MINUTES OF THE ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES Sixty-eighth Session May 9, 1995 The Committee on Elections and Procedures was called to order at 3:30 p.m., on Tuesday, May 9, 1995, Chairman Giunchigliani presiding in Room 331 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Jack D. Close, Chairman Mrs. Chris Giunchigliani, Chairman Mrs. Joan A. Lambert, Vice Chairman Mr. Dennis L. Allard Mr. Joseph E. Dini, Jr. Mrs. Jan Evans Mr. Thomas A. Fettic Mrs. Vivian L. Freeman Mr. David E. Humke Mrs. Jan Monaghan COMMITTEE MEMBERS EXCUSED: Mr. Richard Perkins, Vice Chairman Mr. Bob Price GUEST LEGISLATORS PRESENT: Senator John B. Regan Senator William J. Raggio Assemblywoman Dianne Steel STAFF MEMBERS PRESENT: Bob Erickson OTHERS PRESENT: Alec Oltman ASSEMBLY JOINT RESOLUTION 30 - Urges Congress to give consideration to readiness of republic of China on Taiwan for broader participation in international community. Senator Jack Regan reflected on his first visit to Taiwan in 1978 and had the displeasure of being in that country the day President Carter broke the treaty. It almost broke the hearts of the Taiwanese to realize a major trading partner had ignored them and went to such an extent. He emphasized southeast Asia was a major trading partner with the United States and because of our import laws, the Taiwanese were becoming importers. As a point of interest he noted the emblems on both the north and south end of our building were gifts from the Taiwanese in 1991. He stressed committee support of A.J.R. 30. Speaker Dini spoke also in support of A.J.R. 30. His written testimony is submitted as Exhibit C. Responding to Mr. Close's inquiry as to what the resolution would actually accomplish, Senator Regan noted twenty five other states had passed resolutions in support of Taiwan re-joining the United Nations. We would be one of many and it would be more of a recommendation from us to the United Nations. Both Senator Regan and Speaker Dini gave personal examples of their experience with the Taiwanese; both agreed they were fine people and heartily recommended our support. A handout entitled "The Republic of China on Taiwan & the U.N.: Questions & Answers" is submitted as Exhibit D. SENATE JOINT RESOLUTION 3 - Proposes to amend Nevada constitution to limit length of legislative session and to require submittal of proposed executive budget to legislature before commencement of legislative session. Senator Raggio introduced his intern from UNLV, Alec Oltman, and asked him to outline the proposed constitutional amendment. Mr. Oltman explained S.J.R. 3 would limit the session to 120 days, retaining biennial sessions, with the session beginning the first Monday in February and requiring the Governor to submit his budget two weeks before the commencement of the session. Currently seven states have biennial sessions and thirty states have a statutory limit on their session length, limiting it to 120 calendar days or less. The average session length over the past three years, according to Mr. Oltman, has been extended to 165 days. Legislators are paid for 60 days; Nevada being the only state limiting the amount of pay legislators earn. Over the last three sessions the average daily expenditure for the Legislature has been $49,672.00 with an estimated savings of $2,235,240.00 with a 120 day limit. Mr. Oltman submitted a handout (Exhibit E) describing length of recent legislative sessions and a comparative schedule of expenditures. Also submitted were editorials from The Daily Sparks Tribune and The Las Vegas Review-Journal in support of S.J.R. 3 (Exhibit F). Senator Raggio briefly described the reasoning behind S.J.R.3. Some of the concerns constantly expressed by the public included the slow pace in which a session begins, length of session being viewed in most peoples' perception being dictated by the considerations of the budget and reviews of the money committees, concern about taxpayer dollars for the legislative process, etc. He declared all those things weighed upon his decision to sponsor S.J.R. 3 and it was not some immediate reaction to other suggestions such as annual sessions. Continuing, Senator Raggio stated his position on annual sessions. He noted most legislators he had conversed with around the country envy the fact that we only meet biennially. From a budgetary standpoint it is easier than to budget within the confines of a fiscal year. He added it is important the Governor submit a budget at least two weeks before the session, allowing every legislator, incoming or returning, to get familiar with the executive budget, both in expenditures and revenue. It would also allow money committee members to come into the session at full speed. In addition, if the session did not begin until the first Monday in February, that would allow the incoming Governor additional time to prepare a budget. He concluded by saying the proposed amendment was designed to incorporate a number of suggestions made by legislators over the years. Committee discussion ensued. A question was posed as to why the date in the resolution was selected. Senator Raggio responded it would be a practical problem not to be meeting generally at the same time when other states are meeting because of lack of communication with legislative organizations which gear themselves to the ordinary time when legislatures meet. Senator Raggio expressed concern that we could be rubber stamps of an executive budget. He said we are hoping eventually to create a legislative office so as to prepare a legislative budget as most progressive states do. That would be an appropriate goal. Chairman Giunchigliani raised a concern in that she "hoped motivation was the substance of what we're doing here rather than worrying about number of days." She targeted S.J.R.3 as "dangerous" as it placed rigid time constraints on lawmakers. Senator Raggio responded by saying, "We are learning from the experience of 30 states that have fixed limits on their legislatures of 120 days. This is not a new idea. And, no matter if we did the best job in the world, we are constantly taken to task, especially by the media, focusing on cost and length of a session." Exploring solutions to the dilemma, Senator Raggio suggested limiting the amount of those requesting bill drafts. He noted the number of bills and bill draft requests honored was exceptional when compared to ordinary legislative processes in other states. Speaker Dini declared one of our drawbacks is how to maintain an adequate staff to handle a session and still not load ourselves with overhead in between sessions. Responding to Assemblywoman Evans' inquiry as to how many of the 30 states having limited sessions also had frequent special sessions, Senator Raggio stated those states having the 120 day limitation, either biannually or annually, did not have frequent special sessions. ASSEMBLY BILL 563 - Revises provisions governing reimbursement of certain expenses of legislators. Chairman Giunchigliani gave a brief analysis of A.B. 563. Assemblywoman Dianne Steel, District 16, stated when planning her move from Las Vegas she priced a rental costing approximately $600 to rent furniture for the entire session; an alternative was to move furniture to Carson City. A professional mover, she learned, would charge $2200, because if moving intrastate in Nevada they have to charge for at least 7000 pounds. In her case she rented a truck and moved it herself which was less than a professional mover but more than just renting the furniture. She concluded by saying, "So it cost the taxpayer more money, and I just think we should close those money holes as much as we can." Assemblyman Close stated he had numerous phone calls concerning a misconception where the public felt the bill would involve additional reimbursement to lawmakers. Assemblywoman Steel verified if the $6800 travel allowance is not used it stays with the state. There would be no additional expense to the General Fund. WORK SESSION Chairman Giunchigliani announced Assemblywoman Tiffany had asked if the committee would do a bill draft request for a presidential primary. ASSEMBLYMAN ALLARD MOVED FOR INTRODUCTION OF A BILL DRAFT REQUEST FOR A PRESIDENTIAL PRIMARY. ASSEMBLYMAN FETTIC SECONDED THE MOTION. Chairman Giunchigliani called for discussion. There was none. THE MOTION CARRIED WITH ASSEMBLYWOMEN GIUNCHIGLIANI AND FREEMAN VOTING NO. ********** Chairman Giunchigliani asked committee if they wanted to take a vote on A.B. 563 which was just heard. ASSEMBLY BILL 563 - Revises provisions governing reimbursement of certain expenses of legislators. ASSEMBLYMAN CLOSE MOVED DO PASS ON A.B. 563. ASSEMBLYMAN FETTIC SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. She explained A.B. 563 was the bill for moving expenses allowing for rental of furniture within the same dollar amount. Committee discussion ensued. Speaker Dini wondered if there was any way the dollar amount could be padded. A suggestion from Assemblywoman Evans was to let the issue go for two sessions and let the county do a comparative analysis on the actual cost in order to check for abuses. Assemblyman Allard's thought was a study on comparison would only be an unnecessary, additional cost to taxpayers and that safeguards already were in place. THE MOTION CARRIED WITH ASSEMBLYWOMAN EVANS VOTING NO. ********** Chairman Giunchigliani asked committee if they wished to take action on A.J.R. 30. ASSEMBLY JOINT RESOLUTION 30 - Urges Congress to give consideration to readiness of republic of China on Taiwan for broader participation in international community. ASSEMBLYMAN HUMKE MOVED DO PASS ON A.J.R. 30. ASSEMBLYMAN DINI SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. ********* ASSEMBLY JOINT RESOLUTION 24 - Proposes to amend Nevada constitution to provide for election of chief justice by justices of supreme court. Assemblyman Humke pointed out on page 1, line 22 of A.J.R. 24 a justice may succeed himself as Chief Justice. He said, "I think that we could amend the bill. Also at line 22 to change the 4 years to 2 years and I would so Move to Amend and Do Pass." ASSEMBLYMAN HUMKE MOVED TO AMEND AND DO PASS WITH THE AMENDMENT SHOWING THE CHANGE FOR THE TERM OF OFFICE OF CHIEF JUSTICE FROM FOUR TO TWO YEARS. ASSEMBLYMAN CLOSE SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. Assemblywoman Lambert thought the term of office of chief justice should be changed to either 2 or 3 years. She felt the justice should not succeed himself as Chief Justice so as to avoid a buildup of power structure. Committee discussion ensued. Assemblyman Close, in referring back to testimony received from chief justices, reminded the committee there is a learning curve to the responsibilities of being Chief Justice, and it does take a certain time period to learn the duties. "If the person does well and has learned the duties, I think the other two years is not developing a power situation over a four year period of time but hopefully would be more efficient." Following a suggestion by Assemblyman Fettic to strike "a justice may succeed himself as chief justice", Assemblyman Humke said he would agree to that. Chairman Giunchigliani asked if that would be acceptable to Assemblyman Close, Seconder of the motion. It was not. THE MOTION DIED. ********** Chairman Giunchigliani asked if anyone else wanted to make a motion on A.J.R. 24. ASSEMBLYMAN DINI MOVED TO INDEFINITELY POSTPONE A.J.R. 24. ASSEMBLYWOMAN LAMBERT SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. Assemblyman Dini, echoed by Assemblywoman Monaghan, said voters had already spoken on the subject so to continue would be a waste of their time. Chairman Giunchigliani asked committee for a vote. THE MOTION FAILED WITH ASSEMBLYMEN GUINCHIGLIANI, LAMBERT DINI, EVANS, FREEMAN AND MONAGHAN VOTING YES. ********** Chairman Giunchigliani asked Mr. Erickson to give an update of S.B. 169 from Secretary of State. SENATE BILL 169 - Makes various changes to provisions governing go ver nm ent al co ntr act s wit h leg isla tor s an d co ntri but ion s ma de to cer tai n pu bli c offi cer s. Mr. Erickson reported one consideration concerning S.B. 169 was to make the dates consistent with filing periods or the period covered under campaign expenditure reports. The Secretary of State gave him a list of six different statutes whereby it would be necessary to also provide that the first reporting period ends 40 days after the general election. Then that would be consistent with the language in S.B. 169. Responding to an inquiry from Assemblyman Close as to the 40 days, Mr. Erickson noted, "I think the Secretary of State and the sponsor of the measure both agree that if you go with this 40 days after the session is over, after which you could not accept campaign contributions, to also provide that that report would also end 40 days after that, you might also have to change then when that report would be made." Chairman Giunchigliani asked Mr. Erickson to put something in writing "especially since we had Ms. Segerblom's bill on the reports. If we could do some time lines in that so that it can tie together. Then we can process this one and then work on the other one." Assemblyman Close asked that a bar graph with dates be included. Mr. Erickson agreed to that inclusion. There being no further business the meeting adjourned at 5:10 p.m. RESPECTFULLY SUBMITTED: Christine Shaw, Committee Secretary APPROVED BY: Assemblyman Jack D. Close, Chairman Assemblywoman Chris Giunchigliani, Chairman Assembly Committee on Elections and Procedures May 9, 1995 Page