MINUTES OF THE ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES Sixty-eighth Session June 6, 1995 The Committee on Elections and Procedures was called to order at 3:40 p.m., on Tuesday, June 6, 1995, Chairman Giunchigliani presiding in Room 330 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 Ms. Chris Giunchigliani, Chairman Mrs. Joan A. Lambert, Vice Chairman Mr. Richard Perkins, 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 Mr. Bob Price GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: Mr. Robert Erickson, Research Director Mr. Lorne Malkiewich, Director OTHERS PRESENT: Ms. Rose McKinney-James, Director, Department of Business and Industry Mr. Ernest Nielsen, Washoe Legal Service Mr. Robert Nielsen, Nevada State Home Builders Ms. Ann Harrington, Executive Director, Affordable Housing Resource Council Mr. Charles Eldridge, Deputy Administrator, Nevada Housing Division Ms. Rita Hambleton, State Legislative Committee Vice Chair, AARP Mr. Jon Sasser, Nevada Legal Services Mr. Dale Erquiaga, Chief Deputy, Office of Secretary of State Mr. Alan Glover, Carson City Clerk Recorder Ms. Valida A. McMichael, Douglas County R.A.M.P. Organization Ms. Joanne Herdt, President, Douglas County R.A.M.P. Chairman Giunchigliani asked for committee introduction for the following Bill Draft Requests: B.D.R. R-2101: Directs Legislative Commission to conduct Interim Study of structure and functioning of Legislative Counsel Bureau. ASSEMBLYMAN FETTIC MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. ASSEMBLYWOMAN EVANS SECONDED THE MOTION. THE MOTION CARRIED. * * * * * * * * * B.D.R. 24-2062: Creates Presidential Preference Primary Election. ASSEMBLYWOMAN MONAGHAN MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. ASSEMBLYWOMAN LAMBERT SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYWOMAN GIUNCHIGLIANI VOTED NO. * * * * * * * * * SENATE BILL 465 - Revises the provisions governing appointment of commissioners on uniform state laws to represent Nevada. Mr. Lorne Malkiewich, Director, Legislative Counsel Bureau, explained S.B. 465 revised the provisions governing the appointment of commissioners on uniform state laws. Mr. Malkiewich informed he was testifying as Director of Legislative Counsel Bureau and as a former commissioner on uniform state laws. One component of the bill added two legislators and the other component allowed the Legislative Counsel to appoint two attorneys, he said. Chairman Giunchigliani asked for questions from the committee. There were none. ASSEMBLYWOMAN EVANS MOVED DO PASS ON S.B. 465. ASSEMBLYMAN ALLARD SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYMAN HUMKE WAS NOT PRESENT FOR THE VOTE. * * * * * * * * * ASSEMBLY CONCURRENT RESOLUTION 38 - Directs Legislative Commission to conduct interim study concerning management of housing programs in Nevada. Chairman Giunchigliani explained she had requested A.C.R. 38 on behalf of Washoe Legal Services and private builders. Ms. Rose McKinney James, Director, Department of Business and Industry, testified in favor of A.C.R. 38. Housing is a division of the Department of Business and Industry, she cited. The Federal Government had focused its efforts on the Housing and Urban Development Department and substantial changes would very likely occur in the nature of the programs that states administer. It would be critical to know there was some ability to comprehensively review housing programs and be able to absorb the federal changes. To the extent the opportunity would be presented through A.C.R. 38, she announced support. Mr. Ernest Nielsen, Washoe Legal Service, testified in favor of A.C.R. 38 and said his organization was a not-for-profit law firm which provided legal services to low income individuals in Washoe County including the area of housing. He asked that committee be aware of the difference in A.C.R. 38 and the 1987 study concerning the availability of low income housing in Nevada. The 1987 study was solely focused on the resources which needed to be developed in Nevada to bring more affordable housing. A.C.R. 38 concerned trying to use resources and programs more effectively and efficiently with block granting of federal programing to Nevada. Mr. Robert Nielsen, a multi-family home builder from Reno, Nevada, represented the Nevada State Home Builders, and testified in favor of A.C.R. 38. H.U.D, the U. S. Senate and the U. S. House of Representatives had concurred in the manner of funding affordable housing in the future, he announced. The method would be a block grant to the states to administer in the form of vouchers and certificates. The specific way Nevada would administer the block grant had not been determined by Congress. He informed it was important that every dollar be administered to the utmost to provide housing for people who needed it. A study as soon as possible was critical to assure Nevada would efficiently deal with the dollars in the coming crisis in administering the money. Ms. Ann Harrington, Executive Director, Affordable Housing Resource Council, a non-profit agency, testified in favor of A.C.R. 38. She said Nevada had three departments or divisions which had various responsibilities for housing: Welfare Department had the homeless programs, the Commission on Economic Development had the community development block grant program, and the Nevada Housing Division has four programs: the home program, the low income tax credits, the low income housing trust funds, and all the bond programs. For people who need to develop housing, it is confusing, she declared. Under the block grant program, Nevada needed to manage all the dollars and programs efficiently. In the current environment, that would not happen, she said. Therefore, A.C.R. 38 was needed to assist the departments in learning how to work together better. Chairman Giunchigliani asked Mr. Bob Nielsen to provide language for appropriate representation. Assemblywoman Freeman asked if there was a possibility private industry could help fund the interim study, and Mr. Bob Nielsen believed there was a possibility. Assemblywoman Freeman then asked Chairman Giunchigliani if the Committee could explore the possibility. Chairman Giunchigliani responded the committee could if it was needed. Assemblywoman Freeman felt the study was very important, and she announced support if extra money was available. Mr. Charles Eldridge, Deputy Administrator, Nevada Housing Division, testified in support of A.C.R. 38. The study would examine some of the ramifications of administering all the programs in view of the new requirements which would be coming from H.U.D. Mr. Eldridge felt it was prudent and in the best interest of the state to study the facts and be ready. Ms. Rita Hambleton, Vice Chair, AARP State Legislative Committee in Nevada, spoke in favor of A.C.R. 38 and urged the Committee to support the legislation. One of the primary goals was to support affordable housing in Nevada which AARP saw as a great need. Mr. Jon Sasser, Nevada Legal Services, testified in support of A.C.R. 38. He discussed staffing for the committee and the make-up of the groups which might participate. A precedent was set in 1987 during the first study of low income housing. Twenty-five people volunteered to work with the committee in an advisory capacity and met at their own expense in addition to the four meetings of the committee. They were members of AARP, developers, and people from cities and counties. They met in Las Vegas in May and tried to form a broad across-the- board cooperation to work with appointed legislators and with the division. He felt the volunteers could give a lot of expertise at no cost to the interim study committee, and announced he would be glad to work with the committee. Concerning A.C.R. 38, Housing Programs Study, a fax in support of the legislation has been received from Project ReStart, 190 E. Liberty Street, Reno, Nevada 89501, and is submitted herewith as (Exhibit C). A fax supporting A.C.R. 38 has been received from Ms. Charlene Wood, Executive Director, Affordable Housing Resource Center of Southern Nevada, Las Vegas, Nevada, and is submitted herewith as (Exhibit D). A fax in support of A.C.R. 38 has been received from Ms. Mamie Chinn Hechter, President, Nevada Community Reinvestment Corporation, 5920 W. Flamingo Road, Suite 8, Las Vegas, Nevada 89103, and is submitted herewith as (Exhibit E). There being no other testimony, Chairman Giunchigliani closed the hearing on A.C.R. 38. Chairman Giunchigliani announced the committee would go into Work Session. ASSEMBLY BILL 526 - Makes various changes relating to commission on ethics. Assemblywoman Lambert, upon request of Chairman Giunchigliani, spoke concerning A.B. 526 and called attention to a letter dated June 6 from Francis Doherty, Office of the Attorney General, (Exhibit F), and "Amendments to A.B. 526," (Exhibit G). Assemblywoman Lambert introduced Francis Doherty, who asked the Committee to seriously consider putting language on page 2 of her letter (Exhibit F) in place of Section 1, and then eliminate Sections 3 and 4. The purpose of the language and the intent everyone had expressed sharing with the Commission was to give the Commission jurisdiction over present public officers and employees; jurisdiction over public officers and employees who leave employment during the course of the proceedings, and jurisdiction over past public officers and employees for a closed period of time. Ms. Doherty also put in subsection 2 (c) (under Section 1) (Exhibit F) new language taken from earlier language. Ms. Doherty continued her recap of proposed amendments outlined in (Exhibit F). Assemblyman Close questioned the term "discovery" which was changed to "reasonable discovery." Ms. Doherty explained "reasonable" was generally applied when it would have been known or should have been known in the public arena. Committee discussion ensued concerning A.B. 526. ASSEMBLYWOMAN LAMBERT MOVED TO AMEND AND DO PASS A.B. 526 WITH THE AMENDMENTS ON PAGE 3 AND THE NEW LANGUAGE ON PAGE 2 OF MS. DOHERTY'S LETTER, (EXHIBIT F), IN REGARD TO SECTION 1, AND WITH THE CONCEPT WHERE THERE WOULD BE A PENALTY FOR BREACHING CONFIDENTIALITY OF THE PART OF THE LAW THAT IS STILL CONFIDENTIAL. ASSEMBLYMAN CLOSE SECONDED THE MOTION. Chairman Giunchigliani stated the subcommittee's thought was there needed to be a standard and that "wilfulness," which was still fairly common within the other criminal statutes, would be appropriate to leave in. ASSEMBLYMAN PRICE MOVED TO AMEND THE MAIN MOTION BY STRIKING "WILFUL". ASSEMBLYWOMAN MONAGHAN SECONDED THE MOTION. Chairman Giunchigliani asked for discussion on the motion. Committee discussion ensued regarding the word "wilful." Ms. Doherty believed the language was copied from criminal statutes when language for the bill was drafted in 1991. Chairman Giunchigliani asked for a vote on the motion to amend the main motion by striking "wilful". THE MOTION FAILED. ASSEMBLYMEN CLOSE, FETTIC, PERKINS, ASSEMBLYWOMEN EVANS, FREEMAN AND GIUNCHIGLIANI VOTED NO. ASSEMBLYMEN ALLARD, DINI AND HUMKE WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * Chairman Giunchigliani announced the main motion was still on the floor. She clarified the amendments to A.B. 526 which were to strike Section 1 and insert the new language provided in (Exhibit F); striking Sections 3 and 4; taking three amendments listed on Page 2 of (Exhibit F) (amendments are listed as being on pages 4, 5 and 6 of A.B. 526, and were recommended by the subcommittee); and adding new language which would take the place of "fraud". Chairman Giunchigliani asked for further discussion on the motion. There was none. THE MOTION CARRIED. ASSEMBLYMEN HUMKE AND DINI WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * Concerning A.B. 526, a letter dated June 7, 1995, from Frances Doherty, Deputy Attorney General, and containing suggested language to replace subsection 4 of Section 7 at page 5 of the bill, is submitted herewith as (Exhibit H). ASSEMBLY BILL 517 - Revises provisions governing forms for reporting campaign contributions and expenses. Chairman Giunchigliani explained to the audience the committee had asked staff to go through the bills listed in (Exhibit I), "Suggested Combining of Certain Election Bills," and align the legislation based on sections from the statute which more appropriately belonged in one bill. The Committee would recommend to indefinitely postpone some of the bills but would take certain sections and add to other bills. At this time, Chairman Giunchigliani invited Mr. Dale Erquiaga, Chief Deputy, Office of Secretary of State, to assume the testimonial table and assist the Committee. Referring to "Amendments for a Campaign Reform Bill," (Exhibit J), Chairman Giunchigliani asked the Committee to refer to Page 1, "Add new language to read as follows." She explained A.B. 517, Section 1, lines 3 through 10 would be reworked with the new language. That would then become the genesis of the main part of reworking A.B. 517. The Committee would suggest language from the Secretary of State's bill regarding campaign reporting from $500 to $100 for the individuals and caucuses be inserted in A.B. 517. All the same concept and the same area would be contained within one bill. Chairman Giunchigliani then asked for questions. Mr. Dale Erquiaga, Chief Deputy, Office of Secretary of State, agreed with Chairman Giunchigliani's changes. Chairman Giunchigliani again asked for questions from anyone who wished to speak regarding this recommendation. Assemblyman Close clarified those aspects of A.B. 517 dealing with the dates, and asked if everyone had a clear interpretation. Mr. Erquiaga and Chairman Giunchigliani each reiterated the changes that would occur in A.B. 517, and general committee discussion ensued concerning the changes. ASSEMBLYMAN CLOSE MOVED TO AMEND AND DO PASS A.B. 517. ASSEMBLYMAN ALLARD SECONDED THE MOTION. Chairman Giunchigliani asked for further discussion. There was none. THE MOTION CARRIED. ASSEMBLYMEN DINI AND HUMKE WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * ASSEMBLY BILL 618 - Makes various changes in provisions governing elections. Mr. Erickson, at Chairman Giunchigliani's request, began by explaining A.B. 517 as amended "now deals with only one chapter of NRS which is Chapter 294A, the campaign practices. A.B. 618 primarily deals with Chapter 293 of NRS which is the general law and a few additional sections." Mr. Erickson then referred to (Exhibit K), "Amendments to Assembly Bill 618, Assembly Committee on Elections and Procedures, June 6, 1995." He told the Committee suggestions were to delete Sections 18 through 22 and 30 through 49 of the bill since A.B. 651 and A.B. 517 would cover those sections. Mr. Erickson then recapped (Exhibit K) with questions from the Committee. Mr. Erickson gave a change which was omitted from (Exhibit K) on page 6, section 11, line 10. Language "on or before the second Tuesday in June" was suggested to be changed to the third Tuesday, and had previously been discussed, Mr. Erickson pointed out. Mr. Erickson then concluded his testimony on (Exhibit K). Mr. Erquiaga discussed pages 12 and 13 of Section 24. Mr. Erquiaga said, after analysis by various people including judges and the Secretary of State, it was the position of the Secretary of State's office that the restriction on the public list of registered voters should be taken out of the law. Lines 41, 42, and 43 of page 12, reflect the change. The Legislative Counsel agreed the change follows the case law and the other statutes. Mr. Erquiaga, discussing Page 13, lines 28, 29 and 30, said the Secretary of State's position was that it should apply to all 17 counties or it should apply to no one. Assemblyman Fettic pointed out a typographical error on page 28, section 51, line 24. Committee discussion continued regarding potential amendments to A.B. 618. Ms. Freeman felt strongly if a person wished to register to vote but did not want his/her home address on a public list, that should be their right. Assemblyman Close asked if there was any potential to include misuse of the list, and suggested defining "misuse." He further asked if a penalty for misuse of the list should be imposed. Mr. Erquiaga explained the current law required assurance be provided that the list be used only for purposes related to an election. Whether or not that assurance of a public document could be required was vague. If taken out, he was uncertain how abuse would be defined. Crimes regarding abuse were covered in other statutes, he declared. Mr. Erickson at this time pointed out the pages attached to the first page of (Exhibit K) were from A.B. 620 and A.B. 564. Mr. Erickson, with assistance from Mr. Erquiaga, explained suggested changes in (Exhibit K) with questions from the Committee. Mr. Alan Glover, Carson City Clerk/Recorder, assumed the testimonial table along with Mr. Erickson and Mr. Erquiaga and assisted in the portion of the discussion regarding mail-in, small precincts and days required for sample ballot mailing. Chairman Giunchigliani asked for public testimony on A.B. 618. Ms. Valida A. McMichael, Douglas County R.A.M.P. organization, testified in favor of A.B. 618 along with Ms. Joanne Herdt, President, R.A.M.P. Ms. McMichael addressed number three of A.B. 618 and asked that number three be included. Ms. McMichael stressed her organization did not wish to condemn anyone but wished to close a loophole in the law. Mr. Alan Glover, Carson City Clerk, testified language should be kept as short as possible because space was limited on a ballot. Mr. Glover added it was not a problem in the sample ballot because everything needed could be printed. He suggested language, "Do you support.....yes or no." Chairman Giunchigliani said a letter of intent with language from A.B. 620 attached would be sent as suggestions for promulgation of regulation. Mr. Erquiaga explained on Page 1 of A.B. 618, line 6, "a city of the second or third class" would be struck. Concerning A.B. 618, election ballots, a fax has been received from Mr. Mike Pasek and Mr. Tom Stown, Nevada Election Watch, and is submitted herewith as (Exhibit L). Chairman Giunchigliani asked for a motion. ASSEMBLYMAN PRICE MOVED TO AMEND AND DO PASS A.B. 618 ASSEMBLYMAN PERKINS SECONDED THE MOTION. Chairman Giunchigliani asked for further discussion. There was none. THE MOTION CARRIED. ASSEMBLYMEN DINI AND ALLARD, AND ASSEMBLYWOMAN MONAGHAN WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * ASSEMBLY BILL 620 - Revises provisions relating to proposal and repeal of ordinances by initiative and referendum. Chairman Giunchigliani asked for a motion. ASSEMBLYMAN PRICE MOVED TO INDEFINITELY POSTPONE A.B. 620. ASSEMBLYWOMAN EVANS SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. ASSEMBLYMEN DINI AND ALLARD, AND ASSEMBLYWOMAN MONAGHAN WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * ASSEMBLY BILL 564 - Makes various changes to provisions governing elections. Chairman Giunchigliani asked for a motion. ASSEMBLYWOMAN EVANS MOVED TO INDEFINITELY POSTPONE A.B. 564. ASSEMBLYMAN PERKINS SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. ASSEMBLYMEN DINI AND ALLARD, AND ASSEMBLYWOMAN MONAGHAN WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * ASSEMBLY BILL 529 - Requires transmittal of additional information on convicted felons to county clerks and registrars of voters. Chairman Giunchigliani stated she had worked with Criminal Records, and A.B. 529 did not work in its present format. She recommended the Committee indefinitely postpone because it was required in the National Voter Rights Act and could be handled through regulatory process. ASSEMBLYWOMAN LAMBERT MOVED TO INDEFINITELY POSTPONE A.B. 529. ASSEMBLYWOMAN FREEMAN SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. ASSEMBLYMEN DINI AND ALLARD, AND ASSEMBLYWOMAN MONAGHAN WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * ASSEMBLY BILL 619 - Makes various changes to provisions governing elections to comply with National Voter Registration Act. Mr. Dale Erquiaga, at the request of Chairman Giunchigliani, reviewed the suggested amendments to A.B. 619. See (Exhibit M). Chairman Giunchigliani asked for questions from the Committee. There were none. ASSEMBLYWOMAN FREEMAN MOVED TO AMEND AND DO PASS A.B. 619. ASSEMBLYMAN HUMKE SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. ASSEMBLYMEN ALLARD, DINI AND PERKINS WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * ASSEMBLY BILL 523 - Changes date of primary election. Chairman Giunchigliani asked for a motion. ASSEMBLYMAN CLOSE MOVED TO INDEFINITELY POSTPONE A.B. 523. ASSEMBLYMAN FETTIC SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. ASSEMBLYMEN ALLARD, DINI AND PERKINS WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * ASSEMBLY BILL 635 - Revises provisions governing opening of legislative session and contests of election of legislators. Chairman Giunchigliani stated from public testimony, the only question raised was regarding the issue of the bond. Committee discussion ensued with comments from Mr. Erquiaga regarding posting of a bond and the amount of the bond. Chairman Giunchigliani stated she would accept a motion to Amend and Do Pass and delete the bond. The amendment would be on Page 5 to strike language beginning at line 26 regarding the bond. ASSEMBLYWOMAN FREEMAN MOVED TO AMEND AND DO PASS A.B. 635. ASSEMBLYMAN FETTIC SECONDED THE MOTION. Chairman Giunchigliani asked for further discussion. There was none. THE MOTION CARRIED. ASSEMBLYMEN ALLARD, DINI AND PERKINS WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * ASSEMBLY BILL 651 - Revises provisions governing mechanical voting systems. Chairman Giunchigliani explained the Committee took early voting out of the other bills and needed to collapse it into A.B. 651, but noted changes were needed. Mr. Erquiaga referenced the Amendments to Assembly Bill 651 (Exhibit N). The Clark County Registrar of Voters was still working through A.B. 651, he cited, and reminded the voting machine was at the last committee meeting. A.B. 651 was a very technical bill and affected Clark County specifically, but the proposed changes affected all the counties, he said. Mr. Erquiaga and the Clark County lobbyist preferred the Committee work A.B. 651 with Ms. Kathryn Ferguson in the Committee Room since she knew the bill, and the amendments were her amendments. Ms. Ferguson would be available the next week, he said. Chairman Giunchigliani announced A.B. 651 would be agendized for the Tuesday, June 13, 1995, committee meeting. Mr. Erickson pointed out Mr. Alan Glover, Clerk/Recorder from Carson City, had suggested changes that were originally to A.B. 618, and the changes dealt with early voting. Those changes should be incorporated with the other changes. There being no further business to come before committee, the meeting was adjourned at 6:02 p.m. RESPECTFULLY SUBMITTED: Bobbie Mikesell, Committee Secretary APPROVED BY: Assemblyman Jack D. Close, Chairman Assemblywoman Chris Giunchigliani, Chairman Assembly Committee on Elections and Procedures June 6, 1995 Page