MINUTES OF THE ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session March 1, 1995 The Committee on Government Affairs was called to order at 8:05 a.m., on Wednesday, March 1, 1995, Chairman Bache 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. Douglas A. Bache, Chairman Mrs. Joan A. Lambert, Chairman Mr. P.M. Roy Neighbors, Vice Chairman Mr. Max Bennett Mrs. Marcia de Braga Mr. Pete Ernaut Mrs. Vivian L. Freeman Mr. William Z. (Bill) Harrington Ms. Saundra (Sandi) Krenzer Mr. Dennis Nolan Mrs. Gene Wines Segerblom Mrs. Patricia A. Tripple Mr. Wendell P. Williams COMMITTEE MEMBERS ABSENT: Mrs. Deanna Braunlin, Vice Chairman, excused GUEST LEGISLATORS PRESENT: Assemblyman Barbara Buckley STAFF MEMBERS PRESENT: Denice Miller, Senior Research Analyst OTHERS PRESENT: Terry Lamuraglia, Chief Legislative Representative, Clark County; Ande Engleman, Nevada Press Association; Diana DeSimone, UCCSN Chairman Bache opened the meeting with the hearing of Assembly Bill 107. ASSEMBLY BILL 107 - Revises provisions governing temporary appointment of certain state employees. (BDR 23-1344) As one of the bill's sponsors, Assemblyman Barbara Buckley introduced A.B. 107. She mentioned the bill was a piece of meritorious legislation as it was designed to aid disabled and disadvantaged students with tutorial assistance. However, at the present time tutors are required to discontinue their services after 160 hours of assistance to each student. This bill would give the university more flexibility and enable the tutors to give more than 160 hours of service to their students. Mrs. Buckley indicated the testimony in Las Vegas showed that the tutors would not be used to the extent of having to pay them benefits. The total allocation for the program would not change. The tutors would simply be allowed to assist each pupil more than 160 hours if necessary. She urged support and consideration of the bill. Assemblyman Tripple had no question with the intent of the bill. She envisioned some possible systematic problems and suggested a broadening of the provision of the bill. Mrs. Buckley indicated to go that extra step would involve consultation with both the universities, certain individuals and perhaps even the State of Nevada Employees Association. She felt that approval and passage of the bill as is would be appropriate and other concerns could be addressed at a later time. Mr. Bache closed the hearing on A.B. 107. Assemblyman Bennett questioned if a motion on the bill would be appropriate. Mr. Bache said yes. ASSEMBLYMAN BENNETT MOVED DO PASS ON A.B. 107. ASSEMBLYMAN SEGERBLOM SECONDED THE MOTION. Mr. Bennett mentioned this was a good, common sense bill. He felt it would be extremely helpful to the kids. Mrs. Segerblom agreed it was needed. THE MOTION PASSED UNANIMOUSLY. ASSEMBLY BILL 137 - Prohibits restraint of competition to purchase or lease county property. (BDR 20-166) Terry Lamuraglia, Clark County representative, spoke on behalf of the Clark County Counsel for A.B. 137. He read from a letter from the Office of the District Attorney detailing the practice of collusion on a bid for personal property. A.B. 137 would prohibit this practice and be in the best interests of the county (Exhibit C). Assemblyman Harrington asked why a fiscal note was attached. Mr. Lamuraglia did not know and indicated he would attempt to find out. Assemblyman Neighbors mentioned he thought the Purchasing Act had a prohibition on collusion on bids. Mr. Lamuraglia stressed this amendment would clarify the language already in place. Assemblyman Lambert read the fiscal note which said `'The bill increases or newly provides for a term of imprisonment..." Assemblyman Tripple stated this was just good business ethics and asked Mr. Lamuraglia if he felt it necessary to legislate that. He said absolutely. Mrs. Segerblom questioned Mr. Lamuraglia if he had heard the testimony on faxed bids. He had not been present at that testimony. Assemblyman Nolan remarked there could be possible collusion on any type of bid and perhaps an amendment to line three eliminating ..."for the purchase or lease of county property:" to encompass all bids not just county property bids. Mr. Harrington noticed the words "providing a penalty" in the bill summary and wondered if that meant the bids would be voided or there would be some sort of punishment for collusion. Assemblyman Ernaut pointed out it would be difficult to amend this bill as over 20 sections in the NRS would have to be changed to correlate with this bill and the law. Mr. Bennett asked Mr. Lamuraglia if he had any ideas how to make subsection one work; how would one prove collusion. Mr. Lamuraglia indicated upon discovery of such bids, they would be voided. Ande Engleman spoke in favor of A.B. 137. She felt collusion and fixing bids amounted to stealing from the taxpayers. She mentioned it was good legislation in preventing prohibition of open competition which helps the price go up. This in turn helps the local governments retrieve some of the tax dollars they have invested which helps keep taxes down. She commended the fiscal note and suggested a civil penalty rather than a criminal charge against offenders. Mr. Bennett queried if there was any provision prohibiting a county from setting a minimum bid when a bid package is sent out. Ms. Engleman said no, she believed it has been done in Carson City. Mr. Neighbors said the only case might be if a county required three bids for an appraised property, then the lowest bid accepted would be the appraised value. Mr. Bache indicated the language in A.B. 137 was essentially similar to the language in NRS 332.165. He mentioned some research would be needed prior to any action being taken on the bill. He closed the hearing on A.B. 137. SENATE BILL 24 - Revises provisions governing sale of certain bonds by City of Henderson. (BDR S-750) S.B. 24 was to be rescheduled because the participants from Henderson were in Las Vegas and unable to attend. There were no parties interested in testifying. The hearing on S.B. 24 was closed. Two bill draft requests were introduced by Mr. Bache. BDR 23-875 - Revises provisions regarding granting leaves of absence without pay to certain state employees. ASSEMBLYMAN WILLIAMS MOVED TO INTRODUCE BDR 23-875. ASSEMBLYMAN BENNETT SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. BDR 19-930 - Makes various changes to provisions governing notary publics. MR. WILLIAMS MOVED TO INTRODUCE BDR 19-930. MR. NOLAN SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. Mr. Bache and Mrs. Lambert requested all committee members arrive on time for the 8:00 a.m. meetings. The meeting was adjourned at 8:26 a.m. RESPECTFULLY SUBMITTED: Denise Sins, Committee Secretary APPROVED BY: Assemblyman Douglas A. Bache, Chairman Assemblyman Joan A. Lambert, Chairman Assembly Committee on Government Affairs March 1, 1995 Page