MINUTES OF THE ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session April 5, 1995 The Committee on Government Affairs was called to order at 8:08 a.m., on Wednesday, April 5, 1995, Chairman Lambert 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 Mrs. Deanna Braunlin, Vice 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 STAFF MEMBERS PRESENT: Denice Miller, Senior Research Analyst OTHERS PRESENT: Terry Lamuraglia, Clark County Representative The meeting commenced at approximately 8:08 a.m. and began with a work session. Chairman Lambert asked for updates on the latest subcommittee reports. Assemblyman Braunlin indicated the subcommittee on A.B. 36 would bring a decision to the full committee next week. Assemblyman Neighbors said his subcommittee meeting on A.B. 52 would be at 9:00 a.m. this morning. Assemblyman Ernaut reported on A.B. 189, stating they were ready for a motion on the bill but they would wait for Assemblyman Nolan to arrive. Assemblyman Williams stated the amended language was ready for A.B. 204; he went to retrieve it for the committee. Mr. Neighbors contacted Assemblyman Carpenter regarding A.B. 341 and they would meet with the Legislative Counsel Bureau on that bill. He also said he would complete his fact-finding mission on A.B. 328 sometime next week. Mr. Ernaut brought everyone up-to-date on A.B. 12. He had spoken with representatives of Park Cattle Company and the question remained as to who would pay for the storm drains on publicly owned land. Research is being done on a public/private partnership to facilitate the measure. ASSEMBLY BILL 267 - Revises various provisions relating to land use planning. Mrs. Lambert pointed out attachment A, the amendment to A.B. 267 and asked Denice Miller to explain it (Exhibit C). She referred the explanation to Terry Lamuraglia, representative from Clark County. He said the bill had been made applicable to Clark County with the 400,000 or more provisions. The concerns of all who testified were removed. Mrs. Lambert remarked the intent of the amendment was to make the provisions for the planning commissioners terms to be co-terminus with the members of the county commission who appointed them and to make that apply only to county planning commissions in areas whose population is 400,000 or more. ASSEMBLYMAN BACHE MOVED AMEND AND DO PASS A.B. 267. ASSEMBLYMAN BRAUNLIN SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. Mr. Bache would handle the bill on the floor. ASSEMBLY BILL 278 - Revises provisions regarding granting leaves of absence without pay to certain state employees. ASSEMBLYMAN FREEMAN MOVED DO PASS A.B. 278. ASSEMBLYMAN BACHE SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. Mrs. Freeman would handle the bill on the floor. ASSEMBLY BILL 327 - Authorizes leave of absence for certain public officers and employees to assist American National Red Cross during certain disasters. ASSEMBLYMAN NOLAN MOVED DO PASS A.B. 327. ASSEMBLYMAN BACHE SECONDED THE MOTION. Assemblyman Harrington was concerned that the bill was overly broad. The current fiscal note was high and he thought perhaps a cap on the amount of money to be spent during a disaster should be limited. Mrs. Freeman was also concerned about the fiscal note. She pointed out that the cost for Washoe County would be one million dollars. Mrs. Lambert turned the gavel over to Co-Chairman Braunlin and proceeded to defend the bill. She discussed the fiscal note with Washoe County because it seemed unbelievable. It turns out the gentleman who did the fiscal note had a misunderstanding of the bill's intent and was trying to use the fiscal note to kill the bill. There is no way the impact would ever be as high as one million dollars. Mr. Bache commented on the fiscal note and thought it was rather excessive. The fiscal note was really a worst case scenario and would probably never occur. Assemblyman Williams was in support of the bill and expressed how important it was for Nevada to participate. Assemblyman de Braga said the bottom line of the bill was the requirement of approval by the individuals' employers and that had been met. Mr. Nolan agreed. Mr. Harrington wanted to know if there would be a problem putting a fiscal cap on the amount spent. Mrs. Freeman felt if the bill went to the floor with the fiscal note the way it was that there would be a problem getting the support needed for the bill. Perhaps a correction prior to voting it out of committee would be appropriate. Mrs. Lambert said she would defend it on the floor. It is difficult to get a fiscal note correction at this time. THE MOTION PASSED. ASSEMBLYMAN HARRINGTON VOTED NO. ASSEMBLY BILL 354 - Authorizes director of department of personnel to adopt certain regulations regarding noncompetitive appointments of employees with certain disabilities. ASSEMBLYMAN KRENZER MOVED DO PASS A.B. 354. ASSEMBLYMAN SEGERBLOM SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. ASSEMBLY JOINT RESOLUTION 12 - Proposes to amend Nevada constitution to prohibit exemption for legislators, officers, employees or agencies of state from laws applicable to general public. ASSEMBLYMAN ERNAUT MOVED AMEND AND DO PASS A.J.R. 12. Mr. Bennett explained the amendment. As originally written, the resolution would require all elected officials, state employees and agencies a non-exempt status from any laws applicable to the general population. It was decided during committee discussion certain law enforcement officials might be adversely affected. The term "any elected official" was used to clarify and strengthen the bill and would allow law enforcement officers the leeway necessary for the execution of their duties. Mrs. Freeman asked if he found anything in current law that would reflect certain privileges that are not allowed for the general public. Mr. Bennett answered yes, the sovereign immunity, NRS 41.031 stipulates that no court action arising out of an act of omission within the scope of public duties may be brought against a state legislator, officer of the state or any political subdivision....There is also the civil code which states legislators cannot be drawn out of session or subpoenaed for civil action. He referred to NRS 361.157 and asked Denice Miller to explain it. She stated it was concerned with the taxation of real estate that would otherwise be tax exempt if not leased or loaned to another person. It includes an exemption from taxation for the use of exempt property that is leased, loaned or made available to a public officer or employee. Mrs. Krenzer wanted to know if the cost of putting this on the ballot was known. Mrs. Lambert said it would go on the ballot in 1998. The cost would be negligible. She questioned why a constitutional amendment instead of a law. Mr. Bennett responded an amendment has more strength. Mrs. Krenzer said it was fluff and political rhetoric. ASSEMBLYMAN BENNETT SECONDED THE MOTION TO AMEND AND DO PASS A.J.R. 12. Assemblyman Tripple said if this was really wanted, the control was in the statutes. The way it is going now, it will be put into other people's hands. She felt if it is going to happen, it should be a bill and be put into the statutes. Mr. Bennett indicated the problem with that was a statute is too easily changed. This would be a long, hard fight to get it on the 1998 ballot. He felt this was the way to go. Because it takes two legislative actions and a vote of the people to make this happen, the resolution will have a greater consensus and have much more effect than a general legislative action. Mr. Ernaut mentioned the essence of a constitutional amendment was to make it much harder to change. That was the entire point to Mr. Bennett's methodology. THE MOTION PASSED UNANIMOUSLY. Mr. Bennett would handle the bill on the floor. SENATE BILL 57 - Prohibits member of state militia or his dependents from receiving workers' compensation under certain circumstances. Attachment D explained the amendments to the bill (Exhibit C). ASSEMBLYMAN NOLAN MOVED AMEND AND DO PASS S.B. 57. ASSEMBLYMAN KRENZER SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. Mr. Nolan would handle the bill on the floor. SENATE BILL 137 - Provides for free distribution of publications of legislative counsel bureau to county law libraries. ASSEMBLYMAN SEGERBLOM MOVED DO PASS S.B. 137. ASSEMBLYMAN ERNAUT SECONDED THE MOTION. Mrs. Segerblom felt it was very important that LCB publications be sent to all local libraries for distribution to the public. Mr. Bennett was for anything that would improve the competence of our barristers. THE MOTION PASSED UNANIMOUSLY. Mrs. Segerblom would handle the bill on the floor. Mrs. Lambert asked Mr. Ernaut about A.B. 189. ASSEMBLY BILL 189 - Makes various changes to provisions governing recovery of certain civil penalties by public service commission of Nevada. Mrs. Lambert turned the gavel over to Co-Chairman Braunlin as she had a conflict. Mr. Ernaut explained the subcommittee felt the bill was not needed. It was their recommendation to indefinitely postpone the bill. ASSEMBLYMAN NEIGHBORS MOVED TO INDEFINITELY POSTPONE A.B. 189. ASSEMBLYMAN DE BRAGA SECONDED THE MOTION. THE MOTION PASSED. MRS. LAMBERT ABSTAINED FROM THE VOTE. Mrs. Lambert indicated they were waiting for the amendments to A.B. 204 from Mr. Williams. Mr. Neighbors mentioned the subcommittee meeting on A.B. 52 would be at 9:00. Mr. Nolan said his subcommittee meeting on A.B. 276 would be at 10:00 a.m. The amendments for A.B. 204 would wait until tomorrow for presentation. The meeting was adjourned at 8:45 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 April 5, 1995 Page