MINUTES OF THE ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session June 2, 1995 The Committee on Government Affairs was called to order at 8:00 a.m., on Friday, June 2, 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 Ms. Patricia A. Tripple Mr. Wendell P. Williams STAFF MEMBERS PRESENT: Denice Miller; Research Analyst OTHERS PRESENT: Jennifer Stern; City of Sparks, R. Michael Turnipseed; State Engineer, Leola Armstrong; Common Cause, Janine Hansen; Nevada Eagle Forum, Ande Engleman; Association of Journalists. Chairman Lambert called the meeting to order. Chairman Lambert assigned bills to be read on general file. WORK SESSION Work Session Document. See (Exhibit C). ASSEMBLY BILL NO. 12 - Provides for construction of storm sewer project within Lake Tahoe Basin. (BDR S-319) Mr. Ernaut testified all parties involved have come to an agreement which incorporates Douglas County, Department of Transportation, the casino property owners, and the Park Cattle Company. This is described in the attached. (Exhibit D). Mrs. Freeman questioned section one line five ....."manner which is exempt from certain laws governing public contracts..." and the second page, section 2 .."The provisions of chapters 332, 333 and 338 of NRS do not apply to any contract..." what are the chapters they are talking about. Mr. Ernaut stated there is a very small portion of this project that goes across state land, which is the Nevada DOT substation. It has no provisions of prevailing wage. It is almost entirely built with private money. Mrs. Freeman asked where the private money was coming from. Mr. Ernaut replied it was from the casino properties and the Park Cattle Company. Mrs. Freeman asked if the private parties will be contracting with DOT and Douglas County. Mr. Ernaut replied "yes," it makes more sense to go through those two entities to actually do the work. Mrs. Freeman asked if there will be further testimony. Mrs. Lambert said there will be no further testimony. Mrs. Segerblom asked if TRPA was involved. Mr. Ernaut stated as far as he was concerned they were involved. Ms. Tripple stated in the original bill there was an October 1, 1995 date and in the revision there is no reference to a date. Chairman Lambert interrupted to say it will become effective upon passage and approval in section three. Mr. Ernaut interjected that everyone involved wants this done as soon as possible and this was the reasoning for passage and approval, due to the short building season. Mr. Bache asked for clarification that this would be built only by private contractors and not have state involvement. Mr. Ernaut stated this was correct. ASSEMBLYMAN ERNAUT MOVED AMEND AND DO PASS A.B. 12 ASSEMBLYMAN HARRINGTON SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLY BILL NO. 542- Makes various changes relating to Colorado River Commission. (BDR 48-963) Chairman Lambert asked the committee to review the amendments before them, (Exhibit E). Chairman Lambert discussed the amendments with the committee. She stated it dealt mostly with supplemental water, and where the water comes from. The commission does have to comply with the Nevada water law. It does not include water from Lake Tahoe, the Truckee, Carson or Walker Rivers, any ground water in the state of Nevada outside of Clark County, or any service water in the state that flows into the state other than the waters of the Colorado River, unless the State Engineer authorizes the transfer of that water to the Colorado River pursuant to Nevada water law. She asked if the state engineer was happy with the way the amendment was. Mr. Turnipseed replied "yes. " Chairman Lambert stated there was one other change on page eight of the bill, subsection seven, a drafting error was clarified. Also there was an amendment to section twelve page 11 line 39. She said Clark County will get its water from other states and we will encourage them and do everything to help, but the Nevada water law applies to Nevada water outside Clark County. Mr. Bennett asked for clarification in that the wording "Colorado River" in the bill would include all tributaries thereof, and the water can be picked up at any point along those tributaries. Mr. Turnipseed, Nevada State Engineer, testified they participated in the drafting of the amendments, with the exception of the bonding issues. He replied to Mr. Bennett's question saying they have exclusive jurisdiction over the main stem of the Colorado River. He has jurisdiction over the rest of the state. Mr. Bennett asked if they could pick water up from the spring bubble of the Virgin River prior to going into Lake Mead. Mrs. Lambert interrupted to say the Virgin and Muddy rivers are included in the "Colorado River" definition for supplemental water. Mr. Turnipseed stated they are allowed to go outside the state to explore opportunities under section five of the original bill. He then read the bill. ASSEMBLYMAN BACHE MOVED AMEND AND DO PASS A.B. 542. ASSEMBLYMAN WILLIAMS SECONDED THE MOTION. THE MOTION CARRIED. Mr. Bache volunteered to handle it on the floor. ASSEMBLY BILL NO. 543- Repeals provision requiring county to publish or post amount of bills allowed. (BDR 31-780) ASSEMBLYMAN HARRINGTON MOVED TO INDEFINITELY POSTPONE A.B. 543. ASSEMBLYMAN TRIPPLE SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLY BILL NO. 597- Authorizes certain cities and counties to allow use of independent contractors to review plans and inspect buildings. (BDR 22-108) Chairman Lambert stated they did not have an amendment in writing. She then read the proposed enabling language. She stated Clark County has a program they use, whereby they have an independent contractor. This way they can find a way to protect themselves from liability. ASSEMBLYMAN HARRINGTON MOVED AMEND AND DO PASS A.B. 597. ASSEMBLYMAN BENNETT SECONDED THE MOTION. THE MOTION CARRIED. SENATE BILL NO. 288- Revises requirements for annual report of state controller. (BDR 18-787) ASSEMBLYMAN HARRINGTON MOVED AMEND AND DO PASS S.B. 288. ASSEMBLYMAN BENNETT SECONDED THE MOTION. THE MOTION CARRIED. SENATE BILL NO. 303- Makes various changes concerning purchasing by local governments. (BDR 27-1869) Chairman Lambert read the amendment from the bill book and explained same. ASSEMBLYMAN WILLIAMS MOVED AMEND AND DO PASS S.B. 303 ASSEMBLYMAN BACHE SECONDED THE MOTION. THE MOTION CARRIED WITH ASSEMBLYMAN BRAUNLIN VOTING NO AND ASSEMBLYMAN ERNAUT ABSTAINING FROM THE VOTE. SUBCOMMITTEE REPORTS Mr. Ernaut stated on A.B. 332 the problem they have had with the Ponderosa County study is getting to the bottom of numbers everyone could agree with. They brought in the Department of Taxation and had one representative from each group. He sat with the Department of Taxation and went through the budget. Some of the problems are drastic. He has sent those concerns back to the pro county people and also had Incline Village (Ponderosa County) transfer their spreadsheet to the forms supplied by the Department of Taxation for comparison. He then asked for a Subcommittee meeting to be scheduled and posted. Mr. Bache stated they were scheduled to have a Subcommittee on A.B. 464, 465 and 466 on June 7, 1995.. He mentioned there were concerns among the committee members about certain aspects of the bills. Mrs. Bruanlin stated they will be having a Subcommittee meeting on A.B. 602 upon adjournment of this meeting. There being no further business, the meeting adjourned at 8:50. RESPECTFULLY SUBMITTED: Kelly Liston, Committee Secretary APPROVED BY: Assemblyman Douglas A. Bache, Chairman Assemblyman Joan A. Lambert, Chairman Assembly Committee on Government Affairs June 2, 1995 Page