MINUTES OF THE ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session June 16, 1995 The Committee on Government Affairs was called to order at 8:00 a.m., on Friday, June 16, 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 GUEST LEGISLATORS PRESENT: Richard D. Perkins Senator Maurice E. Washington STAFF MEMBERS PRESENT: Denice Miller; Research Analyst OTHERS PRESENT: R. Michael Turnipseed; Nevada State Engineer, Carol Thomas; State Personnel, Maynard Yasmer; DETR, Kurt Fritsch; City of Henderson, Dan Bowman; Citizen. ASSEMBLY BILL NO. 345- Revises provisions governing term of office of municipal judge of City of Henderson. (BDR S-751) FIRST REPRINT Richard Perkins, Assembly District 23, testified on behalf of A.B. 345. He stated this change was requested by the municipal court judge in Henderson, Judge Ken Proctor. He was unable to be present to testify. This change would be for the term in office to be from four years to six years. This would comport with most of the other judges throughout the state. The district court, and justice of the peace have six year terms. The justice of the peace terms came at the end of the last legislative session as well as some municipal judges throughout the state. He stated this would make it more consistent with those who are already serving on the bench and would also take some of the politics out of the judiciary. This would allow fewer elections, and amounts of money going to campaigns. They can be more objective and partial. Mr. Neighbors concurred with Mr. Perkins. Mrs. Segerblom asked if there was one municipal judge in Henderson. Mr. Perkins replied they have one municipal judge but there is room for additional judges. He could not speculate when this will happen. He said the new justice facility built in Henderson was built with an "eye" towards expansion. Mr. Kurt Fritsch, City of Henderson, stated the city counsel of Henderson did discuss this with the judge, and did agree to support this legislation. They have not done any formal budgeting or taken formal actions as far as adding a municipal court or justice court position in Henderson. They have taken care of the expansion to deal with it over the next couple of years. ASSEMBLYMAN NEIGHBORS MOVED DO PASS ON A.B. 345 ASSEMBLYMAN SEGERBLOM SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. SENATE BILL NO. 544- Provides for use of catastrophic leave by state employee for death in his immediate family. (BDR 23-1830) Senator Washington, Washoe District 2, testified S.B. 544 fills in a hole in a catastrophic leave, for those employees who have an immediate death in the family it will extend the catastrophic leave to take care of those situations where currently they cannot. The current statute allows those employees who have catastrophic leave to use the leave for illnesses and sicknesses in their family, but it does not allow them to use the catastrophic leave if there is a death in the family. This will extend it. He stated the state personnel department has signed on the bill and stated it takes care of the loop holes. Mr. Bennett asked what was the definition of immediate family. Senator Washington replied it would be spouse, parents, children. The determination would be made the employee's supervisor. Carol Thomas, Nevada State Personnel, testified the Department of Personnel supports S.B. 544. In its six year history, the catastrophic leave program has been very successful for both the state and its employees. Mr. Bennett stated he noted the bill has no fiscal note, and asked for an explanation. Ms. Thomas replied that catastrophic leave is donated leave from someone else's leave bank. There may be some indirect costs, but direct costs would be hard to calculate unless an individual was gone long enough where administration would need an overlap. Ms. Tripple asked if there were any limits to having catastrophic leave. Ms. Thomas replied "yes," an employee can use a maximum of one thousand forty hours in one calendar year. This equates to about six months. Maynard Yasmer, Nevada State Department of Employment Training and Rehabilitation, testified he was representing his sister and other state employees. He stated his father passed away on February 24, 1995 after a long and painful illness. His sister attended him day and night until his death. He mentioned she is an employee of SIIS. During the process of this, she utilized all of her own annual and sick leave. He transferred his leave time to her. At the time of his death she had to return to work due to the current law not providing for grieving or healing after the death of someone. Her employer was compassionate, but the law insisted on her return. Mr. Yasmer commented that catastrophic leave is one of the best things going for public servants. It has no fiscal impact, and through donations, state liability goes down. The state benefits from this. It also provides an arena of love and respect of one employee to another during times of adversity at no cost to the taxpayer. He urged passaged of S.B. 544. ASSEMBLYMAN BRAUNLIN MOVED DO PASS ON S.B. 544 ASSEMBLYMAN NOLAN SECONDED THE MOTION. Mr. Bennett interjected that he wholeheartedly supported this bill. Mrs. Freeman stated this was Myrna Williams' bill in 1989. THE MOTION CARRIED UNANIMOUSLY. ASSEMBLY BILL NO. 721- Permits election of directors of fire protection districts without precincts. (BDR 42-2131) Pete Ernaut, District 37, testified A.B. 721 was drafted late, and thanked the committee for allowing late introduction. He testified it is a very simple bill and a very simple concept. In the Lake Tahoe area there are three fire protection districts which are elected bodies. Unfortunately the law states that they must be elected from precinct numbers. The precinct boundaries are not always congruent to the fire protection district boundaries. Basically you have people who do not live within the fire protection district voting for the people on the fire protection board. He commented the bill says if someone is elected, they are elected within the boundaries of the fire protection districts, rather than precincts. Chairman Lambert recalled a bond issue from Truckee Meadows, requiring Washoe County to make new precincts. She asked if there was a possibility that this could be done at Lake Tahoe as an accommodation. Mr. Ernaut replied this was just for fire protection districts. He asked if she was speaking of a bond issue for fire protection districts. Chairman Lambert replied, "yes," it would be similar to the bond measure to build fire stations and override to hire more fireman in a fire protection district such as the one described. Mr. Ernaut stated this bill only speaks to the election of the actual board members of the fire protection districts. Chairman Lambert interjected she did not see how without precincts you could conduct an election and know which commissioner you are voting for. Mr. Ernaut replied they would be elected at large within the fire protection district. Chairman Lambert stated it still has to be determined that someone lives within the district and it has to be proven. Mr. Ernaut replied "absolutely." Chairman Lambert asked Mr. Ernaut if he had spoken to the Washoe County Registrar, County Clerk or anyone about this. Mr. Ernaut replied he had not, but would be happy to. Mrs. de Braga asked if they were required to have a fire precinct district. Mr. Ernaut stated it allows them freedom to create precincts within a fire protection district, he did not know if anyone would do that. It would not make any sense, because it would be incongruent to the existing county precincts for other elections. He reiterated he would check with the county clerk and the voter registrar to make sure everything is O.K. with the bill. SENATE BILL NO. 551- Repeals Senate Bill No. 97 of this session. (BDR S-2095) Mike Turnipseed, Nevada State Engineer, testified S.B. 551 repeals S.B. 97 that was passed earlier in the session. S.B. 97 came from the interim study committee on water resources management and allocation. Senator Rhoads asked Mr. Turnipseed to introduce this bill in committee. He explained S.B. 97 came about as a question in some people's mind as a result of some legislation that was passed in 1993, that clarified the methodology or criteria to prove a prior pre-statutory water right for livestock watering. In the interim between 1993 and 1995 session there was question that they had created a third kind of water right. Prior to 1905 you appropriated water by diverting it from its source and putting it to beneficial use. In 1905 legislature adopted a process where you make an application for a water right, and it evolves into a permit, is advertised subject to protest, becomes a certificate and then is a certificated water right rather than a vested water right. When S.B. 97 passed out of both houses of the legislature and was signed by the Governor, one of Senator Rhoads' constituents, a long time attorney in Elko did not like the word "existing vested right." He wanted the word "existing" removed, and Mr. Turnipseed wanted to keep "existing" in. They did not have any problem with the removal of "vested" and calling it a "pre-statutory right". They compromised by repealing the bill. He said it is sufficient to say, as long as legislative history reflects there are only two kinds of water rights in Nevada. Mrs. de Braga asked if they were only repealing the italicized section. Mr. Turnipseed answered it only repeals S.B. 97 which added the language "existing vested right to water livestock that has not been abandoned or forfeited." The remainder of the section stays in the law. Mrs. Freeman stated she was confused about this bill, but was glad to see clarification. Mr. Neighbors stated he had seen vested rights signed by Calvin Coolidge. ASSEMBLYMAN FREEMAN MOVED DO PASS ON S.B. 551. ASSEMBLYMAN DE BRAGA SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY WITH MRS. KRENZER AND MRS. BRAUNLIN NOT PRESENT DURING THE VOTE. A recess was taken. Mr. Ernaut spoke with Mary Henderson of Washoe County, and after going over A.B. 721 it covers the concerns because the county commissioners establish the boundaries from the start and also establish the fact they can have "at large" elections. ASSEMBLYMAN NEIGHBORS MOVED DO PASS ON A.B. 721. ASSEMBLYMAN BENNETT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ASSEMBLY BILL NO.703- Revises provisions relating to vacancies in certain city offices. (BDR 21-516) Chairman Lambert discussed the West Wendover Bills. She stated she read a letter from an attorney from West Wendover on A.B. 703. This made it clear if there was a vacancy, the person who filled it, filled it for the remainder of the term. She then read the letter from Terry De Grazia. It made it clear the person filling the position would stay in office until the next city election. ASSEMBLYMAN BACHE MOVED TO INDEFINITELY POSTPONE A.B. 703. ASSEMBLYMAN HARRINGTON SECONDED THE MOTION. THE MOTION CARRIED WITH MR. ERNAUT AND MRS. LAMBERT VOTING NO. ASSEMBLY BILL NO. 696- Revises provisions relating to collection of certain license taxes levied by county in newly incorporated cities or towns. (BDR 21-2037) Chairman Lambert stated there were two amendments drafted by John Swendseid. (Exhibit C & D). ASSEMBLYMAN NEIGHBORS MOVED AMEND AND DO PASS A.B. 696. ASSEMBLYMAN BACHE SECONDED THE MOTION. THE MOTION CARRIED. SENATE JOINT RESOLUTION 11- Urges Congress to investigate utility of importing water to Nevada from sources outside Nevada. (BDR R-1000) ASSEMBLYMAN NOLAN MOVED DO PASS S.J.R 11. ASSEMBLYMAN BENNETT SECONDED THE MOTION. THE MOTION CARRIED. The meeting adjourned at 9:15 .am. RESPECTFULLY SUBMITTED: Kelly Liston, Committee Secretary Assembly Committee on Government Affairs June 16, 1995 Page