MINUTES OF THE ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session June 24, 1995 The Committee on Government Affairs was called to order at 8:00 a.m., on Saturday, June 24, 1995, Chairman Douglas A. 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 Mrs. Deanna Braunlin, Vice Chairman Mr. P.M. Roy Neighbors, Vice Chairman Mr. Max Bennett Mrs. Marcia de Braga Mrs. Vivian L. Freeman Ms. Saundra (Sandi) Krenzer Mr. Dennis Nolan Mrs. Gene Wines Segerblom COMMITTEE MEMBERS EXCUSED: Mr. Pete Ernaut Mr. William Z. (Bill) Harrington Ms. Patricia A. Tripple Mr. Wendell P. Williams GUEST LEGISLATORS PRESENT: Assemblyman John C. Carpenter, District No. 33; Assemblyman Vonne Chowning, District No. 28. STAFF MEMBERS PRESENT: Ms. Denice Miller, Senior Research Analyst OTHERS PRESENT: Ms. Nancy Howard, Nevada League of Cities; Mr. Bob Barengo, Frank McCoy and Red Rock Fireworks and Trading. ASSEMBLY BILL NO. 282 - Authorizes preference for disadvantaged businesses in public works and in state and local government purchasing. Chairman Bache provided proposed amendments to A.B. 282 (Exhibit C). ASSEMBLYMAN NEIGHBORS MOVED TO AMEND AND DO PASS A.B. 282 AND TO REREFER A.B. 282 TO THE ASSEMBLY COMMITTEE ON WAYS AND MEANS. ASSEMBLYMAN FREEMAN SECONDED THE MOTION. Discussions were held among committee members. Mrs. Braunlin asked whether the committee had a definition for "underutilized." Mr. Bache replied he did not believe there was but said a disparity study would provide a means to demonstrate a particular business was underutilized. Mr. Bennett pointed out, commencing on line 5 of page 1, "underutilized" was defined in A.B. 282. THE MOTION CARRIED; ASSEMBLYMAN BRAUNLIN VOTED "NO." ASSEMBLY BILL NO. 703 - Revises provisions relating to vacancies in certain city offices. ASSEMBLYMAN BENNET MOVED TO RESCIND THE COMMITTEE'S PRIOR ACTION ON A.B. 703. ASSEMBLYMAN LAMBERT SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLY BILL NO. 434 - Revises procedure regarding forfeiture of certain water rights. Chairman Bache indicated there was a need to use A.B. 434 as a vehicle for another bill. ASSEMBLYMAN LAMBERT MOVED TO RESCIND THE COMMITTEE'S PRIOR ACTION ON A.B. 434. ASSEMBLYMAN NEIGHBORS SECONDED THE MOTION. THE MOTION CARRIED. Mr. Neighbors said, as a member of the committee which reviewed A.B. 332, he felt compelled to explore the process which led the committee to its decision to indefinitely postpone A.B. 332. He stated, from his perspective as a former county manager, he believed there should be a more orderly and formal process by which to provide the information needed by the subcommittee on A.B. 332 for its review of the proposal contained in that bill and for review of future proposals for the formation of new counties. Mr. Neighbors advised it became apparent to all members of the subcommittee on A.B. 332 that, while proponents of the formation of Ponderosa County had done the best they could to support their position, with no legislative direction or statutory language to guide them, the budgetary and revenue information provided to the committee was woefully lacking and inconsistent and was not in a format which either Department of Taxation or the subcommittee could easily understand. He said, in the course of trying to determine a better way to provide such information, he discovered the requirements imposed on proponents of the formation of a new county were minimal at best. Mr. Neighbors provided a document headed "Chapter 243 PROCEDURE FOR FORMATION OF NEW COUNTIES" (Exhibit D). He explained Exhibit D set forth procedures essentially the same as those required to establish an incorporated city and suggested statute should set forth guidelines for the establishment of a new county. ASSEMBLYMAN NEIGHBORS MOVED TO AMEND (by deleting the body of A.B. 434 in its entirety and inserting provisions in accordance with Exhibit D) AND DO PASS A.B. 434. ASSEMBLYMAN DE BRAGA SECONDED THE MOTION. THE MOTION CARRIED. Chairman Bache assigned A.B. 434 to Mr. Neighbors for the purpose of making a floor statement. ASSEMBLY BILL NO. 703 - Revises provisions relating to vacancies in certain city offices. Mrs. Segerblom said, "I had a question about the bill. It doesn't say in here that it's just a bill for Wendover." Mrs. Lambert advised the bill pertained to the "general law" cities. Assemblyman John C. Carpenter, District No. 33, testified. He advised he had read the proposed amendment to A.B. 703 (Exhibit E) and indicated he believed the Nevada Association of Counties and the attorney for the city of West Wendover had agreed to that amendment. He advised current statute was unworkable and he believed "...this is...a pretty good solution to that situation." Chairman Bache asked whether the proposed amendment (Exhibit E) would delete Section 1 of A.B. 703. Ms. Nancy Howard, Nevada League of Cities, testified. She responded to Mr. Bache's question and advised Section 1 of A.B. 703 would be deleted. Ms. Howard said West Wendover had a unique problem. She advised West Wendover's population was growing so rapidly that its ward boundaries were changing, resulting in elected council members being "...moved out of their ward." She indicated it was that problem which generated A.B. 703. Mrs. Lambert observed A.B. 703 was permissive and would not require every "general law" city to eliminate its wards because it chose to conduct an "at large" election. Ms. Howard confirmed Mrs. Lambert's observation. Chairman Bache asked whether all of A.B. 703 other than Section 2 was to be deleted. Ms. Howard replied affirmatively. ASSEMBLYMAN LAMBERT MOVED TO AMEND A.B. 703 IN ACCORDANCE WITH THE PROPOSED AMENDMENT (Exhibit E) AND BY DELETING SECTIONS 1, 3 AND 4. ASSEMBLYMAN BRAUNLIN SECONDED THE MOTION. THE MOTION CARRIED; ASSEMBLYMAN NOLAN WAS ABSENT AT THE TIME OF THE VOTE. ASSEMBLY BILL NO. 694 - Makes various changes relating to regulation of fireworks. Assemblyman Vonne Chowning, District No. 28, testified. She discussed proposed amendments to A.B. 694 (Exhibit F) which had previously been provided to the committee. Ms. Chowning said Section 1 of A.B. 694 had been deleted. She advised this meant "...the 473 fire district can stay just the same as it is and does not have to address sale of fireworks as safe and sane fireworks or any other type if they do not wish." She indicated Section 2 would become Section 1 and said, "...and the only amendment there just includes in that chapter so that any regulations, any local ordinances would have to be asterisked as the state fire marshal, the entire chapter." Ms. Chowning pointed out Section 3 would become Section 2. She said Assemblyman Harrington had expressed concern that, if it was desired local governments have the ability to authorize sale of fireworks for public use, those fireworks be safe and sane fireworks in order to preclude a fire marshal from refusing to allow any use of fireworks. She advised the word "shall" would be inserted in subsection (f) of Section 2 and pointed out seven definitions of various fireworks were included in that subsection to make it clear in statute what constituted safe and sane fireworks. She indicated language was included to provide local ordinances could be more restrictive than NRS 477. Ms. Chowning advised Section 4 would become Section 3 and discussed the penalties (for violation of NRS 477) provided in that section. She pointed out, under A.B. 694, counties and cities would be allowed to have their own ordinances to govern sale of fireworks but the only fireworks which could be sold were those which were safe and sane. Mr. Bob Barengo, Frank McCoy and Red Rock Fireworks and Trading, testified. He indicated he had several questions concerning A.B. 694. He pointed out A.B. 694 discussed "60 grams of pyrotechnic composition" and "100 grams of pyrotechnic composition" and said he didn't know why 60 grams was specified in one instance and 100 grams was specified in another instance nor did he know what "pyrotechnic composition" was and it was not defined. Mr. Barengo said he believed everyone agreed fireworks should be safe and sane but advised Safe and Sane Fireworks were a brand of fireworks sold by a particular manufacturer and contended nowhere was "safe and sane" defined. Mr. Barengo reiterated he did not know what "pyrotechnic composition" was and maintained if the legislature was going to create statutes requiring its use the legislature should know what it was. Ms. Chowning stated, "That's exactly why this is under the authority of the highest fire official in the state." She advised the state fire marshal would be required to establish a list of fireworks items deemed to be safe and said only the items on that list would be allowed to be sold for public use. She indicated the definitions contained in A.B. 694 were the kind of definitions contained in California's laws and ordinances. Ms. Chowning pointed out local governments could impose greater restrictions on fireworks than those imposed by A.B. 694 but could not permit the sale of fireworks which had more than 100 grams of pyrotechnic composition. She contended the definitions of various fireworks contained in A.B. 694 were accepted definitions and were used by other states which had safe fireworks laws. Mr. Bennett advised pyrotechnic materials consisted basically of gunpowders and of metals which provided color. He said 100 grams was slightly more than 1/5 of a pound and 60 grams was slightly less than 1/8 of a pound. Mr. Barengo asserted it was not sufficient to specify the elements of pyrotechnic composition without specifying the ratio of those elements to be used. Discussions ensued between Mr. Bennett and Mr. Barengo. ASSEMBLYMAN DE BRAGA MOVED TO AMEND AND DO PASS A.B. 694. ASSEMBLYMAN SEGERBLOM SECONDED THE MOTION. Discussions were held among committee members. THE MOTION CARRIED; ASSEMBLYMEN NOLAN AND KRENZER WERE ABSENT AT THE TIME OF THE VOTE. There being no further business to come before the committee, Chairman Bache adjourned the meeting at 4:58 p.m. RESPECTFULLY SUBMITTED: Sara Kaufman, Committee Secretary Assembly Committee on Government Affairs June 24, 1995 Page