MINUTES OF THE SENATE COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session January 26, 1995 The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 6:00 p.m., on Thursday, January 26, 1995, in Room 227 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator Ann O'Connell, Chairman Senator Randolph J. Townsend, Vice Chairman Senator Jon C. Porter Senator William J. Raggio Senator William R. O'Donnell Senator Dina Titus Senator Raymond C. Shaffer GUEST LEGISLATORS PRESENT: Lawrence E. Jacobsen, Senator, Western Nevada Senatorial District Ernest E. Adler, Senator, Capital Senatorial District STAFF MEMBERS PRESENT: Dana Bennett, Senior Research Analyst Tanya Morrison, Committee Secretary OTHERS PRESENT: Leroy Ingram, Pearl Harbor Survivor R.B. Peachey, Pearl Harbor Survivor Jack Noftzger, Pearl Harbor Survivor Bill Roney, Pearl Harbor Survivor Duncan Monroe, Private Citizen Megan Wojak, McQueen High School Student Kurt Fritsch, City of Henderson R.W. Budd, Pearl Harbor Survivor Holli Branch, Reed High School Student William Moore, Artist Senate Bill 116: Designates December 7 as Pearl Harbor Remembrance Day. (BDR 19-1309) Lawrence E. Jacobsen, Senator, Western Nevada Senatorial District, spoke in favor of S.B. 116. He told the committee our youth of today do not understand the significance of Pearl Harbor Day. He explained to the committee there are a lot of important battles to be remembered, but he pointed out the attack on Pearl Harbor was the beginning of the end of a time when Americans found out they would be tested to see if they appreciated their freedom. Senator Jacobsen himself is a Pearl Harbor survivor and expressed how important it is for our youth to always remember that day in history. He told the committee the real heroes are not with us any longer, but those that did give their lives on that day were special. He explained to the committee this bill would not cost the state any money and it would not proclaim it a state holiday, but a day which will always be remembered and honored. Chairman O'Connell pointed out to the committee and the others attending this meeting Senator Jacobsen was not only a Pearl Harbor Survivor, but he also is a hero in that he saved some lives during the attack on Pearl Harbor. Leroy Ingram, Pearl Harbor Survivor, spoke in favor of S.B. 116. He told the committee Pearl Harbor was just a small war compared to what would happen if we were to go to war again. He explained all Americans should remember the attack on Pearl Harbor and be on alert so this will not happen again. R.B. Peachey, Pearl Harbor Survivor, spoke in favor of S.B. 116. He explained to the committee how important this bill is because he has two grandsons aged 10 and 13 who do not even know what Pearl Harbor is and what took place there on December 7. He urged the committee to pass this bill. Senator O'Donnell asked all of the individuals who were here to support this bill to come forward and speak so they could be a part of this permanent record of this historic event. Jack Noftzger, Pearl Harbor Survivor, stated he is also in support of S.B. 116. He told the committee he was stationed at Pearl Harbor also. He emphasized he could not add much to what the other gentlemen who spoke said, but he does urge the committee to pass this bill. He reminded the committee, after all the survivors of Pearl Harbor are gone, there will be something left behind to remember them by and that could possibly be this bill. Bill Roney, Pearl Harbor Survivor, from Ely, Nevada, stated he also supports this bill. He wants all children to mark this day as a remembrance day. He told the committee he had a friend from White Pine County who went to Pearl Harbor with him, but he is no longer with us, so he is speaking for him also. He emphasized going into the schools to explain to the children how important Pearl Harbor Day is to this country. R.W. Budd, Pearl Harbor Survivor, stated he was aboard the U.S.S. California on the morning of December 7, 1941 and he also appreciates having this committee hear this bill and urged them to pass it. He stated he feels it is very important that this important day never be forgotten. Senator O'Donnell stated he understood their pride having served in the armed forces. He told these Pearl Harbor survivors he was honored to have them sitting in front of him testifying. Ernest E. Adler, Senator, Capital Senatorial District, told the committee he also supported this bill and urged them to pass S.B. 116. SENATOR RAGGIO MOVED TO DO PASS S.B. 116. SENATOR O'DONNELL SECONDED THE MOTION. Senator Raggio told the committee he was in World War II, but he was not at Pearl Harbor. He pointed out there are very few days in a lifetime where you remember exactly where you were and what you were doing when something happened. He stated December 7, 1941 as one of those days. He stated this is a very significant way to memorialize that important date in the history of this country. Senator Porter stated Pearl Harbor Day is a very important date in his family in that his uncle was at Pearl Harbor and survived. He told the committee he was very proud to vote this bill through the committee. THE MOTION CARRIED UNANIMOUSLY. ***** Chairman O'Connell opened the hearing on Senate Bill (S.B.) 80. Senate Bill 80: Designates tule duck decoy as official state artifact of State of Nevada. (BDR 19-172) Senator Adler spoke to the committee on this bill. He told the committee this bill is very important. He explained to the committee these tule duck decoys are significant in that they are still being made by some Indians in the Fallon area, although the ones to be the state artifact have a long history and are very old. Duncan Monroe, Private Citizen, told the committee he teaches Nevada History and American History at Billinghurst Middle School. He explained Mr. William Moore is responsible for starting the movement for this bill. Mr. Monroe emphasized his wife always urged him in his classrooms to talk about the Lovelock Cave Archeological dig in 1924 and the finding of the tule duck decoys. He added this was always a part of Nevada history curriculum, but there was never anything to show the students what a tule duck decoy looked like. Finally, he told the committee, his wife purchased a tule duck decoy print from William Moore, artist, which he could now show to his classes. Mr. Monroe stressed it was one of his students who asked where the tule duck decoys which were dug up in 1924 were located. He inquired and found that they are in a museum in New York City. The students felt they should be returned to Nevada for historic reasons. He acknowledged it was the students who began the RADD project which stands for, Return A Duck Decoy, a project which culminated in the museum sending two of the tule duck decoys to Nevada in 1991, on loan. These were displayed at the Capitol building and then transferred to the Nevada State Museum for the duration of their visit here. He stressed it is still very important to seek endorsement by the state legislature to declare the tule duck decoys as state artifacts so more individuals would become aware of them and help support getting them back to Nevada. He explained to the committee these decoys are over 2,000 years old and are solely unique to Nevada. Mr. Monroe told the committee he hoped somewhere down the road one or two of the decoys could possibly be returned to this state, properly currated and displayed in our Nevada State Museum. Megan Wojak, McQueen High School Student, spoke in favor of S.B. 80. Ms. Wojak stated she has helped with this project and bringing this bill to the legislature. She explained they started with letters to a lot of individuals with not many responses. She urged the committee to pass this bill and maybe in some way, help bring the decoys back to Nevada where they belong. Holli Branch, Reed High School Student, spoke in favor of S.B. 80. She told the committee when she speaks she is speaking for her whole team (RADD) and for the whole state who may never get the chance to see this part of Nevada's history. She urged the committee to help get a couple of the decoys back. Senator O'Connell asked if these decoys are owned by a private individual and if they were donated to the museum in New York. William Moore, Artist, told the committee the money for the excavation of the decoys in 1924 was donated by the Hyde Foundation; and, because it was their money and in 1924 archeology was not necessarily big moneymaking, all of the decoys ended up in New York. Senator O'Connell asked what the decoys are made of and what has held them together over all these years. Mr. Moore stated in 1911 some gentlemen out of Lovelock were mining bat guano out of the caves for fertilizer and selling it to a company in California. Artifacts started turning up in this cave and archeologists and professors from universities began showing up. This is when they found the tule duck decoys. He explained they put together a very efficient funding project. Mr. Moore told the committee to this day nothing like these decoys have ever been found anywhere in the world. He explained there were some tule reed geese found in Egypt, but the duck decoys found here are the oldest known decoys in the world. He explained they were preserved by the dry Nevada air, sealed off by bat guano and dry cave dust. He urged the committee with these facts to pass this bill. Chairman O'Connell called for a motion on this bill. SENATOR RAGGIO MOVED TO DO PASS S.B. 80. SENATOR PORTER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Chairman O'Connell opened the hearing on Senate Bill (S.B.) 23. SENATE BILL 23: Revises provisions governing power of eminent domain of City of Henderson. (BDR S-749) Kurt Fritsch, City of Henderson, spoke in favor of S.B. 23. He told the committee this bill is a one word change in the City of Henderson's charter. He explained this bill is really not an eminent domain issue. He stated the City of Henderson is proposing they include the use of eminent domain for acquiring property for parking and downtown parking structures. He emphasized this bill is the same proposal as North Las Vegas and Las Vegas have in their charter. He gave the committee cover sheets which show the cities in Nevada which are charter cities which permit the use of eminent domain for parking and downtown parking and those that prohibit that use (Exhibit C). He told the committee he does not know why cities prohibit eminent domain in their charters, but perhaps it has something to do with preserving small downtowns and the character of those downtowns. He stated in Exhibit C there are also some letters from downtown business owners and managers who support this bill. Mr. Fritsch told the committee the City of Henderson does not have a project they are looking at right now. He added they have purchased some property when it came up for sale, but they are not rushing to build a structure at this point-in-time. He explained they do have a need for parking down by the senior center which is close to the downtown business district so they are building parking there, but it is not a parking structure at this point. Chairman O'Connell asked how much of the area the City of Henderson is looking at and what percentage of the merchants on that street have endorsed that type of action. Mr. Fritsch stated the only response they have gotten is from the merchants who enclosed letters in Exhibit C. He explained some of these merchants sit on the Citizen's Advisory Committee and therefore they represent larger groups of individuals. He told the committee he does not have a poll to show how many are in support of this, but it is a very small area. He emphasized it is some old town site homes which back up to the cities senior center and to its new justice faciity. He reiterated it would not be condemning any commercial property downtown. Chairman O'Connell stated she realized condemning commercial property is not what the City of Henderson is looking at right now, but when the law is passed it could happen. She asked if there had been a public hearing on this issue. Mr. Fritsch stated all the charter changes coming before the legislature this session were heard at the city council. Chairman O'Connell asked what kind of participation the city had at these public meetings. Mr. Fritsch stated it was typical in Henderson, there was no public participation. Chairman O'Connell asked if there has been any kind of a letter which has gone out to the residents in the area the City of Henderson is looking at right now. Mr. Fritsch stated they had not sent a letter that he is aware of because he stated they are not interested in going out and condemning at this point in time. He explained this change in the statute is another tool to be able to use if they get to that stage. He reiterated to the committee, the City of Henderson has already picked up some of the parcels as they came up for sale. Senator Porter stated for the record: Senator O'Connell does host a weekly meeting with Henderson Chamber of Commerce and I do know that she has requested their input and from this date we have not heard from them, correct? So they are very aware from the Henderson's Chamber Legislative Subcommittee and there has not been a response. Mr. Fritsch stated that was correct. He explained some of these individuals also sit on the chamber and he has not heard anything from them. Senator O'Donnell asked if any of the individuals had been contacted, who own land the City of Henderson is interested in acquiring. Mr. Fritsch stated they had not contacted any individuals because they have not done anything with eminent domain in that area. He explained counsel has been reluctant to use that tool, but it has been used in some parts of Henderson for different reasons. He stated for parking they have been reluctant to use eminent domain, but would like to have that available to them as the other larger cities have. Senator O'Donnell stated he does not have constituents in the City of Henderson proper, but he does have some constituency in west Henderson and he is concerned about getting blindsided by a constituent who knew this bill was going to affect their property. Mr. Fritsch stated that was not the intent and he is not aware of any cases which would arise concerning west Henderson. Chairman O'Connell stated the words "eminent domain" bother her because they force individuals to sell their property and they do not have any choice in the matter. She asked Mr. Fritsch if it would be possible to contact the individuals in the area the City of Henderson is looking at initially and have those individuals either write or send a facsimile to her or any of the committee members their opinions and feelings about this issue. She explained she would feel more comfortable knowing the public's opinion on this issue. Chairman O'Connell asked Mr. Fritsch if he felt the residents in that area know Henderson is looking to expand the parking in their areas. Mr. Fritsch stated most of the property owners do not live on those sites. They are rental homes and that is how the city bought them. He told the committee he would try to contact those residents. Chairman O'Connell stressed she would feel easier if the City of Henderson would make the effort to contact these residents and get their input on this issue. She explained there has been a lot of trouble in the Las Vegas area over this issue. Senator Titus emphasized she does represent old downtown Henderson and while eminent domain may have been prohibited initially to save old downtowns, she feels right now they need the change to save old downtown Henderson. She explained without the ability to park in the downtown area, the businesses there would be greatly affected economically without some kind of parking facility. Chairman O'Connell closed the hearing on S.B. 23 and adjourned the meeting at 6:45 p.m.. RESPECTFULLY SUBMITTED: Tanya Morrison, Committee Secretary APPROVED BY: Senator Ann O'Connell, Chairman DATE: Senate Committee on Government Affairs January 26, 1995 Page