MINUTES OF THE SENATE COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session February 2, 1995 The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 6:00 p.m., on Thursday, February 2, 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 William J. Raggio Senator William R. O'Donnell Senator Dina Titus Senator Raymond C. Shaffer COMMITTEE MEMBERS ABSENT: Senator Jon C. Porter (Excused) STAFF MEMBERS PRESENT: Dana Bennett, Senior Research Analyst Tanya Morrison, Committee Secretary OTHERS PRESENT: Terry Lamuraglia, Lobbyist, Clark County Chairman O'Connell opened the meeting with introduction of Bill Draft Request (BDR) 20-161. BILL DRAFT REQUEST 20-161: Allows counties the option of a county charter form of government. Terry Lamuraglia, Lobbyist, Clark County, told the committee this bill would make possible an urban county charter. He explained with the growth in Clark County and many other counties in the state, the local government requires a dramatic change in the scope and type of services provided by the local governments including Clark County. SENATOR O'DONNELL MOVED FOR COMMITTEE INTRODUCTION OF BDR 20-161. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS PORTER, RAGGIO AND TOWNSEND WERE ABSENT FOR THE VOTE.) ***** Chairman O'Connell closed the hearing on BDR 20-161 and opened the hearing on Bill Draft Request (BDR) 20-384. BILL DRAFT REQUEST 20-384: Gives public guardian authority to secure and protect property of proposed wards until completion of proceedings for appointment as guardian. Mr. Lamuraglia outlined this BDR for the committee. He explained this request comes from the Clark County Public Administrator. He told the committee this bill was requested because of the financial exploitation of individuals, especially seniors. He elucidated there are third parties moving in physically to seniors' residences and it is impossible under the present laws to remove them in a timely manner. He explained the inability to remove an exploiter from the residence gives the exploiter more time to work on the senior and take more of the seniors' assets. He pointed out the same rationale is also true for the mentally handicapped and developmentally disabled clients. Mr. Lamuraglia told the committee that being able to remove possible exploiters from the premises and securing assets prior to receiving court documents gives the state the edge in protecting the senior from exploitation. He stated, at the present time, the only direct method in protecting a senior from overt exploitation is to call upon the Metropolitan Police Department's Abuse and Neglect Detail. SENATOR O'DONNELL MOVED FOR COMMITTEE INTRODUCTION OF BDR 20-384. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS PORTER, RAGGIO AND TOWNSEND WERE ABSENT FOR THE VOTE.) ***** Chairman O'Connell closed the hearing on BDR 20-384 and opened the hearing on Bill Draft Request (BDR) 20-528. BILL DRAFT REQUEST 20-528: Changes method of reconveyance, sale or exchange of land donated, dedicated or condemned for public purpose. Mr. Lamuraglia told the committee this BDR is requested due to the problems associated with trying to reconvey property to someone who is no longer in an ownership situation with adjacent land to the property being reconveyed. He explained in a recent situation, Clark County has been trying to dispose of some of the property that has been acquired for public works purpose and the individual or company who owned the parcel no longer owns adjacent property. He clarified this situation made it a cumbersome requirement to hunt down the previous owners and get a letter from them, stating they no longer have an interest in the parcel and do not desire to repurchase the property, before the county could go forward under existing law. Mr. Lamuraglia told the committee the changes proposed in this bill draft, if the previous owner desires to reacquire the land they may do so if they still own adjacent land. He emphasized the land will be sold at a fair market value as set by an appraisal. He stressed if the individuals did not own adjacent land, however, the property would not be offered to them exclusively, but they would have the opportunity to bid for the land under Nevada Revised Statutes (NRS) 244.282. SENATOR O'DONNELL MOVED FOR COMMITTEE INTRODUCTION OF BDR 20-528. SENATOR TITUS SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) ***** Chairman O'Connell closed the hearing on BDR 20-528 and opened the hearing on Bill Draft Request (BDR) 28-701. BILL DRAFT REQUEST 28-701: Makes change concerning management of property acquired as right of way for public works project. Mr. Lamuraglia explained BDR 28-701 to the committee. He pointed out many public works projects involve the acquisition of properties, whether improved or vacant, that are capable of generating revenues during the period between acquisition and project construction. He stated these revenues will lower project costs and can also be used to maintain or protect the acquired assets. He told the committee if funds are made available through exterior maintenance, in the case of residential areas, it could help preserve the integrity of the neighborhood until the project court order is cleared and the improvements are sold for relocation and reuse. SENATOR RAGGIO MOVED FOR COMMITTEE INTRODUCTION OF BDR 28-701. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) ***** Chairman O'Connell closed the hearing on BDR 28-701 and opened the hearing on Senate Bill (S.B.) 21. SENATE BILL 21: Removes preference for local contractors in awarding contracts for public works projects. Senator Raggio stated this bill has been of some concern to the committee members with previous in-depth discussion. He concluded changes made in this bill would not be beneficial at this time even though the present law does provide the preference for local contractors. He pointed out the present bill is probably not perfect and somewhat arbitrary, but he stated he does not have a better suggestion to make. SENATOR RAGGIO MOVED TO INDEFINITELY POSTPONE S.B. 21. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) ***** Chairman O'Connell closed the hearing on S.B. 21 and opened the hearing on Senate Bill (S.B.) 22. SENATE BILL (S.B.) 22: Revises provisions concerning list of subcontractors that must be included in bid for public works project. Senator O'Donnell defined this bill as a shortsighted attempt to try and save the purchasing departments some money. He stated on the long side they may be hurting themselves. He emphasized everyone wants to see the lowest price for the best product, but he expressed concern this bill may not be the vehicle to get to that end. SENATOR O'DONNELL MOVED TO INDEFINITELY POSTPONE S.B. 22. SENATOR TOWNSEND SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) ***** Chairman O'Connell closed the hearing on S.B. 22 and opened the hearing on Senate Bill (S.B.) 23. SENATE BILL 23: Revises provisions governing power of eminent domain of City of Henderson. Chairman O'Connell stated the City of Henderson Chamber of Commerce supports S.B. 23 and the changes to the city charter. SENATOR TITUS MOVED TO DO PASS S.B. 23. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) ***** Chairman O'Connell closed the hearing on S.B. 23 and opened the hearing on Senate Bill (S.B.) 124. SENATE BILL 124: Prohibits deduction from salaries of state employees for service as volunteer emergency medical technicians during working hours. SENATOR RAGGIO MOVED TO DO PASS S.B. 124. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) ***** Chairman O'Connell closed the hearing on S.B. 124 and opened the hearing on Senate Bill (S.B.) 83. SENATE BILL 83: Eliminates fees for copying certain documents. The committee members were given copies of proposed amendments (Exhibit C), from Dean Heller, Secretary of State. Senator Raggio asked Chairman O'Connell if there was any opposition to the amendment other than section D. She told the committee there was no opposition testimony on any other part of Exhibit C. Senator Raggio stated there have been persuasive arguments made on both sides of this issue. He pointed out it was difficult to weigh the arguments given without weighing also the personalities involved in this issue. He emphasized a case had been made for a situation which could occur whereby the Secretary of State's Office could need their own counsel, but he concurred it would not be wise to give carte blanche authority to contract otherwise for legal counsel, except with respect to the elections division. He explained if an issue arose which would appear to be a conflict, he would be in favor of giving the secretary of state authority to contract otherwise for legal services, but limited to matters involving the elections division. He told the committee if they adopt the amendment they are creating an elections division under section B. Senator Titus stated she originally voted for this amendment, but after hearing the arguments by the attorney general, she changed her mind. She emphasized she supports all the parts of the amendment except section D. She pointed out it could be detrimental to allow other constitutional officers to start hiring their own attorneys. She emphasized section D is for political reasons, not good sound policy reasons, and she insisted it would bring increased cost to the state so she is opposed to section D. SENATOR RAGGIO MOVED TO ADOPT THE PROPOSED AMENDMENTS IN EXHIBIT C INCLUDING THE FIRST TWO PARAGRAPHS OF THE AMENDMENTS EXCEPT SECTION D. SENATOR TOWNSEND SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) ***** SENATOR RAGGIO MOVED TO AMEND S.B. 83 FURTHER TO PROVIDE IN MATTERS INVOLVING ELECTIONS WITHIN THE ELECTIONS DIVISION, IF THERE IS AN APPEARANCE OF CONFLICT OF INTEREST, THE SECRETARY OF STATE WOULD BE AUTHORIZED OTHERWISE TO CONTRACT FOR SERVICES FOR LEGAL COUNSEL. SENATOR O'DONNELL SECONDED THE MOTION. Chairman O'Connell pointed out to the committee members the motion made by Senator Raggio is not to adopt section D as seen in Exhibit C, but a new amendment altogether. Senator Raggio stated he did not have the new language for this amendment, but it would essentially state, if an issue arises pertaining to elections and within the purview of the elections division the secretary of state would, as an alternative, have the right to contract for services of an attorney as needed for any assistance in administering his duties. He emphasized that would not preclude him from using the attorney general, but if a conflict arises, in the secretary of state's opinion, he would have the right to contract for legal services. THE MOTION CARRIED. (SENATORS SHAFFER AND TITUS VOTED NO, SENATOR PORTER WAS ABSENT FOR THE VOTE.) ***** Chairman O'Connell instructed Dana Bennett, Senior Research Analyst, to write the amendment based on the committee's vote for the approval of the committee members. Chairman O'Connell closed the hearing on S.B. 83 and adjourned the meeting at 6:30 p.m. RESPECTFULLY SUBMITTED: Tanya Morrison, Committee Secretary APPROVED BY: Senator Ann O'Connell, Chairman DATE: Senate Committee on Government Affairs February 2, 1995 Page