MINUTES OF THE SENATE COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session February 22, 1995 The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 2:01 p.m., on Wednesday, February 22, 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 Jon C. Porter Senator William J. Raggio Senator William R. O'Donnell Senator Raymond C. Shaffer COMMITTEE MEMBERS ABSENT: Senator Randolph J. Townsend, Vice Chairman (Excused) Senator Dina Titus (Excused) GUEST LEGISLATORS PRESENT: Senator Dean A. Rhoads STAFF MEMBERS PRESENT: Dana Bennett, Senior Research Analyst Teri J. Spraggins, Committee Secretary OTHERS PRESENT: Ken Hopkins, Citizen M. T. (Ike) Yochim, Independent American Party (I.A.P.) Doug Busselman, Executive Vice President, Nevada Farm Bureau Brendan Trainor, Washoe County Libertarian Party Janet Anderson, Executive Director, Nevada Christian Coalition James Hertz, Chairman, Douglas County American Pistol and Rifle Association Larry H. Larsen, Nevada State Chairman, American Pistol and Rifle Association SENATE JOINT RESOLUTION (S.J.R.) 1: Claims sovereignty of State of Nevada over all powers not enumerated and delegated to Federal Government by Constitution of the United States. Senator O'Connell explained to the audience the first hearing of S.J.R. 1 was held in Las Vegas on February 9, 1995, and was teleconferenced to Carson City. Senator O'Connell stated people testified that evening regarding the proposed amendment to S.J.R. 1. She said during the meeting in Las Vegas the meeting for February 22 had been set for 2:00 p.m. for S.J.R. 1. She expressed because there was confusion regarding the amendment, constituents in Las Vegas wanted to testify to the amended version of the bill, which could only be accomplished via teleconferencing. Senator O'Connell related the only time Room 119 would be available on February 22 was at 5:30 p.m. She conveyed when the senators returned from Las Vegas, the meeting was rescheduled for 5:30 p.m. She continued to say Janine Hansen mailed a bulletin to 700 people talking about a 2:00 p.m. meeting for February 22. Ms. Hansen did not know about the amendment nor was she aware of the change in the meeting schedule. Senator O'Connell explained the committee members wanted to hold the meeting originally scheduled for 2:00 p.m., in case some of the audience could not attend the 5:30 p.m. meeting. Senator Raggio arrived 2:10 p.m. Senator Rhoads testified regarding the history of S.J.R. 1. He read a written statement to the committee (Exhibit C). He remarked about 10 states have passed state sovereignty resolutions. He read paragraph 2, lines 6, 7 , 8, 9 and 10 of S.J.R. 1 to the audience: Resolved that this resolution serves as a notice and demand to the federal government as the agent of the State of Nevada to cease and desist immediately the enactment and enforcement of mandates which are beyond the scope of the enumerated powers delegated to the Federal Government by the Constitution of the United States. He stated he is withdrawing the amendment to the resolution because of the concern regarding it. He reported other legislation would come before this committee and other committees that addresses the issues he is concerned with and will put muscle behind S.J.R. 1. Senator Shaffer arrived at 2:20 p.m. Senator O'Connell stated there are currently 14 states who have enacted state sovereignty resolutions and 45 states (which includes the previously mentioned 14) which are looking at the issue. She explained several bills will be coming up which will put "teeth" into the way the state handles mandates from the federal government. Ken Hawkins, Citizen, testified in favor of S.J.R. 1 (Exhibit D). He stated until Nevada could eliminate the Emergency Powers Act on the national level, the states would not be able to totally operate as free states. M. T. (Ike) Yochim, Independent American Party (I.A.P.), asserted I.A.P. fully supports the resolution. He said he is concerned about constitutional amendments because they suggest the constitution is defective somehow. He stated some of the amendments which have been added have diluted the original intent and purpose. He proposed any suggestions to amend the constitution be carefully examined. He reiterated the constitution simply needs to be obeyed. Doug Busselman, Executive Vice President, Nevada Farm Bureau, read from the Nevada Farm Bureau 1995 policies, page 26, paragraph 1 (Exhibit E) "Nevada Farm Bureau supports action by the state legislature supporting the 10th Amendment to the U.S. Constitution." He stated the Nevada Farm Bureau feels the resolution is an excellent one. He urged the committee to pass the resolution. He ended his testimony by stating the Nevada Farm Bureau looks forward to testifying on upcoming bills which would support the resolution. Brendan Trainor, Chairman, Washoe County Libertarian Party, testified in support of S.J.R. 1. He spoke regarding the land and territory of which the federal government is given direct control. He said the federal courts have not wanted to address public land management. He asserted there is a movement afoot to create a new constitution. He stated there is worry that a Constitutional Convention would replace the old constitution with new language. Janet Anderson, Executive Director, Nevada Christian Coalition, testified in favor of S.J.R. 1. She expressed the Christian Coalition believes sovereignty should remain in the hands of the people and the states. She declared the federal government has overstepped their constitutional bounds. She said it is important to reaffirm states rights. She expounded the Christian Coalition is against a constitutional convention. Senator Raggio stated he favors a balanced budget amendment and feels a limited constitutional convention would provide a way to amend the constitution in that area. Ms. Anderson replied she was pleased to hear Senator Raggio is in favor of the balanced budget resolution because the Christian Coalition supports it. James Hertz, Chairman, Douglas County American Pistol and Rifle Association (DCAPRA) testified in support of S.J.R. 1 by reading a written statement (Exhibit F). He stated DCAPRA is concerned about the passage last week by the United Nations of the Child's Bill of Rights and now a proposal in House Resolution 197 to basically abolish the constitution and enact the United Nations Bill of Rights. Senator O'Connell defined that a resolution is not a law. She explained it is sent expressing Nevada's voice to the Congress of the United States. She explained the importance of S.J.R. 1 is that 45 states are going to send this same message to the United States. She stated at a state level the upcoming laws will give "teeth" to S.J.R. 1. Larry H. Larsen, Nevada State Chairman, American Pistol and Rifle Association, testified in support of S.J.R. 1. He said the constitution is supposed to be the supreme law of the land. He stated if a law does not agree with the constitution, then it should not be a law. The meeting adjourned at 2:42 p.m. RESPECTFULLY SUBMITTED: Teri J. Spraggins, Committee Secretary APPROVED BY: Senator Ann O'Connell, Chairman DATE: Senate Committee on Government Affairs February 22, 1995 Page