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 5:54 p.m., on Wednesday, February 22, 1995, in Room 119 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 R. O'Donnell Senator Dina Titus Senator Raymond C. Shaffer COMMITTEE MEMBERS ABSENT: Senator William J. Raggio (Excused) STAFF MEMBERS PRESENT: Dana Bennett, Senior Research Analyst Ricka Benum, Primary Secretary Teri J. Spraggins, Committee Secretary OTHERS PRESENT: Michael McGriff, American Pistol and Rifle Association John W. Riggs, Sr., Nevada State Pistol and Rifle Association Juanita Cox, People to Protect America Janine Hansen, State President, Nevada Eagle Forum Zachary Triggs, Citizen Ed Ylst, Nevada Farm Bureau BILL DRAFT REQUEST (BDR) 27-1434: Require award of contract for public work to contractor with lowest bid. SENATOR TOWNSEND MOVED TO INTRODUCE BDR 27-1434. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.) ***** 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 stated, due to a video conference problem, the Las Vegas audience could not receive picture or sound at the beginning of the meeting. She explained technicians were working on the problem and they should resolve it soon. She said the committee has heard approximately 5 hours of testimony in favor of S.J.R. 1. She announced the committee members were ready to vote on the bill, unless there was someone in the audience who felt compelled to testifying for or against S.J.R. 1. Mike McGriff, American Pistol and Rifle Association, testified in favor of S.J.R. 1. He gave a brief statement of the heritage of the constitution. He stated Nevada entered the union on an equal footing basis with the other states in the union. He declared if the state would not secure the rights of the people, the people would secure those rights themselves. John W. Riggs, Sr., Nevada State Rifle and Pistol Association (NSRPA), stated the NSRPA favors S.J.R. 1 . Juanita Cox, People to Protect America, testified in favor of S.J.R. 1. She presented a written statement to the committee (Exhibit C). Janine Hansen, State President, Nevada Eagle Forum, submitted a copy of the Colorado 10th Amendment resolution (Exhibit D). She mentioned the exhibit had additional legislation with it beyond the resolution. She remarked Colorado had developed legislation to deal with federal sanctions when the state refused to comply with laws that Colorado deemed as unconstitutional. She stated: A sovereignty resolution does not preclude the state from participating in any program they choose, but the proponent may no longer claim 'It's a federal mandate, we have to do it.' Each legislator in compliance with his or her oath of office must then examine closely, before passage, the constitutionality of any law being considered. Needless to say the federal government may be unimpressed with the statement of sovereignty, and attempt to impose economic sanctions on the state. In response to the economic sanctions that may be imposed when a state refuses to follow mandates, Colorado has a bill which establishes an escrow account of the federal money to stay in the state to help prevent the blackmail by the federal government with federal funds of the state that refuses to participate in mandates. Zachary Triggs, Citizen, stated he represented his generation. He asked the committee to pass S.J.R. 1 so his generation would not have to deal with the federal government, their mandates and the taxes those mandates would bring. Ed Ylst, Nevada Farm Bureau, stated he supported S.J.R. 1. Michael McGriff, American Pistol and Rifle Association, testified again. He quoted James Madison, "We ought, sir, to examine the constitution on its own merit solely. We ought to inquire whether it will promote the public happiness; its aptitude to produce this desirable object ought to be the exclusive subject of our present researches." He continued to quote James Madison, "Since the general civilization of mankind, I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments of those powers than by violent and sudden usurpations." Mr. McGriff informed the committee a vote just taken in Congress renders the 4th Amendment null and void. He stated the Ambassador of the United Nations recently signed the U.N. Child's Bill of Rights which is supposed to protect children. He asserted this document will tie the hands of parents. The Las Vegas teleconference audience asked Senator O'Connell which version of S.J.R. 1 would be voted on. Senator O'Connell explained the committee would be voting on S.J.R. 1 without the amendment. She stated Senator Rhoads withdrew his amendment at 11:30 a.m. on Wednesday, February 22, 1995. Elsie Dupree, Representative, Nevada Wildlife Federation, Inc., submitted a written statement to the committee. (Exhibit E.) She did not testify for or against S.J.R. 1 Dana Bennett, Senior Research Analyst, submitted a written statement to the committee. (Exhibit F.) SENATOR TOWNSEND MOVED TO DO PASS S.J.R. 1. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.) ***** The meeting adjourned at 6:11 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