MINUTES OF THE SENATE COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session March 30, 1995 The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 4:40 p.m., on Thursday, March 30, 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 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 Teri J. Spraggins, Committee Secretary OTHERS PRESENT: Kathryn McClain, Legislative Analyst, Clark County Ande Engleman, Executive Director, Nevada State Press Association Ben Graham, Legislative Representative, Nevada District Attorneys Association Terry Lamuraglia, Chief Legislative Representative, Clark County Personnel Department Marvin Leavitt, Legislative Coordinator, City of Las Vegas Carole Vilardo, Lobbyist, Nevada Taxpayers Association Michelle Gamble, Lobbyist, Nevada Association of Counties Kurt Fritsch, Assistant City Manager, City of Henderson BILL DRAFT REQUEST 20-383: Makes county medical, financial, and social service client records confidential. Kathryn McClain, Legislative Analyst, Clark County, requested committee introduction of Bill Draft Request (BDR) 20-383. She stated the social services department of Clark County requested this bill draft request to ensure confidentiality of certain records. She explained it also protects confidentiality of the public administrator and public guardian. Senator O'Connell asked Ms. McClain to explain the extent of the bill. Ms. McClain replied as case records become more involved with different family records, those records should not be open to just anyone in the family. She stated it is to protect the working papers of the social services agency. Ande Engleman, Executive Director, Nevada State Press Association, testified that certain statutes in the law protect the confidentiality of the records. She stated she is confused by the intent of this bill draft request. The committee posed several questions to Ms. McClain who was unable to answer to the full satisfaction of the committee. The committee decided to hold the bill draft request until additional testimony can be received. Senator O'Connell closed the hearing on BDR 20-383 and opened the hearing on Senate Bill (S.B.) 180. SENATE BILL 180: Revises duties of state public works board concerning conservation of energy in state buildings. (SCR 35) The committee discussed the possible amendment included in their work session documents. SENATOR TITUS MOVED TO HAVE THE AMENDMENT DRAWN UP. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS RAGGIO AND TOWNSEND WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on S.B. 180 and opened the hearing on Senate Bill (S.B.) 82. SENATE BILL 82: Provides that unlicensed employees of school districts have sufficient community of interest to negotiate as separate bargaining unit. (BDR 23-650) SENATOR O'DONNELL MOVED TO INDEFINITELY POSTPONE S.B. 82. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS RAGGIO AND TOWNSEND WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on S.B. 82 and opened the hearing on Senate Bill (S.B.) 56. SENATE BILL 56: Revises provisions relating to collective bargaining between school districts and certain employee organizations. (BDR 23-651) Senator O'Donnell explained the amendment for S.B. 56. He stated he feels the amendment is fair and reasonable for all concerned entities. He explained to the committee when state funds are used in private negotiations, then the negotiations should be held in an open forum. He assured the committee that no public testimony would be taken during these open meetings for contract negotiation. SENATOR O'DONNELL MOVED TO DRAW UP THE AMENDMENT. SENATOR PORTER SECONDED THE MOTION. Senator O'Connell reminded Senator O'Donnell a meeting would have to be posted on the proposed amendment, as it has only been seen in the subcommittee and no testimony has been received regarding it. Senator Titus stated she opposes the amendment and the bill and would be voting against both. She emphasized to the committee she is against open meeting negotiations and singling out the teaching profession. Senator O'Connell asked if the bill only affects the teachers? Senator O'Donnell stated the bill will affect anyone whose salary is funded by state dollars and conducts contract negotiations. THE MOTION FAILED. (SENATORS SHAFFER AND TITUS VOTED NO. SENATORS TOWNSEND AND RAGGIO WERE ABSENT FOR THE VOTE.) The committee decided to hold the bill for further study and testimony. Senator O'Connell closed the hearing on S.B. 56 and opened the hearing on Senate Bill (S.B.) 84. SENATE BILL 84: Increases compensation of various public officers. (BDR 17-1078) Senator O'Connell stated Senator Raggio requested the committee hold this until the subcommittee finishes it work. Senator O'Connell closed the hearing on S.B. 84 and opened the hearing on S.B. 182. SENATE BILL 182: Authorizes informal interim leasing of property acquired for public work. The committee discussed the possible amendment included in their work session documents. SENATOR O'DONNELL MOVED TO HAVE THE AMENDMENT DRAWN. SENATOR PORTER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS RAGGIO AND TOWNSEND WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on S.B. 182 and opened the hearing on Senate Bill (S.B.) 184. SENATE BILL 184: Authorizes public guardian to secure property of proposed ward under certain circumstances. (BDR 20-384) Ben Graham, Legislative Representative, Nevada District Attorneys Association, explained the necessity for this bill. He stated in some cases of guardianship, expediency is required. He told the committee there needs to be a standard by which a public administrator would step into guardianship cases. He reminded the committee there was concern regarding the length of guardianship and the liability of guardianship. He said it is usual procedure for oral affidavits or amendments to be given over the phone for exploratory search warrants. He stated these oral affidavits are followed up in court on the next judicial day with a written affidavit establishing what was in the oral testimony. He reviewed the proposed amendments with the committee. The committee questioned Mr. Graham regarding the temporary guardianship portion of the bill. He answered the questions to the best of his knowledge. It was the decision of the committee to hold S.B. 184 pending further testimony. Senator O'Connell closed the hearing on S.B. 184 and opened the hearing on Senate Bill (S.B.) 185. SENATE BILL 185: Revises procedures governing reconveyance, sale or exchange of certain land acquired by county. Senator O'Connell asked Dana Bennett, Senior Research Analyst, what the result would be of this law. Ms. Bennett stated the bill would eliminate subsection 2 and add a phrase into section 1 at line 4. She read the proposed amendment to the committee. The committee read and discussed the proposed changes. Senator Porter stated he has concerns regarding the removal of language regarding the planning commission hearing. Terry Lamuraglia, Chief Legislative Representative, Clark County Personnel Department, explained the new language to the committee. He stated the new owner is required to go before the planning commission, but the old owner is not. SENATOR PORTER MOVED TO HAVE THE AMENDMENTS DRAWN UP. Discussion ensued. Senator O'Donnell asked the committee to look at the scenario where an individual's front yard is acquired for eminent domain condemnation. He asked the committee to consider what happens later if the property is not needed. He reminded the committee the property is condemned, and purchased from the owner. He emphasized to the committee property cannot be sold if it is to be reconveyed. He said reconveyance is when the property passes from one owner to another owner. He said with the existing law, the property could be purchased, not used, and then reconveyed back with no charge to the original owner. He stressed this parcel of land cannot be sold. If the original owner agrees to reconvey the land, it cannot be sold. The money paid for eminent domain is lost. He told the committee the language and bill need to be fixed. Marvin Leavitt, Legislative Coordinator, City of Las Vegas, agreed with Senator O'Donnell's assertion. SENATOR PORTER WITHDREW HIS MOTION. Senator O'Donnell stated the current law allows somebody to take some land, not need it, and be unable to dispose of it because the original owner wants it back, but does not want to pay for it. He stressed the land either has to be reconveyed or held because it cannot be sold to anyone else. Ms. Bennett read the reconveyance language in the law to the committee. Senator O'Donnell responded the language in subsection 4 is incongruent with the language in subsection 1. Mr. Leavitt stated there is a conflict in the law with the proposed language. He explained there have been problems in the past with this very law. The city may want to reconvey land back to the previous owner, who does not want to refund the money paid for the land nor pay to get the land back. He said it merits review by the legal counsel. Kurt Fritsch, Assistant City Manager, City of Henderson, responded to a request from Senator O'Connell to explain the bill, "I have no input." Senator O'Donnell requested the committee give Clark County personnel time to read the proposed language and offer new amendments. Mr. Lamuraglia stated he would work with Mr. Leavitt on a new amendment. Senator O'Connell closed the hearing on S.B. 185 and opened the hearing on S.B. 190. SENATE BILL 190: Requires establishment of program for rental by state agencies of surplus equipment and property. Senator O'Connell reminded the committee a fiscal note is pending for this bill. The committee chose to hold the bill until an amended fiscal note can be presented. Senator O'Connell requested Ms. Bennett send a memo to Senator Jacobsen requesting the fiscal note. Senator O'Connell closed the hearing on S.B. 190 and opened the hearing on Senate Bill (S.B.) 225. SENATE BILL 225: Makes various changes relating to Airport Authority of Washoe County. Senator Townsend noted for the record he would abstain from a vote on this bill due to a conflict of interest. His firm works with the Airport Authority of Washoe County. The committee discussed the possible amendment included in their work session documents. SENATOR SHAFFER MOVED TO HAVE THE AMENDMENT DRAWN UP. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE. SENATOR TOWNSEND ABSTAINED FROM THE VOTE.) ***** Senator O'Connell closed the hearing on S.B. 225 and opened the hearing on Senate Bill (S.B.) 248. SENATE BILL 248: Revises provisions regarding approval by general obligation bond commission of certain types of municipal funding. Mr. Leavitt stated the first amendment relates to the current situation in White Pine County. He stated the county received approval to issue debt. They have gone through the process and it has been approved by the voters. The General Obligation Bonding Commission has approved it. He stated they have issued some of the debt, but not all of the debt. He stated 36 months have lapsed since the approval process. He explained this amendment says the entity involved cannot issue the remainder of the debt unless they have met the filing requirements and prove they have the ability to pay the debt. He stated changing conditions since the time of the original approval are the rationale for this bill. He reminded the committee if this bill had been in effect 3 years ago, White Pine County would not be in its current financial straits. Mr. Leavitt stated the next portion of the law relates to the open meeting law. He said there is a portion of the bill which refers to the entire open meeting law. He said the next portion of the amendment addresses the conflict of language in the existing law. He explained the existing law states, "The commission shall not undertake to determine whether the purpose for which debts are proposed is a public purpose and meets the public need." He read another passage of the existing law, "The public need is to be served by the proceeds of the proposed debts." Mr. Leavitt continued to explain the amendments to the committee, "If the information provided indicates a proposal will result in a combined property tax rate in the overlapping entities within the county exceeds 90 percent of the limit [the $3.64 tax cap] then the public need is considered." He stated if it looks like a county is getting close to the $3.64 cap, then competing issues are examined for public need. He emphasized this addresses the competing issues in a county. Carole Vilardo, Lobbyist, Nevada Taxpayers Association, stated this is an extension of the debt management plan of last session. She reminded the committee last session there were several issues in Clark County which required funding. She stated with the debt management criteria they are working on, competing issues will determined by public purpose. Senator O'Donnell announced to the committee he heard on the radio that the county government of White Pine County is coming to the Legislature for an additional appropriation to bail them out. Michelle Gamble, Lobbyist, Nevada Association of Counties, provided the committee with the rationale. She stated the county notified her that they do not have enough money left in their indigent budget to make their 50-50 match program payment to the state for long-term care patients. She explained the concern is if they do not make that payment, the entire 50-50 match program will cease to exist for the entire state. She added that Lyon County is experiencing financial difficulties also and the committee needs to be aware of this. SENATOR TOWNSEND MOVED TO HAVE THE AMENDMENTS DRAWN UP. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on S.B. 248 and opened the hearing on Senate Bill (S.B.) 265. SENATE BILL 265: Requires percentage of amount appropriated or authorized for certain public works for construction or renovation of state buildings to be allocated for works of art for such buildings. Senator Titus asked the committee to hold the bill. Senator O'Connell closed the hearing on S.B. 265 and opened the hearing on Senate Bill (S.B.) 277. SENATE BILL 277: Revises administrative procedure for adopting and amending administrative rules and regulations. Senator O'Connell reminded the committee this is the amendment to a bill from last session and an amendment has been proposed. The committee discussed the possible amendment included in their work session documents. SENATOR PORTER MOVED TO HAVE THE AMENDMENT DRAWN UP. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on S.B. 277 and opened the hearing on Senate Bill (S.B.) 279. SENATE BILL 279: Authorizes special assessment for maintenance, repair or improve ment of local improve ment project s. Senator O'Donnell requested the committee hold the bill for further testimony. Senator O'Connell closed the hearing on S.B. 279. The meeting adjourned at 5:30 p.m. RESPECTFULLY SUBMITTED: Teri J. Spraggins, Committee Secretary APPROVED BY: Senator Ann O'Connell, Chairman DATE: Senate Committee on Government Affairs March 30, 1995 Page