MINUTES OF THE SENATE COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session May 4, 1995 The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 4:40 p.m., on Thursday, May 4, 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 STAFF MEMBERS PRESENT: Dana Bennett, Senior Research Analyst Teri J. Spraggins, Committee Secretary OTHERS PRESENT: Michael Pitlock, Director, Department of Taxation Tom Grady, Lobbyist, Nevada League of Cities Mark Balen, President, Professional Fire Fighters of Nevada Ben Graham, Attorney, Clark County District Attorneys Office Marvin Leavitt, Legislative Coordinator, City of Las Vegas Al Kramer, Concerned Citizen DeeAnn Parsons, Chief, Nevada State Energy Office Kathryn McClain, Legislative Analyst, Clark County The committee referred to its work session document (Exhibit C). Senator O'Connell opened the hearing on Assembly Bill (A.B.) 50. ASSEMBLY BILL 50: Authorizes medium-term financing for municipalities in lieu of short-term financing. (BDR 30-404) Senator O'Connell told Michael Pitlock, Director, Department of Taxation, that the committee had received his amendment. She asked him if he had seen the amendment proposed by the Assembly. Mr. Pitlock stated he had seen and approved the proposed changes. Senator O'Connell closed the hearing on A.B. 50 and opened the hearing on Senate Bill (S.B.) 291. SENATE BILL 291: Revises provisions governing collective bargaining between local governments and their employees. Tom Grady, Lobbyist, Nevada League of Cities, testified regarding S.B. 291 and told the committee they have been working with school personnel regarding language. He explained an amendment will be ready within a week. Mark Balen, President, Professional Fire Fighters of Nevada, stated during the 1991 session they revised this section of the Nevada Revised Statutes (NRS). He stated they have no problem with the current language and told the committee they do not believe the language in the proposed bill will affect their group. He added that he has not seen the proposed amendment and will require a copy of it before the hearing next week. Senator O'Connell closed the hearing on S.B. 291 and opened the hearing on Senate Joint Resolution (S.J.R.) 23 of the Sixty- seventh Session and Assembly Joint Resolution (A.J.R.) 19. SENATE JOINT RESOLUTION 23 OF THE SIXTY-SEVENTH SESSION: Proposes to amend Nevada constitution to authorize specifically legislative review of administrative regulation. (BDR C-39) ASSEMBLY JOINT RESOLUTION 19: Proposes to amend Nevada Constitution to authorize legislative review of administrative regulations. Senator O'Connell told the committee these two resolutions will allow the Legislature to review administrative regulations. She stated S.J.R. 23 of the Sixty-seventh Session was passed last session. SENATOR RAGGIO MOVED TO DO PASS S.J.R. 23 OF THE SIXTY- SEVENTH SESSION AND A.J.R. 19. SENATOR TOWNSEND SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS PORTER AND TITUS WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on S.J.R. 23 of the Sixty- seventh Session and A.J.R. 19 and opened the hearing on Senate Bill (S.B.) 183. SENATE BILL 183: Authorizes certain counties to enact certain ordinances. Senator O'Connell stated S.B. 183 has been in subcommittee and the decision of the subcommittee is to ask for an interim study. She told the committee a new bill draft will be required. SENATOR TOWNSEND MOVED TO INDEFINITELY POSTPONE S.B. 183. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS PORTER AND TITUS WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on S.B. 183 and opened the hearing on Assembly Bill (A.B.) 49. ASSEMBLY BILL 49: Revises provisions relating to alteration of boundaries of certain districts for support of public parks. Senator O'Connell explained an oversight in the boundaries for park districts required this bill. She stated the bill from last session enabled the park commissioners to change the park district lines to include taxpayers who had not voted on the bond issue. SENATOR RAGGIO MOVED TO DO PASS A.B. 49. SENATOR TOWNSEND SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR TITUS WAS ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on A.B. 49 and opened the hearing on A.B. 137. ASSEMBLY BILL 137: Prohibits restraint of competition to purchase or lease county property. Ben Graham, Attorney, Clark County District Attorney's Office, testified regarding A.B. 137. He explained the penalties outlined in the bill were sufficient. He stated the bill would enable them to successfully challenge or defeat occlusatory bids. SENATOR TOWNSEND MOVED TO DO PASS A.B. 137. SENATOR O'DONNELL SECONDED THE MOTION. Senator Raggio asked if this is for counties, why shouldn't the committee consider amending the bill to apply to cities also? Mr. Graham suggested they could amend this for the cities. Mr. Grady stated he feels it would work very well for the cities. SENATOR TOWNSEND WITHDREW HIS ORIGINAL MOTION. SENATOR O'DONNELL WITHDREW HIS ORIGINAL SECOND. SENATOR TOWNSEND MOVED TO AMEND AND DO PASS A.B. 137 TO INCLUDE LOCAL GOVERNMENT. SENATOR O'DONNELL SECONDED THE MOTION. Senator O'Donnell reminded the committee the section for the cities might be in a different chapter of the NRS. Senator Porter stated he supported the inclusion of local government in the bill. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 137 and opened the hearing A.B. 163. ASSEMBLY BILL 163: Authorizes community redevelopment agencies to issue bonds at discount. (BDR 22-686) The committee held no discussion of the bill. SENATOR RAGGIO MOVED TO DO PASS A.B. 163. SENATOR TOWNSEND SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 163 and opened the hearing on A.B. 164. ASSEMBLY BILL 164: Revises provision governing jurisdiction and authority of certain units of specialized law enforcement established by political subdivision. Marvin Leavitt, Legislative Coordinator, City of Las Vegas, explained to the committee that this is an amendment to a bill from 1993 which did not have the amendment attached to it. Everyone thought they had amended the bill but a conflict amendment was passed instead of the appropriate amendment. SENATOR O'DONNELL MOVED TO DO PASS A.B. 164. SENATOR TOWNSEND SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 164 and opened the hearing on A.B. 286. ASSEMBLY BILL 286: Revises provisions governing contents of notice for proposed administrative regulations. The committee did not discuss A.B. 286. SENATOR RAGGIO MOVED TO DO PASS A.B. 286. SENATOR TOWNSEND SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 286 and opened the hearing on A.B. 295. ASSEMBLY BILL 295: Revises certain limitations on investment of state money. (BDR 31-824) SENATOR RAGGIO MOVED TO DO PASS A.B. 295. Mr. Leavitt stated this bill works with investment of money from discounted bonds. Senator O'Connell stated this establishes the actual cost of the item. Senator Raggio explained this limits the types of lawful investments of the state. He said there was a laundry list in the existing law, and this bill clarifies that the investment cannot exceed 20 percent of the total par value. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 295 and opened the hearing on A.B. 357. ASSEMBLY BILL 357: Defines "veteran" for purposes of provisions governing preference points for veterans in competitive examinations for state employment. (BDR 23-876) Senator O'Connell stated this provides a definition of "veterans" because there are so many claims that this bill qualifies the categories of veterans. SENATOR RAGGIO MOVED TO DO PASS A.B. 357. SENATOR TOWNSEND SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 357 and opened the hearing on A.B. 171. ASSEMBLY BILL 171: Authorizes use of straw and solar energy under building codes. Senator Raggio asked if this bill mandates amendment of building codes by local governments. He questioned if there is a concern about this kind of construction in areas where there is high seismic activity. Senator Shaffer stated if the construction meets the requirements of the uniform building code, the construction would be allowed. Al Kramer, Concerned Citizen, stated the local government uniform building codes are punitive sometimes causing cost- prohibitive construction restraints. Senator Shaffer stated there was no way to stop local jurisdictions from amending their uniform building codes to require stricter standards. Senator O'Donnell suggested that experimental construction for straw and solar energy homes could be amended into the law. He stated the reason for the uniform building codes is to guarantee safe, quality construction. Mr. Kramer told the committee he did not want innovative technology to be penalized. He testified that he lived in a home made of Styrofoam. The committee decided to hold the bill to address these concerns. Senator O'Connell closed the hearing on A.B. 171 and opened the hearing on S.B. 56. SENATE BILL 56: Revises provisions relating to collective bargaining between school districts and certain employee organizations. Senator O'Connell told the committee that amendments are pending for this bill. She closed the hearing on S.B. 56 and opened the hearing on S.B. 84. SENATE BILL 84: Increases compensation of various public officers. Senator O'Connell told the committee this bill is still in the subcommittee. She closed the hearing on S.B. 84 and opened the hearing on S.B. 180. SENATE BILL 180: Revises duties of state public works board concerning conservation of energy in state buildings. Senator Titus stated she is ready to go forward with the bill. She said Senator Townsend had requested a delay to work on it. She explained they have reduced the bill to just dealing with rebates and to establish in the statute the existence of the energy office. She told the committee it does not create any new positions, or new costs, it just puts it in the statutes. Senator Townsend stated section 3 of the bill needs to be looked at during and interim study, or given to the finance committee so that a long-term analysis can be completed. He stated a small investment of money would substantially reduce the amount of energy costs in every state building. He stated there has been evidence to support this, but they have never plugged it into the budget. He stated economic return for such a small investment must be considered. Senator Titus stated she would like to have the bill pass to establish the section regarding rebates and the establishment of the energy office in the statute. Senator Raggio asked if the creation of a state energy office was a new amendment to the bill or if it conforms with the original bill. Senator Titus stated there is an appropriation bill in the finance committee which looks like it is not going anywhere. She explained when they drafted that bill, this information was added in that bill. She told the committee it could easily have gone in any of the energy bills from this session. She stated the energy office portion was added to this bill to establish an office in the statutes. Senator Raggio asked how it could be added without the money to finance it. Senator Titus responded it is all in the budget and is paid for. She emphasized this bill will just recognize it in the statutes. She told the committee it was under the reorganization from last session, but had not been formally recognized. She stated that is the intent of this portion of the amendment. Senator Raggio asked if this part of the amendment was added after the committee had approved the drafting of the amendment? Senator Titus explained the interim energy committee had many bill draft requests. She stated one of them was an omnibus bill where all the miscellaneous items were added, including the recognition of the state energy office. She stated if the omnibus bill fails, this amendment to S.B. 180 would allow for recognition of the state energy office. She said, "It has nothing to do with appropriation. These people already exist. They just are not in the statute." Senator Raggio asked, "Well, who pays them?" DeeAnn Parsons, Chief, Nevada State Energy Office, stated, "I am DeeAnn Parsons, Chief of the state energy office, the unofficial name." She provided copies of her business card to show that their organization has no name. "We are all paid by federal funds at the moment, senator. As you may recall, we discussed the S.B. 179. The appropriation is to help us with the federal funds. At the moment we are all completely federally funded. During reorganization, we fell through a crack and we exist, but we really do not have a name. That is what this portion of this is for, just to . . . give us a name." Senator Raggio stated this is beyond what the committee agreed upon when they agreed to have an amendment drafted. He stated if they are going to put the state energy office in the statute, whether it has been created before, he has to check with the fiscal division. He requested that the committee hold the bill until he has time to address the concerns. Senator Titus stated, "I put it in there because I knew the amendment was coming back to the committee. It is not something that I was trying to sneak through. Because there was no appropriation involved, I feel the recognition should be there. Since this committee did the same thing for the Office of the Secretary of State with the Elections Division, I felt it would appropriate." Senator Raggio stated when an agency is created, there has to be a budget, whether it is all federally funded or not. He stated he would take a look at it. Senator O'Connell closed the hearing on S.B. 180 and opened the hearing on S.B. 291. SENATE BILL 291: Revises provisions governing collective bargaining between local governments and their employees. Senator O'Connell stated that amendments for the bill will be forthcoming. She closed the hearing on S.B. 291 and opened the hearing on S.B. 294. SENATE BILL 294: Creates Las Vegas Valley Ground Water Replenishment District. Senator O'Connell asked Dana Bennett, Principal Research Analyst, if amendments had been drawn for this bill. Ms. Bennett responded they are still working on an amendment. Senator O'Connell closed the hearing on S.B. 294 and opened the hearing on S.B. 306. SENATE BILL (S.B.) 306: Authorizes city or county to allow certain public agencies to charge and collect fees for expenses incurred in providing certain services. Senator O'Connell told the committee amendments were pending. She stated the amendment which had been drawn did not express the intent of the committee and they had returned it to the bill drafter. She closed the hearing on S.B. 306 and opened the hearing on S.B. 370. SENATE BILL 370: Eliminates certain provisions regarding disposition of money received by agencies, departments and institutions of the state. (BDR 31-1971) Ms. Bennett told the committee this amendment deletes the phrase requested by the Office of the State Treasurer and adds the phrases requested by the Office of the State Controller. SENATOR TOWNSEND MOVED TO AMEND AND DO PASS S.B. 370. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on S.B. 370 and opened the hearing on S.B. 388. SENATE BILL 388: Authorizes adoption of an ordinance to provide expedient means to remedy dangerous condition on private property without notice to the owner under certain circumstances. (BDR 20-723) Kathryn McClain, Legislative Analyst, Clark County, stated amendments would be forthcoming. Senator O'Connell closed the hearing on S.B. 388 and opened the hearing on A.B. 18. ASSEMBLY BILL 18: Expands area around polling place where electioneering or solicitation of votes is prohibited. (BDR 24-1001) Senator O'Connell told the committee that they are holding this bill. She closed the hearing on A.B. 18 and opened the hearing on A.B. 48. ASSEMBLY BILL 48: Provides for establishment of funds for extraordinary repair, maintenance or improvement of certain buildings of local government. (BDR 31-402) Senator O'Connell told the committee this bill was heard May 3, 1995 and language for amendments to the bill had been received May 4, 1995. The amendment will contain collective bargaining language. The committee discussed the language and proposed amendment. The committee decided to hold the bill pending having the amendment drawn up. Mr. Leavitt told the committee he agrees with their interpretation. Senator O'Connell closed the hearing on A.B. 48 and opened the hearing on A.B. 43. ASSEMBLY BILL 43: Clarifies authority of officer or employee of Federal Government to enforce state laws and exercise powers of peace officer in Nevada. (BDR 23-219) Senator O'Connell told the committee Assemblyman Carpenter is working with Sheriff Keller on a proposed amendment. The committee decided to hold the bill. Senator O'Connell closed the hearing on A.B. 43 and reopened the hearing on A.B. 50. Senator O'Connell explained the language provided by Mr. Pitlock, had an additional change by the Assembly. She stated they do not have the change written into the amendment. Ms. Bennett stated that the threshold in paragraph A, $100,000, should only apply to counties with a population greater than 100,000 and for the smaller counties, the threshold should be $50,000. Mr. Leavitt stated he saw the amendment and agreed that it makes sense. He explained when leases are drawn up for copy machines or computers and small items, neither large or small counties will be able to use this financial obligation without notification to the Department of Taxation. Senator O'Connell responded that Mr. Pitlock wanted this bill to close a loophole which he felt would have been helpful to bring attention to the financial situation of White Pine County. She stated this is the bill to accomplish that, because it fits into the NRS code that he wants to amend. Mr. Leavitt reminded the committee that White Pine County School District did not go through the correct procedures for obtaining short-term financing and when they were called to task for this, they immediately called this kind of financing "leases." He stated the same obligation still exists whether it is a "lease" or short-term financing. Senator O'Connell told the committee if they approve the language, the amendment will be drawn up. The committee chose to have the amendment drafted. Senator O'Connell closed the hearing on A.B. 50 and opened the hearing on A.B. 214. ASSEMBLY BILL 214: Authorizes Legislature to reject certain proposed administrative regulations. (BDR 18-437) Senator O'Connell stated they had not received the amendment on A.B. 214 yet. The committee decided to hold the bill. Senator O'Connell closed the hearing on A.B. 214 and adjourned the committee 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 May 4, 1995 Page