MINUTES OF THE SENATE COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session May 18, 1995 The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 5:20 p.m., on Thursday, May 18, 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, Principal Research Analyst Teri J. Spraggins, Committee Secretary OTHERS PRESENT: Samuel P. McMullen, Lobbyist, Washoe Regional Water Planning Coalition Robert Hadfield, Executive Director, Nevada Association of Counties Ben Graham, Lobbyist, Nevada District Attorneys Association Bobbie Gang, Lobbyist, Elko Rural TV District Kurt Fritsch, Assistant City Manager, City of Henderson Kathryn McClain, Legislative Analyst, Clark County Terry Lamuraglia, Chief Legislative Representative, Clark County Personnel Department Ande Engleman, Concerned Citizen Carole Vilardo, Lobbyist, Nevada Taxpayers Association Senator O'Connell told the audience that the committee will not hear the election bills during this work session. She explained the committee has been asked to hold them until the next work session, May 25. She opened the hearing on Bill Draft Request (BDR) 48-1025. BILL DRAFT REQUEST 48-1025: Revise provisions regarding regional planning for water in Washoe County. Samuel P. McMullen, Lobbyist, Washoe Regional Water Planning Coalition, testified in favor of BDR 48-1025. He explained the Washoe Regional Water Planning Coalition consists of the City of Sparks, the City of Reno, Washoe County, and Sierra Pacific Power Company. He told the committee the coalition has developed a cooperative, comprehensive water plan for the area. SENATOR TOWNSEND MOVED FOR COMMITTEE INTRODUCTION OF BDR 48-1025. SENATOR RAGGIO SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS PORTER AND TITUS WERE ABSENT FOR THE VOTE.) ***** Mr. McMullen, acting as a lobbyist for the Commission on Tourism, asked the committee to request a bill draft be drawn up. He explained the Commission on Tourism has some statutes which need clarification. SENATOR SHAFFER MOVED TO ASK FOR A BILL DRAFT REQUEST. SENATOR TOWNSEND SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS PORTER AND TITUS WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell opened the hearing on Senate Bill (S.B.) 281. SENATE BILL 281: Prohibits adoption of rules or regulations for mobile home parks and recordation of deed restrictions for subdivisions which prohibit a person from displaying the flag of United States on his property. SENATOR SHAFFER MOVED TO DO PASS S.B. 281. SENATOR O'DONNELL SECONDED THE MOTION. Senator Townsend asked Senator O'Donnell to clarify the bill. He explained the bill deals with the ability to display a flag in a mobile home park, not the ability to build a flagpole in a mobile home park. Senator O'Donnell stated this bill will preclude anyone from putting this kind of ordinance in city or county regulations. THE MOTION CARRIED. (SENATORS PORTER AND TITUS WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on S.B. 281 and opened S.B. 407. SENATE BILL 407: Eliminates exception from competitive bidding process which was provided for purchase of insurance by local governments. (BDR 27-1434) Robert Hadfield, Executive Director, Nevada Association of Counties, requested the committee to indefinitely postpone this bill. He told the committee this bill would cause a great deal of difficulty for small rural counties. SENATOR TOWNSEND MOVED TO INDEFINITELY POSTPONE S.B. 407. 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. 407 and opened S.B. 414. SENATE BILL 414: Makes various changes relating to public admin-istrators, public guardians and other fiduciaries. Ben Graham, Lobbyist, Nevada District Attorneys Association, requested that the committee hold S.B. 414 until May 24. Senator O'Connell closed the hearing on S.B. 414 and opened S.B. 437. SENATE BILL 437: Increases number of users necessary for system which provides public with piped water to qualify as public water system. Dana Bennett, Principal Research Analyst, told the committee that they did not hear this bill as it conflicts with the federal safe drinking water act. Senator O'Connell told the committee this bill changed the number of people on a private water system from 25 to 51. She stated when checking the bill, they discovered that the bill was against federal law and the proponent of the bill withdrew it. SENATOR TOWNSEND MOVED TO INDEFINITELY POSTPONE S.B. 437. 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. 437 and opened the hearing on Assembly Bill (A.B.) 8. ASSEMBLY BILL 8: Authorizes creation of general improvement district to furnish facilities for certain radio transmission. Bobbie Gang, Lobbyist, Elko Rural TV District, asked the committee to hold the bill. She stated an amendment is in process because the bill has problems. The committee held the bill. Senator O'Connell closed the hearing on A.B. 8 and opened A.B. 22. ASSEMBLY BILL 22: Revises provisions regarding funding operation of state parks. SENATOR RAGGIO MOVED TO DO PASS A.B. 22. SENATOR TOWNSEND SECONDED THE MOTION. Discussion of park expenditures, park services, and a ceiling on the park fees ensued. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE. SENATOR O'CONNELL VOTED NO.) ***** Senator O'Connell closed the hearing on A.B. 22 and opened A.B. 44. ASSEMBLY BILL 44 Revises provisions governing forfeiture of annual leave by state employees. Discussion ensued regarding the purpose and intent of the bill. Ms. Bennett explained to the committee this bill would prevent employees, who approve their own leave time, from receiving payment 2 years in a row. She told the committee this bill would save the state approximately $19,000. SENATOR RAGGIO MOVED TO DO PASS A.B. 44. SENATOR TOWNSEND SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 44 and opened A.B. 267. ASSEMBLY BILL 267: Revises various provisions relating to land use planning. Senator O'Donnell proposed having the planning commissioners serve at the pleasure of the commission as a possible amendment. SENATOR O'DONNELL MOVED TO AMEND AND DO PASS A.B. 267. SENATOR SHAFFER SECONDED THE MOTION. Discussion regarding the amendment ensued. Kurt Fritsch, Assistant City Manager, City of Henderson, told the committee the Assembly rejected the proposed amendment during hearings for the bill. The committee decided not to amend the bill. SENATOR O'DONNELL WITHDREW HIS MOTION TO AMEND AND DO PASS A.B. 267. SENATOR SHAFFER WITHDREW HIS SECOND. SENATOR O'DONNELL MOVED TO DO PASS A.B. 267. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 267. She told the audience that the committee will not be taking up S.B. 56 because amendments to S.B. 291 will affect the committee's decision on S.B. 56 and the committee has chosen to hold the bill until they have heard the amendment. SENATE BILL 56: Revises provisions relating to collective bargaining between school districts and certain employee organizations. SENATE BILL 291: Revises provisions governing collective bargaining between local governments and their employees. Senator O'Connell opened A.B. 280. ASSEMBLY BILL 280: Makes various changes to provisions governing notaries public. Senator O'Connell told the committee there was no opposition to the bill. She stated it was a housekeeping bill suggested by the Office of the Secretary of State. SENATOR PORTER MOVED TO DO PASS A.B. 280. SENATOR TITUS SECONDED THE MOTION. Senator O'Donnell asked if the bill was a fee increase for the notaries public. Senator O'Connell told the committee it is not a fee increase, they moved the section regarding the fee from one part of the statute to another. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 280 and opened S.B. 456. SENATE BILL 456: Authorizes local government to establish certain funds for local financial administration. SENATOR PORTER MOVED TO DO PASS S.B. 456. SENATOR O'DONNELL SECONDED THE MOTION. There was no discussion on the bill or on the motion. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on S.B. 456 and opened A.B. 327. ASSEMBLY BILL 327: Authorizes leave of absence for certain public officers and employees to assist American National Red Cross during certain disasters. Senator O'Donnell asked if this bill applied to 13 people in the state. Senator O'Connell stated there are 300 people capable to conduct this work; however, only 13 of that 300 are state employees. SENATOR O'DONNELL MOVED TO DO PASS A.B. 327. SENATOR RAGGIO SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR O'CONNELL VOTED NO.) ***** Senator O'Connell closed the hearing on A.B. 327 and opened A.B. 346. ASSEMBLY BILL 346: Authorizes state industrial insurance to verify qualifications of persons with disabilities for certain state employment. (BDR 23-872) Senator O'Connell asked Senator Townsend if he wanted the committee to hold the bill until they knew the status of the rehabilitation bill that is currently in the Assembly. The committee decided to hold A.B. 346 because the bill will not be applicable if the Assembly passes the rehabilitation bill. ASSEMBLY BILL 358: Repeals provision authorizing general improvement district to furnish facilities for public schools. Senator Raggio asked for an explanation of the bill. Senator O'Connell stated no one showed up to testify for the bill. Carole Vilardo, Lobbyist, Nevada Taxpayers Association, testified this law came from an interim study on issues of the infrastructure. She said this provision was created in 1991 to allow, by vote of the people of Elko and Eureka counties, creation of a special school district for getting money from Eureka into Elko to take care of Elko's problems. There was a vote taken which was overwhelmingly defeated in Eureka and passed in Elko. The 1991 bill could not be used because of the provisions in the bill. She explained this provision would not be used at all, and this bill would repeal a law that cannot be used. SENATOR O'DONNELL MOVED TO DO PASS A.B. 358. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on A.B. 358 and opened A.B. 370. ASSEMBLY BILL 370: Revises provisions governing alternative procedure for creation of local improvement district. The committee decided to hold the bill for another week to obtain more information. Senator O'Connell closed the hearing on A.B. 370 and opened Assembly Joint Resolution (A.J.R.) 13. ASSEMBLY JOINT RESOLUTION 13: Proposes to amend Nevada constitution to provide for resolution of conflicts between certain amendments of statutes and constitutional provisions. Senator O'Connell explained this bill is needed. She told the committee about a situation that occurred during the last election where three versions of the same issue were on the ballot. Ms. Vilardo testified regarding how the resolution would work since there is nothing in the statute for procedures to handle situations such as this. SENATOR O'DONNELL MOVED TO DO PASS A.J.R. 13. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.J.R. 13 and opened S. B. 18 0. SENATE BILL 180: Revises duties of state public works board concerning conservation of energy in state buildings. Senator Titus told the committee the amendment states that rebates can be applied for if there is a possibility to get energy rebates. There was no further discussion on the bill. SENATOR TITUS MOVED TO AMEND AND DO PASS S.B. 180. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on S.B. 180 and opened S.B. 388. SENATE BILL 388: Authorizes adoption of ordinances to provide expedient means to remedy dangerous conditions on private property without notice to the owner under certain circumstances. (BDR 20-723) Kathryn McClain, Legislative Analyst, Clark County, told the committee the reason and rationale for the bill. She explained situations where this legislation would be needed. She explained this is another form of procedures. She stated, "The intent of the amendment to the current language is to allow us to immediately secure dangerous situations, abandoned buildings and things like that." A discussion of parameters of the bill ensued. Senator Raggio stated, "You have to set the parameters if you are going to do this alternative abatement procedure, there should be enough of this criteria expressed as a predicate to any ordinance that will guarantee that type of due process, but still meet the emergency situation so you don't have to go to court as you do under regular abatement procedures." The committee decided to hold the bill until further work can be completed on an amendment. Senator O'Connell closed the hearing on S.B. 388 and opened S.B. 427. SENATE BILL 427: Revises provisions governing public records which contain copyrighted material. Ande Engleman, Concerned Citizen, explained this bill is the result of concern from engineers whose work other engineers copy. She explained this amendment still provides access to the public where it is needed, but protects the proprietary information. SENATOR RAGGIO MOVED TO AMEND AND DO PASS S.B. 427. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on S.B. 427 and opened A.B. 137. ASSEMBLY BILL 137: Prohibits restraint of competition to purchase or lease county property. Terry Lamuraglia, Chief Legislative Representative, Clark County Personnel Department, explained this bill and amendment to the committee. He explained that he had spoken to several concerned entities. He stated they have all approved the amendment. SENATOR RAGGIO MOVED TO AMEND AND DO PASS A.B. 137. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 137 and opened S.B. 306. SENATE BILL 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 that the proponents of the bill had informed her that they wanted to withdraw the bill. Mr. Lamuraglia confirmed this information. SENATOR RAGGIO MOVED TO INDEFINITELY POSTPONE S.B. 306. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on S.B. 306 and opened A.B. 214. ASSEMBLY BILL 214: Authorizes Legislature to reject certain proposed administrative regulations. (BDR 18-437) Senator O'Connell told the committee that A.B. 214 conflicts with S.B. 277 which has already passed out of both houses and is waiting for the Governor's signature. SENATE BILL 277: Revises administrative procedure for adopting and amending administrative rules and regulations. Ms. Bennett explained to the committee that this bill came from an interim study. She stated Lorne Malkiewich, Director, Legislative Counsel Bureau, presented the bill and indicated there was a technical problem with the bill. She said it created an unending loop for constitutional officers in the submission of regulations. She noted the amendment dealt with that technical aspect. She stated the conflict arose meanwhile. She told the committee the substantive section is on page 2. She stated the new language will keep the existing process for regulations proposed by constitutional officers. A discussion ensued regarding the amendment. SENATOR RAGGIO MOVED TO AMEND AND DO PASS A.B. 214. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 214 and opened A.B. 286. ASSEMBLY BILL 286: Revises provisions governing contents of notice for proposed administrative regulations. Senator O'Connell explained there was a conflict amendment on A.B. 286 also. She stated they have already passed this bill out of the committee, but the bill has not been taken to the floor. She explained the amendment addresses the conflict. SENATOR RAGGIO MOVED TO RESCIND THE ACTION OF MAY 4 ON A.B. 286. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** SENATOR RAGGIO MOVED TO AMEND, WITH AMENDMENT NUMBER 533, AND DO PASS A.B. 286. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator O'Connell closed the hearing on A.B. 286 and adjourned the meeting at 6:40 p.m. RESPECTFULLY SUBMITTED: Teri J. Spraggins, Committee Secretary APPROVED BY: Senator Ann O'Connell, Chairman DATE: Senate Committee on Government Affairs May 18, 1995 Page