MINUTES OF THE SENATE COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session June 30, 1995 The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 3:10 p.m., on Friday, June 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 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: Dale Erquiaga, Chief Deputy, Office of the Secretary of State Pat Coward, Lobbyist, Economic Development of Western Nevada Leola H. Armstrong, Executive Director, Common Cause Dean Heller, Secretary of State, State of Nevada Frances Doherty, Deputy Attorney General, Nevada Commission on Ethics, Office of the Attorney General Ande Engleman, Lobbyist, Freedom of Information Exhibit C is the work session document. Senator O'Connell opened the committee hearing with Assembly Bill (A.B.) 144. ASSEMBLY BILL 144: Revises provisions relating to cooperative agreements concerning insurance. Senator Townsend stated the amendment addresses his concerns. SENATOR TOWNSEND MOVED TO AMEND AND DO PASS A.B. 144 WITH AMENDMENT NO. 1473. SENATOR PORTER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS RAGGIO AND O'DONNELL WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on A.B. 144 and opened the hearing on A.B. 328. ASSEMBLY BILL 328: Provides annual period of enrollment during which certain retired public employees may join state's program of group insurance. Senator Townsend stated the intent of this bill is not the intent of A.B. 144. He said his previous question was how the individuals would be rated. He said the retired employee could join during open enrollment, could be rated separately, and could pay the total rates for their insurance. SENATOR SHAFFER MOVED TO DO PASS A.B. 328. SENATOR TITUS SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS RAGGIO AND O'DONNELL WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on A.B. 328 and opened the hearing on A.B. 506 ASSEMBLY BILL 506: Requires certain counties adopting any part of master plan to adopt housing plan. There was no discussion on the bill. SENATOR TITUS MOVED TO AMEND AND DO PASS A.B. 506 WITH THE CONFLICT AMENDMENT. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS O'DONNELL, RAGGIO AND TOWNSEND WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on A.B. 506 and opened the hearing on A.B. 619. ASSEMBLY BILL 619: Makes various changes to provisions governing elections to comply with National Voter Registration Act. Dale Erquiaga, Chief Deputy, Office of the Secretary of State, provided a section by section analysis of the amendments. He explained this is a federal mandate and was to be effective January 1, 1995. He said agencies of public assistance must, under federal law, provide voter registration assistance and forms to their clientele. He explained the amendment addresses two changes: how they maintain the lists; and how voters, who have moved within their counties, can vote. He said the bill contains nothing which is not related to the federal mandate. He said there is nothing optional in the bill. SENATOR TITUS MOVED TO AMEND AND DO PASS A.B. 619 WITH THE CONFLICT AMENDMENT. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS O'DONNELL, RAGGIO AND TOWNSEND WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on A.B. 619 and opened the hearing on A.B. 386 ASSEMBLY BILL 386: Provides for confidentiality of documents submitted to organizations for economic development formed by cities or counties. Pat Coward, Lobbyist, Economic Development of Western Nevada, explained all of the economic development authorities support this bill. He said the bill allows local authorities to keep initial records confidential if a client requests it during the initial exploratory period. SENATOR TOWNSEND MOVED TO DO PASS A.B. 386. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS O'DONNELL AND RAGGIO WERE ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on A.B. 386 and opened the hearing on S.B. 414. SENATE BILL 414: Makes various changes relating to public admin-istrators, public guardians and other fiduciaries. Senator O'Connell told the committee an amendment has arrived. The Assembly judiciary committee requested to amend the bill as a whole by adding a new designated section making the bill effective January 1, 1996. Senator Townsend stated the change allows time to notify all of the entities of the changes in the law. He said the extended time line would provide adequate notification time. SENATOR TOWNSEND MOVED TO CONCUR WITH THE ASSEMBLY AMENDMENT FOR S.B. 414. 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. 414 and opened the hearing on A.B. 517. ASSEMBLY BILL 517: Revises provisions governing reporting campaign contributions and expenses. Senator Titus asked for the federal definition of independent expenditure. She did not know if amending it into the bill would be appropriate. Senator Townsend stated that definition should be consistent with other state and federal expenditures. Mr. Erquiaga began with a section by section analysis of the bill and of the proposed amendments. He addressed Senator Titus's concern with sections 6 and 11 of the bill. He explained about the Independent Expenditure Report which is defined in Nevada Revised Statutes 294.8140. He continued his analysis of the bill and proposed amendments. Leola H. Armstrong, Executive Director, Common Cause, stated she would not address the threshold of the campaign contributions, but thanked the committee for their conciliatory offer. Senator Raggio stressed that he does not have a problem with the threshold. He stated he has a problem with the process. He opined that it favors the incumbents, and poses problems for challengers who are trying to raise funds. Ms. Armstrong reminded the committee of today's newspaper story regarding the alleged bribe. She asked the committee to examine how money is funneled through partisan pacts. She stressed the public has a right to know who is getting those enormous funds. She said the partisan pacts donated more than $1 million during the last campaign and that is too much money to not be disclosed. Dean Heller, Secretary of State, State of Nevada, commented there is a law that political caucuses must report their expenditures. He stated Senator Raggio was accurate when he stated that the Senate Republican Leadership Caucus is the only caucus that did disclose these reports. SENATOR RAGGIO MOVED TO HAVE THE AMENDMENTS DRAWN FOR A.B. 517 AND TO HAVE THE COMMITTEE REVIEW THEM AT A FLOOR MEETING ON THE NEXT DAY. SENATOR TOWNSEND SECONDED THE MOTION. Senator Porter asked if these amendments will include the definition of "personal use?" Senator Raggio stated the amendments will include that definition and the reports by the political caucuses. He stated they will still exclude the political parties. THE MOTION CARRIED. (SENATOR O'DONNELL WAS ABSENT FOR THE VOTE.) ***** Senator O'Connell closed the hearing on A.B. 517 and opened the hearing on A.B. 526. ASSEMBLY BILL 526: Makes various changes relating to commission on ethics. Frances Doherty, Deputy Attorney General, Nevada Commission on Ethics, Office of the Attorney General, provided copies of the amendment language (Exhibit D). Senator Townsend asked if Ms. Doherty would add language that would make other elected officials in Nevada follow the same requirements that the legislators have to follow. He stressed this is consistent in terms of disclosure. Ms. Doherty stated she has no expertise in lobbyist laws. She stated serious concerns if the Nevada Commission on Ethics were to be assigned to monitor and oversee lobbyists. Discussion of the burdens of the Nevada Commission on Ethics resulted. Ande Engleman, Lobbyist, Freedom of Information, offered to provide guidelines from the federal lobbyist law during the interim. She stated they could work on a bill draft and have it ready for the first day of the next session. Senator Raggio stated the proposed amendments are appropriate. He said he understands that the complaints are confidential until it has been determined that there is probable cause. Discussion of "compelling state interest" ensued. Senator Raggio requested that the amendments, with the changes discussed during the hearing, be drawn and brought back to the committee for review. Hearing no further testimony forthcoming on any of the bills, Senator O'Connell adjourned the committee meeting at 4:55 p.m. RESPECTFULLY SUBMITTED: Teri J. Spraggins, Committee Secretary APPROVED BY: Senator Ann O'Connell, Chairman DATE: Senate Committee on Government Affairs June 30, 1995 Page