MINUTES OF THE meeting
of the
ASSEMBLY Committee on Government Affairs
Seventy-Second Session
May 15, 2003
The Committee on Government Affairswas called to order at 8:40 a.m., on Thursday, May 15, 2003. Chairman Mark Manendo presided in Room 3143 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Guest List. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Mr. Mark Manendo, Chairman
Mr. Wendell P. Williams, Vice Chairman
Mr. Kelvin Atkinson
Mr. Chad Christensen
Mr. Tom Collins
Mr. Pete Goicoechea
Mr. Tom Grady
Mr. Joe Hardy
Mr. Ron Knecht
Mrs. Ellen Koivisto
Mr. Bob McCleary
Ms. Peggy Pierce
Ms. Valerie Weber
COMMITTEE MEMBERS ABSENT:
None
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Susan Scholley, Committee Policy Analyst
Eileen O'Grady, Committee Counsel
JoAnn Aldrich, Committee Secretary
OTHERS PRESENT:
Randy Robison, representing the City of Mesquite
Patrick T.C. Smith, Legislative Advocate, Office of Administrative Services, City of Las Vegas
Senate Bill 6: Makes various changes relating to emergency management. (BDR 18-233)
Chairman Manendo asked the Committee to turn to S.B. 6, which was heard on May 12, 2003.
ASSEMBLYMAN HARDY MOVED TO DO PASS S.B. 6.
ASSEMBLYMAN GRADY SECONDED THE MOTION.
Assemblywoman Koivisto was concerned about the effect on the Governor’s budget. She wondered if they needed to worry about the funding. Chairman Manendo answered that it had been concurrently referred to the Assembly Committee on Ways and Means.
THE MOTION CARRIED UNANIMOUSLY.
Chairman Manendo turned the Committee’s attention to S.B. 78 (Exhibit C).
Senate Bill 78 (1st Reprint): Makes various changes relating to assistance to finance housing. (BDR 25-467)
Susan Scholley, Committee Policy Analyst, Legislative Council Bureau, stated that S.B. 78, in its first reprint, was heard by the Committee on April 25, 2003. The bill would authorize the Housing Division to issue letters of credit to finance residential housing, if at the time of issuance, the resident had a credit rating in one of the three highest categories of a nationally recognized credit rating agency. The measure also extended the bonding authority limit of the Housing Division from $2 billion to $5 billion. The Housing Division would also be able to acquire and develop information systems and was added to the list of agencies that were permitted to negotiate with Nevada’s Department of Information Technology.
At the hearing, concerns were expressed by Committee members about the deletion of the sunset date, currently set for July 1, 2003, in S.B. 552 of the 71st Legislative Session, which had also expanded the authority of the Housing Division. Ms. Scholley said a bill summary was attached to the work session documents that explained the authorities that were enhanced.
Ms. Scholley explained that, as an alternative to removing the sunset date, a six-year extension of the sunset date was proposed, which meant that the expanded authorities would expire on July 1, 2009. Although the Housing Division would prefer to have no sunset date, they indicated that a six-year extension would provide some additional flexibility and time to respond to changing market conditions, so the extension would be acceptable. There was no opposition, and no fiscal impact at the state or local government level.
Assemblyman Williams stated that the sponsors of the bill felt that a 2-year sunset provision was not enough time to conclude business; however, they had made good progress. The 6-year sunset provision would allow them time to advance their business programs.
ASSEMBLYMAN WILLIAMS MOVED TO AMEND AND DO PASS S.B. 78.
ASSEMBLYMAN HARDY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
Chairman Manendo assigned the bill to Assemblyman Williams to present on the Floor.
Senate Bill 103: Extends time county may lease real property of county to corporation for public benefit under certain circumstances. (BDR 20-831)
Chairman Manendo asked the Committee to turn their attention to S.B. 103.
Ms. Scholley said that S.B. 103, sponsored jointly by Senator Sandra J. Tiffany, Clark County District No. 5, and Assemblyman Bob Beers, Clark County District No. 4, with other assemblypersons, was heard by the Committee on May 8, 2003. The bill would extend the period of time for which a county commission could lease real property to a corporation for public benefit from 30 years to 99 years. At the hearing, Dr. Robert L. Horn testified to the Committee that he had submitted written testimony. The Committee asked for copies, and Ms. Scholley said that his written testimony was attached to the work session documents (Exhibit C). Dr. Horn represented the Las Vegas International Scouting Museum, and the main question was whether there was a specific piece of property in mind that had generated the bill. Dr. Horn’s written testimony spoke to that issue. There were no amendments, no opposition, and no fiscal impacts at the state or local government level.
Assemblyman Christensen said it was a good bill. Mr. Knecht agreed that Mr. Christensen was right.
ASSEMBLYMAN KNECHT MOVED TO DO PASS S.B. 103.
ASSEMBLYMAN CHRISTENSEN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
Chairman Manendo asked Mr. Knecht to back up Assemblyman Beers’ presentation on the Floor.
Senate Bill 447 (1st Reprint): Makes various changes relating to governmental financial administration. (BDR 31-302)
Chairman Manendo brought forward S.B. 447 and asked Ms. Scholley to summarize the bill’s status (Exhibit C).
Ms. Scholley said that S.B. 447, in its first reprint, was sponsored by the Senate Committee on Government Affairs on behalf of the State Treasurer, and was heard by this Committee on May 6, 2003. S.B. 447 clarified that a local government, including counties, cities, towns, boards, school districts, other districts, and any agency or department of a county or city which prepared a budget, could purchase securities for investment purposes, and could delegate authority to place money into lawful investments. The State Treasurer was authorized to establish a program to monitor the collateral maintained by depositories in the state. The measure set forth standards that the program had to require of each depository. The State Treasurer could levy a pro rata assessment against each depository, and the depository must pay the assessment within 45 days. The bill also gave the State Treasurer the authority to adopt regulations necessary to carry out those provisions.
Ms. Scholley said that, although no amendments were proposed at the hearing, the sponsor had agreed to accept amendments offered by the City of Mesquite regarding redevelopment revenues, formerly in the form of S.B. 424.
Ms. Scholley said a mock-up was attached to the work session documents (Exhibit C), and involved an amendment to NRS 279.676. Page 2 of the mock‑up showed the proposed amendment in blue italicized text, which limited the impact of the amendment to the City of Mesquite. She said that Randy Robison was present to answer questions about the amendment. There was no opposition to the bill or to the amendment, and no fiscal impact to local government. A fiscal impact was identified to state government, and for that reason the bill had been concurrently referred to the Committee on Ways and Means, and would need a two-thirds majority vote due to fees that were included in the bill.
Randy Robison, representing the City of Mesquite, stated that the amendment was originally S.B. 335, which was heard in Senate Government Affairs Committee, and then they attempted to add it to another redevelopment bill, S.B. 424. The Legal Department said that the amendment was more germane to this particular bill, because it dealt with local government finance issues. The proposed amendment would apply only to the City of Mesquite, and would allow that city to raise the existing cap on the redevelopment area from 15 percent to 20 percent, providing more flexibility for economic growth. This was a rural area of Clark County, but was growing rapidly, and the bill would help to support that growth. In discussions with the Legal Department, the population cap had been revised again down to 35,000, which would act as a natural sunset provision.
Chairman Manendo asked if he had discussed this amendment with the State Treasurer’s Office and with the Chairman of the Senate Committee on Government Affairs.
Mr. Robison answered yes to both.
ASSEMBLYMAN HARDY MOVED TO AMEND AND DO PASS S.B. 447.
ASSEMBLYMAN KNECHT SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
After a short recess, Chairman Manendo reconvened the Committee at 9:33 a.m.
Senate Bill 143 (1st Reprint): Revises provisions governing public administrators. (BDR 20-419)
Chairman Manendo turned to S.B. 143. The Chairman described the proposed amendment, which would keep Section 1 through line 12, remove lines 13-26, and remove the population cap, lines 4-5.
Assemblyman Goicoechea said for the record that he wanted to ensure that, in amending the bill and removing the population cap, counties without public administrators would not be affected.
Eileen O’Grady, Committee Legal Counsel, said she did not believe it would affect other counties because it only adjusted qualifications for an elected public administrator. If they did not have one, the bill did not require a public administrator to be elected.
Chairman Manendo said that would not be the intent of the bill, and Mr. Goicoechea agreed.
ASSEMBLYMAN McCLEARY MOVED TO AMEND AND DO PASS S.B. 143.
ASSEMBLYMAN GOICOECHEA SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
Chairman Manendo assigned the bill to Assemblyman McCleary to present on the Floor.
Senate Bill 444 (1st Reprint): Authorizes transfer of certain real property owned by State of Nevada to City of Las Vegas. (BDR S-517)
Chairman Manendo turned next to S.B. 444.
Assemblywoman Pierce said S.B. 444 would ensure that Floyd Lamb State Park remained a state park for passive recreational use only, which was what people wanted.
Ms. Scholley summarized the amendments. Clarifying language would be added to the effect that the state would not be precluded from awarding grants related to Floyd Lamb State Park to the city, by the terms of Section 1, lines 12-14. As Mr. Collins indicated, on page 2, line 3, the “or concurrent resolution” language would be removed, so that the name change would have to occur by changing the statute. Line 2 on page 2, the word “state” would be removed from the name of the park, since once it was transferred, it would no longer be a state park. Finally, a restriction would be added to Section 2 that would limit 620 acres of the state-owned land, not the Bureau of Land Management lease land, to passive use recreational activities.
Assemblyman Williams asked Ms. Scholley if the Las Vegas representatives favored those amendments.
Patrick Smith, Legislative Advocate, Office of Administrative Services, City of Las Vegas, said they were in agreement with all the amendments.
Assemblyman Christensen said that the neighborhood associations had wanted to preserve the rural aspects of the park for passive recreation, so that there were no softball fields, soccer fields, or tennis courts because every other park in the valley had those facilities. They wanted a place like Central Park in New York that was also designated for passive recreational use. Regarding the name change, he asked what the intent was for requiring legislative action.
Ms. Scholley deferred to Assemblyman Collins.
Assemblyman Collins said that legislation had been proposed in past years to revert the name to Tule Springs State Park, but it never passed. Many parks were named after individuals, and it had been an issue in that case, so it was reasonable to retain the provision in that it had to be changed by hard legislation.
Assemblywoman Koivisto wanted to echo Mr. Christensen’s thoughts about keeping Floyd Lamb State Park for passive recreation because she said that area of Las Vegas had “more courts than the rest of Las Vegas combined.”
Assemblyman Collins added that he had put in many hours as a member of the Floyd Lamb/Tule Springs Preservation Committee in the last few years. In discussion with the City of Las Vegas and with Clark County Parks and Community Services, the Master Plan would retain its rural character for passive recreational use, and perhaps expand the existing area. Floyd Lamb State Park was planned to become a gateway to 5,000 acres in the northwest area, which included a gun shooting range. They also planned to keep the barn.
ASSEMBLYMAN CHRISTENSEN MOVED TO AMEND AND DO PASS S.B. 444.
ASSEMBLYMAN COLLINS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
Chairman Manendo assigned S.B. 444 to Assemblyman Christensen with Assemblyman Collins as backup.
Chairman Manendo adjourned the meeting at 9:53 a.m.
RESPECTFULLY SUBMITTED:
JoAnn Aldrich
Committee Secretary
APPROVED BY:
Assemblyman Mark Manendo, Chairman
DATE: