MINUTES OF THE
SENATE Committee on Government Affairs
Seventy-second Session
May 26, 2003
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 2:46 p.m., on Monday, May 26, 2003, in Room 2149 of the Legislative Building, Carson City, Nevada. The meeting was videoconferenced to the Grant Sawyer State Office Building, Room 4412, 555 East Washington Avenue, Las Vegas, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Senator Ann O'Connell, Chairman
Senator Sandra J. Tiffany, Vice Chairman
Senator William J. Raggio
Senator Randolph J. Townsend
Senator Warren B. Hardy II
Senator Dina Titus
Senator Terry Care
GUEST LEGISLATORS PRESENT:
Assemblywoman Christina R. Giunchigliani, Assembly District No. 9
STAFF MEMBERS PRESENT:
Robert E. Erickson, Research Director
Michael Stewart, Committee Policy Analyst
Scott Wasserman, Committee Counsel
Olivia Lodato, Committee Secretary
OTHERS PRESENT:
Dr. Jane A. Nichols, Chancellor, System Administration Office, University and Community College System of Nevada
Thalia M. Dondero, Board of Regents, University and Community College System of Nevada
Lucille Lusk, Lobbyist, Nevada Concerned Citizens
Janine Hansen, Lobbyist, Nevada Eagle Forum
Joe Crowley, Sierra Nevada Baseball
Bruce Breslow, Sierra Nevada Baseball
Branch Rickey, President, Pacific Coast League
Ricky Rees, Vice President of Development, Southwest Sports Group
Shaun D. Carey, Lobbyist, City of Sparks
Dan Gustin, Sierra Nevada Baseball
Jim DeVolld
Robert A. Ostrovsky, Lobbyist, Hertz Corporation
Bill Gregory, Lobbyist, Enterprise Rent-A-Car
Dan Musgrove, Lobbyist, Clark County
Rocky Finseth, Lobbyist, Washoe County
Fred L. Hillerby, Lobbyist, Sun Valley General Improvement District
Renee Parker, Chief Deputy Secretary of State, Office of the Secretary of State
Chairman O’Connell opened with Assembly Joint Resolution (A.J.R.) 11.
ASSEMBLY JOINT RESOLUTION 11 (1stReprint): Proposes to amend Nevada Constitution to provide for election of certain members and gubernatorial appointment of certain members of Board of Regents, and to specify number and terms of members. (BDR C-18)
Robert E. Erickson, Research Director, Research Division, Legislative Counsel Bureau (LCB), said Assemblywoman Giunchigliani had requested he make the introductory statement for A.J.R. 11. He stated the staff of LCB was neutral and did not have a position on the proposed legislation. Mr. Erickson said the proposal would provide a constitutional amendment changing the composition of the Board of Regents. He said A.J.R. 11 would put provisions for the criteria for the Board of Regents into the Nevada Constitution. The proposal would change the number of regents from 13 members to 9 members, he said. The law would provide one member from each of the current Nevada congressional districts. The Governor would appoint the remaining six members of the Board of Regents. The Governor would have a list of considerations to be applied to his appointments to the Board of Regents. Mr. Erickson stated the resolution also provided, by law, for the Legislature to define the qualifications and duties of the members of the Board of Regents. The measure would also provide for the Governor and Legislature to arrange for staggered terms of the elected and appointed members of the board so that an equal number of terms would expire every 2 years. The proposal also provided for 4-year terms of office instead of the current 6‑year terms of office. The constitutional amendment would need to be approved in the 2003 Legislative Session, the 2005 Legislative Session, and be put on the ballot in 2006. He said the resolution would become effective in January 2008. (Exhibit C. Original is on file in the Research Library.)
Dr. Jane A. Nichols, Chancellor, System Administration Office, University and Community College System of Nevada, said the Board of Regents had taken an official position on A.J.R. 11. She stated the vice president of the board, Thalia Dondero, would present the board’s position.
Thalia M. Dondero, Board of Regents, University and Community College System of Nevada, said the Board of Regents’ position was to keep the Board of Regents as currently structured with 13 members elected by the public. She said the current number of members was a good mix of backgrounds and public opinions. Ms. Dondero said the board represented the rural areas as well as the urban areas. She said the people she had spoken to had expressed their desire to elect their representatives.
Lucille Lusk, Lobbyist, Nevada Concerned Citizens, said she had more confidence in the election process than in political appointments. Ms. Lusk said her organization did not believe political appointments meant there would be better qualified regents. Ms. Lusk said it was possible for the Legislature to establish some qualifications for some elected positions.
Janine Hansen, Lobbyist, Nevada Eagle Forum, said there appeared to be a large number of bills this session that changed qualifications to make elected offices more difficult for the people to participate in choosing their own officials. She opposed the bill because it was not in the best interests of the people of Nevada. She said in her experience appointed officials did not respond to the concerns of the public in the same manner as an elected official. She said A.J.R. 11 would create huge districts, making it more difficult and expensive to campaign for office. Ms. Hansen said she was concerned about some of the qualifications suggested as requirements for appointed board members. She said elections would allow a better opportunity for full representation of all interested parties. Ms. Hansen said there was more accountability for elected officials than appointed officials, who never had to talk to the voters or respond to the voters’ needs.
Assemblywoman Christina R. Giunchigliani, Assembly District No. 9, said she believed it was time to change the manner in which the regents interacted with one another and set policy. She said A.J.R. 11 was the second bill introduced concerning the Board of Regents. This bill was a mix of elected and appointed board members. She said some candidates in Nevada had spent over $100,000 to be elected to a nonpaying board. The bill was introduced to look at different policy ways to interact among board members, she said. Ms. Giunchigliani said she believed a smaller sized board would assist in better communication and the resolution of issues among board members. She said the bill would also limit the terms to 4 years rather than the current 6-year terms.
Senator Titus said she was not concerned about elected versus appointed board members. She agreed the size of the board should be reduced. She also approved of reducing the term of office.
Chairman O’Connell closed the hearing on A.J.R. 11 and opened the hearing on Senate Bill (S.B.) 497.
SENATE BILL 497: Authorizes imposition of fee on rental cars and issuance of revenue bonds in certain counties to finance minor league baseball stadium. (BDR 20-1356)
Joe Crowley, Sierra Nevada Baseball, said he was a volunteer with the organization and the group was trying to bring AAA baseball to Northern Nevada. The group was interested in developing a property at the Sparks Marina for the stadium. He said the stadium would be a key to economic redevelopment. Mr. Crowley said the goal of his organization was to build a state-of-the-art stadium, which would be fan and family friendly.
Bruce Breslow, Sierra Nevada Baseball, said he had prepared a legislative packet for the committee. (Exhibit D. Original is on file in the Research Library.) He said a press release included in the packet described the plan to fund AAA baseball in Northern Nevada. He said there were four components to funding the stadium. Mr. Breslow said the main component would be a rental car surcharge. He said there would be a $1 ticket surcharge, negotiated rent from the team, and the fourth component would be a contribution package of land and parking from the City of Sparks. Mr. Breslow said the stadium was not a government‑sponsored project, it was a community and economic development project. He said money generated by the project would be returned to the Sparks redevelopment district, not the Sparks general fund.
Senator Raggio said he wanted to offer background and comments on the project. He said the baseball stadium was not just for Washoe County. He said the Reno-Sparks area had minor league baseball in the past, but it was always single A baseball. Senator Raggio said other successful baseball franchises had “class A stadiums.” He said the potential for additional real property tax and sales tax income was exceedingly high. Senator Raggio said he supported this measure. He also said every member of the Washoe delegation was asked if they would support S.B. 497, and all the members supported the bill.
Senator Care asked Mr. Breslow where the team would come from for the Reno program. He also referenced Cashman Stadium’s team, the Stars. He asked if there was a commitment from a team before the stadium had been built. He said his questions involved a need for background information.
Mr. Breslow stated there were 30 major league teams, and thus 30 AAA teams. He said each team had an AAA affiliation. He said specific teams could not be mentioned at this time as it would be considered tampering with an existing team located in another area. He said the median attendance was projected to be 6000 people. Mr. Breslow said the initial attendance was expected to spike up in the beginning and then level out.
Senator Tiffany said she heard from northern Nevadans that tourism was on the decline and there was competition from other gaming establishments in other states. She asked why the group had picked a tourist-based tax. She also wanted to know the percentage of taxes on rental cars at this time. She said in Las Vegas the tax rate was very high on rental cars. She asked Mr. Breslow what percentage was being proposed to add to rental car taxes. Mr. Breslow said 2 percent was the proposed increase.
Senator Tiffany said she assumed since the tax was enabling, the county commissioners could not come up with another mix of taxes. Mr. Breslow said the organization had guaranteed the commissioners the only tax they were looking at was the rental car tax. Senator Tiffany said she was also concerned about attendance. She mentioned attendance had dropped for baseball in Las Vegas.
Branch Rickey, President, Pacific Coast League, said his organization believed AAA baseball could be successful in Reno. He said there was a franchise team available that was being considered for relocation to Reno. He said there had been a renaissance in AAA baseball in the last 12 to 15 years. Mr. Rickey said the growth in popularity could be attributed to new facilities. The new stadiums were inviting to the public. He said AAA baseball would bring another valuable dimension to the Reno area.
Senator Raggio asked what average attendance would be required to make the proposal feasible. Mr. Breslow responded 6000 people were projected as the required number of people in attendance.
Senator Hardy told Mr. Rickey that Branch Rickey, Mr. Rickey’s grandfather, had been a hero of Senator Hardy’s. He said he read the grandfather’s biography as a teenager and it had a profound effect on Senator Hardy’s life.
Ricky Rees, Vice President of Development, Southwest Sports Group, said his group was involved in the development of sports facilities and the development of commercial real estate that surrounded sport facilities. He said his organization was committed to the project and the development of the stadium and the surrounding real estate.
Shaun D. Carey, Lobbyist, City of Sparks, spoke in support of S.B. 497. He said the city of Sparks would benefit from the creation of the facilities.
Dan Gustin, Sierra Nevada Baseball, said he was in involved in the Washoe Youth Foundation which had controlled single A baseball when it was in Reno. Mr. Gustin said the facilities and upgrades of the stadium were needed to draw people to the ballpark. He said a new state-of-the-art facility would be a big plus for the success of baseball in the area.
Jim DeVolld spoke in favor of S.B. 497. He said there were many fringe benefits for youth and families generated by a baseball stadium. He asked for the committee’s support of the bill.
Robert A. Ostrovsky, Lobbyist, Hertz Corporation, said he was not anti-baseball. He said rental car fees in Las Vegas in concession fees and taxes were 26.75 percent of the rental car cost. He said Hertz’s position concerning minor league baseball was it was not a draw for out-of-town traffic. He said a AAA ball field would not drive new revenue for Hertz Corporation. He said the tax would be applied countywide in Washoe County. Mr. Ostrovsky said a large percentage of the tax would be paid by Washoe County citizens through their automobile insurance. He said the rental car industry had objected to the fees to their business. He said Alamo, National, and Budget rental car agencies were all in bankruptcy. Mr. Ostrovsky said it was a difficult time for the tourist industries.
Bill Gregory, Lobbyist, Enterprise Rent-A-Car, said S.B. 497 was a very worthwhile enterprise. However, his company also wanted to state that the 27 to 28 percent tax was a concern to them.
Senator Raggio asked what percentage of the current fees was returned to the rental car businesses. Mr. Ostrovsky said rental car companies received approximately 3.5 percent returned to the rental car agencies from the taxes and fees.
Senator Care asked about a bill that allowed companies to recover the expenses through the fare. Mr. Ostrovsky said Assemblyman Parks’ bill was to ratify the way tax was collected and distributed.
Chairman O’Connell closed the hearing on S.B. 497 and reopened the discussion on A.J.R. 11.
Senator Raggio said the issues in A.J.R. 11 had been debated for the past 2 decades. He said he thought the bill deserved to be put on the ballot for the people to decide if they liked the present system or if there should be changes. He said Nevada was the only state that elected a board of regents to govern higher education. He said it was a matter for the voters to decide whether or not they wanted to amend the constitution. Senator Raggio said some of the regents could remain as elected officials with the remaining number to be appointed. He said at least three of the regents could be elected from the congressional districts and the Governor could then appoint the remaining four or five regents. Senator Raggio said he would not support the current version of A.J.R. 11 which would embed in the constitution all the specific qualifications or items mandated for the Governor. He said he supported the idea of a generic bill, which would provide for the election of some of the regents with the remaining members to be appointed by the Governor. Senator Raggio said he would delete all the details as too cumbersome to be put into the constitution.
SENATOR RAGGIO MOVED TO AMEND WITH THE DELETION OF ALL THE LIMITATIONS PLACED ON THE GOVERNOR TO APPOINT REGENTS AND DO PASS A.J.R. 11.
SENATOR TIFFANY SECONDED THE MOTION.
Senator Titus said she believed some direction for governors was important. She also said the combination of elected and appointed regents would make the board more divided and more difficult to get a consensus of opinion.
Senator Raggio suggested instead of electing all the regents at least one regent could be appointed from each congressional district, or all of the regents could be appointed.
Senator Titus responded she would prefer to elect all the regents, but limit the term and the number of regents.
Senator Care said last session the number of regents was increased, but the membership of the Board of Education was reduced by one. Senator Care said he was fundamentally opposed to appointed representatives as opposed to elected ones. He said he was also concerned there were too many regents at this time.
Senator Townsend asked if the motion was to amend and do pass the bill by removing subsection 5, or if there was a change during the discussion.
Scott Wasserman, Committee Counsel, said subsection 7 of the bill stated the Legislature would provide for the qualifications of the members of the Board of Regents. He asked the committee if the qualifications set forth in subsection 5 were deleted, did the committee intend to leave the provisions in subsection 7 in the bill. Senator Raggio replied the provisions in subsection 7 would remain in the bill.
Senator Townsend asked if subsections 5 and 6 were being removed. Mr. Wasserman said subsection 5 would be deleted, subsection 7 would remain in the bill in order for the Legislature to provide for qualifications of the members by statute, and subsection 6 would remain as written.
Senator Raggio said subsection 7 would also have to be removed from the bill. He said the Legislature should not be setting the qualifications for the board members.
Mr. Wasserman said the deletions would then include subsection 5 and that part of subsection 7 that goes toward the Legislature setting forth qualifications for regents would be deleted.
Senator Townsend said previous problems with the board appeared to be the inability to communicate and build consensus due to a lack of understanding of the budget process. Senator Townsend suggested standards could be raised to include some understanding of financial expertise. He said qualifications for board members should not be in the question about the constitutional change, but he said the Legislature often set certain qualifications for boards.
Senator Townsend stated he would support the motion if it were the consensus of the committee.
Senator Care asked if it was possible to create two questions from a resolution such as this one. One question would address the issue of appointment versus election of the board members and the second question would deal with reducing the number of regents on the board. He asked if it had to be a single ballot question.
Chairman O’Connell said she believed two questions would not be a problem.
Senator Care said he was in favor of reducing the number of regents on the board, and reiterated he preferred the regents be elected.
Mr. Wasserman said he believed it would have to become a separate resolution if the questions were to be split. He said resolutions were not subject to deadlines. He stated he could draft a separate resolution to address the issue of appointments.
Senator Raggio said the majority of the members of the Board of Regents wanted to keep the number at 13 regents. He said when the number was reduced to 9 there was very little opportunity for anyone to be elected who was not from southern Nevada. Senator Raggio said he would not support bifurcating the resolution.
THE MOTION CARRIED. (SENATOR TITUS VOTED NO.)
*****
Chairman O’Connell reopened the discussion on S.B. 497.
SENATOR RAGGIO MOVED TO DO PASS S.B. 497.
SENATOR TOWNSEND SECONDED THE MOTION.
Senator Tiffany said she was voting against the bill. She said she was uncomfortable with the rental car tax as a base for funding the stadium. She said it was important to know who the team would be and it was not possible due to confidentiality to determine at this time what team would be relocated to the Reno area.
Senator Care said he would vote in the affirmative, however, he said he might change his vote on the floor. Senator Care stated he preferred to read the materials provided ahead of time and would have to review the handouts now.
THE MOTION CARRIED. (SENATOR TIFFANY VOTED NO.)
*****
Chairman O’Connell opened the work session with S.B. 19.
SENATE BILL 19 (2nd Reprint): Makes various changes relating to advertising and awarding contracts for certain smaller public works projects. (BDR 28-409)
Chairman O’Connell said S.B. 19 was a consensus bill from the construction industry, the counties, and the cities. She said the Assembly deleted the information the Senate Government Affairs Committee had inserted as it pertained to the Nevada Department of Transportation (NDOT). She said the new language concerned placing bid information back into sections 2, 3, and 4.
Senator Hardy said he had talked to NDOT and the Governor’s Office concerning the amendment. He said he would not have a problem concurring with the amendment.
SENATOR HARDY MOVED TO CONCUR WITH AMENDMENT NO. 809 TO S.B. 19.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 78.
SENATE BILL 78 (2nd Reprint): Makes various changes relating to assistance to finance housing. (BDR 25-467)
Chairman O’Connell said S.B. 78 was a Housing Division bill. The Senate Government Affairs Committee had removed the sunset provision and the Assembly put the sunset provision back into the bill and extended it to 2009.
SENATOR TOWNSEND MOVED TO CONCUR WITH AMENDMENT NO. 735 TO S.B. 78.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 112.
SENATE BILL 112 (2nd Reprint): Makes various changes to provisions relating to Secretary of State. (BDR 18-557)
Chairman O’Connell said the Assembly removed direct cost from the bill and inserted actual costs incurred by the office. She said her only concern was the actual costs could not be superceded with an arbitrary number.
Senator Townsend asked if the secretary of State had objected to the amendment, and Chairman O’Connell said he had not objected to it.
SENATOR TOWNSEND MOVED TO CONCUR WITH AMENDMENT NO. 873 TO S.B. 112.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 143.
SENATE BILL 143 (2nd Reprint): Revises provisions governing public administrators. (BDR 20-419)
Chairman O’Connell said education and work experience were added to the bill and the population cap was deleted.
SENATOR TOWNSEND MOVED TO NOT CONCUR WITH AMENDMENT NO. 737 TO S.B. 143.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 144.
SENATE BILL 144 (2nd Reprint): Makes various changes relating to Division of State Parks of State Department of Conservation and Natural Resources. (BDR 35-493)
Chairman O’Connell said S.B. 144 was the parks bill. She said the Assembly restored the 10 percent administrative cost and added a fee to the bill.
SENATOR TIFFANY MOVED TO NOT CONCUR WITH AMENDMENT NO. 592 TO S.B. 144.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 146.
SENATE BILL 146 (1st Reprint): Revises provisions governing purchasing contracts of local governments. (BDR 27-321)
Chairman O’Connell said S.B. 146 was from the Las Vegas Convention Authority. She said the convention authority wanted to add commercial advertising for fair and convention boards. The repealed section of the bill dealt with commercial advertising. The bill allowed the convention authority to advertise in-house when dealing with each of the conventions.
SENATOR TOWNSEND MOVED TO CONCUR WITH AMENDMENT NO. 637 TO S.B. 146.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 147.
SENATE BILL 147 (2nd Reprint): Makes various changes relating to Commission on Ethics and statements of financial disclosures. (BDR 23-500)
Chairman O’Connell said S.B. 147 brought back the language from Assembly Bill (A.B.) 127. She said the amendment to S.B. 147 had to do with the candidates filing financial statements with the secretary of State and restored the speech police.
ASSEMBLY BILL 127: Repeals certain provisions relating to Commission on Ethics. (BDR 23-47)
SENATOR TITUS MOVED TO CONCUR WITH AMENDMENT NO. 790 TO S.B. 147.
SENATOR CARE SECONDED THE MOTION.
Mr. Wasserman said there were some inconsistencies between S.B. 147 and A.B. 127. He said the provision in S.B. 147 was limited to providing a list of public officers required to file financial disclosure statements.
Senator Tiffany asked who would submit the list of public officers. Mr. Wasserman stated each county clerk, city clerk, the director of the Legislative Counsel Bureau, and the chief of the Budget Division of the Department of Administration would submit the lists. Mr. Wasserman said the other bill provided Legislators would file with the Secretary of State and the appointed public officers would file with the commission.
Senator Townsend asked if Nevada Revised Statutes (NRS) 294A.346 and NRS 294A.345 repealed the ability of a candidate to ask for an immediate ruling if a false statement was made about them. Mr. Wasserman said that was correct.
THE MOTION FAILED. (SENATORS O’CONNELL, TIFFANY, HARDY AND TOWNSEND VOTED NO.)
*****
SENATOR TIFFANY MOVED TO NOT CONCUR WITH AMENDMENT NO. 790 TO S.B. 147.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS TITUS AND CARE VOTED NO. SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 181.
SENATE BILL 181 (2nd Reprint): Revises provisions relating to amendment of redevelopment plans. (BDR 22-992)
Chairman O’Connell asked Senator Care to discuss the amendment to the bill. He said the bill, with the amendment, did precisely what he wanted in regard to redevelopment zones. The bill did not affect any master plans to any substantive extent.
Chairman O’Connell said she had a concern about streets in a master plan. Mr. Wasserman said the bill amended the definition of material deviation. Chairman O’Connell said this had been a court case that had talked about streets which were not even mentioned in the eminent domain discussion.
Mr. Wasserman said originally the bill dealt only with the amendments of redevelopment plans. He said the amendment now included a definition of material deviation. Mr. Wasserman said any vacation of a street was deemed to be material deviation. He said Nevada Supreme Court Justice Maupin had limited his comments in the court case to the vacating of streets that were in an approved plan. The Assembly amendment would create a material deviation if the street that was being vacated was included in the master plan. He said it would only be the major streets and highways included in the master plan.
SENATOR CARE MOVED TO CONCUR WITH AMENDMENT NO. 646 TO S.B. 181.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 359.
SENATE BILL 359 (2nd Reprint): Revises provisions relating to freedom to display flag of United States. (BDR 23-310)
Chairman O’Connell said the committee had been asked to not concur with the bill. She said there was nothing wrong in the amendment, but the committee was asked to let it go back into a subcommittee in order to add Assemblywoman Ohrenschall’s name to the bill.
SENATOR TITUS MOVED TO NOT CONCUR WITH AMENDMENT NO. 793 TO S.B. 359.
SENATOR CARE SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 176.
SENATE BILL 176 (2nd Reprint): Makes various changes regarding planning and zoning. (BDR 22-583)
Chairman O’Connell said Clark and Washoe Counties had requested the bill. An amendment had been proposed by the Assembly which removed the certified notice of a record of notice. She said the bill originally had an affidavit requirement in it.
Dan Musgrove, Lobbyist, Clark County, said the bill was problematic in the final version. He said it was difficult to predict the final outcome of the notice as it was mailed through the post office. He said the certification did not have an actual person who would know if the notice was actually delivered to a person. Mr. Musgrove said the amendment had been agreed to by Washoe County.
Rocky Finseth, Lobbyist, Washoe County, said his client concurred with Mr. Musgrove.
SENATOR TOWNSEND MOVED TO CONCUR WITH AMENDMENT NO. 636 TO S.B. 176.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 229.
SENATE BILL 229 (2nd Reprint): Makes various changes regarding public bodies. (BDR 19-16)
Chairman O’Connell said the amendment clarified further who was affected with a final decision about a public body. The amendment deleted the pardons and parole board. It also added some general improvement district (GID) language.
Fred L. Hillerby, Lobbyist, Sun Valley General Improvement District, said the bill had been heard earlier with another GID bill. It had been heard with A.B. 136. He said A.B. 136 had not been a proper vehicle for the amendment. The Legislative Counsel Bureau found another bill, S.B. 229, which was germane.
ASSEMBLY BILL 136 (1st Reprint): Authorizes creation of general improvement district for establishment of area or zone for preservation of one or more species or subspecies of wildlife threatened with extinction. (BDR 25‑398)
SENATOR TOWNSEND MOVED TO CONCUR WITH AMENDMENT NO. 779 TO S.B. 229.
SENATOR HARDY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS CARE AND RAGGIO WERE ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 262.
SENATE BILL 262 (2nd Reprint): Requires certain abstracts of votes to be posted on certain websites or transmitted to certain public libraries. (BDR 24-906.)
Chairman O’Connell said S.B. 262 was Senator Neal’s bill. She said it changed the word electronic “mail” to electronic “means.”
SENATOR TOWNSEND MOVED TO CONCUR WITH AMENDMENT NO. 795 TO S.B. 262.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 309.
SENATE BILL 309 (2nd Reprint): Makes various changes concerning support for participatory democracy. (BDR 18-1167)
Chairman O’Connell said the bill originated with Senator Titus. The Assembly added another layer to the bill in regard to the advisory board.
Senator Titus said students, who wanted to have a part as a commission to look into teaching participatory democracy, introduced the bill.
SENATOR TITUS MOVED TO CONCUR WITH AMENDMENT NO. 794 TO S.B. 309.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 312.
SENATE BILL 312 (2nd Reprint): Authorizes state and local governmental entities to accept consular identification card for purpose of identifying person under certain circumstances. (BDR 19-823)
Chairman O’Connell said the only change to the bill was to specify the card could not be used for proof of age or making an application for a driver’s license.
SENATOR TITUS MOVED TO CONCUR WITH AMENDMENT NO. 783 TO S.B. 312.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 328.
SENATE BILL 328 (1st Reprint): Provides for the establishment of regional development districts. (BDR 22-311)
Chairman O’Connell asked if there was any discussion needed on the amendment. There was none.
SENATOR TOWNSEND MOVED TO CONCUR WITH AMENDMENT NO. 647 TO S.B. 328.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 329.
SENATE BILL 329 (2nd Reprint): Makes various changes relating to administrative regulations. (BDR 18-730)
Chairman O’Connell said the amendment added a committee to review regulations.
SENATOR TOWNSEND MOVED TO CONCUR WITH AMENDMENT NO. 793 TO S.B. 329.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 331.
SENATE BILL 331 (2nd Reprint): Makes various changes to employment practices governing state personnel. (BDR 23-983)
Chairman O’Connell said the amendment dealt with personnel employment. She said it was a management committee and the amendment reworded the bill.
SENATOR TOWNSEND MOVED TO CONCUR WITH AMENDMENT NO. 780 TO S.B. 331.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 354.
SENATE BILL 354 (2nd Reprint): Requires certain subdividers of land to dedicate easements to certain public utilities and franchised community antenna television companies under certain circumstances. (BDR 22-598)
Chairman O’Connell said the bill was a cable communication bill. She said it would allow lines to be laid in subdivisions whenever a trench was opened in the street or property.
Mr. Wasserman said the intent of the amendment was to require easements, but only require them where they were constitutional in nature.
SENATOR HARDY MOVED TO CONCUR WITH AMENDMENT NO. 706 TO S.B. 354.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 444.
SENATE BILL 444 (2nd Reprint): Authorizes transfer of certain real property owned by State of Nevada to City of Las Vegas. (BDR S-517)
Chairman O’Connell said the bill dealt with passive recreation. Michael Stewart, Committee Policy Analyst, said passive recreation included hiking, camping, picnicking and other activities requiring few, if any facilities. Mr. Stewart said the definition would exclude ball fields.
SENATOR TOWNSEND MOVED TO CONCUR WITH AMENDMENT NO. 738 TO S.B. 444.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 449.
SENATE BILL 449 (2nd Reprint): Makes various changes to provisions governing advisory questions appearing on ballot. (BDR 24-250)
Chairman O’Connell said the amendment dealt with population figures in counties and cities for committees to write arguments for and against ballot questions. Mr. Stewart said the amendment reflected language in A.B. 293. He said discussion amended the bill to include population reductions from 100,000 to 40,000 for counties and 60,000 to 10,000 for cities to put together committees for the arguments for and against ballot questions. He said if the committee concurred with the amendment, A.B. 293 would take effect. If the committee did not concur, the Assembly would then recede and the language in A.B. 293 would still take effect.
ASSEMBLY BILL 293 (3rd Reprint): Revises provisions relating to ballot questions and appointment of committees to prepare arguments advocating and opposing certain ballot questions. (BDR 24-312)
SENATOR TOWNSEND MOVED TO NOT CONCUR WITH AMENDMENT NO. 792 TO S.B. 449.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 451.
SENATE BILL 451 (2nd Reprint): Revises provisions regarding format of certain documents filed in office of county recorder. (BDR 20-293)
Chairman O’Connell said S.B. 451 was the county recorders’ bill. She said the amendment took away the flexibility on the spending money.
SENATOR TIFFANY MOVED TO NOT CONCUR WITH AMENDMENT NO. 638 TO S.B. 451.
SENATOR HARDY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 452.
SENATE BILL 452 (2nd Reprint): Revises provisions governing enterprise funds for building permit fees. (BDR 31-838)
Chairman O’Connell said the proposed amendment restored original language to the dates that existed in current law. She said the dates had been inadvertently stricken when the bill was revised. The restoration of the original language ensured no adverse impacts or restrictions regarding building permit basis fees would occur.
SENATOR TOWNSEND MOVED TO CONCUR WITH AMENDMENT NO. 705 TO S.B. 452.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 453.
SENATE BILL 453 (2nd Reprint): Makes various changes concerning elections. (BDR 24-560)
Chairman O’Connell said the amendments did five things to the bill. Mr. Stewart said the bill dealt with the Help America Vote Act (HAVA). He said the Assembly amendment clarified the new identification requirements under HAVA applied only to people who applied to register to vote by mail. It also provided provisional voting would only be allowed in federal races. The third addition added language to provide the official statewide voter registration list could be maintained on the Internet. The fourth section of the amendment removed provisions requiring offices of county clerks, and counties with population less than 100,000 to remain open during the last 3 days of voter registration. Finally, it provided the 10-day extended voter registration period whereby voters had to register at the county clerk’s office would begin on Sunday and not on Saturday. The final change outlined when a county could cancel a registration if the potential voter provided fraudulent information concerning identity or residence.
Renee Parker, Chief Deputy Secretary of State, Office of the Secretary of State, said the only concern her office had was that the provisional voting requirements only applied to the federal races. She said the Assembly was set on that amendment and her office would rather move the bill forward than attempt to change the requirements.
SENATOR TIFFANY MOVED TO CONCUR WITH AMENDMENT NO. 788 TO S.B. 453.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell opened the work session discussion on S.B. 491.
SENATE BILL 491 (3rd Reprint): Makes various changes regarding bidding on contracts for public works of this state. (BDR 28-487)
Chairman O’Connell said there were two amendments to S.B. 491. Mr. Stewart said Assemblyman Brown had introduced Amendment No. 890 on the floor. The Assembly Committee on Commerce and Labor introduced Amendment No. 822. He said Amendment No. 822 amended provisions in the bill concerning the disqualification process for subcontractors on public works projects. The amendment clarified provisions in the bill relating to procedures for awarding contracts to design-build teams did not apply to local governments.
Senator Hardy asked Chairman O’Connell to delay action on the bill in order for him to study the amendments.
Chairman O’Connell said the committee would delay action until the floor session the next day.
Senator Care said he was outside of the room during the vote on Amendment No. 779 to S.B. 229. He said the committee concurred on the bill and he wanted to make certain he was listed as not concurring with the amendment. Senator Care said he did not believe the parole board should be exempted from the open meeting laws.
Chairman O’Connell asked the committee if they thought the motion should be reviewed. Senator Townsend said he agreed with Senator Care and they should reconsider their action.
SENATOR TOWNSEND MOVED TO RESCIND THE PREVIOUS ACTION TAKEN ON S.B. 229.
SENATOR TITUS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell asked the committee if A.B. 114 had been considered. She said Senate government affairs had placed the amendment to the bill. She said it was a recede or not recede action. Chairman O’Connell said the bill pertained to qualifications for sheriff candidates.
ASSEMBLY BILL 114 (2nd Reprint): Provides qualifications for county offices of sheriff and constable. (BDR 20-1020)
SENATOR HARDY MOVED TO NOT RECEDE ON AMENDMENT NO. 678 TO A.B. 114.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell asked if the motion had been taken care of on S.B. 229. She said the committee needed to not concur in order for Senator Care to be appointed to the chair of that committee.
SENATOR HARDY MOVED TO NOT CONCUR WITH AMENDMENT TO. 779 TO S.B. 229.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Connell asked if there was any further discussion. As there was none, she adjourned the meeting at 5:14 pm.
RESPECTFULLY SUBMITTED:
Olivia Lodato,
Committee Secretary
APPROVED BY:
Senator Ann O'Connell, Chairman
DATE: