MINUTES OF THE
SENATE Committee on Legislative Affairs and Operations
Seventy-second Session
May 13, 2003
The Senate Committee on Legislative Affairs and Operations was called to order by Chairman Maurice E. Washington, at 3:45 p.m., on Tuesday, May 13, 2003, in Room 2144 of the Legislative Building, Carson City, 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 Maurice E. Washington, Chairman
Senator Barbara K. Cegavske, Vice Chairman
Senator Raymond D. Rawson
Senator Dina Titus
Senator Bernice Mathews
Senator Valerie Wiener
COMMITTEE MEMBERS ABSENT:
Senator William J. Raggio (Excused)
GUEST LEGISLATORS PRESENT:
Assemblyman John W. Marvel, Assembly District No. 32
Senator Joseph (Joe) M. Neal Jr., Clark County Senatorial District No.4
Senator Michael (Mike) A. Schneider, Clark County Senatorial District No. 11
STAFF MEMBERS PRESENT:
Scott Young, Committee Policy Analyst
Robert E. Erickson, Research Director
Brenda J. Erdoes, Legislative Counsel
Johnnie Lorraine Willis, Committee Secretary
OTHERS PRESENT:
The Honorable Michael R. Griffin, Department 1, First Judicial District
Jackie Crawford, Director, Department of Corrections
The Honorable Dan L. Papez, Department 2, Seventh Judicial District
Richard Siegel, Lobbyist, American Civil Liberties Union of Nevada
Amy Wright, Chief, Division of Parole and Probation, Department of Public Safety
Chairman Washington:
We will open the hearing on Senate Concurrent Resolution (S.C.R.) 32. This bill asks the Legislative Commission to conduct an internal study on the criminal justice system in rural Nevada. This is a worthy study. We are looking at Bill Draft Request (BDR) R-1344, which deals with halfway houses and transitional homes. I wish to combine these into one study. There is a concern for due diligence to each issue. We are limited to three studies; as both proposed studies are justifiable, it is logical to work them into one study.
SENATE CONCURRENT RESOLUTION 32: Directs Legislative Commission to conduct interim study of criminal justice system in rural Nevada. (BDR R‑1215)
BILL DRAFT REQUEST R-1344: Directs the Legislative commission to conduct interim study of transitional housing for released offenders. (Later introduced at S.C.R. 38.)
Robert E. Erickson, Research Director:
In the past, the Legislative Commission has conducted these types of subcommittee studies with success. I feel both topics will get the full attention they deserve, even if they are combined into one study.
Chairman Washington:
Ms. Crawford, please work with our committee counsel on BDR R-1344.
The Honorable Michael R. Griffin, Department 1, First Judicial District:
We are attempting to combine all parties involved in order to determine what services are needed.
Assemblyman John W. Marvel, Assembly District No. 32:
I am here to support Judge Griffin. Senator Mark Amodei and I served on an interim committee on the study of rural courts. Rural Nevada needs this study.
Jackie Crawford, Director, Department of Corrections:
I want to assure the committee we are here in complete support of this study and are willing to help in any way possible. I will have additional information to your committee by tomorrow.
The Honorable Dan L. Papez, Department 2, Seventh Judicial District:
I am a district court judge in Ely, and I appreciate your support of this study. I was on the rural courts commission, Judicial Council of the State of Nevada, which has made accomplishments in this arena. I hope the Legislature will look at our findings.
Richard Siegel, Lobbyist, American Civil Liberties Union of Nevada:
I am president of the American Civil Liberties Union of Nevada. We support this bill. In looking on page 3, subsection 4 of the bill, does the lack of attorneys referenced mean a general lack of attorneys? Defense attorneys and State public defenders would be represented. I want to ensure both criminal and civil defense for rural areas are considered by the committee.
Amy Wright, Chief, Division of Parole and Probation, Department of Public Safety:
We are also supportive of the study, and are willing to support the Legislature in any way.
Chairman Washington:
We need to get the documentation drafted to include all elements of study. We will close the hearing on S.C.R. 32 and open the hearing on S.C.R. 31.
SENATE CONCURRENT RESOLUTION 31: Directs Legislative Commission to conduct interim study of feasibility of magnetic levitation train connecting various urban and rural communities in Nevada. (BDR R-1136)
Senator Joseph (Joe) M. Neal Jr., Clark County Senatorial District No. 4:
The proposal before you has strong support from both the Senate and the Assembly. All of the Legislators except one are in support. S.C.R. 31 proposes to conduct a feasibility study in the interim. I foresee this to be an extensive public works project that would draw all of our State communities together, both urban and rural. As I drive through our State, I observe communities that seem to be dying. The reason for their economic slump is inadequate transportation. We have two main urban areas, including Clark County and Washoe County. Elko County is developing as well. In the middle of our State, there is a lack of growth.
This proposal focuses on the cost and proposed routes of a transit system. It is proposed the route would start in Clark County, proceed to Caliente, Elko, Reno, Carson City, Tonopah, and back to Clark County. The federal government may provide us funds to be used for this project. The advantages would be many. Our people would be logistically connected. We could utilize the expertise and creativity of these rural people, rather than losing them as their communities fade away. The smaller communities would benefit by being more closely woven to the larger communities. Creating transportation would encourage some of our urban citizens to move to the smaller rural areas.
Chairman Washington:
Why can we not use existing railroad tracks, rather than a suspended tracking system?
Senator Neal:
The suspended system is in use in Europe, Japan, and Germany. In China, they built 50 miles of the transit system in less than 6 months. I would hope the committee would contact some of these entities that have had success in building the system. The present highway system could be used to construct a right-of-way, allowing cars and a train system to run simultaneously. This would be similar to the monorail.
Chairman Washington:
We will close the hearing on S.C.R. 31 and open the hearing on S.C.R. 37.
SENATE CONCURRENT RESOLUTION 37: Directs Legislative Commission to conduct interim study of geoexchange technology. (BDR R-1287)
Senator Michael (Mike) A. Schneider, Clark County Senatorial District No. 11:
Scott Young, Committee Policy Analyst for the Senate Committee on Commerce and Labor, has worked with me to research alternative types of construction and energy. We agree that a study on geoexchange technology would benefit our State. This is the wave of the future and will save our State money. I have a video titled Geoexchange Heating and Cooling Systems VT‑900(Exhibit C. Original is on file in the Research Library.). It was produced by the Geothermal Heat Pump Consortium, Incorporated, in Washington, D.C.
Scott Young, Committee Policy Analyst:
As a member of the Legislative Counsel Bureau staff, I cannot advocate a position and will restrict my comments to factual information. The video states that geoexchange does not require hot water, which is a misconception. This system works in the driest desert. This technology draws the heat from 8 feet underground, where the temperature is approximately 57 degrees Fahrenheit. In the winter, the ground temperature is warmer than the air temperature. Pipes circulate heat from the ground, through a heat pump, to the building to be heated. In the summer, you reverse the process. Hot air is taken from a building and pumped into the ground, cooling the building in the process. The system can also be diverted to heat water. There is an attachment that, when applied, would eliminate all hot water expenses. Schools, prisons, or large institutions could save much by having access to free hot water. This technology is well-established. According to the U.S. Department of Energy, there are over 550,000 units in operation, many found in schools.
Daniel Boone High School in Washington, Tennessee, installed one of these units in a 160,000-square-foot building. The school saved $82,939 in its heating and cooling costs each year, or 34.8 percent savings over prior energy usage. A 148,000-square-foot elementary school in Pennsylvania saved over $37,000 annually on its fuel bill, as well as $8000 on maintenance. Unlike boilers which need additional room and exterior cooling towers, these units can be put inside. Most cooling towers are found on the roofs, causing wear and tear on the roof and requiring costly maintenance and repairs.
Feather River College in Quincy, California, installed a system and saved $50,000 within 18 months on heating and cooling. St. George, Utah, is comparable to Southern Nevada in temperature levels. One 3067-square-foot home in St. George installed this system and had a yearly heating, cooling, and hot water bill of $328. Our residents in Southern Nevada might agree this is a significant savings.
The system costs about the same as a standard unit in commercial buildings, but it costs more than a standard unit to install in residential dwellings. I have installed one in my house, and it cost $9000 in installation fees. We have no fuel bill. We still have an electric bill, due to the pump and fans used by the system.
From a State standpoint, we spend about a billion dollars a year buying fuel to generate electricity for our heating and cooling needs. We would save in several ways. First, we would save in our fuel costs. We would have reduced emissions. We would have less wear and tear on our transmission systems. In a community like Las Vegas, where almost all buildings are air-conditioned, a citywide geoexchange system would cause a huge reduction in peak load on the transmission system.
I believe the Nevada Army National Guard installed a system in its Reno office. I recently saw Truckee Middle School in Truckee, California, has retrofitted one into their building. Neither is in operation yet, so we cannot get hard figures of savings.
We feel a study could result in significant savings. The data I have gathered from operational systems shows a savings of 30 percent on energy bills. Assuming the Clark County School District pays $30 million yearly in energy bills, the savings of 30 percent is a significant amount that could be used in teachers’ salaries, textbooks, and other worthwhile projects. The State might look at demonstrations of the system in other states to see the full potential to save public money.
Chairman Washington:
Are you currently using this system in your home?
Mr. Young:
We moved into our home a week ago, and although we are using it, we have not had time to determine our savings. The area where we moved does not offer natural gas, so our choice would be to purchase propane gas, a relatively expensive fuel. I expect our savings will be $800 to $1000 a year on our heating and cooling bills. Of course, this will depend on factors such as weather, desirable internal temperature, and insulation. I believe our family will recoup the cost within 5 to 7 years. The life of the unit is about 50 years.
Senator Schneider:
The St. George, Utah, home with a $328 yearly bill for heating and cooling is amazing, as I spend about this amount monthly on my home in Las Vegas. A study seems like a logical step towards the end result of saving a tremendous amount of money.
Senator Wiener:
You mentioned retrofitting a unit into an existing school building. Is it more complicated to retrofit a unit, as opposed to installing a replacement unit? Would you need to shut down a building to retrofit? I believe the life of a standard heating/air-conditioning unit is 10 years. You say this unit has a life of 50 years?
Mr. Young:
The school was in Lancaster, Pennsylvania. It is an older school, built in 1961. When its heating and cooling unit needed replacement, officials looked at the geoexchange option. They had to close portions of the school to do the retrofitting, which involves laying pipes. Their costs were a bit less than a new system. On a residential level, the up-front costs are higher than the commercial costs. This is because commercial systems are more widely used. After the unit was installed, the school benefited. Teachers could individually control the temperature of their classrooms. If a school had a night meeting, it was possible to cool only the auditorium. Units are outside the rooms, so there is no situation where the classroom would be disrupted for any maintenance.
The video showed how pipes could be laid horizontally or vertically. They could be installed under a parking lot or driveway.
Chairman Washington:
We will close the hearing on S.C.R. 37. Committee, please take a look at Senator Schneider’s videotape (Exhibit C). We are allowed three interim studies per party, and we have tried to accommodate as many as possible. We will open the hearing on S.B. 292.
SENATE BILL 292 (1st Reprint): Directs Legislative Commission to appoint subcommittee to study impacts of recent privatization of industrial insurance program. (BDR S-784)
Chairman Washington:
We also have a request of an interim study from the Division of Insurance (Exhibit D).
Brenda J. Erdoes, Legislative Counsel:
I believe the request from the commissioner of insurance is to add medical malpractice into this study. Ms. Molasky-Arman’s letter addresses administered pricing mechanisms for medical professional liability rates.
Chairman Washington:
I believe the intent was to review how we rate and classify medical professional liability insurance, and to provide this same rating system to industrial insurance. The request is to amend S.B. 292 and include the request in the study.
SENATOR RAWSON MOVED TO AMEND S.B. 292.
SENATOR TITUS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman Washington:
We will close the hearing on S.B. 292 and open the hearing on S.C.R. 21. I would like staff to prepare a resolution to the Legislative Commission regarding the reconfiguration of school districts, as opposed to directing a new study.
SENATE CONCURRENT RESOLUTION 21: Directs Legislative Commission to conduct interim study concerning reconfiguration of school districts in this state. (BDR R-56)
Senator Wiener:
Would this be similar to creating a subcommittee to perform a study?
Chairman Washington:
Yes.
Mr. Erickson:
I think we can revise the wording of S.C.R. 21 to send it to the committee on education, rather than the Legislative Commission.
Ms. Erdoes:
Correct.
Senator Rawson:
We had testimony from some rural citizens asking us to not get involved in their districts. Would we direct the interim committee to do everything in the resolution, or should we limit its objectives?
Senator Cegavske:
I think we should leave the decision up to the committee.
Senator Rawson:
If this could be written to give to the interim committee in determining the scope, I agree. I am not sure we want to mandate a consolidation of districts. If the interim committee chooses to do so, then I would support its decision.
Senator Titus:
I am not sure we need to amend this resolution for the study. Perhaps we should kill this resolution and instead, send a letter to the education committee suggesting they revisit this issue. I would not support directing them to act.
Chairman Washington:
If we just send a letter, nothing may happen. A resolution does not mandate the committee to act, but it adds weight to the request of taking a serious look at the issue.
Ms. Erdoes:
We could word the resolution in any manner the committee chooses.
Senator Rawson:
Could we agree today, with our limited committee, to make sure the entire committee has a chance to look at the issues?
Chairman Washington:
Yes, that is a fair proposal.
SENATOR WIENERMOVED TO AMEND S.C.R. 21.
SENATOR CEGAVSKE SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman Washington:
We will table S.C.R. 31. We need an amendment on S.C.R. 32 to expand the scope to include transitional and halfway houses.
SENATOR RAWSON MOVED TO AMEND S.C.R. 32.
SENATOR CEGAVSKE SECONDED THE MOTION.
Senator Titus:
This issue causes me concerns. When my bill on halfway houses came to the Assembly, several legitimate halfway house owners expressed concern. They committed to meet during the interim as a task force without the Legislature paying for it, as long as we provided a room in which to meet. I would like to see that happen.
Chairman Washington:
I spoke with the director prior to our meeting. They prefer the Legislative Commission as opposed to the task force, as they feel there are viable issues. I also spoke to the authors of S.C.R. 32, and they are in agreement to expand the study to include halfway houses.
Senator Titus:
Fine. I would like to see us make some progress.
Senator Wiener:
Would the study be Statewide, combined with criminal justice in rural communities?
Senator Rawson:
Assembly Concurrent Resolution (A.C.R.) 18 is a study in juvenile justice. Are these separate issues?
ASSEMBLY CONCURRENT RESOLUTION 18: Directs Legislative Commission to conduct interim study of juvenile justice system in Nevada. (BDR R-1285)
Chairman Washington:
We may leave that resolution alone and see what the commission decides to do with it.
Mr. Erickson:
If that resolution were a study identified by the Assembly, and the Senate would identify this measure, then when it goes to the Legislative Commission for the appointment of a committee, the commission would determine how to appropriately allocate meetings.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
Chairman Washington:
We will close the hearing on S.C.R. 32 and postpone S.C.R. 37 for final approval.
Senator Mathews:
Concerning S.C.R. 37, there is a current study on geoexchange technology through Truckee Meadows Community College in Reno. There is a research site on Mt. Rose where this study is being conducted. Do we really need another study?
Chairman Washington:
We now have five studies to consider: S.B. 131, S.B. 292, S.C.R. 31, S.C.R. 32, and S.C.R. 37. We also have a request from Senator Cegavske for a Senate concurrent resolution.
SENATE BILL 131 (1st REPRINT): Directs Legislative Commission to appoint subcommittee to conduct study relating to mold in structures. (BDR S‑221)
Senator Cegavske:
Ed Guthrie Jr. and I are both on the Vocational Rehabilitation Council for the State. One concern they have is the transition people experience when returning to work. He asked me to bring this issue to the committee.
Senator Titus:
I agree this is an important issue. We passed a bill onto the Assembly, which allows for the continuation of the Legislative Commission’s Subcommittee to Study the State Program for Providing Services to Persons with Disabilities. If it does not pass, then this study could be one of the responsibilities for the persons with disabilities committee during the interim.
Senator Cegavske:
As Mr. Guthrie initiated this issue, I would like to defer to him. I would like to vote on the issue to bring it before our committee.
Chairman Washington:
We need a motion request for a Senate concurrent resolution. The request would designate the study be sent to the Legislative Committee on Education.
SENATOR CEGAVSKE MOVED TO DRAFT A SENATE CONCURRENT RESOLUTION TO STUDY THE REHABILITATION OF DISABLED PEOPLE RETURNING TO WORK.
SENATOR WIENER SECONDED THE MOTION.
Mr. Erickson:
Is this study to go to the educationcommittee or the disabled committee?
Senator Cegavske:
I thought we would draft it as a study, and then determine whether it would remain a study or be placed in the education or the disabled committee.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman Washington:
We will now open the hearing on A.B. 35.
ASSEMBLY BILL 35 (1st Reprint): Makes various changes concerning Legislative Committee for Local Government Taxes and Finance. (BDR 17-631)
Mr. Erickson:
This bill, recommended by the Legislative Committee for Local Government Taxes and Finance, makes some technical changes to the committee. It would require the appointment of a representative of a general improvement district, rather than a member of its board of trustees. It would remove the provision relating to Washoe County and the governmental services tax from the charge of that committee. It would also remove the mandate to study maintenance of roads, and transfer those duties to an advisory committee, rather than a subcommittee.
SENATOR CEGAVSKE MOVED TO DO PASS A.B. 35.
SENATOR RAWSON SECONDED THE MOTION.
Senator Wiener:
Are we trying to make a conversion from an interim committee to a statutory committee?
Chairman Washington:
No. It changes the members of an interim committee.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Chairman Washington:
The committee will receive a list of pending studies.
Senator Mathews:
I would briefly like to address the mold issue (S.B. 131). I visited a school in Las Vegas where kids were experiencing headaches and vomiting, due to mold. They had severe upper respiratory symptoms, which could be life-threatening. This is a critical problem in areas where buildings are built directly onto the ground, as are many of our Las Vegas schools. The school I mentioned is being torn down. We must protect our more vulnerable citizens, our elderly and our children, from mold.
Senator Wiener:
Mr. Chairman, did we send a letter from the committee regarding A.C.R. 10?
ASSEMBLY CONCURRENT RESOLUTION 10: Directs Legislative Commission to conduct interim study of operations of Public Employees’ Benefits Program. (BDR R-1111)
Mr. Erickson:
I believe the committee’s intent was to wait to see if A.C.R. 10 is designated as a study of the Assembly, in which case this committee would not need to pass the audit called for in A.B. 454. If it does not get assigned in the Assembly, then the Senate could do pass A.C.R. 10.
ASSEMBLY BILL 454 (1st Reprint): Directs Legislative Auditor to conduct performance audit of Public Employees’ Benefits Program. (BDR S-1315)
Senator Wiener:
I was concerned if we were meeting deadlines on the audit bill.
Mr. Erickson:
I believe they all relate to the Legislature, whether a legislative study or a legislative audit. I believe we are meeting the deadlines.
Chairman Washington:
Most of this committee’s work is exempt, so we do not have to be concerned about a deadline. This is the last scheduled meeting for this committee. I would like to thank everyone on the committee, as well as our staff. We will adjourn the meeting at 4:54 p.m.
RESPECTFULLY SUBMITTED:
Makita Schichtel,
Committee Secretary
APPROVED BY:
Senator Maurice E. Washington, Chairman
DATE: