MINUTES OF THE
ASSEMBLY COMMITTEE ON JUDICIARY
Sixty-seventh Session
March 16, 1993
The Assembly Committee on Judiciary was called to order by Chairman Robert M. Sader, at 8:00 a.m., on March 16, 1993, in Room 332 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Mr. Robert M. Sader, Chairman
Mr. Gene T. Porter, Vice Chairman
Mr. Bernie Anderson
Mr. John Bonaventura
Mr. John C. Carpenter
Mr. Tom Collins, Jr.
Mr. William D. Gregory
Mr. Ken L. Haller
Mr. William A. Petrak
Mr. John B. Regan
Mr. Scott Scherer
Mr. Michael A. Schneider
Ms. Stephanie Smith
Mr. Louis A. Toomin
COMMITTEE MEMBERS ABSENT:
Mr. James A. Gibbons, Excused
GUEST LEGISLATORS PRESENT:
Mr. Larry Spitler, Assemblyman - District 41
Mr. Rick Bennett, Assembly District 16
STAFF MEMBERS PRESENT:
None
OTHERS PRESENT:
Mary Santina, Retail Association
Lt. Jim Nadeau, Washoe County Sheriff's Office
Ms. Tammy L. Tovey, Deputy Attorney General - Human Resources Division
Following roll call, Chairman Sader opened the hearing on AB-307.
ASSEMBLY BILL 307 - Reduces amount of time in which person must pay dishonored check or draft to avoid presumption of intent to defraud. (BDR 15-791)
Mr. Haller, Assembly District 27, Reno, stated AB-307 was based on a concern of real people. He said he received a call from a gun sale shop and the owner explained by the time an invalid check was processed, the gun had gone out of state. Mr. Haller suggested the need to decrease the time frame to prosecute one who passes an invalid check.
Mary Santina, Retail Association, testified in favor of AB-307. Ms. Santina suggested the following amendment:
1. Page 1, line 8 - change 3 days to 5 days.
Lt. Jim Nadeau, Washoe County Sheriff's Office stated the number of days referred to on page 1, line 8 of AB-307 was not a concern of the Washoe County Sheriff's Department.
ASSEMBLYMAN HALLER MOVED TO AMEND AND DO PASS AB-307.
ASSEMBLYMAN PETRAK SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
ASSEMBLY BILL 304 - Makes various changes concerning recreation on public land and water. (BDR 3-782)
Chairman Sader stated AB-304 would be rescheduled.
ASSEMBLY BILL 298 - Strengthens rights of grandparents to visit grandchildren. (BDR 11-340)
Mr. Larry Spitler, Assemblyman - District 41, testified on behalf of AB-298 and summarized the proposed amendments (Exhibit C).
Chairman Sader summarized the changes to AB-298 as follows:
1) Page 1, line 16 - change "may" to "shall."
2) Page 6, line 1 - change "may" to "shall."
3) Page 7, line 17 & 18 - delete "is in the best interests of the child." Insert "unless the court finds that visitation would be harmful to the best interests of the child."
Mr. Rick Bennett, representing Assembly District 16 stated he was in favor AB-298. Mr. Bennett explained the bond established between grandparents and grandchildren was very special.
Mr. Spitler mentioned a letter Mr. & Mrs. Condit had written to Governor Miller. He presented the Governor's response as follows:
"In recent years there have been increased awareness in state legislatures and congress of the important role grandparents play in the development of children. Laws have been enacted that give grandparents rights that never existed before. I believe this is a healthy trend in our nation and in Nevada. At the same time there are instances when visitation by grandparents can be harmful and the courts have a difficult determination to make when trying to predict what will be in the best interests of the child. The next logical step may well be to automatically consider the issue of grandparents visitation in all child custody proceedings. This would ensure grandparents have standing in court without having to go through a separate legal process just to be heard."
Mr. Bennett stated Mr. and Mrs. Condit's particular case was a divorce involving their daughter and son-in-law, where custody of their grandchild was awarded to their son-in-law. The son-in-law would not allow the grandparents visitation and this necessitated very costly court proceedings to try and acquire visitation, which was obtained after approximately 2 years of proceedings.
Chairman Sader questioned whether AB-298 should mandate grandparents be given rights to visitation in all circumstances or whether it should be left to the discretion of the judge. Mr. Spitler responded the amendment to AB-298 stated visitation to grandparents would not be automatic and grandparents had to prove to the court the visitation would be in the best interest of the child. Chairman Sader inquired whether a different standard should exist for grandparents than for parents when dealing with visitation and custody issues. Mr. Bennett explained if grandparents had the opportunity to deal with their visitation rights during the initial court proceedings, it would eliminate grandparents going to court at a later date to argue their rights.
After discussion Chairman Sader stated he was troubled by the concept of different standards. The grandparents of the non-custodial parent initiated these actions, and in many situations the grandparents of the non-custodial parent were really operating on behalf of the noncustodial parent when the noncustodial parent was not satisfied with the court's ruling.
Ms. Tammy Tovey, Deputy Attorney General representing the Division of Child and Family Services, testified against AB-298. Ms. Tovey stated the Division's main concern with proposed amendment (Exhibit C) was it sets up the presumption visitation should occur and there was no way to rebut that presumption. The focus was shifted from what was in the best interest of the child to what might be harmful for the child. Ms. Tovey explained the Division's main concern was with terminations of parental rights and relinquishments of children for adoption. The Division was also concerned the grandparents would be a conduit for the noncustodial parent. Ms. Tovey stated she agreed to keep the standard the same throughout AB-298 and to keep the best interests of the child paramount.
Chairman Sader called attention to a letter received from Shirley Jensen, a grandparent, and asked it be entered into the record (Exhibit D).
Chairman Sader concluded there would be no action at this time on AB-298.
Chairman Sader introduced the following Bill Drafts:
BDR 4-759 -Allows admission into evidence an affidavit of laboratory directors to prove results of test conducted in a medical lab.
BDR 43-915 - Requires one year term of imprisonment as condition of suspension of sentence for causing death or substantial bodily harm while driving under the influence.
BDR 11-573 - Authorizes a Municipal Judge to perform a limited number of marriages in the state and authorizes a Justice of the Peace to perform a limited number of marriages.
BDR 19-1217 - Adopts the uniform law of notarial acts.
ASSEMBLYMAN PORTER MOVED FOR COMMITTEE INTRODUCTION OF BDR 4-759, BDR 43-915, BDR 11-573, BDR 19-1217.
ASSEMBLYMAN ANDERSON SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
Chairman Sader mentioned a bill draft proposal from the Commission on Substance Abuse. The Commission requested a bill draft consistent with AB-696 of the previous session which authorizes the county to establish a program for deferred prosecution.
ASSEMBLYMAN SCHERER MOVED FOR COMMITTEE INTRODUCTION.
ASSEMBLYMAN ANDERSON SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
ASSEMBLY BILL 6 - Establishes right of way of vehicles at intersections where certain traffic-control signals are inoperative.
Chairman Sader called attention to Senate Amendment 53 (Exhibit E).
ASSEMBLYMAN HALLER MOVED TO CONCUR WITH SENATE AMENDMENT 53.
ASSEMBLYMAN REGAN SECONDED THE MOTION.
THE MOTION PASSED 9 TO 5. ASSEMBLYMEN COLLINS, ANDERSON, CARPENTER, PORTER AND SMITH VOTED NO.
There being no further testimony, the meeting adjourned at 9:20 a.m..
RESPECTFULLY SUBMITTED:
Jeanne Peyton
Committee Secretary
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Assembly Committee on Judiciary
March 16, 1993
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