MINUTES OF THE
SENATE COMMITTEE ON JUDICIARY
Sixty-seventh Session
June 30, 1993
The Senate Committee on Judiciary was called to order by Chairman Mark A. James, at 9:30 a.m., on Wednesday, June 30, 1993, in Room 238 of the Legislative Building, Carson City, Nevada. The meeting was held at the call of the chair; there is no Meeting Agenda; the Attendance Roster is attached as Exhibit A.
COMMITTEE MEMBERS PRESENT:
Senator Mark A. James, Chairman
Senator R. Hal Smith, Vice Chairman
Senator Lawrence E. Jacobsen
Senator Mike McGinness
Senator Ernest E. Adler
COMMITTEE MEMBERS ABSENT:
Senator Dina Titus (Excused)
Senator Raymond C. Shaffer (Excused)
STAFF MEMBERS PRESENT:
Dennis Neilander, Senior Research Analyst
Sherry Nesbitt, Committee Secretary
OTHERS PRESENT:
Ben Graham, Nevada District Attorney's Association
The chairman opened a work session Senate Bill (S.B.) 513.
SENATE BILL 513: Makes various changes regarding professional corporations and limited-liability companies.
Senator James stated he had concerns about passage of the legislation this late in the session. He said the bill "changes substantially the rules regarding the way professional corporations are owned, i.e., by an out-of-state corporation." The chairman indicated he has discussed the matter with other attorneys and several supreme court justices who have raised concerns regarding "fee-splitting problems," and other ethical problems. He said he did not see how the bill could be passed for accounting firms and not for law firms. Senator James suggested S.B. 513 might be passed in its basic form, which would allow professional corporations to be limited-liability companies in Nevada. Senator Adler said he felt that would be satisfactory if section 2 of the bill was deleted.
SENATOR ADLER MOVED TO AMEND AND DO PASS S.B. 513.
SENATOR SMITH SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS SHAFFER, TITUS AND MCGINNESS WERE ABSENT FOR THE VOTE.)
* * * * *
Senator James opened the hearing on Assembly Bill (A.B.) 89.
ASSEMBLY BILL 89:Revises criminal provisions relating to owning or keeping dangerous animal.
Appearing before the committee was Ben Graham, Nevada District Attorney's Association. Mr. Graham said the proposed legislation has been ongoing for 2 years and concerned ownership of pit bull terriers. He said the particular case which led to the bill involved a 70-year- old woman in Goldfield, Nevada, who was attacked and nearly killed by two dogs. Mr. Graham said since the 1991 session, "there have been more hearings and testimony on this bill than any other bill before the assembly judiciary committee." He said the only prosecution against the owners of the dogs could be under the misdemeanor statute. Mr. Graham said the district attorneys feel a misdemeanor is not adequate punishment for a person who keeps a dog "which is known to be vicious." He said A.B. 89 is a compromise piece of legislation which has been developed over a 6-month period "with a myriad group of dog folks." Senator Jacobsen asked if the legislation would apply if a person were trespassing on property upon which the dog was kept. Mr. Graham said it would not.
SENATOR JACOBSEN MOVED TO DO PASS A.B. 89.
SENATOR SMITH SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS TITUS AND SHAFFER WERE ABSENT FOR THE VOTE.)
* * * * *
Mr. Graham referred to Assembly Bill (A.B.) 789, which was introduced in the assembly on June 29, 1993.
ASSEMBLY BILL 789: Authorizes use of specially appointed attorney for limited duration with limited jurisdiction.
Mr. Graham explained the legislation to the committee and asked for consideration of the bill if it passed the assembly and had time to be heard in the senate before adjournment.
Senator James indicated he had received a bill draft request which dealt with extensive changes to the procedures of the parole board commissioners. The chairman indicated it was too late in the session to have a bill of this type introduced. Senator Adler stated it should be one of the first pieces of legislation to be considered by the committee in the 1995 session.
The chairman recessed the hearing until approximately 2:00 p.m. this afternoon, at which time all business of the committee would be concluded.
Senator James reconvened the hearing at 4:00 p.m.
COMMITTEE MEMBERS PRESENT:
Senator Mark A. James, Chairman
Senator R. Hal Smith, Vice Chairman
Senator Ernest E. Adler
Senator Raymond C. Shaffer
Senator Mike McGinness
COMMITTEE MEMBERS ABSENT:
Senator Lawrence E. Jacobsen (Excused)
Senator Dina Titus (Excused)
STAFF MEMBERS PRESENT:
Dennis Neilander, Senior Research Analyst
Marilyn Hofmann, Committee Secretary
OTHERS PRESENT:
Vicki Riley, Nevada Trial Lawyers Association
John Sherman, Washoe County, Nevada
Senator James opened a work session on Assembly Bill (A.B.) 321.
ASSEMBLY BILL 321: Revises fees for certain court-appointed attorneys in criminal proceedings.
Appearing to speak to the committee were Vicki Riley, Nevada Trial Lawyers Association and John Sherman, representing Washoe County, Nevada. Ms. Riley stated the purpose of the bill was a fee increase to $75 in capital murder and death penalty cases. She indicated there was also a provision in the bill to provide for the contracting of a private attorney at less than the court-appointed fee rate. Mr. Sherman agreed with the provisions of the legislation. He said the increase in fees "will attract more talented attorneys to the pool which will expedite cases more efficiently."
SENATOR ADLER MOVED TO DO PASS A.B. 321.
SENATOR SHAFFER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS TITUS, MCGINNESS AND JACOBSEN WERE ABSENT FOR THE VOTE.)
* * * * *
The final bill to be discussed was Assembly Bill (A.B.) 785.
ASSEMBLY BILL 785: Makes technical corrections to measures previously approved by 67th session of legislature.
Lorne Malkiewich, Legislative Counsel, appeared to explain the bill, described as a "reviser's bill." He said during the course of the session, "as we recognize some of the mistakes we make as the session goes along...we clean up those technicalities by way of a 'last-minute trailer bill.'"
SENATOR ADLER MOVED TO AMEND AND DO PASS A.B. 785.
SENATOR MCGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS TITUS AND JACOBSEN WERE ABSENT FOR THE VOTE.)
* * * * *
There was no further business to come before the committee, and the hearing was adjourned.
RESPECTFULLY SUBMITTED:
Marilyn Hofmann,
Committee Secretary
APPROVED BY:
Senator Mark A. James, Chairman
DATE:
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Senate Committee on Judiciary
June 30, 1993
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Senate Committee on Judiciary
April 13, 1993
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