The Committee on Constitutional Amendments was called to order at 5:00 p.m., on Thursday, February 25, 1999. Chairman Robert E. Price presided in Room 4100 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. Robert E. Price, Chairman

Mr. Harry Mortenson, Vice Chairman

Mr. Bernie Anderson

Mr. Greg Brower

Mr. Don Gustavson

Ms. Sheila Leslie

Ms. Kathy Von Tobel

GUEST LEGISLATORS PRESENT:

Mr. David Humke, Assemblyman

STAFF MEMBERS PRESENT:

OTHERS PRESENT:

Chairman Price suggested a subcommittee would be formed to consider
A.J.R. 3 in further detail. He nominated Mr. Mortenson and Mr. Brower for the subcommittee who would work with Mr. Humke on the language of A.J.R. 3.

Assemblyman Humke stated Washoe County District Attorney, Richard Gammick, wanted to make the language of the bill more specific. Mr. Gammick wanted to address search and seizure.

Mr. Anderson asked how the lower courts could challenge the United States Supreme Court if the state courts were not given the opportunity to change precedent. Mr. Humke responded Mr. Gammick’s testimony was based on the role of the police in search and seizure. Mr. Humke noted decisions made by the Nevada Supreme Court conflicted with decisions made by the United States Supreme Court regarding search and seizure. Mr. Anderson cited several important cases decided by the United States Supreme Court and asked Mr. Humke what he intended the subcommittee to resolve. Mr. Humke suggested a narrower constitutional amendment would have more appropriate language.

Gemma Greene, Washoe County Deputy District Attorney, spoke in support of the resolution. She reiterated the purpose of the legislation and stated the district attorneys’ offices throughout the state were in support of the resolution.

Mr. Brower asked Ms. Greene to supply copies of other states’ constitutions with similar provisions. Ms. Greene agreed to provide the copies.

The work session on A.J.R. 3 concluded at that time.

Danielle Cook gave a presentation on the history of the Nevada Constitution (Exhibit C). Ms. Cook read statistical information on modifications to the constitution and gave a brief summary of attempts to create the constitution in the 19^th century. Ms. Cook outlined changes in apportionment practices, electoral processes, and voting restrictions. She noted the addition of referendum, initiative, and recall, added to the constitution in the early 20^th century. There were two ways to change the constitution. First, a joint resolution must pass two consecutive legislative sessions and be given an affirmative vote by the people in the next election. An initiative was the other tool, which mandated a petition system to get the question placed on the ballot, then given an affirmative vote by the people in two consecutive elections.

Chairman Price commented Assemblyman Goldwater’s intention for the resolution was not to deal with land and water rights, but with financial trusts. The Chair indicated he would like to take action on those resolutions.

Ms. Von Tobel handed out an article on estate planning to the committee (Exhibit D). She stated that resolution would be good for the State of Nevada, citing the benefits other states experienced when they repealed the laws against perpetuities.

Chairman Price said he would entertain a motion on A.J.R. 17 of the
69^th Session. He advised the committee the resolution could not be amended, clarifying it would be sent on to the people on the 2000 ballot if passed during the current legislative session.

Mr. Gustavson commented he was opposed to the bill because he voted against it in the last legislative session.

The meeting of the Assembly Committee on Constitutional Amendments was adjourned at 5:50 p.m.

RESPECTFULLY SUBMITTED:

Kelly Gregory,

Committee Secretary

APPROVED BY:

Assemblyman Bob Price, Chairman

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