MINUTES OF THE

ASSEMBLY Committee on Judiciary

Seventieth Session

May 25, 1999

 

The Committee on Judiciary was called to order at 9:10 a.m., on Tuesday, May 25, 1999. Chairman Bernie Anderson presided in Room 3138 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. All Exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

 

COMMITTEE MEMBERS PRESENT:

Mr. Bernie Anderson, Chairman

Mr. Mark Manendo, Vice Chairman

Mr. Greg Brower

Mr. John Carpenter

Mr. Jerry Claborn

Mr. Tom Collins

Mr. Don Gustavson

Mrs. Ellen Koivisto

Ms. Kathy McClain

Mr. Dennis Nolan

Ms. Genie Ohrenschall

COMMITTEE MEMBERS ABSENT:

Ms. Sharron Angle (Excused)

Ms. Barbara Buckley (Excused)

Ms. Sheila Leslie (Excused)

STAFF MEMBERS PRESENT:

Donald O. Williams, Committee Policy Analyst

Risa B. Lang, Committee Counsel

Jennifer Carnahan, Committee Secretary

After roll was called, Chairman Anderson noted a quorum was present. He further noted the committee had two issues to address. One of them dealt with Assembly Bill 689. He explained the committee needed to rescind the action it took yesterday so additional technical amendments could be added. In addition, he explained the executive department had raised concerns with the provisions of the bill regarding fluoride.

Assembly Bill 689: Amends Assembly Bill No. 284 of 1999 Legislative Session. (BDR 40-1760)

ASSEMBLYWOMAN OHRENSCHALL MOVED TO RESCIND THE AMEND AND DO PASS ACTION TAKEN ON A.B. 689.

ASSEMBLYMAN CARPENTER SECONDED THE MOTION.

THE MOTION CARRIED. ASSEMBLYMEN COLLINS AND NOLAN AND ASSEMBLYWOMEN ANGLE, BUCKLEY, AND LESLIE WERE NOT PRESENT FOR THE VOTE.

Chairman Anderson explained the second item before the committee was a proposed amendment to Assembly Bill 688. The proposed amendment was attached as Exhibit B.

Assembly Bill 688: Amends Assembly Bill No. 456 of 1999 Legislative Session. (BDR 11-1752)

After the proposed amendment was distributed for the committee’s review, Chairman Anderson pointed out there had been concerns raised by the Governor’s office about whether or not the bill actually lessened the crime. The proposed amendment was offered in order to ensure the best interest of the child was maintained and the penalties would not be lessened. He noted the amendment had been approved by the Governor’s Office as well as other interested parties.

Assemblyman Carpenter asked for clarification in regard to the definition of a guardian. He pointed out if a parent was the guardian but in jail, they were not "really going to be around."

Ms. Lang stated it was her understanding that if a parent did not lose full custody, then the parent would still have the right to make decisions for the child.

Chairman Anderson believed the amendment asserted the rights of the child. He reiterated sole or joint custody of the child by the convicted person would be presumed not to be in the best interest of the child. He suggested the committee process the bill and any concerns could be resolved before action was taken on the floor.

ASSEMBLYWOMAN OHRENSCHALL MOVED AMEND AND DO PASS A.B. 689, TO INCLUDE THE PROPOSED AMENDMENT (EXHIBIT B).

ASSEMBLYWOMAN KOIVISTO SECONDED THE MOTION.

THE MOTION CARRIED. ASSEMBLYMEN COLLINS AND NOLAN AND ASSEMBLYWOMEN ANGLE, BUCKLEY, AND LESLIE WERE NOT PRESENT FOR THE VOTE.

At 9:25 a.m., Chairman Anderson stated the committee would stand in recess subject to the call of the Chair.

RESPECTFULLY SUBMITTED:

 

 

Jennifer Carnahan,

Committee Secretary

 

APPROVED BY:

 

 

Assemblyman Bernie Anderson, Chairman

 

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