The Senate Committee on Judiciary was called to order by Chairman Mark A. James, at 8:30 a.m., on Wednesday, March 3, 1999, in Room 2149 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 Mark A. James, Chairman

Senator Jon C. Porter, Vice Chairman

Senator Maurice Washington

Senator Valerie Wiener

Senator Terry Care

COMMITTEE MEMBERS ABSENT:

Senator Mike McGinness (Excused)

Senator Dina Titus (Excused)

GUEST LEGISLATORS PRESENT:

STAFF MEMBERS PRESENT:

Silvia Motta, Committee Secretary

OTHERS PRESENT:

Chairman James called the meeting to order and opened the hearing on Assembly Bill (A.B.) 24.

Assemblyman Bernard (Bernie) Anderson, Washoe County Assembly District No. 31, referred to Exhibit C, a summary describing the accounting procedures used by the courts to collect fines, forfeitures and administrative assessment fees. Mr. Anderson stated that A.B. 24 was acceptable to and recommended by the courts in the hope of receiving some aid in the collection of fines. He noted some of the controversial issues of this area are being further reviewed by the Assembly.

Chairman James inquired about the changes made to A.B. 24 from the previous version of the bill; i.e., the difference between local governments and the courts with respect to the credit card issuers’ charges for use of the card. Brad Wilkinson, Committee Counsel, Legal Division, Legislative Counsel Bureau, responded the language was intended to clarify that courts and local governments may contract to accept credit cards.

Mr. Anderson concluded his testimony on A.B. 24, and Chairman James opened the hearing on Assembly Concurrent Resolution (A.C.R.) 2.

Assemblyman Anderson referred to Exhibit C to continue with his testimony. He stated this resolution was proposed based on information received that indicated state courts did not have adequate accounting control to collect, record or deposit fines. Mr. Anderson added the Administrative Office of the Courts has implemented various changes to improve some of the problems in collecting fines and other fees by contracting with collection agencies and credit card companies.

Chairman James reopened the hearing on A.B. 24.

Alfredo Alonso, Lobbyist, Citibank (Nevada) NA, spoke in favor of A.B. 24, and expressed his concern of the existing language in the law written as "contracts with issuers;" however, line 3, section 1, subsection 1 of the bill is written as "contract with an issuer." He emphasized changes are needed to avoid contracting with one particular bank or one particular type of credit card as opposed to opening it to everyone.

Chairman James explained the language of "local government" includes the courts under the present statute. He established that the law could not be misconstrued. Mr. Alonzo remarked that some of the courts may not always see the real intent of the law.

Ben Graham, Lobbyist, Clark County District Attorney, voiced his support for A.B. 24.

Chairman James closed the hearing on A.B. 24, and reopened the hearing on A.C.R. 2.

Brian Doran, Deputy Court Administrator and Deputy Director of the Administrative Office of the Courts, Office of the Court Administrator, clarified it would be conflicting for courts to add an excessive fee to credit cardholders when paying fines, as opposed to cash fines. Mr. Doran then submitted to the committee an AOC (Administrative Office of the Courts) report (Exhibit D) concerning fines, fees, forfeitures and administrative assessments imposed and collected by the courts. He stated the AOC has supported A.C.R. 2 and assisted the courts in establishing accounting procedures.

Mr. Doran added, based on a Nevada Supreme Court order, there will be training and meetings scheduled every 2 months to complete such training by the next legislative session.

Mr. Graham offered additional points on A.C.R. 2. He said the justice court judges and municipal judges gather every year to address basic difficulties, such as excusing outstanding warrants of indigents and homeless people, including a percentage of citations that have no possibility of payment. Mr. Graham added, the courts’ accounting system is essential, and real strides have been made to maintain a uniform system among courts throughout the State of Nevada.

There being no further testimony on A.C.R. 2, Chairman James closed the hearing and adjourned the meeting at 9:33 a.m.

RESPECTFULLY SUBMITTED:

Silvia Motta,

Committee Secretary

APPROVED BY:

Senator Mark A. James, Chairman

DATE: