MINUTES OF THE meeting
of the
ASSEMBLY Committee on Constitutional Amendments
Seventy-First Session
March 6, 2001
The Committee on Constitutional Amendments was called to order at 5:00 p.m., on Tuesday, March 6, 2001. Chairman Bob Price presided in Room 3161 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. Bob Price, Chairman
Mr. Harry Mortenson, Vice Chairman
Mr. Greg Brower
Ms. Merle Berman
Mr. Don Gustavson
Ms. Kathy McClain
Mr. John Oceguera
Mr. David Parks
COMMITTEE MEMBERS ABSENT:
None
GUEST LEGISLATORS PRESENT:
Assemblywoman Chris Giunchigliani, Assembly District 9
STAFF MEMBERS PRESENT:
Robert Erickson, Committee Policy Analyst
Linda Lee Nary, Committee Secretary
OTHERS PRESENT:
Verna Weber, Nevada Alliance for Mentally Ill of Northern Nevada
Lynda Dill, Administrative Office of the Courts
Assembly Joint Resolution 3: Proposes to amend Nevada Constitution to revise provisions governing right to vote. (BDR C-1009)
Assemblywoman Chris Giunchigliani spoke in favor of A.J.R. 3, which would delete the obsolete words “idiot” and “insane” from the Nevada Constitution. Black’s Law Dictionary stated that the terms were archaic and were no longer used in legal or medical contexts. Though caution should be exercised when amending the Constitution, this was one area in which it might be worthwhile. The terminology Ms. Giunchigliani suggested for drafting was “a person who has been adjudicated mentally incompetent unless restored to legal capacity.” Most states used this terminology.
Nevada still had two statutes, in NRS 278 and NRS 279, which referred to “idiot,” but this committee only dealt with the constitutional issue. Only Iowa continued to employ this term in its constitution. Washington removed it from the voter qualification section in 1998 and used the phrase “all persons that are judicially declared mentally incompetent.” A.J.R. 3 put Nevada “in standing” with what other states had done to eliminate archaic and offensive language. Ms. Giunchigliani urged the committee to take this into consideration. A letter of support from Rosetta Johnson (Exhibit C) was distributed.
How did county registrars of voters confirm that persons fit these categories, Assemblyman Brower asked. The understanding was that the court would notify, as they did with felon lists.
Verna Weber, a member of the Nevada Alliance for the Mentally Ill of Northern Nevada, spoke of her son who had schizophrenia and did vote. She did not wish to have him called “idiot.”
Chairman Price introduced Amendment No. 28 (Exhibit D) to amend A.J.R 3, page 1, after line 19, by inserting: “And be it further resolved, that Section 34 of Article 4 of the Constitution of the State of Nevada is hereby repealed.” This obsolete section allowed it was the duty of the legislature to elect U.S. Senators, yet popular elections of U.S. Senators became part of the U.S. Constitution in 1913.
Ms. Giunchigliani asked about the preparation of enabling language for the purpose of the ballot question. Robert Erickson, Committee Policy Analyst, stated the statute permitted two ways: through resolution during the session, or through the Legislative Commission after session.
ASSEMBLYMEN MORTENSON MOVED TO AMEND AND DO PASS A.J.R. 3.
ASSEMBLYMAN PARKS SECONDED.
THE MOTION CARRIED UNANIMOUSLY.
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Assembly Joint Resolution 13 of the 70th Session: Proposes to amend Nevada Constitution to revise term of office of justice of the supreme court or judge of district court who is appointed to fill vacancy. (BDR C-916)
Lynda Dill, Management Analyst, Administrative Office of the Courts, requested that A.J.R 13 of the Seventieth Session be passed and sent to the voters. Appointees to vacancies in the Supreme Court or district courts had been required to run for the office in the very next general election after appointment. This bill postponed that election until after the appointee had served 12 months, unless the appointment came within 12 months of the expiration of the elected term.
As there were no further questions or testimony, Chairman Price requested a motion for DO PASS.
ASSEMBLYMAN PARKS MOVED TO DO PASS A.J.R. 13 OF THE 70TH SESSION.
ASSEMBLYMAN GUSTAVSON SECONDED.
THE MOTION CARRIED UNANIMOUSLY.
The Chair wished to continue discussion on A.J.R. 4 of the 70th Session, the constitutional rule against perpetuities. Assemblyman Mortenson voiced some concern based on the testimony delivered at the February 23, 2001, meeting but stated that possibly the statute covered the issues. If the trustee had the power to dissolve the trust over a period of years, it seemed this language should have been in the constitution, which could be repealed, not in a statute. He apologized that he was unprepared to discuss the resolution at this meeting.
Chairman Price said that the action could be taken at the next meeting. In preparation for the future discussion, Assemblyman Parks wanted to know why Delaware and Idaho did put a time limit on real property. Mr. Price promised to conduct research. Mr. Parks added that six states had abolished the rule and perhaps a comparison of the variations would be helpful. As any change to the constitution was important, Assemblyman Mortenson desired to have more testimony and discussion time.
There was no further business. The meeting adjourned at 5:33 p.m.
RESPECTFULLY SUBMITTED:
Linda Lee Nary
Committee Secretary
APPROVED BY:
Assemblyman Bob Price, Chairman
DATE: