MINUTES OF THE meeting

of the

ASSEMBLY Committee on Judiciary

 

Seventy-First Session

February 6, 2001

 

 

 

 

The Committee on Judiciary was called to order at 9:00 a.m., on Tuesday, February 6, 2001.  Chairman Bernie Anderson presided in Room 3138 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.    Bernie Anderson, Chairman

Mr.    Mark Manendo, Vice Chairman

Mrs.  Sharron Angle

Mr.    Greg Brower

Ms.   Barbara Buckley

Mr.    John Carpenter

Mr.    Jerry Claborn

Mr.    Tom Collins

Mr.    Don Gustavson

Mrs.  Ellen Koivisto

Ms.   Kathy McClain

Mr.    Dennis Nolan

Mr.    John Oceguera

 

 

COMMITTEE MEMBERS ABSENT:

 

Ms.   Genie Ohrenschall (Excused)

 

 

STAFF MEMBERS PRESENT:

 

Nicolas Anthony, Committee Policy Analyst

Risa B. Lang, Committee Counsel

Rebekah Langhoff, Committee Secretary

 

Chairman Anderson began the meeting with his opening remarks and introductions (Exhibit C).  Chairman Anderson reminded the committee members that the meeting was being recorded and broadcast over the Internet both in audio and visual format and that any comments made before or after the meeting may be transmitted.  Chairman Anderson advised that the link to listen to committee meetings was found on the Internet at www.leg.state.nv.us and that audio tapes of the meetings could be made available for purchase.

 

Chairman Anderson introduced himself and indicated that he represented Washoe County Assembly District 31.  Chairman Anderson has served for six legislative sessions and has been a member of the Assembly Judiciary Committee since 1991.  He served as Chairman of the Assembly Judiciary Committee  for the 1997-1998 session and as Co-Chairman during the 1995 session.  He stated he was honored to once again serve as the committee’s Chairman. 

 

Chairman Anderson then introduced the members of the Assembly Judiciary Committee; he recognized that 13 of the members were returning members to the committee.  Assemblyman Mark Manendo of Las Vegas would serve as Vice Chairman of the committee, as he had during 1999 session.  Assemblywoman Barbara Buckley of Las Vegas was a returning member to the committee and would serve as the Majority Floor Leader.  Assemblyman John Carpenter of Elko was the ranking member of the Judiciary Committee, having served on the committee since 1987.  Chairman Anderson welcomed back the other returning members of the committee:  Assemblywoman Genie Ohrenschall of Las Vegas, Assemblyman Tom Collins of Clark County, Assemblywoman Ellen Koivisto of Las Vegas, Assemblyman Dennis Nolan of Clark County, Assemblyman Don Gustavson of Sun Valley in Washoe County, Assemblywoman Kathy McClain of Las Vegas, Assemblyman Jerry Claborn of Las Vegas, Assemblywoman Sharron Angle of Reno, and Assemblyman Greg Brower of Reno.  Chairman Anderson extended a warm welcome on behalf of the committee to its only new member, Assemblyman John Oceguera of Las Vegas. 

 

Chairman Anderson introduced Nick Anthony, who would serve as the Committee Policy Analyst and was a Senior Research Analyst in the Research Division of the Legislative Counsel Bureau.  Risa Lang, Principal Deputy Legislative Counsel in the Legal Division, would again serve as legal counsel to the committee, and would be assisted by Deputy Legislative Counsels Leslie Hamner and Scott Eichhorn.  Additionally, Research Analyst Michelle Van Geel returned to assist the committee and would be responsible for researching many of the committee’s requests for information, in addition to staffing subcommittees that may be created. 

 

Chairman Anderson then introduced his personal secretary and the Committee Manager, Kelly Minton, and the committee secretaries assigned to the Judiciary Committee; Rebekah Langhoff, Deborah Rengler, Sharon Scudder and Cheri Byrom. 

 

Chairman Anderson presented the committee members and staff with the “team jersey,” being a personalized folder engraved for the Assembly Judiciary Committee, 71^st Session.

 

Chairman Anderson informed the meeting that the Assembly Judiciary Committee was one of the busiest committees in the legislature and that many bills may die in this committee.  The committee had jurisdiction over all chapters contained in 15 titles of the Nevada Revised Statutes (NRS), and another 16 chapters in other titles, for a total of almost 200 chapters of the NRS.  The Judiciary Committee had responsibility for a wide range of issues, including laws that related to juvenile justice, domestic relations, trusts, wills, estates of deceased persons, the judicial branch, state government, gaming, crimes, penalties and business transactions. 

 

Chairman Anderson announced that the committee would begin its meetings at 9:00 a.m. on Mondays and at 8:00 a.m. on all other days.  If workload constraints so required, the committee might begin its meetings as early as 7:30 a.m. on days other than Mondays.  It was anticipated that meetings would be adjourned by 10:30 a.m. each day there was a floor session.  Chairman Anderson emphasized the importance of courtesy and respect in dealing with other members of the committee, staff and all persons who came before the committee.  The committee should never forget that they were there to serve the public and committee members should pay attention during testimony and not be argumentative with witnesses or other committee members. 

 

Chairman Anderson then reviewed his limits and deadlines for the committee.  Once a bill was introduced, Chairman Anderson planned to schedule the bill for hearing as soon as possible, possibly within one week after introduction.  If a committee member had a bill introduced and was not prepared to present it in the very near future, Chairman Anderson requested that he be notified with a specific date, not more than two weeks in the future, as to when the committee member would be ready for the hearing.    Chairman Anderson was in the process of scheduling all prefiled bills and provided the committee with an outline of the anticipated agenda for the near future.  Chairman Anderson intended to provide a weekly outline for the committee on each Friday.  Due to the time limit imposed by a 120-day session, more bills than usual would be scheduled for each hearing and testimony would be limited in many instances.  Except for prearranged presentations requested by the Chairman, all witnesses would be limited to five minutes unless the committee requested further testimony.  Subcommittees or individual members appointed to work on a bill were expected to report back to the committee within ten days or less.  As the deadlines for committee action on bills approached, other deadlines might be shortened.  Initial conference committees that were appointed should report back within seven days and second conference committees should report back within five days.  As the end of session approached, conference committee deadlines might be shortened to as little as a few hours. 

 

Chairman Anderson informed the committee that presentations would be heard the next day on Nevada criminal law jurisdiction and procedure and the Nevada court system.  On Thursday, February 8, 2001, the committee would hear a presentation from Nevada’s Department of Prisons and would then begin hearing bills.  On Friday, February 9, 2001, and continuing into the following week, the committee would hear a presentation from Gary Crews, Legislative Auditor, on the findings on the audits of the Division of Parole and Probation, the Department of Prisons’ Sex Offender Certification Panels, and the Bureau of Alcohol and Drug Abuse.

 

Chairman Anderson remarked that he was looking forward to working with the entire committee and felt fortunate to have such a strong committee.  Committee members should advise the committee secretary if they had any special requests such as supplies or a minute book.  As to the committee minutes, Chairman Anderson would be asking two other members in addition to himself, Mr. Anthony and the committee secretaries, to review the minutes.  Chairman Anderson reminded the members that folders left in the committee room were not secure and confidential material should not be left in the room or the members’ folders.

 

Chairman Anderson offered to recognize any member who wished to address the committee and pointed out that members should raise their hands if they wished to be called upon. 

 

Mr. Collins voiced his enthusiasm to be of assistance to the committee and its members.

 

Mr. Carpenter said he was glad to be back on the committee for his sixteenth or seventeenth year.

 

Ms. Buckley announced that she was pleased to be returning to the committee and welcomed the committee’s newest member.  Ms. Buckley advised, that of all of the committees she had served on, she enjoyed the Judiciary Committee the most because of the diverse issues that are considered.

 

Mr. Nolan advised he was happy to be back and looked forward to working with the committee again.

 

Ms. McClain expressed that she was happy to be back, and she enjoyed serving on the Judiciary Committee because it dealt with such broad and interesting issues.

 

Mr. Claborn stated that he was happy to see all of the committee members and he was ready to go to work.

 

Mr. Gustavson noted it was a pleasure for him to be back on the Judiciary Committee, which was one of his favorite committees because of its diversity.  Mr. Gustavson also welcomed Mr. Oceguera to the committee.

 

Mr. Manendo announced he was pleased to once again serve as Vice Chairman and was looking forward to working with the committee.

 

Mr. Brower advised it was a pleasure to be back.

 

Chairman Anderson then turned the committee’s attention to the proposed Standing Rules of the Assembly Judiciary Committee (Exhibit D).  The proposed Standing Rules contained a few minor changes from previous Standing Rules.  Chairman Anderson noted that Section 1 of the Standing Rules was simply a restatement of an Assembly Standing Rule, and he noted that motions without a second would be given no further consideration.  Chairman Anderson pointed out the most significant change to the rules was that committee minutes would not be returned to the committee for a motion before being released to the Internet.  Once the Chairman had signed committee minutes they would immediately be released to the Internet, making a motion by the committee redundant and unnecessary.  Chairman Anderson also noted the rules required “unless a Committee member advises the Chair otherwise, it will be presumed that the members will vote during a floor session consistent with their vote in Committee.”  The committee was also advised that, consistent with Rule 14, a plaque had been placed at the witness table to inform witnesses before the committee that any person who misinforms the committee, either in committee or out of committee, was potentially guilty of a misdemeanor.  Rule 17 had been included to provide clarification that all direction, assignments or requests by the committee should be given by the Chair of the committee rather than individual committee members.

 

Chairman Anderson then announced that he would entertain a motion for adoption of the proposed Standing Rules. 

 

ASSEMBLYMAN MANENDO MOVED TO ADOPT THE STANDING RULES OF THE ASSEMBLY JUDICIARY COMMITTEE.

 

            ASSEMBLYMAN CARPENTER SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.

 

Chairman Anderson then requested Mr. Anthony to approach the witness table for his presentation.

 

Mr. Anthony, Senior Research Analyst, Legislative Counsel Bureau, presented an overview of the Committee Brief (Exhibit E) along with a brief review of the 120-day session deadlines for the Nevada Legislature 2001 Session.  The Committee Brief provided general background information and summarized selected issues pertaining to the Assembly Committee on Judiciary.  The major components of the brief included the jurisdiction of the committee, a review of major topics addressed by the committee last session, an overview of issues likely to be considered by the committee in the current session and a list of key judiciary contacts.

 

Mr. Anthony advised that the Assembly Committee on Judiciary had jurisdiction over the first 16 titles of the Nevada Revised Statutes (NRS), with the exception of Titles 8 and 10, Title 41 on gaming, and selected chapters on topics related to joint obligations, the Uniform Commercial Code, real property, public administrators and guardians, fire crimes, reckless driving, driving under the influence and mining corporations and partnerships.

 

Mr. Anthony informed the committee that during the 1999 session, 85 percent of the bills approved by the Assembly Committee on Judiciary became law.  Some primary issues addressed by the committee during the 1999 session included the criminal justice system, civil law and liability, the courts, domestic relations, gaming and driving under the influence. 

 

Mr. Anthony then reported on some of the major issues considered by the legislature during the 1999 session:

 

• In the area of criminal justice, the legislature increased the penalties for violence on school campuses, aggravated stalking, high-tech crimes, crimes involving victims over the age of 65 and for abusing or killing animals.  The legislature also strengthened provisions relating to sex offender registration and community notification. 

 

• In the area of concealed weapons A. B. 166 of the Seventieth Session was passed which allowed a person with a concealed weapons permit to carry a weapon in a public building unless posted otherwise. 

 

• In the area of civil law and liability, the legislature passed measures to limit and clarify the liability of government agencies and private citizens in certain areas including eminent domain and emergency medical care.  The legislature also approved legislation restricting lawsuits against gun manufacturers and measures relating to defective residential construction. 

 

• Many important measures affecting the courts were considered by the Assembly Committee on Judiciary during the 1999 session including, procedures and reporting in family courts, adding a district judge to the Fifth Judicial District, qualifications of justices of the peace, monetary limits in justice courts, allowing courts to accept credit cards, and bills concerning alternative dispute resolution. 

 

• In the area of domestic relations, A.B. 158 of the Seventieth Session was enacted to help bring Nevada into compliance with the Federal Adoption and Safe Families Act and A.B. 436 of the Seventieth Session expanded the rights of grandparent visitation.  Domestic violence and child support measures were also considered by the committee.

 

• In the area of gaming, the committee heard measures restricting neighborhood gaming, regulation of slot operators and smoking in slot machine areas in grocery stores.

 

• S.B. 481 of the Seventieth Session, the most significant legislation passed in the area of driving under the influence, made it unlawful for any person to drive under the influence of a prohibited substance including narcotics.

 

During the 1999-2000 interim, studies were conducted on juvenile justice, civil damages against the state, and child welfare.  Under the A.C.R. 13 interim study, some of the major issues considered in the area of juvenile justice included:  assessment instruments, intermediate sanctions and interventions, substance abuse issues, youth gang problems, a statutory legislative committee on juvenile justice, certification of juvenile offenders to adult status and minority overrepresentation in the juvenile justice system.  In the area of tort damages, A.C.R. 46 examined the adequacy of compensation available to tort victims who were seriously injured by public entities.  This study resulted in a bill draft request that increased the current statutory limitation on damages and created a fund to provide additional reimbursement.  A.C.R. 53 studied the integration of child welfare functions between Nevada’s urban counties and the Division of Child and Family Services.  The study’s recommendations included the proposed adoption of a model to transfer responsibilities to the largest counties, funding for additional improvements, formation of a children, youth and family subcommittee and assisting children who had aged out of foster care.

 

Mr. Anthony advised the committee of federal issues that could impact the committee during the current session, including the blood alcohol content national standard of .08 for drunk driving.  States that do not adopt the .08 standard may risk losing a portion of federal highway funds; however, states adopting the standard by 2007 may have withheld funds returned.

 

On that topic, Mr. Carpenter asked if research had been conducted to determine whether legislation requiring the .08 blood alcohol content standard, only when damage had occurred, qualified under the federal legislation, or if the .08 standard must be passed with no restrictions.  Chairman Anderson then inquired of Ms. Lang whether the Legal Division had additional information on the subject.  Ms. Lang advised that the .08 issue had been researched and the committee would be receiving more information on the issue.  Mr. Collins requested that the issue of the return of withheld funds be further researched and requested clarification on the question of whether or not there was an option for a defendant to plead to another equal charge, but not a driving under the influence charge, if the limit was lowered.  Chairman Anderson advised that a thorough presentation would be provided on those issues at a later time.  Ms. McClain inquired if the legislation the committee would be addressing relative to the .08 blood alcohol content would include operating under the influence on waterways.  Chairman Anderson indicated his belief that the committee would also be dealing with waterways issues.

 

Mr. Nolan advised the committee there currently was a court case that was testing S.B. 481 which dealt with driving under the influence of illicit substances and which the committee worked on last session.  Mr. Nolan felt it would be helpful for the committee to receive an update and some details regarding the case.  Chairman Anderson indicated that he intended to ask the District Attorney’s Association to update the committee on several pieces of current litigation.

 

Mr. Anthony then discussed the 120-day session calendar and reviewed some of the important dates and rules (Exhibit F).  As session had convened, senators would be limited to four bill draft requests (BDRs) and members of the assembly would be limited to two.  All individual legislator BDRs were to be submitted by February 12.  Standing committees were to submit their BDRs by February 26.  Each house of the legislature would be limited to 50 BDRs, which would be allocated among the committees by leadership.  All BDRs were to be introduced no later than ten calendar days after delivery by the Legal Division.  If
revisions were necessary, the revisions would be given priority and the revised BDR must be introduced within 5 days after it was returned to the legislator or committee, but in no event later than 20 days after initial delivery.  This limitation would be in addition to the final deadline for introduction, March 19, for bills requested by individual legislators and March 26 for bills requested by committees.

 

Appropriations, measures, resolutions pertaining to legislative business, and memorial resolutions would be exempt from the limits and deadlines.  Also, leadership could request a few emergency BDRs that would not be subject to the deadlines.  Any measure falling outside those exceptions would require the leaders of both houses to jointly sign a written waiver before any deadline could be extended.  The legislature must adjourn sine die no later than midnight Pacific standard time 120 days following its commencement.  Any legislative action taken after that deadline, Monday, June 4, 2001, for the current session, would be void.  Other deadlines included April 16, the deadline for passing bills out of committee in the house of origin; April 27, the deadline for passing bills out of the first house; May 21, the deadline for passing bills out of committee in the second house; and May 28, the deadline for passing bills out of the second house.

 

Chairman Anderson then advised the committee that he preferred requests for committee introductions to be submitted to him as early as possible and in writing, not by e-mail. 

 

There being no further business before the committee, Chairman Anderson adjourned the meeting at 9:55 a.m.

 

RESPECTFULLY SUBMITTED:

 

 

           

Rebekah Langhoff

Committee Secretary

APPROVED BY:

 

 

                                                                                         

Assemblyman Bernie Anderson, Chairman

 

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