MINUTES OF THE SUBCOMMITTEE OF THE

SENATE committee on Judiciary

 

Seventy-First Session

April 4, 2001

 

 

The subcommittee of the Senate Committee on Judiciarywas called to order by Chairman Terry Care, at 10:00 a.m., on Wednesday, April 4, 2001, in Room 2149 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Agenda.  There was no Attendance Roster.  All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

 

COMMITTEE MEMBERS PRESENT:

 

Senator Terry Care

 

STAFF MEMBERS PRESENT:

 

Bradley A. Wilkinson, Committee Counsel

Allison Combs, Committee Policy Analyst

Carolyn Allfree, Committee Secretary

 

OTHERS PRESENT:

 

John P. Sandee III, Lobbyist, Nevada Bankers Association

Andrew A. List, Lobbyist, Nevada Association of Counties

 

Chairman Care opened the hearing on Senate Bill (S.B.) 88.

 

SENATE BILL 88:  Provides for creation and foreclosure of liens for farm products. (BDR 9-643)

 

Senator Care presented “Proposed Amendments to Senate Bill No. 88” (Exhibit B).  Referring to Exhibit B, he said there had been some disagreement over the 90-day language in section 9.5, and people had suggested 14 days as a sufficient period of time for recording a notice of lien pursuant to this section.  He said there was also discussion over whether the notice should be filed with the county recorder or the secretary of state.  Additionally, he said, there was a suggestion the last 5 words, “that has not been segregated,” be deleted from section 10, line 11, of the proposed amendment, and the word “nonproprietary” be added to section 13, at the beginning of line 38 of the proposed amendment, so the sentence reads, “. . . a quantity of a processed nonproprietary farm product . . . .”  Senator Care said he thinks a definition of “nonproprietary” is needed.

 

John P. Sandee III, Lobbyist, Nevada Bankers Association, said the Nevada Bankers Association prefers to rely upon the Uniform Commercial Code (UCC), without a special lien statute.  However, he said, they understand the plight of the growers and, therefore, would be neutral to a bill if a shorter filing time were provided.  He said 45 days would be acceptable, and they prefer the notice be filed with the secretary of state, rather than with the county recorder.

 

Andrew A. List, Lobbyist, Nevada Association of Counties (NACO), said he agrees 45 days is an adequate time period for filing the notice of lien, and the secretary of state “would be a fine place to file it,” to be in agreement with the UCC requirements.

 

Senator Care said, “We will get it drafted and get it before the full committee.” 

There being no further business, the meeting was adjourned at 10:26 a.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

 

Carolyn Allfree,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Terry Care, Chairman

 

 

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