(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 148–Assemblyman Brower

 

February 15, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions regarding certain stays of court proceedings during legislative session. (BDR 1‑844)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the judicial department; revising provisions to allow stays of court proceedings if a legislator was hired as an attorney before the start of a legislative session regardless of whether the legislator was hired before the action was commenced; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 1.310 is hereby amended to read as follows:

1-2    1.310  1.  If a party to any action or proceeding in any court or before

1-3  any administrative body is a member of the legislature of the State of

1-4  Nevada, or is president of the senate, [such fact shall be] that fact is

1-5  sufficient cause for the adjournment or continuance of [such] the action or

1-6  proceeding , including, without limitation, any discovery or other pretrial

1-7  or posttrial matter involved in the action or proceeding, for the duration

1-8  of any legislative session.

1-9    2.  If an attorney for a party to any action or proceeding in any court or

1-10  before any administrative body, who was actually employed [prior to]

1-11  before the commencement of [such action or proceeding,] any legislative

1-12  session, is a member of the legislature of the State of Nevada, or is

1-13  president of the senate, [such fact shall be] that fact is sufficient cause for

1-14  the adjournment or continuance of [such] the action or proceeding ,

1-15  including, without limitation, any discovery or other pretrial or posttrial

1-16  matter involved in the action or proceeding, for the duration of any

1-17  legislative session.

1-18    3.  The adjournment or continuance provided for in subsections 1 and 2

1-19  [shall] must be granted without the imposition of terms.

 

1-20  H