MINUTES OF THE ASSEMBLY COMMITTEE ON JUDICIARY Sixty-eighth Session March 20, 1995 The Committee on Judiciary was called to order at 9:35 a.m., on Monday, March 20, 1995, Chairman Humke presiding in Room 332 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Bernie Anderson, Chairman Mr. David E. Humke, Chairman Ms. Barbara E. Buckley, Vice Chairman Mr. Brian Sandoval, Vice Chairman Mr. Thomas Batten Mr. John C. Carpenter Mr. David Goldwater Mr. Mark Manendo Mrs. Jan Monaghan Ms. Genie Ohrenschall Mr. Richard Perkins Mr. Michael A. (Mike) Schneider Mrs. Dianne Steel STAFF MEMBERS PRESENT: Dennis Neilander, Research Analyst Joi Davis, Committee Secretary OTHERS PRESENT: Stephanie Licht, Lobbyist, Elko County Commissioners Nathan Leising, private citizen Chairman Humke requested committee introduction of B.D.R. 13-450 initiated by Assemblyman Peter Ernaut relating to trusts. B.D.R. 13-450 - Provides for certification to establish content of trust. ASSEMBLYMAN MONAGHAN MOVED FOR COMMITTEE INTRODUCTION OF B.D.R. 13-450. ASSEMBLYMAN PERKINS SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. * * * * * Mr. Anderson requested committee introduction of B.D.R. 14-690 initiated by the city of Las Vegas regarding misdemeanor administrative assessments. B.D.R. 14-690 - Increases amount of administrative assessments for misdemeanors to cover cost of providing court facilities. ASSEMBLYMAN GOLDWATER MOVED FOR COMMITTEE INTRODUCTION OF B.D.R. 14-690. ASSEMBLYMAN MONAGHAN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. Mr. Anderson requested committee introduction of B.D.R. 1-927 initiated from the Clark County Administrative Services regarding justices of the peace. B.D.R. 1-927 - Revises provisions governing number of justices of the peace in townships. ASSEMBLYMAN BUCKLEY MOVED FOR COMMITTEE INTRODUCTION OF B.D.R. 1-927. ASSEMBLYMAN GOLDWATER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. * * * * * Mr. Batten requested committee introduction of a request for bill draft initiated from the Attorney General's office relating to House Resolution 667 in the United States Congress. ASSEMBLYMAN BATTEN MOVED FOR COMMITTEE INTRODUCTION OF THE REQUEST FOR BILL DRAFT. ASSEMBLYMAN ANDERSON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. * * * * * Mr. Anderson announced again the request for committee introduction of B.D.R. 3-644 initiated by the Attorney General's office regarding tort reform. B.D.R. 3-644 - Revises provisions governing tort claims against government. No motion for committee introduction having been brought, B.D.R. 3-644 failed. Mr. Anderson announced he received a Memorandum from Mr. Dave Sarnowski, Chief, Criminal Division, Attorney General's Office regarding the Collections Task Force which was distributed to the members of the committee and is attached hereto as (Exhibit C). ASSEMBLY BILL 43 - Clarifies authority of officer or employee of Federal Government to enforce state laws and exercise powers of peace officer in Nevada. John Carpenter, Assembly District 33, the primary sponsor of A.B. 43, explained the bill gives the state of Nevada and the county sheriff control over enforcing the state statutes on federal lands. He stated A.B. 43 does not change current state law but rather clarifies the existing law. He stated the forest service was attempting to regulate and enforce our statutes on federal lands. The intention of the bill is to insure that federal officer involvement should either come through a specific statute or through a valid cooperative agreement with the county sheriff or other law enforcement agency having the power of enforcement. Ms. Steel asked for a specific instance for clarification purposes. Mr. Carpenter explained the authority must be given from the county sheriff to a federal officer in order to eliminate the harassment of our citizens on public land. Mr. Goldwater asked if there was any Ninth Amendment concern. Mr. Carpenter stated there were none. Mr. Sandoval asked if a federal officer could still retain the power to enforce a violation of a federal statute. Mr. Carpenter stated yes, of course. Stephanie Licht, a representative of the Elko County Commissioners testified in support of A.B. 43. She also provided the committee with a copy of the position statement of the County Commissioners attached hereto as (Exhibit D). Nathan Leising, a private citizen, testified in support of A.B. 43. Mr. Leising, a Douglas County resident and former federal law enforcement officer with the United States Forest Service, concurred with Mr. Carpenter's opening remarks about the bill in that in too many cases forest service officers, under color of the federal forest service law, are attempting to enforce state law in order to stop a person for purposes of investigation. Mr. Leising informed the committee the state of California currently holds that when a peace officer is on duty there is reason enough to be able to stop an individual. Mr. Leising stated the forest service officers are making stops on public roadways in Lake Tahoe "assisting" the local authorities and this, in his opinion, goes beyond their scope of authority. He encourages the passage of A.B. 43. Mr. Leising also provided for the record House Bill 160 from the state of Montana which is a similar bill to A.B. 43 but goes far more in depth. A copy of the Montana bill is attached as (Exhibit E). Mr. Leising informed the committee that forest service officers generally are not sworn, but, will occasionally be deputized by the local authorities. A.B. 43 would still provide the counties with that authority. A discussion was held between Mr. Anderson and Mr. Leising regarding the specifics of A.B. 43 and Mr. Leising's experience as a former forest service officer. ASSEMBLYMAN OHRENSCHALL MOVED TO DO PASS A.B. 43. ASSEMBLYMAN BATTEN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. There being no further business before the committee, the meeting was adjourned at 10:05 a.m. RESPECTFULLY SUBMITTED: Joi Davis, Committee Secretary APPROVED BY: _________________________________________ Assemblyman Bernie Anderson, Chairman _________________________________________ Assemblyman David E. Humke, Chairman Assembly Committee on Judiciary March 20, 1995 Page