MINUTES OF THE ASSEMBLY COMMITTEE ON JUDICIARY Sixty-eighth Session May 5, 1995 The Committee on Judiciary was called to order at 8:13 a.m., on Friday, May 5, 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. Michael A. (Mike) Schneider Ms. Dianne Steel Ms. Jeannine Stroth COMMITTEE MEMBERS EXCUSED: Mr. Richard Perkins GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: Dennis Neilander, Research Analyst Patty Hicks, Committee Secretary OTHERS PRESENT: None WORK SESSION: Chairman Humke advised A.B. 177 and A.B. 302 were assigned to a subcommittee consisting of Mr. Anderson, Mr. Sandoval, Ms. Buckley, and himself. ASSEMBLY BILL NO. 177 - Revises provisions governing best interests of child in termination of parental rights. Mr. Dennis Neilander, Research Analyst, distributed proposed amendment to A.B. 177 from subcommittee and briefly summarized. It was the consensus of subcommittee relative to presumption to delete the two-tiered presumptions and replace with a one-tier presumption. The other part of A.B. 177 deals with the best interest of a child and jurisdiction of the court in which should come first, fault or best interest. ASSEMBLYMAN ANDERSON MOVED TO AMEND AND DO PASS A.B. 177 WITH ADDITIONS OUTLINED FROM DEPUTY ATTORNEY GENERAL DON WINNE, CHILD AND FAMILY SERVICES OF HUMAN RESOURCES DIVISION. ASSEMBLYMAN MANENDO SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMAN CARPENTER, GOLDWATER, PERKINS AND STEEL WERE NOT PRESENT FOR THE VOTE.) ASSEMBLY BILL NO. 302 - Makes best interests of child determining factor in cases concerning termination of parental rights. ASSEMBLYMAN ANDERSON MOVED TO AMEND AND DO PASS A.B. 302 TO INCLUDE LANGUAGE FROM A.B. 177, SECTION 2. ASSEMBLYMAN BUCKLEY SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMAN CARPENTER, GOLDWATER, PERKINS AND STEEL WERE NOT PRESENT FOR THE VOTE.) ASSEMBLY BILL NO. 503 - Makes various changes to procedures for adoption of child. Amendments by Mr. Tom Reilly of child and family services to A.B. 503 were summarized by Mr. Neilander. On p. 3 Mr. Sandoval requested clarification in reference to biological parent and natural parent if they should be the same. Chairman Humke concurred they should be the same. Mr. Sandoval called attention to a note in the margin that there will be a clarification to add a new section N.R.S. 127. It was ambiguous in the draft. Mr. Neilander explained the bill drafter will clarify that portion. Chairman Humke asked Mrs. Monaghan if she concurred with the amendments to which she responded affirmatively. ASSEMBLYMAN MONAGHAN MOVED TO AMEND AND DO PASS A.B. 503. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMAN CARPENTER AND PERKINS WERE NOT PRESENT FOR THE VOTE.) Mrs. Monaghan agreed to handle the bill on the floor. ASSEMBLY BILL NO. 353 - Increases penalty for commission of assault or battery against emergency medical technician. Last work session, Chairman Humke advised he moved to indefinitely postpone A.B. 353 which he withdrew. A formal roll call vote was taken: ASSEMBLYMAN SCHNEIDER MOVED TO INDEFINITELY POSTPONE A.B. 353. ASSEMBLYMAN MONAGHAN SECONDED THE MOTION. THE MOTION FAILED. (ASSEMBLYMEN CARPENTER, OLDWATER, MANENDO, STEEL, BATTEN, SANDOVAL AND STROTH VOTED NO.) Ms. Steel understood Mr. Nolan has proposed additional amendments to A.B. 353, and she would like to review them. Ample opportunity has been afforded Mr. Nolan to bring forth additional amendments to committee and Mr. Sandoval suggested setting a deadline for submission. Mr. Anderson recommended a deadline of May 15, 1995. Mr. Carpenter remarked it could be scheduled for a work session. Mrs. Monaghan advised she received additional information from Mr. Nolan. Chairman Humke announced Mr. Nolan will be given a date certain of May 15, 1995, to submit amendments. SENATE BILL NO. 285 - Revises requirements for service of writ of garnishment on bank with branch offices or military facilities. Chairman Humke noted there are no amendments brought forth on this bill. ASSEMBLYMAN MONAGHAN MOVED TO DO PASS S.B. 285. ASSEMBLYMAN CARPENTER SECONDED THE MOTION. THE MOTION CARRIED. Mr. Schneider consented to handle the bill on the floor. SENATE BILL NO. 90 - Makes various changes to provisions governing the destruction and admissibility into evidence of certain business records. Mr. Neilander advised this bill provides for the destruction of certain records and the ability of persons to admit records into evidence when they are duplicates. Essentially, it addresses the issue of duplicates. Ms. Buckley advised a duplicate is admissible to the same extent as an original. Basically, you can introduce a copy as evidence instead of the original unless there is a genuine question as to the authenticity, i.e., contract where person states it is not his signature. In that situation, the court would require an original. The second circumstances is basically for unfairness. If the person was authorized to destroy the original, the copy is admissible. Ms. Buckley's concern was if we are moving to advance technology and a consumer has a concern of authenticity on a contract, how would the addition in Section 1 affect the current best evidence law. Mr. Neilander pointed out privately her concern was already taken care of in Section 1, l. 19, because it does require that the copy or technological stored document be sufficiently authenticated. Ms. Buckley commented if there is a question about authenticity, she would have to put people at a disadvantage without an original because of authorization of destruction of originals. Ms. Buckley advised the language in Section 1, l. 19 may add that protection. Mr. Sandoval concurred with Ms. Buckley and asked what the intent was of sufficient authentication. He suggested the language be clarified with the addition of an acknowledgment of signature that all of the documents were copies. Mr. Anderson recommended the two legal scholars develop an amendment for consideration. Mr. Carpenter suggested that county recorders be conferred with to see how they are handling this and if there are any problems. Chairman Humke advised Mr. Neilander pointed out to him there is quite a body of law dealing with authentication which really is the issue here. Chairman Humke noted the committee should consult with Mr. Neilander. Ms. Ohrenschall suggested that perhaps the subcommittee might consider for the public's benefit in large print notify copies of these documents kept by the bank or credit company, etc., may be destroyed after being photo imaged. Therefore, if one wants the originals, keep your own original copies. Chairman Humke remarked it could be a solution. Chairman Humke appointed by agreement of the Co-Chairman an informal subcommittee consisting of Ms. Buckley and Mr. Sandoval to discuss this issue at greater length. SENATE BILL NO. 286 - Revises provisions relating to homestead exemption. Mr. Neilander advised this bill has two parts to it: (1) it increases the homestead exemption; and (2) it attempts to address the problem of persons who are filing homesteads on behalf of other persons. It would require disclosure as to the amount of money required to file a homestead. There was a technical problem with the bill in that Senator James who is a co-sponsor had received correspondence in regard to inclusion of manufactured homes. After review Senator James did not see it as a problem. The technical problem apparently has been resolved. In regard to p. 2, subsection 4, ll. 18-30, disclosure of filing fee for professional services, Ms. Steel recommended the notification be required for solicitors of this type of business through the mail. Chairman Humke noted there are attorneys who do this for an existing client. It would exempt such attorneys from the requirement of giving the notice. Mr. Neilander proposed the following amendment: "if a person actively solicits other persons to file a declaration of homestead on their behalf and charges or accepted fee or other valuable consideration. . ." ASSEMBLYMAN MONAGHAN MOVED TO AMEND AND DO PASS S.B. 286. ASSEMBLYMAN ANDERSON SECONDED THE MOTION. THE MOTION CARRIED. Ms. Steel consented to handle the bill on the floor. SENATE BILL NO. 264 - Revises requirements for testing of certain offenders for exposure to human immunodeficiency virus. Mr. Neilander advised this bill amends the section of the law that requires exit testing for all prisoners for HIV. The only suggested amendment was that perhaps the determination of who to test is now left within the discretion of the director of prisons. It would depend upon the type of conduct the offender had engaged in. There was a suggestion to tie that somehow to medical or scientific evidence. One suggestion was made to state that the director must in consultation with the medical director of prisons determine what offenders to test. This was the only outstanding issue Mr. Neilander had in his notes. Mr. Carpenter had concerns with the bill. He stated the amount of money, for example, $4,000 is a great deal to pay for protection of not only the public but certainly the people that these former prisoners are going to be in contact with. Mr. Carpenter conferred with the prison officials, who advised if there is a positive test, then they do pass the information onto the wife or whomever. If in fact just one of these tests would prevent someone from becoming infected, the money would be well spent. It is a public health issue and we are trying to do everything we can to prevent the spread of AIDS. Mr. Carpenter remarked the right action was done before during in-depth discussions of this issue, when we mandated this test. In his opinion, the tests should be continued. Mr. Goldwater concurred wholeheartedly with Mr. Carpenter that the expense is well worth it. The issue of HIV testing, society as a whole would love to mandate testing for everyone. In prison we are fortunate because we have a captive audience and they have to be tested for HIV. Mr. Anderson was also concerned about the opportunity for prisoners who may not have been identified by the warden as being high risk. By testing the entire prison population the warden will not be put in the difficult position as to identification of prisoners engaging in high risk activities. The highest number appears to be individuals who acquired the virus as the result of sharing needles. Mr. Anderson advised he could not support the bill without the amendments to include input from both the medical director and the opportunity for those prisoners who may not have been identified by the warden to request testing. If a released prisoner who later tested positive, Mr. Anderson observed it may be possible the state may be liable for not providing protection from HIV infection. Ms. Steel agreed with Mr. Anderson in that it should be an all or nothing proposition. Ms. Ohrenschall concurred with both Mr. Anderson and Mr. Carpenter. One cannot put a price on public health or possible prevention of an epidemic. ASSEMBLYMAN STEEL MOVED TO INDEFINITELY POSTPONE S.B. 264. ASSEMBLYMAN CARPENTER SECONDED THE MOTION. THE MOTION CARRIED. COMMITTEE INTRODUCTION: Mr. Anderson advised of bill drafts from the Attorney General's Office to authorize expediting the proceedings in juvenile court in trials involving children as witnesses of victims. ASSEMBLYMAN ANDERSON MOVED FOR COMMITTEE INTRODUCTION OF BDR 5-647. ASSEMBLYMAN SCHNEIDER SECONDED THE MOTION. THE MOTION CARRIED. Mr. Anderson advised of a bill draft request from Tom Bentz, Executive Director, Nevada Animal Wise Use and Welfare Alliance calling for revised provisions governing prevention of cruelty to animals. ASSEMBLYMAN ANDERSON MOVED FOR COMMITTEE INTRODUCTION OF BDR 50-1868. ASSEMBLYMAN SCHNEIDER SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLY BILL NO. 385 - Makes various changes relating to crimes and criminal gangs. Chairman Humke advised Mr. Close suggested a minor amendment and other amendments are needed to make it palatable. If anyone would agree to work with Mr. Close, it would be good. Mr. Batten questioned the delay of A.B. 395 which was recommended to amend and do pass on April 26, 1995. To date it has not gone to the floor. Chairman Humke replied if he was referring to A.B. 503, the amendments are not back from the bill drafters. Chairman Humke advised the drafters use the first in-first out system. Leadership has been apprised that the committee chairs in both houses are not completely satisfied with the repetitions with which bill drafting processes requests for amendments. Mr. Anderson reminded there are three large pieces of legislation, i.e., SIIS, truth in sentencing bill, and crime bill. Those bills have taken a large percentage of time. Mr. Anderson commented it is a great deal like fishing. You have to be very patient. There being no further business before the committee, the meeting adjourned at 9:20 a.m. RESPECTFULLY SUBMITTED: Patty Hicks, Committee Secretary APPROVED BY: Assemblyman David E. Humke, Chairman Assemblyman Bernie Anderson, Chairman Assembly Committee on Judiciary May 5, 1995 Page