MINUTES OF THE ASSEMBLY COMMITTEE ON JUDICIARY Sixty-eighth Session May 24, 1995 The Committee on Judiciary was called to order at 8:00 a.m., on Wednesday, May 24, 1995, Chairman Anderson 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 Ms. Dianne Steel Ms. Jeannine Stroth GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: Dennis Neilander, Research Analyst Patty Hicks, Committee Secretary OTHERS PRESENT: Mr. Dennis Healy, Nevada Highway Patrol Association Mr. Brent Kolvet, Esq. OTHERS PRESENT: Mr. Roger D. Comstock Mr. Gary Wolff, Nevada Highway Patrol Association Mr. Wayne Carlson, Ms. Valerie S. Cooney, President, Nevada Trial Lawyers Association ASSEMBLY BILL NO. 264 - Increases limitation on amount of damages recoverable in certain tort actions. Chairman Anderson announced A.B. 264 has been withdrawn by the Nevada Trial Lawyers Association. Also, enclosed for the record is Nevada Attorney General's letter of May 23, 1995, in opposition to A.B. 264, attached as (Exhibit C). ASSEMBLY BILL NO. 604 - Revises provisions governing recoupment of expenses of defense of indigents. Assemblyman Brian E. Sandoval, District No. 25, sponsor, testified the intent was to effect only the adults and not the juveniles. Mr. Sandoval distributed proposed amendment to A.B. 604 for review, attached as (Exhibit D). ASSEMBLYMAN CARPENTER MOVED TO AMEND AND DO PASS A.B. 604. ASSEMBLYMAN MONAGHAN SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMEN STEEL AND HUMKE WERE NOT PRESENT FOR THE VOTE.) WORK SESSION: ASSEMBLY BILL NO. 292 - Provides for disposition of certain pension or retirement benefits upon dissolution of marriage. Mr. Neilander, Research Analyst, distributed work session document, attached as (Exhibit E), and briefly summarized the report of the subcommittee. Ms. Buckley advised the areas were broken down into the major sections of the bill, and the proposed amendment was the result of interested parties working together and are in full agreement with the work document and amendments. Mr. Dennis Healy and Gary Wolff, Nevada Highway Patrol Association, and Ms. Valerie S. Cooney, President, Nevada Trial Lawyers Association, affirmed they were in support of A.B. 292, as amended. Mrs. Monaghan commented this particular bill was a difficult issue to understand and work on and appreciated everyone's ability to work together to make it easier. ASSEMBLYMAN BUCKLEY MOVED TO AMEND AND DO PASS A.B. 292. ASSEMBLYMAN BATTEN SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMEN GOLDWATER, HUMKE, PERKINS AND STEEL WERE NOT PRESENT FOR THE VOTE.) ASSEMBLY BILL NO. 152 - Requires arbitration of certain claims relating to residential property. Mr. Neilander informed Mr. Schneider and Mr. Sandoval held a subcommittee hearing in Las Vegas and briefly summarized the report of the subcommittee. Mr. Schneider advised the big concern was trial de novo. He stated the Las Vegas people would prefer to go without trial de novo and advised it would allow the people instead of going to court to get right to arbitration to resolve differences. Mr. Schneider noted the real estate division has signed off on this amendment. Mr. Sandoval commented it is a product of extensive negotiation, hard work and he was in complete support of the bill as amended. Mrs. Monaghan stated Painted Desert is in her district and they are happy with the bill. Mr. Schneider stated as soon as a fax is received from Crockett & Myers, Attorneys At Law, of Las Vegas, he will submit the amendment to the committee, attached as (Exhibit F). COMMITTEE INTRODUCTIONS: ASSEMBLYMAN OHRENSCHALL MOVED FOR COMMITTEE INTRODUCTION OF BDR 11-630. ASSEMBLYMAN SCHNEIDER SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMEN BATTEN, GOLDWATER, MANENDO AND HUMKE WERE NOT PRESENT FOR THE VOTE.) ASSEMBLYMAN SCHNEIDER MOVED TO AMEND AND DO PASS A.B. 152 ALONG THE LINES OF THE WORK DOCUMENT PRESENTED WITH THE INCLUSION OF TRIAL DE NOVO. ASSEMBLYMAN CARPENTER SECONDED THE MOTION. Under discussion it confines its review to the records considered on appeal. Subsection 5 on p. 6, the appeal is only based on the record and does not take new witnesses and testimony. In a trial de novo you take new witnesses and testimony. Mr. Neilander read the proposed changes to the amendment into the record, attached in (Exhibit E). THE MOTION CARRIED. (ASSEMBLYMEN BATTEN, GOLDWATER AND HUMKE WERE NOT PRESENT FOR THE VOTE.) ASSEMBLY BILL NO. 502 - Makes various changes relating to discriminatory practices. Mr. Neilander briefly summarized the report of the subcommittee, attached as (Exhibit G). Ms. Buckley informed receipt of two more letters in support of A.B. 502 from MGM Grand and Southern Nevada Human Resource Association, attached as (Exhibit H). Ms. Ohrenschall noted renovations of accessibility to the handicapped increases property value and it would be a greater benefit to landlords than realized. Ms. Steel stated sometimes the handicapped renovations are unsightly and may have to be removed. ASSEMBLYMAN BUCKLEY MOVED TO AMEND AND DO PASS A.B. 502. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMEN BATTEN, GOLDWATER AND HUMKE WERE NOT PRESENT FOR THE VOTE.) ASSEMBLY BILL NO. 539 - Provides criminal penalty for failure to pay for parts specifically made for gaming devices. Mr. Neilander informed the committee of Mr. Bible's proposed amendment to A.B. 539. Mr. Sandoval inquired if there could be disciplinary action. Mr. Neilander advised the Gaming Control Board has a number of options to discipline licensees in the gaming commission's regulations. Mr. Schneider commented the intent of the whole bill is because of people refusing to pay. Ms. Ohrenschall asked how disciplining is to be treated. Mr. Schneider advised the manufacturer would contact the gaming commission for follow up. Ms. Ohrenschall inquired if it would expand the jurisdiction of the gaming control board. Mr. Schneider advised all interested parties are in agreement to the amendment. ASSEMBLYMAN OHRENSCHALL MOVED TO AMEND AND DO PASS A.B. 539. ASSEMBLYMAN SCHNEIDER SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMAN SANDOVAL VOTED NO.) (ASSEMBLYMEN GOLDWATER, BATTEN AND HUMKE WERE NOT PRESENT FOR THE VOTE.) ASSEMBLY BILL NO. 505 - Requires establishment of program of regimental discipline for certain juvenile offenders. Mr. Manendo commented this bill is an attempt to put something together that could be worked on at this time but there are no funds for it. Mr. Manendo stated he is not comfortable with some of the things in the bill and a lot needs to be included into some type of a facility. Chairman Anderson suggested the committee pass the bill and send it to the Ways and Means Committee for an opportunity for choices in terms of whether or not they want to move in this direction. ASSEMBLYMAN CARPENTER MOVED TO DO PASS A.B. 505 AND RE-REFER TO WAYS AND MEANS COMMITTEE. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMAN HUMKE WAS NOT PRESENT FOR THE VOTE.) ASSEMBLY BILL NO. 95 - Requires finding that juvenile was driving under influence of intoxicating liquor or controlled substance to be included in his driver's record for certain period. Mr. Neilander read the proposed changes to the amendment into the record, attached in (Exhibit E). Mr. Batten expressed concern about insurance companies not having access to DUI violations by juveniles. Mr. Sandoval responded to Mr. Batten's concerns and stated insurance companies should have access to the conviction. Ms. Buckley informed most of the interested parties are in agreement with the proposed amendment. Mrs. Monaghan inquired if it will enhance the penalties to a felony. Mr. Neilander advised the first time it is a misdemeanor, third time DUI, a felony, and prior DUI's are available for the district attorney and judge to consider in charging. Mr. Batten asked if it will be mentioned in the amendment that it is related to the operation of a vehicle and the insurance company will have access to it. Ms. Buckley confirmed this bill only has to do with operating a vehicle and insurance companies would have access to the information. Mr. Neilander advised the new amendment will replace it in its entirety. ASSEMBLYMAN SANDOVAL MOVED TO AMEND AND DO PASS A.B. 95. ASSEMBLYMAN STROTH SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMEN HUMKE AND SCHNEIDER WERE NOT PRESENT FOR THE VOTE.) Mr. Neilander will bring the amendment back to the committee prior to the floor presentation. ASSEMBLY BILL NO. 91 - Requires evaluation and treatment relating to abuse of alcohol or other drugs for juvenile offenders under certain circumstances. Mr. Neilander read the proposed changes to the amendment into the record, attached in (Exhibit E). ASSEMBLYMAN SANDOVAL MOVED TO AMEND AND DO PASS A.B. 91. ASSEMBLYMAN BUCKLEY SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMEN STEEL, HUMKE AND ANDERSON WERE NOT PRESENT FOR THE VOTE.) There being no further business to come before the committee, Chairman Anderson adjourned the meeting at 10:04 a.m. RESPECTFULLY SUBMITTED: Patty Hicks, Committee Secretary APPROVED BY: Assemblyman Bernie Anderson, Chairman Assemblyman David E. Humke, Chairman Assembly Committee on Judiciary May 24, 1995 Page