MINUTES OF THE ASSEMBLY COMMITTEE ON JUDICIARY Sixty-eighth Session June 25, 1995 The Committee on Judiciary was called to order at 3:00 p.m., on Sunday, June 25, 1995, Chairman Anderson presiding in Room 332 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. COMMITTEE MEMBERS PRESENT: Mr. Bernie Anderson, Chairman Mr. David E. Humke, Chairman Mr. Brian Sandoval, Vice Chairman Mr. Thomas Batten Mr. Mark Manendo Mrs. Jan Monaghan Ms. Genie Ohrenschall Mr. Richard Perkins Mr. Michael A. (Mike) Schneider Ms. Dianne Steel Ms. Jeannine Stroth COMMITTEE MEMBERS EXCUSED: Mr. David Goldwater Mr. John C. Carpenter Ms. Barbara E. Buckley, Vice Chairman STAFF MEMBERS PRESENT: Dennis Neilander, Research Analyst Joi Davis, Committee Secretary Chairman Anderson announced a quorum was present. ASSEMBLY BILL 715 - Revises provisions governing appeals from final judgments in actions for age discrimination in employment. Chairman Anderson declared this was an age discrimination bill heard earlier in the week and no proposed amendments have been suggested. ASSEMBLYMAN PERKINS MOVED DO PASS A.B. 715. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED. Chairman Anderson appointed Mr. Perkins floor assignment of A.B. 715. * * * * * SENATE BILL 395 - Regulates recovery for defects in residential construction. Dennis Neilander, Principal Research Analyst, outlined the bill and the amendments thereto. ASSEMBLYMAN SCHNEIDER MOVED AMEND & DO PASS S.B. 395. ASSEMBLYMAN MANENDO SECONDED THE MOTION. Upon consultation, the co-chairmen decided a vote would be taken on S.B. 395 at a time certain of 3:45 p.m. ASSEMBLY BILL 288 - Increases number of members of board of parole commissioners and changes number of members required to decide issues involving certain offenders. Chairman Anderson stated the amendment was back on A.B. 288 and asked Ann Andreini from the Governor's office to come forward to speak on the amendment. Mr. Neilander stated the amendment was out of bill drafting and contained everything the committee voted on with the exception of one area: the removal of parole board members. The bill drafter has advised this provision cannot be drafted the way submitted as it would be unconstitutional. The case on point, is Robison v. First Judicial District Court of Nevada, 73 Nev. 169, 313 P.2d 436 (1957) which provides the persons so appointed are in essence state officers. Since they are state officers within the constitution, the only way they can be removed is by impeachment. Ann Andreini commented she understood the possible constitutional issue; however, the Attorney General's office initially advised there was not. She apologized to the committee because she did look into the issue quite thoroughly and determined there would not be a constitutional problem. Ms. Andreini suggested two ways of handling the situation. One, you could eliminate the term and simply say the members are appointed to serve at the pleasure of the Governor. Or two, her recommendation would be to make the terms of the members for two years, then sunset that provision so during the interim the studies from the Blue Ribbon Task Force and Legislative Interim Study Committee will address the issue more definitely. The co-chairmen discussed the procedural aspects of Ms. Andreini's suggestion. Mr. Neilander clarified procedures the committee could go through in processing the amendment to A.B. 288. ASSEMBLYMAN HUMKE MOVED AMEND & DO PASS A.B. 288. ASSEMBLYMAN BATTEN SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. * * * * * SENATE BILL 454 - Makes various changes to provisions governing statutory liens. ASSEMBLYMAN HUMKE MOVED DO PASS S.B. 454. ASSEMBLYMAN PERKINS SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. Chairman Anderson appointed Ms. Stroth for floor assignment of S.B. 454. * * * * * SENATE BILL 394 - Revises requirements concerning courses of instruction for certain judges. ASSEMBLYMAN OHRENSCHALL MOVED DO PASS S.B. 394. ASSEMBLYMAN BATTEN SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. Chairman Anderson appointed Ms. Ohrenschall for floor assignment of S.B. 394. SENATE BILL 390 - Revises provisions regarding arbitration of civil cases. Chairman Anderson stated S.B. 390 deals with the Uniform Arbitration Act and the trial de novo provisions contained thereto. Mr. Neilander added the bill fixes inadvertent deletion of the trial de novo provisions regarding binding arbitration that occurred last session, hence the repealer. In addition, S.B. 390 raises the monetary threshold for mandatory arbitration from $25,000 to $50,000.00. Mr. Neilander continued an amendment was brought forth by one party to lower that threshold to $35,000.00. ASSEMBLYMAN SCHNEIDER MOVED DO PASS S.B. 390. ASSEMBLYMAN HUMKE SECONDED THE MOTION. Ms. Steel stated she could not support the bill at $50,000.00. Mr. Humke commented in talking with members of the State Bar there seemed to be a problem for the arbitrators. Recalling testimony, Mr. Humke stated the Supreme Court Rules describing the court-annexed arbitration program, provide that arbitrators are allowed to be paid at the rate of $75 per hour, not to exceed a cap of $500.00. Many of the arbitrators in the panel feel these matters often take approximately two days. Given the hourly rate of most law offices, this fee is falling well below, especially in light of the $500 cap. However, the Supreme Court may be amenable to re-examining the rule and they may be inclined to increase the cap. In addition, Mr. Humke stressed the parties pay the costs of arbitration, not the courts or the taxpayers. Mr. Humke concluded the chairmen could draft a letter to the Supreme Court to that effect. Chairman Anderson stated the concern involved the $50,000 limit not the amount of fees the arbitrator is entitled to. Chairman Anderson brought the motion back to the floor. THE MOTION FAILED. ASSEMBLYMEN ANDERSON, PERKINS, AND STEEL VOTED NO. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. * * * * * ASSEMBLYMAN STEEL MOVED TO AMEND & DO PASS S.B. 390 WITH A MONETARY CAP AT $40,000.00. ASSEMBLYMAN PERKINS SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. Chairman Anderson appointed Ms. Steel for floor assignment of S.B. 390. * * * * * SENATE BILL 347 - Provides additional means of limiting liability of certain business organizations. ASSEMBLYMAN SANDOVAL MOVED TO DO PASS S.B. 347. ASSEMBLYMAN STEEL SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. Chairman Anderson appointed Mr. Sandoval for floor assignment of S.B. 347. * * * * * SENATE BILL 393 - Revises provisions governing contents of order granting limited right to custody of child or for visitation of child. Chairman Anderson announced S.B. 393 was heard on June 20, 1995 and no amendments were offered. ASSEMBLYMAN HUMKE MOVED TO DO PASS S.B. 393. ASSEMBLYMAN BATTEN SECONDED THE MOTION. Ms. Steel noted the terms "sufficient particularity" and "reasonable" are about the same thing but she understands the substance of the bill. Further discussion ensued on this terminology. THE MOTION CARRIED. ASSEMBLYMEN PERKINS AND SANDOVAL VOTED NO. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. Chairman Anderson appointed Mr. Humke for floor assignment of S.B. 393. * * * * * SENATE BILL 549 - Revises provisions governing plea bargains and appeals in certain criminal actions. ASSEMBLYMAN OHRENSCHALL MOVED TO DO PASS S.B. 549. ASSEMBLYMAN PERKINS SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. Chairman Anderson appointed Mr. Sandoval for floor assignment of S.B. 549. * * * * * SENATE BILL 414 - Makes various changes relating to public administrators, public guardians and other fiduciaries. Chairman Anderson expressed his displeasure with the S.B. 414 but stated he would entertain a motion. ASSEMBLYMAN OHRENSCHALL MOVED TO DO PASS S.B. 414. THE MOTION FAILED FOR LACK OF A SECONDER. * * * * * ASSEMBLYMAN HUMKE MOVED AMEND & DO PASS S.B. 414 AMENDING THE BILL TO CREATE AN EFFECTIVE DATE OF JANUARY 1, 1996. ASSEMBLYMAN BATTEN SECONDED THE MOTION. Chairman Anderson asked Ben Graham, Clark County District Attorney's Office to come forward to speak to the bill. Mr. Graham stated he sat with Mr. Shaffer, the sponsor of S.B. 414, in Senate Government Affairs, wherein he asked for much more than the bill has in it now. The real estate commission area was a vital area of the bill and it was in complete agreement with the real estate people. Ms. Steel acknowledged the law now is that a felon cannot be a guardian but she disagrees. Chairman Anderson stated it was indicated that was not the intent of the bill. Chairman Anderson brought the motion back to the floor. THE MOTION CARRIED. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. Chairman Anderson appointed Ms. Ohrenschall for floor assignment of S.B. 414 and reserved his right to vote against the bill on the floor. SENATE BILL 130 - Clarifies immunity from liability granted to volunteers of charitable organizations. Dennis Neilander, Principal Research Analyst, stated there was discussion on the bill pertaining to the definition of "retirement" and whether those professionals listed in the bill have to have an active license or could they have an inactive license but be retired. Mr. Neilander continued the sponsors of the bill suggested if the retired physician provision contained in Assembly Bill 520 remains in, then perhaps there would be no need for S.B. 130. Mr. Neilander stated the committee could take action on the bill or hold it to see what takes place with Assembly Bill 520. Chairman Anderson concurred. The committee returned to discussion on S.B. 395 scheduled for a time certain of 3:45 p.m. Chairman Anderson stated there was a motion on the floor by Mr. Schneider and seconded by Mr. Manendo. Mr. Schneider stated S.B. 395 has been needed for many years in the construction industry and will likely keep home prices down and therefore he sees it as a good consumer bill. THE MOTION CARRIED. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. Chairman Anderson appointed Mr. Schneider for floor assignment of S.B. 395. * * * * * SENATE BILL 531 - Provides evidentiary privilege for certain medical review committees. Chairman Anderson stated the bill was heard on Wednesday, June 21, 1995 and no amendments were present or offered in that regard. ASSEMBLYMAN SCHNEIDER MOVED TO DO PASS S.B. 531. ASSEMBLYMAN SANDOVAL SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. Chairman Anderson appointed Mr. Manendo for floor assignment of S.B. 531. * * * * * SENATE BILL 463 - Requires notice to operator of jail and opportunity to be heard before issuance of court order affecting conditions of confinement of prisoner. Ben Graham, Clark County District Attorney's Office, explained Stan Olsen, Las Vegas Metropolitan Police Department, testified pertaining to S.B. 463. He stated there are technical terms in the bill that should have been noted on the Senate side contained at lines 7-10 which were not originally contemplated in the bill. Mr. Graham stated the intent of the bill is when a person shows up in court for a status check or calendar call, or other criminal motion and request the court for extended privileges or other issues involving their confinement, before the court could order the same, the custodial authority would request notice of the hearing. Mr. Graham declared Ms. Buckley and Ms. Andreini assisted him in developing the language ". . . before a court, at the request of a prisoner, orders any change regarding the conditions of the prisoners' confinement, sufficient notice must be given the sheriff . . . of the request and proposed order to allow the sheriff . . . to be heard prior to the issuance of an order." Then, at line 20, the inclusion of "c) this notice requirement does not apply to a legal action filed with the clerk of a court addressing conditions of confinement." Therefore, he would appreciate an amend and do pass. ASSEMBLYMAN SCHNEIDER MOVED AMEND & DO PASS S.B. 463. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. Chairman Anderson appointed Ms. Monaghan for floor assignment of S.B. 463. SENATE BILL 371 - Expands circumstances under which person fleeing from or otherwise attempting to elude peace officer in motor vehicle is guilty of felony. Chairman Anderson announced this was Senator Maurice Washington's bill regarding eluding law enforcement. Several amendments were discussed during testimony including the increase to a felony when eluding 30 miles per hour over the posted speed limit in an urban area. Further, there were brackets placed inadvertently in the bill which would need to be deleted. Mr. Humke recalled testimony surrounding the deletion of Section 1(3)(d). ASSEMBLYMAN HUMKE MOVED AMEND & DO PASS S.B. 371 WITH THE AMENDMENTS OUTLINED ABOVE. ASSEMBLYMAN BATTEN SECONDED THE MOTION. Mr. Perkins inquired into the definition of "urban" stating the definition causes him some consternation. Further, if someone was eluding an officer at 30 MPH over the speed limit in a rural area that would be probably 85 MPH and lives and property would still be at risk. In that regard, the provision should be applicable to rural roadways similarly with urban highways. Ms. Steel suggested removing section (a) from the bill stressing once someone excels their speed after noting a pursuit by law enforcement, why does it have to escalate to 30 MPH, what about 27 MPH? She concluded that section should be removed or reworded. Chairman Anderson clarified the motion to amend and do pass would include the removal of (a) and (d) retaining only (b) and (c). Chairman Anderson brought the motion back to the floor for a vote. THE MOTION CARRIED. ASSEMBLYMAN SCHNEIDER VOTED NO. ASSEMBLYMAN MONAGHAN WAS NOT PRESENT FOR THE VOTE. Chairman Anderson appointed Mr. Perkins for floor assignment of S.B. 371. There being no further business before the committee, the meeting adjourned at 4:05 p.m. RESPECTFULLY SUBMITTED: Joi Davis, Committee Secretary APPROVED BY: Assemblyman Bernie Anderson, Chairman Assemblyman David E. Humke, Chairman Assembly Committee on Judiciary June 25, 1995 Page