MINUTES OF THE

      SENATE COMMITTEE ON COMMERCE AND LABOR

 

      Sixty-seventh Session

      May 18, 1993

 

 

 

The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 9:30 a.m., on Tuesday, May 18, 1993, in Room 227 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda.  Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

Senator Randolph J. Townsend, Chairman

Senator Sue Lowden, Vice Chairman

Senator Ann O'Connell

Senator Mike McGinness

Senator Raymond C. Shaffer

Senator Leonard V. Nevin

Senator Lori L. Brown

 

GUEST LEGISLATORS PRESENT:

 

Roy Neighbors, Assembly District 36

 

STAFF MEMBERS PRESENT:

 

Beverly Willis, Committee Secretary

Brian Davie, Senior Research Analyst

 

 

OTHERS PRESENT:

 

Jack Sanders, Owner, Pahrump Valley Vineyards, Inc.

Peggy Shaner, Owner, Pahrump Valley Vineyards, Inc.

Harvey Whittemore, Lobbyist, Nevada Beer Wholesalers Association

Helen Foley, Lobbyist, Psychemedics Corporation

Chris Berka, Vice President of Marketing, Psychemedics Corporation

Bob Gagnier, Executive Director, State of Nevada Employees     Association (SNEA)

Thorne Butler, M.D., Toxicologist, Associated Pathologists       Laboratories

William Anderson, Chief Toxicologist, Sierra Nevada Laboratories,   Inc.

 

Senator Townsend opened the hearing with Senate Bill (S.B.) 458.

 

SENATE BILL 458:  Enlarges locations and products for sale by local wineries.

 

Jack Sanders, Owner, Pahrump Valley Vineyards, Inc., and Peggy Shaner, Owner, Pahrump Valley Vineyards, Inc., came forward to testify on S.B. 458.  At this time, Exhibit C, a letter stating their views and the reasons they were in favor of this bill, was presented.  Mr. Sanders went on to confirm these views with his testimony. 

 

Next to testify was Roy Neighbors, Assembly District 36.  Assemblyman Neighbors stated Nye County supports this bill.  He stated he hoped an amendment could be worked out to everyone's satisfaction.

 

Harvey Whittemore, Lobbyist, Nevada Beer Wholesalers Association, noted he had a discussion with Mr. Sanders and Ms. Shaner regarding the impact of the bill.  Mr. Whittemore gave a short statement of his views.  There followed a discussion between Senator Townsend and Mr. Sanders.  Senator Townsend noted that if the necessary work yet to be done could be finished before the next work session, S.B. 458 would be addressed at that time.

 

Senator Townsend closed the hearing on S.B. 458 and opened the hearing on S.B. 440.

 

SENATE BILL 440:  Includes  test of persons's hair as permissible test in certain circumstances to determine presence of controlled substance or other chemical.

 

Senator Townsend stated for the record that:

 

      Ms. Foley and Ms. Berka were here representing a company  that is a client of our firm and he would not be voting on this bill.

 

Helen Foley, Lobbyist, Psychemedics Corporation and Chris Berka, Vice President of Marketing, Psychemedics Corporation, were next to testify.  Ms. Foley noted this company was a hair testing company, testing for drug abuse.  She went on to explain the process of hair testing.  Ms. Foley went through S.B. 458 explaining what areas of the law it covered.

 

Ms. Berka testified next.  She presented Exhibit D, information on hair testing and her company.  Ms. Berka went on to give a detailed explanation of this information.

 

There followed a discussion between Senator Brown, Senator Nevin, Senator Lowden and Ms. Berka.  Ms. Berka gave information on the cost as well as the process of hair testing.  Ms. Berka noted the gas chromatography/mass spectroscopics (GC/MS) test was extremely important as it could be used as evidence in court.

 

Senator O'Connell inquired if there were many companies involved in this type of testing.  Ms. Berka noted there are several, but that some did only a limited amount of testing.

 

Ms. Foley noted one more issue regarding the licensing and certification of any testing laboratories.  Ms. Berka stated currently The National Institute On Drug Abuse does not have a licensing program for hair analysis.  Ms. Berka stated in lieu of  formal licensing, her company was licensed by the State of California as well as under the Clinical Laboratories Improvement Act, federal legislation regulating clinical laboratories.

 

Bob Gagnier, Executive Director, State of Nevada Employees Association (SNEA) was next to testify.  Mr. Gagnier stated he was testifying in opposition to sections 3 and 4 of S.B. 440.  Mr. Gagnier explained his objections.  He stated drug testing by the hair does not fit within the policy adopted by the legislature or the policy to determine whether people are impaired at the time of testing.

Senator Brown asked Mr. Gagnier if it was felt that hair testing could be used in conjunction with urine testing.  Mr. Gagnier replied that SNEA did not believe testing people for something that may have occurred off the job has any business as part of the job.

 

Thorne Butler, M.D., Toxicologist, Associated Pathologists Laboratories, presented Exhibit E, his written comments on S.B. 440, along with supportive documentation.  Dr. Butler was opposed to S.B. 440.  He gave an explanation of this exhibit.  Dr. Butler stated his recommendation would be not to approve S.B. 440.  Dr. Butler went on to note he felt S.B. 440 needed a great deal of work as it had conflicts and he stated he felt it would create many problems. 

 

Next to testify was William Anderson, Chief Toxicologist, Sierra Nevada Laboratories, Inc., who said he also opposes the bill.  Mr. Anderson went on to state his reasons.  Senator O'Connell asked if hair testing was done in any other states.  Mr. Anderson stated he thought that some other states were involved, but he was not sure.  Mr. Anderson and Dr. Butler had further discussion regarding these issues.

 

Senator Townsend noted Vice Chairman Lowden, would be in charge of this bill.  He stated the bill would go to subcommittee, if she chose to handle S.B. 440 in that fashion.

 

Ms. Foley and Ms. Berka held further discussion regarding Psychemedics expertise in the field of hair analysis.  Ms. Foley and Ms. Berka noted they would be happy to work with the subcommittee. 

 

Senator Lowden stated there would be a subcommittee, time and place to be announced at a later date.

 

There being no further business, the meeting was adjourned at

10:55 a.m.

    

 

 

 

 

 

                  RESPECTFULLY SUBMITTED:

 

 

 

                                           

                  Beverly Willis,

                  Committee Secretary     

 

 

 

APPROVED BY:

 

 

 

 

                                     

Senator Randolph J. Townsend, Chairman

 

 

DATE:                                

??

 

 

 

 

 

 

 

Senate Committee on Commerce and Labor

May 18, 1993

Page 1