MINUTES OF THE
SENATE COMMITTEE ON COMMERCE AND LABOR
Sixty-seventh Session
June 16, 1993
The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:30 a.m., on Wednesday, June 16, 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
STAFF MEMBERS PRESENT:
Beverly Willis, Committee Secretary
Brian Davie, Senior Research Analyst
OTHERS PRESENT:
Harvey Whittemore, Lobbyist, Camco, Inc.
Stephen Mack, Chief Executive Officer, Camco, Inc.
Randy Oats, Captain, Las Vegas Metropolitan Police Department
Robert Barengo, Lobbyist, Nevada Collateral Loan Association
Jim Nadeau, Lieutenant, Washoe County Sheriff's Office
Raymond Sparks, Chief, Registration Division, Department of Motor Vehicles and Public Safety (DMV)
Debbie Cahill, Lobbyist, Nevada State Education Association (NSEA)
Helen Foley, Lobbyist, Psychemedics Corporation
Senator Townsend opened the meeting with testimony on Assembly Bill (A.B.) 720 and A.B. 722.
ASSEMBLY BILL 720: Exempts, under certain circumstances, pawnbrokers and secondhand dealers from civil liability for conversion.
ASSEMBLY BILL 722: Makes various changes relating to pawnbrokers and secondhand dealers.
First to testify was Harvey Whittemore, Lobbyist, Camco, Inc. Mr. Whittemore gave an explanation of A.B. 720. He stated the bill would extend to pawnbrokers and secondhand dealers, civil immunity and basically exempt them from any sort of lawsuits, if the pawnbrokers or secondhand dealers properly comply with regulations dealing with receiving good title for the products they receive in pawn or through the secondhand dealer process. Sometimes when pawnbrokers or secondhand dealers take merchandise and comply with all regulations and then find said merchandise is stolen, they don't want to be subject for liability for the individual whose property it actually is. There followed a discussion between Senator Brown, Senator O'Connell, Senator Townsend and Mr. Whittemore regarding reasons for this legislation.
Next to testify was Stephen Mack, Chief Executive Officer, Camco, Inc. Mr. Mack related an incident explaining why A.B. 720 is necessary.
Senator Townsend closed the hearing on A.B. 720 and opened the hearing on A.B. 722.
Mr. Whittemore and Mr. Mack again testified. Mr. Whittemore explained the reasons and presented language for amendments on this bill. In answer to questions posed by Senator O'Connell and Senator Townsend regarding the possibility of dealing with secondhand merchandise, or cars that would be offered as collateral, Mr. Mack replied secondhand dealers are required to check vehicle identification numbers, registration and have picture identification of those offering the cars, or merchandise.
Randy Oats, Captain, Las Vegas Metro Police, testified, at this time. Captain Oates stated one main point the police are interested in is to have a longer holding period for merchandise before it could be sold. He also stated the Las Vegas Metropolitan Police Department could support this bill.
Robert Barengo, Lobbyist, Nevada Collateral Loan Association, was next to testify. Mr. Barengo stated his organization's views on A.B. 722.
Jim Nadeau, Lieutenant, Washoe County Sheriff's Office, gave testimony concurring with aspects of this bill.
Raymond Sparks, Chief, Registration Division, Department of Motor Vehicles and Public Safety (DMV), noted the department did not have a position on A.B. 722. He went to say, however, the bill does touch on auto pawnbrokers and the department's concern is when a pawnbroker has acquired the title to a vehicle through a loan default and then engages in retail sale of those vehicles. Mr. Sparks went on to state that when an auto pawnbroker is engaging in a sales activity that is virtually indistinguishable from a used car dealer, DMV believes it is proper to require licensing as a vehicle dealer in those circumstances.
Senator Townsend closed the hearing on A.B. 722.
SENATOR O'CONNELL MOVED TO DO PASS A.B. 720.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)
* * * * *
SENATOR O'CONNELL MOVED TO AMEND AND DO PASS A.B. 722 WITH SUGGESTED LANGUAGE FROM MR. WHITTEMORE.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)
* * * * *
The next item on the agenda was S.B. 198.
SENATE BILL 198: Requires continuing education as condition of renewal of certification of certified shorthand reporter.
SENATOR BROWN MOVED TO DO PASS S.B. 198.
SENATOR O'CONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR SHAFFER WAS ABSENT FOR THE VOTE. SENATOR TOWNSEND ABSTAINED FROM THE VOTE.)
* * * * *
The next item to be addressed was S.B. 213.
SENATE BILL 213: Makes various changes to provisions governing certified shorthand reports.
SENATOR BROWN MOVED TO DO PASS S.B. 213.
SENATOR O'CONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TOWNSEND ABSTAINED FROM THE VOTE.)
The next piece of legislation to be addressed was A.B. 398.
ASSEMBLY BILL 398. Requires licensing of operators of large boilers in schools.
There was a general discussion regarding the status of this bill and the decision was made that more information was needed before any action could be taken.
There followed a brief discussion between Debbie Cahill, Lobbyist, Nevada State Education Association (NSEA) and Senator Lowden regarding A.B. 398.
Next to testify was Helen Foley, Lobbyist, Psychemedics Corporation, who was testifying on S.B. 440.
SENATE BILL 440: Includes test of person's hair as permissible test in certain circumstances to determine presence of controlled substance or other chemical.
Ms. Foley reviewed action taken previously on this bill, stating it had been decided to amend S.B. 440 to have it apply only to pre-employment screening for safety sensitive positions of state employees. Ms. Foley went on to explain the amendment to S.B. 440. Ms. Foley went on to present a list of clients her organization was testing in Nevada (Exhibit C). She stated Psychemedics had processed about 250,000 hair drug tests and none had been successfully challenged in court.
There was a discussion between Senator Lowden and Ms. Foley about other companies that might be involved with hair drug testing and their locations. Senator Lowden stated that she feels Senator Nevin has concerns over the fact that there might be only one company involved in this type of testing. Ms. Foley noted there are other companies that were becoming involved, but pointed out that Psychemedics has the longest track record.
Senator Brown and Ms. Foley discussed the fact that hair drug testing was simply going to be an option, not necessarily the only method available for use.
Senator Lowden noted that Senator Nevin still has a number of concerns, among them being a chain of evidence. Ms. Foley gave an explanation of the procedure. Ms. Foley proceeded to read laboratory accreditation and staff certification (Exhibit D) for the committee's edification. There was further explanation and discussion between Senator Brown and Ms. Foley.
SENATOR BROWN MOVED TO AMEND AND DO PASS S.B. 440 WITH AMENDMENT NO. 842.
SENATOR O'CONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEVIN VOTED NO. SENATOR TOWNSEND WAS ABSENT FOR THE VOTE.)
* * * * *
There being no further business, Vice Chairman Lowden adjourned the meeting at 9:45 a.m.
RESPECTFULLY SUBMITTED:
Beverly Willis,
Committee Secretary
APPROVED BY:
Senator Randolph J. Townsend, Chairman
DATE:
??
Senate Committee on Commerce and Labor
June 16, 1993
Page 1