MINUTES OF THE
SENATE COMMITTEE ON JUDICIARY
Sixty-seventh Session
June 14, 1993
The Senate Committee on Judiciary was called to order by Chairman Mark A. James, at 2:15 p.m., on Monday, June 14, 1993, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator Mark A. James, Chairman
Senator R. Hal Smith, Vice Chairman
Senator Lawrence E. Jacobsen
Senator Mike McGinness
Senator Dina Titus
Senator Raymond C. Shaffer
Senator Ernest E. Adler
GUEST LEGISLATORS PRESENT:
Senator Joe Neal, Clark County District No. 4
STAFF MEMBERS PRESENT:
Dennis Neilander, Senior Research Analyst
Marilyn Hofmann, Committee Secretary
OTHERS PRESENT:
Marsha Berkbigler, representing Nevada State Medical Association
Bradford Bodeau, Private Citizen
Kevin Quint, President, Nevada Association of State Alcohol and Drug Abuse Programs (NASADAP)
Dorothy North, Chairman, Commission on Education, Prevention, Enforcement and Treatment
Sam McMullen, representing Philip Morris USA
Bill Bible, Chairman, Nevada Gaming Control Board
Madelyn Shipman, Office of the City Attorney, City of Reno, Nevada
The first bill to be heard was Senate Bill (S.B.) 421.
SENATE BILL 421: Makes various changes relating to smoking of tobacco in public areas.
Senator James indicated this was the second hearing on the bill. The first person to testify was Marsha Berkbigler, representing the Nevada State Medical Association, who explained an amendment to S.B. 421. Ms. Berkbigler indicated the amendment includes changes discussed in the last hearing.
Senator McGinness pointed to language which would allow health officers to serve citations regarding infractions of the statute and asked if police officers already had the ability to serve such citations. Ms. Berkbigler answered she believed police officers would have that authority. Senator Adler asked if the law allowing minors to purchase cigarettes with a note from their parents should be retained if cigarette machines would be regulated. Senator James indicated all the proposed amendments had been discussed and that issue had not been raised.
The next to speak was Bradford Bodeau, a private citizen who indicated he was a social work student at the University of Nevada, Reno. Mr. Bodeau stated the bill was "definitely a move in the right direction." He referenced the effects of secondary smoke on children and cited several studies in that area. He said the former United States Surgeon General, C. Everett Koop, stated, "A person, including a child, who is exposed to a small room filled with cigarette smoke for 1 hour has ingested the equivalent of having smoked one cigarette." Mr. Bodeau said studies have shown 2,400 nonsmokers will die each year from passive smoke complications. He also pointed out statistics which show smoking kills 350,000 Americans each year, more than AIDS (Acquired Immunodeficiency Syndrome), illicit drug use, alcohol consumption, automobile accidents and murders combined. Mr. Bodeau provided the committee with an outline of other statistics relating to smoking, which is attached hereto as Exhibit C.
Mr. Bodeau stated he would like to see several sections of S.B. 421 modified to reflect greater concern for the well-being of nonsmokers, especially children. He indicated he has been conducting an unofficial survey of restaurants in the Reno-Lake Tahoe area and has found many restaurants are not mandated to set aside nonsmoking sections. Mr. Bodeau said he has seen many families sitting with small children where smoking is taking place. He said he sees this as a form of child abuse. Mr. Bodeau suggested several amendments which are included on Exhibit C, including once which would state, "Patrons with minors must be seated in areas designated as nonsmoking."
Senator James advised Mr. Bodeau that his comments were well-taken, and earlier testimony on the bill had emphasized the danger to children. Senator James stated there was a big danger to children in their own homes when smokers are present, but the legislature could not suggest sending government "that far into the home." He said it was a matter of public education to make people aware of what the health consequences are. The chairman pointed out an amendment to S.B. 421 which would create an account for health education with money collected from civil violations of the statute. He also pointed out the bill will enhance penalties for violating laws which require nonsmoking areas in public places.
Mr. Bodeau agreed with the chairman regarding governmental intrusion into the home. He added he believed the bill would benefit children if it were broadened to include restaurants and dining facilities, since children can now be seated in smoking areas with no intervention. Mr. Bodeau referenced page 2, line 27 of the bill and requested the word "shall" be changed to "must." Senator James stated there have been court decisions in the state regarding the differences between "shall" and "must" and indicated the Legislative Counsel Bureau has attempted to clear the statutes in that regard. He added he believed the mandate would be clear, whether the word was "shall" or "must."
The next person to testify was Kevin Quint, President, Nevada Association of State Alcohol and Drug Abuse Programs (NASADAP). Mr. Quint said the association was partially funded by federal block grants which have stringent regulations regarding the state's control over the distribution and sale of tobacco products to minors. He said the association views the bill as a positive element to comply with those regulations.
Testifying next was Dorothy North, Chairman of the Commission on Education, Prevention, Enforcement and Treatment. She expressed agreement with Mr. Quint's testimony and indicated anything which would interfere with federal block grant money "would be a severe problem for the State of Nevada." Ms. North said the people they treat successfully are kept in the work force and out of the criminal justice system. Senator James stated it was the intention of the committee to bring the state into compliance with the federal requirements.
Senator Jacobsen asked if there should be mandates directed toward the superintendent of education. Ms. North said one thing which has been very effective in the country are the nonsmoking messages provided to children. She added, "If we could do as good a job with drugs and alcohol as we are doing with cigarettes, we would be a lot further along in the drug war."
Marsha Berkbigler returned to the committee to discuss a change they wish to make to S.B. 421. She indicated the language in section 3(2) which refers to the county health officer should also include the state health officer. Ms. Birkbigler said the amendment should read, "...the health authority as defined in Nevada Revised Statutes (NRS) 441A.050."
There was further discussion regarding identification of which state account would receive monies collected because of passage of S.B. 421. The chairman indicated that information would have to be provided to the committee when the amendments are considered.
Sam McMullen, representing Philip Morris USA, discussed the amendment regarding the definition of health officer with the committee as it relates to the rural communities.
There was no further discussion or questions regarding the amendments to the bill.
SENATOR SMITH MOVED TO AMEND AND DO PASS S.B. 421.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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The chairman opened the hearing on Assembly Bill (A.B.) 486.
ASSEMBLY BILL 486: Eliminates exception to requirement that court exonerate obligor and release bail upon sentencing of defendant.
The first to speak was Senator Joe Neal, Clark County District No. 4. Senator Neal explained the bill would allow a bond to be exonerated if it has not been applied to satisfy a judgment. He said bail is designed to guarantee a person's appearance in court. Senator Neal said a practice of using bail to guarantee further appearances is common. He said the bail bondsmen take the position that once a first appearance has been made, unless the bond has been applied to satisfy a judgment, the bail is to be exonerated.
There was no further testimony; the hearing was closed on A.B. 486 and opened on Assembly Bill (A.B.) 626.
ASSEMBLY BILL 626: Revises gaming structures to accommodate use of cashless wagering system.
The first to testify was Bill Bible, Chairman, State of Nevada Gaming Control Board. Mr. Bible said the bill reflects the new technology which is occurring in the gaming industry. He showed the committee a "credit card device" which could be used to activate a gaming device when credit has been established by the individual using the card. In response to a question posed by Senator Titus, Mr. Bible emphasized the person using the card will have already "bought" the credit which he or she is using.
Mr. Bible pointed out section 5 of the bill, which would require anyone who produces the "cashless credit cards" and the machines which are designed to read those devices to obtain a gaming license. He said this was a critical area for regulatory control.
Senator McGinness asked if the customer could place any amount of money with the casino as credit to be used with one of the cards. Mr. Bible answered in the affirmative and stated the individual was in complete control over the amount of money to be wagered. Senator Titus asked if chips could be purchased in a casino with a credit card. Mr. Bible answered chips could only be purchased with a check or cash but pointed out there were many bank machines in the casinos which accepted credit cards. Senator Titus said she wanted to be certain a person could not "run up a big bill" on a credit card with the use of the cashless wagering system. Mr. Bible reiterated they could not because the credit is established on the card before play can begin. Mr. Bible also stated the control board has not allowed any application of play against a credit card or automatic bank teller card.
There was no further discussion regarding A.B. 626. Senator James opened the hearing to a work session on bills previously discussed by the committee.
The chairman indicated he had received a letter from an association of bail bondsmen who expressed their support for A.B. 486.
SENATOR SHAFFER MOVED TO DO PASS A.B. 486.
SENATOR TITUS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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SENATOR McGINNESS MOVED TO DO PASS A.B. 626.
SENATOR TITUS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Senator James turned to a discussion of Senate Bill (S.B.) 4.
SENATE BILL 4: Expands governmental immunity with regard to inspections.
The chairman discussed an amendment which was provided to the committee (Exhibit D). Senator James pointed out the legislation had been bifurcated into two sections regarding "no action," one relating to public buildings, structures, facilities and improvements, and one to private buildings, structures, facilities and improvements.
Madelyn Shipman, Office of the City Attorney, City of Reno, Nevada, discussed the amendment to S.B. 4. She stated the legislation was bifurcated in such manner at the request of Senator Adler who had indicated concern with broad-based reference to all buildings and improvements. Ms. Shipman stated there was a different standard for buildings owned by the city and private structures. She said she wanted to make sure the judicial exception that has been made under the law to date would continue to apply to public buildings, improvements or facilities. Ms. Shipman added the city was attempting to "get out of the warrant for repair and construction cost of private inspections." She stated, "If we inspect a private building...this language will separate out the types of damages we will be liable for, which would be the consequential damages and not necessarily the repair and replacement costs of the structure itself."
Senator Adler indicated he was pleased with the language set forth in Exhibit D.
SENATOR SMITH MOVED TO AMEND AND DO PASS S.B. 4.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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There was no further business to come before the committee and the meeting was adjourned.
RESPECTFULLY SUBMITTED:
Marilyn Hofmann,
Committee Secretary
APPROVED BY:
Senator Mark A. James, Chairman
DATE:
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Senate Committee on Judiciary
June 14, 1993
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