MINUTES OF THE
SENATE COMMITTEE ON JUDICIARY
Sixty-seventh Session
June 26, 1993
The Senate Committee on Judiciary was called to order by Chairman Mark A. James, at 3:00 p.m., on Saturday, June 26, 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 Dina Titus
Senator Ernest E. Adler
COMMITTEE MEMBERS ABSENT
Senator Lawrence E. Jacobsen (Excused)
Senator Raymond C. Shaffer (Excused)
Senator Mike McGinness (Excused)
STAFF MEMBERS PRESENT:
Dennis Neilander, Senior Research Analyst
Sherry Nesbitt, Committee Secretary
OTHERS PRESENT:
Harvey Whittemore, Attorney at Law, Lionel Sawyer and Collins
Robert Barengo, Director, Leroy's Race and Sports Place, Las Vegas, Nevada
William Bible, Chairman, State of Nevada, Gaming Control Board
Paul Yohey, Deputy Attorney General, State of Nevada, Office of the Attorney General
John Sarb, Administrator, State of Nevada, Department of Human Resources, Division of Child and Family Services
Bob Cavakis, Director, Youth Corrections, State of Nevada, Department of Human Resources, Division of Child and Family Services.
The first bill on the agenda was Assembly Bill (A.B.) 614.
ASSEMBLY BILL 614: Revises restriction on issuance of nonrestricted gaming licenses to resort hotels located in certain counties.
The first person to testify was Harvey Whittemore, Attorney at Law, Lionel Sawyer and Collins. Mr. Whittemore said the substantive provisions of A.B. 614 are contained in section 2 of the bill, and amend Nevada Revised Statutes (NRS) 463.1605, with respect to "the resort-hotel bill" passed in 1991. He said the original provisions of that statute authorize nonrestricted gaming licenses to those resort-hotels in Clark and Washoe counties, which have a minimum of 200 rooms, a bar and restaurant. Mr. Whittemore said the purpose of that legislation was to insure new properties made equitable and fair capital contributions to enhance the continued growth of the industry prior to obtaining licenses. He added the previous legislation contained exemptions for race and sports book establishments. Mr. Whittemore stated those provisions were designed to accommodate Leroy's Race and Sports Place, as well as the "stand alone" sports book establishments which had entertained moving their locations. He said at that time, the gaming industry had not objected to this amendment, as both the City of Las Vegas and Clark County had ordinances which prohibited the installation of new "stand alone" sports books. Mr. Whittemore continued:
However, after we passed [the legislation in 1991], there was a loophole perceived by some people in the industry... that loophole allowed an individual to process an application to establish a race and sports book in what was a neighborhood bar and tavern. The purpose of A.B. 614 is to conform to the existing practice of the Gaming Control Board in all the existing entities in southern Nevada, to not allow the development of 'stand alone' race and sports books, or more importantly put them in the neighborhood bars.
Mr. Whittemore referred to the "grandfather provisions" in section 2, lines 20 through 23, and said the date should read July 1, 1993. He said that would allow the "grandfathering" of those locations which have received their licenses and have a race and sports book operation. Mr. Whittemore said subsection (b) will protect Leroy's Race and Sports Place and establish an administrative record that says the operation can be moved to any location within the same city, if the operation is otherwise permitted at the new location.
Mr. Whittemore said the legislation has the approval of the Nevada Gaming Control Board.
Robert Barengo, Director, Leroy's Race and Sports Place, Las Vegas, Nevada, was the next to testify. Mr. Barengo agreed with Mr. Whittemore's testimony. He said he wished to make the record clear with respect to Leroy's, that the amendment allows the movement and relicensing at any location in Clark County.
Senator Adler asked if Leroy's could operate within a "neighborhood bar," and Mr. Barengo answered current gaming regulations and Las Vegas ordinances would not allow that type of operation. Mr. Barengo stated if an establishment is large enough to be licensed for table games and slot machines, a sports book could be placed in that casino.
The next person to testify was William Bible, Chairman, State of Nevada, Gaming Control Board. Mr. Bible agreed with the testimony set forth in the last paragraph. He indicated the word "games" should be changed to "game." Senator Adler asked if a club was not "conditioned just for slot machines" if it could have a sports book. Mr. Bible indicated that was a good question but responded, "I can't imagine where that would apply." He reiterated if a club holds a nonrestricted license, which allows the licensee to have both "gaming devices" and table games, they may have a sports book.
There was no further testimony on A.B. 614. Senator James indicated he would accept a motion on the bill to include the amendments which were discussed, including a change in the language to "...devices and a gambling game."
SENATOR ADLER MOVED TO AMEND AND DO PASS A.B. 614.
SENATOR TITUS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS SHAFFER, JACOBSEN AND MCGINNESS WERE ABSENT FOR THE VOTE.)
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The chairman opened the hearing on Assembly Bill (A.B.) 667.
ASSEMBLY BILL 667: Makes certain changes concerning claims brought by prisoner or former prisoner to recover compensation for loss of his personal property.
The first to appear was Paul Yohey, Deputy Attorney General, State of Nevada, Office of the Attorney General. Mr. Yohey stated the bill accomplishes two purposes. He then referred to the two administrative procedures which inmates use, a grievance procedure or an inmate can go directly to the State Board of Examiners. Mr. Yohey said A.B. 667 specifies just one procedure, which would allow the Nevada Department of Prisons to ask for a warrant and approval of claims. He said the second purpose of the bill was to simplify the procedure by which deputy attorneys general handle small claims actions in the justice courts. Mr. Yohey added, "This will force the inmates to go through the administrative process."
Senator James asked what type of loss incurred by an inmate was referenced in the bill. Mr. Yohey answered the "losses" often occur when an inmate is moved from one institution to another or from one cellblock to another. He said the inmate's property is inventoried, and through an error the inmate is not asked to sign that inventory. The inmate will then indicate there are items of property missing.
Mr. Yohey said payment for those losses must come from the institution's budget. Because of this, he indicated, "it gets the warden's attention and the officers who are not doing their jobs can be reprimanded."
Senator Smith asked, "Why are we responsible for the property of a prisoner?" Mr. Yohey said the prison was responsible for the property, "...when we take custody of that property." He said this legislation addresses "mishandling of property."
There was no further testimony on A.B. 667, and the chairman indicated he would accept a motion.
SENATOR ADLER MOVED TO DO PASS A.B. 667.
SENATOR SMITH SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS SHAFFER, JACOBSEN AND MCGINNESS WERE ABSENT FOR THE VOTE.)
* * * * *
Senator James opened the hearing on Assembly Bill (A.B.) 689.
ASSEMBLY BILL 689: Makes various changes regarding placement of delinquent children and children in need of supervision.
The first to speak was John Sarb, Administrator, State of Nevada, Department of Human Resources, Division of Child and Family Services. Mr. Sarb stated the bill would change the process for the commitment of certain delinquents to the division's custody. He said delinquent youth who are in need of residential mental health care cannot receive that care in the Caliente Youth Center or the Nevada Youth Training Center. Mr. Sarb said A.B. 689 would provide the division be given notice 3 days prior to a dispositional hearing, if a recommendation for residential mental health care is made by the county juvenile probation department. In this way, he indicated, the division can prepare an assessment for the court, "...so the court may hear what we believe the appropriate mental health treatment for that child might be." Mr. Sarb said presently, the court makes a determination without the kind of professional assessment needed.
Mr. Sarb discussed an amendment to the bill which would require the division, along with the chief juvenile probation officers and the judges, to develop a plan over a 6-month period to implement a uniform data collection system. He indicated they felt that could be done with no fiscal impact.
The next person to testify was Bob Cavakis, Director, Youth Corrections, State of Nevada, Department of Human Resources, Division of Child and Family Services. Mr. Cavakis said there were provisions within A.B. 689 "which will bring us into compliance with some recommendations following recent audits that allow us to collect money at the division level instead of at the individual institution." He added the bill places with the division responsibility to find appropriate placement for the children, as opposed to the individual schools making that placement.
There was no further testimony on A.B. 689.
SENATOR SMITH MOVED TO DO PASS A.B. 689.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION FAILED. (SENATOR TITUS VOTED NO. SENATORS SHAFFER, JACOBSEN AND MCGINNESS WERE ABSENT FOR THE VOTE.)
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The last bill on the agenda was Assembly Bill (A.B.) 742.
ASSEMBLY BILL 742: Provides for additional fee to be paid to court reporters under certain circumstances.
The first person to testify was Harvey Whittemore, Attorney at Law, Lionel Sawyer and Collins. Mr. Whittemore said the bill was introduced by court reporters in order to resolve a pending dispute which was before the Nevada Supreme Court, and to conform the statutory provisions of NRS 3.370 to the existing practices in most counties. He stated the legislation "provides the monetary level for which court reporters are going to be reimbursed for conducting their activities for judges." Mr. Whittemore said the bill would allow payment of a transcript fee equal to one and one-half times the standard daily page rate to each court reporter when a judge requests two or more court reporters. He said this legislation arose when a district court judge ordered a court reporter be reimbursed twice the daily rate and Clark County appealed the decision. Mr. Whittemore stated in order to settle that dispute, the court reporters have all agreed to the one and one-half rate.
There was no further testimony on the bill and the chairman indicated he would accept a motion.
SENATOR TITUS MOVED TO DO PASS A.B. 742.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS SHAFFER, JACOBSEN AND MCGINNESS WERE ABSENT FOR THE VOTE.)
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Senator James opened a work session on Senate Bill (S.B.) 79.
SENATE BILL 79: Eliminates requirement that adoptive parents of child with special needs have limited financial resources to receive financial assistance.
Senator James said the assembly judiciary committee had amended the bill to change the effective date from October 1 to July 1, 1993. The chairman indicated "there is no way such a program could be up and running by July 1, 1993." Senator James stated the committee had previously moved to concur with the assembly action and that motion now must be rescinded.
SENATOR TITUS MOVED TO RESCIND THE MOTION TO CONCUR WITH THE ASSEMBLY AMENDMENT TO S.B. 79.
SENATOR SMITH SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS SHAFFER, JACOBSEN AND MCGINNESS WERE ABSENT FOR THE VOTE.)
* * * * *
SENATOR SMITH MOVED TO NOT CONCUR WITH THE ASSEMBLY AMENDMENT TO S.B. 79.
SENATOR TUTUS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS SHAFFER, JACOBSEN AND MCGINNESS WERE ABSENT FOR THE VOTE.)
* * * * *
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 26, 1993
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