MINUTES OF THE
SENATE COMMITTEE ON JUDICIARY
Sixty-seventh Session
June 28, 1993
The Senate Committee on Judiciary was called to order by Chairman Mark A. James, at 2:55 p.m., on Monday, June 28, 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 Lawrence E. Jacobsen
Senator Mike McGinness
Senator Dina Titus
Senator Ernest E. Adler
COMMITTEE MEMBERS ABSENT:
Senator R. Hal Smith, Vice Chairman (Excused)
Senator Raymond C. Shaffer (Excused)
STAFF MEMBERS PRESENT:
Dennis Neilander, Senior Research Analyst
Marilyn Hofmann, Committee Secretary
OTHERS PRESENT:
Chris Ritland, Private Citizen
Mary Ritland, Private Citizen
Sandy Allenson, Registered Nurse
Janine Hansen, State President, Nevada Eagle Forum
Pat Furrie, Private Citizen
Myla Hawkins, Administrative Director, Diabetic Educational Center of Nevada
Raymond L. Sparks, Chief, Registration Division, State of Nevada,
Department of Motor Vehicles and Public Safety
Donna Wadey, Assistant Chief, Registration and Title Bureau, State of Nevada, Department of Motor Vehicles and Public Safety
Debbie Williams, Washoe County Sheriff's Office, Washoe County, Nevada
Kayleen Dickerson, Reno Police Department and Chair, Northern Subcommittee, Criminal History Repository
John Sarb, Administrator, Department of Human Resources, Division of Child and Family Services
The first bill to be discussed was Assembly Bill 612.
ASSEMBLY BILL 612: Revises Uniform Common-Interest Ownership Act.
Senator James advised he would appoint himself a subcommittee of one to meet with Frank Daykin, Uniform Law Commissioner and the bill drafter, in order to expedite placing the bill into its final form.
The next bill to be heard was Assembly Bill (A.B.) 583.
ASSEMBLY BILL 583: Authorizes contracts for assisted conception and provides for determination of parentage under such contracts.
The first persons to testify were Chris Ritland and Mary Ritland, Private Citizens. Ms. Ritland presented a prepared statement in support of A.B. 583, which is attached as Exhibit C. She indicated the bill was introduced by Assemblywoman Vivian Freeman, on behalf of a surrogate mother who is carrying twins, the biological children of Mr. and Mrs. Ritland. Ms. Ritland stated as it now stands, they must adopt their own biological children.
Senator Jacobsen asked if any stigma was attached to the way the law is currently written, and Ms. Ritland answered there was no law regarding surrogacy currently in effect in Nevada. Senator Adler stated at this time, a name of a surrogate who delivers a baby would appear on the birth certificate. He said passage of A.B. 583 would allow the biological parents' names to appear on the birth certificate. Ms. Ritland said presently her husband, as a "natural relative" would have to go through a "relative adoption," and she would have to do a "stepparent adoption." She added the surrogate is a married person and in Nevada at this time, the law as it exists would list her as the natural mother and the surrogate's husband as the father of the children.
The next person to testify was Sandy Allenson, Registered Nurse. Ms. Allenson said she was a nurse at the fertility center where the gestational in vitro fertilization took place. She provided the committee with an informational packet, set forth in these minutes as Exhibit D. Ms. Allenson reiterated the surrogate "will be delivering children which are not biologically hers at all...she is a gestational carrier." She added it was her belief this was the first time this has happened in Nevada.
The next to appear was Janine Hansen, State President, Nevada Eagle Forum. Ms. Hansen said when the bill was first introduced in the assembly, they had some serious concerns but are pleased with the amendments which have been added to the bill. She indicated one of the organization's concerns was the matter of "commercial surrogacy (the buying and selling of babies) versus compassionate surrogacy. Ms. Hansen said the bill now will allow only the payment of money for reasonable living expenses. She said another concern regarding the original bill was there was no requirement the biological parents had to be married to one another. Ms. Hansen said that has been changed in the bill to indicate the couple must be married. She added the organization is now very pleased with A.B. 583 in its present form.
Pat Furrie, husband of Debra Furrie, the gestational carrier, appeared before the committee. He expressed his wife's regret she was unable to be present, indicating she was out of the state on business. He presented to the committee her statement, set forth as Exhibit E.
The last to speak was Myla Hawkins, Administrative Director, Diabetic Educational Center of Nevada. Ms. Hawkins urged the committee to pass A.B. 583. She said many women who suffer from diabetes are unable to carry children, although they are fertile. Ms. Hawkins continued, "For such women, if such an opportunity as was offered by Debbie Furrie was made available to them...it would be a boon." She said the legislation "faces the challenge of a new world of reproductive choices for women."
There was no further testimony on A.B. 583.
SENATOR TITUS MOVED TO DO PASS A.B. 583.
SENATOR MCGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS SHAFFER AND SMITH WERE ABSENT FOR THE VOTE.)
* * * * *
The next bill on the agenda was Assembly Bill (A.B.) 647. Senator James asked Senator Jacobsen to temporarily chair the committee while he attended to business.
ASSEMBLY BILL 647: Provides for liens on trailers and recreational vehicles under certain circumstances.
The first persons to appear were Raymond L. Sparks, Chief, Registration Division, State of Nevada, Department of Motor Vehicles and Public Safety, and Donna Wadey, Assistant Chief, Registration and Title Bureau, State of Nevada, Department of Motor Vehicles and Public Safety. Mr. Sparks stated A.B. 647 would correct an error which occurred as the result of passage of legislation in 1991, regarding the ability to place a lien on a trailer. He said in that legislation, the Manufactured Housing Division requested amendments to existing laws which provide a person can assess a storage or mechanic's lien on manufactured homes. Mr. Sparks said at that time, the term "trailer" was deleted, although the statute applies to motor
vehicle liens. He said the change was inadvertent and the term "trailer" needs to be placed back into the lien statutes.
Mr. Sparks said the bill would also allow an owner of a recreational vehicle campground, who has a claim for unpaid rent and /or utilities on a recreational vehicle, such as a motor home, tent-trailer or camper, to process a lien against that recreational vehicle.
There was no further testimony and Senator Jacobsen closed the hearing on A.B. 647.
SENATOR TITUS MOVED TO DO PASS A.B. 647.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS JAMES, SHAFFER AND SMITH WERE ABSENT FOR THE VOTE.)
* * * * *
Senator Jacobsen opened the hearing on Assembly Bill (A.B.) 729.
ASSEMBLY BILL 729: Revises provision concerning fees charged for information obtained from central repository for Nevada records of criminal history.
Appearing in opposition to A.B. 729 was Debbie Williams, Washoe County Sheriff's Office, Washoe County, Nevada. Ms. Williams said the bill "would in effect allow the Nevada criminal history repository to charge us to access records which we provide to them." She said the sheriff's office enters approximately 650 arrests and 250 applicant records monthly at an approximate cost of $80,000 per year. Ms. Williams stated they also make approximately 600 additions and deletions into the system monthly. In response to a question posed by Senator Jacobsen, Ms. Williams indicated the central repository would charge $15.00 to supply a record to the sheriff's office. She reiterated the office will have already provided that record to the repository.
Senator McGinness asked if anyone was present to testify in favor of the bill. Ms. Williams indicated the central repository did not request the bill and also testified against it in the assembly hearing.
Kayleen Dickerson, Reno Police Department and Chair, Northern Subcommittee, Criminal History Repository, stated opposition to the bill. She said the Nevada State Teacher's Association was the sponsor of the bill. She said that association feels since they must pay for the service, the criminal justice agencies should pay also. Ms.
Dickerson said Assemblywoman Chris Giunchigliani testified in the assembly on behalf of the association.
Ms. Dickerson stated there was a northern and a southern criminal history subcommittee which work in unison to develop a system of information-gathering. She said this creates a central system, so each department does not have to "call around from agency to agency." She said the subcommittee has set up the policy and procedures and has designed the system. Ms. Dickerson stated, "We have already paid on one end...to have to turn around and pay again is something that none of us are prepared to do at this time." She added the Reno Police Department alone pays approximately $100,000 each year to input information into the system.
There was no further testimony on A.B. 729.
SENATOR TITUS MOVED TO INDEFINITELY POSTPONE A.B. 729.
SENATOR MCGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS SHAFFER AND SMITH WERE ABSENT FOR THE VOTE. SENATOR ADLER ABSTAINED FROM THE VOTE.)
* * * * *
Senator James opened a work session on Assembly Bill (A.B.) 689.
ASSEMBLY BILL 689: Makes various changes regarding placement of delinquent children and children in need of supervision.
John Sarb, Administrator, Department of Human Resources, Division of Child and Family Services, reviewed the provisions of the bill, which had been previously heard by the committee on June 26, 1993.
SENATOR ADLER MOVED TO DO PASS A.B. 689.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS SHAFFER AND SMITH WERE ABSENT FOR THE VOTE.)
* * * * *
There was no further business to come before the committee and the hearing 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 28, 1993
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