MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
March 19, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:40 a.m., on Friday, March 19, 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 R. Hal Smith, Chairman
Senator Dean A. Rhoads, Vice Chairman
Senator Ernest E. Adler
Senator Thomas J. Hickey
Senator Mark A. James
Senator Joseph M. Neal, Jr.
COMMITTEE MEMBERS ABSENT:
Senator Dina Titus
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
OTHERS PRESENT:
Dennis G. Green, Assistant Sheriff/Coroner, Carson City
Sheriff's Department
Randy L. Oaks, Captain, Special Operations Bureau, Las Vegas
Metropolitan Police Department
Janet Capaldi, Assistant to the Director, Department of Motor
Vehicles and Public Safety
Chairman Smith convened the hearing on Senate Bill (S.B.) 108.
SENATE BILL 108: Prohibits use of radar gun in manner which may expose natural person to nonionizing radiation.
Chairman Smith invited Senator Joseph M. Neal, Jr., to make his presentation on S.B. 108.
Senator Neal explained the bill had been introduced based upon the link between the use of police radar and the increased incidence of cancer. He referred to a televised report the Columbia Broadcasting System (CBS) had aired on this subject during a broadcast of 60 Minutes, some time last year.
Senator Neal explained his concern stemmed from the use of portable, hand-held radar guns by police officers. He continued by saying officers often rest this portable model in their laps until a vehicle approaches, at which time the gun is raised and aimed at oncoming traffic. He mentioned this fact may be a contributing cause to the incidence of prostate cancer in police officers.
Senator Rhoads inquired if the use of radar guns was allowable in the State of California. Senator Neal replied California does not utilize radar guns. Senator Rhoads inquired if the reason was due to the radiation emitted by some types of radar guns. Senator Neal admitted he did not know the exact reason for California's restriction on the use of radar guns.
Dennis G. Green, Assistant Sheriff/Coroner, Carson City Sheriff's Department, introduced himself to members of the committee. He mentioned he was also representing the Nevada Sheriff's and Chief's Association.
Mr. Green testified he was opposed to passage of S.B. 108 in its present form. He emphasized the Carson City Sheriff's Depart-ment and the Nevada Sheriff's and Chief's Association did support the establishment of regulations concerning the utiliza-tion of radar units. He clarified he was not going to debate the health risks of the long-term use of a radar unit, but stressed studies performed by various entities (the Federal Drug Administration [FDA], Occupational Safety and Health Administra-tion [OSHA] and National Highway Traffic Safety Administration [NHTSA]) indicated there was not conclusive proof linking the utilization of radar guns to various types of cancer.
Mr. Green specified S.B. 108, as written, states an individual cannot be exposed to nonionizing radiation emitted by radar guns. He clarified the bill does not specifically define the exact length of time an individual could be exposed to nonionizing radiation and the minimum allowable distance from the radar gun to the operator, etc. Mr. Green pointed out S.B. 108 would prohibit the use of radar guns in Nevada, because this type of radiation travels great distances and could possibly expose a citizen in the State of Michigan to nonionizing radiation.
Mr. Green requested that members of the Senate Committee on Natural Resources assign S.B. 108 to a subcommittee for further study. Ultimately, he hoped the bill would be amended to include more specific parameters, while still allowing the use of radar guns.
Randy L. Oaks, Captain, Special Operations Bureau, Las Vegas Metropolitan Police Department (METRO) introduced himself to members of the committee. He remarked METRO was very concerned when this story first began to break regarding the claims of some police officers which linked their testicular cancer to the use of hand-held radar units. Captain Oaks stated this scare had public employers scrambling in an attempt to identify and minimize the possible health risks to their employees.
Captain Oaks commented METRO's subsequent research did not find conclusive evidence indicating that the utilization of radar units causes cancer. He continued by saying he had not read a single study which had irrefutably confirmed a definite link between radar and cancer.
Captain Oaks said METRO had examined the old hand-held radar units its officers had utilized, which emitted a constant radar signal. He admitted it was common practice for traffic officers to rest the unit in their lap while visually looking for speeding vehicles. Captain Oaks stressed if exposure were to actually occur, this would have been the most opportune, time because the old models emitted a constant signal.
Captain Oaks emphasized METRO now utilizes a newer model of hand-held radar gun which does not emit a signal until an activating trigger is depressed. It is METRO's view that this new model drastically minimizes any potential health risk to its officers.
Captain Oaks said he is not aware of any claim being submitted with regard to injury caused by the operation of dash-mounted or window-mounted radar equipment. He stressed the hand-held radar units now being marketed are certified to be safe.
Captain Oaks said METRO has not had any complaints filed which have intimated a link between cancer and the use of a hand-held radar gun. He concluded his testimony by pointing out METRO currently employs 1,200 police officers and would never knowingly subject their employees to avoidable health risks.
Senator Neal asked Captain Oaks to confirm the fact that a METRO employee would be unable to submit a claim to the State Indus-trial Health System (SIIS) under the circumstances stated above. Captain Oaks said he did not have the authority to make such a statement. He continued by stressing it would be the claimant's responsibility to provide definite proof that their illness or disease had been incurred as a direct result of utilizing a radar gun.
Senator Neal emphasized Captain Oaks had stated there was no conclu-sive proof of a link between brain, testicular or prostrate cancer and radar guns. He continued by commenting that Captain Oaks' statement was based upon personal experience and the type of equipment utilized by METRO. Captain Oaks responded by saying this was a correct observation. Senator Neal voiced his opinion that METRO would protest any claim submitted to SIIS by a METRO police officer who alleged a type of cancer had been caused by utilization of a radar gun. Captain Oaks assumed METRO would reject such a claim, which would require the claimant to provide the burden-of-proof for the source of the injury.
Senator Neal asked Mr. Green what type of radar gun was utilized in the Carson City area. Mr. Green stated he had spent 20 years with the Nevada Highway Patrol (NHP), but admitted he had not been with the Carson City Sheriff's Department very long and was not knowledgeable enough about the equipment it utilized.
Senator Neal inquired if the sheriff's department had also received similar information from NHTSA. Mr. Green referred to a couple of reports he had received from NHTSA (Exhibits C and D). He stated both reports stated all available information was inconclusive relative to the link between cancer and the use of radar guns. He pointed out both reports recommended that safeguards be established to protect any officer operating a radar unit.
Mr. Green also supplied members of the committee with copies of an article from a publication entitled, "FBI Law Enforcement Bulletin" dated October, 1992 (Exhibit E).
Senator Neal asked what safety measures had been initiated by the Carson City Sheriff's Department to protect its officers from health risks. Mr. Green quoted NHTSA's six recommended operating procedures for traffic radar (page 2 of Exhibit D). Senator Neal inquired if the Carson City Sheriff's Department was adhering to the NHTSA recommendations. Mr. Green admitted he did not have supervisory responsibilities for the traffic division and could not answer this question.
Senator Neal assumed METRO had received the same NHTSA report referred to by Mr. Green, and asked Captain Oaks what steps had been taken to follow the recommended operating procedures. Captain Oaks said METRO had considered the type of radar units currently in use, which complied with NHTSA standards. He continued by saying METRO only utilized radar guns which were activated only when triggered. Captain Oaks also mentioned METRO officers have been instructed to refrain from activating the radar guns when it is obstructed by human body parts. Senator Neal asked Captain Oaks to supply members of the committee with a copy of METRO's written procedures regarding the proper and safe use of its radar guns. Captain Oaks said he did not know if the written procedures were department policy or a section procedure, but assured Senator Neal he would research the matter.
Senator Neal asked Mr. Green to also supply members of the committee with a statement describing radar gun safety and operating procedures adhered to by the Carson City Sheriff's Department.
Janet Capaldi, Assistant to the Director, Department of Motor Vehicles and Public Safety, introduced herself to members of the committee. She apologized to the committee that Colonel William J. Yukish, Chief, Highway Patrol Division, Department of Motor Vehicles and Public Safety, had been unable to attend the hearing.
Mr. Capaldi said she was not prepared to provide testimony on S.B. 108. She noted the highway patrol did not currently utilize any of the newer laser units. She explained the cost was prohibitive ($4,000 per unit).
Chairman Smith closed the hearing on S.B. 108 and referred it to a subcommittee consisting of Senators Neal and Rhoads.
* * * * *
There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 8:53 a.m.
RESPECTFULLY SUBMITTED:
Rayanne J. Francis,
Committee Secretary
APPROVED BY:
Senator R. Hal Smith, Chairman
DATE:
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Senate Committee on Natural Resources
March 19, 1993
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