The Senate Committee on Judiciary was called to order by Vice Chairman Jon C. Porter, at 8:48 a.m., on Wednesday, March 24, 1999, in Room 2149 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Mark A. James, Chairman

Senator Jon C. Porter, Vice Chairman

Senator Mike McGinness

Senator Dina Titus

Senator Valerie Wiener

Senator Terry Care

COMMITTEE MEMBERS ABSENT:

Senator Maurice Washington (Excused)

GUEST LEGISLATORS PRESENT:

Senator Randolph J. Townsend, Washoe County Senatorial District No. 4

Senator Dean A. Rhoads, Northern Nevada Senatorial District

Senator Bill R. O’Donnell, Clark County Senatorial District No. 5

STAFF MEMBERS PRESENT:

Jo Greenslate, Committee Secretary

OTHERS PRESENT:

Senator Randolph J. Townsend, Washoe County Senatorial District No. 4, testified that S.B. 396 has come to the Legislature due to the tragedy of the horses slaughtered in northern Nevada on December 27, 1998. He stated the bill gives to service animals as well as law enforcement animals, the protections they deserve for performing the duties for which they have been bred and trained. He introduced the police dog at the hearing that his wife and he donated to the Washoe County Sheriff’s Office named "Tysen." Senator Townsend explained that police dogs are bred overseas and brought to northern California where they become partners to a detective. They are trained 4 out of 7 days, and spend the remaining 3 days on duty in Nevada. Senator Townsend further testified that the training lasts for an extended length of time.

Senator Townsend pointed out that section 6, subsection 2 of S.B. 396 defines a police animal as ". . . an animal which is owned by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer." He mentioned there were also a number of service animals at the hearing, and what a pleasure it is to see a service animal perform its duties, greatly increasing the quality of life for the person the animal is aiding. Senator Townsend explained that S.B. 396 has several sections dealing specifically with service animals, one of which is to categorize police animals as service animals so that they receive the same statutory protection as service animals.

Continuing, Senator Townsend remarked section 4 of the bill would make maliciously killing a wild horse a Category C felony. He also mentioned section 3, which is already in statute, covers anyone who beats, harasses, intimidates, or interferes with a guide dog, hearing dog, helping dog, or other service animal, in addition to being fined, would be guilty of a Category E felony.

Senator Alice Constandina (Dina) Titus, Clark County Senatorial District No. 7, stated, as Senator Townsend pointed out, Senator Townsend and she have long been partners in their effort to protect animals and enhance penalties for cruelty to animals. Senator Titus gave a brief history of the bills for protection of animals on which the two senators have worked. She said in 1993, after two sessions, they were able to pass a bill to outlaw "puppy mills," which eliminates cruelty to puppies raised under those circumstances and protects consumers that want to buy pets by letting them know the conditions under which the puppies were bred. Senators Townsend and Titus were also instrumental in outlawing cockfighting and enhancing the penalty for dog fighting.

Senator Titus remarked that for four sessions, they have tried to make killing wild horses a felony, and stated this session she again brought forward the wild horse felony bill. She advised that Senator Townsend had a broader bill that addressed service animals, so they combined the two. Senator Titus mentioned a proposed amendment that would classify police dogs as service animals to give them the same protection afforded other service animals and access to public buildings.

Duane Meyer, Deputy, Washoe County Sheriff’s Office, testified that he has been a canine (K-9) handler with Tysen for a little over 10 months, and they have spent over 3 of those months training together 4 days a week, 10 hours a day. Deputy Meyer submitted a copy of his testimony (Exhibit C). For the most part, Deputy Meyer stated he and Tysen are together every day, and Tysen is part of his family as well as the Washoe County Sheriff’s Office family. He continued there are currently eight police dogs in his department, and each is trained from scratch. Additionally, Deputy Meyer advised the officers with police dogs spend in excess of 50 hours per month of their own time training the dogs and spending time with them to get to know them better and enhance their team efforts. He said in a monetary sense, each K-9 costs an average of $10,000 for the dog and initial training in patrol work and drug detection work. The cost of maintaining the dog’s training runs from hundreds to several thousands of dollars per year. Deputy Meyer pointed out this cost is deferred by the savings in man-hours by using the K-9. The K-9s are not able to use deadly force; however, suspects do use deadly force against the K-9s. Deputy Meyer stated there is currently no law to protect a police dog from being killed or disabled in the line of duty. It is his hope with the passage of S.B. 396, that a suspect will think twice about attacking and killing or disabling a K-9.

Senator Wiener asked how many police dogs there are in Clark County or if there are K-9s in other areas of the state. Deputy Meyer replied there are smaller jurisdictions that are starting to get K-9s as a donation because the jurisdictions are unable to afford to purchase them. Vice Chairman Porter mentioned that the City of Mesquite also has a K-9 unit.

Senator Titus mentioned that a number of people were at the hearing to support the bill. Additionally, she submitted a packet of letters and an editorial in support of S.B. 396 (Exhibit D).

Marnie Miller, Concerned Citizen, submitted a copy of her testimony (Exhibit E). She talked about how beautiful the State of Nevada is and how wild animals belong to all Nevadans. She urged owners of grazing animals to work with other Nevada residents to ensure there is enough food and water for all animals. She mentioned the suffering of animals that either have been shot or penned into canyons and left to starve to death slowly. Ms. Miller requested all Nevadans to be compassionate and to think of the beauty that wild animals add to the environment. In conclusion, Ms. Miller offered her support of S.B. 396, stating it lays the groundwork for cooperation between those concerned about many types of animals including wild, grazing, and domestic animals.

Paul J. Iverson, Administrator, Division of Agriculture, Department of Business and Industry, stated he was speaking in support of S.B. 396. He mentioned his agency has been involved in the case of the 34 horses slain December 27, 1998, over the past few months. He said the horses were estray horses, which means they were deemed the property of the Nevada Department of Agriculture and thus the State of Nevada. Mr. Iverson remarked that David S. Thain, D.V.M., Chief, Bureau of Animal Industry, Department of Business and Industry, who had the responsibility of autopsying the killed horses, was with him. He also mentioned there have been other animal-slaying incidents in the state such as cattle that were shot just north of the town of Elko in a similar manner to the horse shootings. He asserted this is an ongoing issue with the division, and there are only eight law-enforcement officers statewide to handle all of the livestock incidents.

Pete Bachstadt, Concerned Citizen, expressed his support for S.B. 396. He submitted a copy of his testimony (Exhibit F). He reported that according to American Law Reports, there have been no animal cruelty cases reported in Nevada since 1950. In Mr. Bachstadt’s opinion, that is due to the fact that the penalties are not sufficient in animal cruelty cases to warrant appeal. Additionally, Nevada law does not reference satanic ritualistic acts. He pointed out that a copy of Louisiana’s law is on the reverse side of Exhibit F. Mr. Bachstadt maintained there are people in Lyon County who could attest to the fact that those practices do occur in Nevada. He also mentioned that Nevada law does not reference bestiality, and in his opinion, it should.

Samuel P. McMullen, Lobbyist, Nevada Humane Society, stated the Nevada Humane Society was instrumental in bringing S.B. 396 to the Legislature. He said with him was Susan Asher, Executive Director, Nevada Humane Society, and in the audience was William L. Gardner, Chief Deputy City Attorney, Office of the City Attorney, City of Reno, who was also instrumental in drafting the language of the bill.

Susan Asher, Executive Director, Nevada Humane Society, distributed a copy of her testimony (Exhibit G) and testified the society is the oldest sheltered animal welfare organization in the state. She noted that one of the society’s functions has been enforcement of the existing cruelty statutes. Ms. Asher stated prior to the horse slayings last December 27, a meeting was called of animal welfare groups and concerned individuals to look at how the Nevada Revised Statutes (NRS) could be changed to provide more protection for animals as well as stronger penalties for those who abuse and neglect animals. She said enforcement officers from her office are called on daily from all over the state for their expertise in animal abuse cases. Ms. Asher remarked most of the society’s cases involve failure to provide food, water, and shelter. She explained only 3 percent of the society’s cases in 1998 would be categorized as abusive situations where there was deliberate action of intent on the part of the person to harm animals. Ms. Asher asserted those are the cases the society seeks to address by making changes to NRS.

Ms. Asher stated the society’s primary tool in dealing with people who are neglectful or abusive at times is education. In general, people are good about responding once they are educated in the proper care of animals. However, Ms. Asher commented over the years an increasing number of people are becoming repeat offenders, and Nevada law does not provide penalties for that. She advised that she invited Mr. Gardner from the City of Reno, as well as David Stanton, Chief Deputy District Attorney for Washoe County to aid in their efforts to change the law. It was their idea, according to Ms. Asher, to pattern NRS 574.100 after domestic violence and driving under the influence laws, which provide mandatory minimums in sentencing and increase penalties with repeat convictions to deal with animal abuse. She remarked this is what has been done in S.B. 396, and she asked for the committee’s support in passing this bill.

Thomas K. Blomquist II, Executive Director, Spay-Neuter Project, Inc., distributed a copy of his testimony (Exhibit H), which states:

Geoffrey T. Simmons, Program Coordinator, West Coast Regional Office, The Humane Society of the United States (HSUS), distributed a copy of his testimony (Exhibit I), and stated HSUS strongly supports S.B. 396. He told of a well-documented connection between animal cruelty and human violence. Additionally, studies in psychology, sociology, and criminology clearly show that violent offenders frequently have childhood and adolescent histories of serious and repeated animal cruelty. Mr. Simmons read statistics from Exhibit I which back up his claims. He advised that 22 states have passed anti-cruelty provision bills. As a final point, Mr. Simmons stated this bill, if passed, will place perpetrators into a criminal system where they can be tracked. He urged the committee to pass S.B. 396.

Doug Busselman, Lobbyist, Executive Vice President, Nevada Farm Bureau, testified that his organization is in support of S.B. 396.

Patricia Bower, Washoe County 4-H Guide Dog Project Leader, Eyes for Tomorrow, remarked she is in favor of anything that will help service animals, cattlemen, and wild horses. She requested the committee consider passing S.B. 396.

Dawn Y. Lappin, Director, Wild Horse Organized Assistance, stated she is a former three-term Commissioner for the State of Nevada Wild Horse Preservation Committee, and she is also a current member of the National Advisory Board for the U.S. Department of the Interior. Ms. Lappin distributed a copy of her testimony (Exhibit J), and advised that she was going to deviate from her written testimony to cover the areas not yet mentioned in the hearing. She said in the 1980s she flew with Governor Bryan to central Nevada to witness the carcasses of hundreds of animals. In the late 1980s she flew with Governor Miller in the Carson City area near the Pine Nut Mountains, where 40 animals had been shot. In Ms. Lappin’s opinion, citizens may fear that imprisonment for killing wild horses may raise Nevada’s prison levels rather rapidly. She assured the committee that the latest incident of horse shootings (December 27, 1998) is unusual in that suspects were actually arrested. In her opinion, passage of S.B. 396 will not burden the system, but act more as a deterrent.

C. Joseph Guild, Lobbyist, President Elect, Nevada Cattlemen’s Association, commented that his association is in support of S.B. 396.

Lydia Hammack, President, Virginia Range Wildlife Protection Association (VRWPA), remarked that VRWPA is a nonprofit organization representing over 500 voters and property owners on 37,000 acres in Storey County. She testified that the VRWPA would like to give its wholehearted support of S.B. 396 in memory of the 34 estray wild horses that were slaughtered in Storey County last December. Ms. Hammack submitted a copy of her testimony for the record (Exhibit K).

Dr. Thain testified that he was responsible for performing the autopsies on 33 of the horses slain on December 27, 1998. He stated they were not killed to be killed; they were maliciously slaughtered. Some of them lasted a long time before they died. Dr. Thain expressed his full personal support in addition to the Division of Agriculture’s support for S.B. 396.

Nile D. Carson, Jr., Lobbyist, Deputy Chief, Police Department, City of Reno, stated the moral, ethical, and quality-of-life issues had already been covered, but he wished to address the business aspects of S.B. 396. He remarked the Reno Police Department employs five K-9 dogs at the current time, and four horses that have become increasingly a part of the force’s "tool kit" to ensure public safety. Deputy Chief Carson testified that when one of the department’s animals is taken out of service, it renders one of its tools useless. He told of the department’s plan to utilize a bomb-sniffing dog in the future and its current use of drug-sniffing dogs. Deputy Chief Carson recalled a conspiracy to eliminate drug-sniffing dogs in the past because they are so good at their work. He pointed out that passage of S.B. 396 would provide protection for police animals and allow them to continue their work in the future.

Roberta A. Royle, Lobbyist, President, Wild Horse Spirit, explained her organization is a nonprofit wild horse advocacy organization. She distributed a copy of her handout (Exhibit L), in which Wild Horse Spirit supports S.B. 396. It goes on to say, "As one who first came upon the scene of the carnage of the 34 brutally killed wild horses on December 27, 1998, we heartily applaud the increase in the penalty for the killing of a wild horse."

Richard C. Simmonds, D.V.M., M.S., Concerned Citizen, read from his written testimony (Exhibit M), which in essence offers his support for S.B. 396. He also mentioned the remarkable coalition at the meeting in support of this bill. Dr. Simmonds also offered his support of Senator Titus’s amendment to include police dogs in the definition of service dogs, but he strongly urged the committee to not amend the bill otherwise.

William A. Gardner, Chief Deputy City Attorney, Office of the City Attorney, City of Reno, testified that he drafted a portion of S.B. 396 along with David Stanton, Chief Deputy District Attorney for Washoe County, and they are both in support of its passage.

Mary Yoshisato, Concerned Citizen, introduced her guide dog, "Decker." She read from her written testimony (Exhibit N). Ms. Yoshisato testified that being legally blind with severe tunnel vision and glaucoma, having a guide dog such as Decker has transformed her life. Laura Lau, 4-H Project Leader, Guide Dogs for the Blind, Inc., continued reading Ms. Yoshisato’s testimony, because Ms. Yoshisato had a cold and was unable to read at sufficient volume to be heard. Some of the highlights of Exhibit N are that service animals are an extension of the impaired person’s body and are essential for their owners to function. Ms. Yoshisato has had people feed her dog things he is not allowed to eat, pull on his harness, and generally harass him. She would like public service announcements and education of the public regarding the danger of distracting service animals from the job they have been trained to do. Ms. Yoshisato encouraged passage of S.B. 396, and concluded by stating a guide dog is, in addition to being a gift of independence, a gift of confidence, companionship, love and mobility without stress. She expressed her appreciation to the puppy raisers and trainers of all guide dog schools around the world.

Chairman James mentioned Ms. Yoshisato’s reference to someone petting Decker and inquired what problem that may cause. Ms. Yoshisato answered the public should ask first before petting a service animal, because they are an extension of the owner’s body, and it could cause a vision-impaired person who is crossing the street, for example, to lose his or her sense of direction or concentration. She reiterated that is the reason the public should be educated about service animal etiquette.

Mike Wellington, Supervisor, Lyon County Animal Control, testified he was in support of S.B. 396 and mentioned one thing that had not been covered by prior testimony is cruelty to domestic animals, which in turn affects the education of children. He remarked Lyon County is currently working to educate its children on how to treat their animals. He asserted people who have been convicted of animal cruelty in other states are moving into Lyon County because currently Nevada has an "open door" for people who abuse animals. Mr. Wellington stated he has convicted over 200 cruelty cases in 3 years; two have gone to jail at their convenience, on weekends, which in Mr. Wellington’s opinion, is not right.

There being no further testimony on the bill, Vice Chairman Porter closed the hearing on S.B. 396.

Chairman James opened the hearing on S.B. 448.

Senator Dean A. Rhoads, Northern Nevada Senatorial District, stated S.B. 448 has to do with liability for injuries incurred at rodeo events, horse shows, or other equine activities. He remarked that he served as chairman of the Elko County Fair Board for 18 years, and he recalled an incident in which a young man was running across the arena with his horse. There were electrical wires buried in the dirt, the ground was wet, and the horse contacted the electrical wires and was killed. Senator Rhoads said it resulted in a huge lawsuit. He stated that is only one of several incidents he is aware of over the last 30 years. Senator Rhoads asserted S.B. 448 would prevent large lawsuits resulting from accidents happening at various equine events in Nevada. He added many western states already have such statutes in place.

Senator McGinness remarked this bill would obviously protect such groups as the high school rodeo clubs. Senator Rhoads affirmed S.B. 448 would help sponsors of such activities from huge lawsuits.

Duane McPherson, Lobbyist, Spring Creek Association, testified that as part of the common area with the association, there is a 65,000 square foot, indoor arena. It is an equestrian event center. He stated his association is of the opinion that S.B. 448 is good as far as limiting liability. However, he mentioned that bronco riding is inherently risky, and members of his organization want to make sure that is clarified in the bill.

Thomas M. Lindsey, Lobbyist, American Horse Council, and Horse Council of Nevada, remarked he was at the hearing to support S.B. 448. He stated this is the fourth session this bill has been considered, and it should be enacted, in his opinion. Mr. Lindley emphasized that accidents do happen, and this bill would help protect individuals, organizations, and committees across the state to provide an atmosphere for the education of young people in the responsibility involved in the care and maintenance of livestock and horses.

Doug Busselman, Lobbyist, Executive Vice President, Nevada Farm Bureau, spoke in support of S.B. 448. He advised the federation has strong policies regarding the promotion of youth activities and other types of events, and he urged the committee to take favorable action on the bill.

C. Joseph Guild, Lobbyist, President Elect, Nevada Cattlemen’s Association, requested the committee’s support of S.B. 448. He pointed out that section 1, subsection 3, of the bill lists exceptions from immunity. He emphasized these are important to understand because opponents of the bill will argue there needs to be a fairly open tort system to protect individuals who are injured in these activities, and that is why immunities are wrong and contrary to the historic tort system in this country. He added there are precedents for exceptions to immunities as well as precedents for immunities. He concluded there are precedents in other states as well for this kind of protection for sponsors of equine activities.

Senator Care remarked traditionally, liability is a question of fact for a jury or a judge to determine. He asked if there has been a plethora of lawsuits that Mr. Guild would regard as frivolous naming a particular sponsor as a party. Mr. Guild answered he would not call it a plethora, but Senator Rhoads did mention an incident at the Elko County Fair when he was president of the Fair Board, in which a large lawsuit ensued as the result of injuries that occurred. Additionally, Senator McGinness mentioned a situation in Fallon during a high school rodeo that resulted in a lawsuit. Mr. Guild stated, in his opinion, the problem is under the surface. That problem is that insurance costs, as a result of some of the lawsuits that have occurred, have skyrocketed. He pointed out it takes a fairly major investment and a well-organized, and well-funded group just to buy the insurance necessary to put on a high school rodeo or similar function. He commented he has advised clients that have sought his opinion about operating riding stables or training stables, and so forth, that the cost of insurance is significant and probably an inordinate cost, because there are not that many accidents that actually occur.

Bill Bradley, Lobbyist, Nevada Trial Lawyers Association, stated for four or five sessions his association has been opposed to this bill. He said when the bill was introduced in the 1997 Legislative Session, on the Assembly side, a subcommittee was appointed, and a tremendous amount of work was done. Mr. Bradley asserted the investigation results indicated that the insurance was not difficult to obtain, however, it is a cost. He remarked there is not a plethora of these lawsuits. His office has handled two such cases, and one went to the Nevada Supreme Court. Mr. Bradley said the language of the bill is not understandable, which is why the bill has consistently died. Additionally, he noted that if Mr. Guild is correct in his statement that there are several exceptions in the bill that would allow a meritorious case to come forward, then insurance costs will not drop. If the goal of the bill is to make insurance costs drop, then there can be no exceptions; there would have to be a ban on any lawsuit associated with anybody standing within 100 feet of a horse. In Mr. Bradley’s opinion, that is not what S.B. 448 does, but instead creates an immunity from typical negligence situations. He claimed this bill is full of ambiguities that will cause more, rather than fewer, lawsuits.

Seeing no further testimony on the bill, Vice Chairman Porter closed the hearing on S.B. 448 and opened the hearing on S.B. 84.

Senator Bill R. O’Donnell, Clark County Senatorial District No. 5, stated in his opinion S.B. 84 does not belong in the Senate Committee on Judiciary. Further, he remarked there was currently a companion bill, S.B. 452, in the Senate Committee on Commerce and Labor.

Senator O’Donnell requested the committee pass S.B. 84 out and re-refer it to the Senate Committee on Commerce and Labor, so that it could be heard at the same time as S.B. 452 in that committee.

Vice Chairman Porter advised that the Senate Committee on Judiciary normally takes work session action on Fridays, and that he wished to confer with Chairman James before taking action on S.B. 84. After conferring with Chairman James, Vice Chairman Porter announced the committee would not take action on S.B. 84 that day. Senator O’Donnell then withdrew S.B. 84.

There being no further business to come before the committee, Vice Chairman Porter closed the hearing on S.B. 84 and adjourned the meeting at 10:25 a.m.

RESPECTFULLY SUBMITTED:

Jo Greenslate,

Committee Secretary

APPROVED BY:

Senator Jon C. Porter, Vice Chairman

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