MINUTES OF THE SUBCOMMITTEE OF THE

SENATE committee on Judiciary

 

Seventy-First Session

April 10, 2001

 

 

The subcommittee of the Senate Committee on Judiciarywas called to order by Chairman Maurice Washington, at 11:50 a.m., on Tuesday, April 10, 2001, in Room 2149 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Agenda.  There was no Attendance Roster.  All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

 

COMMITTEE MEMBERS PRESENT:

 

Senator Maurice Washington, Chairman

Senator Valerie Wiener

Senator Terry Care

 

STAFF MEMBERS PRESENT:

 

Bradley A. Wilkinson, Committee Counsel

Allison Combs, Committee Policy Analyst

Carolyn Allfree, Committee Secretary

 

OTHERS PRESENT:

 

J. Thomas Susich, Attorney, Douglas County School District

Michael McCormick, Deputy District Attorney, Douglas County

James F. Nadeau, Lobbyist, Washoe County Sheriff’s Office

 

Chairman Washington opened the hearing on Senate Bill (S.B.) 339.

 

SENATE BILL 339:  Provides for release of education record to certain persons under certain circumstances. (BDR 34-424)

 

Chairman Washington explained the proposed amendments to S.B. 339 (Exhibit B).  He said he hopes they will answer the concerns of the sheriffs and the juvenile justice department.  He then invited comments.

 

J. Thomas Susich, Attorney, Douglas County School District, said he has reviewed the proposed changes and they are acceptable to the district.

 

Michael McCormick, Deputy District Attorney, Douglas County, said one of the concerns he has is the bill seems to be directed toward juvenile investigations, and oftentimes people in high school are not juveniles and are no longer within the purview of the juvenile system.  So, he said, he thinks it ought to relate to an adult criminal investigation, rather than a juvenile investigation.

 

Bradley A. Wilkinson, Committee Counsel, said he did not think federal law would allow Nevada to adopt a statute that does not apply to the juvenile justice system.

 

James F. Nadeau, Lobbyist, Washoe County Sheriff’s Office, asked Mr. Wilkinson if he meant if the student were an adult the school would not fall under federal FERPA (Family Educational Rights and Privacy Act) requirements and could release information.

 

Mr. Wilkinson said he had not looked into the issue, but he said he does know federal law tells them what kind of statute they can pass, and specifically limits this kind of statute to the juvenile justice system.  He said he knows FERPA applies to post-secondary as well as high schools.

 

Chairman Washington said if everyone agrees they are dealing with the juvenile delinquent, they will amend the bill now as proposed, explore whether it applies to the adult student still in high school, then amend it on the Senate floor, if necessary, to address Mr. McCormick’s concerns.

 

Mr. Nadeau said the Washoe County Sheriff’s Office agrees with the proposed amendments to S.B. 339.

 

SENATOR WIENER MOVED TO RECOMMEND TO THE FULL COMMITTEE TO AMEND AND DO PASS S.B. 339.

 

Senator Care said he is not convinced of the necessity of S.B. 339, but would second the motion.

 

SENATOR CARE SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

There being no further business, the meeting was adjourned at 12:00 p.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

 

Carolyn Allfree,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Maurice Washington, Chairman

 

 

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