MINUTES OF THE ASSEMBLY COMMITTEE ON JUDICIARY Sixty-eighth Session May 30, 1995 The Committee on Judiciary was called to order at 8:05 a.m., on Tuesday, May 30, 1995, Chairman Anderson presiding in Room 332 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Bernie Anderson, Chairman Mr. David E. Humke, Chairman Ms. Barbara E. Buckley, Vice Chairman Mr. Brian Sandoval, Vice Chairman Mr. Thomas Batten Mr. John C. Carpenter Mr. David Goldwater Mr. Mark Manendo Mrs. Jan Monaghan Ms. Genie Ohrenschall Mr. Richard Perkins Mr. Michael A. (Mike) Schneider Ms. Dianne Steel Ms. Jeannine Stroth GUEST LEGISLATORS PRESENT: Assemblyman William Z. Harrington, District No. 2 STAFF MEMBERS PRESENT: Dennis Neilander, Research Analyst Patty Hicks, Committee Secretary OTHERS PRESENT: Mr. Lawrence P. Matheis, Executive Director, Nevada State Medical Association Ms. Liz Breshears, Chief, Bureau of Alcohol & Drug Abuse OTHERS PRESENT: (Continued) Ms. Linda M. Dunn, Washoe County District Health Department Ms. Wanda Bonner, Churchill Council on Alcohol & Other Drugs Mr. Rick Kropp, STOP Tobacco Access for Minors Project Mr. Brian Chally, Douglas County Mr. Ron Pierini, Douglas County Mr. Paul Gowins Dr. Donald S. Kwalick, MPH, State Health Officer Lieutenant Stan Olsen, Las Vegas Metropolitan Police Department Mr. Eric Cooper, Washoe County Sheriff/Nevada Sheriffs and Chief Assn. Lieutenant Phillip Galeoto, Reno Police Department Mr. Mark Hemmings, Tobacco Coalition Ms. Dana Bilyeu, Operations Officer, Public Employee Retirement System Mr. Ed Masad Dr. Randall Todd, MPH, State Health Division Mr. Robert Bayer, Director, Department of Prisons Ms. Sher Todd Ms. Rosalyn Martens Ms. Virginia Hayes Mr. Pat Coward, Lobbyist, Retail Association of Nevada Mr. Harvey Whittemore, Lobbyist, RJ Reynolds Tobacco USA Mr. John E. Jeffrey, Lobbyist, Tobacco Institute Mr. Sam McMullen, Lobbyist, Philip Morris USA Ms. Denise L. Everett, private nonprofit substance treatment center Ms. Pauline Salla Ms. Pat Peer, RN, March of Dimes Mr. Joe Guild, Smokeless Tobacco Council Miss Destiny S. (Minor) Miss Corrine N. (Minor) Miss Clarice F. (Minor) Ms. Mary Santino Ms. Mandy A. Canales-Salazar, Nevada Tobacco Prevention Coalition Mr. George Weeks, Department of Prisons Ms. Helen Janis Carey Mr. Ronald Carey Mr. Steven Miller ASSEMBLY BILL NO. 600 - Increases fine for parking unlawfully in space designated for handicapped persons and authorizes private enforcement. Assemblyman Mark A. Manendo, District No. 18, sponsor, testified A.B. 600 will provide for the use of private organizations or volunteers to perform peace officer function of enforcing handicap parking laws. If passed, this could prove to be both effective and cost efficient for law enforcement agencies. Several letters from disabled persons and the office of the Douglas County District Attorney were submitted for the record as (Exhibit C). Ms. Steel commented intermittent parking is not the answer and inquired who would provide proper training for volunteers. Mr. Manendo requested consideration for the local law enforcement agencies at their discretion to select, appoint, and properly train volunteers. Mrs. Monaghan expressed concern the fine may be too high and asked if there were any statistics on how much revenue would be generated by this measure. Mr. Manendo replied he is willing to negotiate on the amount of fine. Mr. Paul Gowins testified he was handicapped and enforcement of parking violations is one area he would like to see strengthened. Lieutenant Stan Olsen, Las Vegas Metropolitan Police Department, testified in support of A.B. 600; however, requested amendment to the word, "uniform," to include other identifying attire and utilize the same type of liability as for school crossing guards in S.B. 120. Chairman Anderson questioned if the police department would be opposed to utilizing security guards at shopping malls to issue parking violations. Lt. Olsen advised they would be opposed to security guards being empowered as they are not volunteers of a police department and are a private company. Lieutenant Phillip Galeoto, Reno Police Department, testified in support of A.B. 600 and offered the attached amendment to include other identifying attire for the volunteers attached as (Exhibit D). In reference to private security guards being empowered to issue parking violations, Lt. Galeoto advised there are a lot of guards without the appropriate training. Ms. Steel asked if there would be any objection to private security guards receiving training and certified by the police departments. Lt. Galeoto advised there are thousands of private security guards in Nevada and organized citizen groups have taken it upon themselves to handle it themselves. Mr. Manendo stressed this legislation will be a stronger deterrent to further violations and asked for implementation with the citizens' academy first with training provided by the police department to determine if it will be successful in the future. Ms. Steel asked if there were any strong cases of repeat offenders with $100 fines. Lt. Olsen was aware of one case. In response to Chairman Anderson's question regarding the division of dollars of the $100 fine, Lt. Galeoto advised that just the ticket division issues citations and police officers do not do enforcement. In response to Chairman Anderson's inquiry regarding issuance of citations on private property, Lt. Olsen advised they have jurisdiction to do it; however, Las Vegas Metropolitan Police Department does not have the personnel or the resources to respond to calls in these situations and noted the abuse of handicapped permits. ASSEMBLY BILL NO. 622 - Revises provisions related to tobacco. Mr. Sam McMullen, Lobbyist, Philip Morris USA, testified in support of A.B. 622 and provided background and summary attached as (Exhibit E). In reference to p. 2 of A.B. 622, Section 3, ll. 38-41, Chairman Anderson asked if he could run his own internal check. Mr. McMullen replied the most reliable method would be conducted by law enforcement. In reference to p. 3, ll. 23-26 Chairman Anderson questioned if city or local governments would not be able to have a smokeless zone. Mr. McMullen advised it is covered under ll. 27-31 in the pre-emption statute enacted in 1991. Mr. Goldwater inquired where do the retailers derive their licenses to sell tobacco. Mr. Pat Coward, Lobbyist, Retail Association of Nevada, advised from the business license. Mr. Goldwater stated A.B. 622 provided a financial penalty without loss of license. Mr. McMullen advised currently it is two violations. Mr. Carpenter questioned the need for the bill when it is not against the law for anyone to smoke, as it is the individual's prerogative. Mr. Carpenter emphasized opposition to tobacco companies who force legislation which is detrimental to the little retailer. Mr. Coward stated the retailers are the ones that have to comply with the law and make sure employees are trained. Retailers are the ones that have to do the checking and that is the reason for the involvement from the retailer's association from the beginning. Mr. Joe Guild, Smokeless Tobacco Council, noted on p. 3, Section 7, subsection 3, is the section that absolves retailer as long as he is in compliance. Mr. Guild stated this is actually a retailer protection in the bill and would help in compliance with the federal mandate. Ms. Buckley noted there was no provision for a misdemeanor offense for selling to a minor. Mr. McMullen advised there is a blanket provision in Nevada Revised Statutes (NRS). In reference to p. 2, Sec. 3, ll. 38-41, Ms. Buckley asked if a proprietor wanted to establish their own undercover sting what effect this provision would have. Mr. McMullen stated if they use someone under 18 it would apply. Ms. Buckley expressed concern of using a lawful standard has to comply with the evidence code in order to be able to introduce evidence in court. Mr. McMullen replied he did not think it is correct as the district attorney would not conduct a sting operation without law enforcement. Mr. Harvey Whittemore, Lobbyist, RJ Reynolds Tobacco USA, advised the section only applied to a sting operation using a child and not the normal police operation. Ms. Buckley requested why Section 2 provided the juvenile be adjudicated a delinquent instead of a child in need of supervision (CHIN). Mr. McMullen advised the statute was based on Nevada criminal law. Mr. Pat Coward, Lobbyist, Retail Association of Nevada, testified in support of A.B. 622 and advised this bill focuses on the problem and has shown benefits in checking for identification. In reference to p. 5, Section 9, Mr. Manendo requested clarification for a minor purchasing alcohol and what the offenses were. Mr. Whittemore advised the penalties are unique in this bill and an ordinance can also add impact. Mr. Joe Guild, Smokeless Tobacco Council, testified in support of A.B. 622 as it prohibits sales and use to underage people and is a tool that will help to discourage the use of tobacco. Mr. Harvey Whittemore, Lobbyist, RJ Reynolds Tobacco USA, testified A.B. 622 makes it a crime for children to purchase tobacco, provides for random, unannounced inspections, and provides for annual reports for compliance with federal law. Mr. Carpenter asked if they would favor no tobacco advertising in Nevada. Mr. Whittemore replied absolutely not. Mrs. Monaghan read a letter from Department of Health & Human Services, Substance Abuse and Mental Health Services Administration, Rockville, MD, attached as (Exhibit F). Mr. Whittemore advised employers are not exempt from inspections but from criminal provisions. Mr. John E. Jeffrey, Lobbyist, Tobacco Institute, testified in support of A.B. 622 and commented underage people should be protected and this legislation is required by federal law. Failure to conduct inspections and enforce the law would result in an increasing penalty to the state Bureau Alcohol And Drug Abuse (BADA) block grant. Mr. Neilander, Research Analyst, informed if it is a crime and a penalty is not provided for, it is a misdemeanor as defined in NRS 193.150. Mr. Sandoval inquired what type of training would be developed. Mr. Whittemore advised a program will be developed which will supplement the material and create a training program with certified instructors much like the Clark County ordinance with respect to not serving alcohol to minors. Mr. Sandoval asked if this service would be provided by the tobacco industry at no charge to the retailers. Mr. Whittemore advised it would be a function from both the tobacco and retail associations. Mr. Whittemore informed retailers were concerned about the provision where they could lose their license for their store, so internally they develop their own program if this legislation is passed. Mr. Guild responded the smokeless tobacco council is conducting nationwide programs for retailers to act in compliance with the federal law and would continue if this legislation is passed. Mr. Carpenter noted the Synar law provides for random, unannounced inspections and saw no reference to a sting operation. Mr. Carpenter suggested Mr. Whittemore and Mr. McMullen could come into his store and ask him whether or not he is telling his clerks not to sell cigarettes to minors and that would suffice. Mr. Carpenter insisted the sting operation is not needed. Mr. Whittemore commented that would be fine but did not believe the federal government would continue to approve Nevada's block grants. Mr. Whittemore expounded the tobacco industry tries to do a good job and knows there is a problem and they are responding to the federal government's mandate that we do something in a responsible way. The committee took a break at 9:46 a.m. and reconvened at 9:50 a.m. as a subcommittee with the following Assemblymen absent: Ohrenschall, Batten, Goldwater, Schneider, Steel, Perkins, Stroth. Lieutenant Stan Olsen, Las Vegas Metropolitan Police Department, testified against A.B. 622. Lt. Olsen advised Metro Police recognizes the use of tobacco among youth is a problem as well as burglary, rape, drive by shootings, murder. In its present form they cannot support A.B. 622. Due to the increase of crime and population, there are 1.7 police officers for every 1,000 residents in Las Vegas, excluding N. Las Vegas, Henderson, and Boulder City. If this bill is enacted, Lt. Olsen informed the ratio will become 1:1000 in Clark County excluding the 26 million tourists per year. Lt. Olsen remarked Las Vegas residents cannot be asked to pay increased taxes to conduct covert operations to catch businesses selling cigarettes to high school age juveniles. They simply do not have the resources. In Section 3, subsection 2, ll. 19-22, juveniles 13-16 use of tobacco, Lt. Olsen informed no one is employed in this age group with exception of summer youth programs for a six week period. In Section 3, subsection 3, l. 23, pp. 1-2, juvenile identification requirement, Lt. Olsen remarked minimum wage employees at a small store would be terminated as a result of their actions with nothing to prevent this person from taking retribution against the juvenile. Lt. Olsen commented the bill also requires law enforcement identify the juvenile who bought the cigarettes, effectively ending further use of that person without placing him in further danger. Lt. Olsen advised covert operations whether tobacco, drugs, stolen items, are inherently dangerous and his department cannot support that type of operation. Apparently, Lt. Olsen commented, this bill was written without any knowledge or consideration of law enforcement type operations, without the safety of the juvenile operative or without fiscal impact. However, it appears to be written with the well being of tobacco seller in mind. Lt. Olsen was aware at issue is approximately $2 million dollars in state funding and regulations mandated by federal law. Lt. Olsen made recommendations to remove the sheriff and police departments from this bill by utilizing the Nevada Division of Investigations, Attorney General Office, or other state enforcement agencies. Mr. Eric Cooper, Washoe County Sheriff/Nevada Sheriffs and Chiefs Association, testified they object to enforcing the provision of this bill from the standpoint that this bill is designed to protect state money that is given to the state by the federal government in connection with the Synar amendment. Mr. Cooper stressed this is a state problem, not a local law enforcement one. Mr. Cooper advised it better resides with a state enforcement agency. Mr. Cooper stated the sheriffs do not want to perform the inspections because there is no funding provided. Mr. Cooper pointed out the conflict of sheriffs performing inspections in the jurisdictions of chiefs of police. Use of alcohol by underage juveniles is an immediate public safety problem and enforcement of tobacco retail sales is not and Mr. Cooper advised the sheriffs and chiefs associations do object to A.B. 622. Chairman Anderson declared the committee now has a quorum and is no longer meeting as a subcommittee. Lieutenant Phillip Galeoto, Reno Police Department, testified against A.B. 622. Lt. Galeoto stressed without question this is an unfunded mandate and establishing a new level and type of investigator responsibility for all law enforcement in the state. Lt. Galeoto did not believe it was appropriate to place 15-16 year old children in harms way in that fashion. Lt. Galeoto advised the natural consequences of police investigations of any type is that people hold grudges and the youth should be protected. Mr. Humke asked how adult confidential informants are recruited. Lt. Galeoto advised they do not do this type of undercover investigation; but informants usually come out of criminal cases who are at risk for some form of sanction by the government or they are a citizen who volunteers. Mr. Humke concluded their interest in participating in such an endeavor would be essentially as a result of a plea bargain to be treated better by the criminal justice system. Lt. Galeoto stated not always, but potentially there is a chance for that. Mr. Lawrence P. Matheis, Executive Director, Nevada State Medical Association, advised today he is acting as chairman of the Nevada Tobacco Prevention Coalition and was against A.B. 622. Mr. Matheis advised there are two bills before the legislature that addresses tobacco use by youth, A.B. 637 and A.B. 622. The issue of $630,000 budget hold because Nevada is not in compliance with federal law and A.B. 622 will not bring us into compliance. Mr. Matheis advised A.B. 637 will bring Nevada into compliance if passed. The issues of the adverse impact on Nevadans is the disproportionate effect of tobacco with overwhelming health indicators. Mr. Matheis remarked the focus on youth is because half of the people who smoke started before they were fourteen and 90% of smokers started before they were eighteen. If you cannot interdict the initial behavior, Mr. Matheis stated there is a good chance of using tobacco later in life. Mr. Matheis commented the party to hold responsible is the one who is purveying the tobacco product to the youngster which is an adult choice. Mr. Matheis suggested the establishment for tobacco retailers a tobacco purveyor's license and the license could be withdrawn or sanctioned if an adult chooses to break the law. Mr. Matheis was of the opinion A.B. 622 pre-empted communities from establishing standards that are more restrictive than the state in public health issues in Section 6. Mr. Rick Kropp, STOP Tobacco Access for Minors Project, testified against A.B. 622 and his testimony is attached as (Exhibit G). In regard to inspections for federal compliance Ms. Steel asked who Mr. Kropp would propose to do the inspections and where the funds would come from. Mr. Kropp advised the Synar amendment not only requires a legislative mechanism, a law against sales to minors, but the statement actually demonstrated to the federal government that this mechanism is actually reducing sales to minors through enforcement. Mr. Kropp stated it must be demonstrated to the federal government the progress that has been made. In terms of examples on the local and state level the best agencies to do this is state, district, and local health departments through a civil mechanism, i.e., licenses. Mr. Kropp added the way to pay for it is through licensing fees which is the best model. Ms. Steel asked if the block grant funds could be used in this manner. Mr. Kropp advised the Synar amendment does allow the administrative portion of the federal block grant funds to be used for enforcement, as done in CA. Ms. Steel asked the amount of the block grant. Dr. Breshears, Chief of BADA, advised the total amount of Nevada's block grant is $6.3 million dollars per year, 5% of that award amount is for administrative costs. In Nevada Dr. Breshears stated more of the administrative costs previously paid by the state have shifted to the federal block grant. If any of those funds were used for enforcement, Dr. Breshears informed it would mean a loss of staff and training provided statewide. Mr. Carpenter inquired if there were any statistics to support that youth are getting their cigarettes from illegal sales from retailers. Mr. Kropp replied the leading source is over the counter sales from retail stores, followed by parents and siblings. Mr. Carpenter asked if Mr. Kropp was in favor of prohibition of advertising of tobacco products. Mr. Kropp replied absolutely. Dr. Breshears, Chief of BADA, testified to preserve the federal substance abuse block grant which comprises over 65% of the funding in this state for prevention and treatment activities. To Dr. Breshears' knowledge no one has ever enforced state law which prohibits the tobacco sale to minors. This single fact Dr. Breshears advised puts the grant in jeopardy without enforcement of the law. In terms of random, unannounced inspections and enforcement, Dr. Breshears stressed are two separate items. At the end of this fiscal year, Dr. Breshears noted that report will not look good unless something is done immediately. Dr. Breshears commented this particular bill not only helps but presents a few barriers: requires sheriff's office to do the inspections and annual report. Dr. Breshears informed the Governor is willing to place $60,000 into the BADA budget to contract with entities to accomplish enforcement which will answer the needs and unnecessary legislation is not needed. Dr. Breshears informed it will bring the state into compliance. Mrs. Monaghan asked if BADA had no enforcement authority and if it was with the health authorities and the police. Dr. Breshears confirmed that was correct and those funds would flow through the agency budget to whatever entities willing and able to enforce at the local levels. Mrs. Monaghan noted at the present time no one is enforcing. Dr. Breshears affirmed that no one is enforcing. Dr. Donald S. Kwalick, MPH, State Health fficer, testified in opposition to A.B. 622 and support A.B. 637, attached as (Exhibit H). Mrs. Monaghan asked Dr. Kwalick according to BADA there is no enforcement and why the health authorities have not been enforcing a current law. Dr. Kwalick responded they basically have not been enforcing it because of lack of resources similar to the police officer's testimony earlier. Ms. Mandy A. Canales-Salazar, President, Nevada Tobacco Prevention Coalition, testified in opposition to A.B. 622 and supports A.B. 637. Currently, Ms. Salazar advised youth still have quick and easy access to tobacco products when purchasing over the counter from the store and asked for attention to the matter. Ms. Denise L. Everett, M.A., CADC, Executive Director, Adolescent Care and Treatment, a private nonprofit substance treatment center, testified in opposition to A.B. 622. Ms. Everett commented adolescents at 13-14 years of age are just moving from concrete thought into abstract thought and not developmentally capable of making life and death decisions. Miss Corrine N., (14 years) Adolescent Care and Treatment, a private nonprofit substance treatment center, pointed out the youth at Caliente are allowed to smoke with permission from their parent or guardian and viewed it as an extra privilege against the law. Miss Destiny S., (16 years) Adolescent Care and Treatment, a private nonprofit substance treatment center, called attention to the glamorous advertising for tobacco instead of people hooked up to life-saving respirators dying of cancer and emphysema. Miss Destiny advised their sources of cigarettes are parents and friends, and will not curb smoking. Chairman Anderson recommended a book to Miss Destiny by Brian Wilson Key entitled, "Subliminal Seduction," to understand how the advertiser uses his art to sell products. Mr. Manendo inquired if both of the youths smoke. Miss Corrine and Miss Destiny advised they smoke because they want to and one has smoked since 9 years old. Mr. Manendo commented instead of pointing fingers at the tobacco industry responsibility should be taken for themselves and cautioned against submitting to peer pressure. Mr. Carpenter asked if they could not purchase cigarettes at any store, what would be their other sources. Miss Destiny advised from parents. Mr. Carpenter asked the girls who they thought the biggest supplier of cigarettes was. The girls replied their get their cigarettes from stores as they do not have to produce an identification and their parents. Chairman Anderson announced the testimony will be closed on A.B. 622 and if anyone has written testimony, the record will be left open to provide for submission to the committee secretary, attached as (Exhibits I-O). ASSEMBLY BILL NO. 579 - Makes various changes relating to property that is exempt from execution. Assemblyman William Z. Harrington, District No. 2, sponsor, testified in support of A.B. 579. Dr. Harrington submitted a proposed amendment to eliminate the homestead amount which is addressed in another bill and the reasons to vote for A.B. 579, attached as (Exhibit P). Ms. Buckley inquired about private contributions to a plan under 26 USC 401. Dr. Harrington advised they are plans with a limited amount and one cannot put an unlimited amount into these protected pension funds. Mr. Goldwater asked if this only covers IRA's and not the provisions in the tax code. Dr. Harrington advised it would cover 401K's, IRA's. Mr. Goldwater remarked those are contributions and Dr. Harrington advised there still would be a cap on what could be deposited into them. Through this bill the writ of execution, Mr. Goldwater stated would be exempt under the 401K plan in which the entire contribution is unlimited. Dr. Harrington did not believe 401K's are unlimited, as they are tied to the person's income. Mr. Goldwater said its tax treatment is unlimited but as far as non-assets one could put into it, he did not believe was unlimited. Dr. Harrington understood this bill would treat those who have the limited amount of year by year income which is the intent of the bill. Dr. Harrington's intent was to eliminate the hiding of assets all of a sudden and the year by year donation type of pension fund. Ms. Dana Bilyeu, Operations Officer, Public Employees Retirement System, testified and her testimony is attached as (Exhibit Q). ASSEMBLY BILL NO. 611 - Makes various changes regarding conditions and costs of imprisonment. Assemblyman William Z. Harrington, District No. 2, sponsor, testified in support of A.B. 611. Dr. Harrington submitted the reasons to vote for A.B. 611, attached as (Exhibit R). Mrs. Monaghan on the prison tour noted the televisions and radios inmates purchased with their own money and asked if state funds were being used for the purchases. Dr. Harrington advised most of the ones in the individual cells are bought with inmate's own money and he had no problem with that but did not want the government providing funds for that equipment. With these types of facilities Mrs. Monaghan asked if there were statistics on the increase of prison guards. Dr. Harrington did not have any but offered to get it for her. Mr. Schneider commented including computers is in conflict with rehabilitation of prisoners and noted it appears A.B. 611 just houses, locks up, lead a frugal life, without rehabilitation. Dr. Harrington stated he did expect inmates to lead a frugal life and not as prosperous as people who abide by the laws. In reference to computers on p. 2, ll. 28-30, Dr. Harrington called attention to provision of acceptable computer use for employment and rehabilitation but not personal enjoyment and use. Dr. Harrington remarked inmates are already getting free medical care, dental care, meals, room and board, and many of our citizens abiding by the laws do not get all those benefits. Dr. Harrington remarked he did not want to make inmate's lives insecure but he certainly did not want to make it luxurious either. Mr. George Weeks, Assistant Director of the Department of Prisons, testified in opposition to A.B. 611: issue of security and cost. In addressing costs first, Mr. Weeks advised the prison system is most cost effective. Mr. Weeks presented 1992 figures on average cost to maintain prisons of $52.22 per prisoner, $40.51 per inmate is Nevada's cost. Other states more cost effective are AL, AK, KY, LA, MS, MO, OK, OH, SC, WV. Mr. Weeks advised of the constitutional requirement providing basics must be provided to inmates. Mr. Weeks advised the military expenditure to feed a serviceman is $5 per day and Nevada Prison expends $2.73 per day. Mr. Weeks addressed the security issues and the primary concern is idleness and stressed the need to prevent idleness. Mr. Weeks advised they provide from funds generated from the inmates' stores cable and satellite TV in the remote areas which is a big benefit to the security. Mr. Weeks advised no inmate has been given a TV bought with state funds. TV's left behind by inmates upon release are redistributed on a deserving basis to inmates and they are cautioned on the removal of items such as TV, etc., as due process is required and could create a potential for riots. On p. 2, l. 3, Mr. Weeks recommended the insertion of education. In summary, Mr. Weeks advised the cost is totally impossible and secondly a real security risk. Chairman Anderson concluded the Department of Prisons did not support A.B. 611 as it is cost prohibitive and rehabilitative programs would not be able to be utilized. Chairman Anderson announced the record will be left open so any person and department can put testimony into the record. COMMITTEE INTRODUCTION: ASSEMBLYMAN HUMKE MOVED FOR COMMITTEE INTRODUCTION OF BDR 36-2016. ASSEMBLYMAN MANENDO SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMEN BATTEN, STEEL, STROTH, AND PERKINS WERE NOT PRESENT FOR THE VOTE.) There being no further business to come before the committee, Chairman Anderson adjourned the meeting at 11:14 a.m. RESPECTFULLY SUBMITTED: Patty Hicks, Committee Secretary APPROVED BY: Assemblyman Bernie Anderson, Chairman Assemblyman David E. Humke, Chairman Assembly Committee on Judiciary May 30, 1995 Page