MINUTES OF THE
SENATE COMMITTEE ON COMMERCE AND LABOR
Sixty-seventh Session
May 5, 1993
The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:30 a.m., on May 5, 1993, in Room 227 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator Randolph J. Townsend, Chairman
Senator Sue Lowden, Vice Chairman
Senator Ann O'Connell
Senator Mike McGinness
Senator Raymond C. Shaffer
Senator Leonard V. Nevin
Senator Lori L. Brown
STAFF MEMBERS PRESENT:
Beverly Willis, Committee Secretary
Brian Davie, Senior Research Analyst
OTHERS PRESENT:
David J. Reese, Cooke, Roberts & Reese, Ltd.
Andrea Pelter, President, Reno Iron Works
Carol Hanna, Executive Director, Private Investigator's Licensing Board
Pat Coward, Lobbyist, Retail Association of Nevada
Bill Bertram, Investigator, Attorney General's Office
Robert Kirkman, Deputy Attorney General, Private Investigator Licensing Board
Eugene Dimick, Vice President, Nevada Investigator's Association
Andy Swall, Lobbyist
Mary F. Santina, Lobbyist, Executive Director, Retail Association of Nevada
Jerry Higgins, Executive Director, Nevada State Board of Registered Professional Engineers and Land Surveyors
Rita M. Lumos, Nevada State Board of Registered Professional Engineers and Land Surveyors
Terry McHenry, Survey Supervisor, Community Development Department
Brett N. Lane, Professional Land Surveyor (P.L.S.), Clark County Surveyor
Virginia Valentine, Professional Engineer (P.E.), Chief Engineer/General Manager, Clark County Regional Flood Control District
Chris D, Spandau, State President, Nevada Society of Professional Engineers
Jack M. Holmes, Professional Land Surveyor (P.L.S.), Washoe County Surveyor
Walter Bruce Robb, Attorney at Law, Counsel for the State Board of Engineers and Land Surveyors
Max Montgomery, President, Cherokee Engineering, Inc.
Marsha Berkbigler, Lobbyist, Consulting Engineers Council of Nevada
Terry McHenry, Professional Land Surveyor (P.L.S.), Nevada Association of Land Surveyors
Senator Townsend opened the hearing with the information that Senate Joint Resolution (S.J.R.) 19, had been passed with an amendment, but it had not been amended correctly.
SENATE JOINT RESOLUTION 19: Urges Congress to develop contingency plans for alternative employment of workers at Nevada Test Site if operations are substantially reduced or closed and to include in those plans use of any money available from President Clinton's program for transfer of governmental technology to private sector.
SENATOR O'CONNELL MOVED TO RESCIND THE ACTION ON S.J.R. 19.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
* * * * *
SENATOR O'CONNELL MOVED TO DO PASS S.J.R. 19 WITH SENATOR TITUS'S AMENDMENT.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
* * * * *
Senator Townsend opened the hearing on Senate Bill (S.B.) 212.
SENATE BILL 212: Makes various changes relating to licensing of contractors.
David J. Reese, Cooke, Roberts & Reese, Ltd., Attorney for State Contractors Board, introduced himself to the committee. Mr. Cooke noted he was involved with the language change contained in S.B. 212. He stated a primary concern was to amend the provision that allows regulation of the use of names by contractors doing business in the state of Nevada. Mr. Reese stated they wanted to be sure that contractors operate under a name that will truly identify them, so people will know with whom they are dealing. A discussion between Senator O'Connell and Mr. Reese ensued regarding various licensing practices.
Andrea Pelter, President, Reno Iron Works was next to testify. Ms. Pelter noted her testimony was a philosophical overview dealing, with bankruptcy. She referred to S.B. 212 stating that when her company was in bankruptcy, some state agencies did not want her to be allowed to go back into business using her company's name. A further discussion ensued between Senator Lowden, Senator O'Connell, Ms. Pelter, Senator McGinness, and Mr. Reese.
At this time Senator Townsend closed the hearing on S.B. 212 and opened the hearing on S.B. 358:
SENATE BILL 358: Limits exemptions from licensure by private investigator's licensing board.
First to testify was, Carol Hanna, Executive Director, Private Investigator's Licensing Board. Ms. Hanna introduced Exhibit C, a letter explaining reasons for this bill. Senator O'Connell asked for an explanation on requirements for carrying a firearm. A discussion was held between Ms. Hanna, Pat Coward, Lobbyist, Retail Association of Nevada, Senator Shaffer and Senator O'Connell regarding various requirements and liabilities for security guards who might be hired for retail stores and/or shopping malls.
Senator Lowden and Ms. Hanna discussed what types of positions or organizations, i.e., nonprofit or voluntary groups, which might qualify as far as the need for a license in order to operate as investigators. Bill Bertram, Investigator, Attorney General's Office, joined the discussion regarding investigators who had in the past worked for nonprofit organizations. Mr. Bertram stated he felt that some regulation should be involved for anyone setting out to be an investigator. Mr. Bertram went on to discuss unlicensed activity and what options are available for regulation. Senator McGinness and Mr. Bertram had further discussion on regulation and disciplinary action available.
Robert Kirkman, Deputy Attorney General, Private Investigator's Licensing Board, answered Senator Lowden's question over nonprofit
organizations having to pay license fees. Mr. Kirkman stated he
thought there was a good possibility to develop language that would address her concern.
Eugene Dimick, Vice President, Nevada Investigator's Association, noted his organization supported S.B. 358.
Next to testify was Andy Swall, Lobbyist, who stated he supported S.B. 358 as amended. At this time, he presented Exhibit D, his proposed amendment to S.B. 358. There was discussion between Mr. Swall, Ms. Hanna, Senator Shaffer, Senator Townsend and Senator O'Connell on requirements necessary before being allowed to become an investigator.
Mary F. Santina, Lobbyist, Executive Director, Retail Association of Nevada, noted her organization was in opposition to S.B. 358. She then went on with an explanation. Senator O'Connell wanted to know how many people S.B. 358 would affect, since there was a requirement of 5 years of experience before they would be eligible to be hired. Ms. Santina, Mr. Swall, Ms. Hanna, Mr. Bertram and Mr. Dimick discussed this situation at length. Senator Townsend and Senator Nevin also joined the discussion. It was noted by Senator Townsend that S.B. 358 would go to subcommittee.
Senator Townsend closed the hearing on S.B. 358 and opened the hearing on Assembly Bill (A.B.) 236.
ASSEMBLY BILL 236: Allows private investigator's licensing board to issue citations and impose fines for unlicensed activity that requires licensure.
First to testify on A.B. 236 was Ms. Hanna. Ms. Hanna presented Exhibit E, a letter and an explanation of unlicensed activity from November 1991 through February 1993.
Senator Nevin and Ms. Hanna discussed where revenue from licenses and fees went. Ms. Hanna replied the revenue went back into the agency. Mr. Swall stated he did support A.B. 236. Senator Nevin and Mr. Kirkman discussed enforcement and collection of fines.
Senator townsend closed the hearing on A.B. 236 and opened the hearing on S.B. 379.
SENATE BILL 379: Eliminates authority for professional land surveyor to prepare grading and drainage plans.
First to testify was Jerry Higgins, Executive Director, Nevada State Board of Registered Professional Engineers and Land Surveyors, who introduced Rita M. Lumos, Nevada State Board of Registered Professional Engineers and Land Surveyors. Ms. Lumos testified as to the purpose of S.B. 379.
Terry McHenry, Survey Supervisor, Community Development Department concurred with the statement made by Ms. Lumos. Brett N. Lane, Professional Land Surveyor, (P.L.S.), Clark County Surveyor also concurred with Mr. McHenry and Ms. Lumos.
Senator Shaffer noted that drainage and grading plans were sometimes handled by land surveyors. Mr. Lane noted most engineers work from land surveyors data. Land surveyors perform the measurement. Mr. Lane stated for the record:
If there are surveyors who have been doing this work and engineers who have rubber stamped it, because, in fact, the law in 1991 did not make a change, it is not a turf war. It has always been a requirement that a civil engineer stamp grading plans. If, in fact, they have been rubber stamping them, we would sure like to know it; I think the board would like to know about it. It really gets down to operating outside of their area of licensure. It does not create an additional cost, as Senator O'Connell has asked. What it does is to clarify what the limits of areas of expertise these two disciplines have. The requirement has always been there, senator, for an engineer to certify, establish design grades, or a grading plan for residential lots, I don't care how many lots. It's always been there, it's no additional cost in that vein. I have a real problem in thinking there are registrants out there that are actively violating the law with respect to the licensing requirements.
Senator McGinness inquired whether those people who might be designated in a flood plain would need a hydrology survey in order to develop their land.
Virginia Valentine, Professional Engineer, (P.E.), Chief Engineer/General Manager, Clark County Regional Flood Control District, answered stating a certificate from a licensed professional engineer would be required to prove where property was located in relation to a flood plain. Ms. Valentine presented Exhibit F, an explanation of land surveying and hydrology.
Chris D, Spandau, State President, Nevada Society of Professional Engineers, was next to testify in support of S.B. 379. Jack M. Holmes, Professional Land Surveyor, (P.L.S.), Washoe County Surveyor was next to testify in support of S.B. 379.
Walter Bruce Robb, Attorney at Law, Counsel for the State Board of Engineers and Land Surveyors, was next to testify. Mr. Robb urged the passage of S.B. 379. Next to testify in favor of this bill was Max Montgomery, President, Cherokee Engineering, Inc. Mr. Montgomery also presented Exhibit G, written in support for the bill.
Mr. Higgins presented Exhibit H, a letter in support of S.B. 379, from Larry E. Crow, Professional Land surveyor, (P.L.S.), North Las Vegas City Surveyor.
Senator McGinness, Ms. Valentine and Ms. Lumos had a discussion on problems that might arise for those in extremely rural areas as to whether or not professional people would have to come from more populated areas to do the work. Ms. Lumos offered the suggestion that often in rural areas professionals would have dual licenses.
Marsha Berkbigler, Lobbyist, Consulting Engineers Council of Nevada, noted procedures had not changed in rural Nevada. She noted there are engineers currently registered in rural Nevada, many of whom were dually licensed. Ms. Berkbigler noted her organization supports this bill.
Senator Townsend closed the hearing on S.B. 379 and opened the hearing S.B. 396.
SENATE BILL 396: Makes various changes relating to professional land surveyors.
Next to testify was Terry McHenry, Professional Land Surveyor (P.L.S.), Nevada Association of Land Surveyors, who initiated S.B. 396. Mr. McHenry presented Exhibit I, a synopsis of S.B. 396. Mr. McHenry went on to explain what he felt to be the most important points of the synopsis. Mr. Lane concurred with Mr. McHenry's point of view. Senator Nevin, Mr. McHenry and Mr. Lane had further discussion regarding S.B. 396.
There being no further business, the meeting was adjourned at
10:55 a.m.
RESPECTFULLY SUBMITTED:
Beverly Willis,
Committee Secretary
APPROVED BY:
Senator Randolph J. Townsend, Chairman
DATE:
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Senate Committee on Commerce and Labor
May 5, 1993
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