MINUTES OF THE ASSEMBLY COMMITTEE ON LABOR AND MANAGEMENT Sixty-eighth Session March 2, 1995 The Committee on Labor and Management was called to order at 3:30 p.m., on Thursday, March 2, 1995, Chairman Dennis Nolan presiding in Room 321 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Ms. Saundra (Sandi) Krenzer, Chairman Mr. Dennis Nolan, Chairman Mr. David Goldwater, Vice Chairman Mr. Lynn Hettrick, Vice Chairman Mr. Bernie Anderson Mr. Douglas A. Bache Mr. John C. Carpenter Mr. Pete Ernaut Mr. Mark Manendo Mr. Brian Sandoval STAFF MEMBERS PRESENT: Mr. Vance A. Hughey, Senior Research Analyst Mr. Fred W. Welden, Chief Deputy Research Director OTHERS PRESENT: Mr. Bob Gagnier, Executive Director, SNEA Ms. Cecilia Colling, Asst. General Manager, SIIS Mr. Gene Williams, Asst. State Fire Marshall Mr. Gary Yoes, SEIU Ms. Nancy Howard, Nevada League of Cities Chairman Nolan declared the hearing on A.B. 57 to be open. He called Mr. Gagnier to testify. ASSEMBLY BILL NO. 57 - Broadens application of provisions governing eligibility for workers' compensation for diseases of heart or lungs. Mr. Bob Gagnier, Executive Director of SNEA, opened his testimony by stating A.B. 57 was introduced at their request because the present statute, NRS 617.135 which was enacted to recognize the sudden exertion which often accompanies law enforcement activities, does not encompass all law enforcement personnel. The four correctional officers and twenty-three forensic specialists who work at Lakes Crossing Facility for Mental Offenders, though they have peace officer powers and work with the most dangerous offenders, are not covered; neither are the seventy- two forensic specialists at the Department of Prisons. Mr. Gagnier pointed out correctional officers work in close proximity with inmates and have a high rate of injury. Forensic specialists are a combination correctional officer/mental health technician as they deal with mentally disabled offenders. At one time, before the mental health unit was constructed at the prison in Carson City, a former Director of Prisons tried to send his most dangerous inmates to Lakes Crossing because they were used to dealing with that type of inmate there. Neither the forensic specialists or correctional officers are armed when in contact with inmates, which means the specialists are never armed at Lakes Crossing. Mr. Gagnier referred the committee to the packet he had distributed. (See Exhibit C). He stated he felt the simplest way to address the issue was to delete all the specified categories and add the section on lines 20 - 22, which states the law enforcement officers required to be P.O.S.T. certified would be covered. Sections marked with an "x" would be covered only when engaged in law enforcement activities. He felt the cost to state government would be minimal. Assemblyman Ernaut asked since heart-lung claims are chronic in nature and peace officer powers of some of the groups are acute in nature, how would they be handled. Mr. Gagnier responded that question made a good case for his amendment. Assemblyman Anderson asked for clarification on how this particular section of the statute came to be lumped together. Mr. Gagnier felt part of the motivation was to put, in one place, all the people who had peace officer powers, but the main motivation was to create categories of peace officers. Mr. Anderson further inquired, by deleting the section that had been brought together, would that not broaden rather than narrow the scope of the law. Mr. Gagnier responded yes. Mr. Anderson voiced his concern that making these changes would impact other issues in another committee. Mr. Gagnier replied the only time it would impact those other issues would be if NRS 481.054 were changed as to who was required to be P.O.S.T. certified. That change would impact A.B. 57; this bill does not impact any of those laws. Mr. Ernaut pointed out this bill would only broaden the definition of peace officer for occupational diseases not who is or is not a peace officer. Assemblyman Krenzer remarked nowhere in the bill or the amendment does it state "when involved in law enforcement activity". Mr. Gagnier responded that was correct and strengthens SNEA's argument. Chairman Nolan stated this bill addresses two concerns: first, who should be considered for this benefit and second, what is the fiscal impact. He felt the first concern had been resolved but questioned what this would do to SIIS. Mr. Gagnier deferred to Cecilia Colling, Asst. General Manager of SIIS. Ms. Colling stated approximately 4,000 plus police officers and firefighters are covered by heart-lung through SIIS. From 1986 through 1994, the net cost of 81 claims was $1.2 million so she assumed this would increase. Assemblyman Bache asked if the people at Lake's Crossing were covered by PERS under the police and fire retirement. Mr. Gagnier answered yes. Assemblyman Carpenter asked Ms. Colling if the figures she supplied were SIIS only, and if so, would there be additional costs from local governments that were self-insured. Ms. Colling replied yes, although she did not keep track of those figures. Mr. Gene Williams, Asst. State Fire Marshall, was next to testify. He said he felt the Assistant Chief Deputy and deputies of the State Fire Marshall's office should be included in the heart-lung provisions because they are in law enforcement. They respond under emergency conditions, arrest and book public offenders and handle the toxic side of a fire scene. Until the late 1980's when their agency got breathing apparatus, respiratory illness was the single largest SIIS claim. Mr. Gary Yoes, SEIU representative, came forward to testify in support of A.B. 57. He felt the bill was necessary to protect those individuals employed to perform peace officer functions without the protection other peace officers receive. They should not be discriminated against. See (Exhibit D). Mr. Richard Van Epps, forensic specialist, also spoke in favor of A.B. 57. He felt strongly they should receive the same benefits as the other peace officers because they do the same job and deal with the same stress daily. He related a story of a forensic specialist who suffered a heart attack on the job but could not put in a claim as he was not a uniformed guard. Mr. Carpenter asked for clarification of Mr. Van Epps' job description. Mr. Van Epps said he was P.O.S.T. certified and participated in the police-fire retirement. His job required him to monitor and document daily on mentally ill inmates, to escort or transport them to different functions, to assist them mentally with situations through group therapy and to physically restrain them, if necessary. Mr. Carpenter inquired if Mr. Van Epps carried sidearms. Mr. Van Epps responded even though they were certified to carry them, they did not. Ms. Krenzer asked if Mr. Van Epps had annual physicals. He replied he did. Mr. Nolan queried what were the minimum standards of fitness. Mr. Van Epps answered his test was eight years ago so he was not sure if they were the same. Mr. Bache pointed out if a person was a police officer or fire fighter for five years and had a heart-lung problem, he was presumed to have had it as a result of an industrial injury. Mr. Gagnier wanted to clarify the issue of sidearms. He stated Lakes Crossing's policy prohibits the forensic specialists from carrying sidearms as they are considered treatment personnel. As there was no further testimony in favor of A.B. 57, Chairman Nolan opened testimony to anyone opposing the bill. Nancy Howard of Nevada League of Cities went on record as opposed to A.B. 57 as currently written. However, she felt Mr. Gagnier's proposed amendments would take care of all her concerns. Chairman Nolan asked for any further testimony. As there was none, he closed the hearing on A.B. 57. After a short recess, the hearing on A.B. 57 was re-opened for additional testimony from Cecilia Colling of SIIS. Assemblyman Hettrick asked what effect adding these additional groups would have on the premium rate. Ms. Colling said it takes about four years to develop an experience so she could not say right now. Mr. Hettrick asked if the forensic specialists were added right now would their SIIS premium rate be higher than a typical police officer on the street or if they were lower would their rate be raised to be the same. Ms. Colling stated she could get that information for the committee. Having no further questions, Chairman Nolan closed the hearing on A.B. 57. He called for a motion to introduce Bill Draft 53-1640. BILL DRAFT REQUEST NO. 53-1640 - Prohibits public employer from providing self-insurance against liability for industrial injuries and occupational diseases. ASSEMBLYMAN ANDERSON MOVED FOR COMMITTEE INTRODUCTION OF THE ABOVE BILL DRAFT REQUEST. ASSEMBLYMAN BACHE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. As there was no further business, Chairman Nolan adjourned the meeting at 4:30 p.m. RESPECTFULLY SUBMITTED: Jennifer Carnahan, Committee Secretary APPROVED BY: Assemblyman Saundra Krenzer, Chairman Assemblyman Dennis Nolan, Chairman Assembly Committee on Labor and Management March 2, 1995 Page