MINUTES OF THE ASSEMBLY COMMITTEE ON LABOR AND MANAGEMENT Sixty-eighth Session March 30, 1995 The Committee on Labor and Management was called to order at 3:30 p.m., on Thursday, March 30, 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. Danny Evans, Assistant Administrator, Occupational Safety and Health Enforcement Chairman Nolan pointed out the scheduled order of business before the committee today was a work session on A.B. 56, A.B. 58 and A.B. 62. The first issue addressed would be A.B. 56 which went to a subcommittee on March 23, 1995. ASSEMBLY BILL NO. 56 - Requires licensure of operators of large boilers in schools. Ms. Krenzer, who chaired this subcommittee, reported the consensus was to make three basic changes. First, each school district would be required to develop and implement a training program for the employees who work with boilers which have a burner input of 2,500,000 British thermal units per hour. Second, require each curriculum include certain topics. See (Exhibit C, attachment A). Third, each school district submit its training program to the State Division of Industrial Relations (Occupational Safety and Health Enforcement Section). She pointed out Mr. Ken White had proposed terminology be added which would authorize OSHE to conduct random inspections evaluating the quality of training received but due to the local school district's opposition this was not included in the proposal. The subcommittee recommended Amend and Do Pass. Chairman Nolan further added the training does not constitute a licensure or certification unless this is offered within their own school district and their own program. In response to Assemblyman Anderson's request for clarification, Mr. Nolan reiterated a training program would be required but it would not constitute a licensure or certification. Assemblyman Sandoval expressed his approval of the concept but stated his concern for uniformity. Ms. Krenzer explained the intent is a tailored program which would include the seven outlined elements, (Exhibit C, attachment A), but the subcommittee did not want to micro-manage to the degree of insisting a small rural county's program be the same as a program for Clark County. Assemblyman Carpenter supported Ms. Krenzer's reasoning of allowance for variation in regards to implementation of the program. Assemblyman Anderson also endorsed the subcommittee's recommendation. He commented on the committee's intent to allow the school district the largest amount of autonomy possible while creating some level of uniformity. He recognized a starting point with this bill which has not been present in the past three sessions. ASSEMBLYMAN BACHE MOVED AMEND AND DO PASS ON A.B. 56. ASSEMBLYMAN ANDERSON SECONDED THE MOTION. Before voting, Assemblyman Hettrick asked if the committee will be allowed to view the bill with the amended language once it is returned from bill draft. Chairman Nolan said this would not be a problem. Mr. Welden interjected the bill drafting advisors would prefer the committee act on the concept before they draft the bill if possible. THE MOTION CARRIED UNANIMOUSLY. Chairman Nolan closed the hearing on A.B. 56 and opened the hearing on A.B. 58. He informed the committee A.B. 58 was also heard in subcommittee of which Assemblyman Goldwater chaired. ASSEMBLY BILL NO. 58 - Makes various changes to provisions governing enforcement of claims for wages, commissions or other demands of person financially unable to employ counsel. Mr. Goldwater summarized this bill was fairly straightforward. There was a concern expressed by Ms. Barbara King which the subcommittee found to be not germane to A.B. 58 however legitimate pursuant to NRS 338.015. He told Ms. King he would ask the committee to request a BDR on her behalf. See (Exhibit C, attachment B, fourth page). Mr. Goldwater continued the subcommittee considered the proposed amendment which would remove the potential for a trial de novo after an agency action. See (Exhibit C, attachment B, third page). Upon request for clarification by the subcommittee, Mr. Louis Ling, Deputy Attorney General representing the Office of the Labor Commissioner, explained this elimination would be due more to technicalities than substantive reasons. Mr. Goldwater reported the subcommittee's recommendation to amend and do pass. ASSEMBLYMAN GOLDWATER MOTIONED TO AMEND AND DO PASS ON A.B. 58. ASSEMBLYMAN ERNAUT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Chairman Nolan closed the hearing on A.B. 58. He referred to Mr. Goldwater in order to introduce Ms. King's BDR. Mr. Goldwater reminded the committee, Ms. King's proposed BDR addresses NRS 338.015. It would allow a worker to employ private counsel to pursue his wage claim subject to the state's "prevailing wage" law. Again, he referred the committee to Exhibit C, attachment B, fourth page. ASSEMBLYMAN GOLDWATER MOVED FOR THE PREPARATION OF A BILL DRAFT REQUEST. ASSEMBLYMAN BACHE SECONDED THE MOTION. THE MOTION PASSED. Chairman Nolan opened the hearing on A.B. 62. ASSEMBLY BILL NO. 62 - Revises requirements for establishing quorum of occupational safety and health review board. He made reference to a letter submitted by Ms. Kimberly Morgan, Assembly Bill Drafting Advisor, which answered the committee's previous question concerning the board's authority to maintain an attendance policy. See (Exhibit D). He then referred to Mr. Fred Welden to present the summary of proposed amendments to A.B. 62. Mr. Welden pointed out the official bill draft. See (Exhibit E). He stated section 2, subsection d) would provide for the Governor to appoint one person to serve as an alternate for the representative of the general public when he is unable to attend. It would also provide that at least one member, either from management or labor, be knowledgeable regarding occupational safety or health. He further explained, referring to new section 7, if the alternate attends a meeting in place of a regular member, the alternate assumes full duties, rights and responsibilities and is also entitled to compensation. Chairman Nolan referring back to Ms. Morgan's letter, clarified subsection 1 of NRS 618.585 allows for incorporating within the rules of their committee, rules addressing absences or non-attendance. They may also offer some penalty for non- attendance. Mr. Nolan recognized Mr. Danny Evans, Assistant Administrator for the Occupational Safety and Health Enforcement Section, in order to comment on the proposed amendments. Mr. Evans reiterated his testimony from a previous discussion on A.B. 62, an alternate might not be the solution to the problem due to the usually short notification time. He suggested an amendment stating, "A quorum consisting of at least three members of the board with at least one member representing labor and one member representing management. See (Exhibit F). He pointed out his indifference in regards to the third representative, only that they be present. Mr. Hettrick expressed his support for Mr. Evans' proposed amendment stating input he has received has not been about having equal representation of labor and management. It has been in regards to the difficulty of gathering a quorum in order to do business. Mr. Evans' amendment addresses this specifically. Chairman Nolan drew attention to the fact that if a quorum has not been present, it does not necessarily mean the member at large, who has been receiving most of the attention, is the only person who has been absent. It indicates other members have failed to show up also. Mr. Bache commented he does not see the need for adding an alternate as it might also place a fiscal note on A.B. 62. He preferred the bill as it was originally presented. He does, however, endorse Mr. Evans' proposal. Mr. Ernaut stated the problem with the original bill was not that a few members were not showing up but that the general public member had to be there. Even if both representatives of labor and both representatives of management were present, there was no quorum. He explained this was the problem the committee originally attempted to correct. He sees no reason why the committee cannot combine these two amendments and move on. Mr. Evans, referring back to Mr. Bache's comment, agreed with the assumption that the addition of an alternate would increase the costs and reiterated his concern for where the problem lies. Chairman Nolan stated he would accept a motion. ASSEMBLYMAN KRENZER MOVED TO AMEND AND DO PASS ON A.B. 62, COMBINING BOTH AMENDMENTS. ASSEMBLYMAN SANDOVAL SECONDED THE MOTION. Before the vote Mr. Goldwater expressed he still had some reservations, mainly, the points Mr. Evans raised. He inquired if this amendment would indeed add a fiscal note to which Mr. Nolan responded yes, but only when the alternate was called as a substitute. For a point of clarification, Mr. Anderson asked if the Governor would appoint the alternate and also, if the general public representative has to meet the same qualifications. Mr. Nolan replied yes and referred to Ms. Krenzer. Ms. Krenzer expressed her concern the committee is now "flogging a dead horse." Combining both amendments meets with a consensus and is appropriate. THE MOTION PASSED WITH ASSEMBLYMAN BACHE AND ANDERSON VOTING NO. Chairman Nolan explained the committee's intent of reviewing the amended language in its final form prior to the bill being brought to the floor. The last order of business was to amend the standing rules of the committee in regards to the recording of absences. Mr. Hettrick interjected the change consists of eliminating "excused" or "absent". "Absent" is being perceived as unexcused which is usually not the case. Therefore, those present will be marked present. If a roll call vote is called for, those not there will be marked "not present", which is seemingly less judgmental, and those members who have been excused from the meeting will be recorded as "excused". Mr. Manendo wanted the record to reflect that on February 16, he was not present but he was excused due to a previously scheduled town hall meeting with constituents. Currently, the minutes do not reflect this. After a brief discussion among the committee members, Chairman Nolan decided this issue would be agendized after Leadership has presented standardized language for all committees to adopt. Being there was no further business before the committee, the meeting was adjourned at 4:25 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 30, 1995 Page