MINUTES OF THE SENATE COMMITTEE ON COMMERCE AND LABOR Sixty-eighth Session March 29, 1995 The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 9:30 a.m., on Wednesday, March 29, 1995, in Room 227 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator Randolph J. Townsend, Chairman Senator Ann O'Connell, Vice Chairman Senator Sue Lowden Senator Raymond C. Shaffer Senator John B. (Jack) Regan Senator Joseph M. Neal, Jr. COMMITTEE MEMBERS ABSENT: Senator Kathy M. Augustine (Excused) STAFF MEMBERS PRESENT: Beverly Willis, Committee Secretary Scott Young, Senior Research Analyst OTHERS PRESENT: Pat Coward, Lobbyist, Nevada Association of Realtors Patsy Redmond, Executive Vice President. Nevada Association of Realtors Douglas Dirks, General Manager, State Industrial Insurance System (SIIS) Bill Garrison, General Contractor Opening today's meeting, Pat Coward, Lobbyist, Nevada Association of Realtors, referring to Exhibit C, provided information prepared by the State Industrial Insurance System (SIIS) (Exhibit D) to the committee. Mr. Coward proceeded with an explanation. Douglas Dirks, General Manager, State Industrial Insurance System (SIIS) joined in with further explanation. After questioning Mr. Dirks, Senator Townsend requested further clarification from Mr. Coward. Mr. Coward stated, "In essence it makes it optional for an [real estate] agent to participate in the system (SIIS)." Mr. Dirks stated there is some risk if individuals take themselves out of the workers' compensation system. He went on to note, if these individuals plan on coverage provided from individual or group health plans there may be an exclusion on work related injuries. This could mean there will be a group of people with no coverage and this could pose a risk. Senator Townsend asked, "[If Mr. Dirks] is comfortable that once these persons are notified and fully educated on that issue ....... they still have the right to opt in or opt out ........?" Mr. Dirks replied if these people understand the risk that may be associated, (if they opt to leave SIIS) it will be a business decision. At this time, Senator Townsend questioned Patsy Redmond, Executive Vice President. Nevada Association of Realtors further regarding Exhibit D. Senator Townsend stated: The Real Estate Commissioner needs to be at a meeting in the near future ....... so we can make sure that every licensee is going to be notified of the costs associated with this provision, if it goes in the bill and what the downside is if they decide to go out on their own. Mr. Dirks stated to clarify the record: If this provision is adopted there would not be a rate increase on this group of people at passage. The only way we can do any type of adjustment to rate is through a full hearing with the insurance commissioner. In answer to questions from Senator Townsend, Mr. Dirks noted he is planning on a rate filing for adjustment of rates and not for an increase. Next to testify was Bill Garrison, General Contractor, representing himself. Mr. Garrison has concerns regarding workers hired, where there is an accumulative problem, resulting in an injury and the last employer ends up with that accumulation, thus causing rates (SIIS) to be raised. Mr. Garrison gave several examples. Senator Townsend noted this is a situation SIIS needs to examine to find if the problem of a cumulative injury can be mitigated, so it is not assessed on the last employer. There was further discussion between Senator Neal and Mr. Garrison. Senator Regan questioned if there is a set of injuries that is specific to each construction trade so that Mr. Dirks and SIIS could set a pattern. Senator Regan went on, noting Mr. Garrison's concern is that the last employer is now being made responsible. Senator Townsend stated these concerns would, hopefully, be addressed in the very near future. Senator Townsend continued by summarizing what he intends to cover at a meeting next week. Exhibit E, a memo from Scott Young, Senior Research Analyst, was presented to the committee; however, there was no testimony. Exhibits F and G, from Larry Harvey, Nevada Employers Workers' Compensation Coalition, were also presented to the committee without testimony. Exhibit H, provided by Bryan Stockton, Associate General Counsel, State Industrial Insurance System (SIIS), was presented to the committee without testimony. There being no further business, the meeting was adjourned at 10:15 a.m. RESPECTFULLY SUBMITTED: Beverly Willis, Committee Secretary APPROVED BY: Senator Randolph J. Townsend, Chairman DATE: Senate Committee on Commerce and Labor March 29, 1995 Page