MINUTES OF THE SENATE COMMITTEE ON COMMERCE AND LABOR Sixty-eighth Session March 30, 1995 The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:30 a.m., on Thursday, March 30, 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 Kathy M. Augustine Senator Raymond C. Shaffer Senator John B. (Jack) Regan Senator Joseph M. Neal, Jr. STAFF MEMBERS PRESENT: Beverly Willis, Committee Secretary Scott Young, Senior Research Analyst OTHERS PRESENT: David Going, Deputy Chief, Administrative Unit, Occupational Safety and Health Enforcement Section, Division of Industrial Relations (DIR) Danny Evans, Chief Administrative Officer, Occupational Safety and Health Enforcement Section, Division of Industrial Relations (DIR) Ron Swirczek, Administrator, Division of Industrial Relations (DIR) Galen Denio, Commissioner, Public Service Commission (PSC) Carol Hanna, Director, Private Investigator's Licensing Board Moreen Scully, Deputy Attorney General, Boards and Commissions Sections, Office of the Attorney General Dave Nicholas, Lobbyist, Nevada Occupational Therapy Association Joseph Nebe, Environmental Health Supervisor, Bureau of Health Protection Services, Department of Human Resources Dave Peairson, Senior Program Officer, Unemployment Insurance Programs, Department of Employment, Training and Rehabilitation Bob Auer, Senior Deputy Attorney General, Boards and Commissions Sections, Office of the Attorney General Ande Engleman, Lobbyist, Nevada Press Association Senator Townsend opened the meeting with the hearing on Assembly Bill (A.B.) 61. ASSEMBLY BILL 61: Expands authority of division of industrial relations of department of business and industry to impose administrative fine for violation of certain provisions relating to control of asbestos. First to testify was David Going, Deputy Chief, Administrative Unit, Occupational Safety and Health Enforcement Section, Division of Industrial Relations (DIR). Mr. Going stated A.B. 61 will allow an administrative fine to be imposed on individuals who perform asbestos abatement activities without a license. Mr. Going stated often asbestos abatement is performed without being licensed simply to save money and not because they did not know of licensing requirements. He went on to note, very often, county district attorneys are not interested in prosecuting this type of violation. Danny Evans, Chief Administrative Officer, Occupational Safety and Health Enforcement Section, Division of Industrial Relations (DIR), testified next. Mr. Evans stated investigators take complaints and investigate, noting under the present law the only penalty imposed is a misdemeanor. Mr. Evans went on to note A.B. 61 will apply to all, licensed and unlicensed. Ron Swirczek, Administrator, Division of Industrial Relations (DIR), came forward to answer a question from Senator Townsend regarding proposed legislation. Senator Townsend explained Mr. Swirczek's legislation might complement A.B. 61. Senator Townsend closed the hearing on A.B. 61 and opened the hearing on A.B. 190. ASSEMBLY BILL 190: Repeals authority of public service commission of Nevada to require aircraft carriers to file adequate indemnity bonds or insurance. Before starting the hearing on A.B. 190, Senator Townsend recognized a group of registered nurses visiting the meeting. Galen Denio, Commissioner, Public Service Commission (PSC), testified next. Mr. Denio noted A.B. 190 is a cleanup item and he recommends it be passed. Senator Neal requested information regarding what will replace this statute if A.B. 190 is passed. Mr. Denio stated regarding this matter, the PSC has been preempted by the federal government and has had no authority to cover this matter since the deregulation of air carriers by the federal government. He did state, the PSC does have authority over baggage transported to and from the airport terminal. SENATOR NEAL MOVED TO DO PASS A.B. 190. SENATOR REGAN SECONDED THE MOTION. THE MOTION PASSED. (SENATOR O'CONNELL WAS ABSENT FOR THE VOTE.) * * * * * The hearing was then closed on A.B. 190 and opened for a work session on Senate Bill (S.B.) 2. SENATE BILL 2: Authorizes private investigator's licensing board to employ certain persons to carry out duties of board. Carol Hanna, Director, Private Investigator's Licensing Board, testified regarding S.B. 2. Senator Townsend inquired if Ms. Hanna had discussed with the attorney general with regard to line 7 and the removal of the word "attorneys." Ms. Hanna replied, "Yes, sir." Ms. Hanna went on to state this change was acceptable. There was discussion from the committee regarding an amendment for this bill. There was further discussion between Senator Townsend and Ms. Hanna regarding S.B. 2. Senator Regan questioned Ms. Hanna regarding section 2 of S.B. 2, asking specifically about investigators with the private investigator's licensing board having the powers of a peace officer. Ms. Hanna noted these investigators have always been peace officers. At this time, Senator Townsend addressed concerns expressed by Senator Neal, stating: Were you to remove this portion, people could come in here with no qualifications and get licensed and practice. They still have to meet the licensing qualifications, whether they practice 1 hour here or 51 percent. That is the point of the repeal. We are not going to repeal the requirement somebody has to have to get licensed. Senator Townsend and Senator Lowden had inquiries regarding requirements for private investigators, working on a case, who might come into Nevada from out- of-state. Ms. Hanna noted Nevada is one of the strictest states regarding licensure of private investigators. SENATOR NEAL MOVED TO AMEND AND DO PASS S.B. 2 WITH AMENDMENT 23. SENATOR O'CONNELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY * * * * * The hearing was closed on S.B. 2 and the hearing was opened on Bill Draft Request (BDR) 43-1043. BILL DRAFT REQUEST 43-1043: Revises provisions relating to unfair practices of motor vehicle manufacturers, distributors, factory branches and their representatives. SENATOR NEAL MOVED TO INTRODUCE BDR 43-1043. SENATOR O'CONNELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator Townsend closed the hearing on BDR 43-1043 and opened the hearing on Senate Bill 3. SENATE BILL 3: Requires board of occupational therapy to submit to governor list of names of persons qualified for membership on board. Moreen Scully, Deputy Attorney General, Boards and Commissions Sections, Office of the Attorney General, came forward to testify. Ms. Scully testified for the Board of Occupational Therapy. Also testifying was Dave Nicholas, Lobbyist, Nevada Occupational Therapy Association. Mr. Nicholas noted there is an amendment to S.B. 3, which cleans up some details. Mr. Nicholas stated the amendment changes the summary and definition slightly as well as cleaning up paragraph 5 of section 1, lines 16 through 25. Senator Townsend requested assurance this amendment is satisfactory to Mr. Nicholas' association and that on their behalf, he will accept the language. SENATOR NEAL MOVED TO AMEND AND DO PASS S.B. 3 SENATOR O'CONNELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator Townsend closed the hearing on S.B. 3 and opened the hearing on S. B. 4. SENATE BILL 4: Revises provisions relating to disciplinary actions by board for registration of public health sanitarians. Joseph Nebe, Environmental Health Supervisor, Bureau of Health Protection Services, Department of Human Resources, came forward to testify in favor of S.B. 4. He stated this bill is, basically, to make disciplinary procedures more uniform with the rest of the boards. He noted there is amendment No. 70 for S.B. 4 and the board concurs with the bill and the amendment. Mr. Nebe went on to note the amendment changes the name of "registered sanitarian" to "registered environmental health specialist." Senator Neal and Mr. Nebe discussed whether the change in name would entail higher qualifications, to which Mr. Nebe's reply was no. There was further discussion between Senator Neal and Mr. Nebe. SENATOR O'CONNELL MOVED TO AMEND WITH AMENDMENT NO. 190 AND DO PASS S.B. 4. SENATOR REGAN SECONDED THE MOTION THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator Townsend closed the hearing on S.B. 4 and opened the hearing on S.B. 51. SENATE BILL 51: Revises eligibility requirements for receipt of unemployment compensation. Dave Peairson, Senior Program Officer, Unemployment Insurance Programs, Department of Employment, Training and Rehabilitation, testified on S.B. 51. Mr. Peairson explained S.B. 51 requires the unemployment insurance service to identify those who are likely to exhaust their unemployment benefits and refer them to an employment counselor. Senator O'Connell noted she feels this legislation will be optional to the state. Mr. Peairson replied it is not optional. Senator Townsend joined the discussion noting there is a requirement by federal regulation for identification of those who are likely to lose their benefits. Mr. Peairson gave further clarification of S.B. 51. Senator Lowden expressed her concerns with the program that will be implemented by S.B. 51. Answering questions posed by Senator Augustine, Mr. Peairson stated the program of the profile system is a requirement from the federal level to all states, not just Nevada. Senator Augustine asked if monies granted by S.B. 51 will need to be supplemented when they run out. Mr. Peairson stated these funds are an initial-start up cost to establish the system, after which the state must maintain the system. Mr. Peairson noted, essentially, the new legislation will require individuals about to exhaust their benefits to participate in reemployment services. Senator Neal gave an overview of his impression of S.B. 51. Senator Regan discussed further methods of technology to set up the program. Senator Shaffer voiced concerns as to where funds come for retraining. SENATOR REGAN MOVED TO DO PASS S.B. 51. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator Townsend then closed the hearing on S.B. 51 and opened the hearing on S.B. 70. SENATE BILL 70: Authorizes board of examiners for marriage and family therapists to issue subpenas for attendance of witnesses and production of books and papers. Once again, Ms. Scully, came forward to testify on behalf of this bill, noting it was her recommendation for the amendment. Senator Townsend contributed reasoning for the amendment, noting a patient who may bring action against a licensee, may be reluctant to go to hearings or testify; consequently subpoenas may be necessary. Ms. Scully concurred. Senator Regan, Senator O'Connell and Senator Townsend discussed procedures if this bill is passed. Senator Townsend went on to note: (the bill) seems to be shifting the burden of proof to the court to allow a subpoena to be issued, which, it the subpoena goes to the individual, they may or may not know it has to be enforced through the court, so it is almost an intimidation factor, because they don't know they have rights other than that. Where now, in order to subpoena records, or get records, do you have to go to the court on your own and ask. Ms. Scully replied they cannot get records. The only records they (Ms. Scully) can obtain are medical records. At this time, Bob Auer, Senior Deputy Attorney General, Boards and Commissions Sections, Office of the Attorney General, came forward to testify, submitting Exhibit C. Mr. Auer then explained to the committee. There followed a detailed discussion between Mr. Auer and Senator Townsend. Senator O'Connell expressed concerns regarding the ability of board members as opposed to a person with greater authority to issue subpoenas. Ms. Scully and Mr. Auer provided explanations, however; Senator O'Connell noted she still has concerns. Senator Augustine questioned Ms. Scully regarding the origination of S.B. 70, to which Ms. Scully replied this bill did not emanate from the attorney general, originally. Ms. Scully went on to note, it came to her attention because she is involved with boards without subpoena power. Mr. Auer expounded further. Senator Neal and Ms. Scully then discussed powers of these various boards, the range of hearing power. Senator Neal expressed concerns over the fact that some boards might not have enough controls. There was further discussion regarding types of evidence between Senator Regan, Mr. Auer and Ms. Scully. Senator Lowden also expressed concerns regarding subpoena powers. Next to testify, was Ande Engleman, Lobbyist, Nevada Press Association, who, expressed concerns over one board member with the power to issue subpoenas. Senator Neal and Senator Shaffer also expressed their concerns on this issue. At this time Mr. Auer suggested his office bring forth new language with which the committee will be comfortable. Senator Townsend concurred. There being no further business, the meeting was adjourned at 10:40 a.m. RESPECTFULLY SUBMITTED: Beverly Willis, Committee Secretary APPROVED BY: Senator Randolph J. Townsend, Chairman DATE: Senate Committee on Commerce and Labor March 30, 1995 Page