MINUTES OF THE
	SENATE COMMITTEE ON COMMERCE AND LABOR

	Sixty-eighth Session
	April 21, 1995


The Senate Committee on Commerce and Labor was called to order 
by Chairman Randolph J. Townsend, at 8:30 a.m., on Friday, April 
21, 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:

Scott Young, Senior Research Analyst
Vance Hughey, Senior Research Analyst
Molly Dondero, Committee Secretary

OTHERS PRESENT:

Ron Swirczek, Administrator, Department of Industrial Relations 
(DIR)
Eloise Koenig, Self-Insurance Coordinator, Workers' Compensation 
Section, 	Division of Insurance, Department of Business and 
Industry
Harvey Whittemore, Lobbyist, Nevada Resort Association

Ron Swirczek, Administrator, Department of Industrial Relations 
(DIR), discussed his concerns about a previous vote taken by the 
committee 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.

Senator Townsend commented on the provision for fines being 
placed into A.B. 61.  He explained:

The fine affecting a claimant will go to the claimant, 
but Mr. Swirczek expressed his concern that it puts 
the claimant in a position of having standing during 
the proceedings on the fine and, subsequently, on the 
potential loss of a ticket.  Is that a general 
covenant of law that will automatically place that 
person in that position, independent of what we will 
say in statute.

Mr. Swirczek explained that any time there is a benefit going to 
a claimant, the claimant, through that administrative process 
will always have standing.  He commented they are an influencing 
party.  

Senator Townsend explained the committee is discussing the 
fining, and the loss of a ticket of self insurance.  He 
explained the importance of DIR being able to control those not 
in compliance with regulations, hinges on the statute being 
correctly defined.  

Senator Townsend conducted a discussion on proposal 10, 
contained in Exhibit C, which was previously voted on for 
inclusion in the new bill being drafted on workers' compensation 
reform.  

SENATOR LOWDEN MOVED TO RESCIND PROPOSAL 10.

SENATOR NEAL SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR O'CONNELL VOTED NO.)

	*****

Senator Regan asked if the vote will affect proposal 84.  It was 
decided it will not.  Senator Townsend explained undoing the 
freeze does not mean they will go back 2 years.  He stressed 
this will be a fresh start and move forward.  


Eloise Koenig, Self-Insurance Coordinator, Workers' Compensation 
Section, Division of Insurance, Department of Business and 
Industry, explained the posting for the hearing on the new 
regulations is being mailed today.  Senator Townsend asked 
copies of the regulations be given to the committee members as 
soon as possible.  

Senator O'Connell pointed out the regulations must be a part of 
the bill. 

Senator Townsend asked if there are changes which can be agreed 
to between the division and the parties, and what is the time 
frame between the agreement and the posting of the temporary 
regulation.  Ms. Koenig stated there is no limitation on the 
time.  

Senator O'Connell expressed her concern that a temporary 
regulation may be changed to a permanent regulation because 
regulations cannot be reviewed after the end of the Legislative 
Session.  

Ms. Koenig stated as long as something is addressed during the 
hearing and a change is made, it does not have to be reheard. 
 But if something is new, there will be a need for a new 
hearing.  

Senator O'Connell expressed her concern that if objections are 
made to parts of a regulation, and no action is made on those 
objections, the regulations can become law without another 
hearing.  

Harvey Whittemore, Lobbyist, Nevada Resort Association, 
commented he thinks this is an emergency regulation.  He 
explained the Legislative Counsel Bureau cannot give the 
regulations a "stamp of approval" until the Legislature meets 
again.  


The hearing was closed at 9:15 a.m.

RESPECTFULLY SUBMITTED:



	
Molly Dondero,
Committee Secretary

APPROVED BY:





Senator Randolph J. Townsend, Chairman


DATE: 						



Senate Committee on Commerce and Labor
April 21, 1995
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