MINUTES OF THE SENATE COMMITTEE ON COMMERCE AND LABOR Sixty-eighth Session May 25, 1995 The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:30 a.m., on Thursday, May 25, 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 Molly Dondero, Committee Secretary GUEST LEGISLATORS PRESENT: Assemblywoman Chris Giunchigliani, Clark County Assembly, District No. 9 OTHERS PRESENT: Danny Evans, Assistant Administrator, Division of Industrial Relations (DIR) Ron Swirczek, Administrator, Division of Industrial Relations (DIR) Richard Johnson, Lobbyist, Nevada Association of Employers Bob Ostrovsky, Lobbyist, Nevada Resort Association Ray Bacon, Lobbyist, Nevada Manufacturers Association Tom Morris, Audiologist, Nevada State Board of Hearing Aid Specialists David A. Barber, Nevada State Board of Hearing Aid Specialists Ronda Clifton, Deputy Attorney General, Nevada State Board of Hearing Aid Specialists Paula Berkley, Lobbyist, Nevada State Board of Psychologists Christa Peterson, Ph.D., Psychologist, President, Nevada State Board of Psychological Examiners Introduction was made of three bill draft requests (BDRs). BILL DRAFT REQUEST 58-693: Makes change concerning calculation of franchise fee for community antenna television companies. SENATOR SHAFFER MOVED TO INTRODUCE BDR 58-693. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS NEAL AND LOWDEN WERE ABSENT FOR THE VOTE.) ***** BILL DRAFT REQUEST 58-709: Makes changes concerning regulation and oversight of cable television industry. SENATOR REGAN MOVED TO INTRODUCE BDR 58-709. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS NEAL AND LOWDEN WERE ABSENT FOR THE VOTE.) ***** BILL DRAFT REQUEST 57-881: Enhances consumer protection against insurer insolvency. SENATOR SHAFFER MOVED TO INTRODUCE BDR 57-881. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS NEAL AND LOWDEN WERE ABSENT FOR THE VOTE.) ***** The hearing was opened on Assembly Bill (A.B.) 62. ASSEMBLY BILL 62: Revises requirements for establishing quorum of occupational safety and health review board. Danny Evans, Assistant Administrator, Division of Industrial Relations (DIR), spoke in favor of A.B. 62. He explained it is often difficult to establish a quorum under the current law. He stated, currently, one person from labor, one person from management, and one from the general public are required to establish a quorum. He stated the general public member is the hardest member to get to the meeting. Ron Swirczek, Administrator, Division of Industrial Relations (DIR), testified the purpose of the bill is to save time and money. The goal is to keep the hearing and appeal process moving along in a timely fashion. Senator O'Connell stressed she wanted to be certain the public member is a voting member of the board. Senator Townsend asked if it is difficult to find a public member for the board who is familiar with the Office of Safety and Health Administration (OSHA) guidelines. Mr. Evans stated he did not know because he is not involved in the selection process. Senator Regan asked if the board uses the attorney general's office or if it uses outside counsel. Mr. Evans stated they use outside counsel. Senator Townsend commented it is a good idea for each committee member to visit a board meeting to understand how the system works. The hearing was closed on A.B. 62 and was opened on Senate Bill (S.B.) 445. SENATE BILL 445: Clarifies that right to work includes right to join labor organization. Senator Neal presented S.B. 445. He commented the right to work does not mean that a person cannot organize or join a labor organization. He stated this right is not covered in Nevada statutes. Senator Lowden offered an amendment to the bill. She said: If the labor organization has anything to do with a gaming operation, . . . the labor organization will have to get a gaming license. This is already in regulation . . . 19, but it has not been enforced. Senator Neal said a labor organization is one that deals with employees and their rights in terms of working conditions and salary conditions. Senator Lowden explained her amendment will require the same background checks as a gaming operator. This check would keep felons out of the labor organizations. She stated New Jersey has this requirement. She stated there have been a few labor organizations who have been denied the right to organize in New Jersey. She stated she feels it is an important regulation. Senator Lowden stated: There have been unions who have made statements that they will close places down rather than have them open. They have that much power within their union. If they have that much power within a gaming operation, they should be licensed. Senator Neal asked if every member will be investigated. Senator Lowden stated it would only be the union management who must have the background checks. Senator Townsend pointed out that the workers who could not be organized by the labor unions, who were not allowed to organize in New Jersey, were organized by other labor unions and are now represented. Richard Johnson, Lobbyist, Nevada Association of Employers, presented Exhibit C and read Exhibit D expressing his opposition to S.B. 445. Senator Lowden explained she feels the bill codifies what is already in federal law. Bob Ostrovsky, Lobbyist, Nevada Resort Association, expressed his concern over the language in section 1, subsection 2 of the bill. He stated employees who may feel they were discharged as a result of their efforts to organize or participate in union activity have a choice of filing a complaint with the labor relations board. He stated there is a fiscal impact with this bill which has not been noted. He pointed out there are hundreds of charges filed and employers must defend themselves against those charges. He cautioned this bill asks the state to make a parallel investigation of the charges. He stated he feels that is wrong. He pointed out the labor relations board takes a position that if an employee is represented by a union, and if whatever action taken against the employee is subject to the grievance procedure of that union, the employee files the grievance and then files a charge at the board. He continued with comments pointing out the board has a strong policy of deferring to the grievance procedure and will not pursue the unfair labor practice charge until the grievance procedure is exhausted. He stated the state labor commissioner will be impacted by this bill because of this section. He explained if section, 2 where it discusses safe working conditions, were eliminated, he will have no disagreement with the bill. Senator Lowden asked Mr. Ostrovsky if he approved her proposed amendment. Mr. Ostrovsky explained the state has the ability to require union officials to be licensed in Nevada. He commented Nevada has not enforced this regulation and Senator Lowden's amendment will make approval mandatory. Senator Neal asked how a civil rights complaint is handled within the industry. Mr. Ostrovsky stated the complaints are investigated by either the Equal Employment Opportunity Commission board (EEOC) which oversees such problems, or the Nevada Equal Rights Commission (NERC). He commented such complaints do not go to the labor commissioner for review. Ray Bacon, Lobbyist, Nevada Manufacturers Association, agreed with Mr. Ostrovsky. The hearing was closed on S.B. 445. A bill draft request (BDR) was introduced. BILL DRAFT REQUEST 54-1039: Regulates profession of interior designers. SENATOR SHAFFER MOVED TO INTRODUCE BDR 54-1039. SENATOR AUGUSTINE SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR LOWDEN WAS ABSENT FOR THE VOTE.) ***** The hearing was opened on A.B. 192. ASSEMBLY BILL 192: Makes various changes to provisions relating to hearing aid specialists. Tom Morris, Audiologist, Nevada State Board of Hearing Aid Specialists, presented Exhibit E. Senator Augustine expressed her displeasure at the increase of fees requested in this bill. David A. Barber, Nevada State Board of Hearing Aid Specialists, read Exhibit F. Senator Augustine asked why the fines listed in the current statutes are inadequate. Mr. Barber stated some fines have been collectible, some have not. Senator Augustine questioned why increasing the fines will be of benefit to the board if they cannot be collected. He commented it is extremely costly to bring charges against people who conduct their businesses in an unethical manner. He stated the small fines are not enough punishment to the repeat offender. Ronda Clifton, Deputy Attorney General, Nevada State Board of Hearing Aid Specialists, commented they wish to punish the repeat violators of the statutes. Senator O'Connell asked why the license is not pulled for the repeat offenders. Ms. Clifton stated these violations generally are refund matters. She illustrated often people are promised refunds if the hearing aids do not function properly, but the refunds are never given. She stated the board has been told by the district courts that the board does not have power over refunds. The new language in the bill, which addresses ethics, allows the board to go after the repeat offender who does not refund money to the customer. She pointed out these problems are not a high priority for district attorneys. Mr. Morris stated his primary concern is to stop unscrupulous people from practicing in audiology. Mr. Barber pointed out many of the people victimized by these unscrupulous people are elderly and do not know how to make a complaint against the dealer who has not performed in an ethical manner. Senator Townsend asked who receives the fines when they are levied against a dealer. Ms. Clifton commented they go to the General Fund not to the board. Senator Townsend suggested having the fines go to the board. Mr. Morris pointed out the funds may not be given to the board or to the consumer under the current regulations. He stated the board does deal with restitution. Senator Townsend pointed out a fine is only as good as the board's ability to collect it. Senator Townsend asked for a copy of the board's budget and a list of fees collected and where they go. He questioned how they impact the proposed budget. He stated the law is specific for every board that the fees shall not exceed $100. Mr. Morris stated the fees will not increase. Senator Shaffer asked why not state, in the bill, that the refund is a requirement and that the board has jurisdiction over that refund. Mr. Barber stated not all complaints involve refunds. Ms. Clifton indicated the board does not have legal authority to address refunds, nor can the request be placed directly in the bill. A.B.192 was placed into work session. The hearing was opened on Assembly Bill 329. ASSEMBLY BILL 329: Requires board of psychological examiners to issue licenses under certain circumstances to certain persons employed by State of Nevada as psychologists. Assemblywoman Chris Giunchigliani, Clark County Assembly, District No. 9, read Exhibit G. She commented the four people affected by this bill must pass the exams. She stated these people are currently working for the state. She pointed out one person applied for the license and it took the board 7 years to deny the application. She stated the person had applied using equivalency as the basis for application. She stated she feels the treatment is discriminatory. Exhibit H (Original is on file in the Research Library.) was submitted without testimony. Paula Berkley, Lobbyist, Nevada State Board of Psychologists, testified against A.B. 329. Senator O'Connell asked how these people were hired without the proper qualifications. Ms. Berkley stated a law was passed in 1985 which allowed a person who began working before the qualifications were set by the board to continue in their job. It was determined it was not fair to fire a person who was working. She stated these people affected by the bill are being supervised. Ms. Berkley expressed her concern that the person could leave the state employment and call himself or herself a psychologist without supervision, if this bill is passed. Senator O'Connell asked if the test covers all forms of psychology. Christa Peterson, Ph.D., Psychologist, President, Nevada State Board of Psychological Examiners, stated there are two exams given to psychologists. One is written and one is oral. Dr. Peterson stated requirements in statute regulate psychologists. She stated there are certain types of course work required. She pointed out 2 years of supervised experience by a psychologist with a specific quantity of individual contact hours with that supervisee is required to insure that the skills are mastered. Senator O'Connell asked if the doctors who supervise the four people affected by the bill signed off on their license, would that satisfy the requirements. Dr. Peterson stated it would not be sufficient. Senator O'Connell expressed her concerns that the state has allowed these people to work as psychologists when they are not qualified. Ms. Berkley commented it has created resentment. She pointed out that a person may work in one area and be competent, but may not have worked in any other area. To grant licenses to these people will allow them to practice in all areas of psychology even though they may not be qualified. Senator Neal asked if the four people affected by the bill are supervised by psychiatrists. Dr. Peterson stated they are not currently supervised by psychologists or psychiatrists. Senator Neal pointed out Mental Hygiene and Mental Retardation has a psychiatrist who supervises these people. Dr. Peterson stated two of them work for the Division of Child and Family Services. Ms. Berkley stated a person must be able to pass the exam and work with the patients. She presented Exhibit I and Exhibit J. Senator Neal asked if Ms. Berkley has heard of challenging a class at the university and asked why these individuals cannot do this. Ms. Berkley stated this is not the same situation. She pointed out the law states a person must have the degree, then must pass the test. Senator Shaffer asked why it took 7 years for the board to respond to the one person's application. Dr. Peterson stated that applicant applied to the board on two different occasions. She stated it is not fair to imply it took 7 years to review the case. She stated the applicant did not have the required course work and did not complete the required course work during the time period when her application was open. Senator Augustine referred to Exhibit J. Ms. Berkley stated the attorney general's office indicated this is special interest legislation because it applies to too few people. Senator Lowden asked why the person who has tried to be licensed twice has not taken the course work required to obtain her license. Ms. Berkley stated she does not know. She stated the person has filed in court to allow her to obtain her license. Senator Townsend said the committee will wait to find out if the bill is constitutional. He questioned why four people who may not be qualified are working in positions which they are not licensed to hold. He stated this is a public policy question. Dr. Peterson stated the intent of S.B. 19 of The Sixty-third Session from 1985 was to professionalize the mental health profession within the state agencies. She stated they do not psychological duties. They are counselors and assist patients in ways different from the psychologists. SENATE BILL 19 OF THE SIXTY-THIRD SESSION: Requires certification of certain mental health professionals as a condition of employment within the mental health and mental retardation division of the department of human resources and requires that any of these same mental health professionals who are employed by the mental hygiene and mental retardation division must be proficient in the oral and written expression of the English language. In addition S.B. 19 requires that anyone engaged in the act of social work must be certified by the Academy of Certified Social Workers. The hearing closed at 10:35 a.m. RESPECTFULLY SUBMITTED: Molly Dondero, Committee Secretary APPROVED BY: Senator Randolph J. Townsend, Chairman DATE: Senate Committee on Commerce and Labor May 25, 1995 Page