MINUTES OF THE SENATE COMMITTEE ON COMMERCE AND LABOR Sixty-eighth Session May 26, 1995 The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:00 a.m., on Friday, May 26, 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: Ande Engleman, Lobbyist, Former Director, Nevada Press Association Scott Craigie, Lobbyist, Sprint Central Telephone Fred Schmidt, Consumer Advocate, Office for Advocate of Customers of Public Utilities, Office of Attorney General Thomas Sheets, Assistant General Counsel, Southwest Gas Corporation Galen Denio, Commissioner, Public Service Commission of Nevada (PSC) Christa Peterson, President, Nevada Board of Psychological Examiners Paula Berkley, Lobbyist, Nevada Board of Psychological Examiners John Sande, Lobbyist, Western States Petroleum Association Harvey Whittemore, Lobbyist, ARCO Steve Yarborough, President, Nevada Gasoline Retailers Jack Jeffrey, Lobbyist, Nevada Petroleum Marketers Association Joe Guild, Lobbyist, Union Pacific Railroad and Nevada Dietetic Association Danny Thompson, Lobbyist, Political Action Director, American Federation of Labor/Congress of Industrial Organizations (AFL/CIO) Marsha Berkbigler, Lobbyist, Nevada State Medical Association Clinton Ray Miller, Health Freedom Legislative Advocate, National Council for Improved Health (NCIH), Natures Sunshine (NS), Enrich International (EI) Bob Gagnier, Executive Director, State of Nevada Employees Association (SNEA) Kevin Chadwick, Safety Officer, Risk Management/Safety Office, Washoe County Carol Pruner, The Herb Lady Senator Townsend opened the meeting by explaining that Senate Bill (S.B.) 196 and S.B. 300 will be held till a later date. SENATE BILL 196: Prohibits certain insurance coverages from excluding coverage for certain treatment provided by homeopathic physicians. SENATE BILL 300: Allows limitation or denial of insurance claim for medical condition if certain notice or information is not provided to insurer. Senator Townsend opened the hearing on S.B. 343. SENATE BILL 343: Revises provisions governing examination of employment records and personnel files of employees of public utilities, motor carriers or brokers. First to testify was Ande Engleman, Lobbyist, Former Director, Nevada Press Association. Ms. Engleman commented on Exhibit C. Next to testify, Scott Craigie, Lobbyist, Sprint Central Telephone, testified explaining Exhibit D. Mr. Craigie asserted he feels these are changes that will be of most interest to the committee. Fred Schmidt, Consumer Advocate, Office for Advocate of Customers of Public Utilities, Office of Attorney General, gave his support of Amendment No. 36 (Exhibit C) for S.B. 343 as changed by Exhibit D. Thomas Sheets, Assistant General Counsel, Southwest Gas Corporation, gave his comments on this legislation, noting a number of sources have been involved. Mr. Sheets noted his support for this legislation. Galen Denio, Commissioner, Public Service Commission of Nevada (PSC), asserted S.B. 343 is important since it provides the PSC tools to protect confidentiality of information. Senator Townsend closed the hearing on S.B. 343 and opened the hearing on S.B. 448. SENATE BILL 448: Revises provisions governing licensing and regulation of psychologists. Christa Peterson, President, Nevada Board of Psychological Examiners, was first to testify on this legislation. Ms. Peterson presented Exhibit E, (The original is on file in the Research Library.). Her first comments pertained to proposed fees, which she proceeded to explain. Paula Berkley, Lobbyist, Nevada Board of Psychological Examiners, entered the conversation with her views. Ms. Peterson went on with a detailed explanation of Exhibit E. Senator Lowden, Senator Townsend and Senator Augustine voiced concerns on fees and salary increases to Ms. Peterson. Ms. Peterson continued with her explanation. Senator Townsend noted in its present form, he could not support this legislation. Senator Augustine asked Ms. Peterson if her organization would be willing to revamp the proposed legislation, eliminating some of the fees, to which Ms. Peterson replied the financial cuts would be of great concern. Senator Townsend stated, "I have no problem if you want to go back [to your organization] and go to work on this......You have to understand our position, you are not going to see a committee give an executive director a 50 percent pay increase." Senator O'Connell asked, "If there could be something more that could be tied to your licensing.... I guess that's where our concern lies. What is to determine they [new licensees] should be pulled as far as complaints being lodged." Senator Regan stated, "Come back to us and say what you are going to do to protect the patient or consumer." The hearing was closed on S.B. 448 and opened on S.B. 481. SENATE BILL 481: Removes prohibition against operation of service station by refiner of petroleum. Senator Lowden gave an explanation of Exhibit F, noting that basically this amendment will allow an interim study on divorcement. Senator Lowden continued, "In the meantime we would give 10 more stations, since we are the fastest growing state in the country. Everyone else can expand except one group, so we are granting 10." John Sande, Lobbyist, Western States Petroleum Association, testified giving an explanation. Steve Yarborough, President, Nevada Gasoline Retailers, alluded to factors that might cause his opposition to this legislation. Harvey Whittemore, Lobbyist, ARCO, came forward with conflicting views as to his determination of this legislation. Senator Augustine, Mr. Yarborough, Mr. Whittemore and Mr. Sande continued with each giving their viewpoint. Jack Jeffrey, Lobbyist, Nevada Petroleum Marketers Association, has concerns this amendment (Exhibit F) will be no protection for existing dealers. Mr. Jeffrey and Senator Shaffer continued, discussing various aspects of this proposed legislation. Senator Lowden interpreted her understanding of any interim committee that deals with this amendment (Exhibit F), noting to Mr. Yarborough, this would be the opportunity to bring forth any major concerns. Mr. Yarborough noted federal law offers some protection from oil companies to those with a franchise agreement. He went on to note, however, those with a franchise agreement may be subject to manipulation in the aspect of rents, operating costs and acquisition prices. Mr. Yarborough continued, "If you pass this amendment as it is written, allowing new stations, you have effectively repealed divorcement and we have lost.... we are more than willing to come to table during the study period, but if you allow more stations, they have won." Mr. Whittemore and Mr Yarborough continued offering their opinions regarding the intent of this legislation. Senator Neal spoke voicing his concerns with this legislation, with Mr. Whittemore offering rebuttal testimony. Senator Neal again offered his concerns. SENATOR SHAFFER MOVED TO DO PASS S.B. 481 WITH AMENDMENT NO. 624. SENATOR O'CONNELL SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR NEAL VOTED NO.) * * * * * Senator Neal reiterated his opposition to this legislation. The hearing was closed on S.B. 481 and opened on S.B. 480. SENATE BILL 480: Requires public service commission of Nevada to grant application to discontinue, modify or restrict services of railroad agency under certain circumstances. Mr. Denio was first to testify, noting he feels the proposed legislation will not serve the public properly. Joe Guild, Lobbyist, Union Pacific Railroad and Nevada Dietetic Association, spoke stating there is proposed wording being developed. The hearing was closed on S.B. 480 and opened on S.B. 445. SENATE BILL 445: Clarifies that right to work includes right to join labor organization. Senator Lowden gave an explanation of this legislation and noted the controversial part of this legislation has been deleted, since it is covered by federal law. Testimony was given by Danny Thompson, Lobbyist, Political Action Director, American Federation of Labor/Congress of Industrial Organizations (AFL/CIO). Mr. Thompson noted he has not seen the amendment, however he did raise questions regarding changes. Senator Lowden again gave an explanation. SENATOR O'CONNELL MOVED TO AMEND AND DO PASS S.B. 445 WITH AMENDMENT NO. 646. SENATOR AUGUSTINE SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR NEAL VOTED NO.) * * * * * The hearing was closed on S.B. 445 and opened on S.B. 389. SENATE BILL 389: Authorizes physicians' assistants to provide controlled substances. Marsha Berkbigler, Lobbyist, Nevada State Medical Association, testified, presenting Exhibit G. Ms. Berkbigler gave an explanation. SENATOR REGAN MOVED TO AMEND AND DO PASS S.B. 389 WITH AMENDMENT NO. 512. SENATOR LOWDEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR AUGUSTINE VOTED NO.) * * * * * The hearing was closed on S.B. 389 and opened on S.B. 193. SENATE BILL 193: Regulates practice of dietitians. Mr. Guild testified and referring to Exhibit H, gave an explanation. Mr. Guild proceeding with further explanation, stated, "Unless you hold yourself out as registered, licensed, or anything of the sort and you are not, this bill does not apply to you." Clinton Ray Miller, Health Freedom Legislative Advocate, National Council for Improved Health (NCIH), Natures Sunshine (NS), Enrich International (EI), noting his organization has concerns regarding S.B. 193 and Amendment No. 539 (Exhibit H). Mr. Miller, stated,"It is the opinion of several of the groups we represent, it is not now a title protection act. This is an attempt to come as close as they can to get a practice act without actually making a licensure bill." Mr. Miller proceeded with his comments and suggestions. Further discussion ensued between Mr. Miller and Senator Augustine pertaining to which group might have an exemption according to this legislation. Senator Townsend attempted to alleviate Mr. Miller's concern over possible prosecution, however, Mr. Miller continued to voice concerns. Senator O'Connell questioned Scott Young, Senior Research Analyst regarding the intent of this legislation and to give those concerned a letter of explanation from legal counsel (Exhibit I). Mr. Young noted he cannot give the committee legal advice, only the legal division can do that. Mr. Young went on to state he did speak with Jan Needham of the legal division and with certain changes this will not be a practice act and the only thing it does is prohibit people from using the title "dietitian" and certain variations. SENATOR AUGUSTINE MOVED TO AMEND AND DO PASS S.B. 193 WITH AMENDMENT NO. 539. SENATOR LOWDEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR NEAL ABSTAINED FROM THE VOTE.) * * * * * Senator O'Connell spoke stating, "You will have a letter from our legal department (Exhibit I) telling you this does not involve you....And do whatever you feel is necessary to do so you are not in violation of the law. We will see you get that, I promise you. We will read it into the record on the floor as well." Carol Pruner, The Herb Lady, came forward with other concerns. Senator O'Connell reiterated her commitment to obtain a letter from the legal division. Senator Townsend then closed the hearing on S.B. 193 and opened the hearing on Assembly Bill (A.B.) 57. ASSEMBLY BILL 57: Broadens application of provisions governing eligibility for workers' compensation for diseases of heart or lungs. Bob Gagnier, Executive Director, State of Nevada Employees Association (SNEA), gave testimony on a fiscal note (Exhibit J). Senator Townsend noted the Assembly is working on other bills of this nature. He went on to note action by the committee, at this time, might not be prudent. Mr. Gagnier continued with his reasons for this legislation. Kevin Chadwick, Safety Officer, Risk Management/Safety Office, Washoe County, presented Exhibit K, and expressed changes he would like to see in A.B. 57. The hearing was closed on A.B. 57 and opened on A.B. 58. ASSEMBLY BILL 58: Makes various changes to provisions governing enforcement of claims for wages, commissions or other demands of person financially unable to employ counsel. Since no one was available to testify on this legislation, Senator Townsend closed the hearing on A.B. 58 and opened the hearing on A.B. 383. ASSEMBLY BILL 383: Requires security for payment of wages of all persons employed in productions in entertainment industry. Discussion between Mr. Young and Senator Lowden ensued, with Senator Lowden referring to Exhibit L. SENATOR LOWDEN MOVED TO AMEND AND DO PASS A.B. 383 BY ADDING THE WORD ATHLETICS. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * There being no further business the meeting was adjourned at 10:55 a.m. RESPECTFULLY SUBMITTED: Beverly Willis, Committee Secretary APPROVED BY: Senator Randolph J. Townsend, Chairman DATE: Senate Committee on Commerce and Labor May 26, 1995 Page