MINUTES OF THE SENATE COMMITTEE ON COMMERCE AND LABOR Sixty-eighth Session May 31, 1995 The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:00 a.m., on Wednesday, May 31, 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. GUEST LEGISLATORS PRESENT: Senator Dina Titus STAFF MEMBERS PRESENT: Beverly Willis, Committee Secretary Scott Young, Senior Research Analyst OTHERS PRESENT: Brenda Trainor, Manager Regional Telecommunications, Clark County Nancy Brown, Intern, Senator Dina Titus Galen Denio, Commissioner, Public Service Commission of Nevada (PSC) Dave McNeil, Energy Program Specialist, Nevada State Energy Office Wayne Horiuchi, Special Representative, Government Affairs and Community Relations, Union Pacific Railroad Danny Thompson, Political Action Director, Nevada State American Federation of Labor/Congress of Industrial Organizations Charlotte Crawford, Acting Director, Department of Human Resources Paula Berkley, Lobbyist, Board of Psychological Examiners. Alice Molasky, Commissioner, Division of Insurance, Department of Business & Industry Senator Townsend opened the meeting with the potential introduction of Bill Draft Request (BDR) 57-1065. BILL DRAFT REQUEST 57-1065: Makes various changes concerning health insurance and provision of health care. SENATOR NEAL MOVED TO INTRODUCE BDR 57-1065. SENATOR O'CONNELL SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. * * * * * The next order of business was the hearing on Senate Bill (S.B.) 505. SENATE BILL 505: Makes various changes in regulation of insurance. Senator Townsend announced this bill will be referred to subcommittee. The hearing was then opened on S.B. 507. SENATE BILL 507: Makes various changes relating to communications. Brenda Trainor, Manager Regional Telecommunications, Clark County, was first to testify. Ms. Trainor presented Exhibit C. Senator O'Connell and Senator Neal questioned Ms. Trainor regarding specific action of this legislation. Senator Neal was particularly interested in federal law and its effect to this proposed legislation. Ms. Trainer and Senator Neal continued discussion pertaining to federal law, rates, and cable service in general. Senator Townsend inquired, of Ms. Trainor information concerning the inception of this proposed legislation. Ms. Trainor noted S.B. 507 was drafted before she took her position and the process was handled through the standard bill drafting process Clark County maintains. Senator Townsend joined the discussion, stating: I want to make sure this is clear and understood, that Senator O'Connell's question, which is "What is written in this bill meets what the goals of the commission are, or in fact, does it need to be amended to meet what your goals are because the language does address it." Ms. Trainor stated, "I am open to amendments if there are things in this bill that you believe are inconsistent with our goals." Senator O'Connell, Senator Shaffer and Ms. Trainor again discussed the meaning and powers provided in this legislation, with Ms. Trainor continuing her justification. Senator Regan offered comments stating, "I read this bill (S.B. 507) like it's a license to steal for the county with no control of the voter." Once again, Senator Neal and Ms. Trainor held a discussion, this time pertaining to rates and the possibility of eminent domain exercised by cable companies. Senator Townsend noted he feels there seems to be substantial differences between the committee's interpretation of what S.B. 507 says versus what Ms. Trainor expects. Ms. Trainor continued with a review of services that, hopefully, will be available in the future. Senator Townsend then voiced serious concerns regarding presentation and intent of this legislation. He went on to state, "This is a blanket authority for Clark County to do whatever they want....." Senator Neal gave further opinions pertaining to S.B. 507, noting, in many areas he favors this legislation. SENATOR AUGUSTINE MOVED TO INDEFINITELY POSTPONE S.B. 507. SENATOR O'CONNELL SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR NEAL VOTED NO.) * * * * * At this time the hearing was closed on S.B. 507 and opened on S.B. 503. SENATE BILL 503: Authorizes program of optional pricing for electricity derived from renewable energy resources. Senator Dina Titus, Clark County District 7, gave an explanation or this legislation and introduced Nancy Brown, Intern, Senator Dina Titus. Ms. Brown presented Exhibit D, Exhibit E and Exhibit F, with an explanation. Discussion between Ms. Brown and Senator Neal took place, regarding pricing. Senator Lowden joined in noting she feels this sort of legislation will not be practical and requested information on areas where financial aid will be coming from. Senator Shaffer pointed out this service would be an option for those interested. Galen Denio, Commissioner, Public Service Commission of Nevada (PSC), spoke, presenting Exhibit G and noting his support for this legislation. Further discussion between Mr. Denio, Senator Lowden, Senator O'Connell and Senator Regan took place. At this time, Dave McNeil, Energy Program Specialist, Nevada State Energy Office, presented his testimony (Exhibit H). Senator Lowden, Senator Neal, Mr. McNeil and Ms. Brown discussed rates. The hearing was closed on S.B. 503 and opened the hearing on S.B. 480. SENATE BILL 480: Requires public service commission of Nevada to grant application to discontinue, modify or restrict service of railroad agency under certain circumstances. Wayne Horiuchi, Special Representative, Government Affairs and Community Relations, Union Pacific Railroad, presented Exhibit I and gave an explanation. Mr. Horiuchi noted this is all new language and basically, clarifies the involvement of the PSC and allows for notice by the PSC. He went on to note areas where the Union Pacific Railroad feel they must take a stand. Mr. Horiuchi noted at a meeting with the PSC, the new language has been rejected. At this time, Mr. Denio, came forward to present Exhibit J and Exhibit K, noting opposition to S.B. 480. Senator Townsend and Mr. Denio continued examining details of the PSC hearing process. Senator Augustine and Mr. Horiuchi reviewed the fate of any agents who might be eliminated, with Mr. Horiuchi reiterating his stand the future of any affected agents is assured, and stating these positions should not be involved with safety inspections. Danny Thompson, Political Action Director, Nevada State American Federation of Labor/Congress of Industrial Organizations, noted his objections to this legislation. One of Mr. Thompson's objections was the safety factor. Once again it was pointed out, this time by Senator Augustine, that safety is not a primary function of these agents and this is not a part of their job description. Senator Augustine went on to note Mr. Thompson, in particular, might have concerns with an employee performing work outside a prescribed job description. Senator Lowden joined the discussion, noting she would like clarification regarding the job description and whether or not these affected agents do, in fact, have training in safety and hazardous material inspection. Mr. Thompson noted he could not say whether these agents have received safety training. Senator Augustine reiterated her concerns. A lengthy, detailed debate took place between Mr. Horiuchi, Senator Augustine, Senator Neal and Mr. Denio. The hearing was closed on S.B. 480 and opened on Assembly Bill (A.B.) 329. ASSEMBLY BILL 329: Requires board of psychological examiners to issue licenses under certain circumstances to persons employed by State of Nevada as psychologists. Testifying with information on this legislation was Charlotte Crawford, Acting Director, Department of Human Resources. Ms. Crawford gave statistics and information on those who might be affected. Senator Augustine inquired concerning the educational status of those in question. Further information was presented by Paula Berkley, Lobbyist, Board of Psychological Examiners. Senator Regan noted he feels this is special legislation that is unconstitutional and that he feels should be indefinitely postponed. SENATOR REGAN MOVED TO INDEFINITELY POSTPONE A.B. 329. SENATOR LOWDEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR NEAL VOTED NO.) * * * * * The hearing was closed on A.B. 329. Senator Townsend then brought forth Bill Draft Request (BDR) 54- 1972. BILL DRAFT REQUEST 54-1972: Makes various changes to provisions governing practice of homeopathic medicine. SENATOR REGAN MOVED TO INTRODUCE BILL DRAFT REQUEST 54- 1972. SENATOR O'CONNELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * The hearing was then opened on S.B. 505. SENATE BILL 505: Makes various changes in regulation of insurance. Alice Molasky, Commissioner, Department of Business and Industry, Division of Insurance, presented Exhibit L and Exhibit M. There being no further business the meeting was adjourned at 10:45 a.m. RESPECTFULLY SUBMITTED: Beverly Willis, Committee Secretary APPROVED BY: Senator Randolph J. Townsend, Chairman DATE: Senate Committee on Commerce and Labor May 31, 1995 Page