MINUTES OF MEETING
ASSEMBLY COMMITTEE ON COMMERCE
Sixty-seventh Session
April 21, 1993
The Assembly Committee on Commerce was called to order by Chairman Gene T. Porter at 2:45 p.m., Wednesday, April 21, 1993, in Room 332 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Mr. Gene T. Porter, Chairman
Mr. Morse Arberry, Jr., Vice Chairman
Ms. Kathy M. Augustine
Mr. Rick C. Bennett
Mr. John Bonaventura
Mr. Val Z. Garner
Ms. Chris Giunchigliani
Mr. Dean A. Heller
Mr. David E. Humke
Ms. Erin Kenny
Mr. Richard Perkins
Mr. Scott Scherer
Ms. Myrna T. Williams
COMMITTEE MEMBERS ABSENT:
None
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Mr. Paul Mouritsen, Senior Staff Analyst, Legislative Counsel Bureau
OTHERS PRESENT:
Mr. Fred Hillerby, Nevada State Board of Pharmacy (See also Exhibit B attached hereto)
Chairman Porter advised no action would be taken at this time on AB 161, AB 163, AB 187 or AB 334.
AB 148 - Requires reduction of premium for policy of insurance for motor vehicle equipped with air bag.
Ms. Kenny gave a report of the subcommittee on AB 148. She advised the subcommittee met on several occasions with all parties interested in AB 148, and she reviewed the subcommittee's discussions regarding proposed amendments. She said the subcommittee determined reduction in premiums proposed by AB 148 should be set at 30 percent for a vehicle equipped with a driver's-side airbag and at 40 percent for a vehicle equipped with two airbags as specified in the written proposed amendments to AB 148 (Exhibit C).
Discussions were held among committee members regarding the proposed amendments (Exhibit C).
ASSEMBLYMAN ARBERRY MOVED AMEND AND DO PASS AB 148.
ASSEMBLYMAN PERKINS SECONDED THE MOTION.
MOTION CARRIED; Assemblyman Scherer voted no.
AB 162 - Revises provisions for establishing eligibility for preference given to local contractors for public works projects.
Mr. Perkins gave a report of the subcommittee on AB 162. He advised he encouraged the representative of the Department of Transportation to meet and confer with those interested parties who had previously arrived at a compromise with respect to AB 162. He said he had since been informed the Department of Transportation intended to work toward a separate piece of legislation. He recommended AB 162 be amended and passed in accordance with the compromise arrived at by the parties involved.
Discussions among committee members.
Chairman Porter asked if his recollection of the parties' compromise, "...that the six months be changed to three," was correct. Mr. Perkins responded affirmatively.
ASSEMBLYMAN PERKINS MOVED AMEND AND DO PASS AB 162.
ASSEMBLYMAN KENNY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
AB 164 - Requires that benefits paid for health care services by governmental agency must be paid at rate not less than that paid to nongovernmental providers of similar services.
Mr. Scherer gave a report of the subcommittee on AB 164. He said Mr. Jerry J. Zadney, Administrator, Department of Human Resources, Division of Mental Hygiene and Mental Retardation, advised him that pursuant to discussions held between Mr. Zadney and the Commissioner of Insurance, it was not necessary to proceed with AB 164.
The committee took no action on AB 164.
AB 311 - Makes various changes relating to architecture.
AB 234 - Revises penalty for first violation and increases penalty for second or subsequent violation of laws governing architects.
Mr. Scherer gave a subcommittee report on both AB 311 and AB 234, AB 234 having been determined to be a subcomponent of AB 311 at the time both bills were assigned to subcommittee.
Mr. Scherer advised the sponsors of the bills wished no action taken on the bills at this time.
The committee agreed to take no action on AB 311 or AB 234 at this time.
AB 235 - Establishes and revises various fines and penalties.
Mr. Humke gave a subcommittee report on AB 235. He advised Assistant Attorney General Brooke Nielsen had resolved the problems with AB 235 as set forth in her memo dated April 8, 1993 (Exhibit D) and the subcommittee had adopted her recommendations as set forth therein. He reviewed the proposed amendments in Exhibit D. With respect to the proposed amendment concerning agencies with ability to impose fines, Mr. Humke said the subcommittee determined the Nevada State Board of Registered Professional Engineers and Land Surveyors should be included in the list of such agencies.
Discussions among committee members.
ASSEMBLYMAN HUMKE MOVED AMEND AND DO PASS AB 235.
ASSEMBLYMAN BENNETT SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
AB 238 - Makes excessive charge for placing vendor or supplier on list of approved vendors or suppliers deceptive trade practice.
The committee agreed to take no action on AB 238 at this time.
AB 240 - Prohibits certain policies of insurance from excluding coverage for intentional and unlawful sexual acts by insured.
The committee agreed to take no action on AB 240 at this time.
AB 262 - Makes various changes to provisions governing sale and dispensing of hypodermic devices and prophylactic products.
ASSEMBLYMAN HELLER MOVED TO INDEFINITELY POSTPONE AB 262.
ASSEMBLYMAN AUGUSTINE SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
AB 300 - Makes various changes to provisions governing hearing aid specialists.
Ms. Augustine gave a report of the subcommittee on AB 300. She submitted proposed amendments to AB 300 (Exhibit E) and reviewed those amendments for the committee.
Mrs. Williams referred to wording in the proposed amendment to Section 12 (Exhibit E) regarding a licensee having his name and license transferred to an inactive list, and said she was concerned about individuals who were not active (hearing aid specialists) to begin with but merely bought a hearing aid business.
Discussions among committee members regarding the proposed amendment and its applicability to Mrs. Williams' concern.
Chairman Porter directed further discussions on AB 300 be held in abeyance.
ACR 12 - Urges Commissioner of Insurance to encourage insurers who issue policies of health insurance to offer policies with limited coverage to certain persons.
ASSEMBLYMAN SCHERER MOVED DO ADOPT ACR 12.
ASSEMBLYMAN HELLER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
AB 262 - Makes various changes relating to architecture.
ASSEMBLYMAN WILLIAMS MOVED TO RESCIND THE PRIOR MOTION, SECONDED AND CARRIED, TO INDEFINITELY POSTPONE AB 262.
ASSEMBLYMAN GIUNCHIGLIANI SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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ASSEMBLYMAN HELLER MOVED DO PASS AB 262
ASSEMBLYMAN GIUNCHIGLIANI SECONDED THE MOTION.
Discussion was held among committee members.
Ms. Augustine expressed concern AB 262 would eliminate the requirement that a vendor or store obtain a permit to sell hypodermic needles.
Chairman Porter reopened testimony on AB 262.
Mr. Fred Hillerby, Nevada State Board of Pharmacy, testified. He advised the type of hypodermic needles with which AB 262 was concerned were presently available through catalog sales and at veterinary supply stores and federal law did not require a prescription to obtain such hypodermic needles.
Ms. Augustine said she believed AB 262 would make hypodermic needles more readily accessible to anyone wishing to obtain them and suggested AB 262 was a very dangerous bill.
Discussions were held between committee members and Mr. Hillerby.
Mr. Perkins stated he shared Ms. Augustine's concern. He said AB 262 did not define "under the direction of a pharmacist".
Chairman Porter referred AB 262 to Mr. Heller as a subcommittee of one.
AB 300 - Makes various changes to provisions governing hearing aid specialists.
The committee resumed its consideration of AB 300.
Chairman Porter asked Mr. Paul Mouritsen, Senior Staff Analyst, to explain the proposed amendments to AB 300 (Exhibit E).
Mr. Mouritsen explained the proposed amendments incorporated changes proposed by the hearing aid specialists. He indicated there were problems with the hearing aid specialists' proposal concerning an inactive licensee as the proposal neither made provision for fees nor established the qualifications for an inactive licensee, but the bill drafter, after inquiring with regard to those problems, had incorporated changes regarding the provisions for an inactive licensee in the proposed amendment (Exhibit E).
Discussions were held between committee members and Mr. Mouritsen concerning the provisions for an "owner's license." Chairman Porter advised Mr. Mouritsen it was not the committee's intent that investors, shareholders, officers or directors of a company employing a hearing aid specialist be licensed, but only that the individual working as a hearing aid specialist be licensed. He asked Mr. Mouritsen to provide an amendment consistent with the committee's intent.
Mr. Arberry expressed concern regarding a provision in the proposed amendment to Section 25 of AB 300 (Exhibit E) that an application for hearing aid specialist might be disapproved if the applicant had been convicted of a felony. Discussions were held among committee members concerning such provision. Mr. Scherer pointed out the provision said an application "may" be disapproved if the applicant had been convicted of a felony but did not automatically disqualify an individual convicted of a felony from being licensed. Mrs. Williams proposed care must be exercised in placing restrictions on the ability of individuals (released from incarceration) to become productive members of society.
ASSEMBLYMAN SCHERER MOVED AMEND AND DO PASS AB 300.
ASSEMBLYMAN AUGUSTINE SECONDED THE MOTION.
Chairman Porter asked Mr. Scherer to clarify his motion. Mr. Scherer responded his motion took into account the committee's concern that provisions for licensing be directed at those individuals who performed services as hearing aid specialists and not at those who were investors or owners (of a company providing hearing aid services). He said in addition his motion included retaining the language of the proposed amendment (Exhibit E) concerned with denial of an application for hearing aid specialist based upon a felony conviction, with the word "may" to remain in that language in order that it be clear the board would have discretion regarding such denial.
THE MOTION CARRIED; Assemblymen Arberry, Bonaventura, Giunchigliani, Kenny, Williams and Porter voted "no".
There being no further business to come before the committee, Chairman Porter adjourned the meeting.
RESPECTFULLY SUBMITTED,
______________________
SARA J. KAUFMAN
Committee Secretary
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Assembly Committee on Commerce
April 21, 1993
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