MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON LABOR AND MANAGEMENT

 

      Sixty-seventh Session

      June 26, 1993

 

 

 

The Assembly Committee on Labor and Management was called to order by Chairman Chris Giunchigliani at 2:00 p.m. on June 26, 1993, in Room 321 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

      Ms. Chris Giunchigliani, Chairman

      Mr. Bernie Anderson, Vice Chairman

      Mr. Douglas A. Bache

      Mr. John C. Bonaventura

      Mr. Tom Collins, Jr.

      Mr. Peter G. Ernaut

      Mr. Lynn Hettrick

      Mrs. Erin Kenny

      Mr. John B. Regan

      Mr. Michael A. Schneider

 

 

COMMITTEE MEMBERS ABSENT:

 

      Mr. John Carpenter, excused

 

 

GUEST LEGISLATORS PRESENT:

 

      None

 

STAFF MEMBERS PRESENT:

 

      Donald O. Williams, Principal Research Analyst

 

OTHERS PRESENT:

 

      Mr. David Going, Department of Industrial Relations (DIR),

        Division of Enforcement for Industrial Safety and Health.

      Mr. Lawrence Semenza, representing Circus Circus

        Enterprises.

 

 

Chairman Giunchigliani opened the hearing on AB-781.

 

ASSEMBLY BILL 781 -     Makes various changes regarding safety of certain amusement rides.

 

Mr. Bernie Anderson, Assembly District 31, testified.  He noted AB-781 tried to bring qualifications for amusement rides into the statutes.  Currently Nevada is without statute in this area.

 

Mr. David Going, Department of Industrial Relations (DIR), Division of Enforcement for Industrial Safety and Health, testified in support of AB-781.  DIR felt AB-781 increased the safety for the public who used the amusement rides when they were built in Clark County.  He noted most states who had amusement rides or parks, had agencies who approved the design of the rides and also inspected them annually.

 

Mr. Going noted one proposed amendment to AB-781, page 2, line 47.  He stated any fines collected should go into the workers' compensation fund, not the state general fund.

 

Chairman Giunchigliani concurred with this amendment.

 

Mr. Going stated with DIR's current staff they did not have the expertise to deal with this type of amusement ride, and were presently unable to provide a fiscal note.  The type of person needed had to be a structural or mechanical engineer with some expertise in this area.

 

The Chair noted there would be a letter of intent for both the Nevada Attorney for Injured Workers and DIR to be able to go back to the Interim Finance Committee (IFC) for any additional bills which had fiscal impact.

 

Mr. Regan questioned if AB-781 created a dual inspection which would add more costs to the operator.  Mr. Going noted there were no inspection requirements on the state level, but he was unsure if the county conducted inspections.  There was approval of the plans prior to installation, and a professional engineer was required to do the installation.  Mr. Going stated DIR would like to get together with the county building department to take a look and see what type of inspections were presently done, if any.  Mr. Going noted if the county did conduct inspections, DIR would want to work with them so there would not be a duplication.

 

The Chair noted it would free up the costs on the local government if the state had a person assigned to do these inspections.

 

Mr. Bonaventura questioned the difference between AB-781 and AB-744 which was in the Judiciary Committee.

 

Mr. Anderson responded AB-744 addressed an amusement park as a collective group of rides, where AB-781 addressed each ride individually. 

 

Mr. Lawrence Semenza, representing Circus Circus Enterprises, testified.  Mr. Semenza stated Circus Circus would be opening Grand Slam Canyon in August, 1993 in Las Vegas which was an indoor theme and amusement park which precipitated the introduction of AB-744.  AB-744 set forth the rights and responsibilities of an owner/operator of an amusement park offering amusement rides to provide a safe environment. 

 

Mr. Semenza suggested standardizing the language of amusement rides in AB-781, as well as considering whether or not the same definition of operator as in AB-744 should be used, or to enlarge the definition to conform with the Clark County Amusement and Transportation Rides Code.  He also noted AB-781 did not include aquatic rides and these rides should also have certain obligations placed upon the owner/operators and passengers. 

 

Mr. Anderson noted the existing statute for Clark County was used as a model to generate AB-781.  AB-781 was established to cover the entire state.

 

The Chair asked Mr. Semenza if his suggestion was to add aquatic rides to AB-781.  Mr. Semenza reiterated he would like to see some standardization of the definition of amusement ride in AB-781, in line with either the Clark County ordinance or AB-744. 

The committee agreed to standardize the definition.

 

Mr. Semenza noted this was a particularly specialized area of engineering.  Clark County required Circus Circus Enterprises to hire an outside consultant on an on going basis to review the plans and specifications with respect to the rides, to ensure the construction was done according to the plans, and the safety of the erection of the device was done according to plans. 

 

The Chair asked if a statewide safety standard was adopted which did not affect the local ordinances, and a company hired an outside inspector to make sure the plans were done properly, was there language needed in SB-781 to make sure this was not a duplicated service done by the state.  Mr. Semenza noted this was an excellent suggestion.

 

Mr. Going suggested leaving in Section 2, subsection 1(c), or all temporary carnival rides might be considered as part of AB-781.

 

Mr. Semenza noted Clark County would continue to monitor the operation of Grand Slam Canyon after it was in operation.  Mr. Going suggested for maximum safety there should also be a periodic monitoring from DIR.

 

Chairman Giunchigliani requested Mr. Going, Mr. Semenza and Mr. Anderson to go to bill draft together to handle the suggested amendments.

 

Mr. Hettrick also suggested to delete the word "park" and insert "ride" on page 2, line 30.  He also stressed the issue of not  duplicating the inspections.

 

      ASSEMBLYMAN ANDERSON MOVED TO AMEND AND DO PASS AB-781.

 

      ASSEMBLYMAN BACHE SECONDED THE MOTION.

 

      THE MOTION CARRIED WITH 10 VOTES.

 

      ASSEMBLYMAN CARPENTER WAS ABSENT AT THE TIME OF THE VOTE.

 

 

There being no further business to come before committee, the meeting was adjourned at 3:00 p.m..

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      JEANNE PEYTON

      Committee Secretary

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Assembly Committee on Labor and Management

June 26, 1993

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