MINUTES OF THE
SENATE COMMITTEE ON COMMERCE AND LABOR
Sixty-seventh Session
April 20, 1993
The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:30 a.m., on April 20, 1993, in Room 227 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator Randolph J. Townsend, Chairman
Senator Sue Lowden, Vice Chairman
Senator Ann O'Connell
Senator Mike McGinness
Senator Raymond C. Shaffer
Senator Leonard V. Nevin
Senator Lori L. Brown
STAFF MEMBERS PRESENT:
Beverly Willis, Committee Secretary
Brian Davie, Senior Research Analyst
OTHERS PRESENT:
William D. Embry, Funeral Director, Nevada Funeral Service
Edward McCaffery, President, Waltons, Inc.
Robert Auer, Attorney General's Office
Scott Craigie, Chief of Staff, Governor's Office
Mark Durban, General Manager, Desert Memorial Cremation & Burial Society.
Dan Rohling, Director, Funeral Information Service
Wayne Reynolds, President, Nevada Cemetery Association
H. E. Burton, Vice President, Palm Mortuaries & Memorial Park
Frank W. Daykin, Attorney at Law
The first order of business was a hearing on Senate Bill (S.B.) 245.
SENATE BILL 245: Revises certain provisions governing funeral directors and embalmers.
The first to testify was William D. Embry, Funeral Director, Nevada Funeral Service. Mr. Embry expressed concerns and asked for clarification on section 6 of this bill, specifically the word "disposition." Senator Townsend asked for further testimony to help answer and clarify this section for Mr. Embry. Edward McCaffery, President, Waltons, Inc., testified at this time.
Mr. McCaffery explained the reason for the bill was to bring the laws up to modern day business techniques. There have been no significant changes in the law since 1959. Also, it should be noted that the Federal Trade Commission (FTC) regulates the funeral industry at this time. Mr. McCaffery gave a detailed explanation of the reasons for this bill and more specifically the word "disposition."
Senator O'Connell asked if these definitions were commonly used in other states. Mr. McCaffery replied these definitions were reached by checking with other states and having public hearings.
Robert Auer, Attorney General's Office was next to testify. Mr. Auer stated he felt that disposition meant either burial or cremation. Mr. Auer, Mr. McCaffery and Senator Shaffer went on with a further discussion of this section. Mr. Embry stated his concerns had been addressed satisfactorily.
Senator Townsend asked what constituted "a responsible third party." Mr. Auer responded that he did not have an explanation, at this time. Scott Craigie, Chief of Staff, Governor's Office, responded to Senator Townsend's inquiry regarding a responsible third party, stating there might not be any family, so a nursing home administrator, some member of government, or the administrator of an estate could be a responsible third party.
Senator O'Connell asked Mr. McCaffery to clarify the bill for the committee. Mr. McCaffery gave a detailed explanation. Senator O'Connell wanted to know if Mr. McCaffery felt this bill would give the opportunities that were needed. Mr. McCaffery replied in the affirmative.
Mr. Craigie testified the Governor was generally in favor of S.B. 245. Mr. Craigie went on to state the concern was on the function and jurisdiction of the State Board of Funeral Directors. He noted that up to this time, in extreme cases of need, the staff of state government has no jurisdiction to intercede and only the board has any authority. Mr. Craigie went on to express his concerns over section 10. Mr. Craigie stated it was felt that S.B. 245 and S.B. 398 should be coordinated. Mr. Craigie noted a need for regulation of cemeteries was not felt at this time.
SENATE BILL 398: Provides for regulation of cemeteries and crematories.
Next to testify was Mark Durban, General Manager, Desert Memorial Cremation & Burial Society. Mr. Durban addressed sections 6, section 7, section 12 and section 25. Mr. Durban stated he felt that section 25 should be rewritten. Senator Townsend suggested the subcommittee take appropriate portions from S.B. 245 and S.B. 398 those things the Governor's Office is concerned with and attempt to create a bill that would meet suitable standards.
Dan Rohling, Director, Funeral Information Service, came forward to address various concerns in S.B. 245. He particularly addressed the investigatory area.
Senator Townsend closed the hearing on S.B. 245 and opened the hearing on S.B. 356.
SENATE BILL 356: Makes various changes relating to disposition of dead human bodies.
Mr. Rohling testified on S.B. 356. He noted he had written this bill, which was sponsored by Senator Titus. Senator Townsend asked Mr. McCaffery to come forward to lend his expertise to the testimony. Mr. McCaffery explained he felt the bill was redundant, since the body of the bill was covered under other regulations.
Senator O'Connell requested information on how enforcement of section 2 would be carried out. This section provides for the use of a rental casket. Mr. Rohling went on with an explanation, in particular of section 2; in general about the entire bill. Mr. McCaffery reiterated, he felt the law was redundant. There was further discussion regarding rental caskets between Senator Brown, Mr. McCaffery and Mr. Rohling. At this point, Mr. Craigie came forward to express his views on S.B. 356. Senator Lowden then joined the discussion, in particular she inquired regarding section 11. Mr. Rohling endeavored to explain her concerns.
Senator Townsend closed the hearing on S.B. 356 and opened the hearing on S.B. 398.
SENATE BILL 398: Provides for regulation of cemeteries and crematories.
Wayne Reynolds, President, Nevada Cemetery Association, came forward to testify on S.B. 398. He noted that cemeteries were licensed, but crematories were not. Mr. Reynolds felt it was time that a state cemetery board should be established. He noted that most of the language in S.B. 398 was taken from the Cremation Association of North America.
H. E. Burton, Vice President, Palm Mortuaries & Memorial Park, came forward at this time, stating why he thought this bill was necessary. Senator O'Connell pointed out there was a move in state government to consolidate boards instead of creating new boards. Mr. Burton stated that nevertheless, he felt a board should be created with those who had a firsthand knowledge of the industry.
Senator Shaffer inquired about prepaid contracts. Mr. Burton went on to address Senator Shaffer's concerns.
Next to testify was Frank W. Daykin, Attorney at Law, who commented on S.B. 398, stating the first part of the bill was an act from the crematory association put into language suitable for the statutes. The purpose of the second part was to leave with the Commissioner of Insurance issues concerning the insurance division and to transfer to a vocational board of some sort the parts that deal with the cemetery.
Senator Shaffer questioned Mr. Daykin on the possibility of consolidating the three bills presented at this hearing. Mr. Daykin stated he was not familiar with all three bills, but would be happy to work with the subcommittee, to be chaired by Senator Shaffer. Senator Nevin stated he felt that S.B. 245 and S.B. 398 could be consolidated, but expressed doubts as to whether or not S.B. 356 would be suitable.
Senator Townsend went on to note that Senator Shaffer would be chairing the subcommittee that includes Senator O'Connell and Senator Nevin.
Senator Townsend closed the hearing on all three bills.
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:
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Senate Committee on Commerce and Labor
April 20, 1993
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