MINUTES OF THE
SENATE COMMITTEE ON COMMERCE AND LABOR
Sixty-seventh Session
May 7, 1993
The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:30 a.m., on May 7, 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
GUEST LEGISLATORS PRESENT:
R. Hal Smith, Senator, Clark Senate District 1
STAFF MEMBERS PRESENT:
Beverly Willis, Committee Secretary
Robert Erickson, Research Director, Legislative Counsel Bureau
OTHERS PRESENT:
Bill Hammer, Lawyer
Larry Green, California Land Title Association
Selma F. Bartlett, Consumer
James B. Gibson, Attorney at Law
James L. Wadams, Nevada Mortgage Bankers Association,
Terri Rankin, Commissioner, Insurance Division
Tom Springer, Executive Vice President, Inter West Mortgage
Pat Coward, Lobbyist, Land Title Association
Bobbie Gang, Lobbyist, Nevada Dietetic Association
Tina Remig, Nevada Dietetic Association
Jean Baecher-Brown, President, Nevada Dietetic Association
Barbara Cox, Registered Dietitian, ABC Nutrition Services
Kay E. Oring, Assistant Professor of Clinical Medicine, Nevada
Dietetic Association
Bonnie Dahl, Nevada Dietetic Association
John Beeston, M.D., American Association of Retired Persons, (AARP)
Marsha L. Berkbigler, Lobbyist, Nevada State Medical Association
Clinton Ray Miller, National Council for Improved Health (NCIH)
Joy Lasseter, Nutritionist, Health Education, Author
Holly Jensen, Administrator, Department of Industrial Relations, Division of Preventative Safety, State of Nevada
Senator Townsend opened the meeting by asking for a motion to introduce Bill Draft Request (BDR) 43-2053.
BILL DRAFT REQUEST 43-2053: Establishes system for verifying that owners of motor vehicles maintain mandatory proof of financial responsibility.
SENATOR SHAFFER MOVED FOR COMMITTEE INTRODUCTION OF BDR 43-2053.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
* * * * *
R. Hal Smith, Senator, Clark Senate District 1, came forward to testify. Senator Smith stated he was a sponsor of Senate Bill (S.B.) 355.
SENATE BILL 355: Establishes restrictions for depositing and disbursing funds deposited in escrow.
Senator Smith then presented Exhibit C, an explanation of his reasons for sponsoring S.B. 355, and introduced several others at the hearing who wanted to testify in favor of this bill.
Next to testify was Bill Hammer, Lawyer. Mr. Hammer noted he was testifying as a consumer. He went on to say that S.B. 355 had been referred to as the "good funds bill." He said it was designed to require escrow institutions and escrow offices to insure that before an escrow closes on a real estate transaction that "good" funds exist in the escrow before it closes. Senator Townsend asked if this was the "no float" bill. Mr. Hammer replied in the affirmative and went on to explain the escrow procedure.
Senator O'Connell asked about the portion of bill referring to federal regulations regarding deposit of escrow funds. Mr. Hammer went on to give an explanation. Senator O'Connell then asked if everyone deposited funds at the same time. Mr. Hammer replied no, that this is what the bill would provide. Senator O'Connell then inquired about the portion of the bill regarding "reasonable cause" for failure to deposit checks in the prescribed time. Mr. Hammer then noted several reasons.
Larry Green, California Land Title Association, in answer to a question by Senator Nevin regarding interest that might accrue on monies in escrow, gave information on policies already in place in California.
Selma F. Bartlett, Consumer, noted that although she was a banker, she was representing the consumer. At this time she presented Exhibit D, an outline of a normal purchase procedure. Ms. Bartlett proceeded with an explanation. She went on to state she felt S.B. 355 would permit disbursement of funds in an escrow, only after the funds are cleared. Ms. Bartlett noted she felt S.B. 355 would eliminate risk to the home buyer, the title companies and the financial institutions.
James B. Gibson, Attorney at Law, came forward to testify concurring with Mr. Hammer and Ms. Bartlett.
Terri Rankin, Commissioner, Insurance Division, gave an explanation of the differences in an escrow agent and a title agent. She noted the Insurance Division regulated title insurers, title agents and escrow agents within a title agency. Ms. Rankin went on to state there were free standing escrow agencies licensed by financial institutions who are not authorized to issue a policy of title insurance. Ms. Rankin went on to note some language in the bill could be confusing. Senator Brown, Senator Townsend and Ms. Rankin continued to discuss the bill at length.
James L. Wadams, Nevada Mortgage Bankers Association, noted this subject had come up a number of times before. He went on to state he felt there were several confusing statements in S.B. 355.
Next to testify was Tom Springer, Executive Vice President, Inter West Mortgage. Mr. Springer stated his opposition to S.B. 355. Mr. Springer presented Exhibit E, a statement from the Mortgage Bankers Association. Mr. Springer went on to explain his position on S.B. 355. He said he felt the bill would definitely cause delays.
Pat Coward, Lobbyist, Land Title Association, stated his organization held a neutral position. He went on to note the Land Title Association did not see any real need for S.B. 355. Mr. Coward did say, however, the Nevada Association of Realtors were in opposition to this bill, because they felt it would cause delays in closing.
Senator O'Connell, Senator Brown, Ms. Rankin and Mr. Wadams held an in depth discussion on the merits and drawbacks of this bill.
Senator Townsend closed the hearing on S.B. 355 and opened the hearing on S.B. 366.
SENATE BILL 366:Regulates practice of dietitians.
Bobbie Gang, Lobbyist, Nevada Dietetic Association, testified in favor of licensing dietitians. Senator Townsend noted there were several specific sections that needed some discussion. Namely, these sections were sections 8, 9, 10, 11 and 13.
Senator Townsend wanted fo know what purpose would be served by licensing dietitians. Ms. Gang presented Exhibit F, written testimony in favor of S.B. 366. Tina Remig, Nevada Dietetic Association responded to Senator Townsend's query, by stating:
There is security and safety for citizens of Nevada to receive health care and nutrition services by people that we list in our bill as registered dietitians, to be able to provide service that is safe, that is sound.
Ms. Remig went on to explain those sections noted by Senator Townsend. In answer to a question from Senator Shaffer regarding qualifications and what was required to be registered dietitian, Ms. Remig covered those requirements.
Senator Nevin noted the dietitians wanted to create their own board and he pointed out the trend, at this time, was not to create any more boards, but to consolidate. Jean Baecher-Brown, President, Nevada Dietetic Association, responded to Senator Nevin's concern.
Senator O'Connell asked Ms. Baecher-Brown regarding a situation where registered dietitians might be required on the staff; and also requested a comprehensive explanation of section 13. Ms. Baecher-Brown stated, to her knowledge, hospitals and within nursing home were the only institutions where this would be a requirement; not necessarily full time, but they must be available. It was noted that federal monies were tied to having a licensed dietitian. Barbara Cox, Registered Dietitian, ABC Nutrition Services, testified group homes were also required to have a licensed dietitian.
Ms. Baecher-Brown and Kay E. Oring, Assistant Professor of Clinical Medicine, Nevada Dietetic Association, Senator Townsend and Ms. Remig discussed methods of accomplishing a state licensure procedure for dietitians, as state licenses are not required at this time. At this time Bonnie Dahl, Nevada Dietetic Association, and Ms. Cox joined the discussion. Senator Townsend stated he would like an analysis on the concept of using federal registration as a license at the state level.
Next to testify was John Beeston, M.D., American Association of Retired Persons, (AARP). Dr. Beeston noted that AARP had a policy of supporting health programs and the licensing of those who support them.
Marsha L. Berkbigler, Lobbyist, Nevada State Medical Association, testified her organization supported this bill and the concept behind it.
Clinton Ray Miller, National Council for Improved Health (NCIH) was next to testify and presented Exhibit G, various articles and publications expressing his views in opposition to S.B. 366. A discussion between Mr. Miller and Senator O'Connell ensued. At this time, Joy Lasseter, Nutritionist, Health Education, Author, joined the discussion. Ms. Lasseter noted her concerns and opposition for this bill. She went on to set forth her qualifications as a nutritionist and the types of work with which she was involved.
Holly Jensen, Administrator, Department of Industrial Relations, Division of Preventative Safety, State of Nevada, presented Exhibit H, a written form of her testimony. This exhibit included budget information. At this point, a video was presented as an example of public service announcements prepared for distribution.
There being no further business, the meeting was adjourned at
10:50 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
May 7, 1993
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