MINUTES OF THE
SENATE COMMITTEE ON COMMERCE AND LABOR
Sixty-seventh Session
May 14, 1993
The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:00 a.m., on Friday, May 18, 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:
William A. Petrak, Assemblyman, District No. 18
STAFF MEMBERS PRESENT:
Beverly Willis, Committee Secretary
Denise Pinnock, Committee Secretary
Brian Davie, Senior Research Analyst
OTHERS PRESENT:
Lorne J. Malkiewich, Legal Division, Legislative Counsel Bureau
Margaret M. Stanish, Deputy Attorney General, Consumer Affairs Division
Steve Sisolak, American Distributing Company
Colette L. Rausch, Deputy Attorney General
Andrea "Ande" Engleman, Lobbyist, Nevada Press Association, Inc.
Lewis Laughlin, Laughlin Associates, Inc.
Teresa P. Rankin, Commissioner, Department of Insurance
Carol Hanna, Private Investigator's Licensing Board
Fred Hillerby, Lobbyist, Nevada Pharmaceutical Association
Joyce Newman, Lobbyist, Utility Shareholders Association
Jim Wadams, Lobbyist, Nevada Rural Electric Association, and Silver State Power Association
Timothy Griswold, Certified Public Accountant
Kress Cave, Certified Public Accountant
Randy Walker, Legislative Chairman, Nevada Society of Certified Public Accountants
Bob Crowell, Lobbyist, Utility Shareholders Association of Nevada
John Wiles, Advocate for Insurance Customers
Senator Townsend opened the work session with Senate Bill (S.B.) 375.
SENATE BILL 375: Makes various changes relating to solicitation by telephone.
Lorne J. Malkiewich, Legal Division, Legislative Counsel Bureau, was first to testify. Mr. Malkiewich presented Exhibit C, amendment 416 of S.B. 375. Mr. Malkiewich noted there were four major changes to the bill. The first and most significant is to change the licensing of telemarketers, to registration of telemarketers. The second transfers a large amount of regulations, currently contained in regulations of the Commissioner of Consumer Affairs, into statute. The third change revises exemptions from what is now registration. Fourth, S.B. 375 shifts authority to the Attorney General's Office. Mr. Malkiewich went on to explain the changes.
Responding to a request by Senator Townsend, Margaret M. Stanish, Deputy Attorney General, Consumer Affairs Division, was next to testify. Ms. Stanish stated S.B. 375 represented good government and went on to explain her views.
Next to testify was Steve Sisolak, American Distributing Company, who concurred with Ms. Stanish, stating that if support and staff were available to implement S.B. 375 the industry would stand behind it and hope that problems would be addressed.
Budgetary and personnel concerns, expressed by Senator O'Connell, were addressed by Colette L. Rausch, Deputy Attorney General. Further explanation and discussion on financial matters was given by Mr. Sisolak, Senator Nevin and Senator Shaffer. Ms. Rausch noted that any problems would have a high priority with the Attorney General's Office.
Senator Brown, Ms. Rausch and Mr. Sisolak had further discussion on regulations. Ms. Rausch made some further remarks on personnel and the budget.
Senator Lowden, Senator Shaffer, Ms. Rausch and Mr. Sisolak held an in depth discussion on exemptions and taxes. There were a number of concerns voiced regarding who would be covered by S.B. 375 as far as licensing is concerned and who would be affected by certain taxes. In order to help alleviate some of these concerns, Senator Nevin noted those organizations who wanted exemptions were not concerned with S.B. 375. He stated he felt most of the concern was over the 4 percent tax bill in the assembly, that would tax everybody 4 percent under telemarketing. There was further discussion by Senator O'Connell and Mr. Sisolak regarding the tax issue.
A lengthy discussion ensued between Senator Lowden, Senator Shaffer, Senator Nevin, Andrea "Ande" Engleman, Lobbyist, Nevada Press Association, Inc., and Mr. Sisolak regarding various aspects of S.B. 375.
Senator Townsend requested Brian Davie, Senior Research Analyst, to draft a letter to the attorney general from the committee, that it is the understanding of the committee pursuant to the subcommittee discussions, that the attorney general will prosecute those who do not meet the law and who are using an exemption to avoid provisions of S.B. 375.
Lewis Laughlin, Laughlin Associates, Inc., presented Exhibit D, a proposed amendment for S.B. 375. Mr. Laughlin noted he had presented this information to the subcommittee, but still had concerns. Ms. Stanish had concerns on the proposed amendment. Senator Townsend noted there were some technicalities that Mr. Malkiewich needed to address and asked that the proposed amendment presented by Mr. Malkiewich be redrafted.
Senator Townsend announced that bills that dealt with finances had been referred to the Senate Committee on Finance.
SENATOR NEVIN MOVED TO AMEND AND DO PASS S.B. 375 AND REFER TO THE SENATE COMMITTEE ON FINANCE.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator Townsend closed the work session on S.B. 375 and opened the session on S.B. 245, S.B. 356, and S.B. 398.
Senator Shaffer noted his subcommittee had been considering the possibility of postponing S.B. 356.
SENATE BILL 356: Makes various changes relating to disposition of dead human bodies.
SENATOR SHAFFER MOVED TO INDEFINITELY POSTPONE S.B. 356.
SENATOR O'CONNELL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator Shaffer then addressed S.B. 245 and S.B. 398.
SENATE BILL 245: Revises certain provisions governing funeral directors and embalmers.
SENATE BILL 398: Provides for regulation of cemeteries and crematories.
Senator Shaffer stated there had been work on these two bills by Mr. Davie, as well as representatives from the Governor's Office. He noted there were still questions regarding reorganization and where these bills would fit. Senator Shaffer said the subcommittee had put together a board that would govern funeral directors, embalmers, crematories and cemeteries under one entity. Since all the issues had not been resolved, Senator Townsend noted S.B. 245 and S.B. 398 would hold over till the next work session.
Senator Townsend then opened the work session to S.B. 407.
SENATE BILL 407: Makes various changes relating to licensing and regulation of escrow agencies and agents.
Senator Townsend presented Exhibit E, an amendment to S.B. 407. Teri Rankin, Commissioner, Insurance Division, came forward to testify and clarify this amendment.
SENATOR SHAFFER MOVED TO AMEND AND DO PASS S.B. 407.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Next, Senator Townsend called for action on S.B. 207.
SENATE BILL 207: Provides that records of investigations by private investigator's licensing board are confidential.
Carol Hanna, Private Investigator's Licensing Board, testified stating that Exhibit F, an amendment to S.B. 207, was acceptable.
SENATOR LOWDEN MOVED TO AMEND S.B. 207 WITH AMENDMENT 508.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
The next legislation to be addressed was S.B. 358.
SENATE BILL 358: Limits exemptions from licensure by private investigator's licensing board.
SENATOR O'CONNELL MOVED TO INDEFINITELY POSTPONE S.B. 358.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Next on the agenda was Assembly Bill (A.B.) 236.
ASSEMBLY BILL 236: Allows private investigator's licensing board to issue citations and impose fines for unlicensed activity that requires licensure.
SENATOR SHAFFER MOVED TO DO PASS A.B. 236.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
The next order of business was S.B. 246.
SENATE BILL 246: Revises certain provisions relating to practice of pharmacy and state board of pharmacy.
Fred Hillerby, Lobbyist, Nevada Pharmaceutical Association, presented Exhibit G, an amendment for S.B. 246. Mr. Hillerby gave an explanation of this amendment.
SENATOR O'CONNELL MOVED TO AMEND AND DO PASS S.B. 246 WITH AMENDMENT 517.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
SENATOR O'CONNELL MOVED TO INDEFINITELY POSTPONE S.B. 216.
SENATOR LOWDEN SECONDED THE BILL.
THE MOTION CARRIED UNANIMOUSLY.
Since A.B. 375 was extremely technical it would be held till the next work session.
ASSEMBLY BILL 375: Requires use of employer's previous experience out of state in setting premium for industrial insurance.
There was an in-depth discussion on S.B. 441 by Ms. Engleman, Joyce Newman, Lobbyist, Utility Shareholders Association and Senator O'Connell.
SENATE BILL 441: Declares policy of legislature concerning regulation of public utilities.
Next to testify was Jim Wadams, Lobbyist, Nevada Rural Electric Association, and Silver State Power Association. Senator Townsend stated S.B. 441 would be addressed at the next work session.
Senator Townsend called for testimony on A.B. 436.
ASSEMBLY BILL 436: Precludes persons receiving certain benefits for industrial injuries from receiving unemployment compensation at the same time.
Since there was no one to testify at that time, Senator Townsend said this bill would be rescheduled for the next work session.
Senator Townsend opened the work session on A.B. 241.
ASSEMBLY BILL 241: Prospectively increases number of semester hours required for certification as certified public accountant.
Timothy Griswold, Certified Public Accountant and Kress Cave, Certified Public Accountant, testified in opposition to this bill. Mr. Griswold and Mr. Cave noted a number of reasons for their opposition. Mr. Griswold presented Exhibit H, his written testimony. At this time, Randy Walker, Legislative Chairman, Nevada Society of Certified Public Accountants, came forward to testify in favor of A.B. 241. Mr. Walker gave a statement noting his reasons for being in favor of this bill.
The next legislation to be addressed was A.B. 148.
ASSEMBLY BILL 148: Requires reduction of premium for policy of insurance for motor vehicle equipped with air bag.
John Wiles, Advocate for Insurance Customers and Bob Crowell, Lobbyist, Utility Shareholders Association of Nevada, came forward to testify. Mr. Wiles testified on the amendment supported by Teresa P. Rankin, Commissioner, Department of Insurance. This amendment was presented as Exhibit I. Mr. Wiles stated he was, in essence, proposing another amendment for this bill. Next to testify was Terri Rankin, Commissioner, Insurance Division. There was discussion between Ms. Rankin, Senator Brown, Senator O'Connell and William A. Petrak, Assemblyman, District No. 18, regarding A.B. 148. Senator Townsend noted A.B. 148 would be referred to subcommittee. Senator Townsend went on to state there would be another work session on May 21.
There being no further business, the meeting was adjourned at
10:55 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 14, 1993
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