MINUTES OF THE
SENATE COMMITTEE ON COMMERCE AND LABOR
Sixty-seventh Session
June 15, 1993
The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 9:30 a.m., on June 15, 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:
Brian Davie, Senior Research Analyst
Dr. Frank Krajewski, Senior Research Analyst
Sheri Asay, Committee Secretary
OTHERS PRESENT:
Harvey Whittemore, Lobbyist, Nevada Court Reporters Association
Stella Butterfield, Member, Nevada Court Reporters Association
Debbie Cahill, Director of Government Relations, Nevada State Education Association
Floyd Mundt, Board of Directors/Maintenance, Nevada State Education Association
Patrick McHenry, Maintenance Coordinator, Washoe County School
District
Donna Lewis, Administrator, Division for Enforcement of Industrial Safety and Health, State of Nevada
Stan Warren, Lobbyist, Sierra Pacific Resources
Senator Townsend opened the meeting and announced a discussion of Senate Bill (S.B) 198 and Senate Bill (S.B.) 213.
SENATE BILL 198: Requires continuing education as condition of renewal of certification of certified shorthand reporter.
SENATE BILL 213: Makes various changes to provisions governing certified shorthand reporters.
Harvey Whittemore, Lobbyist, Nevada Court Reporters Association, testified on S.B. 198, which he explained as "enabling legislation only...It would require that the board adopt regulations, basically suggesting that this continuing education must be completed before you get your certification renewed." Mr. Whittemore pointed out that the bill also requires a shorthand reporter pay a renewal fee.
Mr. Whittemore remarked, "...as the profession has continued to grow and mature, you need to have individuals take courses of education which would ensure their continued viability within the industry."
Senator O'Connell asked about the annual renewal fee. Mr. Whittemore replied that the fee is presently set at $50 and would go to $100 under S.B. 198. He explained, "...that would be a maximum...as we're proposing under the other bill, S.B. 213, we're requesting that you establish a rate somewhere between $50 and $100 and let the board fix that rate annually."
In response to a question by Senator Brown, Mr. Whittemore responded that shorthand reporters record court testimony and depositions, which demand accuracy.
Stella Butterfield, Member, Nevada Court Reporters Association, testified in support of S.B. 198.
Senator McGinness asked what type of continuing education would be covered. Ms. Butterfield responded that it would cover both the mechanics and court procedures. She elaborated on the training.
Senator McGinness wondered if there are courses available in the state. Ms. Butterfield responded that the State Court Reporters Association offers an annual seminar and workshop, in addition to continuing workshops. She explained that the state training would work in conjunction with that of the National Court Reporters Association.
Senator O'Connell opened discussion on S.B. 213.
Mr. Whittemore explained that if the bill is passed, shorthand reporters will be hereafter referred to as court reporters, due to the technological advances within the profession.
Mr. Whittemore reiterated the change in fees from $50 maximum to $100 maximum and the minimum from $5 to $50, deemed necessary to cover the costs "associated with the designation and issuance of these licenses."
In response to a question by Senator Brown, Mr. Whittemore responded, "If 198 [S.B. 198] passes first, then you'll pick up the changes in 213 [S.B. 213], so you really don't need to amend the bill...213 [S.B. 213] will be passed after 198 [S.B. 198]. So the changes will be appropriate."
Senator Lowden wondered about the dramatic increase in fees. Mr. Whittemore replied that the court reporters association supports the increase, because the fees are very low in comparison to other boards, and it would allow the boards to operate with greater professionalism. Ms. Butterfield agreed.
Ms. Butterfield said that the fees are used to operate the board as well as for testing costs. She explained those costs, and the additional costs of disciplinary hearings.
Senator O'Connell asked what the balance is in the board's budget. Ms. Butterfield said there is a zero balance.
There was general discussion on the number of members and the costs incurred in contacting them. She said, "...the board did not contemplate going immediately to $100. It was there as a cap so that it would not be necessary to come back to the legislature."
Mr. Whittemore clarified, "They thought maybe going up $25, somewhere in between the $75 and $100 range...."
In response to a question by Senator McGinness, Ms. Butterfield explained the problems with tracking down members who have moved.
Mr. Whittemore concluded his remarks by thanking the committee for their time and attention to this issue.
Senator O'Connell opened discussion on Assembly Bill (A.B.) 398.
ASSEMBLY BILL 398: Requires licensing of operators of large boilers in schools.
Debbie Cahill, Director of Government Relations, Nevada State Education Association (NSEA), testified that A.B. 398, was submitted by NSEA at the request of their affiliate, the Education Support Employees Association. She discussed the bill and clarified that it does not "speak to training, does not require that training of boiler operators be conducted by any specific group." Ms. Cahill noted that the Washoe County School District claimed they would support the bill, if the 2.5 million BTUs were raised to 3 million.
Floyd Mundt, Board of Directors/Maintenance, Nevada State Education Association, addressed the committee on A.B. 398. He showed photos of a boiler explosion that occurred at a lodge in Mammoth Lakes, California, last November.
Mr. Mundt informed the committee, "Several years ago the state required certification for boiler operators, and since there's no legislative mandate, they dropped that requirement...the training in my district for boiler operators has ceased to exist."
Mr. Mundt remarked that this bill will insure a high standard for training of boiler and pressure vessel operators. He cited the number of accidents nationwide, from a 1992 incident report (Exhibit C), and explained why boiler explosions are so catastrophic.
Senator O'Connell asked if the local school district has had this type of accident. Mr. Mundt replied there has not been an actual accident, only a few near misses. He pointed out that previous regulations required the boilers to be monitored, and explained that process.
Senator O'Connell wondered how boiler operators are currently hired. Mr. Mundt replied, "Basically, this would be head custodians who get this training." He said the school district has three boiler technicians who have "more than the qualifications required by this bill." Mr. Mundt added that when they hire a head custodian, there is no set standard for training, with regard to boiler equipment.
Senator O'Connell expressed concern about the lack of training in an area where there is such potential for danger.
Patrick McHenry, Maintenance Coordinator, Washoe County School District, addressed the committee and explained the Washoe County School District's boiler training program, required for all employees aspiring to advance to head custodian.
Mr. McHenry noted the differences between the Washoe and Clark County school districts, regarding size and mechanical situation.
He talked about the boiler equipment used in the Washoe County School District.
Mr. McHenry said that if the threshold were raised to 3 million BTUs, it would lessen the fiscal impact, and the Washoe County School District would then have no objections to A.B. 398.
Senator Nevin commented that the fiscal note would change if the BTU figure were raised. Mr. McHenry agreed, and explained why it would change.
Senator Lowden inquired about the fiscal note, whether it includes the exam itself and a salary increase for those who qualify.
Mr. McHenry responded that it would raise the salaries "...by two grades at least, in the northern counties, to compensate the individuals for having separate requirements in order to do their job." He projected the cost for training 56 employees, at 2.5 million BTUs, at $150 per employee. A state licensing fee will be approximately $50, according to Mr. McHenry, and an increase in the salary range at the middle and elementary schools will amount to about 40 employees at a cost of $3,300 annually, per employee.
Mr. McHenry further discussed the fiscal note.
In response to a question by Senator Lowden regarding boiler accidents, Mr. McHenry responded, "I have never actually seen a boiler explode...as far as close calls, I have seen the safety pop-off valve blow off, pop open, which it is supposed to do. And I have seen the safety devices on boilers work, but as far as the definition of close call, my definition may be different..."
Senator Lowden asked whether Mr. McHenry thought the licensing proposed in A.B. 398 is necessary for children's safety. Mr. McHenry responded that the safety of children is of the utmost importance, and mentioned the in-house training that his school district instituted 8 years ago. He described his background in boiler equipment, and said that he could not understand why other school districts do not have an in-house safety program.
Senator Lowden asked Mr. Mundt why Clark County does not have that type of program. He reiterated that the program was dropped when the state dropped its certification requirement several years ago.
Mr. Mundt commented that money for training was not generally available in the current economic climate. He added that he hoped, with the passing of A.B. 398, "we will have to start training. It will provide for a standardized level of knowledge of personnel operating boilers throughout the state." Mr. Mundt remarked that several other states have boiler operator licensing requirements.
Mr. Mundt explained the Clark County School District method of compensating and training boiler operators.
Senator McGinness asked about standards for boiler operators other than those employed in the school districts. Mr. Mundt replied, "This bill has been presented in the past with a requirement for everyone in the state, and it has failed miserably..."
Senator McGinness asked Mr. Mundt if he has "...tried to promulgate regulations locally with your own school district requiring certain levels of training for these people?" Mr. Mundt said there is currently a controversy in Clark County about whether "Servicemaster should come in and provide some training and supplies and equipment...they're looking at trying to do something to get training on for custodians that has not been available in the past...." He thought his school district would try in-house training before they try Servicemaster.
Senator McGinness expressed his thought that it is easier to get something changed at the local level, if something is found to have been done wrong.
Donna Lewis, Administrator, Division for Enforcement of Industrial Safety and Health (DEISH), addressed the committee. She said there are requirements for boiler operators under Nevada Revised Statutes (NRS) 618.290, and that NRS 618.298 specifies when attendants are required. Ms. Lewis discussed the history of legislation regarding boiler operator licensing. She outlined what the DEISH wants to see in regard to licensing.
Ms. Lewis said that the job of DEISH is to see that accidents do not occur. She stated that one of their most successful programs is the boiler inspection program, and elaborated on the training requirements for school safety.
There was general discussion on the testing for boiler operators.
Ms. Lewis stressed that the employer is ultimately responsible for workplace safety. She spoke about the efforts of DEISH to make training more accessible to school districts and other agencies, which have low budgets.
Mr. Mundt commented on the Washoe County School District training program. He warned that the training could be phased out should the administration change leadership. Mr. Mundt added that Clark County School District has allowed personnel from rural districts to participate in their training sessions.
Discussion ensued on whether the private schools have been notified of this legislation.
There was general discussion on the fiscal impact of A.B. 398 on school districts.
In response to a question by Senator Lowden regarding the relation of BTUs to the explosive capabilities, Mr. McHenry stated he thinks there is no relation. He explained boiler operations and their safety devices.
Ms. Lewis added to the discussion of safety measures for boilers. She said that in schools the DEISH is more concerned about malfunction in other types of equipment. Ms. Lewis stated she has worked for DEISH for 33 years and has never seen a boiler explosion in this state.
There was further discussion by Mr. Mundt on the projected costs to the Clark County School District for this licensing, and the safety devices for boilers. He said, "I beg to differ with Mr. McHenry about the amount of water in a boiler not having an effect on the size of the explosion." He explained how the amount of water impacts the explosion and what is necessary to prevent a catastrophe.
Mr. Mundt explained, "That's part of what this law...will institute, is that you go through and you do these things, that you have logs of what you've done to the boilers..."
Stan Warren, Lobbyist, Sierra Pacific Resources, testified regarding A.B. 398. He said, "...we have no objection to the bill, as it relates to the schools. Our boiler operators are trained, they're licensed, they're certified, and they go off to college a lot of times and these are the boilers that are used to make electricity...."
Mr. Warren commented, "As I say, again, the bill as I understand it, is intended for schools only. In reference to the bill being considered and defeated in 1985, 1987 and 1989, I think there's been some other times before that, and it was the breadth of the bill trying to get over into our area, where we have our own specialists. I just want to make those comments for the record, if you don't mind...."
Senator Lowden asked who licenses the Sierra Pacific Power Company boiler operators. Mr. Warren responded he did not have the exact information on that, but that it is not within the state. He added that it is because of the size, "...they're pretty good sized vessels."
There being no further business, Senator O'Connell closed the hearing, in the temporary absence of Chairman Townsend, at 10:47 a.m.
RESPECTFULLY SUBMITTED:
Sheri Asay,
Committee Secretary
APPROVED BY:
Senator Randolph J. Townsend, Chairman
DATE:
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Senate Committee on Commerce and Labor
June 15, 1993
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