MINUTES OF THE
SENATE COMMITTEE ON COMMERCE AND LABOR
Sixty-seventh Session
June 18, 1993
The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:30 a.m., on Friday, June 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:
James A. Gibbons, Assemblyman, District No. 25
Bernie Anderson, Assemblyman, District No. 31
Bob Coffin, Senator, District No. 3
Earnest E. Adler, Capitol Senatorial District
STAFF MEMBERS PRESENT:
Beverly Willis, Committee Secretary
Brian Davie, Senior Research Analyst
Frank Krajewski, Senior Research Analyst
OTHERS PRESENT:
Patricia E. Raetz, Health Information Management Association
Jim Wadhams, Lobbyist, Nevada Hospital Association
Andrea "Ande" Engleman, Lobbyist, Nevada Press Association, Inc.
L. Michael Zinser, Nevada Press Association, Inc.
Fred Hillerby, Lobbyist, Nevada State Board of Pharmacy
Keith W. MacDonald, Executive Secretary, State Board of Pharmacy
Cam C. Walker, Las Vegas Valley Water District
Joe Guild, Lobbyist, Nevada Mobile Home Park Owners Association
Harvey Whittemore, Lobbyist, Nevada Resort Association
Robert Ostrovsky, Lobbyist, Nevada Resort Association
Teresa P. Rankin, Commissioner, Department of Insurance
Don Jayne, General Manager, State Industrial Insurance System (SIIS)
Scott Craigie, Chief of Staff, Governor's Office
The meeting was opened with testimony on Assembly Bill (A.B.) 459.
ASSEMBLY BILL 459: Makes various changes relating to health care records.
First to testify was James A. Gibbons, Assemblyman, District No. 25. Assemblyman Gibbons stated he feels this is a worthwhile piece of legislation. He introduced Patricia E. Raetz, Nevada Health Information Management Association. Ms. Raetz stated her association supports A.B. 459, so their new systems will be determined to meet state requirements and guidelines. Next to offer support for this bill was Jim Wadhams, Lobbyist, Nevada Hospital Association.
In answer to a question from Senator O'Connell regarding the length of time records are kept and whether patients would be notified if, in fact, they were going to be destroyed, Ms. Raetz stated that generally, any records are kept indefinitely. There was further discussion between Ms. Raetz, Mr. Wadhams, Senator Brown and Senator O'Connell regarding the length of time records are kept.
SENATOR NEVIN MOVED TO DO PASS A.B. 459.
SENATOR BROWN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS LOWDEN AND SHAFFER WERE ABSENT FOR THE VOTE.)
* * * * *
Next to testify were Andrea "Ande" Engleman, Lobbyist, Nevada Press Association, Inc. and L. Michael Zinser, Nevada Press Association, Inc. Ms. Engleman presented Exhibit C, Nevada Revised Statutes (NRS) 612.085, proposed language for Senate Bill (S.B.) 208 and Mr. Zinser's biography (Exhibit D). Ms. Engleman and Mr. Zinser testified on S.B. 208.
SENATE BILL 208: Revises provisions for determining status as independent contractor for purposes of unemployment compensation.
Ms. Engleman noted Mr. Zinser has made an analysis of the independent contractor statute and had some recommended language
for S.B. 208. Mr. Zinser went on to review this bill and give an explanation. There was discussion between Senator Townsend, Ms. Engleman and Mr. Zinser regarding these recommended changes.
SENATOR O'CONNELL MOVED TO AMEND AND DO PASS S.B. 208, DELETING FROM LINE 2 THROUGH LINE 15 OF THE PRESENT BILL AND REPLACING IT WITH LANGUAGE FROM NRS 612.085.
THE MOTION WAS SECONDED BY SENATOR McGINNESS.
THE MOTION CARRIED. (SENATORS LOWDEN AND SHAFFER WERE ABSENT FOR THE VOTE.)
* * * * *
Senator Townsend closed the hearing on S.B. 208 and opened the hearing on A.B. 262.
ASSEMBLY BILL 262: Makes various changes to provisions governing sale and dispensing of hypodermic devices and prophylactic products.
Fred Hillerby, Lobbyist, State Board of Pharmacy, introduced
Keith W. MacDonald, Executive Secretary, State Board of Pharmacy, who explained the reasons for this bill. Mr. MacDonald stated essentially this bill changes the requirements of the distribution, sale and permitting for hypodermic devices and prophylactics. There is also and explanation of those hypodermic devices that require a prescription and those that do not. Mr. Hillerby went on to explain A.B. 262.
Senator Townsend stated there were two requirements needed before the bill could be processed. First, Mr. Hillerby and Mr. Macdonald had to speak to Senator Neal before the bill went to the floor. Second, Senator Townsend requested of Mr. MacDonald that next session there should not be so many bills.
Mr. Hillerby stated for the record:
We only had four bills this year, a new record for us.
SENATOR BROWN MOVED TO AMEND AND DO PASS A.B. 262 WITH A CONFLICT RESOLVING AMENDMENT.
SENATOR O'CONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS LOWDEN AND NEVIN WERE ABSENT FOR THE VOTE.)
* * * * *
Senator Townsend closed the hearing on A.B. 262 and opened the hearing on S.B. 398.
SENATE BILL 398: Makes various changes to provisions relating to disposition of dead human bodies.
Senator Shaffer presented Exhibit E, Amendment No. 551 to S.B. 398. He then went on to give an explanation. This amendment consolidates several bills of a like nature into one.
SENATOR O'CONNELL MOVED TO DO PASS S.B. 398 WITH AMENDMENT NO. 551.
SENATOR SHAFFER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS LOWDEN AND BROWN WERE ABSENT FOR THE VOTE.)
* * * * *
The next item on the agenda was S.B. 532.
SENATE BILL 532: Allows conversion of master-metered water system in mobile home park or company town to individual water meters with approval of tenants or occupants of park or town.
First to testify regarding this bill was Cam C. Walker, Las Vegas Valley Water District. Mr. Walker stated he felt there might be problems with the bill as presented.
Joe Guild, Lobbyist, Nevada Mobile Home Park Owners Association, came forward to testify at this time. Senator Brown brought up the possibility of indefinitely postponing the bill. Mr. Guild stated he would rather not see this happen. He then stated his reasons.
Senator O'Connell and Mr. Guild discussed the reasons for this bill and the possibility of some sort of rent increase if S.B. 532 was passed. Mr. Guild gave some history behind the purpose of this legislation.
Senator Townsend closed the hearing on S.B. 532 and opened the hearing on S.B. 400.
SENATE BILL 400: Prohibits certain activities near overhead line carrying high voltage.
Senator Townsend gave an explanation of the changes in S.B. 400.
SENATOR O'CONNELL MOVED TO NOT CONCUR WITH AMENDMENT NO. 709 TO S.B. 400.
SENATOR McGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR LOWDEN WAS ABSENT FOR THE VOTE.)
* * * * *
Senator Townsend closed the hearing on S.B. 400 and opened the hearing on S.B. 484.
SENATE BILL 484: Provides additional civil penalty for violations of certain unlawful trade practices which are directed toward elderly or disabled persons.
SENATOR NEVIN MOVED TO AMEND AND DO PASS S.B. 484 WITH AMENDMENT NO. 856.
SENATOR O'CONNELL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator Townsend closed the hearing on S.B. 484 and opened the hearing on A.B. 722.
ASSEMBLY BILL 722: Makes various changes relating to pawnbrokers and secondhand dealers.
There was an involved discussion between Senator Townsend, Senator O'Connell, Senator Nevin and Harvey Whittemore, Lobbyist, Nevada Resort Association, regarding the various reasons and the best way to handle this bill. Senator Townsend noted an amendment is still needed.
SENATOR NEVIN MOVED TO AMEND AND DO PASS A.B. 722.
SENATOR SHAFFER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR LOWDEN WAS ABSENT FOR THE VOTE.)
Senator Townsend closed the hearing on A.B. 722 and opened the hearing on S.B. 316.
SENATE BILL 316: Makes various changes to provisions governing industrial insurance.
Senator Townsend opened the hearing on S.B. 316 by presenting Exhibit F, FY94 Fiscal Impact Analysis of S.B. 316. Senator Townsend pointed out savings figures noted in this exhibit. Senator Townsend asked Frank Krajewski, Senior Research Analyst, to give a figure of savings expected in the next fiscal year. Mr. Krajewski replied he estimates it would be approximately $314,000. Senator Townsend then presented Exhibit G, a Summary of Major Changes from S.B. 316 (first reprint) to S.B. 316 (second reprint). Senator Townsend proceeded with an explanation of Exhibit G. There was a discussion between Senator Nevin and Robert Ostrovsky, Lobbyist, Nevada Resort Association. Senator Nevin, Senator Shaffer and Senator Earnest E. Adler, Capitol Senatorial District, noted various concerns and discussed solutions on vocational rehabilitation, in particular. In answer to queries by Senator Brown, Mr. Whittemore, referring to section 21.45, stated for the record:
It is our reading of this section, that if the insurer decides to develop a program for 3 years, or 4 years, or 5 years, they can do so. That's the insurer's determination.
There was further discussion between Senator O'Connell and Mr. Whittemore regarding vocational rehabilitation.
Senator Townsend went on to address the mediation process. Mr. Ostrovsky addressed concerns voiced by Senator Nevin regarding, some time requirements that had been changed in the appeals and hearing process. Senator Nevin went on to state he felt changes made by the assembly and approved by the Governor were inappropriate.
The next item to be addressed in Exhibit G dealt with the employer deductible. Senator Townsend reviewed these changes and noted some technical changes.
At this time, changes regarding a managed care organization (MCO) were dealt with. Senator McGinness stated his concerns with portions of this section. Teresa P. Rankin, Commissioner, Department of Insurance and Mr. Whittemore, discussed and gave an explanation of these concerns.
Senator O'Connell noted Mr. Whittemore had stated what needed to be handled would be taken care when the regulations are addressed in the hearing process. Senator O'Connell went on to voice concerns regarding the bid process, noting she wanted to be absolutely sure an open bid process would be followed. She went on to state her concern encompassed any regulations, anything at all, that would be subject to public scrutiny.
Don Jayne, General Manager, State Industrial Insurance System (SIIS), came forward to answer questions put to him by Senator O'Connell. Mr. Jayne stated as long as the underlying law for the bid and hearing process when regulation hearings is followed, those would be conducted in an open forum of which the public would be aware. Senator O'Connell went on to give an explanation of her perception of an open hearing, in an answer to a query by Mr. Jayne as to what was her inference of systems all under an open hearing. She stated that anything that is going to take place with putting S.B. 316 into place, will take place where the public has the opportunity to hear what is going on. When anyone is receiving managed care bids, etc., it must be done in the open where the public has opportunity for input and to understand what is happening. Mr. Jayne reiterated so long as regulations are followed for the bid process, it should be open to the public and public record.
Senator Townsend went on to review other aspects and changes. In answer to a question from Senator O'Connell, Senator Townsend explained the reasons and cost of increased widow's benefits.
Next to testify was Scott Craigie, Chief of Staff, Governor's Office, who answered various questions posed by Senator Brown. Mr. Craigie went on to state:
Assuming that it's (S.B. 316) concurred on the senate floor today and assuming we get the bill quickly enough, the Governor will probably to sign it today. We've set a time at 3:00 p.m. If it happens that it doesn't get concurred on down there, or whatever, then we'll postpone it to another day, but I want to let everyone here know, you have all done yeoman's work on this. We'd like to invite anyone that wants to be there to be there.
Senator Brown inquired about the voting process stating:
If I understand the procedure right, we make our vote to concur or not to concur today not knowing what the technical trailer bill is going to look like.
Senator Townsend replied "yes." Senator Townsend noted that very shortly he would be suspending the rules and hold a hearing the next day, so that everyone could participate in an open format on the technical trailer bill.
There were several concerns voiced by Senators Brown and Nevin regarding this procedure, as well as Senator Townsend.
SENATOR SHAFFER MOVED TO CONCUR WITH ASSEMBLY AMENDMENT NO. 294 TO S.B. 316.
SENATOR NEVIN SECONDED THE MOTION.
There was discussion between Senators O'Connell and Brown who noted they would be more comfortable if they could concur with a contingency on the trailer bill to S.B. 316. Senator Nevin and Senator Townsend voiced concerns, as well.
Senator O'Connell asked Mr. Craigie:
Scott, we're talking on the motion to concur with this amendment. I'd like some level of comfort that the concerns we've raised, and I know you have not been here to hear them, but I don't think this committee feels solidly that the promise that was made to us initially was kept, as far as standing behind some of the things that we passed out of here. I would like and I don't even know how to put this on the record, but that we are going to have the support, let me phrase it this way. Since S.B. 316 went out of here pretty much in agreement with the committee and we thought with the Governor's Office, that we are going to have the Governor's support and getting back into this bill the areas that we have concern about.
Mr. Craigie noted it would be difficult for him to make a blanket statement since he was not aware of all areas of concern. He went on to state in conversation with Senator Townsend, the senator felt there were some areas (the Governor's Office) that were not carried out as much of a commitment as he (Senator Townsend) thought should have been on some issues.
Senator O'Connell went on to inquire regarding support for any other disagreements.
Senator Nevin stated to Mr. Craigie:
Scott, I think the general feeling of the committee is they would like to hold this and see the trailer bill come out before we vote on this. This is my feeling, just to be sure everything is played up front.
Senator Shaffer stated he felt the spirit of compromise should be continued and make a strong effort to move this out. Mr. Craigie went on to state he felt it could do more harm than good not to concur. He felt there was a genuine commitment to do a technical trailer bill.
Senator Townsend then called for the vote on the motion to concur.
THE MOTION CARRIED. (SENATOR LOWDEN WAS ABSENT FOR THE VOTE.)
* * * * *
SENATOR NEVIN MOVED TO SUSPEND THE RULE ON NOTICE OF MEETINGS FOR THIS COMMITTEE FOR THE REMAINDER OF THE LEGISLATIVE PROCESS.
SENATOR O'CONNELL SECONDED THE MOTION.
Senator Townsend then noted:
It would be my intention to meet in this room tomorrow morning at 8:30 to start the technical discussion. I believe we're on the floor tomorrow morning at 10:30, or so; that way we can get started on this process. We would hold those technical discussions in an open forum. We would ask that our colleagues from the assembly join us.
THE MOTION CARRIED UNANIMOUSLY. (SENATOR LOWDEN WAS ABSENT FOR THE VOTE.)
There being no further business the meeting was adjourned at
11:30 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
June 18, 1993
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