MINUTES OF THE

      SENATE COMMITTEE ON COMMERCE AND LABOR

 

      Sixty-seventh Session

      June 29, 1993

 

 

 

The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 9:30 a.m., on Tuesday, June 29, 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:

 

Assemblyman Michael Schneider, Assembly District No. 42

 

STAFF MEMBERS PRESENT:

 

Beverly Willis, Committee Secretary

Brian Davie, Senior Research Analyst

 

 

OTHERS PRESENT:

 

Harvey Whittemore, Lobbyist, Nevada State Board of Medical Examiners and Capital Guardian Trust Company

Marsha Berkbigler, Lobbyist, Nevada State Medical Association

Sam McMullen, Lobbyist, Podiatric Medical Association

Bonnie Schultz, Lobbyist, Nevada Board of Cosmetology

David Thompson, Co-owner, A Little Off The Top Hair Salon

Tracey Hill, Co-owner, A Little Off The Top Hair Salon

John Sande, Lobbyist, Nevada Bankers Association

Teresa Rankin, Commissioner, Department of Insurance

 

 

Senator Townsend opened the meeting with Assembly Bill (A.B.) 746.

 

ASSEMBLY BILL 746:      Makes various changes relating to practice of medicine.

First to testify was Harvey Whittemore, Lobbyist, Nevada State Board of Medical Examiners.  Mr. Whittemore proceeded to explain the changes to this bill.  He noted that A.B. 746 would provide the means for applicants for Nevada licensure to take a standardized test.  Senator Nevin, Senator Lowden, Senator Brown and Mr. Whittemore discussed various reasons for some of the deletions in this legislation.  

 

Marsha Berkbigler, Lobbyist, Nevada State Medical Association, testified with more explanation on A.B. 746.

 

At this time, Senator Brown stated it is the intent of the committee that:

 

      Someone taking a student loan and not paying it back when they are able to, would be an intent to deceive.

 

      SENATOR LOWDEN MOVED TO AMEND AND DO PASS A.B. 746.

 

      SENATOR BROWN SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

      * * * * *

 

 

Sam McMullen, Lobbyist, Nevada State Podiatric Medical Association,

was next to testify.  Mr. McMullen was testifying on A.B. 691.

 

ASSEMBLY BILL 691:      Makes various changes relating to podiatric physicians. 

 

Mr. McMullen stated the purpose of A.B. 691 is to conform titles or designations that podiatrists use to conform with levels of education, skills and scope of practice within the law.  Mr. McMullen stated this legislation had been agreed to in the assembly. 

 

Ms. Berkbigler stated her organization supports this bill with the current language.  There was discussion regarding the difference in education for a podiatric physician as opposed to a physician.  Although a podiatric physician is able to diagnose various illness, they are only allowed to treat disease or issues related to the lower leg. 

 

Senator Lowden stated she was unfamiliar with the terminology and would need more backup and information before she felt able to vote on A.B. 691.

 

 

Senator Townsend closed the hearing on A.B. 691 and opened the hearing on A.B. 333.

 

ASSEMBLY BILL 333:      Revises restriction on appointment of certain corporations organized in other states to act as fiduciaries in this state.

 

Mr. Whittemore, Lobbyist, Capital Guardian Trust Company, came forward to testify on this legislation.  Mr. Whittemore stated the purpose of this bill is to allow reciprocity with other states in respect to fiduciaries.  This bill gives Nevada trust companies and corporations the opportunity of acting as such in other reciprocity states, as well as the reverse.  Mr. Whittemore went on to give further explanation.  Mr. Whittemore stated he does not believe there is any opposition to this bill. 

 

Senator O'Connell asked for further explanation.  Mr. Whittemore gave a detailed explanation. 

 

      SENATOR BROWN MOVED TO DO PASS A.B. 333.

 

      SENATOR NEVIN SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

 

      * * * * *

 

Senator Townsend closed the hearing on A.B. 333 and opened the hearing on Senate Bill (S.B.) 566.

 

SENATE BILL 566:  Prohibits practice of cosmetology or barbering without suitable clothing.

 

Senator Townsend called for proponents of S.B. 566.  Bonnie Schultz, Nevada Board of Cosmetology, was first to testify.  Ms. Schultz gave her views in support of this bill.

 

Next to testify was Assemblyman Michael Schneider, Assembly District No. 42.  Assemblyman Schneider stated the object of this  legislation is in his district and it has become a topic of great interest.  Senator Nevin asked if this situation could be handled with a regulation as opposed to a law.  Assemblyman Schneider stated there is no code in Clark County to regulate this. 

 

At this time, David Thompson, Co-owner, A Little Off The Top Hair Salon and Tracey Hill, Co-owner, A Little Off The Top Hair Salon, came forward to testify in opposition to S.B. 566.  Mr. Thompson stated although he and Ms. Hill had tried to obtain information about when this bill would be brought forth, they had very little success in this direction.  He went on to expand on his views.

 

Senator Townsend gave an explanation on how S.B. 566 had been initiated, stating it had been initiated by the Senate Committee on Commerce & Labor, noting there had been many calls from constituents in southern Nevada with concerns over the opening of this establishment.

 

Mr. Thomas stated there is information being circulated stating the hair salon is a topless hair salon.  Mr. Thomas noted they are not a topless hair salon and they meet all requirements by the city and county as far as adult usage. 

 

Senator O'Connell asked what type of hair salon was being proposed.  Mr. Thomas answered it was to be a lingerie hair salon, with the operators dressed in lingerie.  Mr. Thomas stated he feels a dress code is being unfairly imposed.  Addressing concerns expressed over safety issues, especially those concerns regarding chemical usage, Ms. Hill noted she had never had any problems in that line.  There was further discussion regarding the dress code, with Mr. Thomas noting the type of costume would be no different than any cocktail waitress in any hotel in Nevada is wearing at this time.  He said he feels it is discriminatory and unconstitutional.  Mr. Thomas and Ms. Hill went on with further discussion stating they feel their situation is being singled out.  Ms. Hill noted there are other hair salons in the country with exactly the same theme.

 

Senator Nevin asked if there was a county license.  Mr. Thomas answered no, since there is a petition being circulated against the opening of this salon.  Ms. Hill noted they had been inspected and approved by several agencies, but at the last minute the approval was denied.  Mr. Thomas stated he and Ms. Hill had offered to meet with those circulating the petition against the opening, but those circulating this petition had refused to meet or to talk with Mr. Thomas or Ms. Hill.

 

Senator McGinness asked where other salons of this nature are located.  Ms. Hill replied in Phoenix, Tucson, Chicago, Philadelphia and noted they have information there are two in Florida.  Ms. Hill went on to describe the design of the shop, stating it is situated in such a way that it would not be offensive to anyone. 

 

Senator Lowden, Mr. Thomas and Ms. Hill had further discussion regarding the problems associated with the opening of the salon.  Mr. Thomas and Ms. Hill noted they had hired a number of people, who are now out of work, since they are not able to open.

 

 

Senator Nevin stated he feels this is a county issue and feels it should remain there, as opposed to being a state issue.  Senator Townsend stated there would not be any action taken today.

 

Senator Townsend closed the hearing on S.B. 566 and opened discussion on A.B.  756. 

 

ASSEMBLY BILL 756:      Authorizes licensure of banks by commissioner of financial institutions to sell annuities.

 

Testifying were Mr. Whittemore, John Sande, Lobbyist, Nevada Bankers Association, and Teresa Rankin, Commissioner, Department of Insurance.  Mr. Whittemore presented an amendment for this legislation and gave an explanation of this amendment.

 

      SENATOR NEVIN MOVED TO AMEND AND DO PASS A.B. 756 WITH AMENDMENT NO.  1222.

 

      SENATOR LOWDEN SECONDED THE MOTION.

 

At this time, Senator Lowden had questions she wanted to be answered regarding staff.  Since this will put an added burden on the Department of Insurance, Senator Lowden wanted to know how this would be staffed. Ms. Rankin stated she feels the present staff would be adequate. Ms. Rankin did state, however, there would have to be a separate annuity license for personnel.  

 

Senator Townsend stated he wants a letter of intent.  He stated:

 

      The committee wants a letter of intent regarding how you are going to process these, so that 18 months from now you don't say I just haven't gotten around to them.  They need to be  processed in the same manner you would process any other applicant, whoever they may be and obviously, they have to meet all your criteria.   

 

Senator McGinness noted he still has concerns, stating he would have liked more regulation to make sure those selling annuities would make no banking transactions, just be doing annuities.  Ms. Rankin addressed these concerns, stating she would make note of his concerns in her letter of intent.  Senator Townsend noted his firm does represent a bank, but he feels that A.B. 756 needs to go to the floor for a determination, so a vote was taken at this time.

 

      THE MOTION CARRIED.  (SENATORS O'CONNELL, BROWN AND SHAFFER WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

Senator Townsend closed the meeting, stating another meeting could be called at any time, and suggested everyone be ready at the call of the chair.

 

The meeting was adjourned at 10:30 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 29, 1993

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