MINUTES OF THE
SENATE COMMITTEE ON COMMERCE AND LABOR
Sixty-seventh Session
June 30, 1993
The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:00 a.m., on Wednesday, June 30, 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:
Denise Pinnock, Committee Secretary
Brian Davie, Senior Research Analyst
Frank Krajewski, Senior Research Analyst
OTHERS PRESENT:
Bob Ostrovsky, Lobbyist, Nevada Resort Association
Kara Kelley, Lobbyist, Credit Reporting Association of Nevada
Stephanie Tyler, Lobbyist, Nevada State Board of Dental Examiners
Jim Wadhams, Lobbyist, Nevada Dental Association
Ande Engleman, Lobbyist, Nevada Press Association, Inc.
Terry Rankin, Commissioner of Insurance, Department of Insurance, State of Nevada
Colette Rausch, Deputy Attorney General, Consumer Affairs Division, Attorney General's Office, State of Nevada
Jack Vergiels, Lobbyist, Nevada association of Physical Therapists
Fred Hillerby, Lobbyist, Associated Pathologists Laboratories
Marsha Berkbigler, Lobbyist, Nevada State Medical Association
Senator Townsend called the meeting to order and welcomed former Governor Mike O'Callahan. The first item of business was Senate Bill (S.B.) 549.
SENATE BILL 549: Provides credit for tips against minimum wage.
Bob Ostrovsky, Lobbyist, Nevada Resort Association, stated:
I guess I was asleep at the switch here one day when this bill showed up. I want to make it very clear to this committee that this bill was not drafted by, supported by, or introduced by the Nevada Resort Association. Nor does the association support the bill at this time. I don't know how strongly to put on the record that the casino industry in general has taken an enormous amount of bad publicity over this particular bill for which we had no interest. It was introduced by others in this legislature, as they have the right to do. We didn't agree with this bill, nor did we take a position at the time of the first hearing because the bill kind of snuck up on us as a surprise. I just don't know how strongly I can indicate to you that we have no desire to take a tip credit on any of the wages paid to the employees or members of the association. I would strongly urge you to put this bill to an appropriate rest quickly.
SENATOR LOWDEN MOVED TO INDEFINITELY POSTPONE S.B. 549.
SENATOR BROWN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator Townsend closed the hearing on S.B. 549 and opened the hearing on S.B. 566.
SENATE BILL 566: Allows board of cosmetology to develop regulations for suitable clothing for practicing under their licensure.
SENATOR O'CONNELL MOVED TO DO PASS S.B. 566.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS BROWN, NEVIN, AND McGINNESS VOTED NO.)
* * * * *
Senator Townsend closed the hearing on S.B. 566 and opened the hearing on Assembly Bill (A.B.) 691.
ASSEMBLY BILL 691: Makes various changes relating to podiatric physicians.
SENATOR LOWDEN MOVED TO DO PASS A.B. 691.
SENATOR O'CONNELL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator Townsend closed the hearing on A.B. 691 and opened the hearing on A.B. 358.
ASSEMBLY BILL 358: Regulates reporting of consumer credit.
Senator Nevin reported there is a minor amendment. Kara Kelley, Lobbyist, Credit Reporting Association of Nevada, explained the amendment.
SENATOR NEVIN MOVED TO AMEND AND DO PASS A.B. 358.
SENATOR O'CONNELL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator Townsend closed the hearing on A.B. 358 and opened the hearing on S.B. 315.
SENATE BILL 315: Requires dentist to disclose information to patient concerning certain kinds of treatment.
Senator Shaffer explained he would use this bill as a vehicle to solve a problem the committee had learned of the previous Monday. Senator Shaffer said if a person is currently licensed as a dentist, but did not graduate from an American Dental Association (ADA) accredited school, he will be allowed to take the board examination in Nevada. If the dentist passes the examination he will be required to practice under the supervision of a licensed dentist for 1 year before being allowed to practice on his own.
Senator Nevin asked if the ADA had seen the amendment. Senator Shaffer explained the Board of Dental Examiners have expressed a desire to address the issue during the next legislative session.
Senator McGinness clarified the new licensee would be under the direct supervision of another dentist for 1 year.
Senator O'Connell wondered whether the board examinations had been compared nationally for consistency. She said California's examination is comparable to Nevada's, and asked why, if a dentist had passed both California's test and Nevada's test, he could not start independent practice immediately. Senator Shaffer stated the issue would then be addressed through reciprocity. He said the subcommittee had decided to allow the board to address the issue of reciprocity.
Stephanie Tyler, Lobbyist, Nevada State Board of Dental Examiners, explained the board planned on dealing with the whole issue of reciprocity during the next session. One of things the board plans to do is evaluate the regional tests for adaptability for Nevada.
Senator O'Connell questioned the reasoning behind making this one group of people "jump through hoops." She wondered why passing the test was not proof of competence.
Jim Wadhams, Lobbyist, Nevada Dental Association, answered, "One's experience and an unblemished record do not substitute for the educational curricula that has been evaluated as being sufficiently comprehensive to provide the base, and then the satisfaction of the test." He strongly urged the committee to not throw out the present policy.
Senator Nevin asked how the direct supervision would work. Ms. Tyler did not know, but stated it would be very closely stipulated.
Senator Brown asked why foreign schools are not accredited by the ADA. Mr. Wadhams said he is not aware of any policy to not accredit foreign schools. He supposed no foreign school had applied for accreditation.
SENATOR SHAFFER MOVED TO AMEND AND DO PASS S.B. 315.
SENATOR O'CONNELL SECONDED THE MOTION.
Senator McGinness asked if the board is in agreement. Senator Shaffer said if the board had been in agreement they would have addressed the problem long ago. He pointed out they are free to revisit the issue during the next legislative session.
Ms. Tyler said the board was not specifically aware of the amendment, and restated the board's intention of dealing with the issue of reciprocity in a full and complete manner next session.
THE MOTION CARRIED. (SENATORS NEVIN AND McGINNESS VOTED NO.)
* * * * *
Senator Townsend closed the hearing on S.B. 315 and opened the hearing on S.B. 537.
SENATE BILL 537: Authorizes refraction by and adds procedural disciplinary provisions for dispensing opticians.
Brian Davie, Senior Research Analyst, explained Amendment No. 954 to S.B. 537.
SENATOR BROWN MOVED TO AMEND AND DO PASS S.B. 537 WITH AMENDMENT NO. 954.
SENATOR SHAFFER SECONDED THE MOTION.
Senator Nevin read a note he had made in his bill book regarding language to be added about the open meeting law. Ande Engleman, Lobbyist, Nevada Press Association, Inc., said the language she had requested was about records being public following a disciplinary hearing.
SENATOR BROWN REVISED HER MOTION TO AMEND AND DO PASS S.B. 537 WITH AMENDMENT NO. 954 AND LANGUAGE REGARDING OPENNESS TO THE PUBLIC AND PRESS REGARDING COMPLAINTS AND DISCIPLINARY HEARINGS.
SENATOR SHAFFER SECONDED THE AMENDED MOTION.
THE MOTION FAILED. (SENATORS TOWNSEND, O'CONNELL, McGINNESS AND LOWDEN VOTED NO.)
* * * * *
Senator Townsend closed the hearing on S.B. 537 and opened the hearing on S.B. 410.
SENATE BILL 410: Creates commission on transportation.
SENATOR NEVIN MOVED TO INDEFINITELY POSTPONE S.B. 410.
SENATOR McGINNESS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator Townsend closed the hearing on S.B. 410 and opened the hearing on S.B. 451.
SENATE BILL 451: Establishes system for verifying that owners of motor vehicles maintain mandatory proof of financial responsibility.
SENATOR O'CONNELL MOVED TO INDEFINITELY POSTPONE S.B. 451.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator Townsend closed the hearing on S.B. 451 and opened the hearing on A.B. 776.
ASSEMBLY BILL 776: Abolishes department of insurance's regulatory account.
Terry Rankin, Commissioner of Insurance, Department of Insurance, State of Nevada, described the bill as a housekeeping measure to take care of a $6000 account that needs to go back to the General Fund. She said her department has no use for the special funds and they want to get rid of the accounting on it.
SENATOR McGINNESS MOVED TO DO PASS A.B. 776.
SENATOR BROWN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator Townsend closed the hearing on A.B. 776 and opened the hearing on A.B. 509.
ASSEMBLY BILL 509: Regulates solicitation of older persons.
Colette Rausch, Deputy Attorney General, Consumer Affairs Division, Attorney General's Office, State of Nevada, explained the bill addresses different areas including door-to-door contact with elderly persons and would include persons who are mentally disabled.
Senator Townsend asked if Ms. Rausch could use another bill which is similar to cover these issues. She said she could.
Senator Townsend closed the hearing on A.B. 509 and opened the hearing on S.B. 487.
SENATE BILL 487: Makes various changes relating to regulation of talent agencies.
Senator Brown introduced Amendment No. 1180 which would delete the time limit for how long it takes the agent to pay the talent, let the talent know what channels to use for redress, make sure prostitutes are not included, and take out the 50 percent cap.
SENATOR BROWN MOVED TO AMEND AND DO PASS S.B. 487 WITH AMENDMENT NO. 1180.
AS THERE WAS NO SECOND, THE MOTION FAILED.
* * * * *
Senator Townsend closed the hearing on S.B. 487 and opened the hearing on S.B. 522.
SENATE BILL 522: Prohibits certain providers of health care under specified circumstances from referring patient to health care facility in which provider of health care has financial interest.
Jack Vergiels, Lobbyist, Nevada Association of Physical Therapists,
explained Amendment No. 1231 is an amendment originally requested by Senator Townsend.
Fred Hillerby, Lobbyist, Associated Pathologists Laboratories, questioned the language in section G of the amendment. He stated it is replication of federal law.
Marsha Berkbigler, Lobbyist, Nevada State Medical Association, expressed concern about exemptions for group practices, but not exempting individual physicians. Ms. Berkbigler stated that situation is clearly exempted in federal law and should also be exempted in state law.
Mr. Vergiels testified that the bill drafter had been advised of the federal law and felt no need to repeat the clause in S.B. 522.
SENATOR SHAFFER MOVED TO AMEND AND DO PASS S.B. 522 WITH AMENDMENT NO. 1231 .
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION FAILED. (SENATORS O'CONNELL AND BROWN ABSTAINED, SENATORS McGINNESS AND LOWDEN VOTED NO.)
Senator Brown stated she wanted to abstain because she had not looked closely enough at the language, but did not want to see the measure fail because of her abstention. She recommended passing the bill out of committee with no recommendation.
SENATOR SHAFFER AMENDED HIS MOTION TO NO RECOMMENDATION.
SENATOR NEVIN WITHDREW HIS SECOND.
AS THERE WAS NO SECOND, THE MOTION FAILED.
* * * * *
Senator Townsend explained the committee would hold the bill until Senator Brown was more comfortable about voting on it. The chairman closed the hearing on S.B. 522 and opened the hearing on S.B. 523.
SENATE BILL 523: Makes various changes relating to homeopathic physicians.
Senator Shaffer asked Mr. Vergiels if he removed the section addressing insurance, which most of the committee had concerns over. Mr. Vergiels deferred to the chairman to answer the question. Senator Townsend explained Amendment No. 1275 deals with the issue of controlled substances and drugs which the Board of Pharmacy wants.
Senator O'Connell asked if the amendment mandates the commissioner of insurance do anything she is not already doing. Ms. Rankin said it does not. She explained the non-discriminatory policy. Ms. Rankin said it does not mandate any benefit that is not already being covered.
SENATOR SHAFFER MOVED TO AMEND AND DO PASS S.B. 523 WITH AMENDMENT NO. 1275.
AS THERE WAS NO SECOND, THE MOTION FAILED.
* * * * *
Senator Townsend closed the hearing on S.B. 523. There being no further business, the meeting was adjourned at 9:35 a.m.
RESPECTFULLY SUBMITTED:
Denise Pinnock,
Committee Secretary
APPROVED BY:
Senator Randolph J. Townsend, Chairman
DATE:
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Senate Committee on Commerce and Labor
June 30, 1993
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