MINUTES OF THE
SENATE COMMITTEE ON COMMERCE AND LABOR
Sixty-seventh Session
July 2, 1993
The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 12:10 p.m., on Friday, July 2, 1993, in Room 227 of the Legislative Building, Carson City, Nevada. There was no Meeting Agenda. There was no 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:
Senator Dina Titus
STAFF MEMBERS PRESENT:
Brian Davie, Senior Research Analyst
Sheri Asay, Committee Secretary
OTHERS PRESENT:
Harvey Whittemore, Lobbyist
Senator Townsend opened the meeting with a discussion of Assembly Bill (A.B.) 311.
ASSEMBLY BILL 311: Makes various changes relating to architecture.
Senator Brown noted the parties working on A.B. 311 had agreed to the changes made in the second reprint.
Senator Townsend stated that this is the Nevada State Board of Architecture's bill. He noted that the board, along with the interior designers, has been working on A.B. 311 for the past 4 years. Senator Townsend explained that this is a regular board bill which increases their fees from $500 to $800.
SENATOR NEVIN MOVED TO DO PASS A.B. 311.
SENATOR BROWN SECONDED THE MOTION
THE MOTION CARRIED. (SENATOR O'CONNELL ABSTAINED FROM THE VOTE.)
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Senator Townsend opened the hearing on Assembly Bill (A.B.) 474.
ASSEMBLY BILL 474: Requires industrial insurance for employee leasing companies.
Senator Townsend stated that A.B. 474 requires employee leasing companies to pay workers' compensation and unemployment insurance.
SENATOR BROWN MOVED TO DO PASS A.B. 474.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Assembly Bill (A.B.) 701 was introduced for discussion by Senator Townsend.
ASSEMBLY BILL 701: Prohibits employer from applying any tips or gratuities bestowed upon employee as credit toward payment of wages to any employee.
Senator Townsend stated that A.B. 701 is the "antithesis of the senate bill that had to do with tips" (S.B. 549). He said, "What they want to add here, is it would be unlawful for any employer to apply any tips or gratuities bestowed upon an employee as a credit toward the payment of any wages of any other employee."
SENATOR BROWN MOVED TO DO PASS A.B. 701.
There was further discussion on the meaning of A.B. 701. Senator Brown explained, "It makes it illegal, because sometimes they pool all the tips, to say 'well everybody got this much, so that goes toward their minimum wage.' "
Senator Townsend wondered, "...is this where you'd take the pooled wages and pay for someone on a different shift?"
Mr. Whittemore asked for time to review the bill before responding.
Senator Townsend temporarily postponed action on A.B. 701, and opened discussion of Senate Bill (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.
Senator Townsend explained that Amendment Nos. 992 and 1032 to S.B. 522 track what is recommended in the trailer bill. He stated that Amendment No. 1274 adds one component, "...the referral is made to a surgical hospital that permits extended overnight post-surgical care as licensed under 449, and is majority-owned by a publicly traded company that has a shareholder equity of more than $100 million."
Senator Townsend said, "When this committee voted, they voted on Amendment No. 1032, which is the one that has been constant...when we voted on that, it was taken to the front desk. Twenty-four hours later, the front desk notified me that they were applying 1274 [Amendment No. 1274], and putting it up because that was the latest one drafted."
Senator Townsend stated he had explained to the front desk that Amendment No. 1274 was not the one for which the committee had voted. He said that the front desk personnel informed him, "Our rules say that whatever was drafted has to be the last one put up."
Senator Townsend explained that the committee then removed Amendment No. 1274 from the front desk, and replaced it with Amendment No. 1032, which is the amendment for which they had actually voted.
Senator Brown said, "Thank you Mr. Chair. When I approached the front desk on this matter, rather than tell me they did this because it was drafted, they told me they did it because someone had phoned them and said that this committee had changed to that."
Senator Townsend responded that this was new information to him, and that all he knew was what the front desk personnel had said.
Senator O'Connell wondered how Amendment No. 1274 differs from Amendment No. 1032.
Senator Townsend replied, "The amendment that we voted on, which was the amendment that has been consistent throughout this issue, is different. He reiterated the change which deals with referral to surgical hospitals.
Senator Titus addressed the committee and said, "Thank you Mr. Chairman. We have worked very long and hard on this, and the amendment that I supported is the amendment that is in the trailer bill, so that this will be consistent with the SIIS (State Industrial Insurance System) provision." She noted that the assembly majority leader is supportive of that amendment.
Senator Titus remarked, "There has been a lot of confusion about the different amendments...I would suggest that now you have it before you, you make the policy decision, and I would urge you just to go with the amendment that is consistent with the SIIS bill and let this go on down the hall."
Senator Townsend explained, "The purpose of 522 [S.B. 522] was to take the SIIS self-referral language and expand it to health care. The amendment that ended up floating around and becoming confusing, had changed that policy. It added something to it...." Senator Townsend reiterated the front desk staff's claim that they "had to go with the last one ever drafted."
Senator Titus commented, "Well, I can understand that, because even in the drafting of the SIIS language, it went through a number of different versions, and the difficulty is in writing the exceptions to the self-referral prohibition...." She said the goal is to "keep it consistent with the SIIS language."
Senator Brown stated, in response to a question by Senator Shaffer, that the front desk personnel had told her "a female voice called to tell them that this committee had voted to go with that other amendment."
Discussion ensued on who might have made the call to the front desk.
Senator Titus asked, "Well, Mr. Chairman, if that amendment is appropriate, can we take it off the desk then, and go ahead with it at the next session on the floor."
Senator Townsend said he had no problem with that suggestion.
There was further discussion of the amendments to S.B. 522.
Senator Townsend stated, "...To answer the minority leader's question, someone from this committee will make the motion to remove that from the desk, place it in General File, and let it fly up or down."
Senator Titus expressed her appreciation, "...because I think it is important policy."
Referring back to A.B. 701, Mr. Whittemore stated that he would like time to compare both bills (A.B. 701 and S.B. 549), and report back to the committee.
Senator Townsend opened up the hearing on Assembly Bill (A.B.) 513.
ASSEMBLY BILL 513: Makes various changes relating to practice of physical therapy.
There was no action taken on A.B. 513.
There being no further business, Senator Townsend adjourned the meeting at 12:25 p.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
July 2, 1993
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