SENATE Committee on Commerce and Labor
Seventy-First Session
March 14, 2001
The Senate Committee on Commerce and Laborwas called to order by Chairman Randolph J. Townsend, at 8:00 a.m., on Wednesday, March 14, 2001, in Room 2135 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Senator Randolph J. Townsend, Chairman
Senator Ann O’Connell, Vice Chairman
Senator Dean A. Rhoads
Senator Mark Amodei
Senator Raymond C. Shaffer
Senator Michael A. (Mike) Schneider
Senator Maggie Carlton
OTHER LEGISLATORS PRESENT:
Assemblywoman Debbie Smith, Washoe County Assembly District No. 30
STAFF MEMBERS PRESENT:
Scott Young, Committee Policy Analyst
Lydia Lee, Committee Secretary
OTHERS PRESENT:
Timothy Hay, Chief Deputy Attorney General, Bureau of Consumer Protection, Office of the Attorney General
Patricia Jarman-Manning, Commissioner, Consumer Affairs Division, Department of Business and Industry
Alan Darney, Northern Nevada Electrical Apprenticeship
Gene Munnings, Odyssey Business Services
Greg Smith, Lobbyist, Northern Nevada Operating Engineers Joint Apprenticeship Committee
Kelly DeRiemer, Interpreter
Danell Fanning, Vital Signs Sign Language Interpreter Referral Service
Barry Sewell, Concerned Citizen
Peggy Williams, Concerned Citizen
Gina Burnaugh, Concerned Citizen
Jermaine Clark-Miller, Concerned Citizen
Jack Mayes, Executive Director, Nevada Disability Advocacy and Law Center Incorporated
Laura Daviton, Concerned Citizen
Terry Pittman, Deaf Service Advocate, Northern Nevada Center for Independent Living
John Helzer, Assistant District Attorney, Criminal Division, Washoe County District Attorney’s Office
Beverly Kling-Hesse, Representative, Northern Nevada Center for Independent Living
Nancyann Leeder, Nevada Attorney for Injured Workers, Department of Business and Industry
Melody Smith, Interpreter, Concerned Citizen
David Daviton, Vice President, Nevada Association for the Deaf
Linda Bosworth, Concerned Citizen
Gloria Dopf, Educational Equity, Department of Education
Ann Drendel-Haas, Coordinator, Student Support Services, Carson City School District
Steve Williams, Lobbyist, Washoe County School District
Chairman Townsend opened the meeting and accepted testimony on Assembly Bill (A.B.) 151.
ASSEMBLY BILL 151: Revises provisions relating to solicitation by telephone. (BDR 52-486)
Timothy Hay, Chief Deputy Attorney General, Bureau of Consumer Protection, Office of the Attorney General, testified on the purpose of A.B. 151. He said it involved responsibilities between the attorney general’s office and the Consumer Affairs Division. He said he believed there was some ambiguity in the statute when the Bureau of Consumer Protection was created in 1997. Assembly Bill 151 clarifies that the attorney general’s role is to provide legal opinions and advice for the division and that the commissioner will determine whether a person is required to register pursuant to the provisions of the chapter as a telemarketer. The legal advice given would be relevant if the commissioner had questions on a particular person or company who had to register as a telemarketer.
Chairman Townsend asked Mr. Hay if he has had problems with this before. Mr. Hay answered he had not.
Patricia Jarman-Manning, Commissioner, Consumer Affairs Division, Department of Business and Industry, testified she had no qualms with the responsibilities in A.B. 151 officially being transferred to the Consumer Affairs Division. She explained she would always continue to seek the advice of the attorney general’s office.
Chairman Townsend closed the hearing on A.B. 151 and opened the hearing on Senate Bill (S.B.) 244.
SENATE BILL 244: Requires certain providers of health care to submit their credentials to verification organization. (BDR 54-974)
SENATOR O'CONNELL MOVED TO INDEFINITELY POSTPONE S.B. 244.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR SCHNEIDER WAS ABSENT FOR THE VOTE.)
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Chairman Townsend opened the hearing on A.B. 150.
ASSEMBLY BILL 150: Establishes deemed wage for certain trainees for purpose of industrial insurance. (BDR 53-1055)
Senator O’Connell explained A.B. 150 concerns individuals who are unemployed but are trainees. The reason behind A.B. 150 is to allow them some coverage of workers’ compensation while they are in the trainee program.
Alan Darney, Northern Nevada Electrical Apprenticeship, explained that currently the law allows the coverage of apprentices with state insurance. He sought to make allowances to cover journeymen as well. He explained that currently the individuals are covered with rates, as if they were working on a construction site. He said it costs about 10 times the amount to train an apprentice as opposed to a journeyman, yet they train side by side under the same conditions.
Senator O’Connell explained she did not believe there was any opposition to A.B. 150 on the Assembly side.
Gene Munnings, Odyssey Business Services, testified in favor of A.B. 150, stating his business represented several apprentice-based businesses that had interests in A.B. 150.
Chairman Townsend asked what specifically Odyssey Business Services does. Mr. Munnings replied they lease employees to small businesses.
Assemblywoman Debbie Smith, Washoe County Assembly District No. 30, testified she brought A.B. 150 forward on behalf of the apprenticeship community. She said it has important implications and has broad support. Assemblywoman Smith and Chairman Townsend discussed the ramifications of A.B. 150.
Greg Smith, Lobbyist, Northern Nevada Operating Engineers Joint Apprenticeship Committee, testified in favor of A.B. 150, and referred to a written statement prepared for the committee (Exhibit C).
Chairman Townsend closed the hearing on A.B. 150 and opened the hearing on S.B. 245.
SENATE BILL 245: Provides for regulation of interpreters for persons who are deaf or whose hearing is impaired. (BDR 54-231)
Kelly DeRiemer, Interpreter, testified on why S.B. 245 is so important. Ms. DeRiemer referred to her written testimony as she spoke (Exhibit D). She asked the committee to consider life as a deaf person experiences it everyday. She pointed out each aspect of life and how language is a critical part of each. She asked the committee to imagine depending on a tool like an interpreter for both giving and receiving communications. Ms. DeRiemer informed the committee that the minimum-skill standards asked for in S.B. 245 equate to 67 percent of message-content accuracy for both expressive and receptive abilities. She went into further detail about what kinds of interpreter qualifications pass as acceptable in Nevada, such as signed English, or a basic understanding of signing vocabulary. She pointed out that lawsuits against the state were a possibility if deaf people’s needs were not adequately met.
Chairman Townsend asked Ms. DeRiemer if she was aware of the fiscal challenges facing the committee. Ms. DeRiemer answered she had received that information the day before and she, along with several colleagues, were looking for solutions to the financial restrictions. Chairman Townsend explained to Ms. DeRiemer that she would have to decide what level of a license fee would be acceptable to her.
Danell Fanning, Vital Signs Sign Language Interpreter Referral Service, added she had been reviewing all the information given to her concerning this issue. She said she agreed with Ms. DeRiemer about the possibility of lawsuits against the state far outweighed any cost incurred by the creation of a board. She submitted her written testimony (Exhibit E) to the committee.
Chairman Townsend asked Ms. Fanning to elaborate on the problems that deaf people have faced because of inadequate interpreter qualifications and how they could lead to lawsuits. Ms. Fanning responded she wished to show a videotape of a deaf man in Wells, Barry Sewell, who would be discussing the school districts.
Barry Sewell, Concerned Citizen, testified as a representative of the deaf community via videotape and written statement (Exhibit F) on the importance of the interpreter licensure bill.
Ms. Fanning asked Chairman Townsend if she could read the testimony of another individual who could not attend the meeting while the video equipment was being set up for Mr. Sewell’s statement. Chairman Townsend consented.
Ms. Fanning read the written statement from Peggy Williams, Concerned Citizen:
My name is Peggy Williams. I support S.B. 245. I could not be here today so I am asking that my testimony be read for the record. Less than 5 years ago my aunt went to an emergency room with chest pains and 4 days later she left with a scar from neck to navel. She had experienced open-heart surgery without ever knowing what happened to her. She had to meet another deaf person who had the same operation to explain it to her a year later. She was embarrassed to tell her family what had happened. Recently, she went to another hospital and stayed 4 days with chest pains. When she left, the doctor gave her a note that read something like, “You have a bad heart. You need a new valve. Go home, tell your family, and come back or you will die.”
She never went back for fear that she would be forced into another surgery. Not once was she ever given an interpreter to help her understand all that had happened to her. She was given a medical leave of absence after she fainted several times at work. She went to a heart physician who prescribed Coumadin, without fully understanding she could not read the two and a half pages of drug requirements and reactions. She could not read, nor understand what it all meant. For her, it was just too many words. Two weeks later, she checked into another hospital with severe back pain. The triage nurse waited 2 hours before contacting an interpreter. By the time she was properly diagnosed by a physical therapist that had lived around a large deaf community, my aunt had almost bled to death through her liver. There was enough blood transfused into her to keep two grown men alive. My aunt was 4 feet 11 inches, and weighed 104 pounds. How did the physical therapist know her situation? She had an interpreter who understood her.
There was an interpreter with her and my family from the day she was admitted to that last hospital. She never woke from that second heart surgery. While on the table she suffered two massive strokes and several minor strokes. My aunt died a week later when her daughter, my cousin, made the decision to pull the plug. Rosie, her twin, and my mother, who is also deaf, knew that her sister would never have a life. She would never have sensory input, for how can a deaf person hear a TV or nurse talk to them? She was a prisoner of her body and language was forever taken from her. These interpreters were always the most qualified. My aunt knew every test and every (inaudible). She was aware of every risk and every gain. She made informed choices because she understood what was happening. She was so happy because she had interpreters to make a scary situation understandable. She was angry because it had not always been that way. Never question the cost of an interpreter. I will always believe that had an interpreter been provided by each hospital and doctor, she would have survived. My aunt paid with her life. Annabelle, I wish you could be here today.
Barry Sewell’s video testimony was played (Refer to Exhibit F.).
Gina Burnaugh, Concerned Citizen of the deaf community, testified via Ronald E. Obray, Interpreter, in favor of S.B. 245. She explained she had failed a class in the past because of the poor quality of the interpreter provided. Ms. Burnaugh said this interpreter would use signs not recognized in American Sign Language (ASL). Ms. Burnaugh said the interpreter would also translate directly what was spoken aloud, which is grammatically different from ASL, hence difficult to understand. She explained to the committee that certified ASL interpreters were crucial to the deaf community.
Chairman Townsend asked Ms. Burnaugh where she took this class. She responded she had taken that class at the Western Nevada Community College (WNCC). Chairman Townsend then asked if she had taken classes since that time and had additional problems. She responded she had taken more classes and had more problems since the interpreters provided were not ASL certified. She added that since that time, an ASL interpreter was provided for her other classes and she began to pass these classes because of the clearer communication.
Jermaine Clark-Miller, Concerned Citizen of the deaf community, testified via Mr. Obray on the struggles he has endured. He explained that after he attended Alcoholics Anonymous (AA) at length, which had an ASL interpreter staffed, he had gladly finished his community service as a teacher’s assistant. He said he moved to Nevada from Texas and was shocked when he discovered Carson High School did not use ASL as his old school had done. Mr. Clark-Miller said he dropped out of Carson High School because of the communication problems. He pointed out the local police department does not follow the law concerning deaf individuals. He explained the police are required to bring an interpreter if they plan to arrest a deaf person in order to explain his rights. He added they also do not provide the proper type of phone for deaf people to use while incarcerated. He gave a personal example of appearing in court. He said the interpreter provided signed in direct English, not ASL, and failed to clearly communicate the pleas of guilty and not guilty. Through this misunderstanding, Mr. Clark-Miller said he pleaded guilty to a charge he did not intend to and ended up in jail for 6 months. He told the committee he had been taken to the police station before this. No interpreter was provided then, and a detective took a DNA sample (Dioxyribonucleic Acid) from him without explaining the reason and without his consent. He said he had not been allowed to call his lawyer or anyone else due to the lack of the proper phone (known as a TDD [Telecommunication Device for the Deaf]). He urged the committee to pass this bill so better services will be provided for the deaf.
Senator O’Connell and Mr. Clark-Miller discussed the difference between ASL and direct-English signing.
Chairman Townsend asked Ms. Fanning about language in S.B. 245 that was unclear. Ms. Fanning answered some of the language had been taken from other states which had passed similar bills, and also standard language used within the profession to define the various modes of interpreting.
Jack Mayes, Executive Director, Nevada Disability Advocacy and Law Center Incorporated (NDALC), testified that S.B. 245 was a quality insurance issue. Mr. Mayes explained past problems with providing the court systems with properly trained interpreters in Washoe County. He said the NDALC was currently involved in litigation in Las Vegas related to the detention and prosecution of a deaf individual who was not given proper interpretation. He went into further detail on interpreter problems in schools.
Laura Daviton, Concerned Citizen, representative of the deaf community, testified via Mr. Obray in support of S.B. 245. She explained problems she too has faced as a deaf person in a hospital situation, which she articulated in a written statement (Exhibit G).
Terry Pittman, Deaf Service Advocate, Northern Nevada Center for Independent Living, testified on the lack of certified interpreters via Mr. Obray and a written statement distributed to the committee (Exhibit H).
Senator Townsend asked Ms. Fanning about licensing the interpreters. Ms. Fanning answered that when assigning a committee for licensing interpreters, which would include lawyers and councilors, the committee should also include deaf individuals, who could make an assessment of the people applying for licensure. Senator Townsend and Ms. Fanning discussed the language from S.B. 245 concerning the committee’s payment.
Senator Shaffer asked Ms. Fanning why communication through writing is not a viable solution between deaf and English-speaking people. Ms. Fanning replied the national deaf reading level is around the third and fourth grade levels. She said English is the deaf’s second language, and they are used to a visual language.
Senator Townsend asked Ms. Fanning if she knew what the protocol was for a legal stop or detainment of a deaf person. Ms. Fanning answered it depended on the kind of stop that was made, such as a traffic arrest, and so on. She said an interpreter must be provided for an arrest to preserve the individual’s civil rights. She explained, at present, the Reno Police Department and the Washoe County Sheriff’s Office do not have a standard policy or procedure. She said the federal mandate for interpreters is sometimes not followed by local governments because they feel removed from the distant federal government. Senator Townsend asked Ms. Fanning what the protocol is when a deaf individual signs a contract. Ms. Fanning responded the Americans with Disabilities Act of 1990 states that any services provided to the general public must be accessible to the deaf, meaning if a deaf person wants to buy a car, the dealership should provide an interpreter at no cost to the buyer.
John Helzer, Assistant District Attorney, Criminal Division, Washoe County District Attorney’s Office, testified in favor of S.B. 245.
Senator Townsend asked Mr. Helzer if there was someone available to the district attorney’s office that is proficient in interpreting legal and other complex matters to the deaf. Mr. Helzer answered there is nothing mandated or set in place, and if there is need for assistance, Mr. Helzer had always received it from Ms. DeRiemer. He said he was glad to come and support S.B. 245 at Ms. DeRiemer’s request.
Senator O’Connell asked what percentage of the population is deaf. Ms. DeRiemer answered the U.S. Bureau of the Census uses a formula of 2 percent per capita. She said in Northern Nevada there are between 200-250 identified deaf adults.
Beverly Kling-Hesse, Representative, Northern Nevada Center for Independent Living, testified on S.B. 245. She explained she was not deaf, nor can she sign, but her exposure at the independent living center gave her an idea what the deaf community goes through. She introduced Linda Bosworth, a concerned deaf citizen, and Ms. Kling-Hesse related Ms. Bosworth’s problems she had faced at the unemployment office.
Nancyann Leeder, Nevada Attorney for Injured Workers, Department of Business and Industry, testified on a case she had worked on in southern Nevada where it proved very difficult to find a qualified interpreter. She said S.B. 245 would develop a pool of interpreters that could be drawn upon, which would greatly assist in these problems.
Senator Townsend asked Ms. Leeder if there are people with legal or paralegal backgrounds with apt abilities at interpreting that could be contacted. Ms. Leeder answered she did not think there were any people who fit that description.
Senator Townsend stated he had to leave the hearing early. He expressed his interest and sympathy to the deaf community.
Melody Smith, Interpreter, Concerned Citizen, testified in favor of S.B. 245, and provided a written testimony for the committee (Exhibit I).
David Daviton, Vice President, Nevada Association for the Deaf, testified via Mr. Obray in support of S.B. 245. He said, as taxpayers, deaf individuals should have equal say in legislation along with the hearing community.
Linda Bosworth, Concerned Citizen, testified via Ms. Fanning in complete support of S.B. 245, relating to the committee the problems that occur when people sign English and not ASL to deaf individuals. She explained the communication problems she had experienced with personal doctors and hospital staff.
Ms. Fanning went on record with her personal testimony in support of S.B. 245. She asked the committee to consider the weight of their decision and how it would affect the deaf community and its interpreters. She gave examples of when an interpreter would be vital, such as childbirth, last rights, job termination, wedding vows, and so on.
Senator O’Connell and Ms. Fanning discussed the efforts to build a charter school for the deaf in Nevada.
Gloria Dopf, Educational Equity, Department of Education, testified in support of S.B. 245, stating quality is an excellent term to use in certifying and utilizing the interpreting field. She said the Nevada school districts are presently serving 473 hearing impaired and deaf children, equaling about 10 percent of special education children. She explained that due to the relative rarity of deaf children in the Nevada school system, a uniform system on how to teach them has not been established. Ms. Dopf asked the committee to consider the school systems and their fiscal needs when working to accommodate for these deaf children.
Ann Drendel-Haas, Coordinator, Student Support Services, Carson City School District, testified that 25 students in the Carson City district are hearing impaired, and 17 of those require interpreters. She said she was in full support of any legislation geared towards helping the deaf community. She suggested the school system be included in any board appointed due to its large employment of interpreters.
Steve Williams, Lobbyist, Washoe County School District, testified on his concerns regarding S.B. 245. He said the scarcity of certified interpreters was problematic for the school systems. He said there is also the cost, to the school district to employ interpreters, to consider. Mr. Williams said he endorsed any steps taken to aid the deaf community, however, these obstacles should be noted.
Vice Chairman O’Connell adjourned the meeting at 10:10 a.m.
RESPECTFULLY SUBMITTED:
Heather Miller,
Committee Secretary
APPROVED BY:
Senator Randolph J. Townsend, Chairman
DATE:
RESPECTFULLY SUBMITTED:
Lydia Lee,
Committee Secretary
APPROVED BY:
Senator Randolph J. Townsend, Chairman
DATE: