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Minutes of the Meeting of the Assembly Committee on Commerce and Labor

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Minutes of the Meeting of the Assembly Committee on Commerce and Labor MINUTES OF THE MEETING OF THE ASSEMBLY COMMITTEE ON COMMERCE AND LABOR Seventy-Eighth Session March 23, 2015 The Committee on Commerce and Labor was called to order by Chairman Randy Kirner at 12:13 p.m. on Monday, March 23, 2015, in Room 4100 of the Legislative Building, 401 South Carson Street, Carson City, Nevada. The meeting was videoconferenced to Room 4401 of the Grant Sawyer State Office Building, 555 East Washington Avenue, Las Vegas, Nevada. Copies of the minutes, including the Agenda (Exhibit A), the Attendance Roster (Exhibit B), and other substantive exhibits, are available and on file in the Research Library of the Legislative Counsel Bureau and on the Nevada Legislature's website at www.leg.state.nv.us/App/NELIS/REL/78th2015. In addition, copies of the audio or video of the meeting may be purchased, for personal use only, through the Legislative Counsel Bureau's Publications Office (email: [email protected]; telephone: 775-684-6835). COMMITTEE MEMBERS PRESENT: Assemblyman Randy Kirner, Chairman Assemblywoman Victoria Seaman, Vice Chair Assemblyman Paul Anderson Assemblywoman Irene Bustamante Adams Assemblywoman Maggie Carlton Assemblywoman Olivia Diaz Assemblyman John Ellison Assemblywoman Michele Fiore Assemblyman Ira Hansen Assemblywoman Marilyn K. Kirkpatrick Assemblywoman Dina Neal Assemblyman Erven T. Nelson Assemblyman James Ohrenschall Assemblyman P.K. O'Neill Assemblyman Stephen H. Silberkraus COMMITTEE MEMBERS ABSENT: None Minutes ID: 610 *CM610* Assembly Committee on Commerce and Labor March 23, 2015 Page 2 GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: Kelly Richard, Committee Policy Analyst Matt Mundy, Committee Counsel Leslie Danihel, Committee Manager Earlene Miller, Committee Secretary Olivia Lloyd, Committee Assistant OTHERS PRESENT: Gary Landry, Executive Director, State Board of Cosmetology Gwen Braimoh, Director of Instruction, Expertise Cosmetology Institute, Las Vegas, Nevada April Gonzales, Private Citizen, Carson City, Nevada Lu Suarez, Regional Campus President, Euphoria Institutes of Beauty Arts and Sciences, Las Vegas, Nevada Debbie Ritchey, Owner, Body Spa Salon, Las Vegas, Nevada Liberty Elmer, Director, Paul Mitchell The School, Las Vegas, Nevada Alexis Miller, representing Sunshine Health Freedom Foundation Diane Miller, Legal and Public Policy Director, National Health Freedom Action, and National Health Freedom Coalition, St. Paul, Minnesota Jim Jenks, Owner, Herbal Rose, Vitality, Washoe Valley, Nevada Hans Frischeisen, Private Citizen, Reno, Nevada Kym Maehl, Certified Clinical Hypnotherapist, Carson City, Nevada Nancy Epstein, Certified Hypnotherapist, Minden, Nevada Diane Mitchell, Private Citizen, Reno, Nevada Elisa P. Cafferata, President and Chief Executive Officer, Nevada Advocates for Planned Parenthood Affiliates Laura Rocha, Private Citizen, Minden, Nevada Glenn Hausenfluke, Private Citizen, Reno, Nevada Kelsey Kirkpatrick, Private Citizen, Reno, Nevada Mark Bauman, Private Citizen, Reno, Nevada Ron Maehl, Private Citizen, Carson City, Nevada Stacy Woodbury, Executive Director, Nevada State Medical Association Denise Selleck, Executive Director, Nevada Osteopathic Medical Association Keith Lee, representing Board of Medical Examiners Donald Jayne, representing Nevada Self-Insurers Association Daniel Schwartz, Attorney, Las Vegas, Nevada Assembly Committee on Commerce and Labor March 23, 2015 Page 3 Robert Ostrovsky, representing Employers Insurance Group Jason Mills, representing Nevada Justice Association Cory A. Santos, Attorney, The Law Firm of Joel A. Santos, Reno Nevada Craig Kidwell, representing Nevada Justice Association Jack Mallory, representing Southern Nevada Building and Construction Trades Council Andrei Razsadin, D.C., Private Citizen, Las Vegas, Nevada Doug Newson, Private Citizen, Las Vegas, Nevada Chairman Kirner: [The roll was taken. A quorum was present.] We will start with the work session. Assembly Bill 180: Revises provisions governing the biennial audit requirements for the Public Employees' Retirement System. (BDR 23-569) Kelly Richard, Committee Policy Analyst: Before the Committee for work session today is Assembly Bill 180. [Referred to work session document (Exhibit C).] We heard this bill in Committee on March 6, 2015. It requires the Public Employees’ Retirement Board to select an independent public accountant to perform audits of the Public Employees’ Retirement System through a request for proposal not less than once every four years. It also precludes the Board from considering a bid or proposal from the person who was selected in the immediately preceding cycle. Chairman Kirner: Is there any discussion? [There was none.] ASSEMBLYMAN O'NEILL MADE A MOTION TO DO PASS ASSEMBLY BILL 180. ASSEMBLYMAN SILBERKRAUS SECONDED THE MOTION. THE MOTION PASSED. (ASSEMBLYMEN PAUL ANDERSON, CARLTON, FIORE, AND KIRKPATRICK WERE ABSENT FOR THE VOTE.) We will move to Assembly Bill 246. We are limited in time and want to give equal time to the proponents and opponents. Assembly Committee on Commerce and Labor March 23, 2015 Page 4 Assembly Bill 246: Revises provisions governing cosmetology. (BDR 54-267) Assemblywoman Irene Bustamante Adams, Assembly District No. 42: I am presenting the bill with my colleague, Assemblywoman Olivia Diaz. We thank you for the opportunity to present this bill, which gives an overview of the changes to the practice of cosmetology. We both have an appreciation for the industry and have many constituents who participate in the profession. We are interested in making sure that this industry thrives in Nevada and that we stay competitive from a regional standpoint. Gary Landry of the State Board of Cosmetology will take you through the changes we are recommending you consider. The practice of cosmetology within the state of Nevada was written into the statutes in 1931 and has a long history of public safety, sustained growth, and excellence in performance of services. Many of the salons and licensees have won prestigious national awards, and Las Vegas is the home to the largest salon in the United States. The Board and its staff take great pride in the work they perform in protecting the public through testing, licensing, and inspection of nearly 26,000 active licensees. Assemblywoman Olivia Diaz, Assembly District No. 11: We have been working very closely with Mr. Landry and his team for the last year regarding the proposed changes to Nevada Revised Statutes (NRS) Chapter 644. The recommendations for changes have come about through a long process of meetings and active public involvement. A series of eight workshops by the Board's Law Review Subcommittee were publically noticed in accordance with Nevada's open meeting laws and were held with video conference capabilities connecting Carson City and Las Vegas for each meeting. A public hearing was conducted along with the Board meeting to approve the proposed changes with participants from both the north and the south. Once we received the final draft of the bill draft request, we held a town hall meeting from Carson City connecting to Las Vegas so we could receive additional feedback. Throughout this process, our focus has been to have the public engaged and aware of what we want to evolve in this industry. Gary Landry, Executive Director, State Board of Cosmetology: The first section deals with job creation. [Referred to topic index (Exhibit D) and topic index overview (Exhibit E).] We are asking to add a shampoo technologist license. It provides for a new license type with minimal training requirements. The shampoo technologist license will allow for students to work and earn a living while attending school. It is also a license that will provide an opportunity for single mothers, working mothers, and others who are looking for full-time or part-time careers with minimal investment. Assembly Committee on Commerce and Labor March 23, 2015 Page 5 The second job creation deals with an apprentice program. It adds the aesthetician's apprentice, nail technologist's apprentice, and hair designer's apprentice programs to the existing cosmetologist's apprentice and electrologist's apprentice programs. This will provide an opportunity, particularly in the rural areas of Nevada, for potential licensees to train with a licensed professional to remove the hardship of long-distance commuting or relocation near a cosmetology school for them to enter the profession. The third job creation aspect of the bill deals with the limited license. This is an existing license type for out-of-state licensees, and we would like to allow in-state licensees to apply for a limited license to practice limited cosmetology services outside of a cosmetology salon. It is now illegal for a licensed cosmetology professional to provide services for weddings, quinceañeras, proms, fairs, and festivals, which drives business to unlicensed individuals. This change will open up a vast opportunity currently unavailable to in-state licensees. [Continued to read from topic index overview (Exhibit E).] The fourth area of job creation deals with cosmetology schools. The first change is to reduce the education from 1,800 to 1,600 hours and remove the 5,000-square-foot and 25-student minimum requirements to be authorized by the Board to open a cosmetology school. It also removes the requirement for at least one instructor to be licensed in all branches of cosmetology and only requires that a cosmetology school have instructors licensed for the areas in which they practice and instruct. The reason for this
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