MINUTES OF THE
SENATE COMMITTEE ON HUMAN RESOURCES AND FACILITIES
Sixty-seventh Session
March 1, 1993
The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 1:30 p.m., on Monday, March 1, 1993, in Room 226 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator Raymond D. Rawson, Chairman
Senator William R. O'Donnell, Vice Chairman
Senator Randolph J. Townsend
Senator Joseph M. Neal, Jr.
Senator Bob Coffin
Senator Diana M. Glomb
Senator Lori L. Brown
GUEST LEGISLATORS PRESENT:
Senator Leonard V. Nevin
STAFF MEMBERS PRESENT:
Pepper Sturm, Research Division
Judy Alexander, Committee Secretary
Susan Henson, Committee Secretary
OTHERS PRESENT:
Darrell Rasner, Chief, Bureau of Health Protection Services, Nevada State Health
Mary Henderson, Washoe County
Jim Foreman, Clark County Public Response Office
John Pappageorge, Silver State Disposal, Reno Disposal
Carolyn Edwards, Clark County School District
Marcia Bandera, Elko County School District
Dr. Eugene Paslov, State Superintendent of Public Instruction
Richard Cristol, Glutamate Association
Denny Weddle, Restaurant Association
Chairman Rawson opened the meeting with introductions of four bill draft requests (BDRs).
BILL DRAFT REQUEST S-1086: Makes appropriation to Department of Education to establish school-based health centers.
SENATOR GLOMB MOVED TO INTRODUCE BDR S-1086.
SENATOR BROWN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR COFFIN WAS ABSENT FOR THE VOTE.)
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BILL DRAFT REQUEST 40-1090: Require Department of Human Resources to organize annual conference concerning improving quality of health care.
SENATOR TOWNSEND MOVED TO INTRODUCE BDR 40-1090
TO REFER TO THE SENATE COMMITTEE ON FINANCE.
SENATOR GLOMB SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR COFFIN WAS ABSENT FOR THE VOTE.)
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BILL DRAFT REQUEST 54-854: Allow pharmacies to share information regarding persons who may be misusing their prescriptions.
SENATOR GLOMB MOVED TO INTRODUCE BDR 54-854.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR COFFIN WAS ABSENT FOR THE VOTE.)
* * * * *
BILL DRAFT REQUEST 32-35: Exempt durable medical equipment and supplies from taxes on retail sales.
SENATOR TOWNSEND MOVED TO INTRODUCE BDR 32-35
SENATOR GLOMB SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman Rawson opened the hearing on SENATE BILL (S.B.) 61.
SENATE BILL 61: Eliminates privies and cesspools as acceptable method of sewage disposal.
Darrell Rasner, Chief, Bureau of Health Protection Services, Nevada Division of Health testified in support of S.B. 61 in his summary (Exhibit C). Mr. Rasner advised that cesspools and privies are no longer allowed by regulation on the individual sewage disposal system. This regulation applies only to motels, hotels, labor camps and children's camps. Most facilities are current with the uniform plumbing code and this is simply cleaning up the law. The regulations are for individual residences or dwellings that would only allow septic tanks. Sani-hut and porta-potty are acceptable for temporary situations.
Mary Henderson, Washoe County, offered some concerns for S.B. 61. She expressed concern that the bill allows the county to have local control of non-sewered toilets and the sani-hut facilities. She recommended minor wording changes: on line 12 to change and all, to and/or; on line 16 next to the wording disposal systems, add or non-sewered toilets; and on line 20 change and all to and/or.
Senator O'Donnell asked does this bill prohibit Sani-huts from construction sites?
Mary Henderson advised the local health department is concerned it would prohibit them.
Chairman Rawson closed the hearing on S.B. 61.
Chairman Rawson opened the hearing on Senate Bill 72.
SENATE BILL 72: Authorizes certain additional persons to enforce laws pertaining to illegal disposal of garbage.
Jim Forman, Clark County Public Response Office, testified in support of S.B. 72. He advised over 400 illegal dumping complaints were called into his Las Vegas office last year and they have resolved 30 percent of those complaints. He is asking for Nevada Revised Statute (NRS) 444.630 to be changed. He advised S.B. 72 is very well written and clearly defines the ownership of garbage and when it transfers. The second part of the statute has a civil penalty of up to $2,000 for every conviction. In the third part, upon conviction, half of that civil penalty can go back as a reward. Currently, as the statute is now, only a health officer, police officer or game warden can write a citation. Clark County is asking for expansion to let the local jurisdiction assign representatives who would respond in the field and actually issue the citations. Those representatives would be zoning inspectors, building inspectors and fire inspectors. He pointed out that this would not give any police powers, no arrest powers or gun- toting powers.
Chairman Rawson asked for an explanation of the process of serving a citation. Mr. Foreman replied when the representative witnesses a violation, they would write the citation and hand the citation to the violator. If they received a report of illegal dumping through a witness the complaint would go through the district attorney's office.
Mary Henderson, with Washoe County testified in support of S.B. 72. She advised the Development Review agency supports this bill as it would be a great benefit to those in the field.
John Pappageorge, representing Silver State Disposal and Reno Disposal, testified in support of S.B. 72 and advised both companies do support this type of legislation.
Chairman Rawson closed the hearing on S.B. 72.
Chairman Rawson opened the hearing on Senate Bill 149.
SENATE BILL 149: Requires commission on professional standards in education to adopt regulations setting forth educational requirements for endorsements for teachers.
Senator William R. O'Donnell, testified in support of S.B. 149 as sponsor of this bill. He informed the committee of his wife's experience while trying to get her certification for special education so she would be able to continue to teach in her field. She found it was very unclear as to what courses she needed to take or what courses would be applicable in her transcript towards that certification. He is putting forth this bill so it will provide some communication between the Clark County School District, the University of Nevada System, Nevada Department of Education and the Commission on Professional Standards. Facilitating communication as to what courses are necessary for an individual to take in order to get certified would be the purpose. The Professional Standards Board and the Department of Education requires a certain number of specific classes to be taken for certification. Often, the University of Nevada System does not offer each of the classes required. He would like a forum where all parties involved can come together and coordinate what is necessary for a teacher to become certified.
Carolyn Edwards, legislative representative for Clark County School District advised that there is a coalition that meets every Monday to discuss all issues that pertain to education. She advised the coalition had discussed the bill and are in support S.B. 149. They do recommend to amend the language for clarification and want communication among the four entities addressed. She pointed out that certification is strictly in the hands of the State Department of Education.
Marcia Bandera, Elko County School District, testified in support of S.B. 149. She recommended clarification in word usage on lines 10 through 16. She drew attention to the responsibilities of each entity as listed in the statute guidelines: the Commission on Professional Standards establishes policies for testing of potential applicants, reissuing of licenses and endorsement and special license requirements; the State Board of Education currently under the requirement to approve programs of study for beginning teachers; the University of Nevada System is responsible for providing the programs of study; the Department of Education is responsible for disseminating information to applicants and for interrupting guidelines, policies and regulations set by the state board and the commission on professional standards.
Dr. Eugene Paslov, State Superintendent of Instruction testified in support of S.B. 149 and concurred with Ms. Bandera's recommendation.
Chairman Rawson asked Senator O'Donnell to chair the subcommittee on this bill and advised he would like to schedule S.B. 149 in 1 week to 10 days if possible.
Chairman Rawson closed the hearing on S.B. 149 and advised they will wait for a subcommittee report.
Chairman Rawson opened the hearing on S.B. 179.
SENATE BILL 179: Prohibits sale of food containing monosodium glutamate at certain food establishments unless food is clearly marked to indicate that fact.
Senator Joseph M. Neal, Jr. testified in support of S.B. 179. He had been advised that monosodium glutamate (MSG) causes some illness, particularly in young children, causing them to become hyperactive, and causes other problems. He referenced a society in the state of Nevada that have organized against this product not being labeled. His intent and purpose is not to disallow the sale but to have food clearly marked that it contains monosodium glutamate.
Darrell Rasner, Chief, Bureau of Health Protection Services, Nevada State Health Division testified in opposition of S.B. 179 as referenced in his summary (Exhibit D). He advised the health division is not in support of monosodium glutamate but does not have the staff to enforce this provision. The Nevada State Health Division would have to monitor the restaurants to enforce labeling of menus and checking to see if MSG was in the kitchen.
Richard Cristol, Executive Director, The Glutamate Association testified in opposition of S.B. 179 as referenced in his summary (Exhibit E). Mr. Cristol provided a packet of information on monosodium glutamate (Exhibit F). (Exhibit F: Original is on file in the Research Library.) He stated he had asked the Department of Health if there had been any complaints over the last year and they advised him there had not been any complaints.
Senator Neal asked Mr. Cristol who are the companies that make MSG?
Mr. Cristol responded the ingredient is manufactured by approximately a dozen companies around the world. Currently there is no domestic production in the United States, all product is imported from South America, the Orient and Europe. There are many United States-based operations that use MSG. Spice Island and Baltimore Spice are two companies here in Nevada that use MSG to blend with flavorings.
Denny Weddle, representing the Nevada Restaurant Association and as Chairman of the Board, Las Vegas Chamber of Commerce testified in opposition to S.B. 179. He advised this regulation would place a hardship on a specific segment of business, restaurants and other food establishments requiring complex labeling and unclear responsibility between the subcontract of purchased items, marking, and on premises, prepared items.
Senator Coffin asked how restauranteurs protect themselves in a liability situation if a processed food that is purchased by the restauranteur is not properly labeled showing all ingredients such as MSG?
Mr. Cristol responded that since 1946 there has been a federal requirement that all processed foods carry on their label a statement on monosodium glutamate, if it is added to the food.
Senator Coffin asked if there are any longitudinal studies on the long-term effect of MSG on people who are using it, showing buildup, toxicity increases, etc?
Mr. Cristol stated there had been many studies in animals that can be extrapolated to humans. The National Academy of Science estimated in 1979 that 99.5 percent of our population consumed monosodium glutamate on a regular basis. His association and the Food and Drug Administration (FDA) do occasionally receive complaints. He noted there may be people who do have allergic reactions to MSG, but no one has been able to verify this in a pure clinical setting.
Mr. Weddle advised there should be informational materials available to anyone on anything they eat and they can ask the wait staff at the restaurant.
Senator Leonard V. Nevin, Washoe County, District 2 testified in opposition of S.B. 179. Baltimore Spice and Spice Islands are businesses in his district that would be affected unfavorably by this bill. This would cause a negative impact on these companies through costs from excessive labeling, print cost, and changeovers. He noted there are a lot of responsible restaurants who have printed in their menu's a statement saying no MSG and are posting signs with this information. He advised he would leave the restaurant if the information was not made available, if he had a medical problem with MSG.
Chairman Rawson advised Senator Neal this bill would be set back if he needed time to present written testimony for the record.
Chairman Rawson opened the Work Session and stated that S.B. 149 had been put into subcommittee.
Chairman Rawson advised on S.B. 72 he would accept a motion to do pass.
SENATOR NEAL MOVED TO DO PASS S.B. 72 AND PLACE IT ON THE CONSENT CALENDAR.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
SENATOR NEAL MOVED TO DO PASS S.B. 61.
SENATOR BROWN SECONDED THE MOTION.
Senator O'Donnell presented concern that the counties may be precluded from putting out Sani-hut type facilities and asked for an amendment for clarity in language.
Chairman Rawson asked Mr. Rasner if there was a specific issue that is a concern. Mr. Rasner advised this is simply cleanup language of old statutes that do not apply to a modern day practice of public health. He advised the portable sanitary units are not included in this bill. A private home is covered under NRS 444.650 which addresses individual dwellings or a single building.
Chairman Rawson asked Mr. Rasner to respond to the comments made by Washoe County. Mr. Rasner remarked that Mr. Carl Cahill, Director, Environmental Health Services, Washoe County, expressed concern this bill would disallow the use of porta-potties at special events. He stressed that is not the intent of this bill. His department allows porta-potties for special events and this is a standard practice in public health for short-term sewage needs for special events.
Chairman Rawson advised there was a withdrawal of the motion.
Chairman Rawson asked Senator Coffin to chair a subcommittee for S.B. 61.
Chairman Rawson asked Pepper Sturm, Research Analyst, to prepare a workshop sheet (Exhibit G) with potential amendments or discussion the committee has had on these bills. He asked Mr. Sturm to introduce S.B. 16.
SENATE BILL 16: Extends provision allowing interlocal agreements between police department of University of Nevada System and other law enforcement agencies to all counties.
SENATOR COFFIN MOVED TO DO PASS S.B. 16.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)
* * * * *
Mr. Sturm introduced S.B. 47.
SENATE BILL 47: Requires schools to conduct drills to instruct pupils on procedures in event of chemical explosion or other related emergency.
SENATOR TOWNSEND MOVED TO AMEND AND DO PASS S.B. 47.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)
* * * * *
Mr. Sturm introduced S.B. 65.
SENATE BILL 65: Allows pupil to apply credits received for certain courses of education completed at community college or university to total number of credits required for graduation from high school.
SENATOR TOWNSEND MOVED TO DO PASS S.B. 65 AND PLACE IT ON THE CONSENT CALENDAR
SENATOR BROWN SECONDED THE MOTION
THE MOTION CARRIED. (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)
* * * * *
Mr. Sturm introduced S.B. 66.
SENATE BILL 66: Changes date by which superintendent of public instruction must submit certificate to certain county clerks stating number and offices of trustees of county school district to be filled at next general election.
SENATOR TOWNSEND MOVED TO DO PASS S.B. 66 AND PLACE IT ON THE CONSENT CALENDAR.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)
* * * * *
Mr. Sturm introduced S.B. 67.
SENATE BILL 67: Changes grades during which examinations for achievement and proficiency must be given to pupils.
Chairman Rawson asked will this interfere or invalidate any of the statistics in the evaluation of class-size reduction?
Dr. Paslov advised this would not affect the study as long as it maintains the same vendor, the California Test of Basic Skills (CTBA). If vendors are changed, there would be difficulty in maintaining longitudinal data on the provision. The State Board of Education does not plan to change vendors at this time.
SENATOR TOWNSEND MOVED TO DO PASS S.B. 67 AND IT PLACE ON CONSENT CALENDAR.
SENATOR BROWN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)
* * * * *
Mr. Sturm introduced S.B 68.
SENATE BILL 68: Removes certain restrictions on transfer and reassignment of unlicensed educational employees.
Chairman Rawson advised that Senator Glomb was interested in this issue and with the permission of the committee, he would hold it for her to vote on it.
Mr. Sturm introduced S.B. 70.
SENATE BILL 70: Creates legislative committee on education.
SENATOR COFFIN MOVED TO INDEFINITELY POSTPONE S.B. 70.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson polled the committee if they would be inclined to vote no.
SENATOR COFFIN MOVED TO INDEFINITELY POSTPONE S.B. 68.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY. (SENATOR GLOMB WAS ABSENT FOR THE VOTE AND HAD EXPRESSED HER DESIRE TO VOTE NO TO CHAIRMAN RAWSON.)
* * * * *
There being no further business, Chairman Rawson adjourned the meeting at 3:10 p.m.
RESPECTFULLY SUBMITTED:
Judy Alexander,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE:
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Senate Committee on Human Resources and Facilities
March 1, 1993
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