MINUTES OF THE
SENATE COMMITTEE ON HUMAN RESOURCES AND FACILITIES
Sixty-seventh Session
June 25, 1993
The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 3:20 p.m., on Friday, June 25, 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:
Assemblyman Richard D. Perkins, Clark County, District No. 23
Assemblyman Lynn C. Hettrick, Douglas County/Carson City, District No. 39
Assemblyman Robert M. Sader, Washoe County, District No. 32
Assemblywoman Vonne S. Chowning, Clark County, District No. 28
Assemblywoman Christina R. Giunchigliani, Clark County, District No. 9
STAFF MEMBERS PRESENT:
Pepper Sturm, Research Analyst
Susan Henson, Committee Secretary
OTHERS PRESENT:
Dorothy North, Chairman, Commission on Substance Abuse, Education, Prevention, Enforcement and Treatment
Theodore J. Manos, Esq., Representative and Member, Nevada Trial Lawyers Association (NTLA), and Nevada Attorneys for Criminal Justice (NACJ)
Christine Leyrer, Legislative Intern, Student, Western Nevada Community College
Dr. Eugene Paslov, State Superintendent of Public Instruction
Debbie Cahill, Lobbyist, Nevada State Education Association (NSEA)
Carolyne Edwards, Lobbyist, Clark County School District
Dr. Roger Simon, Executive Director, Suicide Prevention and Crisis Call Center
Barbara Segaski, Concerned Parent
Jeanne Simmons, Concerned Parent
Janine Hansen, Lobbyist, State President, Nevada Eagle Forum
Bill Welch, Lobbyist, Executive Director, Nevada Rural Hospital Project
Fred Hillerby, Lobbyist, Nevada State Board of Pharmacy
Helen Foley, Lobbyist, Nevada Nurses Association
Chairman Rawson opened the hearing on Assembly Bill (A.B.) 578.
ASSEMBLY BILL 578: Requires state board of education to establish course of study in adult roles and responsibilities. (BDR 34-1210)
Assemblyman Richard D. Perkins, Clark County, District No. 23, testified A.B. 578 is similar to a bill introduced by Senator Brown, but smaller in scope.
Chairman Rawson questioned the mandated language in the bill, "The state board shall, by regulation," an area of concern which led to difficulties with the other bill. He remarked that if this bill is passed out of committee, similar concerns could feasibly arise.
Assemblyman Perkins stated he feels this is critical language in the bill. He explained there are districts currently using the concepts set out in the bill, but without a mandate some students will fall through the cracks, particularly the at-risk youths, predominately in the inner cities. The assembly amendments to the bill have incorporated flexibility to allow the districts to integrate the curriculum in the various school systems.
Chairman Rawson asked if this course of study is currently being taught anywhere? In reply to the chairman's question, Assemblyman Perkins stated that although the concepts are being used by some of the districts, he was not able to give the committee a percentage figure.
Chairman Rawson reiterated his concern about mandating new programs into existing programs for those students already struggling to finish their graduation requirements. In addition, it raises the question of the legislature forcing things upon the counties, with a cost attached.
In response to the chairman's interest, Assemblyman Perkins stated he understands the concern, but feels with the bill's flexibility, there will not be a need to hire additional instructors for the classes, as the courses can be integrated into the current curriculum. The goal has been to make the bill as cost effective as possible, and to treat the problem on the front end to avert costs on the back end.
Senator Brown asked if there had been any testimony in the assembly from the smaller counties stating they did not have instructors to teach the courses. Assemblyman Perkins replied he could not recall any testimony to that effect.
Chairman Rawson suspended the hearing on A.B. 578, and opened the hearing on A.B. 686.
ASSEMBLY BILL 686: Requires training of lifeguards and authorizes competency testing during employment. (BDR 40-1647)
Assemblyman Lynn C. Hettrick, Douglas County/Carson City, District No. 39, testified A.B. 686 merely puts into statute that lifeguards have to be tested and receive a proper course, equivalent to the Red Cross course. The real crux of the issue is whether or not the license has to be available for inspection. Mr. Hettrick explained a problem arose at a rural county pool with some lifeguards, as their licenses were not available for inspection. After a couple of requests for the licenses, it was determined they were not licensed. The bill mandates the licenses must be available for inspection in some fashion. The other facet of the bill allows the employer to test the lifeguard for competency during the term of employment.
SENATOR NEAL MOVED TO DO PASS A.B. 686.
SENATOR GLOMB SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS O'DONNELL, TOWNSEND AND COFFIN WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson opened the hearing on A.B. 463.
ASSEMBLY BILL 463: Revises provisions governing participation of criminal defendants in programs for treatment of alcohol or drug abuse. (BDR 40-1809)
Assemblyman Robert M. Sader, Washoe County, District No. 32, testified A.B. 463 is a combination of two bills, developed from the recommendations of the Nevada Drug Commission, chaired by Dorothy North. Both bills deal with the concept of providing an opportunity to divert drug offenders into treatment programs, giving them the chance to treat the reason they committed crimes, rather than prosecuting them and sending them to prison. Currently, in Mr. Sader's opinion, far too many people are sent to prison for first time offenses with little effort made to deal with their drug problem. Statistics indicate offenders will repeat their crime unless their drug problem is dealt with, and sending them to prison is not in the best interest of the public. Statistics also show that by treating drug dependency, upwards of 80 percent will not offend again with serious crimes.
Assemblyman Sader explained currently there is a program for a certain category of drug offender whereby the offender can enter into negotiations with the prosecutor and, with the approval of the judge, be enrolled into a treatment program. If the drug offender satisfies the terms of the program, the conviction is never entered and he is released. A.B. 463 expands that program, essentially permitting people who are being convicted of selling, as well as possessing, to be allowed in the program, and it further specifies the kind of drug treatment program that has to be incorporated in order to satisfy the terms of the statute. This bill essentially meets the criteria of the drug court now operating in Clark County, which is seen as a model and needs to be expanded.
Dorothy North, Chairman, Commission on Substance Abuse, Education, Prevention, Enforcement and Treatment, testified A.B. 463 is the culmination of 4 years of negotiations to divert individuals out of the prison system, and out of the front end so they do not have to be seen in a criminal justice system again. Ms. North pointed out she has worked as a treatment provider for 20 years, and noted it is much easier to deal with the individuals at the front end, on the first offense, than after they have served time in the criminal justice system. She emphasized this bill could potentially save the state money, as the fewer people the state incarcerates the less the taxpayers have to pay to support those in the criminal justice system.
Ms. North commented the state is in line with what is becoming a national trend and urged passage of A.B. 463.
In closing, Assemblyman Sader remarked that over 80 percent of the defendants incarcerated in the Nevada State Prison System are either drug or alcohol dependent. He advised the committee this bill was very controversial on the assembly side. However, after discussions and compromises, what is before the senate is a version agreed upon between the prosecutors, defense attorneys and the law enforcement agencies.
Chairman Rawson discussed the experimental aversion therapy programs currently being developed in southern Nevada, modeled after California programs. First time offenders go into a coroner's office or trauma center. Negative input seems to be coming from the coroner's office and trauma centers, who fear liability. The chairman wondered if Assemblyman Sader would be concerned if the committee added such a provision to A.B. 463.
In response to the chairman's question, Assemblyman Sader stated he supports the concept, but does not know the general feeling of those involved with the bill. Chairman Rawson pointed out there is another bill encompassing this theory, which should come before the assembly shortly, and asked Assemblyman Sader to watch for it and perhaps keep the concept alive.
Senator Glomb stated she sees the bill as a cost saving measure for Nevada, applauded Assemblyman Sader for his efforts, and voiced her support of A.B. 463.
Theodore J. Manos, Esq., Representative and Member, Nevada Trial Lawyers Association (NTLA) and Nevada Attorneys for Criminal Justice (NACJ), testified in favor of the measure, acknowledging the bill as a money and time saver for the Nevada court system. He advised the committee that James J. Jackson, Esq. of the Nevada State Public Defender's Office, previously present in the room, but called to another hearing, urged support of A.B. 463.
There being no opposition to this bill, the chairman closed the hearing on A.B. 463.
SENATOR GLOMB MOVED TO DO PASS A.B. 463.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TOWNSEND WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson opened the hearing on A.B. 584.
ASSEMBLY BILL 584: Requires state board of education to establish program of instruction in prevention of suicide. (BDR 34-1966)
Vonne S. Chowning, Clark County, District No. 28, testified she is a victim of somebody committing suicide in her life, and expressed the gravity of the problem. She introduced Christine Leyrer, her legislative intern, and currently a student at Western Nevada Community College. Ms. Chowning remarked that this bill belongs to Ms. Leyrer. While researching this issue, it was learned the state of California spent $900,000 on the subject because of the alarming rise in teenage suicide. As a result of California's 3 year project, which consists of a 5 hour class, there have been direct positive results. Of 420 students who were sampled, 92 reported, as a result of the program, they have been able to prevent 179 suicides or suicide attempts.
Ms. Chowning briefly outlined the suicidal warning signs, changing in eating or sleeping habits, acting out behavior or withdrawing, accident proneness, no sense of future, no sense of humor, talking about death or suicide, recent loss of a loved one, substance abuse, or running away from home and depression. She testified the purpose of the program is to provide the student with coping skills and knowledge to recognize the warning signs. Ms. Chowning explained the class is a 5 hour program, but wished to stress her bill does not mandate this or any particular program, but merely lends credence and says the state of Nevada agrees with the program.
Christine Leyrer, Legislative Intern for Assemblywoman Chowning and student, Western Nevada Community College, read from her prepared statement (Exhibit C) and urged support of A.B. 584.
Senator Coffin called attention to the fact that many bills have come before them asking that additional programs be added to the school curriculum. He wanted Ms. Leyrer to understand he feels this is a worthy topic, but expressed his concern because of the mandate. The senator asked Assemblywoman Chowning about the program structure.
In response to Senator Coffin's question, Assemblywoman Chowning explained that before a student graduates from high school, they will have some instruction on this subject. She stated the number of hours or days is not mandated, nor does the bill state which class would provide the instruction. This would be left up to the state department and the school districts to coordinate.
Chairman Rawson reiterated there are two issues of concern, and if those can be addressed, perhaps the committee could process the bill in a positive fashion. The language in the bill indicates the program shall be mandated. The chairman pointed out 35 percent of the students are failing, as they cannot get all their requirements in prior to graduation. He asked Assemblywoman Chowning if she could suggest language to make the bill more permissive.
Assemblywoman Chowning asserted the State Board of Education has indicated there are programs already in existence, and passage of this bill with the mandated language will make the program a constant. Chairman Rawson suggested the following language, "The state board shall organize existing instruction . . . regarding . . . suicide into a coherent plan," which might eliminate the fiscal note. The chairman also wanted to make note that there are parents who feel discussions about suicide may create the idea, and consequently some may die because of the discussions.
In response to the chairman's statement, Ms. Leyrer remarked the course of study is not telling students how to commit suicide, but rather is teaching them about life, and when life gets tough, where the student can go for help, and who they can talk to gain a new perspective.
Senator Neal asked Assemblywoman Chowning for statistics to support the depth of the problem, and wondered about the number of suicides in schools in this state.
In response to Senator Neal's question, Ms. Chowning provided the committee with a graph depicting suicides in Nevada by county, by age and by gender (Exhibit D), and advised that unfortunately Nevada is the leading state in suicides.
Dr. Eugene Paslov, State Superintendent of Public Instruction, testified that A.B. 584 is a simple bill and is consistent with work currently being done in the department of education. Dr. Paslov stated he did not believe the bill would impose any hardships or be burdensome to the local school districts.
Chairman Rawson inquired about the mechanics of the bill and asked if the cost of this bill would be similar to the previous bill, $80,000 to $200,000. In response to the chairman's question, Dr. Paslov stated the course of study would come from existing classes and thus he sees the bill as an emphasis, without creating extra expense to the local school districts.
Chairman Rawson asked Dr. Paslov if he expected to see a change in Nevada's suicide statistics if the program is implemented. In response to the chairman's question, Dr. Paslov stated without a study, it would be difficult to provide statistics to respond to that inquiry. Dr. Paslov emphasized education is a powerful preventive mechanism. It enhances rational decision making and deters irrational acts.
Debbie Cahill, Lobbyist, Nevada State Education Association (NSEA), testified in support of A.B. 584.
Carolyne Edwards, Lobbyist, Clark County School District, wished to go on record as supporting A.B. 584, and pointed out the Clark County School District is currently providing studies in suicide prevention.
Dr. Paslov remarked that Clark, Lyon and Washoe Counties are already doing something along these lines.
Senator Brown asked Dr. Paslov how the program is being implemented? In response to the senator's inquiry, Dr. Paslov declared it is done in a variety of ways, and can be included in health class, home and career skills class, or in the counseling curriculum.
Dr. Roger Simon, Executive Director, Suicide Prevention and Crisis Call Center, testified in support of A.B. 584, and read from his prepared statement verbatim (Exhibit E).
A discussion ensued between Dr. Simon and Senator Coffin regarding the graphs depicting percentages of suicides in Nevada.
Senator Neal asked Dr. Simon if he felt like the Crisis Call Center is losing the fight. Dr. Simon replied, no, but stated the focus has been changed over the years to put a stronger push in the area of prevention. He stated pressures the citizens of Nevada face have increased dramatically over the past 5 to 10 years, due partially to the recession. The center continues to work with more and more people, at an earlier stage.
Barbara Segaski, Concerned Parent, congratulated the committee on addressing one of the largest problems in the state, and voiced her support of A.B. 584. She stated as a member of a parent coalition, their goals have been to try to do something about the rising suicide statistics in Nevada.
Jeanne Simmons, Concerned Parent, testified in support of the concept and A.B. 584. Ms. Simmons suggested action be taken through the local school board, with the need to decentralize and deregulate, as each district has different needs. In addition, Ms. Simmons suggested changing the word "shall" to "may" in the bill.
Janine Hansen, Lobbyist, State President, Nevada Eagle Forum, testified in opposition to A.B. 584 and pointed out no information has been presented today from a specific study showing that suicide education reduces teen suicide. In her opinion, this is an experimental program, unless there are facts and statistics to show it works. Ms. Hansen expressed concern about continually mandating social programs on the schools at a high cost to academic subjects.
Ms. Hansen maintained she is concerned that the instructor teaching the class will have insufficient training to prepare a student to deal with this sensitive issue. She reviewed with the committee an article about a Columbia University study regarding the issue of suicide (Exhibit F).
Senator Neal referred to Exhibit D, a report developed by the Legislative Council Bureau, which reflects suicides in the state from 1987 through 1991, totalling over 300 people per year, and asked Ms. Hansen for suggestions on how to counteract those statistics.
In response to the senator's question, Ms. Hansen acknowledged the seriousness of the problem, but questioned if A.B. 584 was the right answer. She emphasized no evidence has been shown today to demonstrate that education reduces suicide, and feels there are alternatives to the mandated programs, such as parental involvement, or training through local organizations. Should the bill pass, Ms. Hansen suggested adding an amendment that parents be notified of the suicide education so they can participate with the children.
A discussion ensued between Ms. Hansen and Senator O'Donnell regarding whether or not suicide education is currently in place in the school system, and if so, how long it has been available, and the success of such programs.
Chairman Rawson expressed concern with the structure of the bill, pointing out the bill does not call for any type of report to come back to the legislators, enabling them to determine if the program has made a difference. If the bill passes, the chairman stated he would like to see the curriculum the schools develop, a report as to the way it will be presented, and a report as to its effectiveness.
Senator Glomb suggested the committee do a letter of intent along with the bill, asking for a report on the curriculum and the effectiveness of the program. The chairman commented that it then becomes a financial issue.
Dr. Paslov reiterated the importance of A.B. 584. He stated he would be amenable, without funding, to report back next session, as part of this bill, regarding the status of the program and the hope for the future.
After discussion among committee members, the chairman closed the hearing on A.B. 584.
SENATOR GLOMB MOVED TO DO PASS A.B. 584, WITH A LETTER OF INTENT REQUESTING THAT THE STATE BOARD OF EDUCATION REPORT BACK ON THE CURRICULUM PROVIDED IN THE SCHOOLS, IN TERMS OF INSTRUCTION IN THIS AREA, AND PROVIDE AN ADDITIONAL STATISTICAL REPORT ON SUICIDES FROM THE SCHOOL DISTRICTS.
Chairman Rawson also requested Dr. Paslov do a simplified literature search to see what programs are being used and the success of those programs, noting the detrimental aspects of the program to avoid them in the future.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman Rawson reopened the hearing on A.B. 578 and called for further discussion.
Debbie Cahill, Lobbyist, NSEA, voiced her support of A.B. 578.
Eugene Paslov, State Superintendent of Public Instruction, testified in support of the bill.
There being no further discussion, Chairman Rawson closed the hearing on A.B. 578 and opened the hearing on A.B. 761.
ASSEMBLY BILL 761: Specifies relationship between certain statutory and regulatory provisions regarding absences of school employees and provisions of collective bargaining agreement with school district. (BDR 34-2024)
Chairman Rawson suspended the hearing on A.B. 761 to address another short order of business, and opened the hearing on Senate Bill (S.B.) 564.
SENATE BILL 564: Authorizes public agencies and nonprofit medical facilities to enter into cooperative agreements to provide health insurance. (BDR 22-2172)
Bill Welch, Lobbyist, Executive Director, Nevada Rural Hospital Project, testified the rural hospital project is a consortium of the 11 small rural hospitals in the state of Nevada, who over the last years have demonstrated on numerous occasions the successful ability to come together for the development of health care services and contracting of services, which include liability insurance. Mr. Welch stated the rural hospitals attempted to do the same thing on health insurance, but have been advised by the Division of Insurance that without this additional language, it would not be possible. He pointed out the director of the Division of Insurance helped draft the language, and urged support of S.B. 564.
Chairman Rawson asked Mr. Welch if development of these agreements would establish any risk for the agencies. In response to the chairman's question, Mr. Welch stated this would be done through an interlocal agreement among the 11 hospitals. He pointed out the hospitals are purchasing health insurance on an individual basis.
SENATOR NEAL MOVED TO DO PASS S.B. 564.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS GLOMB AND BROWN WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson reopened the hearing on A.B. 761 and called for further discussion.
Debbie Cahill, Lobbyist, Nevada State Education Association (NSEA), testified A.B. 761 clarifies the section of Nevada Revised Statutes (NRS) 391 which deals with sick leave that can be accredited to a teacher during a school year. The problem relating to this bill is specific to Lyon County. In 8 of the 16 counties that negotiate, there is a sick leave bank that has been negotiated and put into place, or in other words, if an individual has used all their sick leave, they can borrow from another individual. Ms. Cahill explained Lyon County has taken the position that sick leave banks are illegal, and has refused to bargain the issue. The language in this bill clarifies the statute and would enable Lyon County to negotiate a sick leave. The bill does not create a mandate for the counties. Ms. Cahill advised that this bill came out the Assembly Education Committee on a unanimous vote, and was passed unanimously on the assembly floor today.
SENATOR GLOMB MOVED TO DO PASS A.B. 761.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TOWNSEND WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson opened the hearing on A.B. 643.
ASSEMBLY BILL 643: Requires superintendent of public instruction to establish pilot programs to develop internships which prepare pupils to serve as apprentices. (BDR S-1507)
Dr. Paslov testified this bill gives the schools the opportunity to develop internships and to look at apprenticeship programs.
A general discussion ensued between the committee members regarding the mandate and the fiscal note which has not yet been presented to the committee. Chairman Rawson asked Pepper Sturm, Research Analyst, to retrieve the fiscal consideration for the bill prior to taking a committee vote.
Chairman Rawson opened the hearing on A.B. 211.
ASSEMBLY BILL 211: Makes various changes regarding provision of health care. (BDR 40-618)
Fred Hillerby, Lobbyist, Nevada State Board of Pharmacy, testified A.B. 211 was introduced to address a variety of issues regarding the possession and administration of drugs. Patients in residential home health care facilities often have to administer their own medications, and although not totally incapacitated so as to need a nursing home, they need assistance with the taking of medications. The purpose behind the bill is for the health care facilities to be able to assist in the administration of drugs to those residents.
Mr. Hillerby stressed section 1 of the bill takes the word ambulatory out of the definition of a residential facility group, as patients in wheelchairs can get along very well in these facilities, if properly assisted. He pointed out section 2 talks about those intermediate care facilities run by the state for the Mental Hygiene and Mental Retardation Division (MH/MR), and removes the requirement that they have an administrator on site, because the administrator is within the division.
Mr. Hillerby directed the committee to section 3 which establishes the procedure whereby the residential care facilities and their employees can safely deliver medications to the patients who are on maintenance medications.
In response to the chairman's inquiry, Mr. Hillerby indicated the bill has been heard by the Assembly Committee on Health and Human Services, with lengthy subcommittee hearings, and directed the committee to the substantive changes as a result of those hearings. He pointed out in drafting the language changes in section 3, the Board of Nursing, the Nurses Association, and the Health Division collaborated. The language provides assurances from a public safety standpoint for people who are in the residential care facilities being assisted with their medications.
Mr. Hillerby declared the employee training and examinations approved by the Health Division regarding the authorized manner of assistance have yet to be developed. Mr. Hillerby emphasized there is an accountability within the bill structure, but noted there is no specific limitation on liability. The bill originators carefully constructed the language dealing with the amount of medication prescribed as being at a maintenance level, and does not require daily assessment.
In response to Chairman Rawson's question, Mr. Hillerby stated he feels confident the bill does not violate any federal regulation regarding controlled substances, as it is done under the ultimate user concept, wherein the patient gives written agreement that the residential care facility will be able to help him with his medications.
In an attempt to understand the bill, the chairman referred to section 5, subsection 10, which refers to animal technicians. He drew attention to other legislation which allows animal technicians to have syringes, etc. In response to the chairman's inquiry, Mr. Hillerby advised that under the veterinarian statute, there is a provision for the certification of the animal technicians by the Board of Veterinarian Examiners. The language in this bill makes it consistent with the veterinarian statute regarding licensing of the animal technicians.
A discussion ensued regarding section 7, subsection 2, and whether or not this language is allowing something that has not been defined before. Mr. Hillerby remarked old language, "A physician's assistant at the direction of his supervising physician," was coupled with new language, "or a licensed dental hygienist acting in the office of and under the supervision of a dentist." This falls under the prescription and dangerous drug section, not controlled substances.
Helen Foley, Lobbyist, Nevada Nurses Association, stated after many months of effort on the part of all parties concerned, she is before the committee to voice her support of A.B. 211.
SENATOR GLOMB MOVED TO DO PASS A.B. 211.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
* * * * *
The chairman asked Pepper Sturm to notify bill drafting to check A.B. 211 for a possible conflict with a bill previously passed.
Chairman Rawson reopened the hearing on A.B. 578, suspended earlier, and advised the committee the bill was defeated on the assembly floor.
SENATOR GLOMB MOVED TO DO PASS A.B. 578.
SENATOR BROWN SECONDED THE MOTION.
There was discussion among committee members regarding Senator Brown's bill, which is similar in nature to A.B. 578. Senator Brown acknowledged that Assemblyman Perkins' bill is smaller in scope and seems to go to the heart of what a student will need to know when he gets out of school.
Chairman Rawson reminded the committee of Dr. Paslov's earlier comment that the fiscal note would be small. Senator Brown reiterated Assemblyman Perkins' bill will not have a fiscal note. The program will be incorporated into the existing school curriculum. The county budgets will not be increased, but each county will determine what they want to spend out of their existing budget.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson announced this is the last posted meeting for human resources. He opened the work session on S.B. 61 and discussed the two proposed amendments.
SENATE BILL 61: Eliminates privies and cesspools as acceptable method of sewage disposal. (BDR 40-629)
Pepper Sturm clarified section 2, lines 17 through 19, page 1, is the section that grandfathers in the camps that are currently operating, and requires them to upgrade their facilities if they do any major reconstruction. The chairman stressed this speaks to existing camps and pointed out it could create significant impacts and costs for the camps.
Chairman Rawson continued on to section 2, line 20, page 1, which deletes the date, merely a technical connection because of the grandfathering clause. In addition, the chairman pointed out the next change appearing in section 2, line 3, page 2, with deletion of, "such a" and insertion "a," is merely a technical correction.
Chairman Rawson stressed there will be significant impacts or hardships on camps without a grandfathering or exception clause. Once a camp makes a change, the camp must be brought up to standard.
Chairman Rawson stated Assembly Amendment No. 1048 changes section 1, page 1, by deleting line 4 and inserting, "toilet facilities, which [shall] must be kept in a clean and sanitary state." The amendment strikes that language and says, "toilet facilities or portable facilities for temporary holding sewage that is treated with chemicals, which must be kept clean."
SENATOR TOWNSEND MOVED TO CONCUR ON ASSEMBLY AMENDMENT NO. 1048.
SENATOR GLOMB SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson reviewed Assembly Amendment No. 639, which deletes line 17 through 19, the language added by the senate, and says, "Operating on or before the effective date of this act, and every children's camp operating on the effective date of this act, makes improvements to the building structures and facilities of that camp, after that date, must have . . . . " The chairman stated this is the section that grandfathers existing children's camps into the act by saying they are exempt until they make improvements to their camp.
Chairman Rawson stated he feels this could be the source of closing a camp down for a year to make the appropriate changes, and suggested they be allowed more time to bring the camp up to standard.
SENATOR O'DONNELL MOVED TO NOT CONCUR ON ASSEMBLY AMENDMENT NO. 639.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson remarked he would be setting up a conference committee for further discussion on S.B. 61.
Chairman Rawson reopened the hearing on A.B. 643.
Christina R. Giunchigliani, Clark County, District No. 9, stated the bill came out as a pilot mandate in the counties. School districts could work with the apprentice council, which is already budgeted for as a council, to develop, with the State Board of Education internships to work with the private sector and for students to be able to earn credit. Assemblywoman Giunchigliani stated originally the bill had a fiscal note, as it was thought the students had to be employees and the districts had to pay State Industrial Insurance System (SIIS). It was discovered that as the students are not considered employees, but simply interns, the schools did not have to pay SIIS. Assemblywoman Giunchigliani stated the amendment recognizes that because the schools do not have to pay SIIS, there is no fiscal note attached to the bill.
Chairman Rawson asked if there has been any opposition to the apprentice program from any of the union groups, or others. In response to the chairman's question, Assemblywoman Giunchigliani said they have received no opposition and the business sector and organized education voiced their support of the bill.
Senator O'Donnell questioned section 1, lines 15 and 16 of the bill which states that a student working as an intern is not an employee, and pointed out this language means the students would not be covered under insurance and would not get any benefits should they get injured. Assemblywoman Giunchigliani stated that was correct, but stressed the student interns are not being paid wages so they could not file for workers' compensation.
The chairman asked what would happen if a student suffers an injury during the internship, and wondered if this would create a liability, as the student is not covered by SIIS. Assemblywoman Giunchigliani thought the student coverage could come from the parent's health insurance.
Chairman Rawson suggested a letter of intent to ask that students participating in the program show evidence of some health insurance.
SENATOR COFFIN MOVED TO DO PASS A.B. 643, WITH A LETTER OF INTENT FOR A STUDENT TO DEMONSTRATE EVIDENCE OF HEALTH INSURANCE.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson opened the work session on S.B. 482.
SENATE BILL 482: Regulates the establishment and operation of cemeteries for pets. (BDR 40-1332)
The chairman directed the committee to the work session document (Exhibit G), which sets out two proposed amendments.
Pepper Sturm, Research Analyst, presented the first proposed amendment which was received from Teresa Rankin, Commissioner of Insurance, page 2, Attachment A (Exhibit G). The committee reviewed the four sections to the amendments.
In response to an inquiry, Chairman Rawson said the purpose of the bill is to stop fraudulent actions. The bill creates certain restrictions for those people who set up a cemetery for pets.
Chairman Rawson then reviewed the second proposed amendment, page 4, Attachment B (Exhibit G), submitted by Mark McGuire of the Nevada Humane Society. Mr. Sturm stated he does not feel this conflicts with the previously proposed amendment.
After a brief discussion among committee members, it was agreed to hold the bill for now, and possibly deal with it in a committee meeting on the floor. The chairman advised he would attempt to get the various questions answered prior to that meeting.
Chairman Rawson moved to the next item on the work session document, the proposed amendment to A.B. 741, page 5 Attachment C (Exhibit G).
ASSEMBLY BILL 741: Makes various changes regarding attendance at public school of certain suspended or expelled pupils.
Ms. Cahill, NSEA, stated she was testifying before the committee on behalf of Henry Etchemendy, Nevada Association of School Boards and Gregory Betts, Nevada Rural School District Alliance, in support of the amendment.
Ms. Edwards, Clark County School District, referred the committee to section 3 of the proposed amendment, Attachment C, (Exhibit G), and suggested adding clarifying language regarding enrollment of suspended or expelled students.
Chairman Rawson suggested the following language be added after subsection 3 of the proposed amendment, ". . . make a determination whether the pupil shall be allowed to enroll in an alternative program as specified in section 2." He also suggested adding language that school districts which do not have alternative programs be urged to do one of two things, either begin to develop their own alternative programs or develop formal agreements with districts that have alternative programs.
SENATOR GLOMB MOVED TO AMEND AND DO PASS A.B. 741, INCORPORATING THE SUGGESTED AMENDMENTS FROM PAGE 5, ATTACHMENT C, EXHIBIT G.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson opened the hearing on Assembly Concurrent Resolution (A.C.R.) 23.
ASSEMBLY CONCURRENT RESOLUTION 23: Urges state board of education, board of regents and boards of trustees of school districts to end gender bias in educational system. (BDR R-1505)
SENATOR O'DONNELL MOVED TO DO PASS A.C.R. 23.
SENATOR GLOMB SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson opened the hearing on A.B. 427.
ASSEMBLY BILL 427: Prohibits pupils from carrying or possessing electronic devices used for paging or communication while on school grounds. (BDR 34-1526)
A brief discussion took place among committee members. The chairman suggested modifying section 1, lines 7 through 9 of the bill to read, "A pupil may carry or possess a beeper, portable telephone or other similar device on school grounds if he is expressly authorized in writing to do so by the site administrator."
SENATOR TOWNSEND MOVED TO AMEND AND DO PASS A.B. 427.
SENATOR GLOMB SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson opened the hearing on A.B. 589.
ASSEMBLY BILL 589: Requires board of regents to establish program of student teaching and practicum. (BDR 34-1601)
Assemblywoman Giunchigliani stated this bill reaffirms what the policy ought to be, as the rural counties have been having problems getting practicum people.
SENATOR GLOMB MOVED TO DO PASS A.B. 589.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
* * * * *
There being no further business, the meeting was adjourned at 5:50 p.m.
RESPECTFULLY SUBMITTED:
Susan Henson,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE:
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Senate Committee on Human Resources and Facilities
June 25, 1993
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