MINUTES OF THE

SENATE Committee on Human Resources and Facilities

Seventieth Session

May 7, 1999

 

The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 1:50 p.m. on Friday, May 7, 1999, 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 Raymond D. Rawson, Chairman

Senator Maurice Washington, Vice Chairman

Senator Mark Amodei

Senator Bernice Mathews

Senator Valerie Wiener

COMMITTEE MEMBERS ABSENT:

Senator Randolph J. Townsend (Excused)

Senator Michael Schneider (Excused)

STAFF MEMBERS PRESENT:

Pepper Sturm, Committee Policy Analyst

Jan K. Needham, Principal Deputy Legislative Counsel

Cynthia Cook, Committee Secretary

OTHERS PRESENT:

Debbie Cahill, Lobbyist, Nevada State Education Association

Henry Etchemendy, Lobbyist, Nevada Association of School Boards

Chairman Rawson opened the work session on Assembly Bill (A.B.) 152.

ASSEMBLY BILL 152: Excludes institution or person offering certain computer software training programs from regulation as postsecondary educational institution. (BDR 34-1013)

Chairman Rawson explained the Commission on Postsecondary Education was established to protect people from unscrupulous training academies. The first suggested amendment to A.B. 152 will exclude from regulations certain entities, such as those offering only introductory educational services or programs on the use of computer software to customers who have purchased that software from that entity.

Pepper Sturm, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, explained a second suggested amendment to A.B. 152 which proposes to remove the Commission on Postsecondary Education from the State Department of Education, making it an independent commission. Senator Wiener expressed concern there had been no input from any of the parties regarding the second suggested amendment.

SENATOR WIENER MOVED TO AMEND WITH THE FIRST SUGGESTED AMENDMENT AND DO PASS AS AMENDED A.B. 152.

SENATOR AMODEI SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR MATHEWS VOTED NO. SENATOR TOWNSEND AND SENATOR SCHNEIDER WERE ABSENT FOR THE VOTE.)

*****

Senator Mathews explained her vote was because she does not think there is a need for a bill.

Chairman Rawson opened the work session on A.B. 3.

ASSEMBLY BILL 3: Requires department of education to prescribe form for developing individualized education program for students with disabilities. (BDR 34-318)

Mr. Sturm clarified A.B. 3 was conceived in order to standardize the individualized education information required by the federal government. Mr. Sturm added various school districts have requested the form developed by the State Department of Education to reflect a minimum compliance format. Further, school districts are authorized to add content to that form to address their own purposes.

SENATOR AMODEI MOVED TO AMEND AND DO PASS AS AMENDED A.B. 3.

SENATOR WIENER SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR TOWNSEND AND SENATOR SCHNEIDER WERE ABSENT FOR THE VOTE.)

*****

Chairman Rawson opened the work session on A.B. 14.

ASSEMBLY BILL 14: Authorizes schools to develop contracts of behavior for certain pupils. (BDR 34-324)

Mr. Sturm reviewed amendments proposed by the sponsor of the bill, Clark County School District; Kristine K. Jensen, Lobbyist, Nevada Concerned Citizens; and Senators Wiener and Rawson (Exhibit C).

SENATOR WIENER MOVED TO AMEND AND DO PASS AS AMENDED A.B. 14.

SENATOR AMODEI SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR TOWNSEND AND SENATOR SCHNEIDER WERE ABSENT FOR THE VOTE.)

*****

Chairman Rawson opened the work session on A.B. 530.

ASSEMBLY BILL 530: Revises provisions regarding meetings of Nevada veterans’ services commission. (BDR 37-1540)

Mr. Sturm described an amendment suggested by Ed Gobel, Lobbyist, Council of Nevada Veterans Organizations, which would limit the locations the commission can meet to sites capable of teleconferencing.

SENATOR MATHEWS MOVED TO AMEND AND DO PASS AS AMENDED A.B. 530.

SENATOR WASHINGTON SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR TOWNSEND AND SENATOR SCHNEIDER WERE ABSENT FOR THE VOTE.)

*****

Chairman Rawson opened the hearing on A.B. 533.

ASSEMBLY BILL 533: Authorizes board of county commissioners to create hospital district for sole purpose of entering contract for services with independent hospital under certain circumstances. (BDR 40-1549)

Mr. Sturm summarized the proposed amendments submitted by Chairman Rawson, and Madelyn Shipman, Lobbyist, Washoe County District Attorney (Exhibit D).

Senator Wiener asked if the hospital districts include Clark County. Chairman Rawson said A.B. 533 would open purchasing agreements to those hospital districts not included in the past, and Clark County was included in earlier legislation. Senator Wiener requested clarification of the phrase, "it is less costly or efficient …" in the amendment proposed by Ms. Shipman. Jan K. Needham, Principal Deputy Legislative Counsel, Legal Division, Legislative Counsel Bureau, advised Senator Wiener in order to make the intent perfectly clear, the phrase will be changed to read, "it is less costly or is efficient …"

SENATOR WIENER MOVED TO AMEND AND DO PASS AS AMENDED A.B. 533.

SENATOR AMODEI SECONDED THE MOTION.

 

THE MOTION CARRIED. (SENATOR TOWNSEND AND SENATOR SCHNEIDER WERE ABSENT FOR THE VOTE.)

*****

Chairman Rawson opened the work session on A.B. 573.

ASSEMBLY BILL 573: Revises provisions governing criminal histories of employees and independent contractors of certain health care facilities. (BDR 40-153)

Mr. Sturm said past legislation restricted certain employees, those with criminal records, from working with some of the more vulnerable populations. A.B. 573 would restore the ability of certain types of employees with criminal records under certain circumstances, to work in certain health care facilities. The proposed amendment to the bill would eliminate that, while retaining the provisions to add elder abuse to the list of convictions covered by the restrictions, include contractors to the definitions, and require a criminal background check every 5 years. Chairman Rawson said it is the intent of lawmakers to put protections in the law for the elderly and infirm, and the amendment eliminates the ability of certain people licensed by their board to treat patients. He averred the amendment is needed if the bill is to be processed.

SENATOR WASHINGTON MOVED TO AMEND AND DO PASS AS AMENDED A.B. 573.

SENATOR AMODEI SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR TOWNSEND AND SENATOR SCHNEIDER WERE ABSENT FOR THE VOTE.)

*****

Chairman Rawson opened the work session on A.B. 376.

ASSEMBLY BILL 376: Makes various changes regarding provision of police services in certain public schools. (BDR 34-152)

Senator Amodei opined one of the things learned from Littleton, Colorado, is the value of having those who are in charge of safety and law enforcement on our campuses possess a law enforcement background. Senator Amodei continued when dealing with illegal activity, administrators need to be reminded, and it is vital to send the message by requiring a chief of school police report directly to the board of trustees. Senator Amodei expressed opposition to a proposed amendment to: delete the requirement a chief of school police be appointed, report directly to the board, and have a law enforcement background. Senator Washington noted the bill applies to Clark County, and would like to request the author of A.B. 376 to allow other jurisdictions to contract with their local law authorities if they so desired.

SENATOR WASHINGTON MOVED TO AMEND WITH THE AMENDMENT SUGGESTED BY SENATOR WASHINGTON AND DO PASS AS AMENDED A.B. 376.

SENATOR AMODEI SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR TOWNSEND AND SENATOR SCHNEIDER WERE ABSENT FOR THE VOTE.)

*****

Chairman Rawson opened the work session on A.B. 576.

ASSEMBLY BILL 576: Revises provisions regarding qualifications of superintendent of schools of school districts. (BDR 34-1626)

Senator Wiener perceived a sense the focus of A.B. 576 was whether education or business comes first. Chairman Rawson said one of the alternatives, if A.B. 576 does not pass, will be to strip certain responsibilities, such as construction, from the superintendent. There is a need for someone who is trained in dealing with a billion dollars and 10,000 employees. There was no action taken on A.B. 576.

Chairman Rawson opened the work session on Assembly Joint Resolution (A.J.R.) 15.

ASSEMBLY JOINT RESOLUTION 15: Urges Congress to rectify inequities that occur between federal and state regulatory agencies regarding Employee Retirement Income Surety Act of 1974 as it relates to appeals processes. (BDR R-1620)

SENATOR AMODEI MOVED TO DO PASS A.J.R. 15.

SENATOR WIENER SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR TOWNSEND AND SENATOR SCHNEIDER WERE ABSENT FOR THE VOTE)

*****

Chairman Rawson opened the work session on Assembly Concurrent Resolution (A.C.R.) 25.

ASSEMBLY CONCURRENT RESOLUTION 25: Directs Legislative Committee on Education to study feasibility of certain educational reforms. (BDR R-1135)

Mr. Sturm related to the committee, the bill is designed to direct the Legislative Committee on Education to review a number of issues during the interim, including the education code, and successful reforms in other states.

Debbie Cahill, Lobbyist, Nevada State Education Association, testified the association would like verbiage to be "urge" instead of "direct." Henry Etchemendy, Lobbyist, Nevada Association of School Boards, added the association agrees with the suggestion made by Ms. Cahill.

SENATOR WIENER MOVED TO AMEND AND ADOPT A.C.R. 25.

SENATOR MATHEWS SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR TOWNSEND AND SENATOR SCHNEIDER WERE ABSENT FOR THE VOTE)

*****

Chairman Rawson adjourned the meeting at 2:45 p.m.

     

 

 

RESPECTFULLY SUBMITTED:

 

 

Cynthia Cook,

Committee Secretary

 

APPROVED BY:

 

 

Senator Raymond D. Rawson, Chairman

 

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