The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 2:15 p.m., on Tuesday, May 25, 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 Mark Amodei

Senator Bernice Mathews

Senator Valerie Wiener

COMMITTEE MEMBERS ABSENT:

Senator Maurice Washington, Vice Chairman (Excused)

Senator Randolph J. Townsend (Excused)

Senator Michael Schneider (Excused)

GUEST LEGISLATORS PRESENT:

Senator Alice Costandina (Dina) Titus, Clark County Senatorial District No. 7

STAFF MEMBERS PRESENT:

Patricia Di Domenico, Committee Secretary

OTHERS PRESENT:

Chairman Rawson opened the work session on a proposed amendment (Exhibit C) to Senate Bill (S.B.) 549 and asked for testimony on the amendment.

Senator Alice Costandina (Dina) Titus, Clark County Senatorial District No. 7, explained that the proposed amendment was the result of several meetings held within the last 72 hours. She said that the amendment narrows the language of Senate Bill 549 to address "whistle-blower protection." Senator Titus pointed out that the word "solely" was changed to "primarily" to alleviate the presumption of guaranteed tenure. She stated that inserting the word "primarily" permits flexibility. Senator Titus remarked that guaranteed tenure should not be given to an employee who comes to work drunk, for example, even though they have been a "whistle-blower"; but, the standards should not be set so high that proving a termination due to "whistle blowing" would be impossible. Referring to Exhibit C, Senator Titus noted there was an error in the amendment and "… sections 2 and 4 …" should be changed to "… sections 3 and 4 …." She declared that the amendment narrows the bill but does not eliminate the intent of giving protection to primary nurses and other medical caregivers from reprisals if they report violations of the law, inappropriate activities, or act as an advocate on behalf of a patient.

James L. Wadhams, Lobbyist, Nevada Association of Hospitals and Health Systems, testified that S.B. 549 provides protection to employees that report violations but does not allow for a permanent tenure of their employment. He voiced support of the amendment to S.B. 549.

Daniel F. Geary, Lobbyist, Nevada Service Employees Union SEIU 1107, applauded Senator Titus for her support and leadership on the issue. He stated that the amendment is an effective compromise that protects the concerns of the hospital industry and allows union members and nurses across the state to look after their patients in the most effective manner possible.

Chairman Rawson suggested to the work session committee that a motion to amend be made to Senate Bill 549, be taken to the Senate Floor, and then it can be processed in the day’s business on May 26, 1999. He stated that the full committee should be given the opportunity to give the amendment due consideration. Chairman Rawson asked if the work session committee was agreeable to the suggestion.

Chairman Rawson inquired whether the work session committee needed clarification on the intent of the motion. He iterated that the amendment would be delivered to the committee, the committee would act on the amendment, and then make a report to the front desk. Chairman Rawson called for a vote on the motion.

Chairman Rawson opened the work session on Assembly Concurrent Resolution (A.C.R.) 60.

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Chairman Rawson opened the work session on Assembly Joint Resolution (A.J.R.) 24.

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Chairman Rawson opened the work session on Assembly Bill (A.B.) 313 and said that the Assembly has refused to concur with the proposed amendment from the Senate Committee on Human Resources and Facilities.

Chairman Rawson pointed out that the amendment would make the bill consistent with Senate Bill 126, Senate Bill 445, and Senate Bill 289.

SENATE BILL 126: Prohibits placement of pupils in special education programs for disciplinary reasons. (BDR 34-1069)

Chairman Rawson commented that the feeling was strong for the amendment, therefore the committee should not recede and the amendment should go to a conference committee.

Chairman Rawson opened the work session on Assembly Bill (A.B.) 280.

Chairman Rawson told the subcommittee the bill posed a big policy statement. He added that the bill needed to be pared down and opined that he was not ready to enact into law all the entities that were presented in the bill. Chairman Rawson recommended that the committee’s motion be to not recede on the bill and that it should go to a conference committee.

Chairman Rawson appointed Senators Amodei, Wiener, and Mathews to a conference committee.

Chairman Rawson adjourned the meeting at 2:40 p.m.

RESPECTFULLY SUBMITTED: