MINUTES OF THE
SENATE Committee on Human Resources and Facilities
Seventy-First Session
April 16, 2001
The Senate Committee on Human Resources and Facilitieswas called to order by Chairman Raymond D. Rawson, at 2:08 p.m., on Monday, April 16, 2001, 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 Randolph J. Townsend
Senator Mark Amodei
Senator Bernice Mathews
Senator Michael Schneider
Senator Valerie Wiener
GUEST LEGISLATORS PRESENT:
Senator Alice Costandina (Dina) Titus, Clark County Senatorial District No. 7
STAFF MEMBERS PRESENT:
H. Pepper Sturm, Committee Policy Analyst
Patricia Vardakis, Committee Secretary
OTHERS PRESENT:
Jon l. Sasser, Lobbyist, Washoe County Legal Services Incorporated.
Tom Wood, Lobbyist, Wyeth-Ayerst Laboratories, Division of American Home Products
Chairman Rawson opened the work session with Senate Bill (S.B.) 86 and introduced H. Pepper Sturm, Committee Policy Analyst.
SENATE BILL 86: Extends area of jurisdiction of school police officers. (BDR 34-823)
Mr. Sturm presented the “Work Session Document” (Exhibit C). He explained the amendment under tab A either amends S.B. 86 as a whole, or is a request for a new resolution to be approved by the committee.
SENATOR WIENER MOVED TO AMEND AND DO PASS S.B. 86.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, AMODEI, AND SCHNEIDER WERE ABSENT FOR THE VOTE.)
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Chairman Rawson introduced Senate Bill 167.
SENATE BILL 167: Expands program of subsidies for provision of prescription drugs and pharmaceutical services to senior citizens to include persons with disabilities who have modest incomes. (BDR 40-827)
Mr. Sturm said S. B. 167 is a proposed amendment requiring the Department of Human Resources to provide actuarial data, and other information relative to adding disabled persons to the program. Mr. Sturm stated the department would be reviewing the advisability of establishing such a program. He noted the department would report its progress to the legislative committee on health care prior to July 1, 2002, and then submit a full report to the director of the Legislative Counsel Bureau before next session.
Chairman Rawson commented the report should be presented to the Director of the Budget (John P. Comeaux, Director, Budget Division, Department of Administration) and the Legislative Counsel Bureau before September. He mentioned there was testimony from senior citizens in opposition to this and he voiced the concern including persons with disabilities in the existing plan would be an actuarially unsound position.
Chairman Rawson asked Jon l. Sasser, Lobbyist, Washoe County Legal Services Incorporated if he had concerns about S.B. 167. Mr. Sasser answered there were no concerns and commented persons with disabilities should have been included in the original bill.
SENATOR WIENER MOVED TO AMEND AND DO PASS S.B. 167.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, AMODEI, AND SCHNEIDER WERE ABSENT FOR THE VOTE.)
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Chairman Rawson introduced Senate Bill 168.
SENATE BILL 168: Establishes system of classification for licensure of teachers. (BDR 34-737)
Mr. Sturm explained tab C of the Work Session Document (Exhibit C) included the potential amendments to S.B. 168, which is a tiered licensing bill.
SENATOR TOWNSEND MOVED TO AMEND AND RE-REFER TO THE SENATE COMMITTEE ON FINANCE S.B. 168.
SENATOR WIENER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON AND AMODEI WERE ABSENT FOR THE VOTE.)
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Chairman Rawson introduced Senate Bill 291.
SENATE BILL 291: Makes various changes concerning reporting and investigation of certain violent or sexual offenses committed on school property, on school buses or at school activities. (BDR 34-199)
Senator Wiener remarked S.B. 291 would put a procedure in place for school police and questioned whether S.B. 291 would overlap the study presently in progress. Chairman Rawson stated the study may determine every school needs the availability of police or a similar mechanism.
Mr. Sturm said the school police objected to S.B. 291 because of the requirement to report certain crimes to the local law enforcement, and sections of the bill requiring principals to report certain crimes to the law enforcement if the school does not have police. He explained the amendment removes the requirement of the school police making these reports, asks for help with investigations, and retains the portion requiring the school principal or other designated person to report to law enforcement.
Chairman Rawson stated the issue of police in schools is important, and this will start the process.
SENATOR WIENER MOVED TO AMEND AND DO PASS AS AMENDED S.B. 291.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON AND AMODEI WERE ABSENT FOR THE VOTE.)
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Chairman Rawson introduced Senate Bill 302.
SENATE BILL 302: Revises certain provisions governing payment of hospital for serving disproportionately large share of low-income patients. (BDR 40-962)
Mr. Sturm told the committee S.B. 302 was discussed in a previous work session. He pointed out number 3, under tab F of the Work Session Document (Exhibit C) would eliminate the .6 percent indigent care requirement is currently in the law and reimburse hospitals for indigent care at the Medicaid rate or above. Referring to tab F of Exhibit C, Mr. Sturm explained the information provided by Charles Duarte, Medicaid Administrator, Division of Health Care Financing and Policy, Department of Human Resources.
Chairman Rawson asserted the need for a general policy. He iterated the cost of providing “free” care to indigent patients is passed on to others. Chairman Rawson pointed out the process should be initiated in stages to enable the counties to adjust. Senator Townsend queried the effective date of S.B. 302. Chairman Rawson suggested the effective date, to eliminate the .6 percent, would be July 1, 2002 and July 1, 2003 for the adoption of the Medicaid rate for indigent care. He called attention to the language, “the Medicaid rate or above” sets a minimum for everyone. Senator Townsend asked whether the percentage needed to be adjusted. Chairman Rawson reiterated the .6 percent will be eliminated July 1, 2002. Senator Townsend questioned whether the Medicaid rate would be effective July 1, 2003. Chairman Rawson answered in the affirmative.
SENATOR WIENER MOVED TO AMEND AND DO PASS AS AMENDED S.B. 302.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON AND AMODEI WERE ABSENT FOR THE VOTE.)
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Chairman Rawson introduced Senate Bill 305.
SENATE BILL 305: Makes various changes regarding public schools and pupils. (BDR 34-263)
Chairman Rawson informed the committee based on estimates for Washington state the cost of educating a student was approximately $1000 or $11 per hour, per student for a full school semester. He said the on-site training costs would be $750 a day for a trainer for 4 days of training or $3000. He defined the costs as: per diem, car rental costs, and airfare. The cost for teachers’ guides is $180 for each trainee.
Mr. Sturm explained the amendment requires boards of trustees of school districts to review the impact of programs of education and counseling for students who use, possess, sell, or distribute controlled substances, and to identify the schools where this type of program would be beneficial.
Chairman Rawson suggested funding a two-day training session for representatives from the state board and each of the school districts. He said if the school districts feel this would be a valuable program, then the legislature would be prepared to pursue this in the next legislative session. Chairman Rawson advised the motion would need to include a fiscal note for the cost of such a conference.
SENATOR WIENER MOVED TO AMEND AND DO PASS AS AMENDED S.B. 305.
SENATOR WASHINGTON SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
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Chairman Rawson introduced Senate Bill 292.
SENATE BILL 292: Makes various changes regarding charter schools. (BDR 34-382)
Mr. Sturm outlined the “Report of the Subcommittee on S.B. 292,” and the 27 charter school amendments listed in tab E of Exhibit C.
SENATOR WASHINGTON MOVED TO AMEND WITH THE PROPOSED AMENDMENTS AND RE-REFER TO THE SENATE COMMITTEE ON FINANCE S.B. 292.
SENATOR AMODEI SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS SCHNEIDER, MATHEWS AND WIENER VOTED NO.)
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Chairman Rawson introduced Senate Bill 311.
SENATE BILL 311: Requires Clark County School District to construct certain schools. (BDR S-969)
Mr. Sturm referred to tab H of Exhibit C. He said the amendment directs the board of trustees to establish a special committee to plan for the construction of smaller schools. Mr. Sturm noted the committee will consider the benefits of smaller schools, recommend future projects to the school board, and a status report will be provided by the school board of the legislative committee on education.
Chairman Rawson commented S.B. 311 projects the will of the legislature is, smaller schools are desirable. He said S.B. 311 gives local schools confidence the legislature feels it is an appropriate state policy to have smaller schools with the approach of the bond issues.
Senator Schneider recommended changing the term “urging” to “direct” in the title of S.B. 311.
SENATOR SCHNEIDER MOVED TO AMEND AND DO PASS, INCLUDING THE TITLE, OF S.B. 311.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Rawson introduced Senate Bill 371.
SENATE BILL 371: Revises provisions governing authority of certain physicians to possess, prescribe, dispense and administer controlled substances, dangerous drugs and other drugs. (BDR 40-1242)
Mr. Sturm described the contents of tab I of Exhibit C. He said tab I of Exhibit C includes the “Report of the Subcommittee On Senate Bill 371” which contains amendments the subcommittee recommends for passage. Highlighting the proposed amendments, Mr. Sturm outlined: a state advisory committee on pain management would be appointed; the committee’s duties are described; S.B. 371 provides a mechanism for the application of a drug trial and investigations; and requires reporting to the Legislative Committee on Health Care prior to July 1, 2002, and to the director of the Legislature Counsel Bureau by January 1, 2003.
Senator Schneider claimed S.B. 371 is a good first step in getting Nevada on the “cutting edge” of drug therapy.
SENATOR SCHNEIDER MOVED TO AMEND AND DO PASS AS AMENDED S.B. 371.
SENATOR TOWNSEND SECONDED THE MOTION.
Chairman Rawson suggested modifying the language of lines 6 and 7 on page 1, of S.B. 371 to include, “or later edition” because there may be new guidelines. The committee gave their approval.
Senator Washington asked about physicians who practice alternative medicine. Chairman Rawson assured the committee S.B. 371 aligns with federal prescription laws.
Chairman Rawson called for a vote.
THE MOTION CARRIED. (SENATOR MATHEWS VOTED NO.)
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Chairman Rawson introduced Senate Bill 417.
SENATE BILL 417: Requires combined expenditure per pupil for public schools to equal or exceed national average. (BDR 32-968)
Mr. Sturm explained the amendments and suggestions listed in tab J of Exhibit C. Senator Schneider suggested adopting the amendment to use the Nevada Plan statewide average to make the calculation for the total amount of money expended per pupil.
SENATOR SCHNEIDER MOVED TO AMEND WITH THE PROPOSED AMENDMENT AND RE-REFER TO THE SENATE COMMITTEE ON FINANCE S.B. 417.
SENATOR MATHEWS SECONDED THE MOTION.
Senator Washington asked whether amending S.B. 417 with the Nevada Plan would be equitable to all districts. Chairman Rawson replied S.B. 417 would invalidate and put the Nevada Plan in question.
Chairman Rawson called for a vote.
THE MOTION CARRIED. (SENATOR WASHINGTON VOTED NO.)
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Chairman Rawson introduced Senate Bill 424 and asked whether Senator Alice Costandina (Dina) Titus, Clark County Senatorial District No. 7 had reviewed the amendment proposed by the Recycler’s Association.
SENATE BILL 424: Revises provisions concerning unlawful disposal of certain types of waste. (BDR 40-61)
Mr. Sturm stated the recycler’s association proposed adding language to lines 36 on page 3 of S.B. 424 after “…disposal of solid waste pursuant to this chapter…” insert “for transport to a materials recovery facility (MRF) or a recycling center/facility.” Chairman Rawson questioned the purpose of the language. Mr. Sturm replied the recycler’s association did not make the purpose clear. Chairman Rawson postponed the hearing on S.B. 424 until Senator Titus’s position on the proposed amendment could be confirmed.
Chairman Rawson introduced Senate Bill 505.
SENATE BILL 505: Makes various changes relating to transfer of responsibility for dairy inspection program to state dairy commission of department of business and industry. (BDR 51-401)
Mr. Sturm explained there was no opposition or amendments proposed, but there was numerous testifiers in support of S.B. 505.
SENATOR TOWNSEND MOVED TO DO PASS AND RE-REFER TO THE SENATE COMMITTEE ON FINANCE S.B. 505.
SENATOR SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Rawson introduced Senate Bill 539.
SENATE BILL 539: Makes various changes concerning fund for a healthy Nevada. (BDR 40-536)
Mr. Sturm told the committee there were two specific amendments. He explained one amendment would raise the rate for administration from 2 to 5 percent, 3 percent for aging services division, and 2 percent would be for the State Treasurer’s administrative costs. Chairman Rawson questioned whether S.B. 539 was the bill, which had amendments proposed by the Governor’s office.
Tom Wood, Lobbyist, Wyeth-Ayerst Laboratories, Division of American Home Products, testified S.B. 539 was the bill, which removes the limits for the subsidies to the Senior Rx program. He said the changes would allow for full premium subsidy for the poor as was purposed by the Governor’s office.
Chairman Rawson paused in the proceedings to receive testimony from Senator Titus on S.B. 424.
Senator Titus stated the proposed amendment had not been approved and would kill S.B. 424. She suggested to proceed with S.B. 424 as presented.
Mr. Sturm mentioned the remaining amendments were under tab K of the “Work Session Document” (Exhibit C). Chairman Rawson asked Senator Titus whether the other amendments were reviewed and if there was an objection to them as proposed. Senator Titus said there was no objection.
SENATOR WIENER TO AMEND AND DO PASS AS AMENDED S.B. 424.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Rawson reopened the work session on S.B. 539.
Chairman Rawson explained to the committee the leadership of the task force for the fund for a Healthy Nevada would alternate between the Senate and the Assembly.
SENATOR WASHINGTON MOVED TO AMEND AND DO PASS AS AMENDED S.B. 539.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Rawson introduced Senate Bill 540 and stated there were no proposed amendments or opposition to the measure.
SENATE BILL 540: Changes name of Nevada mental health institute to northern Nevada adult mental health services. (BDR 39-1442)
SENATOR MATHEWS MOVED TO DO PASS.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Rawson introduced Senate Bill 541.
SENATE BILL 541: Makes various changes to provisions governing department of museums, library and arts. (BDR 33-545)
Mr. Sturm said the tab O provided a synopsis of S.B. 541 prepared by Mr. Scott K. Sisco, Interim Director, Department of Museums, Library, and Arts.
Senator Amodei stated the proposed amendment addresses the issues concerning the assignment of duties and what impact it would have on personnel. He recommended the amendment and placement in S.B. 541.
Senator Washington commented on the receipt of a letter from Ms. Mary Bowie, Vice President, Finance and Administration, American Association of Museums (Exhibit D). He said the Governor’s office has assured compliance with the requests made by the American Association of Museums concerning S.B. 541. Senator Washington requested the letter be placed in the record.
SENATOR AMODEI MOVED TO AMEND AND DO PASS WITH THE PROPOSED AMENDMENTS TO S.B. 541.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Rawson closed the work session and introduced Senate Bill 73.
SENATE BILL 73: Requires state board of education to prescribe form for reports of parental involvement in education of children. (BDR 34-315)
He told the committee an option to the “parents report card” would be a format of parent self-evaluation used in the Carson City school district. Chairman Rawson asked for a motion.
Senator Townsend asked for clarification of the Carson City format. Chairman Rawson replied the Carson City form is an evaluation by the parent, not by school personnel, and is for self-analysis by the parent, and is not punitive in nature. Senator Mathews questioned whether it pertained only to “at-risk” schools. Chairman Rawson asked for clarification. Mr. Sturm explained the amendment would be required by the “at-risk” schools but could be used by all schools if the school district approved. The committee exchanged views on differentiating between schools. Chairman Rawson suggested removing the term “at–risk.” Senator Townsend recommended S.B. 73 be amended with the Carson City format, for all schools so parents would have an opportunity to self-evaluate their involvement with their children’s education.
SENATOR TOWNSEND MOVED TO AMEND AND DO PASS AS AMENDED S.B. 73.
THE MOTION DIED FOR LACK OF A SECOND.
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SENATOR TOWNSEND MOVED TO AMEND WITH THE CARSON CITY FORMAT FOR ALL SCHOOLS AND RE-REFER TO THE SENATE COMMITTEE ON FINANCE.
THE MOTION DIED FOR LACK OF A SECOND.
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SENATOR TOWNSEND MOVED TO RE-REFER TO THE SENATE COMMITTEE ON FINANCE WITHOUT RECOMMENDATION S.B. 73.
THE MOTION DIED FOR LACK OF A SECOND.
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Chairman Rawson introduced and described the following Senate Bill 128, and Senate Bill 149.
SENATE BILL 128: Provides for gubernatorial appointment of superintendent of public instruction. (BDR 34-679)
SENATE BILL 149: Authorizes parents of certain pupils to choose which public school pupils will attend. (BDR 34-10)
Senator Townsend iterated concerns about S.B. 149. Chairman Rawson suggested sending a letter of intent to the interim committee on education to look at the issue of variance. Senator Washington reminded the committee S.B. 149 will open the variance process and allow parents to make choices concerning the location of their child’s education. Chairman Rawson recommended sending a letter from the Committee of Human Resources and Facilities asking the interim committee on education to look at the issue of establishing centers of excellence and allowing students portability. Senator Wiener recommended asking to have the various district variances reviewed for their equitability.
Continuing, Chairman Rawson introduced Senate Bill 205.
SENATE BILL 205: Authorizes consideration of certain criminal proceedings and sealed records for purpose of licensing, employment or discipline of school personnel. (BDR 34-383)
Chairman Rawson stated for the record:
There is an orderly process of developing laws that allow the courts, juries and various other agencies, to seal the records of first-time offenders. This has been a policy of the Legislature because there are circumstances where records should be sealed. But, the fear is that because the records were sealed, a pedophile would be hired by the school district. In reality the situation is really covered by law. The real issue is drug abuse. All other professions have mechanisms for dealing with impaired practitioners. Physicians, teachers, dentists, attorneys’, or nurses hold the well being of our children in their hands. If they develop a substance abuse problem and come forward there is a mechanism for them to participate in therapy and eliminate those problems. For a first time offender, their records can be sealed and their licenses will not be forfeited. In the case of a second offense then the records would no longer be sealed. He opined if S.B. 205 were passed, the courts would “throw it out” because we are going against the established actions of the courts and Legislature.
Chairman Rawson introduced and commented on various bills: Senate Bill 235 concerns voucher schools; Senate Bill 308 was withdrawn by Senator Care; Senate Bill 333 has been requested to be placed on hold, Senate Bill 338 revises provisions governing charges for services provided by hospitals, which are trauma centers; Senate Bill 399 has an amendment proposed by Senator Washington.
SENATE BILL 235: Establishes program of voucher schools for certain pupils. (BDR 34-9)
SENATE BILL 308: Requires hospitals and obstetric centers to administer hearing tests to infants born in those facilities. (BDR 40-1036)
SENATE BILL 333: Revises provisions governing payment of hospitals for treating disproportionate share of Medicaid patients, indigent patients or other low-income patients. (BDR 38-1237)
SENATE BILL 338: Revises provisions governing charges for services provided by certain hospitals are designated as centers for treatment of trauma. (BDR 40-1028)
SENATE BILL 399: Revises provisions governing education. (BDR 34-859)
Mr. Sturm explained the proposed amendment to S.B. 399 (Exhibit E) to the committee.
SENATOR WASHINGTON MOVED TO AMEND AND DO PASS AS AMENDED S.B. 399.
SENATOR TOWNSEND SECONDED THE MOTION.
Senator Mathews asked if S.B. 399 had a fiscal note attached. Senator Washington responded there was no fiscal note attached to S.B. 399.
THE MOTION CARRIED UNANIMOUSLY.
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Continuing, Chairman Rawson introduced and commented of Senate Bill 485 concerning notification prior to the destruction of health records.
SENATE BILL 485: Requires provider of health care to notify patient or certain other persons before destroying health care records of patient. (BDR 54-1232)
Chairman Rawson stated the Governor’s office has requested Senate Bill 538 be withdrawn.
SENATE BILL 538: Creates advisory council within department of human resources. (BDR 38-355)
SENATOR TOWNSEND MOVED TO INDEFINITELY POSTPONE S.B. 128, S.B. 149, S.B. 205, S.B. 235, S.B. 308, S.B. 333, S.B. 338, S.B. 485, AND S.B. 538.
SENATOR WIENER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Senator Amodei recommended changing S.B. 73 to a resolution format, therefore, the Carson City form could be included; would not keep any school district from implementing a parental self-evaluation; and would express the concerns about parental involvement. Chairman Rawson suggested Senator Amodei and other members of the committee work with the committee analyst to formulate the resolution.
SENATOR AMODEI MOVED TO CHANGE S.B. 73 INTO A RESOLUTION.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Senator Townsend, on behalf of the committee, commended Chairman Rawson, Mr. Sturm and staff, “for working so diligently to make sure the committee had the work materials necessary, in a professional and organized manner, to understand complicated issues.”
Chairman Rawson adjourned the meeting at 4:00 p.m.
Patricia Vardakis,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE: