MINUTES OF THE
SENATE Committee on Human Resources and Facilities
Seventy-First Session
May 4, 2001
The Senate Committee on Human Resources and Facilitieswas called to order by Chairman Raymond D. Rawson, at 1:20 p.m., on Friday, May 4, 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 Mark Amodei
Senator Bernice Mathews
Senator Michael Schneider
Senator Valerie Wiener
COMMITTEE MEMBERS ABSENT:
Senator Maurice Washington, Vice Chairman (Excused)
Senator Randolph J. Townsend (Excused)
GUEST LEGISLATORS PRESENT:
Assemblywoman Christina R. Giunchigliani, Clark County Assembly District No. 9
Assemblywoman Dawn Gibbons, Washoe County Assembly District No. 25
STAFF MEMBERS PRESENT:
Susan E. Scholley, Committee Policy Analyst
H. Pepper Sturm, Committee Policy Analyst
Patricia Vardakis, Committee Secretary
OTHERS PRESENT:
Frankie Sue Del Papa, Attorney General
Debbie Pinjuv, Director, The Transplant Network
Jim Parsons, Administrator, Management Services and Programs Division, Department of Motor Vehicles and Public Safety
Chairman Rawson opened the hearing on Assembly Joint Resolution (A.J.R.) 26 of the Seventieth Session, and introduced Assemblywoman Christina R. Giunchigliani, Clark County Assembly District No. 9.
ASSEMBLY JOINT RESOLUTION 26 of the Seventieth Session: Proposes to amend Nevada Constitution to exempt state contracts for improvement, acquisition and construction of facilities for schools from state debt limit. (BDR C-1753)
Assemblywoman Giunchigliani testified:
Assembly Joint Resolution 26 of the Seventieth Session proposes to amend the Constitution of the State of Nevada by adding another exemption from the state borrowing cap of 2 percent of the state’s total assessed valuation. The measure also exempts state contracts from public debt concerning the improvement, acquisition, and construction of facilities for public, elementary, and secondary schools if it is approved in its identical form.
It had been approved last session and if it is approved this session it will be on the general election ballot in 2002. It would simply allow school districts access to financing for school construction at a more favorable rate than is normally accorded to the state. It is one more step in the piece of trying to assist the districts with their maintenance and school construction.
Assemblywoman Giunchigliani said there had been no opposition to A.J.R. 26 of the Seventieth Session and she urged the committee to support the bill.
Chairman Rawson suspended the hearing on A.J.R. 26 of the Seventieth Session and opened the hearing on Assembly Bill (A.B.) 497.
ASSEMBLY BILL 497: Revises provisions relating to anatomical gifts. (BDR 40-1210)
Assemblywoman Dawn Gibbons, Washoe County Assembly District No. 25, recalled Chairman Rawson’s words on the subject of anatomical gifts from last legislative session, “Take up the charge, we can as Nevadans, do better.” She said A.B. 497 was drafted during the interim period.
Assemblywoman Gibbons explained A.B. 497. She said the Department of Motor Vehicles and Public Safety (DMV/PS) would ask drivers registering or renewing their licenses whether they would voluntarily contribute $1 to the organ donor fund. Assemblywoman Gibbons said the “Living Bank” in Huston, Texas has agreed to handle this fund, free of charge to any state, and the fund can be accessed 24 hours a day, 7 days a week.
Senator Wiener called attention to page 3, line 12 of A.B. 497, and asked whether there is a mechanism in place that would recognize an existing donor for the transplant network. Assemblywoman Gibbons answered in the affirmative and noted the pamphlet titled, “The Transplant Network” (Exhibit C) contained a form for that purpose.
Frankie Sue Del Papa, Attorney General, told the committee of an instance where 60 persons benefited from one donor. She said the Bureau of Consumer Protection would administer the account and the organ donor programs; and the task force will formulate and implement an action plan. Ms. Del Papa stated the DMV/PS would begin the education process and aid in the collection of the voluntary $1 donations. She noted there is 1.4 million licensed drivers in Nevada and currently 290,000 have agreed to be organ donors.
Ms. Del Papa remarked families very often become aware of their loved one’s wishes to donate organs when they are approached in an emergency room situation. She pointed out 1-in-7 of the 70,000 people on the national waiting list for organs received a “gift of life.” Ms. Del Papa declared every day 12 people on the national waiting list die for lack of an organ. She said Nevada must rely upon organ procurement organizations from other states because the “Nevada Donor Network” in Las Vegas serves the two transplant hospitals who only do kidney transplants. She explained Washoe County and the Carson City area hospitals contract with an organ procurement organization in California, and Elko contracts with an organization in Utah.
Ms. Del Papa stressed A.B. 497 would improve the State of Nevada participation numbers. She emphasized most persons receiving the “gift of life” are living productive lives 5 years after receiving transplant surgery. She declared A.B. 497 would encourage, educate, and facilitate an increased percentage of effective participation in the donor program, and urged the committee’s support.
Senator Wiener expressed concern because many state planners were not aware of the donor program and suggested continuing education units inform those persons who will then educate the public. Ms. Del Papa stated the task force would establish a state leadership role, a community role, a legislative role, a media role, and involve the religious community and other entities that can help with the public education component.
Chairman Rawson commented hospital physicians are concerned with the liability involved with organ donation based on a driver’s license alone, so, the family is contacted also. He questioned whether there could be a greater “force of law, or protection” associated with organ donation indicated on the driver’s license. Ms. Del Papa assured the committee people from the medical professions would be included in the task force to address those issues.
Debbie Pinjuv, Director, The Transplant Network, told the committee of her personal experience as a recipient of a liver transplant and encouraged their support for A.B. 497.
Jim Parsons, Administrator, Management Services and Programs Division, Department of Motor Vehicles and Public Safety , stated the DMV/PS would help in the process of organ donations. Chairman Rawson asked Mr. Parsons whether A.B. 497 contained all the authority necessary to implement the program. Mr. Parsons responded A.B. 497 was complete.
SENATOR WIENER MOVED TO DO PASS A.B. 497.
SENATOR SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, TOWNSEND, AND AMODEI WERE ABSENT FOR THE VOTE.)
*****
Chairman Rawson closed the hearing on A.B. 497 and called for a vote on A.J.R. 26.
SENATOR WIENER MOVED TO DO PASS A.J.R. 26.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, TOWNSEND, AND AMODEI WERE ABSENT FOR THE VOTE.)
*****
Chairman Rawson opened the hearing and invited testimony on Assembly Bill (A.B.) 659.
ASSEMBLY BILL 659: Revises provisions pertaining to contents of policies adopted by certain larger school districts concerning reconstruction, renovation or replacement of older buildings. (BDR 34-872)
Susan E. Scholley, Committee Policy Analyst, told the committee she was speaking at the request of Assemblyman Wendell P. Williams on behalf of A.B. 659. She said A.B. 659 has a single purpose which is to require the Clark County School District to include in the policy on school renovation and construction the allocation of “unanticipated funds.” Ms. Scholley explained A.B. 659 clarifies the scope of Assembly Bill (A.B.) 368 of the Seventieth Session.
ASSEMBLY BILL 368 OF THE SEVENTIETH SESSION: Requires annual audit of certain expenditures by certain school districts and development of policy to renovate or reconstruct certain school facilities by certain school districts. (BDR 31-179)
On behalf of Assemblyman Wendell P. Williams, Ms. Scholley urged the committee’s support of A.B. 659.
Senator Wiener questioned how “unanticipated funds” were used before A.B. 659. Ms. Scholley replied the policy was not clear, therefore, A.B. 659 is necessary.
Chairman Rawson closed the hearing on A.B. 659 and asked H. Pepper Sturm, Committee Policy Analyst, to introduce the “Work Session Document” (Exhibit D).
Mr. Sturm said there was no opposition or amendments to Senate Concurrent Resolution (S.C.R.) 24.
SENATE CONCURRENT RESOLUTION 24: Urges Commission on Tourism and Commission on Economic Development to promote Nevada as state where choice in health care is available. (BDR R-1494)
SENATOR MATHEWS MOVED TO ADOPT S.C.R. 24.
SENATOR SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, TOWNSEND, AND AMODEI WERE ABSENT FOR THE VOTE.)
*****
Mr. Sturm presented Assembly Bill (A.B.) 28.
ASSEMBLY BILL 28: Revises provisions governing sale of certain school property. (BDR 34-822)
Chairman Rawson asked for the genesis of the bill. Senator Wiener explained A.B. 28 sets the policy for the sales and commissions of houses constructed by students in the school district.
SENATOR WIENER MOVED TO DO PASS A.B. 28.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, TOWNSEND, AND AMODEI WERE ABSENT FOR THE VOTE.)
*****
Mr. Sturm explained Assembly Bill (A.B.) 214 has numerous sections pertaining to test security issues.
ASSEMBLY BILL 214: Establishes certain requirements pertaining to certain examinations administered in public schools and reporting of alleged irregularities concerning such examinations. (BDR 34-836)
Referring to tab C of Exhibit D, Mr. Sturm expounded on the various amendments proposed to section 5.1, section 5.5, and section 5.7 of A.B. 214 by Keith Rheault, Deputy Superintendent for Instructional, Research and Evaluative Services, Department of Education, and Dotty Merrill, Director, Testing Services, Educational Assessment and Availability, Washoe County School District. Chairman Rawson recommended omitting suggestion number 2 and adopting number 6, under tab C of Exhibit D will make A.B. 214 more workable.
SENATOR AMODEI MOVED TO AMEND WITH ALL AMENDMENTS EXCEPT NUMBER 2, AND DO PASS AS AMENDED S.B. 214.
SENATOR SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, AND TOWNSEND WERE ABSENT FOR THE VOTE.)
*****
Mr. Sturm called attention to tab D of Exhibit D, and explained the amendments suggested to Assembly Bill (A.B.) 380.
ASSEMBLY BILL 380: Revises provisions governing educational personnel. (BDR 34-1272)
Chairman Rawson asked whether there was a fiscal note attached to A.B. 380. Mr. Sturm responded there was no fiscal note.
SENATOR SCHNEIDER MOVED TO AMEND AND DO PASS AS AMENDED A.B. 380.
SENATOR WIENER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, AND TOWNSEND WERE ABSENT FOR THE VOTE.)
*****
Mr. Sturm introduced Assembly Bill (A.B.) 660.
ASSEMBLY BILL 660: Prohibits boards of trustees of school districts from requiring certain licensed employees to submit fingerprints. (BDR 34-1457)
Mr. Sturm explained there were concerns about allowing districts the flexibility to request an additional set of fingerprints should the district be notified of an alleged illegal incident. Chairman Rawson noted the amendment would provide flexibility to the board of trustees of school districts but would not be a “blanket policy.”
SENATOR MATHEWS MOVED TO AMEND AND DO PASS AS AMENDED A.B. 660.
SENATOR AMODEI SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, AND TOWNSEND WERE ABSENT FOR THE VOTE.)
*****
Concluding his presentation, Mr. Sturm said Assembly Concurrent Resolution (A.C.R.) 7 had no opposition or amendments proposed.
ASSEMBLY CONCURRENT RESOLUTION 7: Directs Legislative Committee on Health Care to conduct interim study concerning development of system for reporting medical errors. (BDR R-226)
SENATOR WIENER MOVED TO ADOPT A.C.R. 7.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, AND TOWNSEND WERE ABSENT FOR THE VOTE.)
*****
At the request of Dana Bennett, Lobbyist, Nevada State Medical Association, (Exhibit E) was entered into the record.
Chairman Rawson adjourned the meeting at 2:02 p.m.
RESPECTFULLY SUBMITTED:
Patricia Vardakis,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE: