MINUTES OF THE

SENATE Committee on Human Resources and Facilities

 

Seventy-First Session

May 7, 2001

 

 

The Senate Committee on Human Resources and Facilitieswas called to order by Chairman Raymond D. Rawson, at 2:35 p.m., on Monday, May 7, 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:

 

Assemblyman David E. Humke, Washoe County Assembly District No. 26

Assemblywoman Barbara K. Cegavske, Clark County Assembly District No. 5

 

STAFF MEMBERS PRESENT:

 

H. Pepper Sturm, Committee Policy Analyst

Susan B. Scholley, Committee Policy Analyst

Cynthia Cook, Committee Secretary

 

OTHERS PRESENT:

 

Alfredo Alonso, Lobbyist, US Interactive

Warren B. Hardy II, Lobbyist, Clark County Association of School Administrators

Frank Brusa, Lobbyist, Nevada Association of School Administrators

Douglas Byington, Lobbyist, Nevada Association of School Administrators

Steve Williams, Lobbyist, Washoe County School District

Rick C. Bennett, Lobbyist, University of Nevada, Las Vegas

Robert Dickens, Lobbyist, University of Nevada, Reno

Chairman Rawson opened the hearing on Assembly Bill (A.B.) 271.

 

ASSEMBLY BILL 271:  Revises provisions concerning automobile driver education and renewal of license of instructor of school for training drivers. (BDR 34-1011)

 

Assemblyman David E. Humke, Washoe County Assembly District No. 26, testified A.B. 271 is a driver’s education bill that will benefit certain driver education private sector schools and Internet based driver instruction schools.  He said the bill has other training measures affecting high school students.

 

In answer to questions by Chairman Rawson, Assemblyman Humke said there has been no opposition to the bill, and the Department of Motor Vehicles and Public Safety will set the regulations and prescribe the hours of training to be completed by a pupil.

 

In answer to a question by Senator Wiener, Assemblyman Humke speculated the requirement in the bill, stating 1 hour of training in a motor vehicle is equivalent to 3 hours of training in a classroom, was based on national standards.

 

Alfredo Alonso, Lobbyist, US Interactive, testified the product the company is hoping to bring to Nevada is video and Internet based.  He said in a rural state it is often difficult for the workforce to get to driver education classes during the day, and this alternative has a place.  Mr. Alonso stated the Department of Motor Vehicles and Public Safety will set high standards to make sure programs are done properly, and the curriculum will be at least equal to a driver’s school.  He continued, this would be ideal for a person trying to get demerits removed, and the requirement for behind the wheel training will not change.

 

Responding to an inquiry by Senator Mathews, Mr. Alonso said the program could be anything the state wishes it to be.  He said other programs can be added in the future, and the bill is written in a manner to allow the state to write regulations concerning DUI (driving under the influence) offenders, additional drivers’ education for young drivers, and other applications.  He added the insurance industry recognizes the programs, and they are not designed to replace behind-the-wheel training, but as a supplement.

 

Senator Wiener noted a provision of A.B. 271 states the courses include measures for testing, and she asked what assurances there are for determining the actual pupil is the person taking the test.  Senator Rawson answered the bill gives the Department of Motor Vehicles and Public Safety the opportunity to address that through regulations.  Mr. Alonso added in other states there is an extensive set of firewalls that have not yet been breached. 

 

Chairman Rawson referred to a provision of the bill where it is stated specifically part of the course, which consists of classroom instruction, may be taught interactively.

 

Assemblywoman Barbara A. Cegavske, Clark County Assembly District No. 5, suggested the following recommendations be included in A.B. 271: a 3-month holding of an instructional permit; a 3-month passenger restriction under full licensure; and a reduction of the age for application to 15.  She also suggested instructional permits be valid for 1 year.

 

Chairman Rawson closed the hearing on A.B. 271 and opened the hearing on A.B. 130.

 

ASSEMBLY BILL 130:  Requires boards of trustees of school districts to offer certain contracts of employment to probationary administrators and principals who are not reemployed in those capacities as post probationary employees. (BDR 34-1048)

 

Assemblywoman Cegavske reported the bill addresses situations where a teacher takes an administrative position, and after the probationary period he or she does not continue in that position.  The school district is then required to offer a contract of employment so the teacher may return to a teaching position, if there is a position available.  She added if a vice principal took a job as principal and it did not work out, then he or she would be offered another vice-principal position if there is a position available.  Ms. Cegavske held since the bill pertains to post probationary employees, it will encourage teachers to try administration knowing they can return to teaching if it does not work out.  Ms. Cegavske said A.B. 130 changes the wording from “may” to “shall,” and there was no opposition to it in the Assembly.

 

Warren B. Hardy II, Lobbyist, Clark County Association of School Administrators, told the committee the association requested the bill in order to codify in law a practice, which occurs at the school districts throughout the state.  He said there has not been a major problem, but the potential exists, and this concerns teachers wanting to try their hand as an administrator or principal.

 

Frank Brusa, Lobbyist, Nevada Association of School Administrators, and Douglas Byington, Lobbyist, Nevada Association of School Administrators, confirmed state school administrators support A.B. 130 as amended.

 

Steve Williams, Lobbyist, Washoe County School District, urged support of the bill.

 

Chairman Rawson called for a motion on A.B. 130.

 

            SENATOR MATHEWS MOVED TO DO PASS AND PLACE A.B.130 ON             THE CONSENT CALENDAR.

 

            SENATOR TOWNSEND SECONDED THE MOTION.

 

            THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rawson opened the hearing on A.B. 253.

 

ASSEMBLY BILL 253:  Enacts Uniform Athletes’ Agents Act. (BDR 34-992)

 

Assemblywomen Cegavske said she is here today to urge support of A.B. 253.  She summarized the bill as follows: the provisions enact the Uniform Athletes’ Agents Act and deletes most of the current definitions regulating contracts between student-athletes and sports agents; the bill requires the registration of student-athletes’ agents; the bill requires agents to make certain disclosures relating to their background, experience, and any criminal or civil proceedings against them; agents must also disclose to the student-athlete signing a contract will result in the loss of eligibility to participate in intercollegiate athletics; both agent and student-athlete must provide notice to the educational institution of the contract; the student-athlete must be informed he or she has a right to cancel any contract within 14 days; agents must file an application for registration and pay a registration fee as established by the regulation with the secretary of state; the bill provides for criminal and civil penalties including fines up to $25,000.

 

Senator Wiener asked what the difference is between registration and licensure, what the administrative costs of the bill will be, if there is any provision for cancellation after 14 days, what the definition is of permanent ineligibility, and if there is a statute of limitations concerning damages.

 

Rick C. Bennett, Lobbyist, University of Nevada, Las Vegas, said this model act is the result of 4 years of work by the National Conference of Commissioners on Uniform State Laws (an organization to draft proposals for uniform and model laws on subjects where uniformity is desirable).  He opined the terms registration and licensure were interchangeable, and Assemblywoman Cegavske said she would obtain further clarification for the committee.

 

Senator Washington inquired if the registrations will carry through to other states that have enacted the legislation.  Mr. Bennett said there is some kind of reciprocity; an agent would submit his registration from one state in order to be registered in another state.  He added disciplinary action can be enforced by both the state and the National Collegiate Athletic Association.

 

Assemblywoman Cegavske added after 14 days there is no provision for cancellation of the contract.  Mr. Bennett said the costs would be determined by the secretary of state, which must be sufficient to cover the cost of administration of the act.  He stated he does not know the answer concerning a statute of limitations, or whether a student would be required to sign a contract for each sport in which she or he may qualify.

 

Chairman Rawson closed the hearing on A.B. 253 and opened the hearing on   A.B. 634.

 

ASSEMBLY BILL 634:  Authorizes creation of campus review boards to review allegations of misconduct against peace officers of police department for University and Community College System of Nevada. (BDR 34-862)

 

Mr. Bennett explained the bill will allow the board of regents to create a police department and a review board; designate who can serve on the board; specify that the proceedings must be closed to the public, but the findings and recommendations are public record unless declared confidential by state or federal law; administer oaths; take testimony; issue subpoenas; and require books, papers, and documents specific to the complaint.

 

Senator Mathews commented on the language in the bill, which states, persons appointed to a campus review board must complete training, yet they are to serve without salary.  Mr. Bennett said at the University of Nevada, Las Vegas, a policy was established, and it was thought to be a good idea for the members to have understanding and knowledge of the police department, its policies and procedures.  He said this is not to suggest members of the board attend the police academy, but board members should have a general understanding by participating in tours and ride-alongs.  Mr. Bennett added if a person is selected for the review board, he or she could receive this type of training after the appointment.

 

In answer to Chairman Rawson and Senator Wiener, Mr. Bennett said selection would be from a list of persons suggested within the university system and the general public, and the appointments for each member would probably be on a staggered basis. 

 

Robert Dickens, Lobbyist, University of Nevada, Reno, told the committee the university is in full support of A.B. 634.  He stated the language is permissive to the board of regents, and what would be typical is, if the board decided to create review boards, there will be some accompanying language in the code and bylaws. 

 

Susan B. Scholley, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, testified the genesis of the bill goes back to 1993 legislation requiring university police departments to make reports to the legislature.  She said there were hearings held on this matter before the legislative committee on education during the Interim, and A.B. 634 is the result.

 

Chairman Rawson asked whether any of the community police departments raised objections.  Ms. Scholley said there was testimony with some concerns about the bill.  Mr. Bennett said Andy (Eldon) Anderson, Lobbyist, Las Vegas Police Protective Association, had some objections originally, but when the language was amended he no longer had concerns. 

 

Chairman Rawson closed the hearing on A.B. 634 and called for a motion.

 

Senator Townsend wanted to know whether the regents already have the authority, under their general provisions, to create such a board.             Senator Rawson said he suspects they do, but they may feel they do not want to act on it without specific authority.  Mr. Dickens said the regents do have the authority to create advisory boards, but there are some specific provisions in this bill offering guidance to the board of regents, such as who can suggest names, the structure of the committee, the per diem authorizations, and training requests.

 

            SENATOR MATHEWS MOVED TO DO PASS AND PLACE A.B. 634 ON             THE CONSENT CALENDAR.

 

            SENATOR WIENER SECONDED THE MOTION.

 

            THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rawson reopened the hearing on A.B. 271 and called for a motion.

 

            SENATOR TOWNSEND MOVED TO AMEND AND DO PASS A.B. 271.

 

            SENATOR SCHNEIDER SECONDED THE MOTION.

 

            THE MOTION CARRIED.  (SENATOR WASHINGTON ABSTAINED FROM             THE VOTE.)

 

*****

 

 

 

 

 

 

 

 

 

 

 

Chairman Rawson adjourned the meeting at 3:30 p.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

 

Cynthia Cook,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Raymond D. Rawson, Chairman

 

 

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