MINUTES OF THE
SENATE Committee on Human Resources and Facilities
Seventy-First Session
May 21, 2001
The Senate Committee on Human Resources and Facilitieswas called to order by Chairman Raymond D. Rawson, at 1:32 p.m., on Monday, May 21, 2001, in Room 2135 of the Legislative Building, Carson City, Nevada. The meeting was video conferenced to the Grant Sawyer Office Building, Room 4412, Las Vegas, 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 R. Parks, Clark County Assembly District No. 41
Assemblywoman Debbie Smith, Washoe County Assembly District No. 30
STAFF MEMBERS PRESENT:
H. Pepper Sturm, Committee Policy Analyst
Patricia Vardakis, Committee Secretary
OTHERS PRESENT:
Bobbie Gang, Lobbyist, American Association of University Women, Nevada, National Association of Social Workers, and Nevada Women’s Lobby
Pam Roberts, Concerned Citizen
Deborah K. Cahill, Lobbyist, Nevada State Education Association
Dotty L. Merrill, Lobbyist, Washoe County School District
Liz Moore, Concerned Citizen
Gary Peck, Director, American Civil Liberties Union of Nevada
Barbara Clark, Lobbyist, Nevada Parent Teachers Association
Lucille Lusk, Lobbyist, Nevada Concerned Citizens
Cris Jensen, Concerned Citizen,
Richard R. Ziser, Lobbyist, Coalition for the Protection of Marriage
Joyce Haldeman, Lobbyist, Clark County School District
Chairman Rawson opened the hearing on Assembly Bill (A.B.) 459.
ASSEMBLY BILL 459: Requires adoption of policies to provide safe and respectful learning environments in public schools. (BDR 34-1286)
Assemblyman David R. Parks, Clark County Assembly District No. 41, testified harassment and intimidation was rampant at the Columbine and Santana high schools, but administration did nothing to eliminate the problem.
Assemblyman Parks stated:
A.B. 459 directs the state Department of Education to develop and provide school districts with practical guidance to help protect students from harassment and intimidation. The superintendent of public instruction under A.B. 459 would be required to develop model policies and procedures for all school districts to use as a basis for implementing their own policies and procedures, such policy and procedures would assist each school district in implementing appropriate programs intended to de-escalate tension and to avoid the potential for retaliation.
Assemblyman Parks told the committee, throughout the nation there are numerous legal claims filed, and judgments granted because school districts were found to have failed to act appropriately. He mentioned there is currently a suit filed against the Washoe County School District. Assemblyman Parks acknowledged “bullying” has been in existence for a long time but recently has become a serious problem. He said studies show “bullying” affects one in three students, in Grades 6 through 10. Assemblyman Parks directed the committee’s attention to a Washington Post article titled, “Survey: 30% of U.S. Schoolchildren Involved in Bullying” (Exhibit C), which explains the “bullying” issue. He stressed “bullying“ can no longer be ignored, and preventive measures need to be taken.
Concluding his remarks, Assemblyman Parks read for the record the Nevada State Education Association’s (NSEA) statement of intent:
Sections 2 and 3, of the bill define “harassment” and “intimidation,” respectively, to mean a “willful act, or course of conduct” which is highly offensive to a reasonable person, and causes or threatens to cause any of the kinds of harm described in the bill.
As used in this bill, the phrase “willful act, or course of conduct” is intended to mean, an act or course of conduct that is not only voluntary, but done with a specific purpose of causing harm or injury of any kind described in the bill.
Bobbie Gang, Lobbyist, American Association of University Women, Nevada, National Association of Social Workers, and Nevada Women’s Lobby, testified, all three groups support A.B. 459 as amended. She presented to the committee a document (Exhibit D), listing other groups which support A.B. 459, but could not attend the meeting to testify. Ms. Gang stated students are worried about safety in schools. She encouraged the committee to vote in favor of A.B. 459, and commended the Legislature for making this important statement.
Pam Roberts, Concerned Citizen, provided a letter (Exhibit E) for the record expounding on the need to pass A.B. 459. She reiterated on the importance of making a safe environment for all school children.
Deborah K. Cahill, Lobbyist, Nevada State Education Association (NSEA), commended Assemblyman Parks for addressing this issue, and stated NSEA’s support of A.B. 459.
Dotty L. Merrill, Lobbyist, Washoe County School District, voiced support of A.B. 459 as amended. She referred to lines 20 through 24, of A.B. 459, and emphasized the language “civility and respect” is an important component of the educational process.
Liz Moore, Concerned Citizen, voiced support of A.B. 459 because all students deserve a safe and respectful learning environment. She stated “bullying” causes lasting pain in children and interferes with learning.
Gary Peck, Director, American Civil Liberties Union of Nevada, testified in favor of A.B. 459 as amended. He stated the issue of providing a “safe space” for students in school is imminent, and children are scarred by intimidation, threats, and discrimination. Mr. Peck voiced concern A.B. 459 does not mandate school districts to develop and implement appropriate anti-harassment policies. He emphasized A.B. 459 sends an important message throughout the state. Mr. Peck told the committee the American Civil Liberties Union of Nevada has been inundated with calls about A.B. 459, and the First Amendment of the United States Constitution’s implications in terms of “free speech,” and “freedom of association.” He opined the claims are “nonsense,” because, the First Amendment does not protect individuals who intimidate, threaten or discriminate.
Barbara Clark, Lobbyist, Nevada Parent Teachers Association (PTA), stated the PTA supported A.B. 459.
Lucille Lusk, Lobbyist, Nevada Concerned Citizens, pointed out sections 1 through 6 of A.B. 459 contained definitions of harassment and intimidation. She stated A.B. 459 would protect all students.
Cris Jensen, Concerned Citizen, spoke in favor of sections 1 through 6 of Assembly Bill 459, because all children would be protected. She questioned the inclusion of sections 7 through 13. Chairman Rawson clarified the current bill under consideration deletes sections 7 through 13, and adds a new section 7, which states “the language contained in the title in sections 3 through 7 inclusive of this act will be included in any written policy provided to parents or students.” Ms. Jensen voiced support of A.B. 459 as amended. She expressed concern with NSEA’s language of intent (Exhibit F) presented by Assemblyman Parks.
Chairman Rawson asked Assemblyman Parks for NSEA’s intent language. Continuing, Chairman Rawson read the second paragraph from the “Memorandum” document (Exhibit F), which clarified Ms. Jensen’s concern. Ms. Jensen stated the Clark County School District has addressed the issue, and she opined the issue should be handled at a local level.
Richard R. Zizer, Lobbyist, Coalition for the Protection of Marriage, testified to a neutral or a support position of A.B. 459 with the amended language.
Chairman Rawson closed the hearing on A.B. 459. He asked the committee for a motion on A.B. 459 with the amended language under tab C of the “Work Session Document” (Exhibit G), and the intent language (Exhibit F).
SENATOR SCHNEIDER MOVED TO AMEND AND DO PASS AS AMENDED A.B. 459.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS TOWNSEND, WIENER, AND AMODEI WERE ABSENT FOR THE VOTE.)
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Chairman Rawson called the committee’s attention to the “Work Session Document” (Exhibit G), and Assembly Bill (A.B.) 201.
ASSEMBLY BILL 201: Requires state board of education and school districts to adopt policies encouraging parental involvement. (BDR 34-846)
Senator Washington commented Senate Bill (S.B.) 73 had a similar intent.
SENATE BILL 73: Requires state board of education to prescribe form for reports of parental involvement in education of children. (BDR 34-315)
Chairman Rawson pointed out S.B. 73 specifically addressed a “parental report card” would evaluate the parent’s degree of support or participation in their child’s education. But, he opined A.B. 201 encourages parents to become involved in school activities.
H. Pepper Sturm, Committee Policy Analyst, acknowledged S.B. 73 required the teachers to complete a “parental report card,” but, A.B. 201 requires the state board, and the board of trustees to adopt parental involvement policies encouraging parents to participate in their children’s school.
Senator Washington reiterated this type of legislation tends to “target” people less fortunate, impoverished, or ethnically biased. Chairman Rawson postponed taking action on A.B. 201 until there was a full committee.
Chairman Rawson introduced Assembly Bill (A.B.) 442.
ASSEMBLY BILL 442: Increases maximum penalty for dumping sewage or garbage unlawfully. (BDR 40-252)
He informed the committee similar legislation has been approved, and recommended the language of Senate Bill (S.B.) 424 be incorporated into A.B. 442.
SENATE BILL 424: Revises provisions concerning unlawful disposal of certain types of waste. (BDR 40-61)
SENATOR WASHINGTON MOVED TO AMEND AND DO PASS AS AMENDED A.B. 442.
SENATOR SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS TOWNSEND AND WIENER WERE ABSENT FOR THE VOTE.)
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Mr. Sturm explained the amendment to Assembly Bill (A.B.) 482 creates a presumption of liability to anyone whose use of fireworks causes damage to a person or property.
ASSEMBLY BILL 482: Makes various changes relating to regulation of fireworks. (BDR 42-1024)
Chairman Rawson opined A.B. 482 creates a personal responsibility. Senator Washington asked for clarity on the responsible party. Chairman Rawson defined A.B. 482 does not address the manufacturers, distributors, suppliers, or the people that sell fireworks.
SENATOR AMODEI MOVED TO AMEND A.B. 482 WITH SECTIONS 1, 2, 2.1, AND EXCLUDE SECTION 3 FROM THE PROPOSED AMENDMENT, AND DO PASS AS AMENDED.
SENATOR WIENER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Chairman Rawson introduced Assembly Bill (A.B.) 499.
ASSEMBLY BILL 499: Revises provisions governing policy for renovation or reconstruction of schools and authorizes use of money from fund for capital projects for continuation of pilot program for replacement of schools in certain school district. (BDR 34-861)
Chairman Rawson informed the committee A.B. 499 was previously amended, but the Legal Division has opined the amendment proposed is not germane to A. B. 499; therefore, a motion to reconsider the previous action is necessary.
SENATOR WIENER MOVED TO RESCIND THE PREVIOUS ACTION TAKEN ON A.B. 499.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Chairman Rawson asked Mr. Sturm to explain the new amendment.
Mr. Sturm called attention to line 19, page 3 of A.B. 499, and stated “eight” had been reduced to “five” existing schools, but the $200 million was not adjusted. He said the original bill had $90 million for five schools.
Chairman Rawson asked the Clark County School District whether $75 million would be adequate for five schools.
Joyce Haldeman, Lobbyist, Clark County School District, replied the amount would be adequate if the schools would be elementary level, but the cost would be higher for middle or high school. Chairman Rawson asked whether $90 million would be adequate. Ms. Haldeman answered in the affirmative. Chairman Rawson advised the committee the proper procedure would be to rescind the previous action and replace with a new amendment changing the “eight” to “five” existing schools and the amount of funding from $200 million to $90 million, and remove all language referring to charter schools.
SENATOR TOWNSEND MOVED TO AMEND WITH THE NEW AMENDMENT AND DO PASS AS AMENDED A.B. 499.
SENATOR WIENER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Senator Rawson introduced Assembly Bill (A.B.) 636.
ASSEMBLY BILL 636: Makes various changes to provisions governing admission of allegedly mentally ill person to mental health facility. (BDR 39-1077)
Mr. Sturm explained the amendment adds the language, “practitioner of nursing with on-site supervision by a physician’s assistant” can conduct an examination to determine whether a person has a medical problem, other than a psychiatric problem, which requires immediate attention.
Senator Washington suggested not including the amendment.
SENATOR WASHINGTON MOVED TO DO PASS A.B. 636.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Chairman Rawson suggested the outstanding bill, Assembly Bill (A.B.) 545 be indefinitely postponed.
ASSEMBLY BILL 545: Directs development of optional subsidized program to provide prescription drugs and pharmaceutical services to senior citizens with low incomes. (BDR 40-826)
SENATOR TOWNSEND MOVED TO INDEFINITELY POSTPONE A.B. 545.
SENATOR AMODEI SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Assemblywoman Debbie Smith, Washoe County Assembly District No. 30, reiterated the intent of the A.B. 201 is to promote a “friendly atmosphere in the public schools.” She said there is nothing presently in statute which directs policy about parent involvement. Assemblywoman Smith emphasized the importance of A.B. 201 as a “first step” towards parental involvement.
SENATOR TOWNSEND MOVED TO DO PASS A.B. 201.
SENATOR SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Chairman Rawson adjourned the meeting at 2:29 p.m.
Patricia Vardakis,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE: