MINUTES OF THE

THE

SENATE Committee on Human Resources and Facilities

Seventy-First Session

April 13, 2001

The Senate Committee on Human Resources and Facilitieswas called to order by Chairman Raymond D. Rawson, at 1:50 p.m., on Friday, April 13, 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

STAFF MEMBERS PRESENT:

H. Pepper Sturm, Committee Policy Analyst

Cynthia Cook, Committee Secretary

OTHERS PRESENT:

Leona L. Eggert, Ph.D., Principal Investigator and Developer, Reconnecting Youth

Michael D. Hillerby, Deputy Chief of Staff, Office of the Governor

Jon L. Sasser, Lobbyist, Washoe County Senior Law Project

Bobbie Gang, Lobbyist, Nevada Women’s Lobby

Charlotte Crawford, Director, Department of Human Resources

Janice Ayres, Executive Director, Retired Seniors Volunteer Program

Stacy M. Jennings, Executive Director, State Dairy Commission, Department of Business and Industry

Alex Haartz, Deputy Administrator, Health Division, Department of Human Resources

Pete Olson, Concerned Citizen

Dave Coon, Anderson Dairy

Jim Breslin, Model Dairy

Doug Busselman, Lobbyist, Nevada Farm Bureau

Paul Willis, Southern Nevada Dairies

Robert Barengo, Chairman, State Dairy Commission, Department of Business and Industry

Debbie Hosselkus, Deputy Administrator, Division of Mental Health and Developmental Services, Department of Human Resources

Scott Sisco, Interim Director, Department of Museums, Library and Arts

Chairman Rawson opened the hearing on Senate Bill (S.B.) 305.

SENATE BILL 305: Makes various changes regarding public schools and pupils. (BDR 34-263)

Leona L. Eggert, Ph.D., Principal Investigator and Developer, Reconnecting Youth, presented a slide program titled, “Reconnecting Youth: An Indicated Prevention Program for Curbing the Progression of Co-occurring Problem Behaviors” (Exhibit C), a program which is designed to help at-risk youth improve their school achievement, reduce their drug involvement, and decrease their depression, aggression and suicidal behaviors.

Chairman Rawson thanked Dr. Eggert for presenting this program, which was a part of a bigger conference, which dealt with at-risk youth. He said to draft a bill mandating this program would provoke a reaction of, “We are already doing much of this,” or “Sure, give us the money and we will do anything you tell us.” Chairman Rawson said there are many creative things going on and this is not the only approach to show results, but this is an exciting program. He suggested the Legislature schedule this for an interim Legislative Committee on Education meeting and invite education leaders to become involved in striving to stimulate a new creativity in Nevada’s school districts.

In answer to Chairman Rawson, Dr. Eggert said she would be more than pleased to share what has been learned in Washington State with other states. She said the study is not over, and they are currently testing a full year program with the addition of a parent.

Chairman Rawson said he will ask staff to prepare a packet for some decisions, including ideas about projected costs, and the committee will revisit the issue during the meeting on Monday.

Senator Mathews asked Dr. Eggert if there was anything in her studies, which indicated students did better in smaller schools. Dr. Eggert said that is why the class size in the study is between one and ten, because these kinds of behavior changes cannot be brought about in a classroom of 25 or 30. She expressed, it is based on the fact they function in small groups, and the notion to give them enough time to talk, and to practice these skills. Dr. Eggert said Bill Gates (chief executive officer of Microsoft) is supporting wide studies of what makes a difference in schools, and the entire focus is not necessarily small schools, but how can you take large schools and make them a series of small schools within a large school.

Senator Wiener said she attended the conference where Dr. Eggert first presented the program, and would like to help in any way.

Chairman Rawson closed the hearing on S.B. 305, and opened the hearing on S.B. 484.

SENATE BILL 484: Requires Legislative Committee on Health Care to study diversion of patients in need of emergency services and care from hospitals that lack sufficient resources to provide needed services and care. (BDR S-1233)

SENATOR WIENER MOVED TO AMEND AND DO PASS S.B. 484.

SENATOR AMODEI SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

*****

Chairman Rawson opened the hearing on S.B. 539.

SENATE BILL 539: Makes various changes concerning fund for a healthy Nevada. (BDR 40-536)

Michael D. Hillerby, Deputy Chief of Staff, Office of the Governor, explained S.B. 539 makes changes concerning the Fund for a Healthy Nevada. He said page 2, line 18, clarifies conditions of a grant awarded, and page 3, line 7, defines the allocation of administrative expenses or other indirect costs. Mr. Hillerby said the proposed amendment (Exhibit D) further defines the approval process by the Interim Finance Committee by allocating not more than 2 percent of the money in the fund to pay costs of administration incurred by the Office of the State Treasurer, and not more than 3 percent of the money in the fund to pay the costs incurred by the Department of Human Resources.

Mr. Hillerby explained to Senator Mathews, under current law, a total of 2 percent of the money in the fund is allowed to be used to pay for administrative costs incurred by the treasurer, but no funds have been provided for the state agencies to run the programs. Chairman Rawson interjected, if this is not allowed, general funds will have to be used to pay administrative costs, and there are no general funds.

In answer to an inquiry by Chairman Rawson, Mr. Hillerby said he does not think there would be any objections by the Governor to solidify, in statute, the mechanism for appointing the chairman of the Task Force for the Fund for a Healthy Nevada with the same kind of oversight any other committee would have. Chairman Rawson said he would have staff prepare the language.

Mr. Hillerby continued, saying the bill clarifies that any money remaining at the end of the year is put back to the area from which it was allocated, and updates eligibility requirements for the senior prescription program. He said the application process for the senior prescription program has been reviewed, and will be streamlined by: offering just one tier of coverage instead of two; expanding the income level for the subsidy; and using just one form to both apply and enroll in the program.

Mr. Hillerby answered Senator Mathews by stating, none of the proposals in S.B. 539 will affect the independent living community.

Senator Wiener said when Charlotte Crawford, Director, Department of Human Resources, gave a presentation to the committee, she said the existing senior prescription program has the potential to reach up to 12,000 seniors. Senator Wiener said S.B. 539 states, on page 2, the department shall expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee. Senator Wiener asserted the department may subsidize all or a portion of the cost of insurance for senior prescriptions from the money allocated to the department. She said this seems to be additional monies from the tobacco settlement, using dollars earmarked for other programs.

Mr. Hillerby said it is not the intent of the bill, and does not change existing services. He said it is clarified on page 3, line 31 of the bill, which does not modify the allocation of monies in the fund.

Senator Wiener said she needs strong assurance there is not any shifting of monies from other programs.

Vice Chairman Washington asked Mr. Hillerby to bring language to the committee to clarify the intent of the bill, and Mr. Hillerby said he would be glad to do so.

Senator Mathews stated, for the record, she realizes this bill is to serve all of the population identified, but she wants to make sure there is no “robbing Peter to pay Paul.”

Senator Wiener asked what the result would be if the disabled community were to be included in the prescription program.

Mr. Hillerby said there are always additional needs, but an agreement has been struck with seniors, and there is no wish to change it. He said there is only a limited amount of money, and since the prescription needs of the disabled population is completely different, it would change the nature of the program.

Jon L. Sasser, Lobbyist, Washoe County Senior Law Project, read from prepared testimony (Exhibit E). He said a loophole in the bill allows for the transfer of funds from the independent living program to the senior prescription program, and it is addressed in the proposed amendment (Exhibit F).

Vice Chairman Washington asked Mr. Sasser if the Governor’s office has seen the amendment. Mr. Sasser said he has sent it to the Department of Human Resources, but he does not know if the Governor’s office has received a copy.

Bobbie Gang, Lobbyist, Nevada Women’s Lobby, testified in support of S.B. 539 and the amendment put forth by Mr. Sasser. She added there is some concern that appropriations and grants for independent living are proposed to go directly to the Department of Human Resources, with no role for the Task Force for a Fund for a Healthy Nevada. She asserted this erases any opportunity for public input to these programs.

Vice Chairman Washington asked Ms. Crawford if she had seen Mr. Sasser’s amendment. Ms. Crawford answered yes, and he is quite correct, there is no language prohibiting transfer of money from one program to another. She agreed the language suggested by Mr. Sasser would provide a clear intent that the independent living funds cannot be used for the senior prescription fund.

Janice Ayres, Executive Director, Retired Senior Volunteer Program, expressed her support for S.B. 539. She said this is something seniors can understand, and making the program more user-friendly will alleviate confusion.

Written testimony from Carla A. Sloan, Lobbyist, State Director, AARP, was entered into the record as Exhibit G.

Vice Chairman Washington closed the hearing on S.B. 539 and opened the hearing on S.B. 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)

Stacy M. Jennings, Executive Director, Dairy Commission, Department of Business and Industry, read a report titled “Nevada Dairy Commission, Senate Bill 505 Overview” (Exhibit H).

Vice Chairman Washington asked Ms. Jennings if the change is included in the Governor’s budget. Ms. Jennings answered no, since the commission is not a general fund agency.

Vice Chairman Washington asked Ms. Jennings what type of contracts are referred to in the proposed budget. Ms. Jennings said the commission will use the state health laboratory for testing, and if there were high personnel turnover, the commission would contract until the vacancy is filled.

Alex Haartz, Deputy Administrator, Health Division, Department of Human Resources, read prepared testimony (Exhibit I), and explained federal regulations require the inspections can only be performed by individuals trained and certified as State Sanitation Rating and Survey Officers. In answer to a query by Senator Mathews, Mr. Haartz said a food handler’s card is not required by dairy personnel, since sanitation practices are checked as a part of routine inspections.

Senator Washington asked Mr. Haartz if the existing personnel in the division would be transferred to the commission. Mr. Haartz said the personnel cannot be transferred, but the individuals could be hired by the commission.

Ms. Jennings affirmed the subject was a part of the Governor’s Fundamental Review of State Government. Mr. Haartz added the Health Division has had discussions with the State Dairy Commission about this issue.

Pete Olson, Concerned Citizen, dairyman, testified in favor of S.B. 505. He related an incident in which the industry’s rating was in peril because the state’s paperwork was not in order, and the result would be the inability to ship interstate. He said this could have been a financial disaster, and such responsibilities would be better served by an agency solely focused on milk.

Dave Coon, Anderson Dairy, testified in favor of S.B. 505. He said additional funding the commission would have access to would enhance training, education, advancements in processing, inspections, and safety programs.

Mr. Coon affirmed to Vice Chairman Washington there would be no change in services, and communications would actually be improved.

Jim Bresling, Model Dairy; Doug Busselman, Lobbyist, Nevada Farm Bureau; Paul Willis, Southern Nevada Dairies; and Robert Barengo, Chairman, State Dairy Commission, Department of Business and Industry, expressed their support of the bill.

In answer to a question by Senator Mathews, Mr. Barengo assured the committee there are no objections by the Department of Human Resources concerning S.B. 505.

Vice Chairman Washington closed the hearing on S.B. 505 and opened the hearing on S.B. 540.

SENATE BILL 540: Changes name of Nevada mental health institute to northern Nevada adult mental health services. (BDR 39-1442)

Debbie Hosselkus, Deputy Administrator, Division of Mental Health and Developmental Services, Department of Human Resources, told the committee the request for the name change will better reflect the full array of services offered to northern Nevada mental health agencies.

Vice Chairman Washington closed the hearing on S.B. 540 and opened the hearing on S.B. 541.

SENATE BILL 541: Makes various changes to provisions governing department of museums, library and arts. (BDR 33-545)

Scott Sisco, Interim Director, Department of Museums, Library and Arts, testified the bill would change the name of the Department of Museums, Library and Arts to the Department of Cultural Affairs, as recommended in the Governor’s Fundamental Review of State Government. Additionally, it will streamline and consolidate the functional organizational structure and current practices of the department. Mr. Sisco distributed a document titled, “SB 541 SYNOPSIS” (Exhibit J).

Vice Chairman Washington referred to section 8 of the bill, which lists the qualifications of museum directors, and he asked whether there is a list of qualifications for the administrator. Mr. Sisco replied there is no change being requested for administrator, so the original statute stating the division administrator has a background in either museums or history remains in effect.

Vice Chairman Washington asked if an existing museum director could be hired or appointed as administrator. Mr. Sisco said directors were encouraged to apply.

Senator Wiener expressed concern about the deletion of language, which reads, “Each museum director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.” She asked if there are assurances, if a director also has another job, she or he would fulfill the duties of director completely. Mr. Sisco answered the oversight responsibility is with the administrator.

Vice Chairman Washington asked if the museum directors approved of the amended language. Mr. Sisco said the directors have been surveyed, and many of the changes are from suggestions they made.

Senator Wiener made note of stricken language concerning oversight supervision by the director, and moving it to duties of the administrator. She asked if it resulted from the surveys. Mr. Sisco answered part of it was feedback from the surveys, and part of it was correcting language to remove inconsistencies.

Mr. Sisco said the department and the Governor’s office feel this bill does clarify situations, which have come up in the past regarding authority.

Senator Amodei expressed his concern about changes made last session in the qualifications of the director, by removing some of the requirements in terms of an advanced degree. He asserted, this bill requires museum directors to be classified employees under the state personnel system, and he asked Mr. Sisco what he anticipates the results will be when they are classified. Mr. Sisco said the department would like to see a level series of museum directors, and they do not anticipate any decrease in pay when positions are classified. Senator Amodei said, “Then the answer to my question is, ‘We expect all of our folks to stay at the same level they are presently, for pay purposes.’” Mr. Sisco said no, he anticipated the directors of medium-sized museums would receive an increase in pay, whereas the directors of the larger museums would probably stay the same. Senator Amodei said there is no sense any director might lose, and Mr. Sisco answered, “Not at all.”

Senator Amodei asked if the assignments given to the directors by the administrator of the division would have an impact on the study done by personnel. Mr. Sisco said absolutely. Senator Amodei then inquired of Mr. Sisco whether he expected each director to be assigned the same general powers. Mr. Sisco said they would be similar, but situations have evolved whereby administration needs to have the ability to impose constraints, which this language clarifies.

Senator Amodei said, “It would seem we are centralizing all the museums up to the department level, if the collections are housed with the museum director as delegated by the administrator.” Mr. Sisco said this would allow flexibility for the administrator, in case of mismanagement, to come back and remove authorities. He answered Senator Amodei by explaining the board has the final authority for disposing of artifacts, and if there is a conflict between the workers in a museum and the administrator, the issue can be heard at the quarterly board meeting. He answered Vice Chairman Washington by stating the administrator is appointed by the director of the department.

Senator Amodei called attention to section 10, which states, “Any condition or restraint placed on any bequest, device, endowment, trust allotment or other gift made to the division must be in writing.” He asked what would happen if something is not in writing, because to balance the statute it should also say people must be notified in writing. Mr. Sisco said the issue is currently covered under the board’s responsibility.

I. R. Ashelman II, Member, Board of Museums and History Advisory to the Division of Museums and History and Office of Historic Preservation, Division of Museums and History, Department of Museums, Library and Art, testified there has been some trouble with a few old requests, which did not have written statements, when heirs were trying to reclaim a bequest. He added the process for receiving bequests is formal and fairly elaborate, and there has been no indication of problems with gifts received in the past 10 years.

Senator Amodei repeated since all things flow from statute, the changing of statute is a balanced approach to cover all aspects of the issues. He asked, since museum directors are currently appointed, whether these directors will now be reappointed or will the positions be opened up for other applicants?

Mr. Sisco said the intention is to have personnel determine the appropriate classification, and folks in those positions will either be upgraded or stay the same, and absolutely nobody will lose their job.

Senator Washington asked what would happen if the museum director were not at the level assigned by the personnel department. Mr. Sisco answered he or she will receive an upgrade and a raise.

Mr. Sisco said the purpose of some statutes being eliminated by this bill is to consolidate all museums and historical societies into a single statute and eliminate inconsistencies in language between various museums, so, as new museums come on line, the department will not be required to develop a new set of statutes.

Mr. Ashelman said he hopes, whatever modifications are made, the board will not be given the duty to outline guidelines to a would-be donor. He said the board does try to make it as clear as possible, but in general it is extremely desirable to receive the donations in an unrestricted fashion, and if there is a restriction the gift is usually not accepted. Mr. Ashelman said a document is given to the donors informing them, unless they have specified otherwise, it is an unrestricted gift.

Senator Mathews asked, if a donation is not displayed, where is it stored? Mr. Ashelman answered the items are warehoused, displays are rotated, and all items are catalogued.

Vice Chairman Washington requested the parties meet with Senator Amodei to answer some concerns, and the bill will be heard on Monday during the work session.

Vice Chairman Washington closed the hearing on S.B 541, and adjourned the meeting at 4:29 p.m.

RESPECTFULLY SUBMITTED:

Cynthia Cook,

Committee Secretary

APPROVED BY:

Senator Raymond D. Rawson, Chairman

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