MINUTES OF THE

SENATE Committee on Human Resources and Facilities

 

Seventy-second Session

February 5, 2003

 

 

The Senate Committee on Human Resources and Facilitieswas called to order by Chairman Raymond D. Rawson, at 1:30 p.m., on Wednesday, February 5, 2003, 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 Barbara Cegavske, Vice Chairman

Senator Maurice E. Washington

Senator Dennis Nolan

Senator Joseph Neal

Senator Bernice Mathews

Senator Valerie Wiener

 

STAFF MEMBERS PRESENT:

 

H. Pepper Sturm, Committee Policy Analyst

Patricia Vardakis, Committee Secretary

 

Chairman Rawson introduced Senator Nolan and Senator Cegavske as new members and Senator Neal as a returning member to the Senate Committee on Human Resources and Facilities.

 

Chairman Rawson presented the committee with a copy of “Senate Committee on Human Resources and Facilities, Standing Rules, Seventy-second Session-2003” (Exhibit C). He said number 9 is a new standing rule and addresses muting cell phones and pagers during committee hearings.

 

SENATOR CEGAVSKE MOVED TO ADOPT THE SENATE COMMITTEE ON HUMAN RESOURCES AND FACILITIES STANDING RULES.

 

SENATOR WIENER SECONDED THE MOTION.

 

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rawson introduced two bill draft requests (BDRs).

 

BILL DRAFT REQUEST 34-183: Makes various changes relating to treatment of pupils. (Later introduced as Senate Bill 61.)

 

SENATOR WIENER MOVED TO INTRODUCE BDR 34-183.

 

SENATOR WASHINGTON SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

BILL DRAFT REQUEST 34-114: Requires publisher or manufacturer of instructional materials to provide electronic version of such materials for use by university or college students, staff or faculty with print access disabilities who are unable to use standard instructional materials. (Later introduced as Senate Bill 62.)

 

SENATOR NEAL MOVED TO INTRODUCE BDR 34-114.

 

SENATOR NOLAN SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rawson introduced H. Pepper Sturm, Committee Policy Analyst, to present the policy brief, Committee Policy Brief, Senate Committee on HumanResources and Facilities (Exhibit D. Original is on file in the Research Library.). Mr. Sturm told the committee he would highlight various parts of the committee policy brief such as the jurisdiction of the committee, significant policy issues debated in the Seventy-first Legislative Session, interim study activities and recommendations, and significant issues for 2003. Mr. Sturm said page 2 of the report outlines the jurisdiction of the committee in accordance with Senate Standing Rule No. 40. He noted page 3 depicts the volume of bills processed by the committee during the Seventy-first Legislative Session. Mr. Sturm said there were a number of education issues considered such as academic standards, charter schools, parental notification, proficiency testing, school safety issues, construction, student discipline, and transportation. Mr. Sturm pointed out the education reform and educational accountability issues listed on page 4. He mentioned the Uniform Athletes’ Agents Act, which was enacted by A.B. No. 253 of the 71st Session, and a number of other issues found on pages 5 and 6. 

 

Mr. Sturm noted the next section of the committee policy brief contained issues concerning health and human services, which affected health care providers, the elderly, children, medical, and related facilities. He said A.B. No. 15 of the 71st Session required the establishment of a program to provide supportive assistance to certain persons who obtain legal guardianship of certain children. Mr. Sturm said S.B. 539 of the 71st Session, among other provisions, made various changes concerning the State’s prescription drug program for senior citizens. He said many topics outlined in the committee policy brief would be discussed in other bills or budget issues during the current Legislative Session.

 

Mr. Sturm directed attention to page 8 and the bills affecting long-term care, newborn hearing screening, and infant abandonment. He stated A.B. 488 of the 71st Session, page 9, revised provisions relating to the transportation of sick or injured persons by fire-fighting agencies.

 

Mr. Sturm said S.B. 208 of the 71st Session required the Health Division to appoint a State dental health officer and a State public health dental hygienist. He said S.B. 406 of the 71st Session provided an exception to the prohibition against certain referrals of patients by health care practitioners. Continuing on page 10, Mr. Sturm commented S.B. 397 of the 71st Session prohibited certain acts related to drugs and Internet pharmacies.

 

Mr. Sturm highlighted S.B. 74, A.B. 13, and A.B. 14 of the 71st Session as issues affecting medical and other related facilities on page 11. He said the licensure of halfway houses for substance abusers was provided for in S.B. 319 and A.C.R. 7 of the 71st Session. These directed the Legislative Committee on Health Care to establish a subcommittee to conduct an interim study of the development of a system for reporting medical errors.

 

On pages 13 and 14, Mr. Sturm indicated other health issues such as, clarification of the Do-Not-Resuscitate Law, organ donation and transplantation, the task force on prostate cancer, and disproportionate share intergovernmental transfer programs. He said relevant health and human services appropriations could be found on pages 14, 15, and 16.

 

Mr. Sturm stated section III of the committee policy report begins on page 17. It summarizes several reports regarding education, health and human services, which will be presented to the Senate Committee on Human Resources and Facilities. Mr. Sturm said copies of the reports could be provided to the committee.

 

Mr. Sturm directed attention to page 20 and said the two interim legislative committees on education considered education matters. He said many of the issues have been turned into BDRs and will be heard by the committee. He said the Legislative Committee on Education (LCE) has requested ten BDRs and made additional recommendations as set forth in Legislative Counsel Bureau Bulletin No. 03-12. Mr. Sturm pointed out the Legislative Commission’s subcommittee considered suicide prevention among school-aged children. He recommended the LCE consider requesting legislation to require all public school teachers to receive training in recognizing the signals of potential suicide among elementary and secondary education students.

 

Mr. Sturm said the newly formed Nevada P-16 Council would be testifying on issues concerning K-12 and higher education. He explained the State Board of Education’s priorities included: an omnibus bill to address the shortfall in the Distributive School Account, pre-kindergarten programs, expanded kindergarten programs, limited English proficient students program, summer school, intercession programs, maintenance of education staff, and support for other education programs. Mr. Sturm added another priority is the modification needed in assessment and accountability based on the, “No Child Left Behind Act (NCLBA) of 2001.”

 

Mr. Sturm explained several education associations have legislative priorities and the school district superintendents have proposed the “iNVest Program.” It includes nearly $900 million in new initiatives and program enhancements. A number of these issues will be heard by the budget committee but will be referenced in testimony by individuals who testify before this committee. Mr. Sturm said the Nevada State Education Association’s legislative agenda calls for many funding issues, which are listed at the bottom of page 21.

 

Mr. Sturm listed a number of issues the Legislative Committee on Health Care will be presenting. These are referenced in Legislative Counsel Bureau Bulletin03-19 Legislative Committee on Health Care, which is available. He said the committee would hear issues from other committees and subcommittees listed on pages 22 and 23 of Exhibit D.

 

Mr. Sturm called attention to page 25, section IV, which contains many education, health, and human services issues. He said there were a number of significant issues worthy of attention, especially in education. Mr. Sturm commented on academic standards, accountability, Board of Regents, charter schools, class-size reduction, distance education, education finance, governance, higher education, and professional development. He pointed out proficiency, reading, remedial reading programs, school construction, teacher quality, technology, testing, and vouchers would be issues heard this session.

 

Mr. Sturm said the federal issues could be found on page 28. He emphasized NCLBA has a significant impact on most states. He acknowledged there would be a massive BDR concerning this issue coming soon. Mr. Sturm noted the “Individuals with Disabilities Education Act Amendments of 1997”, and the reauthorization act may be topics of consideration during this Legislative Session.

 

Mr. Sturm summarized the health and human services issues on pages 29, 30, and 31 highlighting the nursing shortage. He called attention to the section on medical errors and said A.B. No. 1 of the 18th Special Session made various changes to the law, including patient safety plans and whistle-blower protections.

 

Mr. Sturm said there were a number of public health issues to be presented to the committee. He explained the Legislature provided General Fund assistance to Clark and Washoe Counties through a budget account known as “Health Aid to Counties.” Mr. Sturm said during the Seventy-first Legislative Session there was a proposal to increase the funding for this account from 80 cents per capita to $1.10 per capita, but due to budget restraints it remained at 80 cents. He said the counties’ public health representatives would pursue the $1.10 per capita level. Mr. Sturm noted the Legislature would address issues of public health preparedness and funding from the federal government to assist public health agencies needed. He pointed out other states are facing the same issues as Nevada.

 

Mr. Sturm described other issues to be considered at the federal level, which could be found on pages 34, 35, and 36. He mentioned there has been controversy concerning proposed requirements at the federal level to make the Head Start program more accountable. Senator Neal asked what report states the Head Start program needed to be more accountable. Mr. Sturm answered the Bush administration is proposing all Head Start programs implement an assessment system to recognize the benefits being provided to the children. Senator Neal questioned the meaning of assessment. Mr. Sturm gave kindergarten writing assessment and manipulation of shapes as examples.

 

Senator Neal commented the Head Start program has always had an assessment program and an excellent record. He stated the data concerning children’s advancement already exists. Mr. Sturm said he would update the committee on federal proposals concerning the Head Start program.

 

Mr. Sturm directed attention to page 34 and the Health Insurance Portability and Accountability Act (HIPAA). He said officials at the U.S. Department of Health and Human Services feel most states are not taking HIPAA seriously. Enhanced matching of funds, available under Medicaid, may be withheld if states do not fully comply. This would cause the states to lose $1 billion.

 

Mr. Sturm talked about Medicaid funding and Medicaid reform. Senator Washington requested Michael J. Willden, Director, Department of Human Resources, to update the committee on Medicaid issues. Chairman Rawson said a briefing could be arranged. Senator Washington commented it would be enlightening to know what impact the increase in enrollment has made on the budget. Mr. Sturm said the issues for the states are the increased federal funding and flexibility.

 

Mr. Sturm said Medicare prescription drugs will be a priority issue for Congress. A Medicare prescription drug benefit could save states significant funds. He said the Children’s Health Insurance Program would also be facing financial problems. Financial analysts believe this program will run out of funds in the next few years. Senator Washington suggested the committee be kept informed on this issue. Chairman Rawson commented the State has not spent all of the allocated funds and could adapt to cutbacks, but would be a burden to the General Fund. He said the committee would be updated on the issue.

 

Senator Wiener asked what happened to the funds allocated for the program. Mr. Sturm said $1.2 billion in unspent funds have been reverted to the U.S. treasury and another $1.5 billion will be reverted at the end of the federal fiscal year.

 

Mr. Sturm said, because Congress was unable to complete action on reauthorization, the welfare reform authorization programs would be carried over to the 108th Congress. He explained there is a temporary extension for Temporary Assistance for Needy Families, the Child Care Development Fund, and transitional medical assistance program.

 

Mr. Sturm said the last section of the committee policy brief is a contact list of persons from various interest groups for legislation, which will be heard by the committee.

 

Senator Wiener asked whether the NCLBA was a comprehensive program or just academics. Mr. Sturm replied the federal regulations are based on academic achievement, school attendance and dropout rate, and “is all in the outcome versus how you get there.”

 

Senator Washington asked for an update on the Millennium Scholarship program. Chairman Rawson said a copy would be obtained for the committee. He commented on the issue of the dropout rate, which had a direct correlation to students needing remediation in the first year of college. Senator Washington remarked on a report concerning remediation and the discontinuance of remediation courses. Mr. Sturm said there is a proposal by the Board of Regents to shift the remedial courses to the community college level. Chairman Rawson said a report would be prepared for the committee.

 

Mr. Sturm informed the committee the Research Division and Fiscal Analysis Division of the Legislative Counsel Bureau would be issuing the 2003 version of the Education Data Book, which contains a new chapter on higher education and the Millennium Scholarship program.

Chairman Rawson said these issues will be discussed at a later hearing and adjourned the meeting at 2:32 p.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

 

                                                           

Patricia Vardakis,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                                                                                         

Senator Raymond D. Rawson, Chairman

 

 

DATE: