SENATE MINUTES OF THE
SENATE Committee on Human Resources and Facilities
Seventy-second Session
March 21, 2003
The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 11:49 a.m., on Friday, March 21, 2003, in Room 2135 of the Legislative Building, Carson City, Nevada. The meeting was videoconferenced to the Grant Sawyer State Office Building, Room 4406, 555 East Washington Avenue, 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 Barbara K. Cegavske, Vice Chairman
Senator Maurice E. Washington
Senator Dennis Nolan
Senator Joseph Neal
Senator Bernice Mathews
Senator Valerie Wiener
COMMITTEE MEMBERS ABSENT:
Senator Raymond D. Rawson, Chairman (Excused)
STAFF MEMBERS PRESENT:
H. Pepper Sturm, Committee Policy Analyst
Patricia Vardakis, Committee Secretary
OTHERS PRESENT:
Theresa (Terri) Malone, Lobbyist, Nevada Board of Education, and Nevada Board of Occupational Education
Barbara Lislie, Food Service Department, Clark County School District
Dorothy B. North, Lobbyist
Laurel A. Stadler, Lobbyist, Mothers Against Drunk Driving – Lyon County Chapter
Sarah Stadler, Youth Coordinator, Mothers Against Drunk Driving
Marie Canfield, Chief, Bureau of Alcohol and Drug Abuse, Department of Human Resources
Vice Chairman Cegavske:
I will open the hearing on Senate Concurrent Resolution (S.C.R.) 12.
SENATE CONCURRENT RESOLUTION 12: Encourages school administrators, teachers and other educational personnel involved in prekindergarten through 12th grade to promote nutrition and physical fitness in schools. (BDR R-698)
Senator Wiener:
This resolution was inspired by a conference I attended in Washington D.C. It was the first Healthy School Summit. The National Conference of State Legislatures (NCSL) was one of the organizations that sponsored me. I was one of four State senators NCSL sent to the summit, which was attended by more than 500 participants.
First Lady, Laura Bush, served as honorary chairperson. Former Surgeon General, David Satcher, was the summit chairman. Representatives from the fields of education, health, and nutrition represented Nevada and other states. The Nevada team shared information and ideas to help improve fitness and nutrition opportunities for Nevada’s children. One of my contributions is S.C.R. 12.
Prior to the summit, each sponsoring organization was asked to submit the name of one nominee for national Healthy School Hero. I was one of 27 people recognized. The money received from the Robert Wood Johnson Foundation was to be donated to a project or program to inspire healthy choices for kids.
I decided to adopt Paul Culley Elementary School in Las Vegas, to establish a pilot program in health and fitness. It is my hope the success of the Paul Culley Elementary Healthy School Program can be replicated in other schools, with no cost. A running program during recess was established. The students ran laps and kept track of their mileage to measure their progress. The school has a vigorous intramural sports program for the upper grades, which includes soccer, basketball, and football. Sunrise Hospital personnel instructed students on hygiene, health, and nutrition. In physical education classes children are learning how to log what they eat, become aware of food groups, and food choices. Nutrition specialists designed lesson plans on health and nutrition, which includes reading labels for nutritional values, and making the appropriate calculations for healthy dietary choices.
Based on a national survey, 70 percent of the children in this country need healthy role models to make healthy choices. A yoga and the Teacher Walkie‑Talkie program was established. This helps teachers feel better, grow healthier, and set an example for their students.
Senate Concurrent Resolution 12 has substantial statistics and data that underscore what the Nevada Healthy Schools Team discussed at the summit.
Obesity is the number two preventable cause of death in this country. It is directly related to increased risk in other health conditions. Obese children and adolescents seem to remain obese in adulthood. The two primary causes of this are lack of physical activity and poor nutrition. Lack of physical activity in a child’s early years will cause reduced alertness, decreased productivity in the classroom, and affect social and emotional development.
Poor nutrition negatively affects the behavioral and cognitive development of young children. This is associated with increased educational failure. We have the opportunity to create change by providing healthy choices and encouraging children to make these choices. Senate Concurrent Resolution 12 is one tool to accomplish this goal.
In the final Resolved portion of S.C.R. 12, there is a distribution list for the resolution. We hope people who need this information and can help young people will put S.C.R. 12 to work. I urge your support for S.C.R. 12.
Vice Chairman Cegavske:
I attended a conference where we were enlightened and given education about the health of our children in Nevada and throughout the nation. It was very distressing to hear the children in Nevada were ranked high in obesity, diabetes, and other health issues. When there is a need to cut areas in a school district, physical education has been an issue the Healthy Choices Program could help parents and children have reinforcement at home. This resolution is suggestive and informative, not mandating. Health costs in America are skyrocketing and are connected with your statements concerning health and physical activity.
Senator Wiener:
The program at Paul Culley Elementary School is voluntary and the children participate because they love doing it. Enthusiasm spreads easily when you feel good about yourself. Half of the staff participates in the teachers’ program. Children learn how to read labels, calculate healthy balance in their eating choices, and may teach their parents the values they are learning.
I spoke to the Clark County School District about the program. There is a highly successful movement for young people who have an interest in sports to measure against their own performance and not compete with others. This establishes pride and control over their own performance.
Vice Chairman Cegavske:
We have two persons in Las Vegas who wish to testify on this issue. Bobby Gang has stated support of S.C.R. 12.
Theresa (Terri) Malone, Lobbyist, Nevada Board of Education, and Nevada Board of Occupational Education
I have provided the committee with a publication called Nevada State Profile (Exhibit C). On page 2 there are the Nevada school statistics; page 3 has information concerning Nevada’s health behaviors, risks, and other data concerning food programs. Included are comments about the Legislature and sources for people who are seeking information on this subject.
Senate Concurrent Resolution 12 will be able to be linked from the Website. On page 7 there is a category entitled Nevada State Standards and Assessment.
Vice Chairman Cegavske:
If you wish to summarize your comments, you will find the committee is supportive of this resolution.
Ms. Malone:
I wish to address previous comments concerning information for parents. One of the goals Nevada established is increased student participation in the breakfast program. School principals will be receiving informational packets so they can plan for the next school year. In the beginning weeks of the school year all parents will receive a letter expressing the need for their children to participate in the school breakfast program.
Barbara Lislie, Food Service Department, Clark County School District:
The language on page 3, lines 28 through 31, encourages children to make proper decisions. It does not matter what we do in the school environment if poor decisions are made outside of school. In Nevada, the National School Lunch Program’s (NSLP) and School Breakfast Program’s (SBP) meals must meet U.S. Department of Agriculture (USDA) standards. Most of the meals meet the USDA standards. The standard is 30 percent or less total fat calories and other calories that are adjusted for the age level. As part of the National School Lunch Program/Breakfast Program, we are working hard to do our part toward preventing childhood obesity. The regulations are in place to accomplish this goal. It is more than putting a regulation into effect. It is encouraging proper decisions outside of the school cafeteria environment. We support S.C.R. 12.
Vice Chairman Cegavske:
A group of concerned moms contacted me. Did you do a presentation at Green Valley High School?
Ms. Lislie:
No. In Clark County School District the majority of the high schools are not on this National School Lunch (NSLP) and School Breakfast Program (SBP).
Vice Chairman Cegavske:
A representative of the health district gave a presentation. The students’ parents were concerned about the food being served in the cafeteria. The representative of the health department resolved the concerns about the amount of junk food being served throughout the schools. Another concern is the food pyramid, which is being addressed by the federal government. In Nevada we need to review what is being served.
Ms. Lislie:
In the Clark County School District the meals are nutrient based. I do a nutrient analysis of the meals served.
Vice Chairman Cegavske:
Do you do an analysis of the fast food?
Ms. Lislie:
I am speaking about the NSLP and SBP.
Vice Chairman Cegavske:
Is the program free to students?
Ms. Lislie:
It is not free. There are students who purchase their meals. You are probably referring to pizza.
Vice Chairman Cegavske:
I am referring to pizza, Taco Bell, and Subway sandwiches.
Ms. Lislie:
Subway sandwiches are served in the high schools. Pizza Hut is in the middle schools as part of a planned menu with a variety of choices. Pizza is not on the menu every day. It is difficult to encourage students to eat healthy foods when they are children and looking for fun foods. We make sure there is a balance and variety of foods within the meal.
Vice Chairman Cegavske:
Do you serve French fries every day?
Ms. Lislie:
No, we do not. The schools are allowed to fry food. The middle schools are allowed to fry food once a week. I would not allow the practice if it were not for the equipment problem. Many of the schools are older and their equipment does not handle oven-based foods. In the master plan for the new middle schools, fryers will not be a part of the cafeteria’s equipment.
Vice Chairman Cegavske:
What is the plan for the high schools?
Ms. Lislie:
The high schools are not on the NSLP and SBP? The problem is other foods are sold within the schools.
Vice Chairman Cegavske:
Are there vending machines and candy shops still available to students during the lunch hour? The federal government said if a school has them and they are receiving federal money, the money could be withdrawn.
Ms. Lislie:
We do not have a problem with the schools participating in the program because there are regulations for what, where, and when foods can be served.
Dorothy B. North, Lobbyist
I am testifying on behalf of myself. Please keep in mind that poverty plays a big part in this issue because fast food is cheaper than buying groceries. People on limited incomes find the cheapest food to feed their children.
Vice Chairman Cegavske:
I will entertain a motion on S.C.R. 12.
SENATOR WASHINGTON MOVED TO ADOPT S.C.R. 12.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND NEAL WERE ABSENT FOR THE VOTE.)
*****
Vice Chairman Cegavske:
I will open the hearing on Senate Concurrent Resolution (S.C.R.) 15.
SENATE CONCURRENT RESOLUTION 15: Encourages Department of Human Resources to study problem of alcohol and drug abuse by teenagers and young adults while driving motor vehicles. (BDR R-4)
Senator Wiener:
Senate Concurrent Resolution 15 addresses the problem of teenagers and young adults who drink or abuse drugs while operating a motor vehicle.
For the record: This resolution is in response to a request I received long before we adjourned the last session 2 years ago. I was contacted by the organization Aluminum Anonymous to introduce a measure to increase legislative and public awareness about teens and young adults who drink or abuse substances while operating a motor vehicle. … Senate Concurrent Resolution 15 is not intended to condone underage drinking. It was originally crafted to address the dangers that alcohol or drug consumption impose upon a driver, especially those 15-to 25-year-olds who may be participating in that activity on our streets and highways. This is the focus of the resolution.
I have met with Laura Stadler, Lobbyist, Mothers Against Drunk Driving (MADD), to discuss any misrepresentation the resolution may convey. I have asked Ms. Stadler to submit amending language. I understand S.C.R. 15 may be placed in a work session. I do have language and changes to help the resolution fit into the format. I can bring them to a work session.
Vice Chairman Cegavske:
Do you want to present any additional information at this time?
Senator Wiener:
I want to mention for the record: “I have talked with Mrs. Stadler about the concern and will submit the amending language to the committee for a work session document.”
Vice Chairman Cegavske:
In section 2, line 28, does state it “encourages the Department of Human Resources,” also, on page 3, line 15 “if” is used indicating there is no mandate or fiscal note.
Senator Wiener:
It is a strong statement from the Legislature and is an issue of concern to us. It is an “urge and encourage” issue. If money were available, there is hope it would be done.
Vice Chairman Cegavske:
Is there any federal funding available? There is money for different studies. Possibly the pharmaceutical companies might be willing to do a clinical study on this issue.
Senator Wiener:
Young people ages 15 to 25 years of age using alcohol and drugs is the primary focus of this resolution. The 2001 Youth Risk Behavior Survey indicated 30 percent of Nevada’s high school students reported having ridden in an automobile with someone who has been drinking. Research shows the peak fatality age is 21 for those under the influence of alcohol. Alcohol-related accidents are next highest among 19-, 20-, 22-, and 23-year-olds. The National Transportation Safety Board reports 21- to 24-year-olds have the highest percentage of alcohol-related driver deaths.
Four hundred and seventy three million dollars come to Nevada on substance abuse. We did check to make sure the number is correct, especially when only 1 percent is used for prevention and treatment. The number comes from a study done by Columbia University and is direct and indirect dollars.
I hope to use the resolution as a marketing tool for the people and organizations listed in S.C.R. 15. The Legislature can make a statement and educate the public by using resolutions.
Vice Chairman Cegavske:
Automobile accidents are the number one killer of teenagers. What you are bringing forth are some of the reasons it is number one. Alcohol, drugs, and lack of experience behind the wheel are all concerns. The Department of Motor Vehicles could help with this study or they might have information. The Nevada Highway Patrol and Las Vegas Metropolitan Police (Metro) in Clark County keep records of the reason for accidents.
Senator Wiener:
There is a law enforcement statistic in the resolution. Any assistance from public agencies would be helpful.
Laurel A. Stadler, Lobbyist, Mothers Against Drunk Driving (MADD) – Lyon County Chapter:
I have several amendments (Exhibit D) to propose to S.C.R. 15. When you address teenage drinking and driving, there is the perception you condoned underage drinking. There are many mixed messages going out to young people. We would not like to see S.C.R. 15 send another wrong message. Youth have been overrepresented in vehicle-crash data for many years. Programs to address this issue such as graduated driver licensing laws (GDL) have been proven to be successful in reducing crashes and fatalities. To further impact these numbers, a study needs to be done to determine why the youth are so overrepresented in the drinking data. Youth account for the consumption of 1.1 billion cans of beer annually. They also drink 35 percent of all wine coolers. The study is needed because our federal, State, school district funds, and community grants are being used to promote programs that condone underage drinking. Why do principals allow their schools to be involved with programs using staff time and allowing students to promote “Don’t drink and drive” messages to students who are clearly under the legal drinking age? The only appropriate message to those under the age of 21 is “don’t drink.”
When the Every Fifteen Minutes program was presented in Carson City, the closing statement was, “We simply ask you to consider this, if you drink, don’t drive.” To make this statement to a young person clearly condones underage drinking. A similar program was presented in Reno at the Spanish Springs High School. There is a copy of the article from the newspaper on page 2 (Exhibit D). The student leader said, ”We are doing this so kids won’t drink and drive.” Adults make the excuse the teenagers are going to drink and drive anyway. This would change if the whole community would send a clear, consistent “no use” message to young people. To be effective and get everyone on the same page, we believe this resolution needs to be amended to reflect everyone’s commitment to a “no use” message to those under the age of 21. Our mission with MADD is to stop drunk driving, support the victims of this violent crime, and prevent underage drinking.
Senator Wiener:
There are some minor changes to be made. In the amendments proposed by MADD (Exhibit D) move the verbiage, ”for many years” and place it after the first, “Whereas.” Remove the verbiage, “and must address the alcohol and drug use and abuse by those 21 to 25 years old while operating a motor vehicle.” Where you have deleted line 31 on page 2; to make it clear and address your concerns about underage drinking, substitute “use” for “abuse,” because they should not be using drugs. Place a comma after 21 to 25. On the amendment language, “work to prevent drinking and drug use by those under 21 by incorporating new researched-based instead of, science-based. It would be a broader use of language in the resolution.
Mrs. Stadler:
Resource- and science-based would be appropriate. Many of the new programs are science-based programs on how alcohol affects the brain.
Senator Wiener:
We will offer the proposed language to the committee in a work session. Shall we say, programs and new technology?
Mrs. Stadler:
Yes.
Senator Wiener:
In the last paragraph, third line, after “addressing” add “methods of alcohol and drug abuse.” On the fourth line, change “the strategy” to “strategies.”
Vice Chairman Cegavske:
If this is the only amendment being offered, it is the committee’s decision to take a vote.
Senator Nolan:
I am supportive of this resolution. I am respectful there may be others who wish to testify on the issue.
Vice Chairman Cegavske:
It would be prudent for the committee to hear all the testimony before we decide to take action.
Sarah Stadler, Youth Coordinator, Mothers Against Drink Driving:
The average age for first alcohol consumption in 1987 was 17 years of age. Today, the average age is 12 years of age. The estimate is 11,000 young people try alcohol for the first time each day in our country. The 2001 Nevada Risk Behavioral Study reports 50 percent of middle school students and 80 percent of high school students have been underage drinkers. Middle school and high school students have their first drink of alcohol at age 8 or younger. I point out these statistics because S.C.R. 15 needs the proposed amendments. The resolution focuses on alcohol and drug abuse by teenagers and young adults while driving motor vehicles. As the resolution is written, it condones underage drinking. It sends a mixed message to teenagers regarding alcohol use. The message needs to be “don’t drink.” Our MADD chapter has focused our efforts to educate everyone to send a clear, consistent “no use” message to everyone under the age of 21. We become frustrated when studies and programs address societal problems like teen drinking and driving, teen pregnancy, and the dropout rate without addressing the root problem of underage drinking.
My health teacher asked, “What was wrong with the film you watched?” In the film, teens were getting drunk, and the parents said, “call me when you get too drunk so you will have a safe ride home.” I said the problem was the consumption of the alcohol because the teens were underage; therefore, it was illegal and we need a clear, consistent “no use” message. My teacher responded, “No, the problem is when teens get too drunk they forget to call and get a safe ride home.”
I believe this resolution with the proposed amendments would encourage the Department of Human Resources to effectively study ways to prevent underage drinking starting in elementary school, which will help reduce alcoholic problems. I have presented MADD programming at all school levels. I believe the more realistic, science-based programs such as MADD Protecting You/ Protecting Me, and our local MADD alcohol awareness programs are more effective and provide longer lasting results.
Vice Chairman Cegavske:
You are correct. When we are approached to bring the alcohol level for teens or adults to a certain point, I thought the message was we do not want people to drink and drive. Why are we saying it is all right to have a little alcohol in your system while you are driving? We send the wrong message. If you are driving or operating any motorized vehicle, there should be no alcohol consumption. You are correct in your message to teens that drinking is illegal until you are 21 years old.
Marie Canfield, Chief, Bureau of Alcohol and Drug Abuse, Department of Human Resources:
I will read from prepared testimony (Exhibit E). I do not want you to construe my testimony as opposing the resolution. Senate Concurrent Resolution 15 encourages the Department of Human Resources (DHR) to study the problem of adolescents and young adults who drink and use drugs while driving. It encourages DHR to collaborate with the Department of Transportation, department of Public Safety, and Department of Education to conduct a study. This study would require staff resources, equipment, development of data collection procedures, computer programming for data analysis, and extensive collaboration between agencies. The department agrees with the intent of S.C.R. 15 and its recognition that youth substance abuse is a serious problem. This study is not in the department’s budget. Without additional resources, it will not be possible for DHR to undertake the study.
Vice Chairman Cegavske:
Senator Wiener and I were discussing grants that may be available for this project. The Department of Public Safety might be helpful and there may be people in the audience who could assist in finding funding. Is there an estimation of the cost?
Ms. Canfield:
No, we have not been requested to do a formal analysis.
Dorothy B. North, Lobbyist, NVAADAPTS/Nevada Alliance for Addiction Disorders:
It is difficult to coordinate and correlate data in Nevada because we do not have a central data collection system. Ms. Canfield is correct when she says getting the project together is not going to be easy. There is a need for further dialog as to the approach for this undertaking. Not only does this issue concern underage use and a “no use” policy, but also many children are predisposed to alcoholism. They have driving under the influence accidents and fatalities.
Vice Chairman Cegavske:
There are pharmaceutical companies looking for treatment facilities that would undertake a study to use their drugs to help in this type of project. Would this be an opportunity for treatment facilities to be approached?
Ms. North:
It would be an opportunity.
Vice Chairman Cegavske:
Would you help us look into this?
Ms. North:
Yes.
Vice Chairman Cegavske:
Now would be the time to speak to the pharmaceutical lobbyists because they are here at the Legislature.
SENATOR MATHEWS MOVED TO AMEND AND ADOPT S.C.R. 15.
SENATOR WASHINGTON SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON, NOLAN, AND NEAL WERE ABSENT FOR THE VOTE.)
*****
Vice Chairman Cegavske:
There being no further business for this meeting, I will adjourn this meeting at 12:49 p.m.
RESPECTFULL SUBMITTED BY:
Patricia Vardakis,
Committee Secretary
APPROVED BY:
Senator Barbara K. Cegavske, Vice Chairman
DATE: