MINUTES OF THE
SENATE Committee on Human Resources and Facilities
Seventy-second Session
May 2, 2003
The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 12:04 p.m., on Friday, May 2, 2003, in Room 2135 of the Legislative Building, Carson City, Nevada. The meeting was videoconferenced to the Grant Sawyer State Office Building, Room 4401, 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 Bernice Mathews
Senator Valerie Wiener
COMMITTEE MEMBERS ABSENT:
Senator Dennis Nolan (Excused)
Senator Joseph Neal
GUEST LEGISLATORS PRESENT:
Assemblywoman Genie Ohrenschall, Assembly District No. 12
Assemblywoman Sheila Leslie, Assembly District No. 27
STAFF MEMBERS PRESENT:
H. Pepper Sturm, Committee Policy Analyst
Cynthia Cook, Committee Secretary
OTHERS PRESENT:
Larry L. Spitler, Lobbyist, American Association of Retired Persons
Thelma Clark, Lobbyist, Silver Haired Legislative Forum
Fred L. Hillerby, Lobbyist, Nevada State Board of Nursing
Harriett Trudell
Michael J. Capello, Lobbyist, Washoe County
James F. Nadeau, Lobbyist, Washoe County Sheriff’s Office
Nancy K. Ford, Administrator, Welfare Division, Department of Human Resources
Leslie Danihel, Chief, Eligibility and Payments, Welfare Division, Department of Human Resources
Chairman Rawson:
We will open the hearing on Assembly Bill (A.B.) 349.
ASSEMBLY BILL 349 (1st Reprint): Makes various changes concerning older Nevadans. (BDR 38-973)
Assemblywoman Genie Ohrenschall, Assembly District No. 12:
The senior population in Nevada is growing at an amazing rate. The 2002 interim report to the Legislature by the Nevada Silver Haired Legislative Forum made several recommendations. Assembly Bill 349 recognizes the need for the forum to hold additional public hearings throughout the State. The bill will allow the forum to hold any number of hearings. The second part of the bill requires the Board of Medical Examiners and the State Board of Nursing to encourage those who treat persons over 60 years of age to receive continuing education.
Larry L. Spitler, Lobbyist, American Association of Retired Persons:
We are here today to lend our support to A.B. 349. Our country lacks a comprehensive system to serve the needs of older citizens. Because of relatively low rates of unemployment, it is becoming difficult to recruit staff members to provide either nursing home or home care services at salaries they will accept. We recognize the responsibility of federal and state governments to ensure delivery of quality long-term care. New methods of insuring the quality of long‑term care services must be found. This bill provides a good beginning to ensure proper care of elderly Nevadans. Knowledge of delivery of health care, behavioral, social, and emotional aspects of the aging process encompass a sound foundation for this training.
Senator Mathews:
Would it add to the cost if the Nevada Silver Haired Legislative Forum was to hold additional meetings?
Assemblywoman Ohrenschall:
This is not a request for additional funds. The individual committees meet in the areas where they are housed.
Thelma Clark, Lobbyist, Silver Haired Legislative Forum:
We need to have meetings during the Legislative Session in order to review bills concerning seniors, and decide whether to support or oppose the bills.
Senator Cegavske:
The bill encourages each licensee who treats persons more than 60 years of age to receive continuing education in geriatrics and gerontology. Are such courses available? I would also like to know if there are nutrition guidelines available for those who care for the elderly.
Assemblywoman Ohrenschall:
The university offers such courses at no additional cost. The Assembly heard a great deal of testimony from the University and Community College System of Nevada, and the Sanford Center for Aging. I do not know specifically of nutrition courses.
Fred L. Hillerby, Lobbyist, Nevada State Board of Nursing:
The board is in support of this bill.
Chairman Rawson:
I might indicate, for the record, I believe our Legislative Counsel Bureau staff supports the Nevada Silver Haired Legislative Forum. If there are more meetings scheduled, there will be some increased burden. I believe the director of the Legislative Counsel Bureau can deal with that through contract staffing.
Harriett Trudell:
I am a member of the Nevada Silver Haired Legislative Forum. It has been an excellent experience for me. Continuity will be improved if we meet more often.
SENATOR WIENER MOVED TO DO PASS A.B. 349.
SENATOR CEGAVSKE SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, NOLAN, AND NEAL WERE ABSENT FOR THE VOTE.)
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Chairman Rawson:
We will open the hearing on A.B. 378.
ASSEMBLY BILL 378 (1st Reprint): Authorizes licensing authority and agency which provides child welfare services to obtain direct access to certain records of criminal history of Federal Bureau of Investigation for the placement of children in emergency situations. (BDR 38-1117)
Assemblywoman Sheila Leslie, Assembly District No. 27:
I am bringing this bill forward on behalf of the child protective service agencies in order to facilitate the safe placement of children. I have worked with Clark and Washoe Counties, and the Division of Child and Family Services. To my knowledge they all are in agreement with A.B. 378. Basically, child protective service agencies will be able to obtain criminal history records for the purpose of placing abused and neglected children in appropriate emergency residences.
Michael J. Capello, Lobbyist, Washoe County:
This bill will enable child welfare agencies to remove children who are in an abusive environment and place them in a safe setting. Currently many children are required to go to a formal shelter. Often there are relatives who have been identified early, but their backgrounds have not been checked. This bill gives the opportunity, in emergency circumstances, to determine whether or not individuals who are a placement option have a criminal background. It will help the child by relieving some of the stress of coming into the larger place. When appropriate we will have an immediate background check. Under the current system we are required to fingerprint and submit the fingerprint cards. The process can take from 3 to 4 months. In northern Nevada it takes approximately a week to do a local background search. Part of the bill will enable those searches to be done in a more timely manner.
Senator Cegavske:
Are the people who would be investigated on a preexisting list?
Mr. Capello:
Under current placement regulations, a parent could not request the children be placed with a close family member. The Adoption and Safe Family Act of 1997 (Public Law 105-89) has put a burden on child welfare agencies to go through evaluations. In the past, when there was a close relative, we were more flexible. The hope is this bill will let us access the Federal Bureau of Investigation Interstate Identification Index quickly.
Chairman Rawson:
Will this allow a child to be placed in a family member’s home quickly, or would the child be placed in a shelter for a short time?
Mr. Capello:
The criminal background check can be done immediately. The procedure is similar to checking a license plate. We will know within several minutes whether or not the individual being checked has a criminal history. As A.B. 378 states, we will then fingerprint the individual as a confirmation.
James F. Nadeau, Lobbyist, Washoe County Sheriff’s Office:
The Washoe County Sheriff’s Office supports A.B. 378.
SENATOR CEGAVSKE MOVED TO DO PASS A.B. 378.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, NOLAN AND NEAL WERE ABSENT FOR THE VOTE.)
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Chairman Rawson:
We will open the hearing on A.B. 501.
ASSEMBLY BILL 501 (1st Reprint): Makes various changes to provisions governing welfare and other programs of public assistance. (BDR 38-516)
Nancy K. Ford, Administrator, Welfare Division, Department of Human Resources:
I will read prepared testimony in support of federal changes required within the Temporary Assistance to Needy Families (TANF) program (Exhibit C).
Chairman Rawson:
Page 2, lines 28 through 34 essentially gives the agency subpoena power.
Ms. Ford:
As the administrator of the Welfare Division, I have subpoena power to get information concerning eligibility in existing statute.
Chairman Rawson:
The section I am looking at is new language.
Ms. Ford:
The authority of the Welfare Division and the Division of Health Care Financing and Policy has been intermixed. In order to clear up the authority, there is language throughout the bill allocating to the director of the Department of Human Resources or his designee. We can then allocate from the department level
Chairman Rawson:
Section 18 of the bill requires an evaluation for individuals requiring additional services. Is this like an outreach where we can expect to see an increase in caseload?
Ms. Ford:
No, this is for an individual who has applied for benefits and may be eligible. The division will do the evaluation. I would like to point out this is a federal requirement. This is just setting the language.
Chairman Rawson:
Essentially A.B. 501 has a negative fiscal note. Are you expecting to save money with this bill?
Ms. Ford:
When the fingerprint requirement is deleted from the Kinship Care program there will be a savings.
Chairman Rawson:
What we are trying to be assured about is that we are not changing a basic presumption that will add a significant fiscal note.
Ms. Ford:
We are trying to avoid any fiscal note. I will continue to review the changes outlined in Exhibit C.
Chairman Rawson:
Once we go to the regulatory process the voter and their representatives are out of the procedure. That is an overstatement, but there are certain checks and balances by having it in statute. Once it goes into regulation you have greater authority, and we have less authority. I am not trying to give you a hard time. I am just curious as to why we want to give you the regulatory authority.
Ms. Ford:
The changes are necessary in order to comply with federal requirements. Federal requirements will take precedent over State requirements in order to receive funding. We have a very active and involved advocacy community in the State who will make sure we are providing all we can. We are required to give a 45-day notice for regulations in this area.
Chairman Rawson:
Senator Washington was actively involved in the original TANF legislation. Are you aware of any concerns he has about this legislation?
Ms. Ford:
I do not think this runs contrary to any of Senator Washington’s concerns. Most of the sanction policies came through the Governor’s office.
We are proposing to delete the requirement caretakers submit to fingerprinting and criminal background checks. When an individual has applied for Kinship Care, they must have obtained legal guardianship through a court. Part of the court process requires fingerprinting and criminal background checks.
Senator Wiener:
Page 12 repeals the definition of a qualifying relative. Would you explain the repeal of a qualifying relative?
Ms. Ford:
The Legal Division of the Legislative Counsel Bureau moved the definition to page 11, line 17 of the bill.
Leslie Danihel, Chief, Eligibility and Payments, Welfare Division, Department of Human Resources:
Deleting the fingerprinting requirement creates the fiscal savings in this bill. There was $17,000 allocated over the biennium to do the process.
SENATOR WIENER MOVED TO DO PASS A.B. 501.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON, NOLAN, AND NEAL WERE ABSENT FOR THE VOTE.)
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Chairman Rawson:
We will open the work session on A.B. 70.
ASSEMBLY BILL 70 (1st Reprint): Limits certain fees which providers of health services that accept insurance payments may collect from patients. (BDR 40-33)
H. Pepper Sturm, Committee Policy Analyst:
There is a proposed amendment submitted by the Nevada State Medical Association (Exhibit D).
Chairman Rawson:
This has been a controversial bill. If there is no desire for discussion or action by the committee, we will go on to A.B. 132.
ASSEMBLY BILL 132 (1st Reprint): Provides that certain proceedings concerning abuse or neglect of children are presumptively open to public. (BDR 38‑689)
Mr. Sturm:
I will review the proposed amendments outlined on Exhibit E.
Chairman Rawson:
I think we might consider preparing language to allow a pilot project in the Eighth Judicial District. The project would have a reporting requirement and a sunset provision. I think everybody on the committee has some concerns about this legislation. Previous testimony has presented a compelling argument to be able to proceed in this area. I do not want to close off anything that may be progressive to us, but I believe we need to move slowly.
Senator Wiener:
Would we prescribe the pilot program based on testimony we have heard?
Chairman Rawson:
We would go ahead with the initial hearing closed and subsequent hearings open. In other words, the compromised bill would be the pilot project.
Senator Cegavske:
I am concerned about the openness of the plan. I suggest we put this on work session for next Wednesday in order to give us time to review the proposals.
Chairman Rawson:
The deadline for action is May 16, 2003. We will schedule a work session for Wednesday, May 7, 2003.
Senator Mathews:
Is there a reason we did not look at the language “presumptively closed?”
Chairman Rawson:
I looked further and had staff examine the Utah approach. During testimony some judges reacted to the language “presumptively closed.” They said it would increase their burden, slow the process, and probably involve more hearings and attorneys. We went further, but I am not saying we will not consider such language.
Senator Mathews:
My concern is if left to the discretion of the judges to close a hearing it might be important.
Chairman Rawson:
The judges did not want to decide on every case. That prompted the strong reaction. ”Presumptively closed” may be a reasonable compromise.
Senator Washington:
Does the graph on page 2 of Exhibit E represent a compromise?
Chairman Rawson:
Assemblywoman Barbara A. Buckley, Assembly District No. 8, was involved in the compromise that produced this graph. She was agreeable to a pilot project in the Eighth Judicial District. The Honorable Gerald W. Hardcastle, Family Division, Eighth Judicial District Court, is not anxious to see further compromise, but is willing to accept it versus losing the bill.
Senator Mathews:
Did the committee sense there were problems with social service agencies rather than the need to keep records open? I sensed it was not so much the desire to open the records, but to embarrass social services enough to make some changes.
Chairman Rawson:
I believe we all have the same question. It is likely there are problems within our social services in need of correction. We probably need to scrutinize the process. The concern we all have is do we want to jeopardize the children in the process? This is one of those bills which every member of the committee must vote their conscience. We ought to make it very clear there should not be pressure on anybody. I hope by next Wednesday each of you will have time to speak to judges and other affected parties.
Senator Washington:
None of us here want to expose the children to such scrutiny when their lives have been turned upside down. Perhaps there is a glitch in the process, and a pilot project will give us some insight. Perhaps there is something we have missed.
Chairman Rawson:
If we do not try new ideas it is unlikely we will make progress. We just need to be very cautious. We will open the hearing on A.B. 218.
ASSEMBLY BILL 218 (1st Reprint): Revises provisions governing temporary alternative placement of disruptive pupils. (BDR 34-1276)
Mr. Sturm:
I will review the three proposed amendments in Exhibit F.
Chairman Rawson:
I have concerns about the punitive action of putting a principal’s salary on hold. Once started, the action can extend both ways. We do not want to act punitive with our teachers or administrators. I suggest we retain sections 7, 8, and 9, and delete the remainder of the bill. We have been requested to add proposed amendments numbers 2 and 3. I favor home-schooled children having access to interscholastic activities.
Senator Mathews:
I am not in favor of S.B. 218 because of withholding the salary of the principal. I have always believed children who are home schooled should have access to activities.
Senator Washington:
I am concerned about the third suggested amendment.
Chairman Rawson:
There are possibly more children medicated in school than should be, and it is probably done in an inappropriate manner.
Senator Washington:
If the parents approve and everything is done above board, then it is appropriate.
Senator Cegavske:
Many people believe psychotropic drugs help children who are hyperactive. There have been occasions when teachers recommend a parent take their child to a physician to be prescribed a drug. If a teacher senses a child may be hyperactive, the teacher should encourage the parents to have the child tested.
Senator Wiener:
I want to go on record with my concerns. This session I have not experienced the amending in of substantial provisions of a bill we did not hear. I have had no exposure on proposed amendments numbers 2 and 3, and it makes me cautious.
Chairman Rawson:
I understand your concern. There were hearings in the Assembly, but you are correct, we have not heard testimony on these issues.
SENATOR WASHINGTON MOVED TO AMEND AND DO PASS A.B. 218 WITH PROPOSED AMENDMENTS NO. 1, NO. 2, AND NO. 3.
SENATOR CEGAVSKE SECONDED THE MOTION.
Senator Mathews:
I do not have problems with the amendment providing home-schooled children access to interscholastic activities. I do have problems with the amendment concerning psychotropic drugs.
Chairman Rawson:
The motion before us includes all of the proposed amendments. Let us take a vote.
THE MOTION FAILED. (SENATORS MATHEWS AND WIENER VOTED NO, SENATORS NOLAN AND NEAL WERE ABSENT FOR THE VOTE.)
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SENATOR WIENER MOVED TO AMEND AND DO PASS A.B. 218 WITH PROPOSED AMENDMENTS NO. 1 AND NO. 2.
SENATOR MATHEWS SECONDED THE MOTION.
Senator Washington:
If this bill does not pass, can it be brought up again?
Chairman Rawson:
If you wish to wait for another day, we can do so.
Senator Wiener:
I will withdraw my motion until we have a larger committee.
Chairman Rawson:
We will schedule this for another work session. We will open the hearing on A.B. 315.
ASSEMBLY BILL 315 (1st Reprint): Requires State Health Officer or person designated by Administrator of Health Division of Department of Human Resources to analyze information reported by health facilities concerning cancer to determine trends in incidence of cancer. (BDR 40-75)
Mr. Sturm:
The two proposed amendments for this bill are summarized in Exhibit G.
Chairman Rawson:
I am not sure this bill is necessary. There has been considerable response from the State in trying to understand the cancer cluster in Fallon. I understand the State may be receiving some awards because of the efforts made. I believe the bill is redundant, but I am willing to process it. We can put language into the bill as requested by the State epidemiologist.
Senator Wiener:
What is the meaning of the term “statistically significant” as used in the amendment suggested by the State epidemiologist?
Chairman Rawson:
It can be a small measurable value, and the statistical significance is not always known.
Senator Washington:
Are you suggesting we put the request by Randall L. Todd, Dr. P.H., State Epidemiologist, Health Division, Department of Human Resources for a letter of intent into the bill?
Chairman Rawson:
It could be put into the bill. Let us refine the suggestions on this, and bring it back to the next work session. We will open the hearing on A.B. 396.
ASSEMBLY BILL 396 (1st Reprint): Requires Clark County School District to continue program for replacement of certain schools. (BDR S-1007)
SENATOR WIENER MOVED TO AMEND AND DO PASS A.B. 396.
Chairman Rawson:
The amendment would restore the term “pilot program” so the school district can leave the plan intact and design schools beyond the standard plans. There may be special programs built into the minority schools with additional costs. To do that, the term “pilot” is necessary.
Senator Mathews:
It is only in design, not in curriculum.
Chairman Rawson:
By using a different design, you can have a different facility.
SENATOR WASHINGTON SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NOLAN AND NEAL WERE ABSENT FOR THE VOTE.)
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Chairman Rawson:
We will open the hearing on A.B. 509.
ASSEMBLY BILL 509: Revises provisions governing review of decision of board of trustees to close or change use of particular school. (BDR 34-1294)
Mr. Sturm:
It has been proposed by a committee member to delete the involvement of the state board as contained in the bill, and replace the petition process with a provision to allow an individual to seek a judicial review of the decision in the local district court.
Chairman Rawson:
Senator Neal raised a valid concern about mixing the petition process with due process. I am concerned when a single disgruntled person can cause continued reviews. I suggest we might allow the final decision of the school board to be subject to judicial review. There is no reason to have the State Board of Education involved in a local district issue. This is a rural issue and does not affect Clark and Washoe Counties. When the rural areas lose population, schools may need to be closed. These are tough decisions, and once they are made we need to allow a mechanism for a final resolution.
SENATOR WASHINGTON MOVED TO AMEND AND DO PASS A.B. 509.
SENATOR CEGAVSKE SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NOLAN AND NEAL WERE ABSENT FOR THE VOTE.)
*****
Chairman Rawson:
There being no further business at this time, I will adjourn this meeting at 1:24 p.m.
Cynthia Cook,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE: