MINUTES OF THE SENATE COMMITTEE ON HUMAN RESOURCES AND FACILITIES Sixty-eighth Session March 3, 1995 The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 11:45 a.m., on Friday, March 3, 1995, in Room 226 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator Raymond D. Rawson, Chairman Senator Sue Lowden, Vice Chairman Senator Maurice Washington Senator Kathy M. Augustine Senator Bob Coffin Senator Bernice Mathews COMMITTEE MEMBERS ABSENT: Senator Joseph M. Neal, Jr. GUEST LEGISLATORS PRESENT: Senator Mike McGinness STAFF MEMBERS PRESENT: Kerry Carroll Davis, Senior Research Analyst Linda Chapman, Committee Secretary OTHERS PRESENT: Henry Etchemendy, Executive Director, Nevada Association of School Boards Daniel W. Fox, Superintendent, Pershing County School District Joan G. Kerschner, Director, State Library and Archives Clark D. Lee, Lobbyist, Nevada Library Association Sylvia Bartak, Librarian, Esmeralda County, Silver Peak Library Linda Deacy, Automation Librarian, Douglas County Public Library Brenda Baxter, Youth Services Librarian, Carson City Library Chairman Rawson advised there would be no work session following the regular meeting. He said there were a number of bills for committee introduction. He explained two were already drafted which were referred to the committee by Senator Randolph Townsend. BILL DRAFT REQUEST 40-1087: Requires license to operate service for transfer of patients from one medical facility to another. * * * * * SENATOR MATHEWS MADE A MOTION TO INTRODUCE BILL DRAFT REQUEST (BDR) 40-1087. VICE CHAIRMAN LOWDEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS NEAL AND WASHINGTON WERE ABSENT FOR THE VOTE.) * * * * * BILL DRAFT REQUEST 40-1362: Authorizes manufactured housing division to establish trust account for advance fees. * * * * * VICE CHAIRMAN LOWDEN MADE A MOTION TO INTRODUCE BILL DRAFT REQUEST (BDR) 40-1362. SENATOR MATHEWS SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.) * * * * * Chairman Rawson stated he received a letter from Senator Titus regarding the "potty parity" bill which she sponsored (Senate Bill 343 of the Sixty-seventh Session). He said she has since been contacted by a number of people in the hotel industry who have convention centers with huge restroom facilities that sit vacant a lot of the time. He stated there is a fair amount of cost involved in maintaining that equipment. He explained the convention centers would like to have an exemption to Nevada Revised Statutes (NRS) 444.350. He concluded saying Senator Titus asked the Senate Committee on Human Resources and Facilities to make the bill draft request since it is too late for her to make the request personally. Chairman Rawson stated he thinks her request is reasonable. SENATE BILL 343 OF THE SIXTY-SEVENTH SESSION: Requires certain facilities used by members of public to have sufficient number of water closets and urinals for use by patrons. * * * * * SENATOR MATHEWS MADE A MOTION FOR COMMITTEE INTRODUCTION OF A BILL DRAFT REQUEST. THE MOTION WAS SECONDED BY SENATOR AUGUSTINE. THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.) * * * * * Chairman Rawson said he received a letter from Scott Marshall, of Reno, Nevada, who came to his office with John Byrnes. He said they both have child care problems. He explained the City of Reno has recently tightened the regulations on child care providers to the point that neighborhood babysitters with more than two or three children have to meet such extensive requirements that it is cost prohibitive. Chairman Rawson said Mr. Marshall asked for some relief enabling him to follow some uniform state statute rather than those imposed by community regulation. Chairman Rawson said he has not made a determination on all of the factors relating to this issue, but thinks it seems reasonable to make a bill draft request. Vice Chairman Lowden agreed saying she had personal experience opening a nursery in Las Vegas. She said Clark County imposes different regulations than the City of Las Vegas. She concurred with Chairman Rawson saying it may be time to look at a statewide regulation. Senator Augustine said she thinks the legislature passed a bill pertaining to this issue which originated in the Assembly during the last session. She said her recollection is that it tightened up the regulations on child care facilities. Chairman Rawson stated there was a bill which tightened the requirements considerably, but said it left discretion to the local units, which in most cases have imposed further requirements in addition to requirements in the state bill. Senator Augustine asked if this situation is like the federal law where the state requirements can be more stringent than the federal standards, but not less. Chairman Rawson answered in the affirmative. Senator Mathews said the cities and counties main concern is the safety of the children. She expressed her opinion that Washoe County has gone a little overboard. She said she thinks the committee could look at new legislation without putting children in jeopardy. * * * * * SENATOR MATHEWS MADE A MOTION TO AUTHORIZE A COMMITTEE BILL DRAFT. VICE CHAIRMAN LOWDEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.) * * * * * Chairman Rawson stated there were two bills before the committee for hearing that day, and opened the hearing on Assembly Bill (A.B.) 66. ASSEMBLY BILL 66: Revises provisions governing the number of members on board of trustees of certain county school districts. (BDR 34-546) Henry Etchemeny, Executive Director, Nevada Association of School Boards (NASB), was first to testify. He said the bill was drafted at the request of the NASB. He said it originated with the Pershing County school board. He explained when the enrollment in a school district is less than 1,000, the current law states that the school board in that district will be comprised of five members. He said when their enrollment exceeds 1,000, the current law states that their school board will be comprised of seven members. He stated the concern in the Pershing County School District is their current enrollment is approximately 900, and at the point when their enrollment reaches the 1,000 mark, under current law, they will not have any option but to go to seven board members. He explained in Pershing County there is a very large geographic area, but pointed out that there is only one main population center as far as schools are concerned, that being Lovelock. He said realistically five members can serve their constituents in that county very well. He said he thought it might be "overkill" to have seven school board members with the enrollment limited to a single attendance area. Chairman Rawson asked if the language in the current bill would rectify that situation. Mr. Etchemendy answered in the affirmative. He said it would allow the county to make a choice when they reach the 1,000 enrollment number whether they want to remain at five members or automatically go to seven. He said it requires the county to adopt a resolution by December 31st of the calendar year preceding the general election to remain at five members. He said they must also have a public hearing on that resolution before it could be adopted. Vice Chairman Lowden asked if Senator Mike McGuiness, having been a rural school board member, had any comments regarding the bill. Senator Mike McGinness said he thinks as long as they have the public hearings, the bill will leave it up to the people to decide. Chairman Rawson brought up the issue of notice. He asked if posting of notices in three locations is adequate. Mr. Etchemendy said the requirement for notice conforms to the posting of agendas for meetings, and said he feels the requirement is adequate. Chairman Rawson asked Mr. Etchemendy if he has any objection to changing the wording from: "three different places in the school district" to "adequate notice." Mr. Etchemendy said he would not have any objections, but pointed out that there would then be local determination as to what constitutes adequate notice. Chairman Rawson addressed Mr. Daniel W. Fox, Superintendent, Pershing County School District, asking for his input on the matter. Mr. Fox explained that the local paper in Lovelock is not distributed throughout the entire county. He said they routinely post the agendas in all parts of the county. He said although the requirement is only three postings, the Pershing County School District typically posts notices in five places for meetings. He said they probably have better coverage that way than publishing in the newspaper. Chairman Rawson asked if items of this nature are routinely published in the paper. Mr. Fox answered in the affirmative. Chairman Rawson asked if this would not preclude publishing it in the newspaper. Mr. Fox again answered in the affirmative. Chairman Rawson thanked Mr. Etchemendy and Mr. Fox for their testimony, closed the hearing on A.B. 66, and opened the hearing on Senate Bill (S.B.) 232. SENATE BILL 232: Authorizes certification of personnel of public libraries by state librarian. (BDR 33-1428) Senator Mike McGinness came forth to testify on behalf of the bill. He explained Joan G. Kerschner, Director, State Library and Archives, asked him to initiate this bill. He said this is really a rural librarian's bill, which is designed to upgrade the level of education needed for rural librarians. He called attention to the fact that Washoe and Clark Counties, and the Nevada State Library require master's degrees for their librarians. He said although other counties can hire librarians with master's degrees, some do not, simply due to a lack of availability. He said there is not an American Library Association accredited library school in Nevada, and the low wages in some of the rural areas cannot attract those people who have masters degrees. He said that does not preclude the rural librarians from needing some formal education. He explained they have modern facilities with computers where they can access the University of Nevada, Las Vegas, engineering library or the medical library at the University of Nevada, Reno. He said in some areas, the rural libraries have contracts with local school districts to act as a school library. He stated over the past few years the rural librarians have worked with Ms. Kerschner and the State Library to develop a plan to certify librarians who serve in an area of population of 45,000 or less. He said the certification is parallel to requirements for school librarians, the only difference being the librarians do not need a teaching degree. He stated this bill authorizes any public library board to adopt these certification standards as minimum, although there would still be some local control. He said the certification would be added as part of the minimum standards for public libraries and used to develop priorities in access to federal and state funds. He said this would give the library boards the incentive to adopt certification as well. He said there is a fiscal note (Exhibit C) which would "anticipate 100 hours of staff time at $25.00 per hour average to administer this program at the State Library and Archives. It will be absorbed in the time allocated for library consultant staff to provide training to local libraries. No new funds are requested. Costs for classes are approximately $174.00 per 3 hour class. 21 hours required in a five year period. Costs will be paid by the individual seeking certification." He clarified in some cases the library will pay their costs, and in others the individuals will bear the cost themselves. He said 20 of Nevada's rural librarians have already enrolled in these classes. He said, most importantly, one of them is here today. He noted Silver Peak is in Esmeralda County, 225 miles from Carson City. He said the librarian here today, Ms. Sylvia Bartak, who does not drive, takes a bus from Silver Peak to Carson City to attend those classes. He said he thinks that demonstrates the dedication of rural librarians. Senator McGinness introduced Joan Kerschner who came forth to testify. Ms. Kerschner, who referred to prepared text (Exhibit D), said the State Library and Archives anticipate, initially, the rural librarians will be the ones who adopt this. She stressed they are very anxious to implement this plan. She said it would probably affect about 50 people. She explained the State Library and Archives has already absorbed much of their continuing education time. She said they currently have staff dedicated to providing this service. She said she thinks it will actually take some of the burden off of them when the librarians can take formal classes from the universities and get credit for them. She said they spend a lot of preparation time getting continuing education classes ready for them. She clarified the certification procedure itself was the time to which Senator McGinness referred. She said since there are a small number of people involved it would not require the full- time effort of a staff person. She said if Washoe or Clark Counties choose to adopt a certification program, the State Library and Archives would transfer a portion of that administration to them. Chairman Rawson complimented Ms. Kerschner on her contribution to the system, and expressed his appreciation for her services. Senator Augustine asked if the fingerprint requirement within the bill was initiated as a result of the librarians working with children. Ms. Kerschner explained that the bill was worded as closely as possible to the language within the school certification statutes. She emphasized the State Library and Archives wants people to take the same classes to be certified as a public librarian as they would to be certified as a school librarian. She said otherwise the university would not have adequate enrollment in those classes to provide them on a regular basis. She said they are working with the universities to make the curriculum consistent for both school and public librarians. She added that the public librarians do work with children on a regular basis and she feels it is appropriate to maintain the fingerprint requirement, although there is a fee charged for the fingerprinting. She explained the fee would be in the range of $35 to $50, and would be charged to the librarians. She said she had been contacted by Mr. Dennis Debacco, Department of Motor Vehicles and Public Safety, suggesting the wording in the school certification statute is outdated and informed her of the availability of better language in the vehicle licensing statute and advised her to make the substitution. She said they may have to ask for a technical amendment. Senator Augustine asked how much the certification would cost. Ms. Kerschner said since they are expecting a small number, and many of the people will take 3 to 5 years to complete the classes, they are not planning to charge anything at the present time. She said this bill would allow the state to charge the applicant up to $5 for the certification paperwork. Vice Chairman Lowden asked Ms. Kerschner what happens if the rural areas do not have anyone who is qualified to work in their libraries. She added rural districts often have difficulty trying to fill those positions, and wondered if these requirements might further complicate matters. Ms. Kerschner said it is for that reason we are proposing this bill. She recounted a scenario in Beatty, Nevada, where the county library has a contract with the school to be both the school and the community library. She said that required them to have a credentialed librarian. She stated when the long- standing librarian moved out of the community they looked for many months for a person with those credentials. She said it is difficult to attract credentialed librarians to those rural locations. She explained it is often preferable to hire a resident of the community and allow them to get those credentials because they are more likely to remain in the community. Vice Chairman Lowden stated this process could be accomplished presently without the passage of S.B. 232. Ms. Kerschner concurred, saying they started this program on a voluntary basis last fall. She said the class is taught through the University of Nevada Reno continuing education department. She said they had 56 applicants from the rural districts and Washoe County for a class which could only accommodate 25 people. She asserted the classes will be provided by the University of Nevada, Reno (UNR), and the University of Nevada, Las Vegas (UNLV). She said they know there is an ample market out there for these classes, since they presently have 72 people on their waiting list. Senator Augustine inquired why the fees for certification are returned to the General Fund. Ms. Kerschner reiterated the language was adopted from the school certification statute, but explained that she does not intend to charge a fee for the certification unless it becomes a burden to cover the postage and printing of the forms. Senator Augustine said Ms. Kerschner may want to consider an amendment to return those funds to the State Library and Archives, rather than the General Fund. Clark D. Lee, Lobbyist, Nevada Library Association, came forth to testify. He said from previous testimony he surmised there would not be any real change in the educational process that has already begun except in giving people credit for the classes they are taking. He said retention of employees is desirable and feels this is a method of providing the librarians with the ammunition to request and receive pay raises which would encourage them to stay in their positions. Vice Chairman Lowden asked Mr. Lee if a certified librarian went to the library board for a salary increase, and the county could not afford it, if he thinks those librarians might be disillusioned and leave their positions. Mr. Lee said he did not think salary increases would be the primary motivation for continuing education, but rather a by- product which would be helpful to rural librarians. Vice Chairman Lowden asked if Ms. Bartak wished to comment on her continuing education. Ms. Bartak said she is totally for it. She explained she has completed 1 year of library science education. She said through the Library Services and Construction Act funding and the rural workshops she is able to better serve her community. She said the Silver Peak Library has new computers, and without the certification program providing necessary training for rural librarians, she would not be prepared to assist her community in the use of computers. Linda Deacy, Automation Librarian, Douglas County Public Library, was last to testify. Reading from prepared text (Exhibit E) she conveyed Carolyn Rawles-Heiser's (Director, Douglas County Public Library) position on the bill. She went on to present her own testimony (Exhibit F) expressing her support for the bill. Brenda Baxter, Youth Services Librarian, Carson City Library, presented written testimony to the committee (Exhibit G). Chairman Rawson asked Senator Mathews to check with bill drafting and bring a recommendation to the committee regarding new language in S.B. 232. He said he would like to review the other language before requesting an amendment. Vice Chairman Lowden referring to line 2, page 38, asked it the bill could be amended to state if fees are collected, they be returned to the state library rather than going into the General Fund. She said she would like to see the money stay within the library system. Chairman Rawson said if that amendment is requested, the bill then becomes the province of the Senate Committee on Finance. He said it would certainly slow the bill down this session, and asked the committee to consider that aspect. He said that the state library's budget is approved by the Senate Committee on Finance, and those fees would be viewed in the overall picture. There being no further discussion, Chairman Rawson closed the hearing on S.B. 232. Chairman Rawson asked if there was anything in A.B. 66 that would cause the committee to hold that bill. * * * * * SENATOR AUGUSTINE MADE A MOTION TO DO PASS A.B. 66. VICE CHAIRMAN LOWDEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS COFFIN AND NEAL WERE ABSENT FOR THE VOTE.) * * * * * There being no further business before the committee, Chairman Rawson adjourned the meeting at 12:35 p.m. RESPECTFULLY SUBMITTED: Linda Chapman, Committee Secretary APPROVED BY: Senator Raymond D. Rawson, Chairman DATE: Senate Committee on Human Resources and Facilities March 3, 1995 Page