The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 2:30 p.m., on Friday, April 2, 1999, 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 Valerie Wiener

COMMITTEE MEMBERS ABSENT:

Senator Michael Schneider (Excused)

STAFF MEMBERS PRESENT:

Cynthia Cook, Committee Secretary

OTHERS PRESENT:

Bill Darrow, Athletic Director, Needles High School, Needles, California

Jeff Knutson, Coach, Moapa Valley High School, Overton

David Hart, Coach, Fernley High School, Fernley

Charles (Steve) Williams, Lobbyist, Washoe County School District

Lezlie Porter, Concerned Citizen

James Huckabee, Concerned Citizen

Eric Bobrick, Concerned Citizen

Don Beno, Principal, North Tahoe High School, Tahoe City, California

John Wojcik, Student

Michelle Prado, Student

Ed Turner, Athletic Director, North Tahoe High School, Tahoe City, California

Dennis LeBlanc, Principal, Tahoe Truckee High School, Truckee, California

Sara Ford, Student, Tahoe Truckee High School, Truckee, California

Robby McClendon, Student, Tahoe Truckee High School, Truckee, California

Elia Burrill, Student, Tahoe Truckee High School, Truckee, California

Jackie Giorgi, Athletic Director, Coleville High School, Coleville, California

Andy Ringnes, Student, Coleville High School, Coleville, California

Roy Hargrave, Concerned Citizen

Warren Mills, Teacher, North Tahoe High School, Tahoe City, California

Bill Darrow, Athletic Director, Needles High School, Needles, California, testified most California schools that compete in Nevada have been doing so for as many as 30 years. The border towns that compete are very close to Nevada and the residents do most of their business with Nevada firms. Mr. Darrow said S.B. 489 targets an issue previously addressed by the Nevada Interscholastic Activities Association (NIAA). California students would have few opportunities to compete, and students traveling great distances could be in danger.

Jeff Knutson, Coach, Moapa Valley High School, Overton, spoke in favor of S.B. 489. He averred that many parents, administrators, and students have been resentful of the injustice of California athletes winning Nevada championships. There have been numerous attempts to change this within the NIAA. California schools have won Nevada championships 74 times. Mr. Knutson read statistics from a survey of coaches and administrators (Exhibit C) which indicate the majority agree that only high schools within Nevada should be allowed to compete for Nevada high school athletic state championships. Mr. Knutson told the committee that Coach David Hart from Fernley High School would clarify methods other states use to manage border schools. The survey of coaches and administrators included 2A and 3A leagues only, because of time constraints.

David Hart, Coach, Fernley High School, Fernley, explained Nevada is the only state that allows schools located outside of the border to win state championships. Other states have dual conferences, wherein the schools compete together during the season, and advance from conference play to post-season playoffs in the state where they are located. Mr. Knutson added efforts have been made to implement this method in Nevada through the NIAA.

Charles (Steve) Williams, Lobbyist, Washoe County School District, in answer to an inquiry by Senator Mathews, stated Nevada students who attend California schools are allowed to participate in all school activities.

Chairman Rawson closed the hearing on S.B. 489 and opened the hearing on S.B. 385.

Lezlie Porter, Concerned Citizen, read prepared testimony in support of S.B. 385 (Exhibit D).

Chairman Rawson closed the hearing on S.B. 385 and opened the work session.

Proposed amendments to S.B. 365 are detailed in the work session document (Exhibit E.). The committee agreed with an amendment by Steve Tognoli, District Chief, Mason Valley Fire Fighters Association. The amendment proposes: to change the name of the body from a commission to a board; changing "fireman" to "firefighter" throughout; including private emergency medical services and industrial emergency medical services representation on the commission; specifying appointments; and suggesting funding for the commission’s activities through the division’s general fund.

George W. Pyne, Lobbyist, Executive Officer, Public Employees’ Retirement Board, Public Employees’ Retirement System (PERS), stated the board’s objection to S.B. 431. The bill would exempt a retired employee who accepts employment with a charter school as a teacher from provisions that he or she is disqualified from PERS retirement benefits during the duration of that employment. Mr. Pyne submitted an amendment to S.B. 431, which would "sunset" the exemption at the end of 2 years. At that time a comprehensive study on the impact of the bill will be complete.

Pepper Sturm, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, testified that the consensus amendments on pages 16 and 17 of Exhibit E were proposed by the Southern Nevada Strategic Planning Authority and agreed to by all parties testifying.

Mr. Sturm testified legislative staff worked with the Aging Services Division and the Bureau of Licensure and Certification, Department of Human Resources, to address concerns raised by residential care home operators. The proposed amendment is on pages 18 and 19 of Exhibit E. Theresa Brushfield-Owens, an operator of a group home, submitted an amendment to restrict the ability of a person to operate more than one registered home.

Senator Mathews stated she could not see any reason to restrict the amount of homes operated by one person, particularly if they are doing a good job. The committee took no action on S.B. 163.

An amendment submitted on behalf of the Nevada State Education Association would delete section 1, subsection 3, paragraph (b), lines 38 through 40 that states nothing in this section: "Requires a school district or charter school to administer rules that discriminate against or discourage voluntary religious activity or speech by pupils on school property."

Chairman Rawson stated the committee does not seem to have reached consensus on this bill, and there will be no action taken on it.

Chairman Rawson reopened the hearing on S.B. 489.

Mr. Knutson repeated that 70 percent of coaches and administrators surveyed support S.B. 489. Such changes have been done in the past within the California Interscholastic Federation (CIF). In a letter from Peter J. Saco, Commissioner, CIF, Sac-San Joaquin Section, to Jerry Hughes, Executive Director, NIAA, Mr. Saco said the option of competing during the regular season in the NIAA, and then competing with the CIF Sac-San Joaquin Section during the section and state playoffs is not a realistic choice. Mr. Knutson affirmed that response is unreasonable. Passage of S.B. 489 could create an atmosphere of cooperation between the NIAA and the CIF. This situation exists successfully in six other locations across the country. In answer to an inquiry by Chairman Rawson, Mr. Knutson said options do exist in order to maintain goodwill between the states. Those in favor of S.B. 489 are not asking for removal of out-of-state schools from the NIAA, just that they not compete for state titles. The criteria for participation in the NIAA and the CIF are reasonably alike according to Mr. Knutson.

Chairman Rawson asked if schools who are Nevada State Champions are in favor of the bill. Mr. Knutson stated Moapa Valley High School has won championships in many sports, and the school and local residents favor the bill. A separate award for schools located in Nevada may not be a realistic solution.

James Huckabee, Concerned Citizen, voiced support for S.B. 489. Mr. Huckabee who is a retired principal from Battle Mountain High School said that in addition to the 12-hour day a student might spend on a bus, the student is also missing a full day of school. As a taxpayer, Mr. Huckabee objects to the costs involved with transporting the athletes. An idea that has been suggested to the NIAA is a true far west championship that would include Oregon, Idaho, California, and Nevada.

Chairman Rawson announced additional testimony on S.B. 385 would be postponed until Wednesday, April 7, 1999. Those in the audience today may testify if they cannot return on Wednesday.

Concerning S.B. 489, Senator Washington asked if the possibilities of a far west championship have been explored. Mr. Hart testified that might not be possible under various state laws. Senator Washington said the more schools involved in a sport, the better the competition. Mr. Knutson repeated it is not the intention of the proposal to prohibit out-of-state schools from league play, just to prohibit them from participating in state championships.

Barbara Davis, Ed.D, Assistant Superintendent, Lake Tahoe Unified School District, South Lake Tahoe, California, stated the three areas of concern in opposing S.B. 489 are: the longstanding and satisfactory relationship Nevada and California schools have enjoyed, transportation safety, and the best interest of the students.

Steve Morales, Director of Facilities and Transportation, Lake Tahoe Unified School District, South Lake Tahoe, California, emphasized the boundaries seem to be set by the Sierra Nevadas rather than state lines. The time for a bus to travel to Nevada schools from Lake Tahoe is between 45 minutes and 1½ hours. Travel time to California schools is between 1¼ hours and 2¾ hours. Mr. Morales continued he did not think there would be any harm in investigating the idea of tournament play.

Tim Jaureguito, Football Coach, South Lake Tahoe High School, South Lake Tahoe, California, said excluding California schools from post-season play would be setting the students up for defeat. To play in the CIF would force the athletes to play teams about which they know nothing.

Frank Kovac, Athletic Director, South Lake Tahoe High School, South Lake Tahoe, California, spoke of economic issues. Residents in the South Lake Tahoe area do business in Nevada, and support Nevada business. Mr. Kovac believes S.B. 489 should be defeated for all of the reasons the committee has heard today.

Chairman Rawson hypothesized about compromise language to allow Nevada teams to walk away with a Nevada championship. Mr. Kovac held NIAA regulations describe the jurisdictions best, but at the end of the season perhaps there can be two designations. Chairman Rawson emphasized that is what he has in mind.

Mr. Knutson stressed he believes it is totally unacceptable for two California schools to be playing for the Nevada state championship. Additionally, Nevada state championships should be played within the state. Mr. Knutson added that Glen Adair, Principal, Carson City High School, supports S.B. 489.

Senator Amodei stated for the record that he has worked closely with Mr. Adair on several issues during this legislative session, and Mr. Adair has never mentioned S.B. 489. Senator Amodei continued he believes athletic competition is the fabric of small rural communities. The problems seem to be stemming from those schools at the 2A and 3A level.

Eric Bobrick, Concerned Citizen, asserted Federal Highway Administration statistics show fatalities are higher on two-lane roads than on four-lane roads. Mr. Bobrick stated he grew up in Yerington, and now teaches fifth grade there. Towns such as Yerington are centered on athletics and they support S.B. 489 .

Jerry Hughes, Ed.D, Executive Director, National Interscholastic Activities Association, testified in opposition to S.B. 489. He referred to a handout prepared by the association (Exhibit F). Page 7 is a history of California school memberships in the NIAA, going back to the 1950s. Pages 2 through 4 are the regulations for membership. Dr. Hughes stressed the NIAA makes decisions in the best interest of all members. In answer to an inquiry by Chairman Rawson, Dr. Hughes said the association meets four times annually, and the next meeting is scheduled for June. The makeup of the nine-member executive committee is: Las Vegas 5; Washoe County 2; Carson City, Douglas County, and Churchill County 1; and 1 member representing the rest of Nevada. Chairman Rawson opined members of the committee would make their decision based on a common ground or the wishes of their constituents, and he asked Dr. Hughes about the concept of a tournament. Dr. Hughes stated the NIAA would look at any recommendation put before them. In answer to Senator Amodei, Dr. Hughes said nearly all championship games are held in Nevada; however, the association does not look at state boundaries.

Dr. Hughes reiterated the idea of a tournament wherein a trophy would be awarded for state champion to schools located within the boundaries of the state, even if the NIAA champion was from out of state, may not be acceptable to Nevada coaches. Mr. Hart concurred. Mr. Knutson added S.B. 489 does not propose to revoke NIAA membership but to address the needs of small towns in rural Nevada. Mr. Knutson stressed the neglect of rural areas is supported by the fact there is a single representative on the NIAA executive committee.

Don Beno, Principal, North Tahoe High School, Tahoe City, California, introduced two students, John Wojcik and Michelle Prado; and Ed Turner, Athletic Director, North Tahoe High School, Tahoe City, California, who spoke in opposition to S.B. 489. Mr. Beno stated that as an educator, he is preparing students to deal with problems on a global level and the message being heard today by the athletes is confusing.

Senator Mathews stated the issue here seems to be football. Dr. Hughes informed Senator Mathews and the committee, NIAA regulations apply to all students in all sports.

Dennis LeBlanc, Principal, Tahoe Truckee High School, Truckee, California, introduced three students, Sara Ford, Rob McClendon, and Elia Burrill, who spoke in opposition to S.B. 489. Mr. LeBlanc added that the issue here really is football, and a Tahoe Truckee football issue. Tahoe Truckee has an excellent football program, and Tahoe Truckee wins.

Jackie Giorgi, Athletic Director, Coleville High School, Coleville, California, testified in opposition to S.B. 489. Ms. Giorgi has been associated with the Coleville schools for 43 years. She reviewed some Coleville history, which has been a part of the Nevada sports scene since 1939. Coleville participates in many activities with Nevada including 4H and rodeo. The school has won 7 athletic championships in the past 49 years.

Andy Ringnes, Student, Coleville High School, Coleville, California, testified the controversy stems from California schools winning NIAA championships. Allowing the California schools to compete in Nevada permits the students to focus more time to their studies. Traveling to the CIF schools would endanger lives. Master Ringnes thinks the NIAA should decide the fate of California schools participating in Nevada.

Roy Hargrave, Concerned Citizen, and Warren Mills, Teacher, North Tahoe High School, Tahoe City, California, voiced their objections to S.B. 489, referring to the testimony the committee has heard today.

Henry Etchemendy, Lobbyist, Nevada Association of School Boards, distributed testimony concerning S.B. 385 (Exhibit G).

Vice Chairman Washington adjourned the meeting at 6:10 p.m.

RESPECTFULLY SUBMITTED:

Cynthia Cook,

Committee Secretary

APPROVED BY:

Senator Raymond D. Rawson, Chairman

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