MINUTES OF THE
SENATE Committee on Human Resources and Facilities
Seventy-second Session
April 14, 2003
The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 1:30 p.m., on Monday, April 14, 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 Joseph Neal
Senator Bernice Mathews
Senator Valerie Wiener
COMMITTEE MEMBERS ABSENT:
Senator Maurice E. Washington (Excused)
Senator Dennis Nolan (Excused)
GUEST LEGISLATORS PRESENT:
Assemblywoman Sheila Leslie, Assembly District No. 27
Assemblyman Walter Andonov, Assembly District No. 21
STAFF MEMBERS PRESENT:
H. Pepper Sturm, Committee Policy Analyst
Cynthia Cook, Committee Secretary
OTHERS PRESENT:
Kathy Bartosz, Committee for Protection of Children, Department of Human Resources
Janelle Mulvenon, Program Administrator, Community Connections, Department of Human Resources
Charles W. (Chuck) Fulkerson, Executive Director, Office of Executive Director for Veteran’s Services, Office of Veterans’ Services
Joseph Helfrich
Robert King, Acting Executive Director, State Dairy Commission, Department of Business and Industry
Anna Vickrey, Environmental Health Specialist, State Dairy Commission, Department of Business and Industry
Chairman Rawson:
We will open the hearing on Assembly Bill (A.B.) 201.
ASSEMBLY BILL 201: Revises provisions relating to awards of money made by Committee for Protection of Children from Children’s Trust Account to certain agencies, organizations or institutions. (BDR 38-1041)
Assemblywoman Sheila Leslie, Assembly District No. 27:
There were 37 grants awarded this past year totaling close to $1 million to nonprofit groups working on child abuse and neglect issues. The grants have supported a crisis hot line and referral service, a Safe Kids program in rural Nevada, parenting skills and education, family counseling, and support groups. This bill will increase the length of the award period for a grant to a maximum of 3 years. By allowing the Committee for Protection of Children to make awards for multiple years, programs will be able to focus on program implementation. The language in the bill is permissive, does not require multiple year funding, and programs will be reviewed annually to evaluate goals and objectives.
Kathy Bartosz, Committee for Protection of Children, Department of Human Resources:
The Committee for Protection of Children consists of the following seven members, with at least one member residing within a county whose population is less than 100,000: the administrator, a superintendent of a county school district appointed by the director of the Department of Human Resources, a director of a local agency providing services for abused or neglected children appointed by the director of the Department of Human Resources, and three members of the general public with knowledge of or experience in services to prevent abuse or neglect of children appointed by the Governor.
Chairman Rawson:
Is this the fund which had some excess monies this year?
Janelle Mulvenon, Program Administrator, Community Connections, Department of Human Resources:
There is a reserve. The Committee for Protection of Children is proposing to increase the pass-through amount to the community organizations.
Chairman Rawson:
Are you talking about raising the fees that bring money into the program?
Assemblywoman Leslie:
The birth certificate fees were raised, but they were unconnected to this grant program. Unless we choose to put some of the increased fees into this fund, they will go to the General Fund.
Chairman Rawson:
We will suspend the hearing on A.B. 201 and open the hearing on A.B 306.
ASSEMBLY BILL 306: Authorizes military funeral under certain circumstances for deceased veterans whose bodies are not claimed by relatives. (BDR 37-767)
Assemblyman Walter Andonov, Assembly District No. 21:
Throughout the nation people feel we should repay our debt to those who make our peace and prosperity possible, America’s military veterans. All Americans who served their country deserve honor and respect in life and dignity in death. The intention of this bill is to allow veterans groups to participate in a display of gratitude. When a homeless or indigent veteran dies in Nevada, and nobody claims the body, the remains will be held for 30 days. The body is then sent to the Anatomical Dissection Committee, University and Community College System of Nevada. Assembly Bill 306 permits groups such as the Veterans of Foreign Wars, United States Marine Corps League, and American Legion to claim the body and perform a dignified military funeral for the individual. Charitable and religious organizations are empowered to claim bodies and provide funerals. This bill will allow veterans groups to apply for a plot at a State veterans’ cemetery on behalf of deceased veterans. The bill has no fiscal impact since federal law prescribes that veterans are eligible for a free burial.
Senator Wiener:
Are there any statistics to show how many of our military men and women may qualify for this legislation?
Assemblyman Andonov:
We do not have actual data, but in Nevada approximately one-third of our homeless population are veterans.
Charles W. (Chuck) Fulkerson, Executive Director, Office of Executive Director for Veteran’s Services, Office of Veterans’ Services:
I agree with the statistic; approximately one-third of homeless individuals are veterans.
Senator Cegavske:
How do we identify the veterans among the homeless population?
Mr. Fulkerson:
Often it is difficult to discern the identity of a deceased homeless individual. This bill will provide recognized veterans’ organizations the same authority as fraternal organizations. The United States Marine Corp League has taken the project to the national level in order to ensure all veterans are afforded the opportunity to receive a dignified military funeral.
Joseph Helfrich:
The United States Marine Corp League learned at a national convention that veterans remains were going unclaimed. We thought this could be addressed on a national level, however it is necessary to do it state by state. We are in the process of forming a coalition of veteran organizations in southern Nevada to remedy this once the law has been changed.
Chairman Rawson:
We will indicate an individual may be able to designate the contribution of body parts if they desire.
SENATOR WIENER MOVED TO DO PASS A.B. 306.
SENATOR CEGAVSKE SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON AND NOLAN WERE ABSENT FOR THE VOTE.)
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Chairman Rawson:
We will return to the hearing on A.B. 201. This legislation would be permissive and allow grants to be approved for up to 3 years. Not all of the grants would be for 3 years. It was originally set up for grants of 1 year. In practice, 3 years would reduce the time spent preparing the grant applications. The programs would be able to focus on implementation of goals.
Senator Cegavske:
Will other grants in the State be affected by this legislation?
Chairman Rawson:
We would not go to 3-year grants in other areas, because that would bind future sessions of the Legislature. This is money that goes into a reserve for the Committee for Protection of Children. It seems appropriate in this case to open it up to 3 years. They are an Executive Branch subject to audits by the State Board of Examiners and the Budget Division. The committee is required to follow all of the Nevada Administrative Code guidelines.
Senator Cegavske:
It is stated in the bill awards of money are made to certain agencies, organizations, and institutions. Do we know which entities are awarded money?
Chairman Rawson;
I have not seen a list of organizations to whom monies have been awarded. Some of the money is used for advertising, some goes to Clark County and Washoe County Social Services.
Senator Wiener;
Will the programs who are awarded a 3-year grant be subject to an annual review?
Chairman Rawson:
Yes, the programs will be required to provide an annual review.
SENATOR MATHEWS MOVED TO DO PASS A.B. 201.
SENATOR WIENER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON AND NOLAN WERE ABSENT FOR THE VOTE.)
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Chairman Rawson:
We will open the hearing on A.B. 111.
ASSEMBLY BILL 111: Makes various changes related to processing and sale of dairy products. (BDR 51-539)
Robert King, Acting Executive Director, State Dairy Commission, Department of Business and Industry:
The bill will require disclosure of governmental actions taken against a distributor licensee where such disclosures are not currently required. It adds a new definition to a term used in statute which is not clearly defined. Since the commission issues permits rather than licenses, the bill clarifies language to include permits. Assembly Bill 111 deletes requirements for milk products to be divided into three separate classes. This gives the commission flexibility to have more than three classes of fluid milk. The bill extends from 2 months to 6 months the requirement for pasteurization plants to keep time and temperature records
Senator Neal:
Why is there a proposed extension for records to be retained for 6 months?
Anna Vickrey, Environmental Health Specialist, State Dairy Commission, Department of Business and Industry:
We are required to follow federal regulations which require a 6-month retention of the records.
Mr. King:
The bill places existing fees into statute, as suggested by the Legal Division of the Legislative Counsel Bureau. These fees have not changed.
Chairman Rawson:
Is it wise to put the amount of the fees in statute? You would have to come back to the Legislature if you wanted to change them.
Mr. King:
I do not have the answer to your question. We followed the guidance of the Legal Division of the Legislative Counsel Bureau.
The bill allows for alternate testing, regarding the richness or percentage of milk fat in cream, in addition to a test known as the Babcock test.
Chairman Rawson:
Do you think the public health is appropriately safeguarded?
Ms. Vickery:
There are many faster methods for doing the testing, and using them would have no impact on public health. This is to help the industry and the State Health Laboratory located at the University of Nevada, Reno.
Mr. King:
If a civil or criminal action is brought by any governmental agency against a licensee, the State Dairy Commission is to be notified and provided with information regarding the action. The bill will allow dairy assessments to be postmarked by the 20th day of the month.
Chairman Rawson:
How does the industry feel about the changes you have presented?
Mr. King:
In most instances, the industry has not expressed feelings about the suggested changes. It was through industry input that the change for the due date of the assessments was proposed.
Senator Wiener:
Do the new definitions in sections 2 and 3 respond to some of the concerns you expressed when testifying before the Senate Committee on Judiciary?
Mr. King:
This bill was proposed long before that time, and has nothing to do with those meetings. The definitions do not cut any industry out of business in Nevada.
Senator Neal:
Will you please explain the difference between a license and a permit.
Mr. King:
Licenses have always been issued by the State Dairy Commission to those responsible for the sale and distribution of dairy products. Permits, issued to plants and truck haulers, were previously issued by the Health Division. Since 2001 they have been issued by the State Dairy Commission.
Senator Neal:
What are examples of other testing procedures mentioned in section 10?
Ms. Vickery:
There is a Gerber test method similar to the Babcock test, except the vials are easier to clean. There is sophisticated expensive electronic equipment which gives immediate results. Each facility will determine their best method.
Senator Wiener;
Is there something that prompted statutory language concerning civil or criminal actions in section 11?
Mr. King:
There was no specific occurrence that prompted the language. Robert R. Barengo, Chairman, State Dairy Commission, thought the members needed a little more power to make decisions on licenses.
SENATOR NEAL MOVED TO DO PASS A.B. 111.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS WASHINGTON AND NOLAN WERE ABSENT FOR THE VOTE.)
*****
Chairman Rawson:
This meeting is adjourned at 2:22 p.m.
RESPECTFULLY SUBMITTED:
Cynthia Cook,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE: