MINUTES OF THE
ASSEMBLY COMMITTEE ON WAYS AND MEANS
Sixty-seventh Session
May 1, 1993
The Assembly Committee on Ways and Means was called to order by Chairman Morse Arberry, Jr., at 8:00 a.m., on Saturday, May 1, 1993, in room 352 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda.
COMMITTEE MEMBERS PRESENT:
Mr. Morse Arberry, Jr., Chairman
Mr. Larry L. Spitler, Vice Chairman
Mrs. Vonne Chowning
Mr. Joseph E. Dini, Jr.
Mrs. Jan Evans
Ms. Christina R. Giunchigliani
Mr. Dean A. Heller
Mr. David E. Humke
Mr. John W. Marvel
Mr. Richard Perkins
Mr. Robert E. Price
Ms. Sandra Tiffany
Mrs. Myrna T. Williams
COMMITTEE MEMBERS ABSENT:
None
STAFF MEMBERS PRESENT:
Mark Stevens, Fiscal Analyst
Gary Ghiggeri, Deputy Fiscal Analyst
Mark Stevens, Fiscal Analyst, explained the placement and funding of the weights and measures program needed to be determined. The Executive Budget recommended transferring the program from the Department of Agriculture to the Department of Transportation. Mr. Stevens explained subsidies from the highway fund within the Department of Transportation's budget were recommended for the weights and measures program. The legislative counsel and the Attorney General reviewed whether using highway funds in this manner was permissible.
Brenda Erdoes, Chief Deputy Legislative Counsel, reported highway funds were limited to highway construction and administration. Therefore it was inappropriate to use highway funds for the weights and measures program. Secondly the transfer of gasoline on which the tax is based occurs between the wholesaler and the retailer. The weights and measures program is concerned with the accuracy of the device which measures the transfer of gasoline between the retailer and the consumer. Ms. Erdoes commented the Attorney General concurred with this conclusion.
Ms. Giunchigliani concluded the program could not be funded as recommended by the Governor.
Mr. Stevens asked if highway funds could be utilized for the weights and measures program if it was located in another budget. Ms. Erdoes replied it was inappropriate to use highway funds in this manner, the location of the program was inconsequential.
Mr. Spitler asked if the federal government could assess a penalty for improper use of highway funds. Ms. Erdoes replied although a specific penalty would not be assessed, if funding was found to be unconstitutional, the state General Fund would be required to pay back all highway funds used for the weights and measures program. As a result the weights and measures program would be unfunded over the biennium.
Chairman Arberry asked if the weights and measures program was funded as recommended by the Governor could federal highway funds be withheld. Ms. Erdoes presumed the court would not withhold funds, instead the court would halt the use of highway funds for the weights and measures program.
Speaker Dini commented the original intent of the highway fund, to build and repair highways, could not be met if resources were constantly being used for other programs. He said using federal highway funds for programs which were more appropriately funded by the state's General Fund was poor public policy.
Chairman Arberry concurred with Speaker Dini's comments.
Mrs. Evans asked concluded the committee had two options: (1) fund the program as recommended by the Governor at the risk of loosing funds or (2) make an additional General Fund allocation. She asked the amount of the additional General Fund allocation. Mr. Stevens explained reallocation of the weights and measures program and adjustments to the plant industry account would cost approximately $180,000 - $190,000 per year from the General Fund. He explained a proposal to raise fees for the weights and measures program by $110,000 per year would also be recommended.
Mr. Price asked if problems with the funding mechanism had been discussed by the Budget Office. Mr. Thorne replied the issue had been discussed although no problem was foreseen. He emphasized the issue was whether it was legitimate for the Department of Transportation to administer the weights and measures program.
Ms. Giunchigliani asked if federal highway matching funds were at risk as well. Speaker Dini replied every $1 of state funds was matched by $1.38 of federal highway funds. He explained if $600,000 was removed from the highway fund for the administration of other programs the state would lose a significant amount in federal matching funds.
Mr. Spitler stated this issue was analogous to an issue in the Assembly Committee on Taxation. The Executive Branch supported a bill which would allow tribal entities to retain proceeds from the gas tax in order to finance schools.
Mr. Marvel asked if the state would be sanctioned if federal highway funds were used for the weights and measures program. Ms. Erdoes explained it was unconstitutional to use highway funds in this manner. However, federal regulatory ramifications for the Department of Transportation had not been researched.
SUBCOMMITTEE REPORT ON MH/MR, HEALTH AND REHABILITATION
Mrs. Williams said as chairman of the Ways and Means Subcommittee on MH/MR, Health and Rehabilitation, she appreciated the opportunity to report the subcommittee's recommendations to the Ways and Means Committee. She thanked the members of the subcommittee, Ms. Giunchigliani, Mr. Perkins and Mr. Heller, for their hard work and contributions in formulating the recommendations she would be reporting on.
The subcommittee conducted four meetings including the subcommittee's work session in reviewing the Health Division's eighteen budgets. The subcommittee unanimously agreed with each of the budgetary recommendations which she would explain shortly with two exceptions, the budget recommendations for the Special Children's Clinics and the Communicable Disease Control Program. For each of these two programs, the subcommittee determined the Executive Budget's funding recommendations for the 1993-95 biennium were insufficient to address current program service needs. It was the subcommittee's desire to provide additional resources to address caseload backlogs currently experienced at both the Las Vegas and Reno Special Children's Clinics and to address medical treatment needs for TB indigent recipients who were eligible for state support but must be turned away due to the TB program's inadequate funding support. However, the subcommittee realized in light of the state's current fiscal dilemma, it would not be fiscally prudent to propose funding increases for these two programs. She drew the committee's attention specifically to two areas of budgetary concern since they would be issues which the money committees would once again face when the 1995 legislature convenes. The following represents the major findings and recommendations made by the subcommittee:
OFFICE OF THE STATE HEALTH OFFICER - PAGE 785
The Executive Budget has included reorganization savings representing the salary value of the Bureau Chief Health Planning position and that position's administrative support costs. The 1991 legislature transferred the Bureau Chief Health Planning position, as well as the entire health planning component, to the State Health Officer's budget from the Director's Office, Department of Human Resources. The 1991 legislature felt a more critical focus could be developed on public health promotion and disease prevention and access to care by relocating health planning within the Health Division. The Bureau of Health Planning's functions and responsibilities would not change or diminish with the reorganization. In fact, this bureau had become far more active since its transfer, and was the Health Division's point program for developing a health planning focus to meet Healthy Nevadans Year 2000 goals and objectives, and to develop linkages among health related state and local public databases. It was determined the potential loss of this position would have a significant impact for the continued progress the Division had made in the health planning arena. The subcommittee working with the Health Division, determined an existing vacant Health Analyst position could be deleted, and that position's salary savings applied toward the reorganization savings of the Bureau Chief position. This would allow for the retention of the Bureau Chief Health Planning position at no additional cost to the General Fund. The subcommittee requested the approval of this recommendation.
The subcommittee further proposed the Health Division's sole Computer Programmer Analyst position, recommended to be transferred to the proposed Information Technology Services Division be retained within the Health Division and fully funded. The 1989 legislature approved this position for two primary reasons. First, the Division was rapidly becoming a large PC based user of computer services and lacked the internal full-time support and expertise to coordinate the development of new systems and their appropriate integration with existing systems. Secondly, the Division could not afford full-time support from the Department of Data Processing. From testimony received during the course of the subcommittee hearings, and from information provided by the Health Division on the position's responsibilities and backlog of projects, it became apparent to the subcommittee that continuous full-time in-house data processing support was essential for maintaining the Division's information services needs.
The subcommittee in their study of the Vocational Rehabilitation Division determined the Bureau of Alcohol and Drug Abuse (BADA) program should be retained within the Vocational Rehabilitation Division and not be transferred to the Health Division as recommended in the Executive Budget. The subcommittee recommended BADA transfer back an accounting clerk position which had been recommended to be transferred to the State Health Officer's budget.
VITAL STATISTICS - PAGE 790
The Executive Budget has included reorganization savings representing the salary value of the Bureau Chief, Health Information and Data Management position and that position's administrative support costs. This position was originally approved by the 1989 Legislature with passage of AB 456 which created the state's only Biostatistician. Although the position currently had a different classification title, the role of the position as envisioned by the 1989 Legislature was still valid and the output provided by this position had become intricately linked with the various Health Division programs dependent upon this resource. For example, as the state's only Biostatistician, this position provided the statistical analysis required for developing the annual Maternal Child Health Block Grant and the statistical analysis for interim reporting. This position also developed the statistical format measurement tools for conducting risk factor surveys of Nevada adults and youths and more importantly, provided the technical interpretation of the data collected. Information of this nature was used when developing health policy which transcends division lines. This position also provided the statistical analyses for all Health Division morbidity and mortality reporting and provided all statistical analyses for the Division's efforts in planning strategies to meet the Healthy Nevadans Year 2000 goals and objectives. It became readily apparent to the subcommittee the potential elimination of this position would have serious programmatic implications which would impact the development of sound public health policy determinations. The subcommittee, working with the Health Division, identified additional Maternal Child Health Block Grant funds which could be used to retain the Biostatistician position. The Division projects the annual MCH block grant award would be higher than previously anticipated as a result of the new federal apportionment formula based upon the 1990 census data. The Health Division indicated they had no reservations regarding the use of MCH block grant funds for this purpose since the block grant's mandatory federal reporting requirements were very extensive and the information was primarily compiled from the Vital Statistics Program and statistically analyzed and prepared by the Biostatistician. The subcommittee recommended the approval of the alternative funding solution to allow the retention of this obviously vital position.
MATERNAL CHILD HEALTH SERVICES (MCH) - PAGE 803
The subcommittee recommended the Advisory Board on Maternal Child Health as established with passage of AB 327 by the 1991 Legislature be continued as a separate and distinct board and not consolidated with the State Board of Health as proposed in the Governor's reorganization. Funding for the Maternal Child Health Advisory Board members' per diem and travel costs would be offset with Maternal Child Health Block Grant funds.
The subcommittee recommended transferring $185,814 from the Maternal Child Health services budget's FY 94 medical care allocation to the MCH budget's FY 1995 medical care allocation to more equitably distribute medical care funding between each fiscal year of the 1993-95 biennium. The Governor's budget as currently recommended, provides approximately $282,000 less in the medical care expenditure authorization for FY 95 when compared to the FY 94 medical care expenditure authorization level. The Health Division indicated they had no objection to this recommendation which would provide a basis for the provision of consistent medical care services. There would be no additional costs to the General Fund.
The subcommittee recommended the effective date for hiring three new positions recommended in the Executive Budget for administering the "Baby Your Baby" program be changed from October 1, 1993 to July 1, 1993. The Interim Finance Committee, at their April 12, 1993 meeting, approved the start up costs for the "Baby Your Baby" program which would be initiated in FY 93. This recommendation would allow for program continuity.
SPECIAL CHILDREN'S CLINIC - PAGE 808
As indicated earlier, the primary issue the subcommittee faced in reviewing the budget for the Special Children's Clinics in Las Vegas and Reno was the continuing backlog of children waiting to begin treatment services and children waiting for evaluations and re-evaluations. Currently, the waiting list for treatment in Las Vegas was 53 children and for Reno 36 children. The waiting lists were projected to increase in Las Vegas to 56 children for FY 94 and to 59 children for FY 95; and, in Reno to 37 children for FY 94 and to 38 children for FY 95 based upon the current funding levels recommended in the Executive Budget. The subcommittee was extremely concerned sufficient funding resources were not available this biennium to address the backlog now being experienced and which would continue to grow during the 1993-95 biennium. However, the subcommittee also realized fiscally, it is not possible at this time to come before this committee and recommend significant funding increases. Therefore, the subcommittee in their review of the Special Children's Clinic budget attempted to identify areas which may indirectly assist the agency in managing the waiting lists and had attempted in their recommendations to provide the Health Division a greater degree of administrative flexibility. This was accomplished by reducing the level of vacancy savings recommended in the Executive Budget for both fiscal years of the 1993-95 biennium. The subcommittee did not want to have the clinics address the vacancy savings levels recommended by having to artificially hold positions vacant which would further exacerbate the existing waiting list problem. Therefore, the subcommittee recommended reductions in the vacancy savings levels which would be offset with increases in the General Fund appropriation to this budget.
COMMUNITY HEALTH SERVICES - PAGE 813
The Executive Budget recommended reorganization savings representing the salary value of a Community Health Nurse IV position and its support costs. The Community Health Nurse position targeted for elimination is an Advanced Practitioner of Nursing (APN) and was originally approved by the 1989 Legislature. This position was originally approved to function as a roving nurse to provide back-up nursing support in the 19 primarily rural clinics and 44 satellite locations in the 15 rural counties. Since 1989, the Community Health Nurse position has undertaken a variety of other responsibilities in addition to the back up nursing support. These include overseeing the Division's family planning efforts, development of written nursing protocols for all community health nurse positions and back up support for the Chief of Health Nursing. The Health Division provided the subcommittee information which indicated the elimination of this position would result in a decrease of over 1,000 direct clinic services for cancer screening, family planning and sexually transmitted diseases, the elimination of back up support for rural clinics while the primary nurse was away, the elimination of the adult immunization program, minimal supervision of field nurse practitioners and the elimination of special projects in rural Nevada such as prevention efforts for teenage pregnancy.
The subcommittee working with the Health Division had been able to identify additional Federal Family Planning Grant funds in the Family Planning budget which could be used to support the Community Health Nurse IV position's salary and administrative costs. Therefore, the subcommittee recommended the Community Health Nurse IV position be transferred to the family planning budget. This would allow for the continuation of nursing services in rural areas without drastic reductions identified by the Division. Additionally, no General Fund increases were necessary to maintain this vital rural medical service.
STATE HEALTH LABORATORY - PAGE 818
The Executive Budget recommended reorganization savings representing the salary value of the Laboratory Supervisor position and its support costs. In reviewing this recommendation, the subcommittee determined the Governor's reorganization proposals did not in any way impact or reduce environmental chemistry and microbiology and clinical microbiology testing services provided at the State Health Laboratory. In actuality, testing services and work load performed by the State Health Laboratory had increased steadily each fiscal year. The elimination of this position would have a significant impact on the mission of the laboratory by reducing its capability to generate the $1.64 million in laboratory fees recommended in the State Health Laboratory's budget for the 1993-95 biennium. The subcommittee learned that the laboratory supervisor position spends approximately 65 percent of its time either on the laboratory bench performing lab work which generated fees, as the State's Water Laboratory Certification Officer as part of the Safe Drinking Water Program or as the Milk Laboratory Evaluation Officer for the FDA. The FDA would not allow contracting with other organizations as a certifying agency and to maintain primacy for the safe drinking water program was contingent on providing water laboratory certification services. If this position was eliminated, considerable expense would be incurred to train and certify other laboratory staff to perform these functions. The Division also indicated the loss of this position would most likely result in the discontinuance of the brothel testing program which generates approximately $125,000 annually and the HIV testing program for the Department of Prisons. The subcommittee recommended the Laboratory Supervisor position be retained and the reorganization savings associated with the value of this position be deleted from the State Health Laboratory budget. A General Fund appropriation was recommended to implement this recommendation.
SEXUALLY TRANSMITTED DISEASE CONTROL - 825
The subcommittee recommended modifications which would allow for the receipt of increased federal Ryan White Grant funds and Aids Surveillance Grant funds which were anticipated for both fiscal years of the 1993-95 biennium. The additional Ryan White Grant funds would be directed to expanding medications offered under the state's Drug Assistance Program for eligible HIV-infected persons as well as infected persons served by community based organizations. The additional Aids Surveillance Grant funds would be used for statewide studies and surveys testing the reliability and validity of HIV reporting and case investigation.
FAMILY PLANNING PROJECT - PAGE 828
As indicated earlier, the subcommittee recommended the Community Health Nurse IV position in the Community Health Services Budget, targeted as reorganization savings be transferred to the Family Planning Project budget. The subcommittee, in working with the Health Division, identified additional Federal Family Planning Grant funds in the amount of $28,000 per year which would offset a portion of the position's salary and support costs. Although the Division did not have written confirmation from the Federal Department of Health and Human Services, they were optimistic Federal Family Planing Grant funds would be made available to cover the total Community Health Nurse position's salary and support costs for both fiscal years of the 1993-95 biennium. The Division did not anticipate having to raise fees to cover this position's costs.
COMMUNICABLE DISEASE CONTROL - PAGE 832
The subcommittee recommended the Communicable Disease Control budget be approved as recommended by the Governor. As indicated earlier, the subcommittee was extremely concerned that sufficient resources had not been provided this program especially in light of the increased prevalence of TB now being experienced nationwide and the serious implications of drug resistant strains of TB. The subcommittee, in testimony, learned the Health Division must prioritize services the TB program would cover which led to the denial of payment for hospitalization costs and residential care costs for eligible TB infected indigent clients. The subcommittee would express their hope as the fiscal complexion of the state improves, additional funding resources be made available to the disposal of the Communicable Disease Control Program.
WIC FOOD SUPPLEMENT - PAGE 836
The subcommittee recommended that USDA grant funding for the WIC Program be augmented by approximately $3 million for FY 94 and $4.2 million for FY 95. The increased availability of USDA Grant Funds would allow WIC caseloads to increase from the current level of approximately 21,000 participants per month to an anticipated level of 24,000 participants per month for FY 94 and 25,000 participants per month for FY 95.
IMMUNIZATION PROGRAM - PAGE 843
The subcommittee recommended General Fund support for the Immunization Program be reduced by $52,679 in FY 94 and $129,369 in FY 95. The subcommittee, in making this recommendation, was cognizant of the importance of the Immunization Program and strongly supports the Division's efforts to achieve total immunization of children by age two. This recommendation would not precipitate vaccine shortfalls, and was made solely based on the fact that the Executive Budget's General Fund recommendations for vaccine purchases for both fiscal years of the 1993-95 biennium were greater than the anticipated vaccine shortfall. This recommendation was based on vaccine projections developed by the Health Division, the estimated direct federal vaccine assistance for the upcoming biennium and a comparison of those projections to the General Fund support recommended in the Executive Budget. The subcommittee, in making this recommendation, stressed the Immunization Budget also included an additional $505,000 for FY 94 and over $640,000 in FY 95 in Federal Title XIX reimbursements which would be used for vaccine purchases for Medicaid eligible children. The combination of General Fund support recommended in the Executive Budget as well as the additional Title XIX funding would provide funding for vaccine purchases at far higher level than the actual projected need.
EMERGENCY MEDICAL SERVICES - PAGE 1436
As part of the governor's reorganization, the Emergency Medical Services Program was recommended to be transferred to the proposed Department of Public Safety. The subcommittee recommended the Emergency Medical Services Program be retained within the Health Division. In reviewing the functions and services provided by the Emergency Medical Services Program in such areas as the hospital trauma center designation, the emergency medical services for children demonstration program, and maintenance of the trauma network, the subcommittee determined these were distinct public health programs which would best be retained under the administrative oversight and direction of the State Health Officer.
CONSUMER PROTECTION AND RADIOLOGICAL HEALTH - PAGES 1522 AND 1538
The subcommittee recommended the Consumer Health Protection Services Bureau which was comprised of the Consumer Protection and the Radiological Health Programs be retained within the state Health Division and not be incorporated into the proposed Department of Environmental Protection as recommended in the Governor's reorganization plan. It was the subcommittee's unanimous determination these two programs were public health oriented and would be much better aligned within the Health Division's administrative structure. For example, the Environmental Health Specialist section permits and inspects food establishments, dairy farms, milk plants, individual sewage disposal systems, septic tank pumping companies and public bathing systems. This section was also responsible for administering public health sanitation programs encompassing the inspection of a wide variety of public establishments. This section was also responsible for investigating all food borne illnesses and outbreaks and incidents of vector transmission of disease which by statute require the state officer's intervention for appropriate resolution. The Consumer Protection Program's food establishment inspection requirements were performed under the purview of the U.S. Public Health Service. The inspection of dairy farms and milk plants fall under the purview of the U.S. Food and Drug Administration. The subcommittee felt it was very clear the Consumer Health Protection Services Bureau and its functions, were more clearly aligned with the state Health Division's overall public health mission.
In making this recommendation, the subcommittee was able to identify rent savings by retaining both the Consumer Protection and Radiological Health Programs at their current office locations rather than moving each program to non-state owned facilities as recommended in the Executive Budget. The savings identified in each budget was applied toward state-owned rent which was not included in the Executive Budget for each program's Las Vegas office located at the Belrose complex.
The subcommittee recommended the Health Facilities Budget be approved as recommended by the Governor with a slight modification for a recent reclassification of an existing position. The subcommittee recommended the budgets for the Cancer Control Registry, Health Aid to Counties and the Radioactive Material Disposal Trust Fund be approved as recommended by the Governor.
Ms. Giunchigliani stated as a member of the MH/MR, Health and Rehabilitation subcommittee she voted against several of the budget recommendations because they were not funded properly.
Mr. Heller commended the subcommittee for working within fiscal constraints to develop the best possible budget.
MR. HELLER MOVED TO CLOSE THE HEALTH DIVISION BUDGET PURSUANT TO THE SUBCOMMITTEE REPORT.
MR. MARVEL SECONDED THE MOTION.
THE MOTION CARRIED BY VOICE VOTE. MS. GIUNCHIGLIANI VOTED NO.
BUDGET CLOSED.
SUBCOMMITTEE REPORT ON REHABILITATION DIVISION
Mrs. Williams said as chairman of the Ways and Means Subcommittee on MH/MR, Health and Rehabilitation, she was pleased to present the subcommittee's recommendations concerning the Rehabilitation Division's budgets to the Ways and Means Committee. The subcommittee held numerous hearings and work sessions, received considerable testimony on the Rehabilitation Division's budget accounts and reviewed a great deal of information.
She thanked members of the subcommittee, Ms. Giunchigliani, Mr. Perkins and Mr. Heller, for their participation and hard work in formulating the following recommendations. For the Rehabilitation Division, the subcommittee recommended a net General Fund increase of approximately $140,198 in FY 94 and $178,501 in FY 95 (exclusive of additional cost allocation amounts). There was much more the subcommittee would have liked to have done, but due to limited resources was unable to do. Specifically, the subcommittee recommendations for each of the accounts within the Rehabilitation Division were as follows.
VOCATIONAL REHABILITATION - PAGE 1017
The subcommittee recommended an increase in regular appropriation of $28,696 in FY 94 and $38,479 in FY 95. These amounts represented the state share of the costs necessary to remove reorganization savings for three positions, including a Rehabilitation Manager II and two Rehabilitation Manager I's as well as travel and operating costs for the positions. The state share represents 21.3 percent of the total costs for the positions and the remaining 78.7 percent was Federal 110 Section Grant Funds.
The Executive Budget proposed to merge the Bureau of Vocational Rehabilitation and the Bureau of Services to the Blind. In this recommendation, the Executive Budget included these three positions, as well as four positions in the Bureau of Services to the Blind, as reorganization savings. The subcommittee felt that if this recommendation was implemented, the existing span of control would result in no intermediate supervisory level of personnel between District Managers and Rehabilitation Counselors, services delivery and support personnel. The Division indicated "that this (supervisory level) would probably be sufficient if field services personnel were given greater autonomy and if audit and quality controls were relaxed." The subcommittee felt that the increased span of control would detract from the agency's overall mission and that audit and quality controls should not be relaxed. Additionally, the subcommittee felt that it was highly important to preserve the current independent status of the Bureau of Services to the Blind.
The subcommittee also recommended that the SIIS component for the Vocational Rehabilitation of Injured Workers included in this budget be removed. The Executive Budget had recommended that a total of 74 positions be added to this budget account to perform vocational rehabilitation services for injured workers during the 1993-95 biennium. The subcommittee felt that this component should be removed and that, dependent upon action taken on SB 316, the Bureau of Vocational Rehabilitation be allowed to bid on the provision of services to SIIS for the rehabilitation of injured workers during the 1993-95 biennium.
In reviewing this budget, the subcommittee also approved maintenance item 200, which recommended the Bureau provide services, on an itinerant basis, to the growing population in Laughlin. In approving this portion of the Executive Budget, the subcommittee recommended a letter of intent be sent to the agency requesting the agency report to the Interim Finance Committee by March, 1994, regarding the financial commitment by Arizona and California for the provision of services to residents of Laughlin based upon an executed tri-state agreement between Nevada, Arizona and California.
Administrative assessments within this budget and the remaining Division accounts would be adjusted to reflect changes in the Governor's recommended budgets when all affected accounts were closed by both money committees. The administrative assessments were part of a federally approved indirect cost allocation plan whereby all agencies within the Division contribute to support the central administrative budget account within the Division. (The estimated General Fund cost provided by the Budget Division at this time is $23,700 in FY 94 and $30,300 in FY 95).
SOCIAL SECURITY ADMINISTRATION - VOCATIONAL REHAB - PAGE 1024
The subcommittee recommended the budget close as recommended by the Governor.
HEARING DEVICES PROGRAM - PAGE 1029
The subcommittee recommends the budget be closed as recommended by the Governor.
COMMUNITY-BASED SERVICES - PAGE 1033
The subcommittee recommended the budget be closed as recommended by the Governor. Additionally, the agency indicated that "Natural Support" follow-along job coaches be utilized in the supported employment program to provide assistance to disabled individuals who have found competitive employment. The subcommittee recommended a letter of intent be sent to the agency requesting that they report to the Interim Finance Committee by March, 1994, with a status report on the success of the "Natural Support" follow-along job coach concept.
SERVICES TO THE BLIND - PAGE 1038
The subcommittee recommended the regular appropriation be increased by $63,567 in FY 94 and $75,776 in FY 95. The majority of these amounts represent the state's share of the amount necessary to restore four positions, including the Chief of the Bureau, two Rehabilitation Manager I's and a Management Assistant III, which were included in the Executive Budget as reorganization savings. Additionally, the amounts support the restoration of travel and operating funds for these positions. As discussed earlier, the Executive Budget recommended that this Bureau and the Bureau of Vocational Rehabilitation be merged which would have resulted in the potential deletion of seven existing positions. The General Fund amount represents 21.3 percent of all costs for these four positions.
Also, the subcommittee recommended that $27,778 be added in General Fund in each year of the biennium to provide a required 10 percent state match for the Federal Older Blind Independent Living Program. The match was required in order to receive a $250,000 annual grant and was not included in the Executive Budget.
Lastly, the Budget Division estimated that additional General Fund support of $8,200 in FY 94 and $11,200 in FY 95 would be required to support cost allocation amounts for this account.
BLIND BUSINESS ENTERPRISE PROGRAM - PAGE 1044
The subcommittee recommended expenditure authority for the purchase of computer-assisted design software and hardware recommended for in-house design of new vending locations be deleted from this budget account. Information provided by the agency indicated that savings generated by the purchase of this equipment would take approximately five years to recover the cost of the purchase of the software and hardware.
DEVELOPMENTAL DISABILITIES - PAGE 1050
The subcommittee recommended a minor adjustment in state-owned building rent which added the amount of $3,360 in FY 94 and $5,760 in FY 95 (not General Fund). This program relocated to the campus of the former Northern Nevada Children's Home and the Executive Budget did not include expenditure authority for the office space.
FINANCIAL ASSISTANCE FOR THE PHYSICALLY DISABLED - PAGE 1055
The subcommittee recommended the budget be closed as recommended by the Governor.
TRAUMATIC HEAD INJURY - PAGE 1057
The subcommittee recommended the budget be closed as recommended by the Governor.
DISABILITY ADJUDICATION - PAGE 1085
The subcommittee recommended a Data Processing Technician I position, proposed to be transferred to the new Division of Information Technology Services, be restored within this budget account. Also restored were appropriate support costs for the position. The Social Security Administration (the funding source for this position/budget) had objected to the proposed transfer of the position.
EMPLOYMENT, TRAINING AND REHABILITATION ADMINISTRATION - PAGE 1090
As discussed earlier in the Bureau of Vocational Rehabilitation, the subcommittee recommended the proposed SIIS component for the Vocational Rehabilitation of Injured Workers be removed from the Rehabilitation Division. The subcommittee recommended five Accounting Specialist positions included in this account for the proposed transfer of the SIIS component, as well as all associated operating costs be removed from this budget account.
Additionally, the Executive Budget recommended that a Microcomputer Specialist III and a Computer Systems Programmer I position be transferred to the new Division of Information Technology Services. The subcommittee approved the restoration of these positions in this account since a convincing argument was not provided to justify their transfer. Also restored were appropriate in-state travel, operating and training costs for the positions.
The subcommittee also recommended the restoration of an Accounting Clerk II position recommended in the Executive Budget to transfer to the state Health Officer Budget account in conjunction with the proposed transfer of the Bureau of Alcohol and Drug Abuse to the Health Division. As the subcommittee did not approve the proposed transfer of the Bureau of Alcohol and Drug Abuse, the Accounting Clerk II position was restored to this account.
The subcommittee's final adjustment reflected the reduction of reorganization savings and a corresponding increase in vacancy savings for the value of a Personnel Technician III position. This position was recommended for deletion through the reorganization process as the Executive Budget proposed the ESD personnel office provide personnel services for the new Department of Employment, Training and Rehabilitation. It was felt this transaction would allow the agency flexibility in retaining the position while meeting cost reductions as recommended in the Executive Budget through vacancy savings.
ALCOHOLISM AND DRUG REHABILITATION - PAGE 847
The subcommittee recommended the regular appropriation in this account be increased by $47,935 in FY 94 and $64,246 in FY 95. As the subcommittee recommended the Bureau of Alcohol and Drug Abuse be retained within the Rehabilitation Division, the subcommittee also recommended that the salary of the Chief of BADA which was included as reorganization savings in this account, be restored. This position was funded with 100 percent state funds.
It should be noted that the restoration of the Chief's position with state dollars would impact the indirect cost allocation formula within this budget account which provided payments to the administrative account in the Division. The Budget Division had indicated that tentative estimates would require the General Fund addition of approximately $32,000 in FY 94 and $33,000 in FY 95 to support the increased indirect cost allocation payments.
It should also be noted that the proposed new Department of Employment, Training and Rehabilitation, if approved by the 1993 Legislature, was recommended to contain the Employment Security Department, State Job Training and various other boards and commissions. With the addition of these agencies to the administrative cost pool, it was anticipated that the additional General Fund contributions on behalf of the Bureau of Alcohol and Drug Abuse and other affected agencies within the Division would be reduced.
The subcommittee's final closing recommendations involved the addition of an Administrative Aid position approved by the Interim Finance Committee on November 9, 1992, as well as two flow-through grants, HIV-aids outreach and capacity expansion. The position and the two grants were not included in the Executive Budget and the agency requested the Legislature include authorization for the position and programs for the 1993-95 biennium.
ALCOHOL TAX PROGRAM - PAGE 854
The subcommittee recommended the budget closed as recommended by the Governor.
Mrs. Evans asked why the subcommittee did not recommend BADA be transferred to the Health Division as the Governor recommended. Mrs. Williams stated the subcommittee determined BADA was clearly a rehabilitation function and did not perform a medical function.
Ms. Giunchigliani reiterated she would vote against the subcommittee's recommendations because the budgets were underfunded.
MR. MARVEL MOVED TO CLOSE THE BUDGET PURSUANT TO THE SUBCOMMITTEE REPORT.
MRS. EVANS SECONDED THE MOTION.
THE MOTION CARRIED BY VOICE VOTE. MS. GIUNCHIGLIANI VOTED NO.
BUDGET CLOSED.
Chairman Arberry commended Mrs. Williams, members of the MH/MR, Health and Rehabilitation subcommittee and Staff for providing an excellent report.
SUBCOMMITTEE REPORT ON WELFARE, CHILDREN'S DIVISION AND AGING
DIVISION OF CHILD AND FAMILY SERVICES
Mrs. Evans said as chairman of the Ways and Means Subcommittee on Welfare, Children's Division and Aging, she appreciated the opportunity to convey the subcommittee's recommendations to the Ways and Means Committee. The subcommittee held numerous hearings and work sessions, received considerable testimony on the Division of Child and Family Services' budget accounts and reviewed a great deal of information.
Mrs. Evans thanked the members of the subcommittee, Mr. Price, Mrs. Chowning and Mr. Humke for their hard work and contributions in formulating the following recommendations. For the entire Division of Child and Family Services, the subcommittee recommended a net General Fund decrease of approximately $372,000 in FY 94 and $445,000 in FY 95.
CHILD AND FAMILY ADMINISTRATION - PAGE 938
In this budget account, the subcommittee recommended a reduction in regular appropriation of $97,026 in FY 94 and $162,332 in FY 95. The reduction in regular appropriation was due primarily to the deletion of 3.50 FTE positions which were transferred into this budget account from the Youth Parole Budget and were recommended to be transferred back to that account. Additionally, the subcommittee recommended the delay in the hiring of 5 new positions recommended in FY 95 resulting in a reduction of regular appropriation of $42,620. It should be noted that the Executive Budget had similarly delayed the hiring of 11 new positions recommended in this account for FY 94.
The subcommittee added 1 new position, a senior auditor, as well as in-state travel and equipment for the position which was recommended to assist the Division in increasing Federal Title IV-E Child Welfare revenue collections.
The final recommendation within this account involved the delay of a federally mandated foster care and adoption computer tracking system. Federal regulations for the system had been delayed and the subcommittee recommended that funding be delayed one year in anticipation of the finalization of the regulations. The anticipated delay results in the reduction of regular appropriation in the amount of $91,761 over the 1993-1995 biennium.
YOUTH COMMUNITY SERVICES - PAGE 945
In this budget account, the subcommittee recommended a reduction in regular appropriation of $319,214 in FY 94 and $345,263 in FY 95. This recommendation was the result of a recently released LCB audit which indicated that the Division should be able to increase Federal Child Welfare IV-E reimbursements. The recommended increases in Federal Child Welfare revenue and transfers from the Child Welfare Trust account were estimated by the Division as recoverable in the 1993-95 biennium. The Division also indicated that a new senior auditor would be necessary to pursue the additional federal revenue. Mrs. Evans expressed gratitude to the Audit subcommittee for urging the Department to pursue Federal Child Welfare IV-E funds more aggressively.
The subcommittee also made a technical change in this account which resulted in the separation of NRS 395 program expenditures from the Substitute Foster Care Expenditure category. The separation would result in easier tracking of expenditures for this program.
Additionally, testimony provided by the Division during the subcommittee's hearings indicated that the agency was concerned about potential funding shortfalls in the Substitute Foster Care category. The subcommittee voted to have the Division of Child and Family Services submit a contingency plan to provide services if shortfalls materialized in this expenditure category during the 1993-95 biennium.
Ms. Giunchigliani asked if there would be waiting lists at the Youth Community Service if the subcommittees recommendations were adopted. Larry Peri, Program Analyst, Fiscal Division replied foster care placements could not have waiting lists because of federal mandates.
CHILD ABUSE AND NEGLECT - PAGE 952
The subcommittee recommended the budget be closed as recommended by the Governor.
CHILD WELFARE TRUST - PAGE 955
The subcommittee recommended the budget be closed as recommended by the Governor.
CHILDREN'S TRUST ACCOUNT - PAGE 957
The subcommittee recommended the budget be closed as recommended by the Governor.
NORTHERN NEVADA CHILD AND ADOLESCENT SERVICES - PAGE 960
The subcommittee recommended the account closed as recommended by the Governor with one minor technical adjustment. The Budget Division requested a correction on the salary of an existing Senior Psychiatrist position in the amount of $10,015 in FY 94 and $10,024 in FY 95. The Budget Division indicated that the salary for this position was understated in the Executive Budget and that the offsetting entry should be made in vacancy savings.
SOUTHERN NEVADA CHILD AND ADOLESCENT SERVICES - PAGE 966
The subcommittee recommended a reduction in regular appropriation of $48,342 in FY 94 and $31,401 in FY 95. These recommendations included adjustments within revenues which increased the amount collectible from the Federal School Lunch program by $5,034 in each year of the 1993-95 biennium, and adjusted expenditures for the federally funded Family Preservation Program.
Additionally, adjustments were made in Maintenance Item 200, which recommended additional staff, travel costs and equipment for the Early Childhood and Outpatient Counseling Program in this budget. While no adjustments were made in the recommended number of positions for these programs, in-state travel was reduced for the outpatient counseling program and equipment for the recommended 13 new positions over the 1993-95 biennium was reduced. The subcommittee felt that the agency had access to equipment items due to budget reductions and the reduction of staff in the 1991-93 biennium. Equipment recommendations were reduced by $26,975 in FY 94 and $9,928 in FY 95.
Additionally, the 13 new positions recommended in this account were scheduled to be phased in during the biennium. However, all positions had been budgeted with a full year of group insurance. The group insurance amounts should be reduced to reflect the actual months of employment that the new positions were recommended for. These reductions would result in additional General Fund savings in FY 94 of $6,412 and in FY 95 of $2,493.
The committee should also be aware that there may be a need to increase funding for food costs in this account. In-patient clients were provided meals through the Food Service Center located on the Mental Health Campus. The Division of MH/MR recently solicited bids for the operation of the food service center for the 1993-95 biennium. Only one bid was received and consideration was being given to reopening the bid process. At this time, no firm estimates were available which may effect meal cost expenditures. As new information was received, it would be made available to the committee for their consideration.
CHILD CARE SERVICES - PAGE 972
In this budget account, the subcommittee recommended a reduction in regular appropriation of $19,402 in FY 94 and $18,646 in FY 95. The reductions in regular appropriation were due to increased Child Care Block Grant Funds to be transferred to this account from the Director's Office of Human Resources, as well as savings in state-owned building rent.
YOUTH CORRECTIONS SERVICES - PAGE 977
The subcommittee recommended the youth parole function be continued as a state responsibility, resulting in the addition of regular appropriation of approximately $1,213,295 in FY 94 and $1,230,292 in FY 95. This recommendation would continue 22.50 existing positions as well as appropriate support costs for the youth parole function in the 1993-95 biennium. Mrs. Evans commented there was uniform support for retaining Youth Parole as a state program.
Included in the committee members' closing sheet packets, was an information sheet detailing the alternatives available to the subcommittee in funding the continuation of the youth parole function. Also shown were alternatives for the remaining balance of funding available due to the deletion of the probation subsidies program.
The detailed sheets also show the subcommittee action which resulted in additional funding recommended for the China Spring Youth Camp and a partial restoration of funding to the Spring Mountain Youth Camp which had been recommended for deletion in the Executive Budget.
Additionally, the subcommittee recommended an adjustment in balance forward of $43,377 in FY 94 and $21,688 in FY 95. These amounts reflected Federal Office of Juvenile Justice and Delinquency Prevention Funds to be carried forward from FY 93 into the 1993-95 biennium. The balance forward adjustment deleted the Governor's recommended General fund appropriation of $12,713 in FY 94 and $12,887 in FY 95 which was recommended as match for the OJJDP program. In reviewing the federal regulations regarding the match requirement, the subcommittee directed staff to work with the Division to see if appropriate matching funds could be identified for the grant in lieu of additional General Fund support.
YOUTH ALTERNATIVE PLACEMENT - PAGE 981
The subcommittee recommended the addition of regular appropriation of $380,512 in FY 94 and $361,370 in FY 95. As mentioned earlier, these amounts were available after the elimination of the probation subsidies program. The recommended amounts would restore partial support to the Spring Mountain Youth Camp of $351,849 in FY 94 and $315,883 in FY 95.
Additionally, General Fund augmentations were recommended for support of the China Spring Youth Camp of $28,663 in FY 94 and $45,487 in FY 95. This would result in additional total expenditure authority for the China Spring Youth Camp of $77,825 in FY 94 and $123,505 in FY 95. It should be noted that concern was expressed by the Nevada Association of Counties regarding the ability of counties to generate the necessary county participation funds for these augmentations. Additional county funds would consist of $49,162 in FY 94 and $78,018 in FY 95. The subcommittee agreed to support county efforts to increase revenues.
Lastly, although not discussed in subcommittee, the full committee was being asked to authorize a letter of intent which would require that funding provided for out-of-state placements of juvenile delinquents within this budget account totaling $337,500 in each year of the 1993-95 biennium be expended only for the contract placement of serious, chronic juvenile offenders in secure placement facilities. This would ensure that this funding was not expended on any other placement needs within the Division of Child and Family Services.
PROBATION SUBSIDIES - PAGE 984
The subcommittee recommended the reduction in regular appropriation of $1,504,489 in FY 94 and $1,501,541 in FY 95. As discussed earlier, the subcommittee chose to delete state funding for this program and redirect that funding for the continuation of youth parole, the increased support for the China Spring Youth Camp and for restored support for the Spring Mountain Youth Camp.
NEVADA YOUTH TRAINING CENTER - PAGE 986
The subcommittee recommended the regular appropriation be increased by $22,316 in each year of the 1993-95 biennium. The recommended adjustments would restore funding for substitute teachers as requested by the agency and would also restore the athletic program which was not recommended for continuance in the Executive Budget.
The agency also submitted revised performance indicators which were accepted by the subcommittee. The subcommittee also voted to have the facility attempt to reduce its average length of stay to 5 months.
FARM ACCOUNT-YOUTH TRAINING CENTER - PAGE 990
The subcommittee recommended the budget be closed as recommended by the Governor.
CHAPTER I AND II EDUCATION PROGRAM - PAGE 992
The subcommittee recommended this budget be approved as recommended by the Governor. Additionally, the subcommittee recommended that educational performance indicators, similar to those identified by the Nevada Youth Training Center, be developed for this account.
CALIENTE YOUTH CENTER - PAGE 995
The subcommittee recommended this budget be approved as recommended by the Governor. Additionally, the subcommittee recommended a letter of intent be sent to the agency authorizing them to approach the Interim Finance Committee or request a supplemental appropriation in FY 95, if additional funding was needed for utility costs. At the time this budget was closed by the subcommittee, no decisions had been made regarding potential increases by Caliente Public Utilities in electrical rates and sewer use charges.
Similar to the Nevada Youth Training Center, the subcommittee recommended this account adopt Nevada Youth Training Center revised performance indicators, where applicable, and that efforts be made to reduce the average length of stay to 5 months.
Ms. Giunchigliani asked what impact the elimination of Probation Subsidies would have on the counties. Mr. Peri replied approximately $1.5 million would be withheld from the counties. The appropriation was made up of two primary sums of money: (1) approximately $1 million would have continued the Probation Subsidies Program; and (2) $556,000 was the additional county allocation recommended by the Executive Budget for the Youth Parole function. The funding distribution to counties was based on the distribution formula of school age children. Ms. Giunchigliani commented cost shifts to counties was overwhelmingly opposed by the voters. She contended if programs were not properly funded then perhaps they should be eliminated.
Ms. Giunchigliani asked why the subcommittee elected to reduce the average monthly stay to 5 months. Mrs. Evans explained the recommendations were based on a report submitted by the NCCD which indicated Nevada incarceration rates for youth offenders were to lengthy. Mrs. Evans explained five months was a goal not a mandate for the facilities.
Ms. Giunchigliani asked what resources the facilities were given to meet the five month goal. Mr. Peri explained the NCCD study indicated seven months was the average monthly stay for the state, the national average was between six and one-half and seven months. He commented if the five month goal was realized as a six or six and one-half average monthly stay the intent of the goal was realized.
Ms. Giunchigliani requested Staff provide a listing of the cost shift to counties. Ms. Giunchigliani commended the subcommittee for its efforts, however, the funding was insufficient and she would not vote in favor of the subcommittee's recommendations.
Mrs. Williams clarified aid to counties was not removed from the health budgets.
Mr. Humke commented Nevada led the nation in the rate of incarceration and contended the state should reduce the average length of stay to below the national average. He asserted children become institutionalized if incarcerated for a prolonged period of time.
CHAPTER I-SPECIAL EDUCATION - PAGE 999
The subcommittee recommended one technical adjustment in this account consisting of additional Child Care Block Grant Funds of $13,394 in each year of the 1993-95 biennium.
SOUTHERN NEVADA CHILDREN'S HOME - PAGE 1005
The subcommittee recommended this budget account be closed as recommended by the Governor. When reviewing this budget account, the subcommittee was faced with several alternatives; either to close the budget as the Governor recommended or to provide an additional General Fund augmentation of $1,341,720 in the 1993-95 biennium.
The subcommittee was faced with an extremely difficult decision and felt unable to authorize the recommendation for an additional $1.3 million of General Fund appropriations to support the operation of the Southern Nevada Children's Home.
The subcommittee requested that the administrator of the Division of Child and Family Services submit, to the Ways and Means Committee, a contingency plan for services to the children in residence at the Southern Nevada Children's Home if the proposed privatization contract either does not materialize or if an existing contract agreement was dissolved.
Ms. Giunchigliani asked if the Southern Nevada Children's Home caseload would be decreased. Mr. Peri explained Maintenance Item 200 which was adopted almost entirely would specifically address two areas: (1) out patient treatment and (2) early childhood services. When Maintenance Item 200 was implemented the waiting lists would be reduced.
Ms. Giunchigliani commented testimony received from Mr. Sarb indicated employees of the Southern Nevada Children's Home had suggested privatization. She asserted from communications she had received indicated that was absolutely inaccurate and a misrepresentation. Ms. Giunchigliani asked what contingency plans were in the event that privatization was not effective. Mrs. Evans stated the subcommittee had requested a contingency plan from the agency. The subcommittee was assured a number of providers were interested in bidding on the property and that the transition periods were realistic.
Mr. Spitler commented the Southern Nevada Children's Home had been seeking private support for some time and none had come forward. He reenforced that Mr. Sarb had made misleading remarks about employees advocating privatization of the Southern Nevada Children's Home. Mr. Spitler noted in 1991 the Northern Nevada Children's Home failed to privatize. He stated it was highly unlikely the Southern Nevada Children's Home would fare any better. The underlining message of the proposal was the facility would not be privatized so just shut it down. Mr. Spitler stated those who have the smallest voice get heard the least. He was concerned about the placement of current and future children in facilities. Mr. Spitler asserted this proposal was a disservice to the children of Nevada.
Mrs. Williams asserted no other placement was available for the children in southern Nevada. She requested a list of names of possible vendors interested in privatizing the Southern Nevada Children's Home before the session was completed.
Mrs. Chowning asserted the subcommittee had been assured placement for the children at the Southern Nevada Children's Home would be available.
Mrs. Williams requested, in the event privatization does not occur, the contingency plan indicate the location of placement for children currently living in SNCH. Mrs. Evans recommended the SNCH budget be held until the contingency plan was submitted to the committee. Chairman Arberry asked when the contingency plan would be completed. Mrs. Evans indicated the agency could be contacted on the next working day and asked to present the contingency plan by a specific date.
Speaker Dini reminded the committee children were placed in foster homes when the Northern Nevada Children's Home was closed.
Mr. Perkins stated during discussions with Mr. Sarb regarding the Southern Nevada Children's Home he had received less than truthful information. Mr. Perkins stated the SNCH program was a state responsibility.
Mr. Humke asserted the method of treatment at SNCH was outdated. Further, privatization offered treatment which could be administered at lower cost. He was satisfied there were sufficient contractors available to privatize SNCH.
Mrs. Evans referred to a letter dated April 29, 1993 from John Sarb, Administrator, Division of Child and Family Services, (Exhibit B). The letter referenced the Pathways program for family based services to autistic/PDD children in Las Vegas. The program prevented autistic children from being placed in residential confinement by teaching families to care for the children. A Clinical Social Worker and a .5 Child Development Specialist were required to continue to administer the Pathways Program. The program was previously funded through a federal grant which was no longer available. The cost to continue the Pathways Program to the General Fund was $60,134 for FY 94 and $61,517 in FY 95. Mrs. Evans commented the information was accumulated subsequent to the formulation of the subcommittee's recommendations. The issue was presented to the committee for its consideration.
Mrs. Williams stated the Pathways Program was effective from a fiscal standpoint because it kept autistic children at home or in residential in-state placement which was significantly less expensive than out-of-state placement.
Chairman Arberry recognized the complexity of the recommendations made by the subcommittee and commended members for their efforts.
Mr. Humke requested the committee submit a letter of request to the Department of Personnel and the Youth Correction Services to re-review a reclassification request from an employee. Mr. Stevens clarified the committee could not direct the Department of Personnel to reclassify an employee but could request the Department review the original reclassification application.
Mr. Spitler asked what recourse the employee had outside of appealing to the committee. Mr. Humke noted the employee had exhausted appeals to the personnel commission, and this effort would be an attempt to create the basis for another appeal. Chairman Arberry commented if the employee had exhausted all avenues of appeal, why request another. Chairman Arberry suggested the matter be discussed at a later date.
MR. MARVEL MOVED TO CLOSE THE DIVISION OF CHILD AND FAMILY SERVICES BUDGET PURSUANT TO THE SUBCOMMITTEE REPORT WITH A LETTER OF INTENT TO YOUTH SERVICES REGARDING A LIST OF POTENTIAL PROVIDERS FOR THE SOUTHERN NEVADA CHILDREN'S HOME.
SPEAKER DINI SECONDED THE MOTION.
Ms. Giunchigliani stated because of commitments made to parents, mental health programs and a variety of individuals she would not support the subcommittee recommendations for the budget because the programs were inadequately funded.
MRS. CHOWNING MOVED TO AMEND THE MOTION TO INCLUDE THE PATHWAYS PROGRAM AND EXCLUDE THE SOUTHERN NEVADA CHILDREN'S HOME.
MRS. WILLIAMS SECONDED THE MOTION.
Mrs. Williams asserted it was worthwhile to postpone closing the SNCH in order to guarantee placement was available for the children in the event that privatization did not occur.
Mr. Spitler stated foster placement would be the most likely alternative to the SNCH.
Speaker Dini asked if the SNCH budget could be resolved by May 3, 1993 before attending the joint budget closing on May 4, 1993. Chairman Arberry asked Mrs. Evans if the presentation could be made by Monday, May 4, 1993 at 4:00 p.m. Mrs. Evans said attempts would be made to present the information by the prescribed date.
THE MOTION CARRIED BY VOICE VOTE. MS. GIUNCHIGLIANI VOTED NO.
Chairman Arberry called for a vote on the amended motion.
Mr. Spitler asked if adding $60,000 per year for the Pathways Program was contributing to the very problem the committee was facing.
THE AMENDED MOTION CARRIED. MS. GIUNCHIGLIANI AND MR. SPITLER VOTED NO.
BUDGET CLOSED.
SUBCOMMITTEE REPORT ON THE DIVISION OF AGING SERVICES - PAGE 927
Mrs. Evans said she was pleased to report the subcommittee's recommendations on the budgets of the Division of Aging Services.
At their April 12, 1993 meeting, the Interim Finance Committee approved a work program for the receipt of a Federal Title III-F, Preventative Health Services Grant totaling $172,717 (for FY 92 and FY 93). The Division of Aging Services testified that sufficient General Funds were available within their FY 93 budget to support the required state match of $1 for every $17 federal dollars.
In fiscal year 1993, the Division negotiated with the Nevada pharmacists association regarding the granting of these Title III-F funds for the education of seniors in the proper use and management of their prescribed medications. For FY 1994, the Division was investigating granting these funds for nutrition screening for Nevada's seniors.
In support of the continuation of Preventative Health Services Programs for Seniors, the subcommittee recommended an increase in the General Fund appropriation of $5,391 in FY 94 and $5,553 in FY 95, to provide the required state match for the Title III-F grant during the 1993-95 biennium.
During the current biennium, state funds for caregiver training were reduced from $50,000 to $10,000 in each year of the biennium. The Executive Budget recommended that caregiver training be funded at the reduced level of $10,000 in FY 94 and FY 95 which would require the agency to alternate training between the Northern and Southern part of the state during the biennium.
The subcommittee recommended an increase in the General Fund appropriation of $10,000 in each year of the 1993-95 biennium for a total of $20,000 available for caregiver training. This increase would provide for training in both Northern and Southern Nevada in FY 94 and FY 95.
Ms. Giunchigliani asked if the Project Care and Senior Companion programs would continue. Birgit Baker, Program Analyst, explained both projects had been completed and grants for the programs expire during FY 93.
Ms. Giunchigliani asked if only one senior ombudsman was available to serve the entire state. Ms. Baker indicated AB 548 of the 66th Session provided for a senior ombudsman. Ms. Giunchigliani noted despite the increased growth in the senior population within the state, no recommendation was made for additional staff.
Ms. Giunchigliani asked how many persons were on waiting lists for the CHIP program. Ms. Baker explained in Maintenance Item 200 on page 934 of the Executive Budget the purchase of services line item totaling $633,097 in FY 94 and $722,303 in FY 95 would allow for expansion of the CHIP program. Currently the agency was serving approximately 500 unduplicated clients in the CHIP program per year. With the supplementary funding from Maintenance Item 200, the program would service an additional 696 clients in each year of the biennium.
MR. HUMKE MOVED TO CLOSE THE DIVISION OF AGING SERVICES BUDGET PURSUANT TO SUBCOMMITTEE RECOMMENDATIONS.
MS. TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED BY VOICE VOTE. MS. GIUNCHIGLIANI VOTED NO.
BUDGET CLOSED.
Mrs. Evans noted in all of the budget accounts in all of the divisions the subcommittee requested expanded mission statements and performance indicators.
SUBCOMMITTEE REPORT ON THE COURT SYSTEM - PAGE 75
Ms. Giunchigliani stated the number of major issues identified in the course of reviewing the budgets of the Supreme Court were fewer than in previous sessions. This was due in large part to the Court submitting reasonable budget requests.
The subcommittee recommended an increase of $81,249 in General Fund over the amounts recommended in the Executive Budget for the 1993-95 biennium. The major General Fund cost in the subcommittee's recommendation totals $144,836 over the biennium due to the retirement of an additional district judge, effective July 1, 1993. This was offset by elimination of the General Fund cost to partially fund the study on Nevada's urban courts. The subcommittee recommended the study be completely funded with administrative assessments and donations from counties.
The major areas which needed to be reviewed for the committee were:
1. Study of Nevada's Urban Courts
A total of $150,000 was recommended during the 1993-95 biennium in the Supreme Court's budget to conduct a study of Nevada's urban courts. This study would be conducted by the National Center for State Courts and would review how the Court System was handling its caseload and how working relationships between the courts and other agencies could be improved. Work loads of other urban court systems would be compared, and recommendations would be made on how court operations could be improved. The Court requested that the study begin in FY 1994-95; however, the subcommittee felt it was important to begin the study as soon as possible to allow the recommendations developed to be reviewed by the 1995 Legislature. To allow the Supreme Court to conduct the study without delay, a $60,000 General Fund appropriation was recommended in FY 1993-94. However, the appropriation would be repaid in the second year of the biennium with administrative assessment revenue. It was anticipated that Clark County would contribute $60,000 and Washoe County $30,000 to assist in the financing of this project.
2. Salary Increases
The Supreme Court requested a number of salary increases for its attorney positions. The salary increases affect approximately 20 positions and were requested to bring the salaries of court attorneys closer to salaries paid to Deputy Attorneys General. Members who served on this committee last session will recall that salaries paid by the Attorney General's office were increased substantially by the 1991 Legislature; however, corresponding adjustments were not made to salaries of attorneys employed by other state agencies, including the Supreme Court and the Legal Division of LCB and the Nevada Attorney for Injured Workers.
One additional raise was requested; the Deputy Director of the Administrative Office of the Courts would receive a 4.4 percent salary increase to correct a pay discrepancy whereby the Deputy was paid less than his subordinate, the Chief of Financial Management.
While recommendations on unclassified salaries would be developed by a Ways and Means Salary subcommittee, the Court Subcommittee recommended the salary increases be provided to more closely align the salaries of attorneys throughout state government. Therefore, the cost of these salary increases had not been removed from the budgets of the Supreme Court.
3. Administrative Assessment Revenues
Administrative Assessment revenues had not reached projected levels this fiscal year resulting in reductions in many of the Court budgets. Testimony before the subcommittee indicated that revenues from Administrative Assessment, as estimated by the Administrative Office of the Courts (AOC), may be over-projected for the coming biennium.
A number of reasons have been cited for revenues not meeting expected levels, including the severe weather experienced in Northern Nevada this winter. The subcommittee recommended that assessment fee revenues, as originally projected by the AOC for the 1993-95 biennium, not be changed. However, the Supreme Court was requested to provide an informational item to IFC in six to seven months outlining whether the Administrative Assessment revenues were meeting projected levels.
4. Photocopy Revenues
The subcommittee determined that the Supreme Court was charging $.25 - $.50 per page for photocopying documents and depositing these funds as a reduction to an expense. Therefore, the subcommittee included $20,000 as a new revenue source for the deposit of funds received for photocopying and included a corresponding $20,000 in operating expenses. It is also recommended that a letter of intent be sent to the Supreme Court indicating that photocopy fees should be identified as revenue to properly account for these fees.
5. Judicial Discipline Budget
The subcommittee recommended an additional $3,425 per year to support the Judicial Discipline budget. These funds would provide $800 to fund two additional meetings of the Commission. In addition, $1,000 each year was recommended to produce a brochure which would increase public awareness of the Commission's functions and also to develop an annual report of the Commission's activities. Additional postage telephone and copier costs were also recommended in each year of the 1993-95 biennium.
6. Authority to Transfer General Fund Between Fiscal Years
The subcommittee recommended authority be granted through the Appropriations Act to allow the transfer of General Fund dollars between fiscal years within a biennium for the Supreme Court Justices' and District Court Judges' pension accounts.
The General Fund appropriation for the pension accounts was based on the actual number of retired judges and widows at the close of each Legislative Session. If an additional judge retired during the interim period between Legislative Sessions, additional General Fund costs were incurred. By allowing transfer of funds between fiscal years, the court could wait until the next Legislative Session to request a supplemental appropriation instead of approaching the Interim Finance Committee for additional funds.
Only minor adjustments were made to other budgets. These adjustments include additional funds provided to the Law Library for insurance costs and equipment to comply with ADA.
Ms. Giunchigliani noted the desire of Judicial Discipline to provide public access to information without jeopardizing confidentiality. Additionally, equivalent commissions in other states had more progressive and broader judicial discipline. Because the Supreme Court determines the judicial code of conduct for the commission. Justice Rose would allow the Commission to submit suggestions for expanded rules for consideration.
Although the Commission conducted a study on gender-bias it was not incorporated into judicial training. Ms. Giunchigliani indicated Mr. Mello, Court Administrator, committed to gender-bias training for judges and utilization of the annual report for training purposes.
Mrs. Williams notified the committee a resolution was pending in the Assembly Committee on Elections and Procedures to provide public access to the judicial discipline process.
Mrs. Williams noted judges did not participate in their own pension funds. She asserted contribution to pension funds did not decrease salaries. Mrs. Williams argued an inequity existed between the judicial branch and other elected officials which would have to be addressed in subsequent Legislative Sessions. Ms. Giunchigliani noted the subcommittee did not discuss the issue but agreed judges should make contributions toward their pension funds.
Mrs. Evans requested the judicial branch be required to submit a request for proposal for the Study on Urban Courts. She explained this would avoid the use of academic consulting groups which typically did not have practical knowledge of the urban court system and tended to be more expensive. Ms. Giunchigliani suggested the subcommittee reconvene after the meeting to discuss a recommendation to the courts.
Mr. Price noted a proposal for a new family court building was currently under review.
Mr. Marvel asked for an explanation of the peremptory challenge fee. Jeanne Botts, Program Analyst, replied the Supreme Court raised the peremptory challenge fee in June of 1992 from $100 to $200. Its purpose was to assist with travel expenses and offset the General Fund allocation. The fees were paid when judges were disqualified or could not take the case because of injury or illness. Peremptory challenge fees were listed in the Executive Budget on page 100. The fees were allocated directly to the district judges travel account. Ms. Botts indicated proceeds from the fees were higher than originally anticipated and a $35,000 surplus resulted. The Budget Division could find no reason to balance the surplus forward and asked that the amount be reverted to the General Fund. She explained the amount of the reversion was larger than the original General Fund appropriation. Since the fees were new and unpredictable the subcommittee elected to observe the fund over the next biennium. If the funds were sufficient the surplus would be allocated to the retired justice duty account which paid for the use of retired justices and judges to assist courts. The salaries in the retired justice duty fund were paid by 3.5 percent of the administrative assessment. The subcommittee suggested a letter of intent be submitted to the Budget Division suggesting excess peremptory challenge fees be reverted to the General Fund in an amount not to exceed the original General Fund allocation. The excess fees would remain in the travel account over the next biennium. Ms. Giunchigliani noted the court was amenable to the proposal.
Ms. Giunchigliani noted the subcommittee requested the utilization of district court judges rather than retired justices to assist courts. A constitutional amendment which would allow judges to sit in other areas within the county was requested from the subcommittee. Mr. Stevens explained if the Assembly Committee on Ways and Means would sponsor the amendment it could be drafted.
Mr. Price asked if the civil caseloads in Ely continued to be behind schedule. Ms. Botts stated the subcommittee did not hear testimony regarding this issue. However, caseload backlogs continued to exist because of preemptory disqualification. The caseload would eventually decrease but it would take slightly longer than was originally anticipated.
MRS. WILLIAMS MOVED TO CLOSE THE COURT SYSTEM BUDGET PURSUANT TO SUBCOMMITTEE RECOMMENDATIONS.
MR. SPITLER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
Chairman Arberry noted subcommittee recommendations saved approximately $345,000 over the amount recommended by the Governor. Chairman Arberry commended committee members and subcommittees for a job well done.
PLANT INDUSTRY FUND - PAGE 459
Chairman Arberry asked for staff recommendations. Mr. Stevens stated the weights and measures program had been recommended by the Governor to be transferred to the Department of Transportation. Based on the actions taken during a joint meeting of the Assembly Committee on Ways and Means and the Senate Committee on Finance which outlined reorganization plans, staff drafted a proposal which would retain the weights and measures program within the Plant Industry budget.
Mr. Stevens said some adjustments were recommended for the budget. First, miscellaneous revenue adjustments to nursery license, public weigh master, certification, and book and pamphlet fees totalling $6,000 - $7,000 for each year of the biennium were recommended.
Secondly substantial increases in weights and measures fees were recommended. The testing fees were recommended to increase by $110,000 for each year of the biennium.
In addition, legal counsel advised against appropriating highway funds to the weights and measures program. As a result an additional General Fund appropriation totaling $179,175 in FY 94 and $194,389 in FY 95 was required. In order to retain the program within the Board of Agriculture, twelve positions and associated support costs would be retained. The Executive Director and an Accountant position were recommended for reorganization savings were not included in the General Fund appropriation cited earlier. Mr. Stevens explained if the committee chose not to retain the positions, it was recommended they be assigned as vacancy savings. Mr. Stevens indicated the Governor recommended substantial changes to the Board of Agriculture.
Mr. Price asked the purpose of longevity pay. Mr. Stevens explained longevity pay was inadvertently left out of the account. He said the new recommendation included $10,688 in FY 94 and $11,070 in FY 95 for longevity pay.
Ms. Giunchigliani noted only .78 percent of the entire Department of Transportation (DOT) budget dealt with weights and measures program. Mr. Thorne wished to clarify DOT used 2 percent of its resources for scales certification and 70 percent for gasoline pumps.
Mr. Price recalled earlier testimony had said only .78 percent of the testing for DOT utilized the weights and measures program. Mr. Thorne asserted scales dealing with highway vehicles was under 2 percent, however the number of devices tested by DOT, including gasoline pumps, represented 70 percent of the work performed.
Speaker Dini advocated the Board of Agriculture maintain status quo because it was regulatory in nature and composed of a cross-census of individuals from the agriculture industry.
SPEAKER DINI MOVED TO CLOSE THE PLANT INDUSTRY FUND ACCORDING TO STAFF RECOMMENDATIONS, RETAINING THE CURRENT ORGANIZATIONAL STRUCTURE AND REGULATORY AUTHORITY OF THE BOARD OF AGRICULTURE.
MR. MARVEL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
GRADE CERTIFICATION OF AGRICULTURAL PRODUCTS - PAGE 463
Chairman Arberry requested staff recommendations. Mr. Stevens noted seasonal salaries were overlooked in the account. A letter date March 30, 1993 from the Budget Division concurred with the addition of seasonal salaries. In order to distribute the cost recovery plan across the budgets within the Department of Agriculture more fairly, the Budget Division concurred with a recommendation to reallocate the cost recovery category in this and other budgets within the Department of Agriculture. Therefore an increase of $2,928 in the cost allocation plan for this budget would occur. However, corresponding decreases in other budgets would follow. Staff recommendation would have no impact on the General Fund.
Speaker Dini requested the amount of the seasonal salaries. Mr. Stevens replied $45,500 in FY 94 and $46,523 in FY 95 would be required with a corresponding decrease in the reserve category. Speaker Dini noted all costs were paid by the users of the account. Mr. Stevens concurred and remarked no General Fund allocations were made to this budget account.
MR. MARVEL MOVED TO CLOSE THE GRADE CERTIFICATION OF AGRICULTURAL PRODUCTS BUDGET AS RECOMMENDED BY STAFF TO INCLUDE SEASONAL SALARIES.
SPEAKER DINI SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
ALFALFA SEED RESEARCH - PAGE 467
Chairman Arberry requested staff recommendations. Mr. Stevens indicated staff had no recommendations for the Alfalfa Seed Research budget.
MS. TIFFANY MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY THE GOVERNOR.
MR. PRICE SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
AGRICULTURE REGISTRATION/ENFORCEMENT - 469
Chairman Arberry asked for staff recommendations. Mr. Stevens indicated a $10,000 increase to the state cost recovery amount with corresponding decrease in the reserve amount would have a net zero impact to the overall account.
SPEAKER DINI MOVED TO CLOSE THE AGRICULTURE REGISTRATION/ ENFORCEMENT BUDGET AS RECOMMENDED BY THE STAFF.
MS. TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
APIARY INSPECTION - PAGE 473
Chairman Arberry requested staff recommendations. Mr. Stevens noted seasonal salaries totaling $7,500 for each year of the biennium had not been included in the budget. A corresponding decrease in the reserve category would fund the seasonal salaries.
MR. MARVEL MOVED TO CLOSE THE APIARY INSPECTION BUDGET TO INCLUDE SEASONAL SALARIES AS RECOMMENDED BY STAFF.
MRS. EVANS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
DAIRY CONTROL - PAGE 475
Chairman Arberry requested staff recommendations. Mr. Stevens said staff would not recommend monetary adjustments to the budget. However, the Dairy Commission's status should be discussed.
SPEAKER DINI MOVED TO CLOSE THE DAIRY CONTROL BUDGET TO ALLOW THE DAIRY COMMISSION TO REMAIN A SEPARATE COMMISSION WITHIN THE DEPARTMENT OF BUSINESS AND INDUSTRY, RETAIN ITS REGULATORY STATUS AND ASSUME THE AUTHORITY TO RECOMMEND QUALIFIED PERSONS FOR APPOINTMENT BY THE GOVERNOR TO THE POSITION OF EXECUTIVE DIRECTOR.
MR. SPITLER SECONDED THE MOTION.
Ms. Giunchigliani asked if the Dairy Commission was a division or a bureau. Speaker Dini replied it was an autonomous commission.
Ms. Giunchigliani noted the use of outside contract attorneys had not been resolved.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
LIVESTOCK INSPECTION - PAGE 480
Chairman Arberry asked for staff recommendations. Mr. Stevens said the Budget Division submitted a memorandum dated March 30, 1993 which requested some adjustments to the account. Recommendations included for each year of the biennium: seasonal salaries, $188,940; overtime compensation, $5,000; board and commission salary, $348; longevity compensation, $2,325; operating cost, $3,800; and a decrease in the state cost recovery plan which would have no impact to the General Fund. A corresponding reserve reduction totaling $187,000 in FY 94 and a -$375,000 in FY 95 would result.
MR. MARVEL MOVED TO CLOSE THE LIVESTOCK INSPECTION BUDGET TO INCLUDE SEASONAL SALARIES, OVERTIME COMPENSATION, BOARD AND COMMISSION SALARY, LONGEVITY COMPENSATION, OPERATING COST, AND A DECREASE IN THE STATE COST RECOVERY AS RECOMMENDED BY THE STAFF.
MR. HUMKE SECONDED THE MOTION.
Speaker Dini asked if a board or commission was associated with this budget account. Mr. Marvel said livestock inspection was a self-funded account.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
VETERINARY MEDICAL SERVICES - PAGE 484
Chairman Arberry requested staff recommendations. Mr. Stevens noted an $18,000 General Fund appropriation for each year of biennium was recommended for seasonal salaries. Additionally a longevity compensation General Fund appropriation totaling $2,725 FY 94 and $2,975 was recommended. If both items were added to the budget the resulting General Fund appropriation would be an increase of $20,725 in FY 94 and $20,975 in FY 95.
The agency also requested consideration be given to several equipment items. The items included biological safety hood, $6,000 in FY 94 and replacement of 25 year old binocular microscope, $6,000 in FY 95 and miscellaneous replacements, $18,600 in each year of the biennium.
Mrs. Williams asked if a fee schedule would be included in the account. Mr. Stevens said according to the agency a fee schedule would be very difficult to collect and administer.
Mr. Spitler requested the committee submit a letter of intent to the agency requesting fee based budgets by the 1995 Legislative Session.
MR. SPITLER MOVED TO CLOSE THE VETERINARY MEDICAL SERVICES BUDGET AS RECOMMENDED BY STAFF TO INCLUDE MICROSCOPE, BIOLOGICAL SAFETY HOOD, LONGEVITY COMPENSATION, SEASONAL SALARY COMPENSATION AND A LETTER OF INTENT.
MR. HUMKE SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
INSECT ABATEMENT - PAGE 488
Chairman Arberry requested staff recommendations. Mr. Stevens indicated there were no staff recommendations.
MR. MARVEL MOVED TO CLOSE THE INSECT ABATEMENT BUDGET AS RECOMMENDED BY THE GOVERNOR.
MRS. EVANS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
PREDATORY ANIMAL AND RODENT CONTROL - PAGE 490
Chairman Arberry requested staff recommendations. Mr. Stevens indicated there were no staff recommendations.
MR. HUMKE MOVED TO CLOSE THE PREDATORY ANIMAL AND RODENT CONTROL BUDGET AS RECOMMENDED BY THE GOVERNOR.
MS. TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
RURAL REHAB TRUST FUND - PAGE 494
Chairman Arberry asked for staff recommendations. Mr. Stevens said staff had no recommendations.
MRS. EVANS MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY THE GOVERNOR.
MS. TIFFANY SECONDED THE MOTION.
Ms. Giunchigliani asked if any General Fund money was used in the "other" category of this budget. Mr. Stevens replied the category consisted of loan repayments and interest income. No General Fund was used.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
GRAZING CONTROL - PAGE 496
Chairman Arberry asked for staff recommendations. Mr. Stevens said staff had no recommendations.
MRS. WILLIAMS MOVED TO CLOSE THE GRAZING CONTROL BUDGET AS RECOMMENDED BY THE GOVERNOR.
MRS. EVANS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
WOOLGROWERS PREDATORY ANIMAL CONTROL - PAGE 498
Chairman Arberry asked for staff recommendations. Mr. Stevens said staff had no recommendations.
SPEAKER DINI MOVED TO CLOSE THE WOOLGROWERS PREDATORY ANIMAL CONTROL BUDGET AS RECOMMENDED BY THE GOVERNOR.
MR. PERKINS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
SHEEP CERTIFICATION - PAGE 501
Chairman Arberry asked for staff recommendations. Mr. Stevens said a revised Sheep Certification budget from the Budget Division had been received. The state cost recovery amount had been lowered from $5,865 to $3,873 in each year of the biennium and spread over a four year period. Other minor changes included: (1) $250 printing increase; (2) $1,000 contract services increase; and (3) $749 travel decrease.
Mr. Marvel asked the amount of the state cost recovery. Mr. Stevens said it was recommended at $3,873 in each year of the biennium. Mr. Marvel asserted the state cost recovery amount was excessive.
Ms. Giunchigliani asked if audit expenses were billed back to 1988 in the account. Mr. Stevens said part of the cost recovery assessment was a Legislative Counsel Bureau audit conducted in 1988.
SPEAKER DINI MOVED TO CLOSE THE SHEEP CERTIFICATION BUDGET AS REVISED BY THE GOVERNOR TO RETAIN THE SHEEP CERTIFICATION BOARD COMMISSIONERS, PAY ALL ASSOCIATED TRAVEL AND OPERATING EXPENSES EXCLUDING THE STATE COST RECOVERY ASSESSMENT.
MR. MARVEL SECONDED THE MOTION.
Mr. Thorne asserted if the audit cost was removed from the state-wide cost allocation plan in the Sheep Certification budget it should be removed from all budgets.
Ms. Giunchigliani asserted the audit issue should have been debated earlier. She stated if the Executive Budget could not fund programs for children, the Sheep Commission could pay its state-wide cost allocation assessment in full.
Speaker Dini asserted the cost allocation assessment was 19 percent of the entire Sheep Certification budget. In his opinion the assessment was extreme.
Speaker Dini asked how the cost recovery assessment was calculated. Mr. Thorne explained the assessment had two components, standard cost allocation assessment and LCB audit charges from 1988. Mr. Thorne stated although the LCB audit charge was much larger, it was spread over four years and reduced the amount charged by $2,000 per year.
Chairman Arberry deferred action on the Sheep Certification budget.
NEVADA BEEF COUNCIL - PAGE 575
Chairman Arberry asked for staff recommendations. Mr. Stevens explained the staff would not recommend monetary adjustments to the budget. Mr. Stevens reminded the committee the Governor recommended consolidating the Nevada Beef Council into the Board of Agriculture.
Mr. Marvel asserted it was essential the Nevada Beef Council remain autonomous in order to comply with federal regulations and collect funds from beef producers. Merging the Nevada Beef Council with any other agency would render it ineligible for funding and all contributions from Nevada beef producers would revert to the National Beef Council.
MS. GIUNCHIGLIANI MOVED TO CLOSE THE NEVADA BEEF COUNCIL BUDGET AS RECOMMENDED BY THE GOVERNOR AND TO ALLOW THE COUNCIL TO RETAIN AUTONOMY AND REGULATORY STATUS WITHIN THE DEPARTMENT OF AGRICULTURE.
MRS. WILLIAMS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
GAS POLLUTION STANDARDS - PAGE 1512
Chairman Arberry asked for staff recommendation. Mr. Stevens stated the budget was currently located within the Department of Agriculture but the Governor recommended it for transfer to the proposed Department of Environmental Protection. Based on testimony and joint committee recommendations the Gas Pollution Standards budget would be retained within the Division of Agriculture within the Department of Business and Industry. Additionally, laboratory renovations were recommended at a cost of approximately $44,500 in FY 94 in order to test fuel samples in the Las Vegas area. Funding the laboratory would result in a corresponding reduction in the reserve category.
SPEAKER DINI MOVED TO CLOSE THE GAS POLLUTION STANDARDS BUDGET TO RETAIN THE GAS POLLUTION STANDARDS PROGRAM WITHIN THE DIVISION OF AGRICULTURE WITHIN THE DEPARTMENT OF BUSINESS AND INDUSTRY AND FUND LABORATORY RENOVATIONS AS RECOMMENDED BY STAFF.
MR. MARVEL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.
BUDGET CLOSED.
Ms. Giunchigliani asked which budgets would be include in the proposed Department of Environmental Protection. Mr. Stevens explained the joint committee's action recommended the Legislature not create the Department of Environmental Protection and instead, develop a Division of Environmental Protection within the Department of Conservation and Natural Resources.
Ms. Giunchigliani asked if the $345,000 in savings created through the subcommittee closings could be appropriated to other programs. Mr. Stevens explained additional savings was spent through the retention of the weights and measures program within the Department of Agriculture.
Chairman Arberry adjourned the meeting 11:30 a.m.
RESPECTFULLY SUBMITTED:
_________________________
Courtnay Berg
Committee Secretary
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Assembly Committee on Ways and Means
May 1, 1993
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