MINUTES OF THE
SENATE COMMITTEE ON FINANCE
Sixty-seventh Session
April 30, 1993
The Senate Committee on Finance was called to order by Chairman William J. Raggio, at 7:35 a.m., on Friday, April 30, 1993, in Room 223 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator William J. Raggio, Chairman
Senator Lawrence E. Jacobsen
Senator Bob Coffin
Senator Diana M. Glomb
Senator William R. O'Donnell
COMMITTEE MEMBERS ABSENT:
Senator Raymond D. Rawson, Vice Chairman (Excused)
Senator Matthew Q. Callister
STAFF MEMBERS PRESENT:
Daniel G. Miles, Fiscal Analyst
Robert Guernsey, Principal Deputy Fiscal Analyst
Steve J. Abba, Program Analyst
Judy Jacobs, Committee Secretary
OTHERS PRESENT:
Donald J. Mello, Court Administrator, Office of Court Administrator
Rochelle Summers, Principal Budget Analyst, Budget Division, Department of Administration
Lorne J. Malkiewich, Legislative Counsel, Legislative Counsel Bureau
Jean Laird, Senior Management Analyst, Mental Hygiene and Mental Retardation Division, Department of Human Resources
Dave Luke, Northern Regional Director for Mental Retardation, Mental Hygiene and Mental Retardation Division, Department of Human Resources
Dr. James V. Taranik, President, Desert Research Institute
Senator Raggio focused on budgets dealing with the courts.
Supreme Court - page 75
Daniel G. Miles, Fiscal Analyst, reminded the committee there are two primary sources of funding for court budgets, those being the General Fund and administrative assessment fees.
Mr. Miles said two adjustments had been suggested for the Supreme Court budget and the Administrative Office of the Courts budget. He noted $194,000 had been set aside for a study of court procedures which would take place over the biennium. He recalled testimony by Chief Justice Robert E. Rose that the costs of the study could probably be done for $150,000 and that support might be forthcoming from some of the district courts.
Mr. Miles noted the Supreme Court receives some income from photocopying documents which is recorded as "reductions to expenditures." It has been recommended the photocopying income should be recorded under income rather than as a reduction of expense.
Senator Raggio said he understood increases for staff attorneys were being requested. He asked if those increases were already reflected in the budget. Mr. Miles replied they were.
Senator Raggio asked the committee for input regarding other changes. He remembered there had been some question regarding the expenditure of $5,000 for a dedicated telephone line. Mr. Miles explained the telephone line was being requested in order to link the Supreme Court in Carson City with two employees in Las Vegas.
Senator Coffin asked if the dedicated telephone expense was a one-time charge. Mr. Miles conjectured it was a one-time charge and there would be no line charges as a continuing expense.
Senator O'Donnell interjected there should be more input from the Supreme Court regarding what kind of line they would use, especially if the intention was to use a telephone service other than the government network.
Senator Raggio pondered what reasoning would support providing the Supreme Court with a direct line to Las Vegas but not every other agency in the state with an office in Las Vegas. He expressed concern a precedent might be set by providing the line. Senator Glomb suggested the Supreme Court might find the $5,000 from budget savings. Robert Guernsey, Principal Deputy Fiscal Analyst, informed Senator Raggio information was going to be provided by the Department of Data Processing.
Senator Jacobsen inquired who would be qualified to study the court system in Nevada. Mr. Miles answered Chief Justice Rose had indicated the study could be done by the National Center for State Courts. Senator Raggio agreed the center is a well-recognized group which is capable of such studies.
Senator Glomb asked for clarification of the purpose of the study. Mr. Miles responded the intention was to study court procedures, to develop data on caseloads throughout the system including district courts, and to study ways in which procedures could be streamlined. He cited the concern of the court over the failure of a ballot measure to establish an appellate court and thus reduce the caseload for the Supreme Court.
Senator Raggio declared the Supreme Court budget would be held pending receipt of more information.
Board of Pardons Commissioners - Page 81
SENATOR GLOMB MOVED TO APPROVE THE BUDGET AS RECOMMENDED BY THE GOVERNOR.
SENATOR COFFIN SECONDED THE MOTION.
Senator O'Donnell asked if the Governor's recommendation deleted two positions. Mr. Miles responded there are currently three positions which will drop to one position. He explained the board is used to equalize the salaries of Supreme Court justices so that they are all paid the same salary regardless of when they were elected.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
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Retired Justice Duty Fund - Page 83
Mr. Miles stated the current statute requires that 3.5 percent of the amount of the administrative assessments going to the court budgets should be placed in the Retired Justice Duty Fund. He explained an adjustment to unallocated salaries was necessary in order to comply with the statute. The amount to be reallocated would be $1,190 in the first year of the biennium, and $1,520 in the second year.
SENATOR O'DONNELL MOVED TO ADJUST THE BUDGET ACCORDINGLY.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
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Senator Coffin inquired if any action was going to be taken in response to a suggestion by Senior Judge Llewellyn A. Young to use retired judges to fill in for the district courts and thus save the considerable expense of adding new judges and courtrooms. Senator Coffin asked if the Retired Justice Duty Fund would be the source of funding for such a tactic.
Senator Raggio responded the subject might be studied during the interim since no funds are available at present to expand the budget. He agreed Judge Young's point was well-advised.
Senator Jacobsen asked if a retired judge who was used to supplement or temporarily replace a district court was paid by the day. Senator Raggio answered he or she would be paid at the same daily rate as a sitting judge.
Senator Glomb asked if the purpose of the Board of Pardons Commissioners budget was to provide longevity. Senator Raggio replied it was used to avoid a limitation in the constitution that no raise may be disbursed to any judge during his or her term of office. He said the board was a device that had been employed for many years to provide extra pay for judges in an amount sufficient to bring all salaries into conformity with other Supreme Court Justices. He said judges also receive longevity pay in addition to their regular salaries and the salaries attributable to the Board of Pardons Commissioners.
Senator Glomb inquired into the duties of the Board of Pardons Commissioners. Senator Raggio replied the members of the Supreme Court perform service as a board of pardons and the Board of Pardons Commissioners is the device to pay them for that service. He stated, "At the district court level they are paid extra when necessary for being on the board of library trustees." He repeated it is strictly a device used so that each judge will be paid a salary equal to that of the other judges.
Supreme Court Justices and Widows Pensions - Page 85
SENATOR COFFIN MOVED TO APPROVE THE BUDGET AS RECOMMENDED BY THE GOVERNOR.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
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Law Library - Page 87
Mr. Miles pointed out judiciary court budgets are not reviewed by the Budget Division. Therefore, he said, the Budget Division did not know what the charges were going to be for property and contents insurance for the Law Library. He said the Law Library was requesting an increase over the Governor's recommendation of $1,460 in the first year and $2,346 in the second year to cover the anticipated increased charges from the Risk Management Division.
SENATOR GLOMB MOVED TO APPROVE THE BUDGET WITH THE RECOMMENDED ADJUSTMENTS.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Administrative Office of the Courts - Page 90
Mr. Miles stated there had been a request to make a technical correction. He said through an error the fringe benefits for the Administrative Office of the Courts (AOC) had been put into the account for District Judges' Travel. He said the funding for the benefits would be provided through administrative assessment charges.
Senator Raggio recalled income from photocopying had not been included as revenue and a letter of intent was to be sent to correct that issue.
Mr. Miles pointed out the AOC receives 18.5 percent of the 51 percent share of administrative assessment fees that go to the courts. Senator Raggio asked if the $46,000 reflected in the budget should be left in place in order to reach the $150,000 for the court study. He cautioned against approving any appropriation which would bring the total for the study up to the original request of $194,000 in light of Chief Justice Rose's concession $150,000 would suffice.
Donald J. Mello, Court Administrator, Office of Court Administrator, came forward to clarify the issue of the court study. He said the amount discussed with the Assembly Committee on Ways and Means consisted of an appropriation of $60,000 in the first year and authority for Clark County to provide $60,000 and Washoe County to provide $30,000 for a total of $150,000 for the study. He pointed out most of the funding had been scheduled to come from administrative assessment (AA) fees due in the second year of the biennium, so an appropriation was being sought for the first year to be repaid in the second year from those fees.
Senator Raggio said any closing action to be taken would be contingent upon the committee being able to view the written
document which had been provided to the Assembly Committee on Ways and Means.
Mr. Mello said there had been another recommendation by the staff to request the $60,000 from the Interim Finance Committee (IFC) in the event the counties did not contribute $90,000 for the study. Senator Raggio said he had not heard of that proposal earlier.
Mr. Mello offered to provide a copy of the prospectus prepared by Chief Justice Rose for the ways and means committee. He indicated he could have the report in hand within a matter of minutes.
Senator Glomb said she had noted a request for an increase in the salary of the deputy director. She asked if that sum had been included in the budget as proposed. Mr. Mello responded an additional $2,000 per year was being requested to increase the salary of the deputy director over that of the chief of financial management. He noted the deputy director's salary is presently less than that of a subordinate, and it would require a 4.4 percent increase to bring the deputy director's salary over the salary of the subordinate. He said the position was unclassified and would appear in the bill regarding unclassified pay. Senator Raggio said he would make a note that the request for the salary increase would be included in the pay bill.
Senator Raggio asked if there was a motion to adjust the budget according to the recommendations.
SENATOR GLOMB MOVED TO ADJUST THE BUDGET ACCORDING TO THE RECOMMENDATIONS INDICATED AND TO CLOSE THE BUDGET ON THAT BASIS.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Since Mr. Mello was present, Senator Raggio returned to discussion of the Supreme Court's budget.
Supreme Court - Page 75
Senator Raggio declared the $5,000 cost for the dedicated telephone line seemed to be "questionable at best." He asked why it should be granted to the Supreme Court and why it should not be granted to any office in the state.
Mr. Mello responded a review of long-distance telephone charges had indicated the cost was equal to or in excess of what a flat monthly rate would be over two dedicated telephone lines, one going south and one going north. He stated the $5,000 would be a one-time installation charge, and the cost of the lines would be paid out of savings generated from telephone expenses.
Senator Raggio asked why the Supreme Court did not use funds already in the budget for the installation. Mr. Mello replied, "Well, this is an installation charge, so the savings generated in the budget would only cover...the monthly operating fee. It would not be enough to pay for the installation."
Senator O'Donnell inquired if the savings had been calculated at the time the budget was formulated. Mr. Mello replied:
The expenditures will still be made, but rather than making them for toll charges we'll be making them for...a flat-rate telephone line. So either way the expenses will be made. If we don't have the flat-rate line then we will be incurring toll charges.
The lines...are an additional cost but the fact that we would no longer be incurring toll charges would generate a savings to pay for the fixed cost of the telephone lines...so...in lieu of paying for toll charges we'll be paying for a flat-rate line.
Senator Raggio asked if the coverage would be the same as that with the present telephone system. Mr. Mello replied he believed it would, and it was his understanding that multiple calls could be made simultaneously if the proper equipment is in place at both ends.
Senator Raggio inquired about the requested salary increases for staff attorneys. He charged:
We are again back to the old whip-saw situation where the attorney general is saying her salary levels are not the same as yours, and, I might indicate that the argument is `you started it' because you on your own raised the staff salaries after we had gone through the effort of equalizing.... How much is involved in the increase that's requested for staff salaries?
Mr. Mello replied:
I don't have the total numbers with me. I wasn't prepared for this.... What we're seeking though is that our highest-paid staff attorneys be paid $3,861 less than their lowest-paid staff attorneys. ...Our efforts in the past have...been to try to make our attorneys paid equally to theirs, but we never seem to gain any ground...
Senator Raggio pointed out such maneuvers could include staff from the Legislative Counsel Bureau and the attorney for the Department of Industrial Relations and so on. He declared the problem had been resolved until a change had been made by the Supreme Court.
Mr. Mello responded he had made an analysis of the past 10 years
and had found that the salaries for the Supreme Court attorneys had always been the lowest. He asserted the Supreme Court attorneys' pay had been used as the foundation for all other salaries. He suggested a different factor should be used.
Mr. Mello repeated his opinion his employees were deserving of higher pay. He averred many of his employees had been forced to take pay cuts after the last session because the pay bill came out with one salary for a Staff Attorney III that was $1,000 less than the salary that had been authorized by the 1989 legislature.
Senator Raggio declared he would hold the budget in order for the committee to review the figures for staff salaries.
Uniform System of Judicial Records - Page 94
Senator Glomb inquired if the appropriation for data equipment was a one-time appropriation. Mr. Mello responded she was correct. He said an appropriation of $244,000 had been allocated in 1991 to
which the funding in the judicial records budget would be added in order to provide for equipment needed for the Supreme Court.
Senator Glomb asked if the source of the funding was being taken from judicial grants. She wanted to know what the total cost would be for the data equipment. Mr. Mello replied, "We don't have the total figure right now, but we've set aside out of that budget account $475,000 to supplement the $244,000." Senator Glomb asked how that was possible because the entire budget was only $401,000. Mr. Mello answered there was a carryforward from previous years.
Mr. Mello said:
We've been saving money in order to pay for this project and to pay for other projects. We've got many projects ongoing and requests for many more projects. There simply has not been enough money to go around so we've slowed down grants in order to save money so we can make down payments on systems and then set them up on a monthly payment basis.
Senator O'Donnell commented Senator Glomb had correctly observed that the budget reflects only the $378,000 recommended by the Governor. He pointed out the reserve carried forward was not reflected in the budget. He asserted the judicial records budget was not consistent with other budgets and did not present a true picture.
Mr. Mello explained, "This budget is funded from what are considered miscellaneous revenues and any revenues that remain at the end of the year carry forward to the next year."
Senator Glomb indicated the $475,000 from the budget added to the $244,000 for the Supreme Court would provide $700,000 for data processing equipment. She asked if that was being coordinated with the Department of Data Processing. Mr. Mello said the department was assisting the Supreme Court in the project.
SENATOR GLOMB MOVED TO ACCEPT THE BUDGET AS RECOMMENDED BY THE GOVERNOR.
SENATOR O'DONNELL SECONDED THE MOTION.
Senator Glomb declared the budget should reflect the true picture so that the purchase of nearly $1 million would appear in the next budget. Mr. Mello said a schedule had been prepared for the Assembly Committee on Ways and Means depicting the usage of the money. He offered to provide the schedule to the Senate Committee on Finance.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
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Senator Coffin said he was due to testify on a bill before a meeting of the Assembly Committee on Government Affairs. He declared he had been very impressed with earlier testimony from the judge from Smith Valley [Frances R. White, Justice of the Peace, Smith Valley Township] regarding the need for an additional employee in judicial education. He said he was in favor of the funding being requested.
Senator Raggio announced the committee would hear testimony on the one bill scheduled.
SENATE BILL 107: Makes appropriation to legislative fund for computer equipment and software for legislative counsel bureau.
As the chairman of the Subcommittee on Controller and Data Processing Consolidation, Senator O'Donnell supplied a report from the committee (Exhibit C) and gave his testimony. He reported the subcommittee had met several times during the interim to discuss appropriations. He acknowledged the budget item for computer equipment and software for the Legislative Counsel Bureau did not appear in the Governor's budget, nor would it ever be likely to appear. Senator Raggio pointed out the court budgets do not appear in the Governor's budget either.
Senator O'Donnell said the committee had considered appropriations for computer applications from various angles ranging from a wish list to what was deemed essential. He indicated the committee took the most conservative approach and supported the purchase only of supplies and equipment necessary for the legislative session at a cost of $132,700.
Senator Raggio called attention to the lists of items to be purchased in the report (Exhibit C). In the absence of further testimony, he closed the hearing on S.B. 107.
District Judges Salaries - Page 96
According to Senator Raggio all salaries would be covered by the budget. Senator Glomb asked if the budget included salaries for family court judges. Mr. Miles affirmed her query. In response to another question by Senator Raggio he replied the budget also included longevity payments.
SENATOR GLOMB MOVED TO APPROVE THE BUDGET AS RECOMMENDED BY THE GOVERNOR.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON, COFFIN AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Board of Law Library Trustees - Page 99
Calling it a non-budget item, Senator Raggio explained, "The reason for this is the judges are now all elected at the same time, in the case of district judges.... This budget will be closed as submitted." He opined a vote was unnecessary, but he called for a vote of all in favor.
THE VOTE TO ACCEPT THE BOARD OF LAW LIBRARY TRUSTEES' BUDGET CARRIED. (SENATORS RAWSON, COFFIN AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
District Judges Travel - Page 100
Mr. Miles commented the only change recommended in the District Judges Travel account was a reversal of amounts budgeted for fringe
benefits which should have been budgeted in the Administrative Office of the Courts budget. There are no positions in the District Judges Travel budget.
SENATOR GLOMB MOVED TO ACCEPT THE BUDGET AS ADJUSTED.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON, COFFIN AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Senator O'Donnell pointed out there had been two figures included under maintenance and fringe benefits in the District Judges Travel budget. He inquired if anyone remembered if those were to be put into another category. Mr. Miles replied they would go into the budget for the Administrative Office of the Courts.
District Judges and Widows Pension - Page 102
Senator Raggio called attention to adjustments which had been discussed to provide for retired judges. Mr. Miles cited a letter that had been received from the Administrative Office of the Courts requesting an addition of $72,417.50 in each year of the biennium for the retirement of an additional judge.
Senator O'Donnell asked for clarification. Senator Raggio stated his understanding the number of recipients under the program was being extended to bring the total to 18.
SENATOR O'DONNELL MOVED TO ACCEPT THE BUDGET WITH THE REQUESTED ADJUSTMENTS.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON, COFFIN AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Judicial Education - Page 104
Senator Raggio pointed out Judicial Education was the budget Senator Coffin endorsed just before he left to testify in an assembly hearing.
SENATOR O'DONNELL MOVED TO ACCEPT THE BUDGET AS RECOMMENDED BY THE GOVERNOR.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON, COFFIN AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Judicial Selection - Page 107
SENATOR GLOMB MOVED TO ACCEPT THE BUDGET AS RECOMMENDED BY THE GOVERNOR.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON, COFFIN AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Senator Raggio announced the budget of the Supreme Court would be voted upon after receipt of requested information from Mr. Mello.
Mr. Mello asked to make a statement on the status of the court's finances. He stated it has been forecast the administrative assessment fees included in the budget for the court will have a shortfall of approximately $300,000 in the current fiscal year. He acknowledged that shortfall will include reductions accepted by the court, which he said will help the Supreme Court budget.
Mr. Mello outlined the method to address the shortfall. He explained:
In the uniform records budget, 1486, and the judicial education budget, 1487, it's a simple approach, we just decrease the number of grants that we make. It becomes a little more complicated for AOC and for the Supreme Court budget. In the Supreme Court budget, with the actions that the court has taken to save money, of the amount that affects the court, two-thirds of it will be recouped for savings, salary savings and other operating expense savings.
He continued:
There's $80,000 that will be needed...in terms of cash, because those others...are non-cash items. Some of it was already built into the budget because of the salary savings, so that doesn't help us when we meet our salary-savings goal, it doesn't help offset the shortfall in revenues. $80,000...is still...projected to be needed for the court to finish the year and to accomplish that. What...we've been directed by ways and means is to work with staff for a bill draft...to affect two measures passed by the '91 legislature. One deals with the $175,000 appropriation that was made...so the court could move to the new building. There will be roughly a $40,000 surplus....
Mr. Mello said legislation would be required to authorize the use of the $40,000 savings to offset the shortfall from administrative assessments.
Referring to the $244,000 in funds for computerization, Mr. Mello asserted, "Because we saved sufficient money in the uniform records budget for the Supreme Court computerization project, we're going to be asking that we be allowed to take not more than $40,000 of that $244,000 and apply it to the shortfall." He reminded the committee the $40,000 would be made up from savings accumulated in another budget.
Mr. Mello declared expenditures would be reduced in the AOC budget as much as possible. Senator Raggio inquired if Mr. Mello was mixing bienniums. Mr. Mello replied, "No, it's all within the same biennium." When Senator Raggio asked about the data processing item, Mr. Mello replied:
Yes, I'm talking about legislation that's effective this biennium altering its purpose. For the AOC we would
accomplish it through a savings of expenditures and we have the one position in the office that...works 100 percent on Judicial Education. We would assess judicial education for the cost of that person in order to make AOC whole.
Senator Raggio asked if the Judicial Education money came from assessment fees, which Mr. Mello confirmed. Senator Raggio said, "So you're transferring, in essence, the assessment money." Mr. Mello responded, "It's similar to the cost-allocation plan. He said no transfer would be made. Senator Raggio asked Mr. Mello to provide the committee with a written record of the allocation plan.
Mr. Mello predicted a shortfall in administrative assessment fees in future years too. He said the plan devised in the Assembly Committee on Ways and Means was to reduce the number of grants in the uniform records and judicial education budgets. He stated, "In AOC, if we're going to be short we would once again assess judicial education for that one employee, and in the Supreme Court, if we're short, we would have to come back to interim finance."
Senator Raggio asked if Mr. Mello was suggesting that the budget be revamped to reflect lower receipts from assessment fees. Mr. Mello replied if that was done the appropriation would have to be increased in the Supreme Court budget. He asserted the budget was already at a "bare bones" level and should not be cut. He admitted it is very difficult to estimate how much will be received from administrative assessment fees and recommended increasing the appropriation.
Senator Raggio rejoined, "That begs the same question that we've been working with here on the manner in which these revenue projections are being made. You have the same built-in problem where...there's a tendency to want that assessment to be as high as possible. So what kind of internal procedures do you follow so that you don't fall into that trap?"
Mr. Mello replied revenue receipts are analyzed every month and compared against the budget. He said a monthly forecast is then made to the end of the year and again compared to the budget. He stated his office had been asked to make a report on the status of administrative assessment revenues to the IFC in January of 1994.
Mr. Mello averred if the legislature had used his revenue forecasts for the current biennium there would have been a surplus in both years. He asserted the budget numbers prepared by his office were increased, although he had no knowledge of who had made the recommendation to the last legislature to increase them.
Mr. Mello said, "We use a linear-regression analysis.... We take all of the prior years. It's not totally reliable, but it's the best method we've been able to determine to come up with numbers and we've been fairly accurate each year."
Senator Jacobsen recalled last session it had been found that both the administration and judicial branches had several computers with no plan. He remembered the administration had been supplied with a computer on a trial basis and then had been charged for it. He reminded Mr. Mello the office of the Supreme Court had indicated better information would be available as to needs and capabilities after the move into the new building. He asked if such a plan had been completed.
Mr. Mello replied the plan was being reviewed by the Department of Data Processing. He made assurances no purchases would be made
until he was certain the equipment would fulfill the needs of the Supreme Court offices. He declared, "We do not want to come back to a future legislature to correct a purchase made this year."
Senator O'Donnell asked if the judiciary budgets fell within the purview of the Department of Administration. Rochelle Summers, Principal Budget Analyst, Budget Division, Department of Administration, replied because it is a separate branch of government the budget is not reviewed by the Budget Division and is only displayed in the Executive Budget.
She reasoned the budget is included in order to calculate the General Fund expenses proposed by the judicial branch and to provide an mechanism for review by the legislature.
Senator Raggio resumed review of the budgets being considered on the previous day.
Plant Industry Fund - Page 459
Senator Raggio pointed out the issue had been whether the function of weights and measures should be retained in the Plant Industry Fund budget. The Governor's proposed reorganization would transfer weights and measures to the Department of Transportation. Senator Raggio indicated the question had arisen as to whether it would be appropriate to authorize highway funds in a proportionate amount to fund the weights and measures program.
Lorne J. Malkiewich, Legislative Counsel, Legislative Counsel Bureau, came forward to testify. He surmised there were two issues involved in the question. He said the first issue was whether weights and measures should be transferred from agriculture to transportation. He pointed out highway fund money was used in several departments besides the Department of Transportation (DOT) or Department of Motor Vehicles and Public Safety (DMV&PS).
Mr. Malkiewich said:
I don't know that that is relevant to the issue of whether highway funds would be available. Wherever the program is housed, if it is an appropriate expenditure under the constitution then it can be paid out of the highway fund.
Mr. Malkiewich stated he had first been apprised of the substantive problem as to whether highway fund money could be used for weights and measures about a week earlier and he had not had an opportunity to discuss it at any length. He acknowledged he had a conversation with Brian R. Hutchins, the chief deputy attorney general for the Department of Transportation. He explained Mr. Hutchins is responsible for DOT and DMV&PS within the Office of the Attorney General. He said one of Mr. Hutchins' primary duties is to be aware of any legislative incursions into highway fund money that is not authorized by the constitution.
Admitting that neither had researched the issue in detail, Mr. Malkiewich said he and Mr. Hutchins had come to a preliminary conclusion that in general it would not be appropriate to use highway fund money for weights and measures. He cited Article 9, Section 5 of the Constitution of the State of Nevada which provides that all revenue from excise taxes and registration of motor vehicles must be used, except for the cost of administration, for the construction, repair and maintenance of highways.
Mr. Malkiewich pointed out any justification for using highway funds for weights and measures would be attributable to the administration of the fuel tax. He acknowledged a substantial portion of the costs of administration go to the registration program and collection of fuel tax. He surmised that is the theory being proffered because a substantial portion of the weights and measures program is used to test the accuracy of fuel pumps.
Mr. Malkiewich explained neither he nor Mr. Hutchins subscribe to that argument because the basis of the tax is not imposed at the pump, it is imposed on the wholesale dealer not on the retailer. He conceded the pump may be used to verify that the amounts reported are accurate, but otherwise he said the verification, collection and the administration of the tax occurs at the dealer level.
Mr. Malkiewich said:
There...is an indirect argument that since they are verifying the amount of the tax based on the reading of the pump there is some connection there, but that's a small percentage of...that program. There's also a...small part of the weights and measures program that involves weighing materials delivered to the job site for construction of highways. There I think you could say that there is a direct connection to the construction of highways and could use highway fund money for that, but I believe that's only about 3 percent of their total expenditures....
Mr. Malkiewich reiterated his opinion the constitution would prohibit use of highway funds for weights and measures. He averred, "Even the background materials that we reviewed supporting this use of the money indicated that almost by way of admission that this really is more of a consumer protection function than a verification of the gas tax function."
Senator Raggio asked if it would be inappropriate to fund the weights and measures program with highway funds even if it was transferred to the Department of Transportation as proposed under the Governor's reorganization plan. Mr. Malkiewich restated his position it would still be inappropriate. He suggested it might be arguable that it might be acceptable if the Department of Transportation was administering the laws. He repeated his belief it would be analogous to moving another, unrelated program under the aegis of the Department of Transportation and then attempting to fund it out of the highway fund. That, he declared, would be inappropriate. Senator Raggio presumed it made no difference, therefore, where the program was. Mr. Malkiewich concurred.
Mr. Malkiewich repeated he would be willing to study the matter and report back but he had not had sufficient time to do so since being informed of the query on the previous day. Senator Raggio expressed his appreciation for the information provided.
Senator Jacobsen asked if any federal funding might be jeopardized if the legislature did authorize the use of highway funds for the weights and measure program. Mr. Malkiewich replied:
I don't believe so to the extent that the highway fund money...that would be used...you could attribute to the local registration and gas-tax money, and I don't believe there was ever an effort to charge anything other than the measuring of the gas pumps to the highway fund. I think this was presented as, since that's the dominant portion, that portion of the weights and measures program could be funded out of the highway fund. We feel the assumption that the measurement of...the accuracy of gas pumps being related to the tax on fuels, that that presumption is flawed. It really isn't related.
Mr. Malkiewich admitted the weights and measures program was probably the only portion of the reorganization program which had been anticipated to be charged to the highway fund.
Senator Jacobsen wanted to know if the sampling of gas was a function of agriculture. Mr. Malkiewich responded:
What you are allowed to charge is the administration of either the construction of highways, the administration or the registration of vehicles, the administration of the fuel tax. To the extent that this sampling was related in some way to the fuel tax, you might be able to include it within the [highway] funds. To the extent that it...has nothing to do with the amount of tax imposed, then it would not be properly chargeable against the highway fund.
Senator Raggio asked if there was any further testimony on the budget. None was forthcoming but the chairman decided to hold action until the following Monday.
Senator Raggio turned to the budgets for Mental Hygiene and Mental Retardation (MH/MR). As chairman of the subcommittee, Senator Glomb gave a report on MH/MR attached as Exhibit D. She said considerable testimony was received from the various agencies concerned during the five hearings she and Senator Rawson held.
Senator Raggio inquired if all the positions that were removed during the budget cutbacks were previously unfilled positions. Mr. Guernsey responded they were not all unfilled positions, there were a number of existing positions across all the agencies that had been affected. He explained many clients were dropped as a result of the budget reductions.
Dollar figures were discussed by Senator Glomb in her report. Senator Raggio asked if the General Fund appropriations cited by Senator Glomb to be displayed in MH/MR budgets rather than in the Medicaid budget were those the Governor had declared would be increased. Senator Raggio said the Governor had indicated there were areas in which the budget reductions were not going to be maintained including the distributive school account for kindergarten through 12th grade and MH/MR. Senator Glomb responded, "The committee needs to be aware though that that hasn't happened."
Senator Glomb continued her report. She declared the actual General Funds for MH/MR will go down during the biennium from the $75 million recommended during the 1991-93 biennium to $66 million. She explained there was another $10 million allocated to Medicaid during the previous biennium, which had been displayed in another account, but which brought the total to an actual $85 million. The present budget account includes $10 million which will go to Medicaid, she said. She complained, "These budgets are decimated."
Asking if the budget was being reduced by $9 or $10 million, Senator O'Donnell asked for clarification. Senator Glomb replied, "The Medicaid account is reduced by that much and shows up in this budget so it looks like there's a $10 million increase in this budget account. The last biennium that $10 million wasn't shown in this budget account, it was shown in the Medicaid account." Senator O'Donnell conjectured that meant the Medicaid account was being reduced by $10 million in General Funds, which Senator Glomb affirmed.
Senator Glomb continued her report in which she documented reductions in services that had taken place over the last two years. Senator Raggio commended Senator Glomb and Senator Rawson on the extensive efforts they had put into the MH/MR budgets.
Mental Hygiene and Mental Retardation - Page 713
Senator Glomb enumerated the subcommittee's recommendations. She advised retention of three positions that had been identified for deletion in the Executive Budget. In order to fund the positions she made the recommendation that Title XVIII Medicare revenues be increased within the budgets of the Southern Nevada Adult Mental Health Services (SNAMHS) and Nevada Mental Health Institute (NMHI). She said she had been led to believe by the Department of Personnel those funds could be used to pay for those positions. Her report described the positions being recommended for retention.
Senator Raggio asked if her recommendation to restore the positions in lieu of reorganization savings would result in a General Fund increase of approximately $300,000 but they would be offset by reductions in the SNAMHS and NMHI budgets which were funded through Medicare. Mr. Guernsey confirmed the statement.
Senator Jacobsen asked how much would be received from the federal grant for victims assistance to Indians and how it was administered. Mr. Guernsey replied although the funds flow through the MH/MR administrative office to service providers they are not administered by the division. He said those funds are earmarked primarily for domestic-violence type issues. In response to another question he expressed the belief the Indian grant specifies the usage of the grant money.
Senator Raggio announced that, although no testimony was being taken on the budgets at hand, any agency representatives present were welcome to speak out on corrections or additions germane to the budgets.
SENATOR GLOMB MOVED TO ADJUST THE BUDGET BY RESTORING THE THREE IDENTIFIED POSITIONS DESCRIBED, THE MANAGEMENT ASSISTANT, THE DEPUTY ADMINISTRATIVE PERSONNEL OFFICER AND THE CLERICAL MANAGEMENT ASSISTANT, BY ELIMINATING REORGANIZATION SAVINGS ACCORDINGLY AND INCREASING THE GENERAL FUND APPROPRIATION BY AN AMOUNT OF $127,287 IN FISCAL YEAR 1994 AND BY $170,661 IN FISCAL YEAR 1995, BASED ON THE UNDERSTANDING THAT THERE WILL BE APPROPRIATE REDUCTIONS IN THE GENERAL FUND FOR THE OTHER BUDGETS DISCUSSED WHICH WOULD BE OFFSET BY TITLE XVIII REVENUE.
SENATOR COFFIN SECONDED THE MOTION.
Senator O'Donnell asked how it was possible to obtain more revenue from Title XVIII funds. Mr. Guernsey answered all Title XVIII revenues are based upon services provided. He said if additional services are provided to which the recipients are entitled additional revenues will usually be granted. He added the MH/MR Division establishes the daily rate through documentation from the prior year. If additional salary or medical costs are incurred within the year MH/MR is allowed to collect the difference, he said.
Senator Jacobsen asked what justification had been given by the administration to remove the three positions as recommended in the Executive Budget.
Ms. Summers responded the deletion of those positions had been predicated upon the reorganization of government under which MH/MR would be transferred into a Department of Education, Health and Human Services (EHHS) which would result in the elimination of some administrative positions. She said part of the reason to eliminate the personnel officer was due to a proposal that the consolidation of fiscal services and personnel services would be achieved as a result of reorganization. She said, "I would like to go on record as indicating that there are some other proposed uses for this Medicare dollar that this agency will be presenting to you later that may be in conflict with what you're doing right now."
Senator Raggio asked Ms. Summers to elaborate. She replied, "After the subcommittee had finished their closings the food service budget went to bid and came back with bids that were much higher than are presented in the Executive Budget."
Senator Raggio asked to which items she was referring. Ms. Summers reiterated those were the MH/MR food service budgets. She explained:
The food service budget will require an infusion of funds. Those funds come as pass-through dollars from the Southern Nevada Adult Mental Health Services, the Southern Nevada Mental Retardation budget and the Division of Child and Family [Services]. It's been indicated that the...increased cost of that food is going to be much higher than was originally anticipated.
Ms. Summers estimated food services would cost about $200,000 more per year than projected. She attributed part of the increased cost to the renovation of the kitchen and the requirement for offsite food preparation.
Senator Raggio asked if the budget office was now recommending an adjustment in the budget by those amounts. Ms. Summers replied:
The funding for that has been indicated that we need to make a recommendation. ...We worked with the agency and came up with...the ability to cover that without asking for General Fund dollars, but it requires the use of the additional Medicare dollars that you are now considering for use in another fashion.
Senator Raggio reiterated the proposal before the committee for use of increased Medicare revenue would offset the $300,000 increase from the General Fund. He asked if the budget office anticipated use of the same funds. Ms. Summers replied that was correct.
Mr. Guernsey pointed out one of the driving goals of the subcommittee had been to attempt to deal with significant problems within the budgets of MH/MR without adding to General Fund costs. He declared the subcommittee had explored all avenues, including additional revenues, and through work with the MH/MR Division had settled upon the additional funding sources from Title XVIII and some block grant funds of about $65,000 in southern Nevada.
Mr. Guernsey stated the additional costs under discussion were all to be funded from additional revenues or from savings within the agencies. He said the subcommittee was aware that the food-services operation was going out to rebid in two ways, one to provide food onsite using state facilities, and one for food preparation offsite. He averred that due to the complexity of the latter proposal a number of providers chose not to bid and only one bid was submitted. He admitted the bid did include an increase. He noted that once the budget office became aware of the additional expenses they elected to use the same revenues that had been identified by the subcommittee and the MH/MR Division.
Senator Raggio called for a vote on the motion as set forth above.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
MH/MR Training - page 719
SENATOR GLOMB MOVED TO CLOSE THE BUDGET ACCORDING TO THE GOVERNOR'S RECOMMENDATION.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Southern Nevada Adult Mental Health - Page 721
Senator Raggio recalled the budget contained reductions in the General Fund referred to earlier by Senator Glomb.
Senator Glomb stated a number of adjustments were being recommended. She advised increasing the Title XVIII Medicare revenues while reducing the General Fund appropriations to pay for one-half the cost of the positions added to the division's central office as mentioned above.
Senator Glomb made another recommendation to restore one half-time position for payroll and personnel functions. She described the position as being one for a public service intern.
Senator Glomb's final recommendation was the addition of a clinical office in the southeastern portion of Las Vegas. She pointed out that in February of 1992 the agency was required to close six out-patient counseling and treatment sites in Las Vegas with the subsequent closure of 980 client cases. She said the remaining services were consolidated at one location on the West Charleston campus. She asserted the effect on clients in north and southeastern Las Vegas was adverse. She added individuals in Henderson are having a difficult time accessing mental health care for counseling as well as for medications.
Senator Glomb described testimony that indicated many clients spent the entire day arranging for transportation to and from the West Charleston campus in order to obtain treatment or medication.
Senator Raggio inquired which of the options suggested by Doctor Zadny (Administrator of the Mental Hygiene and Mental Health Division) in his memorandum to Mr. Guernsey dated April 14, 1993, (Exhibit E), the subcommittee had utilized. Mr. Guernsey replied the second option was selected.
Senator Glomb concurred and said the recommendation was that four case managers, one physician, one nurse and a program manager be redeployed and that one psychologist and one management assistant be added to serve the clients in southeast Las Vegas. She also advocated increasing the operating costs including janitorial equipment, utilities and implementation of a pharmacy contract.
Senator Raggio asked if the items being proposed had been worked out with a subcommittee of the Assembly Committee on Ways and Means. Senator Glomb said her subcommittee made the decisions independently but the ways and means subcommittee had been apprised of the finance subcommittee recommendations.
Senator Glomb pointed out that the General Fund reductions to SNAMHS had amounted to $1.8 million in fiscal year (FY) 1992 and $2.5 million in FY 1993. She declared that resulted in a loss of 88 positions which had a terrible effect on clients in southern Nevada.
Senator Glomb estimated the opening of the office would serve 800 existing clients through medication clinics, case management, supported housing, living skill training and crisis counseling. She anticipated the office would be able to serve an additional 324 persons.
Ms. Summers pointed out the budget for SNAMHS was one of those that would be affected by the increased costs for food services. Senator Raggio asked what concern the Governor might have about the lack of services to the southeastern area of Las Vegas. Ms. Summers replied that although the Governor is seriously concerned, the choice may be to stop services to the existing clients at SNAMHS and close down beds while opening a new clinic.
Senator Raggio asked if Ms. Summers meant to suggest that it would force the closure of beds if the committee adopted the suggestions of the subcommittee. Ms. Summers replied that would be the case unless the committee wants to put General Fund dollars into the budget to support the additional costs of higher food service.
Senator Raggio noted there had apparently been no incentive for people to bid based upon the manner in which the food service proposals had been outlined. Ms. Summers responded although there had only been one bid there would be no choice but to use some offsite services during the coming biennium. She admitted the specifications for offsite preparation did preclude a number of people from bidding on the service.
Senator Coffin pronounced the cut in the MH/MR budgets "the unkindest of all and perhaps the unwisest" of all the cuts made during the interim. He insisted many of those affected were people who had nowhere to turn, many with no relatives, who were suddenly left to their own devices and who had no idea how to obtain care. He admitted it was probably the most unpopular cut made by the Governor. He declared his support for the subcommittee's recommendation.
Senator Raggio repeated the allegation by the Budget Division that adoption of the action being recommended by the subcommittee could force closure of beds in the adult mental health program. Senator Glomb protested the needs of the clients were not met in the budget proposals, and she contended the legislature has the responsibility to represent those people. She stated, "Somehow we're going to have to find the money to fund them, because there is a desperate need for these services." She declared the documentation of the need is very clear.
Mr. Guernsey noted part of the additional cost for the SNAMHS budget would be offset through additional block grant funds in the first year amounting to approximately $65,088. He admitted the legislature will have to grapple with the issue of the food cost increases. He suggested additional bids might be solicited.
Senator Raggio asked if the bid had been accepted. Jean Laird, Senior Management Analyst, Mental Hygiene and Mental Retardation Division, Department of Human Resources, replied the bid was due on May 5 and it had not been awarded yet. When asked if new bids would be solicited, she said that was being considered.
Regarding closing down existing beds, Mr. Guernsey admitted it would be a decision by the MH/MR Division, but he doubted they would do away with any inpatient beds for severely chronically mentally ill. He surmised they would target new transitional severely mentally ill (SMI) beds within the community that are patterned after community placements that the mental retardation program uses.
Ms. Laird agreed with Mr. Guernsey's assessment. She said, "In all likelihood we would probably delay that type of placement and possibly not fill some new positions that have been recommended until later."
Senator Glomb asserted:
If these budget accounts are forced to do that sort of thing, it is only going to increase another problem...in terms of the increased number of severely mentally ill patients showing up in jails both in southern and northern Nevada.
Senator Glomb averred community placements are the most cost-effective way to deal with such clients. She explained the case manager monitors their living situations and helps them secure housing to keep them off the street and out of hospitals or jail.
SENATOR GLOMB MOVED TO ADJUST BUDGET ACCOUNT 3161 ON PAGE 721 BASED UPON THE RECOMMENDATIONS OF THE SUBCOMMITTEE WHICH INCLUDES A REDUCTION IN GENERAL FUND APPROPRIATIONS OF $63,644 IN THE FIRST YEAR AND $85,331 IN THE SECOND YEAR, WITH A LIKE INCREASE IN TITLE XVIII FUNDING AND AN INCREASE IN BLOCK GRANTS AS INDICATED AND WITH THE POSITIONS RESTORED AS INDICATED AND WITH THE ADDITION OF STAFFING AND ATTENDANT COSTS WITH REFERENCE TO THE HENDERSON CLINIC.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Southern MH/MR Food Services - Page 730
Mr. Guernsey suggested a request be made from the MH/MR Division to secure additional bids for food services. He referenced a memorandum from Jerry Zadny, Administrator of the MH/MR Division (Exhibit F). Senator Raggio opined that would be appropriate and requested the action on bids be expedited. He asked Ms. Laird to assume that responsibility and report back to the committee with proposals for action on the food service budget. He also requested the subcommittee and staff to provide full information available to the agency.
Ms. Laird stated a telephone survey of five potential bidders had indicated four would not bid due to the requirement for offsite food preparation for 4 months while the kitchen is being renovated. She said the fifth bidder polled suggested a cost nearly double that of the bid submitted.
Senator Raggio inquired into the status of the renovation. Mr. Guernsey responded it would commence during the summer and take approximately 4 months. He suggested bids could be secured for the 4-month period separate from bids conditioned upon the restoration of the kitchen.
Dave Luke, Northern Regional Director for Mental Retardation, Mental Hygiene and Mental Retardation Division, Department of Human Resources, said:
I think we would certainly be willing and able to proceed in an attempt to obtain alternate bids. Also, in checking the current bid we got though against current vendors in Washoe County it's...within a matter of 10 or 25 cents per meal, so I think regardless of the bidding process it's not going to totally resolve the [problem].
Dr. Luke acknowledged there may be some variation in southern Nevada. Senator Raggio declared everyone must work together to stretch dollars. He stated he would hold the budget.
Nevada Mental Health Institute - Page 734
Senator Glomb made a recommendation to increase Medicare Title XVIII revenue and to decrease the General Fund appropriations to offset the cost of adding three positions in the central administrative budget. She also recommended that the personnel analyst within the Nevada Mental Health Institute be reinstated and the cost be offset with budget savings.
Senator Raggio asked what justified restoring the personnel analyst. Mr. Guernsey responded the administration of all rural clinics programs, which previously had a personnel analyst, would be moving under the supervision and control of the business office and personnel office of the Nevada Mental Health Institute. He said the recommendation in the budget was to transfer the personnel position from the rural clinics to the institute and reclassify the position to do program-evaluation work. He added the Governor's budget also recommended the existing personnel position at the institute be eliminated.
Mr. Guernsey recapitulated, "You not only have the existing payroll personnel work load of the institute...but they would also have to assume the additional responsibilities of handling all the payroll personnel work of all the rural clinics offices scattered throughout Nevada." He suggested that was the primary reason for the recommendation in the Governor's budget.
In reply to another query, Mr. Guernsey said many people testified before the subcommittee that it is becoming increasingly difficult for severely mentally ill people, which he termed "decompensating," to access inpatient services in Washoe County. He noted the admission procedures in Clark County are different and appear to be working fairly well.
Senator Glomb explained the southern Nevada system has a component, a kind of a crisis unit, wherein the staff can keep patients for about 24 hours. She said sometimes the patients can be stabilized well enough that the case manager can find them someplace to live in the community. She stated, "That seems to be an intermediate...stop for patients that does help to hold down the census in the hospital as well as hold down the census in the jails." She said the northern system does not include such a component.
Senator Raggio inquired if that meant it was more difficult to be admitted. Senator Glomb said the staff must be careful who they admit into the inpatient unit because of the budget cuts. She added there are not enough case managers to deal with clients outside the inpatient unit.
Senator Raggio asked if there were 74 licensed beds at NMHI and an average monthly census of 45. Dr. Luke confirmed his query. Mr. Guernsey interjected the problem deals with a lower staff level because the budget is created to handle approximately 52 clients on an inpatient basis.
Senator Raggio wanted to know if that meant there are people who should have the hospitalization but who are not receiving it as a result of the reduced staff. Senator Glomb answered in the affirmative.
Dr. Luke explained the division has been pursuing alternatives such as board-and-care facilities or supported living in the community. He claimed the medication clinics have also been increased. He averred many people are being maintained in less costly situations with no need for hospitalization.
SENATOR GLOMB MOVED THAT BUDGET ACCOUNT 3162 ON PAGE 734 BE ADJUSTED IN ACCORDANCE WITH THE SUBCOMMITTEE RECOMMENDATIONS.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Facility for the Mental Offender - Page 744
Senator Glomb commented that the census at Lake's Crossing Center for the Mentally Disordered Offender continues to increase. She declared a southern Nevada unit will be needed soon since most of the increase can be attributed to people from the southern part of the state.
SENATOR GLOMB MOVED TO CLOSE THE BUDGET ACCORDING TO THE RECOMMENDATION OF THE GOVERNOR.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Rural Clinics - Page 750
Senator Glomb noted the rent figures in the budget may need to be increased as much as $10,000, but she admitted the actual dollar amount is not known at the moment. Mr. Guernsey reported the subcommittee had expressed concern with the transfer of half the clinic director's time to the Nevada Mental Health Institute and reassignment of administrative staff. He pointed out since the institute operates 24 hours per day and with the staff from the Rural Clinics housed at the institute there may not be sufficient time to adequately supervise the Rural Clinics program.
Mr. Guernsey said the subcommittee felt it would be necessary for the division to report to the Interim Finance Committee periodically on the status of caseloads in rural Nevada. Senator Raggio inquire what an appropriate reporting period might be. Mr. Guernsey stated every 6 months would be appropriate.
Senator Glomb interjected the committee should be aware the Rural Clinics program was one of those programs that was severely curtailed during the budget cuts. She said there are no longer clinics in a number of outlying areas.
SENATOR MOVED TO CLOSED THE BUDGET ACCORDING TO THE RECOMMENDATION OF THE GOVERNOR WITH THE SUGGESTION THE RENTAL MAY NEED RECONCILIATION AND THAT A LETTER OF INTENT BE PREPARED REQUESTING A SEMIANNUAL REPORT TO THE INTERIM FINANCE COMMITTEE AS TO THE ADEQUACY OF MANAGEMENT AND SUPERVISION OF THE RURAL CLINICS PROGRAM.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Southern Nevada Mental Retardation Services - Page 757
Senator Glomb indicated the subcommittee had received testimony that movement of persons to less restrictive settings has been documented to show it produces higher service at costs no greater or even less than institutions. She recommended a letter of intent be sent to the division indicating that the Southern Nevada Mental Retardation Services (SNMRS) be allowed to bring any budget changes to the IFC if they are able to develop additional community placements in a less restrictive environment at a cost savings.
In reply to Senator Raggio's query, Senator Glomb indicated the utilization of less restrictive settings would apply to retardation services in both the northern and southern parts of the state. She attributed the suggested language in the committee's draft to Dr. Luke. Dr. Luke confirmed her report.
SENATOR GLOMB MOVED TO CLOSE BUDGET ACCOUNT 3279 ON PAGE 757 ACCORDING TO THE GOVERNOR'S RECOMMENDATION WITH THE ADDITION OF THE SUGGESTED LETTER OF INTENT TO APPROACH THE INTERIM FINANCE COMMITTEE TO REDEPLOY ANY REGIONAL RESOURCES OF NORTHERN AND SOUTHERN NEVADA MENTAL RETARDATION SERVICES.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Northern Nevada Mental Retardation Services - Page 765
SENATOR GLOMB MOVED TO ADJUST THE BUDGET IN ACCORDANCE WITH THE SUBCOMMITTEE RECOMMENDATION TO RESTORE THE PERSONNEL ANALYST POSITION WITH AN INCREASE IN BUDGET SAVINGS TO OFFSET THE EXPENSE OF ADDING THE POSITION.
SENATOR O'DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Community Training Center Fund - Page 773
SENATOR GLOMB MOVED TO CLOSE THE BUDGET IN ACCORDANCE WITH THE GOVERNOR'S RECOMMENDATION.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Residential Placement - Page 778
SENATOR GLOMB MOVED TO CLOSE THE BUDGET ACCORDING TO THE RECOMMENDATION OF THE GOVERNOR.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Mental Retardation Home Care - Page 783
SENATOR GLOMB MOVED TO CLOSE THE BUDGET ACCORDING TO THE GOVERNOR'S RECOMMENDATION.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Victims of Domestic Violence - Page 950
SENATOR GLOMB MOVED TO CLOSE THE BUDGET IN ACCORDANCE WITH THE GOVERNOR'S RECOMMENDATION.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Senator Glomb updated the committee on a status report regarding prisoners in county jails. She said representatives of both Clark and Washoe counties testified that there is a high percentage of severely mentally ill patients in the jails that should be hospitalized or in some type of supervised situation.
Senator Glomb reiterated the crisis unit in Clark County seems to be helpful in diverting clients away from the jail system. She pointed out northern Nevada does not have a similar service.
Senator Glomb apprised the committee a possible class action may be brought against the division due to lack of service to the severely mentally ill. She said there may be an increase in the number of people being sent to the Northern Nevada Mental Health Institute through a triage system being developed in Washoe County. She declared it will demonstrate the need for more beds in northern Nevada.
Senator Raggio asked if additional staffing would be necessary to open up more beds. Senator Glomb replied it would cost between $300,000 and $400,000 per year to set up a crisis-holding unit while it would cost $600,000 per year to increase staffing for 12 1/2 beds at the NNMHI.
Senator Raggio asked if she meant in northern Nevada only. She answered, "Yes." She identified the crisis-holding-unit plan as an intermediate measure which would cost less than staffing for a 12 1/2 beds. When Senator Raggio asked if the subcommittee was making a recommendation to that effect, Senator Glomb replied the subcommittee took no action but just wished to alert the committee. Senator Raggio agreed with her that it posed a major problem.
Senator Jacobsen reported he had contacted the Desert Research Institute (DRI) in regard to the state climatologist. Senator Raggio interjected the committee might want to take action on S.B. 107 before hearing the gentlemen from DRI.
SENATOR GLOMB MOVED TO DO PASS S.B. 107.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAWSON, O'DONNELL AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Dr. James V. Taranik, President, Desert Research Institute, testified at the request of Senator Jacobsen. He voiced his understanding the position of state climatologist, held by Dr. John W. James, is currently under the administration of the geography department at the University of Nevada, Reno.
Dr. Taranik advised the committee the DRI runs the western regional climate center, one of six such centers in the country. He declared it is a big program, especially with the weather modification program. He said the current state climatologist works very closely with the staff at DRI on cloud seeding and weather modification and one of those employed at DRI is the assistant state climatologist.
Dr. Taranik said the assistant is supported by DRI funds, not state funds. He indicated funding would be an issue with DRI if the state climatologist was moved to DRI.
Senator Raggio asked if it would be feasible to move the state climatologist to DRI if the funding was continued without cost to the DRI. Dr. Taranik replied DRI would like to accommodate that because DRI feels Dr. James has provided valuable service to DRI programs.
Senator Raggio indicated he had heard the new proposed position of science advisor might be placed with DRI also. Dr. Taranik said that was the first he had heard of that proposal.
Senator Coffin suggested the university might feel a proprietary interest in the position of state climatologist since the university pays three-fourths of the cost.
Senator Jacobsen interjected a main consideration may be that the DRI has plans to build a new weather station. He indicated this may be one alternative that should be considered.
Senator Raggio asked if Dr. Taranik had any problems with the possibility of the climatologist being moved to DRI. Dr. Taranik indicated DRI only wanted to do what would be in the best interests of the state. He stated his belief Nevada should have a state climatologist.
There being no further business before the committee, Senator Raggio adjourned the meeting at 9:50 a.m.
RESPECTFULLY SUBMITTED:
Judy Jacobs,
Committee Secretary
APPROVED BY:
Senator William J. Raggio, Chairman
DATE:
??
Senate Committee on Finance
April 30, 1993
Page 1