MINUTES OF THE

      SENATE COMMITTEE ON FINANCE

 

      Sixty-seventh Session

      May 10, 1993

 

The Senate Committee on Finance was called to order by Chairman William J. Raggio, at 8:10 a.m., on Monday, May 10, 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 Raymond D. Rawson, Vice Chairman

Senator Lawrence E. Jacobsen

Senator Bob Coffin

Senator Diana Glomb

Senator William R. O'Donnell

Senator Matthew Q. Callister

 

STAFF MEMBERS PRESENT:

 

Dan Miles, Fiscal Analyst

Bob Guernsey, Principal Deputy Fiscal Analyst

Jeanne L. Botts, Program Analyst

Larry L. Peri, Program Analyst

Marion Entrekin, Committee Secretary

 

OTHERS PRESENT:

 

Heather House, Concerned Citizen

Toni W. Cumpton, Interpreter for the Deaf

Carolyn Gearhart, Interpreter for the Deaf

Donald J. Mello, Court Administrator, Office of Court Administrator

Mariteresa Rivera-Rogers, Court Interpreter, Eighth Judicial        District Court

Rosemary Flores, Nevada Hispanic Services

Alisia Darias, Attorney, Clark County Public Defender's Office

Eugene T. Paslov, Ph.D., Superintendent of Public Instruction,       State Department of Education

Judy Matteucci, Director, Department of Administration

 

 

Senator Raggio acknowledged the presence of a former colleague and former chairman of this committee, Senator Floyd Lamb, in the audience today.

 

Senator Raggio opened the hearing for discussion of Senate Bill (S.B.) 219.

 

SENATE BILL 219:  Provides for certification of court       interpreters for persons who are deaf or who             do not know English language.

 

Heather House, Concerned Citizen, said she is concerned about S.B. 219 as written and pointed out her concerns are also those of the deaf community and professional interpreters in the State of Nevada.  Her written testimony, Exhibit C, in which she asked for amendments to S.B. 219 was read for the record.  She also distributed to the committee Exhibit D, a letter to Senator Raggio from a student of sign language dated May 5, 1993. 

 

Senator Raggio asked Ms. House if she had been doing volunteer work for the deaf community.  Ms. House answered in the affirmative and commented she is also a student studying sign language and is presently taking an interpreter's course.

 

Senator Raggio referred to section 4 of S.B. 219 and asked Ms. House if she believes the definition reflected therein may violate the interpreter's code of ethics.

 

Ms. House responded that section 6, subsection 4, as written, has resulted in individuals being jailed because they refused to break their code of ethics.  She specifically referred to the wording, "...acts in the place of the witness..." indicated on page 3, lines 1 and 2.  She said an interpreter does not become the witness but merely voices or signs what is being said.

 

Senator Raggio asked for an example of how this would occur.  He said he was not clear on what an interpreter's code of ethics refers to.

 

Ms. House distributed to the committee Exhibit E, excerpts from a publication regarding the ethics of interpreting and the Code of Ethics from the Registry of Interpreters for the Deaf, Inc. (RID).

 

Toni W. Cumpton, Interpreter for the Deaf, explained she is a certified deaf interpreter and has worked within the deaf community with various organizations concerning the deaf. 

 

In response to Senator Raggio's questions, Ms. Cumpton explained the code of ethics or guidelines were written to facilitate communications important to the interpreting profession.  She said confidentiality, impartiality, discretion, and professional distance are the four general principles upon which the code of ethics rests.

 

Ms. Cumpton said interpreters have been jailed because of their refusal to disclose a confidentiality given by deaf individuals.  The last such incident occurred in Fresno County, California, when an interpreter was jailed because he/she refused to give an attorney information provided by a deaf client in a confidential manner.  In a courtroom setting, Ms. Cumpton said the interpreter will voice whatever is signed and sign whatever is voiced but will not reveal a confidentiality.

 

Senator Raggio asked where the code of ethics has officially been recognized.

 

Referring to Exhibit E, Ms. Cumpton said the code of ethics is recognized by RID chapters nationally.  She said to be a certified interpreter, one must abide by the code of ethics.

 

Senator Raggio inquired if it is also inherent in Nevada law that a certified interpreter must abide by the code of ethics.

 

Carolyn Gearhart, Interpreter for the Deaf, answered in the affirmative and added that not only applies in the courts, but anytime an individual is called in as an interpreter in any environment.  She also pointed out that the National Association of the Deaf, of which she is a member, follows the same code of ethics.

 

When asked by Senator Raggio if she wished to have the wording, "...acts in the place of the witness" stricken from section 6, subsection 4, of S.B. 219, Ms. House replied, "Yes."

 

Ms. Gearhart also believes this wording should be stricken from the bill.

 

Senator Rawson said it would be possible to spell out that an individual acting as an interpreter shall not be asked to violate the confidentiality or rights of the individual who stands accused.

He then asked the testifiers if they believe the bill is necessary.

Ms. House, Ms. Cumpton, and Ms. Gearhart all answered in the affirmative.  Ms. Gearhart pointed out there are too many individuals who act as interpreters in the courts today that are not qualified or certified for that position.

 

Senator Rawson said he sees this as a critical issue because when one stands accused and is unable to communicate, his/her rights cannot be properly protected.  He concurred that if one assumes the role of interpreter in behalf of a deaf individual and is not translating in an accurate manner, that individual's rights would absolutely be forfeited.  He believed certification should at least meet the national standards and not be "watered down".

 

Senator Rawson asked if there have been any studies that have demonstrated the accuracy of the communication that has taken place between an interpreter and his/her client.  He asked, "Is the person properly protected or would that individual be better served by written communication?"

 

Ms. Gearhart very emphatically declared the individual should not use written communication in lieu of a certified interpreter.  She also replied there have been many studies that have confirmed the  accuracy of communication by a certified interpreter.

 

Senator Raggio referred to a fiscal note regarding S.B. 219 that indicates the National Center of State Courts estimates that the court interpretation program proposed by this bill would cost, at a minimum, $200,000 annually.  No maximum is estimated.  It further indicates the National Center of State Courts recommends states await the release of a nationwide study on the subject of court interpretation.

 

Donald J. Mello, Court Administrator, Office of Court Administrator, stated before preparing the fiscal note he checked with the National Center of State Courts who recognized the court interpretation program is a problem nationwide.  He said at the present time there are a few states with laws similar to that proposed by S.B. 219, but their laws have not solved the problem.

Courtroom auditors have detected major errors made by individuals with extensive language skills.

 

It being a problem of national scope and because states are getting involved, Mr. Mello said the National Center of State Courts feel they are in the best position to conduct a study of the issue, and then develop a national nonprofit organization to test persons for these skills.  The center intends to draft model legislation and guidelines for use in the states.  The center's goal is to reduce the costs to each of the states. 

 

Senator Raggio referred to Senate Bill (S.B. 244).

 

SENATE BILL 244:  Provides for certification of court       interpreters for  Spanish-speaking persons        involved in judicial          proceedings.

 

Senator Raggio noted the language of S.B. 244 is identical to that of S.B. 219 except it refers to Spanish-speaking individuals rather than the hearing-impaired.  He asked Mr. Mello if the National Center of State courts will cover all categories of the interpretation program in their study of the issues.

 

Mr. Mello replied he was advised the study will involve all aspects of the court interpretation program.

 

Senator O'Donnell clarified that S.B. 219 is all inclusive, but S.B. 244 deals only with Spanish-speaking persons.

 

Mr. Mello stated pursuant to Nevada Revised Statutes 1.360, the court administrator works under the supervision of the Nevada Supreme Court who are opposed to the passage of S.B. 219 and S.B. 244 at this time.  They feel it would be preferable to wait for the study by the National Center of State Courts and the model legislation that will offer guidelines.  They furthermore believe that because this is a matter that pertains to the district courts, the district courts should be positioned to administer this themselves and not the Nevada Supreme Court.

 

The National Center of State Courts pointed out to Mr. Mello there is an omission in section 6, subsection 3, of S.B. 219 and S.B. 244.  There should be a paragraph "c" insertion that would state, "Repeat to the witness to the best of his ability in the language of the witness the statements or questions addressed to the witness."

 

Senator Raggio concurred this would be an appropriate addition.

 

Mr. Mello pointed out the rural courts have a problem with the costs.  At the present time, they can locate individuals to assist the courts in an inexpensive manner.  In Winnemucca, Nevada, the judge usually telephones the local Safeway store and asks someone to come to the court to act as an interpreter.  The rural court judges are fearful with a certification program, they will be unable to locate interpreters to assist the court, or that the cost will be dramatically increased because that individual would have to come from Reno or Las Vegas.

 

Senator Glomb asked Mr. Mello if he was suggesting the rural courts use someone that would not be qualified to act as an interpreter.

 

Mr. Mello said the rural courts are using individuals they believe are qualified or knowledgeable of the language.

 

Senator Glomb interjected, "How would they know when they do not speak the language?"

 

Mr. Mello said in the case of the judge in Winnemucca, he knows enough to feel comfortable with the person acting as an  interpreter.

 

However, Ms. Gearhart maintains that is how translation problems arise.  She feels in the majority of cases, the judge is not qualified to make a decision regarding the skills of an interpreter.  In her opinion, only the deaf individual can make that decision.

 

Senator Raggio asked those testifying in regard to S.B. 219 to state any additional comments they may have regarding the bill.

 

Ms. Cumpton replied the language of the bill should be changed to reflect recognition of certifications made by other reputable organizations.  She referred the committee to section 4 of S.B. 219 that states, in part, that it is unlawful for a person to act as a certified court interpreter without a certificate as an interpreter issued by the court administrator. 

 

Ms. Gearhart disagreed with Ms. Cumpton stating the language of the bill, as proposed, is proper because she believes there has to be a central authority for the certification of interpreters for the deaf or those unable to converse in the English language.

 

Senator Callister said S.B. 244 attempts, for Spanish-speaking individuals only, to establish a procedure for certification similar to that already in place in California, New Mexico, and many other states that have a rapidly expanding Hispanic population. 

 

Senator Callister distributed to the committee members a copy of a facsimile (fax) communication (Exhibit F) written in support of the passage of S.B. 219 and S.B. 244 from Amigos De Lulac, a branch of the League of United Latin American Citizens located in Las Vegas, Nevada,

 

Senator Callister said Nevada's Hispanic population has increased 131 percent over the last 10 years while nationwide, there has been only a 38 percent increase which provides some sense of the disparity in Nevada's Hispanic population growth.  He remarked Nevada is now eighth in the nation in terms of total Hispanic population, which is extraordinary given the size of the state.

 

Senator Callister said to allege to provide a system of criminal justice and then not to provide for the most basic component of that system, an assurance that the defendant understands what the allegations are against him and what his options for defense are, is a travesty of the justice system. 

 

Senator Callister stated as many as 40 or 50 times each day in the Eighth Judicial District for Clark County, Nevada, there is a translator at work someplace in the court system.  Given the increased growth in the Hispanic population throughout the state, Senator Callister believes the need exists for court interpreters for Spanish-speaking translators on a statewide basis and urged the committee's positive consideration of the passage of S.B. 244.

 

Senator Callister introduced Mariteresa Rivera-Rogers, Court Interpreter, Eighth Judicial District, and Alisia Darias, Attorney, Clark County Public Defender's Office.

 

Ms. Rivera-Rogers said she has worked as an interpreter since 1975, has been the official interpreter for the Eighth Judicial District Court since 1981 and is the individual who recruits, trains, and tests the interpreters for the court. 

 

Ms. Rivera-Rogers pointed out the need for qualified translators for Spanish-speaking persons has quadrupled since 1981.  She reiterated there is a need in the Clark County court system for a translator at least 40 or 50 times each day, and of that number, 80 percent are for Spanish-speaking individuals.  The court system for Clark County presently has a bank of 230 interpreters with 74 languages covered.  They also have access to other banks in neighboring states for cases they cannot cover.

 

Ms. Rivera-Rogers commented the example of the judge that calls the Safeway store for a translator is horrifying.  Once tested, many individuals that have indicated they are qualified to act as an interpreter do not meet even 50 percent of the standards required and do not have training in such basics as courtroom procedure and confidentiality. 

 

Ms. Rivera-Rogers further stated to determine proficiency at the present time for translation of the Spanish language, a lengthy written test is administered that covers such areas as general vocabulary, legal vocabulary, and slang terminology.  They also administer an oral test to determine one's ability to translate simultaneously, consecutively, and on site or without the use of such tools as a dictionary.  Testing is performed three times each year.

 

Senator Raggio asked if the individuals are then certified.

 

Ms. Rivera-Rogers replied they do not issue a formal certification but do prepare written authorization issued by the Eighth Judicial District Court to allow an individual to act as an interpreter within the court system.  To her knowledge, Ms. Rivera-Rogers said none of the judges in the Eighth Judicial District Court system use an interpreter other than those authorized. 

 

Senator Raggio asked if there was a fee charged to individuals for taking the test and obtaining written authorization to act as an interpreter in the Clark County court system.

 

Ms. Rivera-Rogers stated there is no fee charged for taking the test and obtaining written authorization.  The interpreter does receive pay for his/her services.  The fee is $42 for the first hour and $60 for up to half of a judicial day, but not to exceed $120 per day.

 

Senator Raggio concurred with Senator Callister there is a need for assuring as fully as possible that what an interpreter hears is accurately and properly communicated.

 

Senator Glomb said it is her understanding that Clark County is the only Nevada county that has a program such as described by Ms. Rivera-Rogers, and she commented, "It makes you wonder how justice is being served without a similar program in other parts of the state."

 

Rosemary Flores, Executive Director, Nevada Hispanic Services, said her organization services the northern part of the state.  In 1986 an interpreter program began in this part of the state due to the need by many of the judges to receive translation services.  However, there is no formal certification program at the present time.  Ms. Flores voiced her support of the passage of S.B. 244.

 

Ms. Flores said she only knows of three interpreters pursuing certification in California to use their skills in northern Nevada, and this is of concern to her because the need exists to have many more qualified individuals to serve this purpose. The remainder of the interpreters used have had no training in translating the language and no knowledge of legal dialogue.

 

Senator Raggio asked if the Second Judicial District for Washoe County has established a list of qualified interpreters, even though they do not have a testing and authorization program.

 

Ms. Flores replied they do have a list and on it are the three individuals that are going through the certification process in the State of California.

 

Alisia Darias, Attorney, Clark County Public Defender's Office, said she is also certified by the Eighth Judicial District Court as an interpreter and has been since 1981.  She travels to various parts of the state where she has employed the use of her interpreter services in the courts.

 

Ms. Darias commented the rural areas are using interpreters with very limited skills, and she feels this is an inequity to the individual requiring translation assistance.   These people are often not afforded the right for due process and the right for consultation important to the safeguards for proper representation of someone in a criminal manner.

 

Ms. Darias is in favor of the passage of S.B. 244.  Also, she wished to mention that if this bill is passed, the Nevada Attorneys for Criminal Justice feel the development of a training program for interpreters of other languages should be implemented, especially in Clark County.

 

Ms. Rivera-Rogers feels interpreters must be aware of the differences in the meaning of some slang terminology used by Cuban or Hispanic individuals.  As an example, she said Cubans use the word "kilo" to refer to pocket change or money.  An interpreter translated this to mean a gram or kilo of cocaine or other controlled substance when the individual said, "I don't have a kilo on me."  Ms. Rivera-Rogers said he was trying to explain he did not have a cent in his pocket.  She explained this type of misinterpretation could lead to some very serious circumstances, even wrongful sentences.

 

Referring to the fiscal note relating to S.B. 244, Senator Raggio asked Mr. Mello:  "If this were limited solely to the Spanish language, your note indicates approximately $52,700 the first year and $63,600 the second year.  Is this based on Clark County costs? Is the fiscal note a statewide fiscal note?"

 

Mr. Mello answered in the affirmative to both questions and added that if the program were limited to Spanish only, it would take at least one person on staff and one assistant to manage the program.

 

Senator Raggio pointed out the fiscal note suggested there will be fees for certification, but Mr. Mello said that was an assumption on his part since he believes S.B. 244 is open to that fee assessment.  He further commented he wanted to illustrate this program could not pay for itself.  The fiscal note suggests a fee of $50 and a $100 certification charge.

 

Senator Raggio asked the testifiers if they believed a nominal fee of $50 per year would be a problem.

 

Ms. Rivera-Rogers said if there was a standard established that the interpreters would need a certification in order to work at certain places, she believed it would be acceptable to charge a $50 annual fee.

 

Mr. Mello said the only way a pool of interpreters could be maintained would be for them to keep in contact with the court system via the renewal of the certification.

 

Senator Jacobsen said he believed the interpreter should be a citizen of the United States because a noncitizen would not understand American law sufficiently enough to act as a translator in the courts.

 

Ms. Rivera-Rogers responded an interpreter does not have to be knowledgeable of the law itself, but rather of concepts of the meaning of the law.  She said attorneys explain the law, and the interpreter must manage the language to properly communicate the correct meaning.

 

In an effort to minimize costs, Mr. Mello inquired of the National Center of State Courts if the courts could contract with the foreign language departments of the universities to act as interpreters.  He was discouraged to do so due to the lack of understanding of courtroom procedures.

 

Senator Coffin said Nevada receives thousands of tourists each year from Latin-speaking countries who frequently are victimized by criminals who may or may not be Latin-speaking criminals.  As victims, these visitors usually are unable to relate their side of a criminal incident to the court to establish proper justice.  He believes this legislation must be passed and must be funded.  He believes fees should be imposed and that county participation from the judicial district should be encouraged.

 

Senator O'Donnell referred to the fiscal notes for S.B.219 and S.B. 244 and asked why there is such a major difference in the revenue expenses for S.B. 219 of $150,000 and $200,000 for the first and second years of the biennium as opposed to S.B. 244 of $52,713 and $63,600 for the first and second years of the biennium.  He did recognize S.B. 219 regards deaf interpretation but still questioned the vast difference in the projected costs between the two bills.

 

Mr. Mello replied the major difference in the two bills is the one that includes the deaf (S.B. 219) also includes all languages.  In discussing this with the National Center for State Courts, he projected at a minimum he will need three or four qualified interpreters for different languages and at least two assistants for them to properly administer the program.  Also, he believed he would need someone who understands issues relevant to the hearing impaired.

 

Senator O'Donnell posed the question, "If I speak German and don't speak English and I am arrested, why wouldn't I have the same rights as if I were Spanish?"

 

Mr. Mello replied that S.B. 219 attempts to address this by its higher cost.

 

Senator O'Donnell maintained that individuals not fluent in the English language that are not Hispanic would not receive the same justice if one bill passed versus the other.

 

Mr. Mello concurred he believed that statement to be correct.

 

Senator Raggio closed the hearing on S.B. 219 and S.B. 244.

 

Supreme Court - Page 75

 

Senator Raggio referred to Exhibit G, "Assembly Ways and Means Committee Budget Closing Action" dated April 23, 1993.  He asked the fiscal division to reiterate the discussion of May 7, 1993,concerning this budget.

 

Jeanne L. Botts, Program Analyst, Fiscal Division, said there had been discussion about a study regarding the urban courts in Nevada, and a $60,000 appropriation in the first year of the biennium that would be repaid from an administrative assessment in the second year of the biennium.  Also discussed was revenue of $90,000 expected from donations from the court systems in Clark and Washoe counties.

 

Ms. Botts remarked the committee had a question regarding the counties and whether or not they had written letters concerning their support of that study.  In response to this, she telephoned the Office of the Court Administrator and spoke to Mr. Mello who indicated the county managers had provided verbal support, but were unable to do a written commitment in behalf of their county commissions at the present time.

 

Mr. Mello said Chief Justice Robert E. Rose had been in contact with both Clark and Washoe counties and determined the county managers support the study and will pursue funding from the county commissions.  However,the county managers are unable to speak in behalf of the county commissioners since they had not yet voted on this item and are unwilling to present the matter to the county commissioners unless the state makes a commitment first.

 

Senator Raggio asked, "What if we take action contingent upon the counties providing the funds?  In other words, the study will hinge on whether or not there is a county contribution."

 

Mr. Mello replied he believed this would be a reasonable approach, and believed there are contingency fees in the amount of $60,000 that have been set aside in the event the counties are not able to provide the entire $90,000. 

 

Senator Raggio said the committee's action would be to include as a revenue adjustment $60,000 from Clark County and $30,000 from Washoe County for a total of $90,000 as necessary revenue for the study.  He remarked if this amount was not forthcoming, the study would be in jeopardy.

 

Mr. Mello responded this was understood and said the study would not be pursued without insuring the funding had been committed.

 

Senator Glomb said she was glad the study would not be conducted until the counties make an actual commitment.  She suggested a letter of intent would be appropriate in this regard, and Senator Raggio concurred with her suggestion.

 

Ms. Botts reiterated there is a contingency in the second year of the biennium from administrative assessment fees of $60,000 in case the counties are not able to fund the full amount.

 

Senator Raggio said, "You are not going to know that, and how will you begin the study?"

 

Ms. Botts replied $120,000 has been provided over the biennium for this budget account and approximately $50,000 in the budget account for the Administrative Office of the Courts (AOC).  She believed, therefore, there would be adequate monies to conduct the study using this reserve.

 

Senator Raggio asked, "What if they get to the point where there is no money from the counties and the administrative assessment fee is not sufficient?"

 

Ms. Botts said before embarking on the study assurance would have to be made the cost would not amount to more than what is contained in the contingency fund.

 

Senator Raggio replied, "That is my point.  Are they going to  start the study, and then find out in the second year there is not enough administrative assessment funds as backup?"

 

Mr. Mello responded:

 

      Ms. Botts is referring to a $60,000 reserve in the second year.  That would mean the counties would have to come up with $30,000 in order to make it an entire $150,000.  Therefore, it is a fall-back position if the counties only come up with $30,000. In regards to if the revenues from the assessment come in less than projected, we have another fall-back position that has been accepted by the subcommittee of the Assembly Committee on Ways and Means....This year we have a shortfall in AOC.  To make up that shortfall we are going to charge the Judicial Education Budget for the person in AOC whose salary is paid from AOC but whose work is completely in judicial education.  If we have a shortfall next year, we will do the same thing again....We have tried to provide for  means to maintain AOC at 100 percent of funding in order to provide for these monies. 

 

Senator Raggio advised Mr. Mello to make sure there is enough funding within the parameters of the study because the committee does not expect a return next session for General Fund revenues to pay for the completion of the study.

 

Senator Jacobsen said he is reluctant to vote for additional studies unless they are performed by an agency or individuals within the state system.

 

Mr. Mello said this study would be performed by the National Center for the Courts.

 

Senator Raggio asked for discussion from the fiscal division regarding the issue of positions in this budget.

 

Senator Raggio said another major item regarding the budget for the Supreme Court is the upgrading of salaries for some of the attorneys and asked Ms. Botts to comment on this for the committee.

 

Referencing the first page of Exhibit H, which displays requested changes to the unclassified salaries for the Supreme Court budget for fiscal year 1992-1995, Ms. Botts said salary increases of 5 percent have been requested for 10 Staff Attorney I positions which will bring their annual salary level to $36,000.  Additionally, 10 percent increases have been requested for six Staff Attorney III positions bringing their yearly salary to $49,050.  Two Staff Attorney IV positions are recommended to be increased to $53,563 which will give one a 13 percent increase and the other an 8 percent increase. 

 

Ms. Botts pointed out four of the Staff Attorney III positions are scheduled to progress to Staff Attorney IV level before next year, but the top salary of the Staff Attorney IV of $53,563 is still  $3,876 less than a deputy in the Office of the Attorney General.

The other positions listed on page 3 of Exhibit H are only scheduled for regular merit increases.

 

Senator Raggio asked what the additional cost will be for upgrading the positions and what portion of this cost will come out of General Fund revenues.

 

Ms. Botts said the cost will be $87,545 as reflected on the bottom of page 1 of Exhibit H.

 

Senator Raggio explained in a previous session it was decided the salaries for attorney positions in state government should be on a level.  The Supreme Court was the first to change this by a unilateral action of adjusting some of the salaries for their attorneys.  The Office of the Attorney General then received some salary increases during the late stages of the last session of the legislature, and now the Supreme Court is contending there is not equality between their attorney positions and those in the Office of the Attorney General. 

 

Mr. Mello remarked the salaries for the attorneys of the Supreme Court will still be among the lowest paid in state government even after the proposed salary increases.  He reiterated their highest-paid staff attorney will receive $3,876 less than the lowest-paid staff attorney at the Office of the Attorney General, and $21,000 less than the highest-paid staff attorney in that office.

 

Senator Raggio said there will be two problems that will result if the committee goes along with the proposed salary increases.  One is the state budget will be further out of kilter and second, he believed the other attorney positions within the state will be paid less than those in the Supreme Court.  Senator Raggio asked, "If we take this action, how will this compare to the attorneys in the Legislative Counsel Bureau?"

 

Ms. Botts did not have this information available but said this would be provided to the committee as soon as possible.

 

Senator Raggio further commented if approved, a group of individuals will receive salary increases when no others in state government will receive increases.

 

Mr. Mello countered by saying:

 

      Last year there was a group of people who took a cut in pay while others within the state had substantial increases.  In the last days of the 1991 session, the Staff Attorney II position went backwards.  They did not even maintain the level authorized in 1989.  They went $1,000 backwards.

 

Senator Raggio stated the issue of salary increases for Supreme Court attorneys will be held pending receipt of information concerning the salary levels for staff attorneys in the Legislative Counsel Bureau and the Office of the Attorney General.

 

Education State Programs - Page 637

 

Ms. Botts referred the committee to Exhibit I, Budget Closing Action, and outlined the contents of this report with them.

 

Senator Raggio noted on page 2 of Exhibit I that a Library Consultant position was recommended to be restored.

 

Ms. Botts stated the salary of $61,276 for fiscal year 1994 reflected for the Library Consultant position presently vacant is the full-time salary level.  If the position were to be restored commencing January 1 rather than July 1, the salary would be half of that.  In addition to the salary shown, Ms. Botts said the Assembly Committee on Ways and Means decided to add a total of $29,342 in the first year of the biennium which includes operating costs of $1,090, travel of $1,250, and salary for a consultant for half of a year of $27,002.

 

Referencing page 2 of Exhibit I, Senator Rawson recommended the Library Consultant position be restored in the second year of the biennium.

 

Senator Raggio asked Eugene T. Paslov, Ph.D., Superintendent of Public Instruction, State Department of Education, if this would be acceptable to the department, and Dr. Paslov answered in the affirmative.

 

Senator Rawson again referenced Decision Unit 2 of Exhibit I that suggests using $57,000 from the budget for the director of the State Department of Human Resources to partially pay dues to educational organizations and to restore a Management Assistant II, and proposed using half of this amount for dues and half of it to retain the Management Assistant II.

 

Senator Raggio said otherwise Decision Unit II would not have a Library Consultant position in it.

 

      SENATOR RAWSON MOVED TO ADJUST THE BUDGET IN ACCORDANCE WITH STAFF RECOMMENDATIONS REFLECTED ON PAGE 1 OF EXHIBIT I BY INCLUDING THE LIBRARY CONSULTANT POSITION TO COMMENCE IN FISCAL YEAR 1995 AND THE ADOPTION OF DECISION UNIT 2 (EXHIBIT I) TO RESTORE THE MANAGEMENT ASSISTANT II POSITION AND THE PAYMENT OF PARTIAL DUES FOR THE EDUCATIONAL ORGANIZATIONS.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

Ms. Botts clarified if the Library Consultant position is restored in the second year, that is half of the salary reflected in Decision Unit 1 for the position. 

 

Senator Callister requested clarification of where the $57,000 for dues to educational organizations and to restore the Management Assistant II position is being generated from.

 

Ms. Botts said the $57,000 was placed by the Governor into the director's office for the proposed Department of Education, Health, and Human Services and is actually from a General Fund appropriation and not a transfer from the State Department of Human Resources.  She said it is not additional General Fund monies above what the Governor had placed in another budget account.

 

Senator Raggio added the $57,000 will now be transferred under this motion to the budget for the Education State Programs.

 

Senator Callister referred to the librarian position that is being cut in the first year of the biennium and inquired, "What does that librarian do?  Was it scheduled to have been filled?"

 

Ms. Botts said, "The position was abolished under the Governor's [reorganization] plan and is an add."

 

Senator Callister responded, "Then it [the position] is an add in the second year.  Where are we finding the money for that?"

 

Ms. Botts replied from a General Fund appropriation.

 

Senator Raggio clarified the chairman's understanding of the motion and said:

 

      Inherent in the motion the $57,000 that was included annually in the State Department of Human Resources budget will be deleted from that budget.  The dues will not be paid in full that were to be paid with that appropriation, but will be paid partially for a total of about $56,000 over the biennium instead of $114,000.  We will also add the library consultant but only in the second year of the biennium, and will add the other changes indicated on the memorandum by staff.

 

Ms. Botts interjected, "You are also adding the Management Assistant II that takes the other half of the dues money."

 

Senator Coffin questioned why the Library Consultant position would be needed in the second year of the biennium since the position will not be filled in the first year of the biennium.

 

Senator Raggio asked the committee's feelings regarding filling the position in the second year of the biennium which may result in a change in the motion.  He asked the committee to reflect by a show of hands how many want to add the library consultant position and only two out of seven raised their hands.  He asked that the motion be amended accordingly.

 

      SENATOR RAWSON MOVED TO ADJUST THE BUDGET IN ACCORDANCE WITH THE RECOMMENDATIONS BY STAFF (EXHIBIT I) AND TO INCLUDE DECISION UNIT II TO RESTORE THE MANAGEMENT ASSISTANT II POSITION AND THE PAYMENT OF PARTIAL DUES TO THE EDUCATIONAL ORGANIZATIONS.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

Senator Glomb asked, "Right now we are just taking a vote on Decision Unit II with no action regarding Decision Unit I?"

 

Senator Raggio replied Decision Unit I by the committee's indication does not have sufficient votes to pass, so the motion deletes the proposal to restore the library consultant.

 

      THE MOTION CARRIED.  (SENATOR GLOMB VOTED NO.)

 

Senator Glomb wished to state she voted no because she feels the library consultant should be filled due to the importance of the position.

 

Senator Raggio now asked for a motion to close the budget in accordance with the action of the committee.

 

      SENATOR RAWSON MOVED TO CLOSE THE BUDGET IN ACCORDANCE WITH THE ACTION OF THE COMMITTEE.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

      * * * * *

 

Senator Raggio requested the inclusion in the minutes a letter from Supreme Court Justice Cliff Young dated May 7, 1993, expressing his endorsement of the passage of S.B. 244,(Exhibit J).

 

While providing the committee with an overview regarding the Rehabilitation Division, Senator Rawson said the subcommittee decided to leave the budget for Alcoholism and Drug Rehabilitation under the Department of Human Resources, Rehabilitation Division, and the dollars reflected in the budget are to restore the value of the position of chief of the division.

 

Senator Rawson also commented that in addition to the impact to the General Fund, the Budget Division has advised an additional impact of approximately $64,000 in fiscal year 1994 and $75,000 in fiscal year 1995 will be incurred once the cost allocation is rerun charging the affected divisions based upon budget adjustments.

 

Vocational Rehabilitation - Page 1017

 

Larry L. Peri, Program Analyst, Fiscal Division, said the primary change within this account is the removal of the State Industrial Insurance System (SIIS) component which was placed in this budget to provide vocational rehabilitation to injured workers referred from SIIS.  The thought on removal of this paralleled Senate Bill (S.B.) 316.

 

SENATE BILL 316:  Makes various changes to provisions governing             industrial insurance.

 

Mr. Peri explained S.B. 316 would conceptually allow the Bureau of Vocational Rehabilitation and other private providers to bid for the provision of those services.  The adjustments reflected on page 1 of Exhibit K, Budget Closing Action, would remove transfers from SIIS as adjusting transfers from other budgets.  There were 74 positions that were recommended for this budget account to provide vocational rehabilitation services as well as all the supporting costs such as travel and operating equipment and are reflected on the expenditure side of the closing sheet, page 1, (Exhibit K), with SIIS identifying those components with that vocational rehabilitation service provision.

 

Mr. Peri said the second major adjustment to this budget is the addition of regular appropriation and federal section 110 grant funds to delete reorganization savings and travel and operating savings for three positions.  It was proposed in the Governor's Executive Budget to merge the Bureau of Vocational Rehabilitation and the Bureau of Services to the Blind, which would eliminate seven positions.  After reviewing the span of control that currently exists and the proposed span of control, the decision was made that if a merger took place to delete some of the supervisory positions there would not be an intermediate level of supervision between district office managers and approximately 33 rehabilitation counselors and 77 additional service, delivery, and support personnel.  These positions are funded by a blend of General Fund monies of approximately 21 percent, and the remaining 79 percent is section 110 federal funds.

 

Senator Raggio asked how many positions would be restored.

 

Mr. Peri replied three positions would be restored to this budget account which are reflected on the bottom of page 1, Exhibit K.

He recommended the support costs, including operating savings and travel savings, be restored for those three positions.

 

Senator Rawson said a letter of intent should be written concerning these actions. 

 

Senator Rawson also said the agency should report to the Interim Finance Committee (IFC) by March 1994 regarding a financial commitment promised by Arizona and California for the provision of services for residents in Laughlin, Nevada, based upon a tri-state agreement entered into between Arizona, Nevada and California.

 

Mr. Peri said the agreement that has been signed refers to Maintenance Item 200 on page 1018 of the Governor's Executive Budget which recommends funding for itinerant services to Laughlin, Nevada.  There is an existing agreement between Arizona, California and Nevada to jointly provide services to that area.

 

Senator Raggio asked if $72,000 the first year and $70,000 the second year would be the amount the state would be required to pay under the terms of the cooperative agreement.

 

Mr. Peri said this would be the state's estimated contribution towards the provision of services, which is the reason for a letter of intent to arrive at an amount that would be contributed by the other states.

 

      SENATOR RAWSON MOVED TO CLOSE THE BUDGET IN ACCORDANCE WITH STAFF RECOMMENDATIONS REGARDING THE DELETION OF THE SIIS REHABILITATION COMPONENT, THE RESTORATION OF A REHABILITATION MANAGER III AND TWO REHABILITATION MANAGER I's, AND THE INCLUSION OF A LETTER OF INTENT PERTAINING TO THE TRI-STATE AGREEMENT.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB AND SENATOR O'DONNELL WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

Social Security Administration - Vocational Rehabilitation -

  Page 1024.

 

      SENATOR RAWSON MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY THE GOVERNOR.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB AND SENATOR O'DONNELL WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

Hearing Devices Program - Page 1029

 

      SENATOR RAWSON MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY THE GOVERNOR.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB AND SENATOR O'DONNELL WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

Community Based Services - Page 1033

 

      SENATOR RAWSON MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY THE GOVERNOR WITH THE INCLUSION OF A LETTER OF INTENT THE AGENCY MUST 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.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB AND SENATOR O'DONNELL WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

Services to the Blind - Page 1038

 

Mr. Peri said this budget is the companion to the rehabilitation budget.  The recommendation in this account is to similarly restore the value of four positions that were planned for potential deletion with the merging of this budget and the Bureau of Vocational Rehabilitation.  The positions that would be restored are the chief of the bureau, two Rehabilitation Manager I's and a Management Assistant III.  Also recommended is the restoration of travel and operating savings. 

 

Mr. Peri said the addition of the regular appropriation in Enhancement Item 701 would provide for $27,778 in General Funds for each year of the biennium to act as the required 10 percent state match for the Older Blind Independent Living Program grant.

                                                                

      SENATOR RAWSON MOVED TO ADJUST THE BUDGET IN ACCORDANCE WITH STAFF RECOMMENDATIONS CHANGING REORGANIZATION SAVINGS, PROVIDING FOR RESTORATION OF THE FOUR POSITIONS INDICATED, AND WITH AN ADJUSTMENT ADDING TO GRANTS TO INDIVIDUALS.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB AND SENATOR O'DONNELL WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

Blind Business Enterprise Program - Page 1044

 

Senator Raggio stated when the hearing for this budget was heard on February 23, 1993, there was a suggestion made to change the contract for licensed blind operators.  He asked Mr. Peri to explain to the committee what has been resolved in this regard.

 

Mr. Peri said there is a term called "set aside revenues" and  consideration has been given to raising the percentage of those revenues which are defined as what the Bureau of Services to the Blind collects. 

 

Senator Raggio said some very high percentages, such as 90 percent, had been discussed.

 

Mr.Peri said he did not believe it was that high but it was a potential increase.

 

Senator Raggio recalled reading a memorandum from the Bureau of Services to the Blind and the issue about the percentage increase had not been resolved.

 

Mr. Peri read a portion of this memorandum dated March 25, 1993, to the committee in which it was noted although there is consideration to increase the percentage, no action has yet been taken.

 

Senator Raggio decided this budget should be held until the committee receives a final report concerning the issue of raising the percentage of revenues on collections.

 

Developmental Disabilities - Page 1050

 

Mr. Peri said there are two recommendations to consider for this budget account. One is the adjustment to State-Owned Building Rent.  This program, as well as several others within the Rehabilitation Division, physically relocated to the Northern Nevada Children's Home, and there is a small amount that should be added for State-Owned Building Rent.  Mr. Peri referred the committee to page 3 of Exhibit K, a memorandum from the Budget Division dated February 25, 1993, concerning adjustments to rent for the Rehabilitation Division. The money will be placed into the Operating category and an adjustment will then be made to the Grant category.

 

Mr. Peri said the second recommendation is to add $2,692 in each year of the biennium in the Out-Of-State Travel category for the Nevada Council on Developmental Disabilities.  That will provide a total of $3,533 in each year of the coming biennium for Out-Of-State-Travel compared to what the council had requested, which was $6,312.  Mr. Peri referred to some correspondence received by the Assembly Committee on Ways and Means on pages 4 and 5 of Exhibit K.

 

Senator Rawson said the referenced correspondence (Exhibit K) was from John Chambers, Chairman, Nevada Council on Developmental Disabilities who has been able to bring to the state some significant grant money by using the Out-Of-State-Travel funds allocated.  Senator Rawson said the subcommittee felt it might be against their best interests to restrict travel although they did not grant the entire amount of Out-Of-State Travel money requested.

 

      SENATOR RAWSON MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY THE SUBCOMMITTEE.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)

      * * * * *

 

Financial Assistance for Physically Disabled - Page 1055

 

      SENATOR RAWSON MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY THE GOVERNOR.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)

      * * * * *

 

Traumatic Head Injury Program - Page 1057

 

      SENATOR RAWSON MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY THE GOVERNOR.

 

      SENATOR O'DONNELL SECONDED THE MOTION .

 

      THE MOTION CARRIED.  (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)

 

      * * * * *

 

Disability Adjudication - Page 1085

 

Mr. Peri said there were several recommended changes in this budget.  The first change would be to restore a Data Processing Technician I position proposed to be transferred to the new Division of Information Technology Services, and restore the appropriate support costs for the position.

 

Mr. Peri further commented the [United States] Social Security Administration, which funds this budget account in its entirety, has expressed in writing (Exhibit K, pages 9 - 11) their objection to the proposed transfer of the Data Processing Technician I. 

 

Senator Raggio commented that by joint action with the Assembly Committee on Ways and Means a Division of Information Technology Services was created, yet in each of the budgets being reviewed the committee has come up with the recommendation from the agency to retain their data processing position.  Addressing his question to staff as well as the committee, Senator Raggio asked, "If we do this in every case, what will be in the Division of Information  Technology Services?  What is remaining that can be placed into this department?"

 

Senator Rawson stated some of the agencies that have specific projects in process and are already behind schedule cannot get the required services from a central location.  However, he believes the overall objective of the committee over a period of time would still be to utilize the services of the Division of Information  Technology Services.

 

Ms. Matteucci responded:

 

      We are curious as to what it is the two committees have intended go into that department, because every budget that has been closed have taken the data processing position out.  Not only does that apply against a centralized data processing and telecommunications program as proposed by the Governor, but it costs the state at least $18,000 each time you take the position out because as you recognize, we put them all together and took some of the mid-management and upper-level positions out, reducing the services of data processing.

 

Senator O'Donnell stated as chairman of the subcommittee involved with data processing, if it is decided to do this any other way, it will cost even more.  He explained the real cost will be down the road when agencies are not going to be able to get their programming accomplished.  There will also be conversion-process costs that are not even built into the budget.

 

Senator O'Donnell said the committee wants to keep the Division of Information Technology Services so that there can be a slow migration toward a centralized communication network throughout the state.  He emphasized the concept is not dead.

 

Senator Raggio asked Senator O'Donnell if the subcommittee could have a final report available for the committee's review within one week, and Senator O'Donnell responded in the affirmative.

 

      SENATOR RAWSON MOVED TO CLOSE THE BUDGET IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE SUBCOMMITTEE.

 

      SENATOR COFFIN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)

 

      * * * * *

 

Employment, Training and Rehabilitation Administration - Page 1090

 

Mr. Peri stated this is the current administrative account for the Rehabilitation Division and the proposed departmental account for the proposed Department of Employment, Training and Rehabilitation. 

 

Mr. Peri remarked the recommended closing actions in this account parallel those made in the Bureau of Vocational Rehabilitation by suggesting the removal of salary and support costs for five accounting specialists positions that were recommended in the Governor's Executive Budget to provide support to that rehabilitative function.  Similarly, those positions have been backed out, and the transfers from the other budget have been reduced.  Also, the closing action for this account reflects the return to this account of a Microcomputer Specialist III and a Computer Systems Programmer I and the support costs associated with the positions.

 

      SENATOR RAWSON MOVED TO ADJUST THE BUDGET IN ACCORDANCE WITH THE RECOMMENDATION OF THE SUBCOMMITTEE.

 

      SENATOR COFFIN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)

 

      * * * * *

 

Alcoholism and Drug Rehabilitation - Page 847

 

Mr. Peri said this account was recommended by the Governor's Executive Budget to be transferred to the Health Division.  The subcommittee as well as the Assembly Committee on Ways and Means has voted to reverse that action and place the Bureau of Alcohol and Drug Abuse (BADA) back into the Rehabilitation Division.  In concert with that recommendation, the chief's position was recommended as a reorganization saving figure and the General Fund addition within this budget account would nullify those reorganization savings and, in fact, leave the position whole for the biennium in this budget account.

 

Mr. Peri summarized two other recommendations for the committee as written on page 12 of Exhibit K.  He also referred the committee to pages 13 and 14 of Exhibit K which address adding an Administrative Aid position as approved by the Interim Finance Committee (IFC) on November 9, 1992, as well as two flow-through grants similarly approved by the IFC on that date.  Mr. Peri suggested these recommendations now be added to the closing documents to allow the agency to utilize the position and grants without any delays in the coming biennium.

 

Ms. Matteucci concurred with the recommended additions which she said were originally received too late for the Budget Division to include them as a part of the Governor's Executive Budget.

 

      SENATOR RAWSON MOVED TO ADJUST THE BUDGET IN ACCORDANCE WITH RECOMMENDATIONS BY THE SUBCOMMITTEE.

 

      SENATOR O'DONNELL SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)

 

      * * * * *

 

Alcohol Tax Program - Page 854

 

      SENATOR RAWSON MOVED TO APPROVE THE BUDGET AS RECOMMENDED BY THE GOVERNOR.

 

      SENATOR O'DONNELL SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB WAS ABSENT FOR THE VOTE.)

 

      * * * * *

 

University of Nevada System Administration - Page 115

University System - Special Project  - Page 118

System Computing Center - Page 120

University Press - Page 122

University of Nevada - Page 124

School of Medical Sciences - Page 127

Intercollegiate Athletics - UNR - Page 130

Statewide Programs - UNR - Page 132

Agriculture Experiment Station - Page 134

Cooperative Extension Services - Page 137

Radiation Safety Board - Northern Nevada - Page 139

University of Nevada - Las Vegas - Page 141

Intercollegiate Athletics - UNLV - Page 144

Statewide Programs - UNLV - Page 146

Radiation Safety Board - Southern Nevada - Page 148

Community College of Southern Nevada - Page 150

Northern Nevada Community College - Page 153

Truckee Meadows Community College - Page 156

Western Nevada Community College - Page 159

Business Center North - Page 162

Business Center South - Page 164

National Direct Student Loan - Page 166

Desert Research Institute - Page 168

University Salary - Page 170

 

Senator Raggio said the subcommittee on the university budget met and decided upon the addition of the amounts necessary to pay unemployment compensation for the biennium.  In the past a reserve amount had been established for this purpose, but that reserve will be fully depleted making it necessary within their budget to establish an amount sufficient to meet the expected annual unemployment claims.  The assessment that was recommended was .22 percent, which is the rate used by the state for other budgets.  The cost of this will be $354,950 for fiscal year 1994 and $364,871 for fiscal year 1995, which is a complete breakout for the various campuses and the compilation of those amounts.  The subcommittee's recommendation was to add the amounts specified to the budget.

 

      SENATOR COFFIN MOVED TO ADOPT THE RECOMMENDATION BY THE SUBCOMMITTEE TO ADD $354,950 FOR FISCAL YEAR 1994 AND $364,871 FOR FISCAL YEAR 1995 TO THE UNIVERSITY BUDGET.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB AND SENATOR RAWSON WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

Another recommendation by the subcommittee, referenced on page 6 of Exhibit L, addresses a proposed fee increase for the School of Medicine.  Senator Raggio said the University of Nevada, Reno, will be proposing a fee increase to the Board of Regents of  approximately 9 percent per year for the next two years.  The increase in fees will provide additional revenue from registration fees and nonresident tuition of $104,793 for fiscal year 1994 and $223,570 for fiscal year 1995. It was noted the fees would still be less than most analogous medical schools.

 

      SENATOR COFFIN MOVED TO ADOPT THE RECOMMENDATION BY THE SUBCOMMITTEE TO AUTHORIZE THE REQUESTED 9 PERCENT FEE INCREASES FOR THE SCHOOL OF MEDICINE.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB AND SENATOR RAWSON WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

Turning to page 7 of Exhibit L regarding the Desert Research Institute's (DRI) weather modification program, Senator Raggio said this will allow the DRI to have continuing authority to come before the IFC with a request to the contingency fund if they can demonstrate a need for weather modification program expenditures.  Failure to include this recommendation in the Governor's Executive Budget had been an oversight by the Budget Division.

 

      SENATOR O'DONNELL MOVED TO PROVIDE APPROPRIATE AUTHORITY TO THE DRI FOR THEIR WEATHER MODIFICATION PROGRAM.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB AND SENATOR RAWSON WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

 

 

 

Student Incentive Grants - Page 629

 

      SENATOR JACOBSEN MOVED TO ADJUST THE BUDGET IN THE AMOUNT OF $2,822 AND $3,816, ONE A POSITIVE AND ONE A NEGATIVE AMOUNT, FOR EACH YEAR OF THE BIENNIUM AS A TRANSFER FROM BUDGET ACCOUNT 2977, THE UNIVERSITY SYSTEM-SPECIAL PROJECT BUDGET.

 

      SENATOR O'DONNELL SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB AND SENATOR RAWSON WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

Senator Raggio remarked the subcommittee discussed budget page 122, University Press, for the University of Nevada, Las Vegas to restore an editor position with appropriate fringe benefits.   Exhibit M, budget closing action sheet, reflects a cost for this action of $40,782 for the first year of the biennium and $41,436 for the second year of the biennium.

 

Senator Coffin stated this is a worthwhile item because of the inability of the southern Nevada academic community to access the press without actually having a person stationed in Las Vegas.

 

      SENATOR COFFIN MOVED TO ADOPT THE RECOMMENDATION BY THE SUBCOMMITTEE TO REINSTATE THE SOUTHERN NEVADA EDITOR WITH APPROPRIATE COSTS AND FRINGE BENEFITS ASSOCIATED WITH THE POSITION.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB AND SENATOR RAWSON WERE ABSENT FOR THE VOTE.)

 

            * * * * *

 

Senator Raggio stated the recommendation of the subcommittee is to close all the remaining budgets for the University and Community College System of Nevada (UCCSN) in accordance with their action taken.

 

Senator Coffin remarked there is concern amongst some of the members of the committee on establishing a working relationship with the management of the UCCSN and the Board of Regents to reestablish the formula that was originally created for the UCCSN and to ensure that certain controversial issues can be monitored during the interim period of time.

 

Senator Raggio said there were several items of concern discussed during the subcommittee meetings, including the items suggested by Senator Coffin.  The subcommittee also felt strongly the goal should remain to reach the full funding set out by formula.  He suggested a study or a subcommittee of the IFC could look further into these matters.

 

Senator Coffin stated he would be satisfied to have a letter of intent included in the closing action for the UCCSN budgets which would encompass the committee's intention to work with the Board of Regents and management of the UCCSN on issues relating to their budget to include such subjects as faculty work load and administrative growth.

 

Senator Raggio proposed that Senator Coffin prepare the suggested letter of intent to be brought before the committee at a later date.

 

      SENATOR COFFIN MOVED TO CLOSE THE UCCSN BUDGET WITH THE ADJUSTMENTS PREVIOUSLY ACTED UPON BY THE COMMITTEE.

 

      SENATOR JACOBSEN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR GLOMB AND SENATOR RAWSON WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

Senator Raggio adjourned the meeting at 10:50 a.m.

 

     

                                          RESPECTFULLY SUBMITTED:

 

 

 

                                                             

                        Marion Entrekin,

                        Committee Secretary

 

 

 

APPROVED BY:

 

 

 

 

                                   

Senator William J. Raggio, Chairman

 

 

DATE:                              

??

 

 

 

 

 

 

 

Senate Committee on Finance

May 10, 1993

Page 1