The Senate Subcommittee of the Joint Subcommittee on Public Safety/Natural Resources/Transportation of the Senate Committee on Finance and the Assembly Committee on Ways and Means was called to order by Chairman Lawrence E. Jacobsen, at 11:20 a.m., on Wednesday, February 24, 1999, in Room 2134 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Lawrence E. Jacobsen, Chairman

Senator William R. O’Donnell

STAFF MEMBERS PRESENT:

Debbra J. King, Program Analyst

Barbara Moss, Committee Secretary

OTHERS PRESENT:

This meeting was a continuation of the meeting of the Joint Subcommittee on Public Safety/Natural Resources/Transportation that began at 7:30 a.m. as a full joint subcommittee meeting and recessed at 11 a.m. with the departure of the Assembly members to attend a floor session. The meeting continued at 11:20 a.m. with two members of the Senate joint subcommittee and no Assembly members present.

DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY

Michael Hood, Chief, Nevada Highway Patrol (NHP) Division, Department of Motor Vehicles and Public Safety, indicated the NHP is charged with serving the highway users of the state to ensure safe, economical, and enjoyable use of Nevada’s highways by alleviating human suffering and loss from motor vehicle crashes through education, enforcement, and assistance. The chief said the NHP is also charged with protecting the population against violence and disorder, maintaining Nevada’s criminal history records repository, and compiling and publishing statistical data.

DMV, Highway Patrol – Budget Page DMV-140 (Volume 3)

Chief Hood pointed out that budget account 4713 is funded from the Highway Fund with 507 full-time employees in FY 1998, and 522 full-time employees in FY 1999. He said the base has been adjusted in accordance with the rules and guidelines.

Chief Hood indicated adjustments for inflation have been confined to the accounts delineated in the budget instructions.

Chief Hood indicated decision unit M-200 provides staffing for the Southern Urban Command in Las Vegas, as well as salaries, travel, operating equipment, lab costs, staff physicals, uniforms, vehicles, and training. He pointed out that seven troopers are requested in FY 2000, and four troopers in FY 2001. Chief Hood said the decision unit is based on a staffing formula developed two years ago. He acknowledged there are two problems with the staffing formula, but indicated the division has been working to improve it. The chief reported the first problem is that the statistical data in the activities report has been questioned; consequently, the NHP has not had consistent reporting activity for the past several years. Chief Hood said the inspection team, provided to the NHP during the 1997 Legislative Session, performed an internal audit and developed the new reporting statistical system presently in effect. He said the first couple of months of the new system demonstrated that the figures for reporting are falling into line. Chief Hood remarked the NHP is pleased with the results and would provide the subcommittee with copies of the new forms if desired.

Continuing, Chief Hood said the second problem with the staffing formula was internal within the NHP. He explained that some of the staffing requirements put into the formula were changed and some that did not exist in the last legislative session were added. Noting there are areas needing to be addressed, Chief Hood said the NHP is working to create an effective allocation module.

Asked whether the staffing pattern is promoted by the troopers, Chief Hood answered that the goals, performance indicators, measures, and formula are generated based upon a trooper’s daily activities. He said a formula has been created which is a combination of the formulas used by Northwestern University and the California and Arizona highway patrols.

Answering a question, Chief Hood indicated two staffing formulas are used to arrive at equitable comparisons: one for urban area officers, and another that addresses highway miles and patrol intervals for rural area officers.

Senator O'Donnell noted the budget indicates the total number of employees will be 555, an increase from 522. Noting further that only 11 of the 33 additional employees will be NHP officers, the senator asked the disposition of the remaining 22 employees. In response, Chief Hood said the numbers reflect only the Las Vegas urban area, and requests for rural areas and the northern part of the state are in another module. Queried how many of the additional 33 employees would be new cadets, Chief Hood indicated 32 would be new cadets. The chief answered in the affirmative when questioned whether the 32 new cadets would be the first to go through the newly established training academy over a period of two years. Chief Hood added that replacement officers will also go through the academy. He explained that the Las Vegas Metropolitan Police Department (Metro) offered "laterals"; consequently, 38 percent of the troopers in Las Vegas have made application to Metro. Chief Hood said he was unsure how many of the troopers will be accepted, but many replacements could be anticipated.

In response to a question, Chief Hood indicated no speed limit changes are anticipated. He said Interstate 215 in Las Vegas is due for completion and will be under the jurisdiction of the NHP.

Chief Hood indicated M-300 is an adjustment for fringe benefits.

Chief Hood indicated module E-197 addresses moving some printing costs for new citation and collision report forms, aircraft repainting, contracts with state agencies, and operating lease payments for upgrades of copy machines.

Responding to a question, Chief Hood said there is an aircraft maintenance schedule which involves an engine overhaul after a certain number of flight hours. He said new equipment is being installed and the aircraft are utilized on a regular basis throughout the state. Chief Hood indicated one aircraft is located in Las Vegas and another in Reno. The housing of the aircraft is adequate, he reported.

In reference to the purchase of NHP pursuit vehicles which are more expensive than regular pursuit vehicles, Senator O'Donnell suggested disallowing that and putting the financial differential toward a helicopter for the Las Vegas major metropolitan area.

Chief Hood answered the NHP investigated the possibility of using helicopters and found them to be the most expensive aircraft equipment in operation. He pointed out that helicopters are four times more costly than fixed-wing aircraft. Chief Hood indicated that every highway patrol agency across the country is asking: "What is our ability to pursue? Why do we want to pursue? Shall we continue with pursuits?"

Continuing, Chief Hood indicated that pursuit vehicles are more applicable in rural areas to overtake and catch speeders, not necessarily to pursue automobiles. He explained that when clocking high speeds, pursuit vehicles are able to catch the speeder within a safe or shorter distance than can be done with normal sedans. Although aware of the added cost of pursuit vehicles, Chief Hood voiced the belief this will probably be the last year the NHP will request special vehicles for high speed. He further explained the vehicles are getting smaller and it has become more difficult for officers to operate in them. The chief indicated that putting "motorist assist" equipment required to help motorists on the highway is too onerous for the smaller vehicles. Chief Hood said Ford sedans have improved and can reach top speeds of 125-130 miles per hour.

Senator Jacobsen mentioned he had observed a Washoe County helicopter monitoring the summit at Lake Tahoe and asked whether the NHP could call on the Washoe County helicopter in an emergency. Chief Hood indicated the NHP works well with allied agencies and has the capability of utilizing the larger "brother and sister" agencies, as well as the Nevada National Guard in an emergency situation. Queried whether the NHP is capable of communicating directly to a helicopter through radio frequencies, Chief Hood responded, "Not at this time." However, he said, it will be possible when the new radio system is operable. At present, the NHP can communicate with a helicopter through dispatch, Chief Hood remarked.

Chief Hood stated module E-375 provides 11 troopers for the northern Reno area in FY 2000, and 1 trooper in FY 2001, based upon the existing staffing formula.

Chief Hood indicated module E-377 is for commercial enforcement based in Las Vegas. It requests seven troopers in FY 2000 and two troopers in FY 2001.

Chief Hood said module E-379 is a request for one civilian Program Assistant II position in FY 2000. He indicated this decision unit provides civilian support for newly authorized trooper positions and funds salaries, operating equipment, and information services costs.

Chief Hood pointed out module E-381 provides for ongoing cost of high-speed T-1 fiber optic lines to support the records management system of the computer-aided dispatch. He noted the Interim Finance Committee (IFC) authorized funds to purchase upgrades for the computer aided design (CAD) system out of forfeiture funds. It was made known to the IFC at the time there would be ongoing maintenance costs for the T-1 fiber optic lines, and budgeting for it is proper procedure, Chief Hood remarked.

Chief Hood indicated module E-383 funds the lease of a second building for the Southern Command in the Las Vegas urban area. He said it is intended to achieve two primary goals: Provide a more effective and timely NHP response to collisions and motorists in distress and other highway emergencies in the northwest quadrant of the city, and relieve overcrowding in the Sahara building.

Chief Hood informed the subcommittee that presently the Capital Improvement Program (CIP) plans a new building for the NHP. He indicated module E-383 will be retracted if the building is approved.

Responding to a query, Chief Hood noted the new building is high on the CIP list and anticipated it would be authorized for the Southern Command.

Chief Hood indicated module E-386 is a request for a Fernley district office and would fund the lease for a modular building to replace a 20-year-old trailer currently serving as such. He pointed out that the general deterioration of the windows, doors, walls, and plumbing, make it not cost-effective to repair the trailer any longer. In addition, the crawl space was inhabited by skunks for a period of time and this makes the trailer difficult to work in for any length of time, Chief Hood remarked.

Chief Hood said module E-710 is a request for funds to replace equipment essential to the operation of the division. He said vehicles are replaced at 80,000 miles or 3  years’ use, and motorcycles are replaced at 50,000 miles or 3 years’ use. Chief Hood mentioned that computers over 5 years old which are not Year 2000 (Y2K) compliant, or not in compliance with the department’s Windows software, need to be replaced. He mentioned that emergency lights, sirens, radar, cameras, and other operating equipment are requested.

Questioned whether the NHP utilizes prison industries when purchasing furniture, and other, similar items, Chief Hood answered yes.

Chief Hood said module E-720 requests hearing protection for troopers at check sites, portable weighing scales, a Sno-cat and trailer, communication services monitors, testers and analyzers, facsimile machines, binoculars, tool sets, shelving units, shredders, digital cameras, road spikes, furniture, a video camera, videocassette recorder (VCR), cellular phones and replacements, lamps, electric staplers, cash registers, calculators, and some electric tools.

Chief Hood indicated module E-800 provides for a pass-through of transfer funding to support the Public Safety Information Bureau.

Chief Hood indicated module E-900 would transfer back the two Storekeeper II positions from Administrative Services.

Chief Hood indicated modules E-910 and E-920 are transfers of personnel to the Internal Affairs Office and the proposed Training Division, which he remarked had been discussed at length in the morning portion of the meeting.

Continuing, Chief Hood referred to and discussed the Department of Motor Vehicles and Public Safety performance indicators outlined in Exhibit C.

Performance Indicator 1: Achieve and maintain goal response times to highway emergencies.

Chief Hood stated the goal for the Southern Command is 11.33 minutes response time to emergencies, the actual was 9.21, and as of November 30, 1998 the average response time was 9.06. He reported the goals are reached "in good time." Chief Hood mentioned that the Northern Command-West, which is Reno, has the same results. He indicated that results in the Northern Command-East have not been as good due to the greater distances traversed in responding to accidents in rural areas.

Performance Indicator 2: Provide deterrent effect of visible patrol (unobligated time for proactive patrol).

Chief Hood indicated the goal is 34 percent and the Southern Command is running below this at approximately 27.92 percent. He mentioned there is a different set of circumstances for the rural areas and a different staffing formula is used in this instance. Chief Hood stated the NHP is not quite as effective in the rural areas.

Performance Indicator 6: Increase ratio of property-damage-only crashes to injury crashes.

Chief Hood declared that performance indicator 6 is interesting. He said the goal is a ratio of 2.05 property-damage crashes to 1 injury crash, but the ratio is running a little higher. However, it is in the desired range and the numbers are pleasing considering the growth in southern Nevada at present, Chief Hood remarked.

Performance Indicator 7: Increase enforcement of 30-day registration violations (monthly average).

Chief Hood indicated the division is falling slightly behind in those areas. He explained the NHP has limited resources and concentrates heavily on one area. He said some areas will not receive proper attention when it comes to NHP response to hazardous driving-under-the-influence (DUI) service calls. Although the NHP is not far behind in enforcement of those areas, perhaps the goal will be scrutinized in the future to ascertain whether it can be improved, Chief Hood stated.

Performance Indicator 8: Commercial-ratio of vehicles inspected to number placed out of service.

Chief Hood said the goal is 4.38 to 1, which means the goal is that for every 4.38 vehicles inspected, no more than 1 is put out of service. Presently the ratio is not within the desired range. Chief Hood indicated the situation in the Elko area is being addressed.

Performance Indicator 9: Commercial-ratio of drivers inspected to number placed out of service.

Chief Hood said the same theory is at work in this performance indicator. He indicated that for every 3.09 vehicles inspected for some kind of violation of the driver, the goal is to put no more than 1 vehicle out of service. Chief Hood noted that drivers are having more problems; consequently, the NHP is not doing as well in this area.

Performance Indicator 10: Number of school buses inspected (average per month).

Senator Jacobsen asked Chief Hood’s opinion of legislation proposed in the Senate Committee on Transportation which would allow school principals or administrators to set the speed limits within school zones. Chief Hood indicated his understanding was that the legislation would allow the principal to set the speed limit in accordance with activities occurring in the school at the time. He opined the legislation would be difficult to enforce, there would be a fiscal impact because signs would be required, and the Nevada Department of Transportation (NDOT) would have a problem with signage in the counties. Chief Hood said there are better ways to handle the situation and suggested the schools call the city, the county, or the NHP to request extra law enforcement to patrol the area during special activities.

In response, Senator O'Donnell indicated the bill had been changed to allow the superintendent of the school district or his/her designee and the engineers to set the speed limit time. He said the funding mechanism was also changed and the signs would be replaced upon attrition. Hence, when signs are replaced due to wear, the new signs will contain the new speed limit time, Senator O'Donnell explained.

Questioned whether the NHP surveys the signs and indicates when they need replacing, Chief Hood answered, "Not on a regular basis." He explained that should a trooper on normal patrol observe a traffic hazard or a problem on the road that should be addressed, it is brought to the attention of the proper authorities.

Answering a question, Chief Hood indicated there are probably two or three incidences in a school year involving a school bus. He said all school bus accidents are brought to his personal attention. Chief Hood stated there is a good school bus-inspection program.

Performance Indicator 11: Commercial-ratio of vehicles weighed to vehicles cited.

Chief Hood said the ratio is in the desired range and indicated that different parts of the state respond differently.

Senator O'Donnell remarked there is approximately $1,063,000 in expenses in The Executive Budget; however, revenues are not delineated. In response, Carol English, Budget Analyst, Budget Division, Department of Administration, said:

In response to a question, Chief Hood answered the NHP is charged with a certain amount of statutory responsibility to investigate accidents and clear the roads as quickly as possible. He said NHP officers are trained to clear the road, open a travel lane, or divert traffic as much as possible. Chief Hood indicated the NHP understands that tourism is Nevada’s "life blood," is aware that traffic needs to be kept moving, and is concerned that more accidents will be caused by backed-up traffic when a road is closed.

Answering a query, Chief Hood indicated there had been no problems with the yellow emergency-response license plates.

DMV, Hazardous Materials – Budget Page DMV-128 (Volume 3)

Budget Account 101-4728

Chief Hood indicated budget account 4728 was authorized 15 full-time employees in FY l998 and FY 1999, and is a highway-funded account. He said the base adjusted is in accordance with the rules set forth in the budget instruction. There are no requests for increases in personnel, Chief Hood noted.

Chief Hood called attention to a bill draft request (BDR) which would provide the authority to the NHP to conduct reviews and investigations of radioactive waste transporters and allow the budget to be reimbursed from the transporters for the cost of reviews and investigations. He explained that prior to the reorganization of the Public Service Commission (PSC) of Nevada into the Public Utilities Commission (PUC) of Nevada and the Transportation Services Authority (TSA), these functions were the responsibility of the PSC. The chief said the functions were not transferred to the TSA when the reorganization occurred.

Answering a query, Chief Hood stated that hazardous materials are always on the increase. He said there are presently a number of BDRs pertaining to funds for hazardous waste permitting; however, permits do not fund this account. The permits fund approximately $500,000 out of this account with 20 percent going to the State Emergency Response Commission (SERC) and the other 80 percent into the Highway Fund. Chief Hood said the NHP has an unwritten agreement to provide 12 "personnel trooper years" for hazardous material inspections and enforcement. He explained the commercial program is involved in it, as well as all the traffic troopers. Chief Hood declared the budget account is underfunded and the issue of permitting must be addressed in the future.

Responding to a question, Chief Hood said the NHP is not notified of nuclear waste entering the state on a regular basis; however, the NHP is notified on occasions when high-profile shipments pass through the state. Asked whether high-profile shipments of nuclear waste pass through or are buried in Nevada, Chief Hood indicated most of the shipments in which the NHP are notified pass through the state, but there are some lower-profile shipments that go to the Beatty nuclear dump site. The chief said the NHP is notified when military shipments pass through the state.

Chief Hood called attention to the seven performance indicators contained in budget account 4728 (Exhibit D). He indicated that in performance indicator 1, commercial-ratio of vehicles inspected to number placed out of service, the goal is to place no more than 1 vehicle out of service for every 4.38 vehicles inspected, and as of November 30, 1998, 4.5 were placed out of service, which is within the acceptable range. Chief Hood declared the remainder of the performance indicators demonstrate the NHP is doing well in the various categories.

DMV, Dignitary Protection – Budget Page DMV-137 (Volume 3)

Budget Account 101-4738

Chief Hood indicated budget account 4738 authorizes eight full-time employees in FY 1998 and FY 1999, and the funding is from the General Fund. The chief entertained questions on the base budget.

Senator O'Donnell queried whether there would be a change in attitude toward the dignitary protection program due to the change in administration. Chief Hood answered this administration has been positive in regard to scrutinizing the resources of the dignitary protection program. He indicated consideration is being given to the elimination of the lieutenant position in the budget account and allowing the program to be run by the sergeant. The chief pointed out the program is currently operating without the lieutenant to determine its effectiveness. Governor Guinn, in his effort to hold down costs, demonstrated his willingness to take the first cuts, Chief Hood noted.

Asked whether there had been any problems with the Governor’s Mansion, Chief  Hood indicated the renovation was recently completed and the NHP is back on-line. The chief said he meets weekly with the sergeant in charge of the mansion and reported that everything is going well. Senator Jacobsen commented the renovation will attract a larger number of visitors to the mansion and requested a report on any potential hazards.

Questioned whether overtime pay will increase when activity at the mansion intensifies, Chief Hood said he monitors overtime on a quarterly basis. He indicated overtime will show a peak for the last month due to the inauguration; however, it will level off and the next several months will "recoup some of the problems" experienced last year.

DMV, Criminal History Repository – Budget Page DMV-132 (Volume 3)

Budget Account 101-4709

Chief Hood pointed out that statutory authority for budget account 4709 emanates from chapter 179 of the Nevada Revised Statutes (NRS) and 60 full-time positions have been authorized in FY 1998 and FY 1999. He said adjustments have been made to the base budget in accordance with the budget instructions.

Chief Hood indicated that one Nevada Criminal Justice Information Services (NCJIF) specialist for FY 2000 is requested, as well as additional in-state and out-of-state travel, operating expenses, equipment, and computers necessary to respond to the increased workloads.

Chief Hood said this module would replace telephones, desks, and special equipment that have become unserviceable.

Chief Hood noted that software is requested for computers for personnel not properly equipped at the present time.

Dennis DeBacco, Supervisor, Central Repository for Nevada Records of Criminal History, Nevada Highway Patrol Division, Department of Motor Vehicles and Public Safety, indicated the repository receives two basic types of records that relate to fingerprints. He said the first type is the record generated when a person is arrested, booked, and fingerprinted; the fingerprint record is sent to the repository. The second is the record initiated with a licensing or regulatory-type inquiry of the repository based upon an individual’s fingerprints.

Continuing, Mr. DeBacco noted the repository’s turnaround time is current to within 3 working days of receiving either a criminal fingerprint card or that of a civil employment or regulatory-type check. He declared this time frame speaks favorably of the repository staff and is probably as fast a turnaround as any state identification bureau or repository is capable of. Fingerprint checks are labor-intensive and an assembly-line process, Mr. DeBacco remarked.

Asked whether it is anticipated the civil name-check program will become statewide, Mr. DeBacco said, "The repository administers the program by making an inquiry to the repository based upon a subject’s name and various descriptive information, such as date of birth and social security number." He stated the civil name-check program approved in the 1997 Legislative Session has been implemented. The program initially began with six pilot properties located in southern Nevada, which were the largest hotels in that jurisdiction. Mr. DeBacco pointed out that all the hotels are currently using the program. He said the program is at a point where an assessment is being conducted to ascertain whether the program will expand past the six pilot properties. Mr. DeBacco was pleased to report the pilot program has been successful, although it was slow coming on-line due to operational issues that were technical in nature and difficult to resolve. He indicated clients are pleased with the name-check program and use it to "supplement tasks for which they utilize the repository’s fingerprint services," depending upon the level of background checks desired.

Questioned whether the repository utilizes communication capabilities, such as microwaves, Mr. DeBacco replied the Criminal History Records Repository has taken advantage of some rather sophisticated technology in the identification arena and records management functions. He said data processing services are provided within the department. Mr. DeBacco indicated the program’s services have been enhanced by offering its users automated fingerprint identification which involves live-scan fingerprint technology that electronically transmits fingerprints to the repository from remote sites throughout the state.

Further, Mr. DeBacco noted that during the last several months the repository received authority through the IFC to bring photographic imaging solutions to a number of programs administered within the repository. He said one of the programs deals with community notification of convicted sex offenders. Mr. DeBacco indicated the repository recently completed statewide installation of 61 units purchased through the Bureau of Justice Statistics’ federal grant money and augmented by funds from the repository reserve. He said the installation was successfully completed February 23, 1999. Mr. DeBacco mentioned this will help local law enforcement agencies throughout the state in notifying communities of sex offenders, and will enable them to transmit photographic images of anything to anyone on the network. He said the repository was pleased to have hosted that program on behalf of the state law enforcement community.

In response to a comment regarding the repository’s security, Mr. DeBacco pointed out the Nevada Criminal Justice Information System is administered through the Department of Motor Vehicles and Public Safety. He said the system provides information to the entire criminal justice community throughout the state. Mr. DeBacco gave assurance the system is secure and has more-than-adequate safeguards to prevent unauthorized access. He admitted the photo imaging system is not as secure and runs independent of the justice information system. However, what is made available to users throughout the state is statutorily mandated and considered public information, Mr. DeBacco remarked.

Senator O'Donnell, indicating the budget recommends an increase in court assessments to pay for the aforementioned system, asked the reason the court assessment would not revert to the General Fund and the Legislature fund this particular budget item out of the General Fund.

In response, Ms. English indicated that 49 percent of the court assessment is earmarked by statute to go to four different state agencies, three of which are DMV agencies.

DMV, Emergency Response Commission – Budget Page DMV-238 (Volume 3)

Budget Account 101-4729

Mary Lynne Evans, Executive Director, Emergency Response Commission, Department of Motor Vehicles and Public Safety, indicated budget account 4729 addresses both personnel and operations, as well as grant money passed through to the subrecipients. She said all the funds in the budget account are fee-based.

Robert Andrews, Director, Clark County Emergency Management, and Chair, Clark County Emergency Planning Committee, and State Emergency Response Commission (SERC), Department of Motor Vehicles and Public Safety, declared that the term "State Emergency Response Commission" is misunderstood because it came out of the Superfund Amendment and Reauthorization Act of 1986 (SARA) Title III, and was the Environmental Protection Agency (EPA) legislation that referred to all 50 such commissions as the State Emergency Response Commission. Mr. Andrews clarified the SERC is not involved with response in any manner, rather it is involved with issues of mitigation. He said the SERC does what it can to prevent chemical accidents anywhere in the state. Mr. Andrews indicated the SERC also helps local emergency-planning committees and other public safety entities around the state to prepare through training and equipment to deal with emergency situations.

Continuing, Mr. Andrews indicated there are four commissioners on a 16-person commission that are state entities: the Division of Environmental Protection, the State Fire Marshal Division, the Division of Emergency Management, and the Division of Occupational Safety and Health Enforcement. The remainder are local representatives from jurisdictions around the state from both the private and the public sectors, and people who represent the chemical facilities throughout the state, Mr. Andrews remarked.

Answering a question, Mr. Andrews stated the SERC has a "proud" record because it collects in excess of $800,000, on average, in fees; however, what is not readily known is that only approximately 15 percent of the fees are used for administration. He said approximately 85 percent goes to public safety entities throughout the state in the form of grants received from the 17 local emergency- planning committees (LEPCs). Mr. Andrews continued, the LEPCs are the local version of the SERC and have public safety individuals to perform the planning, training, and working with industries at the local level. He said it is typical for grant applications to be provided several times a year for training and equipment. In some cases the grants are used again for public safety personnel and facilities to better prepare for chemical situations, Mr. Andrews remarked.

In response to a question on performance indicator 2, Mr. Andrews pointed out there is great turnover, particularly in the volunteer fire services. He said the LEPCs in the fire districts and the fire marshal’s office are instrumental in helping the SERC with training. Mr. Andrews explained the SERC provides the funds for the LEPCs to train to operations level. He expressed uncertainty whether the SERC will ever reach its goal of 100 percent due to constant turnover. Senator O'Donnell suggested that perhaps the performance indicator should reflect the turnover situation, and Mr. Andrews agreed.

Ms. Evans indicated the base budget is consistent with what the Governor recommends.

Ms. Evans said a personal computer is requested to be replaced, and a printer is also requested.

Ms. Evans indicated there is concern regarding $61,667 charged in the first fiscal year for the network costs provided by Public Safety Information Technology. She deferred to Mr. Andrews on the issue.

Mr. Andrews said the SERC members considered the new charge unreasonably high and unfair. He speculated that nothing could be done about it during this legislative session. In addition, use of the repository by the SERC and LEPCs is very low and close to zero base. Mr. Andrews indicated the SERC had asked him to voice two concerns. The main concern was that the repository was set up under the auspices of SARA Title III, which is a community right-to-know obligation that assures all reporting information is properly recorded and accessible to the public. Mr. Andrews indicated the second concern was to "have something" that could be accessed by public safety, but it did not materialize. Most of the local fire districts possess repository information used for response calls and the like, Mr. Andrews remarked.

Declaring that module E-800 raises a "red flag," Senator O'Donnell commented $61,667 is an unreasonable amount and requested further clarification. In response, Ms. English referred to an item in the Public Safety Information Technology budget that pertained to programming for the fire marshal/SERC budget. She explained the costs were allocated between the two budgets based upon "the percentage of the budgets to [each] other." Ms. English indicated that based on this methodology, 80 percent of the cost should have gone to the fire marshal budget and 20 percent to the SERC budget. She said SERC was unaware of any benefit it might have gained by the programming funded by the Public Safety and Information Technology budget. Ms. English stated that in any event, SERC’s proportionate share should be budgeted should it derive any benefit from the system being programmed. Ms. English reflected that perhaps 20 percent was not the most expeditious way to handle the issue, but explained it came late in the budget process.

Senator O'Donnell queried regarding the price of the program and its function. In response, Alan Rogers, Manager, Public Safety Information Technology, indicated that the goal of the Public Safety Information Technology budget over the past two years has been to move toward actual payment for use of the system. He further explained the budget will eventually pay for what is received in services. Mr. Rogers stated the budget office is working on reconciling revenues and gave assurance the adjustments will eventually be made. He was unsure, however, whether they will be made in this particular budget. He noted that programming, plans, and permits are being done on the computer system, but most of it is "pursuant to the fire marshal" and not directly for SERC. Mr. Rogers said the system benefits SERC because it provides access to the national hazardous materials repository and the state repository. He noted the access is underutilized due to lack of training on use of the system by local agencies; however, that is being addressed. Mr. Rogers said the repository is being put on the Internet to provide direct public access into the fixed-site repository. He said the programming is completed and ready to be brought onto the state web site for access. It enhances the public-right-to-know access to the hazardous materials repository, Mr. Rogers remarked.

Senator O'Donnell clarified $61,667 in the budget is for 20 percent of the programming needs. Mr. Rogers indicated it was his understanding $61,667 is the total, but deferred to Ms. English. Ms. English said she provided the staff with paperwork documenting the manner in which she arrived at the numbers. In response, Senator O'Donnell questioned whether the fire marshal’s budget indicates $300,000 for information systems. Ms. English said:

Senator O'Donnell clarified $300,000 was included, and Ms. English agreed. The senator asked who was doing the programming. Ms. English said, "Our main issue and concern is obviously it’s taking directly away from the money that we can get out to the locals to assist them." Senator O'Donnell commented, "Somebody found a pot of gold and tapped into it."

Mr. Andrews interjected with a point of clarification. He indicated rural counties do not use the system because they have so few facilities; consequently, the work is handled manually. Mr. Andrews pointed out that even smaller counties, such as Lander, Eureka, and White Pine, have no need for such a system. He noted that Clark County will probably never use the state repository because it has its own system, which is current and accurate. Mr. Andrews indicated this issue will be addressed in the future.

Senator Jacobsen pointed out the Emergency Response Commission is valuable in terms of hazardous substance identification and emergency response exercises, particularly in rural communities. The senator indicated federal funds were distributed to the counties to allow them to determine their own needs. He recalled that the counties’ first priority was communications and the second priority was equipment. Senator Jacobsen noted that in some cases the counties formed triple districts to share equipment and response teams.

Expressing doubt the budgeted $61,667 would not return comparable benefits, Senator O'Donnell requested the staff to research and reconcile the issue.

Daryl E. Capurro, Lobbyist, Managing Director, Nevada Transport Association (NTA), indicated a number of changes need to be made in the laws, regarding both hazardous material and radioactive waste, to put Nevada in compliance with federal laws and regulations that have been adopted, and preemptions that have been provided. He said part of that could affect both the SERC and the NHP budgets. Mr. Capurro noted that the result of enacting Senate Bill (S.B.) 82 would be to eliminate approximately $290,000 of revenue received by the DMV and the NHP.

However, Mr. Capurro indicated, with respect to some of the provisions of the Alliance for Uniform HAZMAT Transportation Program(which is the pilot program to which Nevada is a party, along with five other states and two more anticipated), there is a budget situation that will continue to deteriorate as more states come on-line. Mr. Capurro said that is the "nature of the beast" with respect to a prorata program, such as the Alliance for Uniform HAZMAT Transportation Program, which is designed to provide uniformity throughout the states at some point.

Continuing, Mr. Capurro said currently Nevada has a waiver from the Alliance for Uniform HAZMAT Transportation Program to deal with the issue of fee splits, particularly in regard to the SERC. He indicated that at some point, direct-appropriation budgetary authority for what will be lost revenue to the SERC and the NHP must be considered. He noted the NHP has indicated to both the Senate Committee on Finance and the Senate Committee on Natural Resources that their costs are not being recovered for this program. Mr.  Capurro stated both budgets must be viewed in a different light before the 1999 Legislative Session is over. He indicated the NTA has been conferring with the SERC and NHP representatives on this issue and all entities intend to work together on it.

DMV, Forfeitures – Law Enforcement – Budget Page DMV-156 (Volume 3)

Budget Account 101-4703

John Drew, Acting Director, Department of Motor Vehicles and Public Safety, indicated budget account 4703 contains funds that are civilly confiscated from individuals engaged in criminal activity. He said that historically the budget account has been utilized as the grant match for budget account 3744, which is the account for the narcotics program run by the Investigation Division. Mr. Drew indicated that periodically the budget account has been used for equipment, training, and "things of that nature." He said that in this biennium, approximately $351,000 is requested as the grant match for budget account 3744 the first year, and approximately $337,000 the second year.

Further, Mr. Drew pointed out that an additional one-shot appropriation of approximately $163,000 from budget account 4703 will be utilized to replace computers in budget account 3743, which is a General Fund account for the Investigation Division. Mr. Drew indicated replacement of the computers is extremely important to the Investigation Division; therefore, the only option considered was to take the funds from the forfeiture account. He gave assurance the intent is not to make this a routine practice, nor would computers be replaced out of that particular account. It is just a method to solve a current budgetary problem, Mr. Drew remarked.

Asked whether there is General Fund appropriation to replace computer equipment, Mr. Drew replied there is no General Fund appropriation in budget account 3743. He indicated a one-shot appropriation out of the forfeiture account is requested this biennium and a General Fund appropriation would be requested in the future. Answering a query, Mr. Drew said "the forfeiture account is not a steady stream of revenue" and the disposition of the account is not easily known. In addition, federal and state guidelines, as well as the opinion of an attorney general and LCB legal staff, clearly indicates that forfeiture accounts should not be utilized for routine operating business. Therefore, although the initial purchase of equipment or computers may be legal under the guidelines, to continue the practice is not the proper procedure, Mr. Drew asserted.

Asked the parameters of a federal forfeiture, Mr. Drew explained that the federal forfeiture aspect involves the Investigation Division conducting investigations in conjunction with either the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), or U.S. Customs. He said the Investigation Division plays a significant role in the investigation through federal forfeiture statutes. Mr. Drew indicated the Investigation Division is allowed to apply for a share of any money forfeited to the government.

DMV, Division of Investigations – Budget Page DMV-159 (Volume 3)

Budget Account 101-3743

F. L. "Rick" Cypher, Deputy Chief, Investigation Division (NDI), Department of Motor Vehicles and Public Safety, indicated the division has statutory responsibility under chapters 481 and 453 of the NRS for statewide narcotics enforcement, and to provide investigative assistance to Nevada’s sheriffs, chiefs, and district attorneys. Chief Cypher distributed a document entitled "Investigative Highlights" (Exhibit E) to explain the manner in which the Investigation Division accomplishes its mission. He said the "Investigative Highlights" represent only 28 cases out of the 2,029 cases handled by NDI in 1997 and 1998.

Chief Cypher said that during the 1997 Legislative Session the Senate Committee on Finance directed the NDI to prepare separate performance indicators for General Fund budget account 3743, and the Narcotics Control federal grant budget account 3744. He gave assurance the indicators regarding criminal investigations conducted is a definitive measure of the effectiveness of the NDI. Chief Cypher said the NDI is statutorily mandated to provide investigative assistance to sheriffs, chiefs, and district attorneys upon request, and relies upon those entities to inform them when a crime occurs. Chief Cypher indicated if the NDI does not provide them with timely professional service and the best investigative product possible, they will not call.

Continuing, Chief Cypher pointed out that the FY 1998 "actual" for crimes-against- persons investigations conducted was 58, the projection for FY 1999 is 63, and the actual number so far is 112. He said the NDI considers the numbers a direct indication of its effectiveness. The chief noted the NDI is not completely satisfied with its other indicators as measures of effectiveness; however, they are the best that have been developed thus far and research will be continued in an effort to improve them, he said.

Chief Cypher indicated there are four significant changes to budget account 3743 since the last biennium. He said the base budget eliminated four positions and associated funding for the Vehicle Investigations Project for Enforcement and Recovery Program (VIPER).

Chief Cypher distributed the performance indicators for budget account 3743 (Exhibit F).

E-710 Replacement Equipment – Page DMV-163

Chief Cypher said module E-710 contains a request for two personal voice transmitters for the safety of officers’ conducting undercover investigations.

Chief Cypher reported E-711 contains a request for nine locking filing cabinets.

Chief Cypher pointed out E-712 contains a request for 16 vehicles to replace vehicles that will exceed 100,000 miles during the biennium.

Chief Cypher deferred to Mr. Drew to explain this decision unit.

Mr. Drew indicated this particular module reflects a transfer of three Bureau of Enforcement criminal investigators from the Registration Division within DMV&PS to NDI during the 1993 Legislative Session. He said that at the time The Executive Budget was prepared the former director of the DMV&PS made the decision to move the three positions back to the Registration Division with the Bureau of Enforcement. Mr. Drew reported that he learned in his discussions with the chief of staff in the Governor’s Office, and as was somewhat alluded to in the State of the State Address, it is the desire of the executive branch to consider consolidation of "issues" involved in public safety and state law enforcement under some form of larger umbrella.

Further, Mr. Drew said he had met with the budget office and LCB staff regarding the feasibility of not transferring the three positions back to the Registration Division at this time, given the understanding that between now and the 2001 Legislative Session the executive branch will study strategic planning in the public safety area. Mr. Drew indicated he preferred to leave the positions with NDI and address the issue again in the 2001 Legislation Session subsequent to its having been studied, should it be the wish of the subcommittee.

In an attempt to clarify, Senator O'Donnell asked whether the request is to leave the positions where they are at present or proceed with the transfer proposed in E-900. In response, Mr. Drew indicated the Governor recommends returning the positions to the Registration Division; however, his suggestion is to let them remain with the Investigation Division until the executive branch has had an opportunity to study public safety overall.

Chief Cypher indicated E-930 transfers one criminal investigator and related costs to the DMV&PS Training Division.

There being no further business, the meeting was adjourned at 12:50 p.m.

RESPECTFULLY SUBMITTED:

Barbara Moss,

Committee Secretary

APPROVED BY:

Senator Lawrence E. Jacobsen, Chairman

DATE: