MINUTES OF THE meeting
of the
assembly committee on ways and means and
senate committee on finance
joint subcommittee on general government
Seventy-First Session
April 26, 2001
The Ways and Means and Senate Finance Joint Subcommittee on General Governmentwas called to order at 8:10 a.m. on Thursday, April 26, 2001. Chairman William R. O’Donnell presided in Room 2134 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Guest List. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
SENATE MEMBERS PRESENT:
Senator William R. O’Donnell, Chairman
Senator Lawrence E. Jacobsen
Senator Joseph M. Neal, Jr.
ASSEMBLY WAYS AND MEANS MEMBERS PRESENT:
Mr. Bob Beers
Mrs. Vonne Chowning
Ms. Chris Giunchigliani
Mr. Lynn Hettrick
Ms. Sheila Leslie
Mr. David Parks
COMMITTEE MEMBERS ABSENT:
None
STAFF MEMBERS PRESENT:
Mark Stevens, Fiscal Analyst
Bob Guernsey, Principal Deputy Fiscal Analyst
Bob Atkinson, Program Analyst
Mindy Braun, Education Program Analyst
Mike Chapman, Program Analyst
Rick Combs, Program Analyst
Linda Smith, Committee Secretary
Connie Davis, Committee Secretary
BUDGET CLOSINGS
EMPLOYEE MANAGEMENT RELATIONS BOARD – BUDGET PAGE B&I-156
Mindy Braun, Education Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau, stated Budget Account 1374 was primarily funded through an appropriation from the state General Fund. Decision unit E-710 recommended a total of $5,866 over the biennium for replacement equipment for information technology. At the request of the subcommittee, staff had worked with the agency to determine the need for all recommended items. Based upon the review, the amount of $5,866 was reduced by $391 in each year of the biennium to reflect revised computer and software prices.
MR. PARKS MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS AND TECHNICAL ADJUSTMENTS.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
JUDICIAL EDUCATION - BUDGET PAGE COURTS-21
Bob Atkinson, Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau, explained administrative assessment revenues supported the budget. Administrative assessment revenues were adjusted to reflect the appropriate amount in the budget account based upon an increase of 7 percent each year. A small adjustment was made to decision unit E-710 to revise the price of computers to the most recent price furnished by the Purchasing Division. Staff recommended the account be closed as adjusted.
SENATOR NEAL MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS AND TECHNICAL ADJUSTMENTS.
MS. CHOWNING SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
DISTRICT JUDGES’ SALARY- BUDGET PAGE COURTS-25
Mr. Atkinson said the account was supported by General Fund appropriation.
MS. CHOWNING INDICATED SHE WOULD LIKE TO MAKE A MOTION TO CLOSE AS RECOMMENDED BY THE GOVERNOR SUBJECT TO PASSAGE OF A.B. 232 AND S.B. 184, WHICH CONTAINED THE ACTUARIALLY FUNDED JUDICIAL RETIREMENT SYSTEM AND THE SALARIES ISSUE.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
DISTRICT JUDGES’ AND WIDOWS’ PENSION - BUDGET PAGE COURTS-28
Mr. Atkinson said because two judges retired after the agency request was submitted, the recommended budget was adjusted to provide additional retirement benefits. The adjustment to the base decision unit was $98,247 in each year of the biennium. Decision unit E-225 was adjusted to allow for six months of pension payments from this account. After January 1, 2003, the benefits would be paid from the Judicial Retirement System.
The budget was built recommending that the salaries in the account be assessed for Retired Employees’ Group Insurance. Typically, the assessment was calculated only on salaries paid to active employees. The elimination of the assessment would reduce General Fund support in the account by $14,103 in FY2002 and $14,586 in FY2003. That assessment would have to be spread out over the rest of the budget accounts across the entire state. Staff recommended the account be approved as adjusted, including the removal of the Retired Employees’ Group Insurance assessment.
MS. CHOWNING MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS INCLUDING THE REMOVAL OF THE RETIRED EMPLOYEES’ GROUP INSURANCE ASSESSMENT.
MS. LESLIE SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
SUPREME COURT JUSTICES’ AND WIDOWS’ PENSIONS
BUDGET PAGE COURTS-30
The account provided for Supreme Court justices and survivors’ pension benefits. Decision unit E-225 was adjusted in the second year of the biennium to allow for six months of pension payments from this account with the last six months of payments paid from the Judicial Retirement System. The issue of Retired Employees’ Group Insurance referred to in Budget Account 1491 also appeared in this account. Staff recommended the account be closed as adjusted, including the removal of the Retired Employees’ Group Insurance assessment.
SENATOR NEAL MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS INCLUDING THE REMOVAL OF THE RETIRED EMPLOYEES’ GROUP INSURANCE ASSESSMENT.
MS. CHOWNING SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
DISTRICT JUDGES TRAVEL - BUDGET PAGE COURTS-32
Mr. Atkinson stated Budget Account 1493 was supported entirely with peremptory challenge fees.
Mrs. Chowning asked for an explanation of the $374,000 in reserve. Karen Kavanau, Court Administrator and Director of the Administrative Office of the Courts, said the reserve was a little high, but the revenues were actually dropping approximately $75,000 per year and thought the courts would need the reserve. Also there would be new programs. The First, Third, and Ninth Judicial Districts had a bill before the legislature to allow them to have a circuit‑type judge for drug courts. A judge would be on the road at least one week per month performing drug court functions. The travel would be reimbursed out of this account. Other similar programs would also require additional funding. There was concern that in three or four years the funding would be insufficient to cover expenses, but the recommended reserve should be sufficient for at least that period of time.
SENATOR NEAL MOVED TO CLOSE THE BUDGET AT GOVERNOR RECOMMEND.
MS. CHOWNING SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
RETIRED JUSTICE DUTY FUND - BUDGET PAGE COURTS-35
Mr. Atkinson stated the account was supported by administrative assessments. Base was adjusted to reflect the appropriate amount in the account based on an increase of 7 percent per year. Staff recommended the account be closed as adjusted.
MS. CHOWNING MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS.
MR. PARKS SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
JUDICIAL SELECTION - BUDGET PAGE COURTS-36
This budget account was supported by General Fund appropriation. The primary purpose of the commission was to select three nominees for any vacancy that might occur in the judiciary.
SENATOR NEAL MOVED TO CLOSE THE BUDGET AT GOVERNOR RECOMMEND.
MR. PARKS SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
LAW LIBRARY - BUDGET PAGE COURTS-38
This account was supported primarily by General Fund appropriation, but also included $12,000 per year in user fees from non-court use of photocopiers and computer research. Mr. Atkinson stated the budget had been built with an increase of 8 percent each year for inflation on publications and periodicals. Because the law library had testified that the current rate of inflation was approximately 6 percent, M-101 was adjusted, resulting in a savings to the General Fund of $13,385 for FY2002 and $21,575 for FY2003. Computer prices were adjusted saving $91 each year of the upcoming biennium. The budget recommended increasing the salary of the Law Librarian to $78,000. At the March 8, 2001, subcommittee meeting the agency had testified that the salary request was submitted prior to the Governor’s recommendation for unclassified salaries. Mr. Atkinson said the subcommittee needed to make a decision on whether to approve: 1) the unclassified salary increase with the 9 percent and 4 percent increases recommended by the Governor, or 2) the 9 percent and 4 percent increases recommended in addition to decision unit E‑806.
Senator O’Donnell said the state was facing some difficult times and even though the request was made and included in the recommended budget, it was incumbent upon the subcommittee to take another look at the proposed increase. Senator O’Donnell thought the salary increases recommended by the Governor were in line with the request made by the library and he would be more inclined to entertain the lower figure rather than the higher figure. The Law Librarian salary with the 9 percent and the 4 percent increase was $70,000 in FY2001, $77,000 in FY2002, and $80,000 in FY2003. The Law Librarian with 9 percent plus the 4 percent and the amount recommended in E‑806 was $78,000 in FY2001, $85,000 in FY2002, and $88,421 in FY2003. The request from the agency was a higher salary than that of the State Librarian. Senator O’Donnell indicated his preference for the 9 percent and 4 percent increase. Senator Neal did not think the subcommittee could make the comparison between the Law Librarian and the State Librarian because they were discussing one of the three branches of state government that had to deal with the rights of individuals. Senator Neal acknowledged that the Law Librarian was not a lawyer but did have to research laws for lawyers, and that was important. Senator Neal leaned toward the higher salaries. Mrs. Chowning stated the agency had requested a salary of $78,000 and now, because of the 9 percent and 4 percent increase, the salary was approximately $700 less than the requested $78,000. Even with the $78,000, the salary was lower than that of Washoe County‘s law librarian.
Ms. Kavanau explained that when the budget was constructed, the agency thought they had requested a 5 percent increase. Somehow, in the machinations during the budget process, the amount increased to 10 percent. Ms. Kavanau stated the justices felt a 5 percent merit increase, regardless of what the Governor did, was merited for the position.
SENATOR NEAL MOVED TO INCLUDE THE 9 PERCENT AND 4 PERCENT AND THE DECISION UNIT E-806 INCREASE.
THE MOTION DIED.
Mr. Atkinson stated, because the motion died, E-806 was not approved and staff now recommended the budget be closed as adjusted.
SENATOR JACOBSEN MOVED TO CLOSE THE BUDGET AT STAFF RECOMMENDATION AS ADJUSTED.
MR. PARKS AND MRS. CHOWNING SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
JUDICIAL DISCIPLINE - BUDGET PAGE COURTS-43
Mr. Atkinson said Budget Account 1497 was supported entirely by the General Fund. A small increase was made in the base to provide funding for copier lease payments and a reduction was made for one-time equipment costs. The commission had testified at the March 8, 2001, subcommittee hearing that the requested expenditures in category 10, IFC funds, had been included in the budget in error and should be removed. Those adjustments resulted in a reduction of General Fund support in the amount of $9,146 in each year of the biennium. Decision unit E-125 requested funds related to the relocation of the Carson City office. Because the office was relocated in the current year, requested funding related to the new lease and relocation of telephones was removed, resulting in savings of $3,511 in FY2002 and $1,490 in FY2003. Staff recommended the account be closed as adjusted.
MRS. CHOWNING MOVED THE BUDGET BE CLOSED WITH STAFF RECOMMENDATIONS.
SENATOR NEAL SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
INDUSTRIAL RELATIONS - BUDGET PAGE B&I-127
Mike Chapman, Program Analyst, Fiscal Analysis Division, LCB, stated the budget account was funded entirely from the Workers’ Compensation and Safety Fund -- no General Funds were appropriated to the account. Base budget salary costs were increased $20,820 in FY2002 and $20,972 in FY2003 to correct the pay scale step for the administrative services officer position. The second technical adjustment was for Module E-710, the computer pricing reduction. During the budget hearings the administrator had recommended elimination of two Compliance Investigators, two Program Assistant II positions, and one Program Assistant III position. The elimination of the five positions was not included in The Executive Budget. Funding would be reduced $246,391 in the first year of the biennium, and $260,547 in FY2003. Decision unit E-275 provided funding for additional training in a Certificate of Management program. Staff indicated the costs were reviewed and appeared to be reasonable. Decision unit E-276 requested funding to send two employees to a workers’ compensation training program. Decision unit E-277 recommended eliminating a Management Assistant II position. Overall, six positions would be eliminated from the account. Decision units E-710 and E‑720 provided for new and replacement equipment. Staff reviewed the request with the agency and determined the requests were reasonable and recommended closing the budget with staff adjustments.
SENATOR NEAL MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS.
MR. PARKS SECONDED THE MOTION.
Mrs. Chowning stated the Division of Industrial Relations, which identified unsafe working conditions, was so important and she was concerned that five positions were targeted for elimination. Mrs. Chowning understood that the director had requested the cuts to improve efficiency and effectiveness, but thought the subcommittee needed to know if the workers, the inspections, and the safety issues would be addressed.
Roger Bremner, Administrator, Division of Industrial Relations, explained that the positions were not directly responsible for safety inspections, but assured service delivery of benefits. The agency believed that Budget Account 4680 was adequately staffed. Mr. Bremner thought perhaps the account Mrs. Chowning was concerned with was Budget Account 4682, Occupational Safety and Health Enforcement, and no reductions were requested for that budget.
Senator O’Donnell said that a motion had been made by Senator Neal and seconded by Mr. Parks and requested a vote.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
OCCUPATIONAL SAFETY AND HEALTH ENFORCEMENT
BUDGET PAGE B&I-135
The Occupational Safety and Health Enforcement Section (OSHES) account was funded from the Workers’ Compensation and Safety Fund and federal grants. A technical adjustment decreased the base budget allocation from the Safety Fund by $72,250 each year to reflect an increase in the base amount of the federal Department of Occupational Health and Safety grant award in the same amount. The computer pricing was also adjusted. A number of positions had been vacant in the account but the division had filled a number of those positions. Mr. Chapman asked the subcommittee to refer to the staffing information included in the closing documents and stated currently four positions remained vacant. An adjustment was also made for staff training and replacement equipment. Staff recommended closing the budget------ (Mr. Chapman was interrupted.)
SENATOR NEAL MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS.
MRS. CHOWNING SECONDED THE MOTION.
Senator O’Donnell asked Mr. Chapman what he had recommended for closing and Mr. Chapman said he was going to recommend the budget account be closed with staff adjustments. Senator O’Donnell clarified that would be the elimination of the Industrial Hygienist III position and stated the subcommittee strongly encouraged Mr. Bremner to try to fill the remaining vacant positions post haste. Mr. Bremner responded that the division was diligently trying to fill the safety specialist positions in the Las Vegas area with individuals having bilingual skills and would seek other avenues if necessary.
Senator O’Donnell said there was a motion by Senator Neal seconded by Mrs. Chowning and asked for a vote.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
SAFETY CONSULTATION AND TRAINING - BUDGET PAGE B&I-140
Mr. Chapman indicated the first staff adjustment reduced the federal Occupational Safety and Health Administration (OSHA) grant by $144,750 in each year of the biennium to reflect the base amount of the grant award. The FY2000 grant award reflected prior year grant funds and federal one-time equipment funds. The same grants were increased for FY2002 based upon recent notification of final grant award approval. Adjustments were also made to the computer pricing revisions.
The Executive Budget recommended a decrease of $325,000 in each year of the biennium in the Informational Safety Program to reflect the agency’s request to reduce its wide-based multimedia campaign program. The agency had testified the request was an attempt to reduce the $425,000 in authority to $100,000. However, during the base year, the agency spent approximately $406,000 so the agency requested replenishment of the additional $18,000 difference to bring the authority back up to $100,000. Decision unit E-728 recommended elimination of a Management Assistant I position and E-170 recommended equipment replacement. Staff reviewed the requests, verified pricing, and determined the requests were reasonable. Staff recommended closing the budget based upon staff recommendations.
SENATOR NEAL MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS.
MRS. CHOWNING SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
MINE SAFETY & TRAINING - BUDGET PAGE B&I 145
Staff made one technical adjustment that reduced the quantity of Office Suite software that had been recommended for replacement. Decision units included E-710 and E720 and staff had reviewed the pricing and the equipment and made some adjustments, as indicated, to the amount of software purchased. Staff recommended closing the budget with the technical adjustments.
MRS. CHOWNING MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS AND TECHNICAL ADJUSTMENTS.
MR. PARKS SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Ms. Giunchigliani and Mr. Hettrick were absent for the vote.)
BUDGET CLOSED.
********
AGRICULTURE ADMINISTRATION - BUDGET PAGE AGRI-1
Rick Combs, Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau, referred to Budget Account 4554 and provided a brief overview of the technical adjustments:
Mr. Combs referred to issues for the subcommittee’s consideration:
Mrs. Chowning asked if the other members of the subcommittee felt the amounts included in E-300 were reasonable, $2,700 for the software and $9,600 for the hardware. Senator Neal deferred to staff to respond. Mr. Combs stated he was not qualified to determine whether or not the agency needed the particular software and hardware requested. However, it appeared the agency would need this type of equipment to use the data collected. The $80,000 might not be very useful if it was sitting somewhere in a contractor’s system and the department could not access it, but the agency needed to do something to be able to use the system. Mr. Beers asked if the initial $80,000 was for keypunch entry. Mr. Combs explained that the $80,000 was a one‑shot appropriation approved at the end of last session for the grazing lands database and stated the agency might be able to provide more detail.
Paul Iverson, Director, State Department of Agriculture, explained that the one‑shot funding was to develop a database and, from that database, compile a report on the grazing trends in the state of Nevada. That report was now complete. The agency had initially contracted with the Nevada Association of Counties (NACO), who then subcontracted with Resource Concepts. Resource Concepts would provide the agency with 200 copies of the report and diskettes that would be distributed to the legislature. Mr. Iverson said this was the first time data on grazing trends in Nevada had been compiled. The agency now wanted to be able to maintain and upgrade the database in-house without reliance on another entity. The large printer that was requested would give the agency the ability to print section maps showing the grazing allotments. Mr. Beers asked if a DoIT planning document had been prepared for the $80,000 one-shot appropriation. Mr. Iverson said DoIT was not part of the initial process. The funding was provided to conduct a study and develop a report. Mr. Beers thought the legislative intent was slightly different than what happened and said he would have a greater level of comfort if there had been some DoIT involvement in overseeing the project. Mr. Beers thought the agency should have received much more than a report for the amount of money that was paid. Mr. Iverson stated the agency had available to them all of the data and a report. He explained NACO had used Resource Concepts as a subcontractor because they had a great deal of data already on file. The agency would now like to have the database located in-house and Mr. Beers said that was the first thing Resource Concepts should have done with the $80,000 on a normal computer database contract. The trouble originated because there had not been experienced technology oversight of the contract.
Senator O’Donnell summarized the various steps and said Resource Concepts had a lot of expertise and had produced the documents, conducted investigations, established grazing sites, produced a plan, produced some maps, produced a report and gave the Department of Agriculture the data. Senator O’Donnell then asked Mr. Iverson if his agency had the same level of expertise as Resource Concepts. Mr. Iverson said if the data was available, the agency had the ability through the agency’s deputy administrator to upgrade and maintain the system. The deputy administrator, who was housed in Carson City, would maintain the database because his main focus was natural resource issues. Mr. Iverson indicated there would not be a great deal of data entry because the data only needed to be updated. Senator O’Donnell asked if the agency had contacted Resource Concepts to determine how much they would charge to keep the database current. Mr. Iverson responded that the agency had not contacted Resource Concepts but stated the current deputy administrator came from Resource Concepts and had the ability to maintain the database. Mr. Iverson thought it would be preferable to have Resource Concepts maintain the database. Senator O’Donnell asked if there were any proprietary issues and Mr. Iverson did not believe so because the agency had paid for the data collection.
Mr. Beers asked if the database was an ArcView Geographic Information System (GIS) and Mr. Iverson responded in the affirmative. Mr. Beers asked if the agency currently owned a copy of ArcView.
Rick Gimlin, Administrator, State Department of Agriculture, acknowledged the agency owned a copy of ArcView, ArcInfo and Atlas software. Currently two different GIS systems operated within the department. At least three staff members were familiar with data input and also had the ability to manipulate the data within the system to produce maps, trend analysis, and other documents. Mr. Beers asked why the department needed the recommended funding since the agency owned the database and staff was already trained. Mr. Gimlin said an additional GIS license was needed for the additional workstation.
Senator O’Donnell said the agency had contracted with NACO, who then contracted with Resource Concepts, and then the agency hired the individual from Resource Concepts who developed the database, and now that individual was interested in doing the project again in addition to what he used to do at Resource Concepts. Mr. Iverson said that was not the case. The individual would merely maintain a program the agency had paid for to produce a report. Mr. Iverson said he would check with Resource Concepts to see what they would charge to maintain and update the database.
Senator O’Donnell said the budget would be held open until Mr. Combs and Mr. Iverson determined if the agency really needed the requested funding. Mr. Iverson said the department would prefer to have Resource Concepts continue to maintain and update the database even though the fee might increase slightly.
WEIGHTS AND MEASURES - BUDGET PAGE AGRI-22
Mr. Combs said Budget Account 4551 included numerous technical adjustments. The majority of adjustments ensured that the accounts were funded 15 percent through the transfer from the Department of Motor Vehicles and Public Safety Pollution Control Account. The percentages were slightly less than 15 percent in some decision units and slightly more in others. The training expenditures were reduced in the base from $3,449 in FY2002 and $5,100 in FY2003 to $1,823 in each year of the biennium. It appeared that certain expenditures that were included in the base were also requested in decision unit E-275. The expenditures for each decision unit were allocated among the various funding sources based upon the percentage of expenditures in FY2000. In addition, updated computer price information was applied to E‑710 and E‑720.
Mr. Combs referred to the budget closing issues:
Ms. Giunchigliani asked Mr. Combs to provide more detail on the reserve account issue. Mr. Combs indicated The Executive Budget included a reserve in the base budget of $188,000 in FY2002 and $211,000 in FY2003. Elimination of the revenue could reduce the General Fund appropriation. Mr. Combs explained that the reserve was eliminated in the closing documents.
In response to a question posed by Senator Jacobsen about a scale that might be available from the Department of Motor Vehicles and Public Safety (DMV&PS), Mr. Gimlin said he thought the DMV&PS planned to remove a scale at their Galletti Way facility. Senator Jacobsen asked if the Department of Agriculture would have any use for the scale and Mr. Gimlin stated the agencies were working together to see if Agriculture could acquire the scale and perhaps at some future point in time use the scale in conjunction with the Nevada Highway Patrol to perform inspections.
MR. HETTRICK MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS WITH THE ELIMINATION OF THE RESERVE AND APPROVAL OF EACH OF THE OTHER BUDGET CLOSING ISSUES.
MS. GIUNCHIGLIANI SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
BUDGET CLOSED.
********
GRADE AND ID OF AGRICULTURAL PRODUCTS - BUDGET PAGE AGRI-41
Technical adjustments to the Department of Agriculture’s Grade and Certification Account were cost-of-living adjustments for the classified employees, which had been reflected in the base budget rather than in decision unit M‑301. There was no change in the costs to the account. Decision unit M‑305 was increased by $5,982 in FY2002 and $8,243 in FY2003 to ensure sufficient funding was available for the cost-of-living adjustments for seasonal positions. The revenue received through a cooperative agreement with the United States Department of Agriculture (USDA) for conducting plant and pest surveys and entering data from the surveys into a national database was reduced to the amount of the anticipated award for each year of the biennium. The only decision units were E-918 and E-919 and, with the subcommittee’s approval of Budget Account 4540 at a previous hearing, those decision units were denied. The decision units would have combined the account into the Plant Industry Account.
Senator Jacobsen noted that hay was not included in the inspection items and asked if there was any other coverage as far as the noxious weed Whitetop was concerned. Mr. Gimlin stated hay inspection was still an active component of the account. The division currently inspected hay to make certain it was free of weeds. Mr. Gimlin thought the Whitetop program was located in Budget Account 4540 and the department was actively pursuing a noxious weed program. Last session, a new position was funded specifically for the purpose of working with the noxious weed problem throughout the state. Mr. Gimlin indicated there was now a comprehensive weed management program that all of Nevada’s counties had approved.
MRS. CHOWNING MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS.
MS. GIUNCHIGLIANI SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
BUDGET CLOSED.
********
LIVESTOCK INSPECTION - BUDGET PAGE AGRI-55
Mr. Combs said The Executive Budget included revenue from a number of sources that were collected in FY2000, but would not be collected again until FY2004. The Budget Office, through the agency, reduced those revenues and also reduced the personnel expenditure category because some seasonal salary amounts had been duplicated. Mr. Combs increased the personnel expenditure category by $20,231 in FY2002 and $30,032 in FY2003 for the cost-of-living adjustments for seasonal positions. The cost for the new microbiologist position recommended in M-200 to attend the United States Animal Health Association meeting was reduced from $1,690 to $1,322 in FY2002 and from $1,680 to $1,136 in FY2003. The transfers to the department’s administration account were eliminated as a result of the cost allocation plan being implemented. Decision unit E-915 was eliminated because it duplicated a portion of the transfer that was recommended in decision unit E-900.
The decision units for the subcommittee’s consideration included:
Senator O’Donnell asked where the department came up with the cost to transfer a database from an Apple format to an IBM format. Mr. Gimlin said Dr. Campbell designed the current database on the Apple system. Because DoIT indicated they did not have staff with expertise in the format, the agency went back to Dr. Campbell and asked what it would take to convert the program to an IBM format. In addition to the current capabilities, the agency wanted to have a database that would allow customers to access brands over the Web rather than requesting a hardcopy from the agency. Currently all of the information was encapsulated on one computer. Discussions between Dr. Campbell and the state veterinarian, who had operated the program for the last couple of years, resulted in the agency’s estimate.
In response to a question posed by Mr. Beers, Mr. Gimlin said the brand book was published every four years and updates were printed on an annual basis. In the current year, 5,000 copies were printed and sold, another 2,500 copies were printed, and the department had approximately 500 copies remaining. Mr. Gimlin felt it would be nice to have the document on the Web rather than a hardcopy that required mailing fees. Mr. Beers thought that the $18,000 estimate was basically to move the program from a MAC format into a PC format and asked if the estimate included placing the project on the Web. Because Mr. Gimlin did not have all of the information with him, he could not confirm what the estimates included. Mr. Beers asked if there was one large file or one file for each county and Mr. Gimlin thought there was one large file for each type of brand – cattle, horses, and sheep. The agency found that the MAC database was often unstable and would “crash” in the middle of a run. Dr. Campbell had indicated if the agency went to an IBM format, the problems would be alleviated. Mr. Gimlin said it was also hard to find support for the MAC format and indicated DoIT currently provided support for IBM. Mr. Gimlin thought the $18,000 covered only conversion costs and said the agency would be happy to postpone the project. The agency would develop a better estimate and then, when ready, go before the IFC to request funding. Mr. Iverson stated the conversion was not something that needed to be done today. Senator O’Donnell said the subcommittee would suggest putting the funds back into the reserve and then the agency could come to the IFC.
Mr. Combs continued with his testimony and said, based on the revenue situation in the second year of the biennium, the subcommittee might want to address the transfer of the four inspector positions as a separate issue first. It was recommended the positions go to the Administration account and Mr. Combs recommended the positions be placed in the Plant Industry account. Senator O’Donnell and Mr. Iverson were receptive to moving the positions into the Plant Industry account.
Ms. Giunchigliani asked how much the head tax generated and Mr. Iverson said about $150,000. Four years ago the tax generated approximately $87,000. The agency was responsible for discovering who owed money and then the county had responsibility for collecting the tax. Mr. Iverson stated that the assessors, who were elected officials, had been getting “really beat up” on the issue. Historically, agriculture and the cattle industry were huge in the state and the counties collected the taxes without a problem. However, the state’s economy had changed and the head tax was no longer a priority with the assessors. Mr. Iverson stressed that the assessors had been extremely patient and had taken beatings for the department because people blamed the assessors for having to pay a tax, which was mandated by law. The assessors were willing to continue collecting head taxes for an additional two years to allow the department the opportunity to grow into the process. This year the department would collect the taxes in four counties – Douglas, Storey, Carson, and Lyon and then continue to extend to the remaining counties.
MS. GIUNCHIGLIANI MOVED TO APPROVE THE GOVERNOR’S RECOMMENDATION TO TRANSFER THE FOUR POSITIONS WITH THE ADJUSTMENT RECOMMENDED BY STAFF TO TRANSFER THE POSITIONS TO THE PLANT INDUSTRY BUDGET, RATHER THAN THE ADMINISTRATION BUDGET.
MR. PARKS SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
Senator O’Donnell asked the subcommittee to deal with the other issues in the Livestock Inspection budget. Mr. Combs stated he had given a recommendation on every other decision unit based on the approval of the transfer of the four positions.
Senator O’Donnell asked for a motion to close the budget with the $18,601 for database conversion placed in reserve and all other staff recommendations based upon moving the four positions.
MRS. CHOWNING MOVED TO CLOSE THE BUDGET WITH THE $18,601 FOR DATABASE CONVERSION PLACED IN RESERVE AND ALL OTHER STAFF RECOMMENDATIONS BASED UPON MOVING THE FOUR POSITIONS.
MS. GIUNCHIGLIANI SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
BUDGET CLOSED.
********
VETERINARY MEDICAL SERVICES - BUDGET PAGE AGRI-67
Senator O’Donnell asked Mr. Iverson to explain the purpose of Budget Account 4550. Mr. Iverson said the Comstock Wild Horse Training Program provided an opportunity to help raise the adoption rate of the Virginia Range horses. Horses were brought into the program, were trained for 45 days, and then were adopted-out to interested parties. Prison inmates provided the training, which benefited the horses and was a tremendous benefit to the inmates involved in the program. Mr. Iverson indicated the program was funded with General Fund dollars with the exception of a very small portion that came from the Brands department. A temporary position was hired by the department to assist with the program and was funded with some savings the agency had.
Senator O’Donnell said there was a huge reserve in the Prison Industries fund and, since the program basically involved the prisons and the prisoners, suggested the position be moved to and funded by Prison Industries. Mr. Iverson stated his only concern with the suggestion was that the Department of Agriculture and the Department of Prisons had worked together very well and the program worked. Mr. Iverson felt Nevada’s wild horse program was the best in the country. Agriculture caught the horses, turned them over to the prison, and then paid the prison $2.00 per day to feed the horses. That money would still have to come out of the General Fund. Currently the agency received $18,000 from the General Fund that was used to capture, vaccinate, treat, and feed the animals. Senator O’Donnell said the agency could still capture the animals and then turn them over to Prison Industries to vaccinate, treat, and feed. The money received from the sale of the animals would go back to Prison Industries. Mr. Iverson said there was a statute that said if Prison Industries did not make money within three years in a certain program, the program had to be terminated and stressed that the wild horse program would never make money.
Janet Johnson, Assistant Director, Support Services, Department of Prisons (DOP), said Howard Skolnik, Assistant Director, Prison Industries (PI), had agreed to take over the program if the subcommittee did not approve General Funds. However, the program was not profitable and Mr. Skolnik felt the PI program would lose money. There was some revenue for license plate reissues that was restricted and could not be used unless a plan was submitted to the subcommittee. If it was the subcommittee’s desire to move the program to the PI, Mr. Skolnik asked for approval to use some of the restricted funds for the position. Senator O’Donnell said an organization issue could be solved in addition to the General Fund revenue issue, and said Mr. Skolnik would be allowed to use the restricted funds in the manner he requested and fund the entire program out of the PI, except for the position. Ms. Johnson said the Department of Agriculture would have to continue to capture and feed the horses and thought there was an expectation that the per diem would be paid to Prison Industries for feeding those horses.
Ms. Giunchigliani stated she was not in favor of moving the program and thought the General Fund could be eliminated and do a transfer of funds from the PI. The Department of Agriculture could continue with their current duties. Ms. Giunchigliani said statutes did not mandate that a program had to be terminated if it was not profitable; the program would have to be reviewed and then a recommendation made to the director whether the program should be continued or terminated. Ms. Giunchigliani said the Department of Agriculture had managed the wild horse program well and wanted to see the program continue. Ms. Johnson said currently there was a cooperative effort between the Department of Agriculture and the Department of Prisons, and management was being done cooperatively. Most of the work was being done at the Warm Springs facility under the direction of Warden Bates. If the position was going to be funded through the PI, Ms. Johnson thought that the PI wanted to have the program and believed the Department of Agriculture was not in conflict. Mr. Iverson did not feel it would be a problem if the position was moved to the PI under the direction of Warden Bates. The problem was that it took a great deal more than $18,000 to feed and care for the horses. Mr. Iverson wanted the Department of Agriculture to continue to have some oversight into the management and care of the horses. People depended on the agency to care for the horses. Ms. Giunchigliani said the subcommittee did not have a problem with giving the agency the $25,000 needed and thought it made sense to move the position to the PI. The funds could be allocated within the budget with the understanding that the position would be assigned to manage the program at Warm Springs. Mr. Hettrick thought the intent was to fund the program with the PI funds because this was partially a PI program and said the issue was how to fund the program out of the PI, not moving bodies back and forth.
Senator O’Donnell felt it was slightly more complicated because the PI was running the program, however, the individual responsible for running the program was currently under the supervision of Paul Iverson. DoIT had experienced a similar problem in the past. Mr. Hettrick suggested the PI contract with the Department of Agriculture to operate the program. Ms. Johnson said if the position was funded with the PI funds, Mr. Skolnik wanted the revenue from adoptions to help offset the expenses of the program. Mr. Hettrick suggested the PI contract with the Department of Agriculture to receive the revenue from the sale of the horses. Ms. Johnson said the DOP was in agreement. Mr. Hettrick said the state had a wonderful program that worked and people who had put a ton of effort into making the program work and did not see why the program needed to be changed when all that was needed was a simple contract. The program did not need to be fixed, it just needed funding that was not from the General Fund.
Senator O’Donnell asked about the license plate reissue money. Mark Stevens said the license plate reissue money was estimated at $500,000 in FY2001 and an additional $500,000 in FY2002 and would be far more than needed for the position. Both Senator O’Donnell and Ms. Johnson understood only a small portion of the reissue money would be needed for the position.
Ms. Chowning said she knew that training the horses was very therapeutic to the prisoners, but the prison was not saddled with capturing, feeding, vaccinating, and caring for the horses. If the program was going to be in two different places, it was important to fund both agencies adequately. In response to a question posed by Senator O’Donnell, Mr. Iverson stated the program cost much more than the $18,000 appropriated. There was also an animal health issue and some of the part-time animal health positions spent time in the program. Senator O’Donnell suggested $18,000 be transferred out of the PI fund to the Department of Agriculture for the program. Because the figure of $18,000 kept coming up, Mr. Combs provided the subcommittee with detail on the budget account outside of the cost for the position. The base budget included a line item entitled Nevada Agricultural Experiment Station, which was actually the wild horse facility expenditure category. Last session, when additional funding became available, the money committees agreed to provide $25,000 in each year of the biennium for expenditures at the facility. When the base budget was adjusted the amount was reduced to $13,431 because all of the $25,000 had not been spent in the base year. Secondly, equipment that had been purchased was removed from the base budget. There was no recommendation for any additional equipment expenditures for that facility in The Executive Budget. The recommended budget included $13,431 in each year of the biennium.
MS. GIUNCHIGLIANI MOVED TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS AND FUND THE POSITION OUT OF PRISON INDUSTRIES RESERVE DOLLARS AND INCREASE THE AMOUNT TO $25,000.
Mr. Combs, in response to a question posed by Senator O’Donnell, said $13,431 was included in the base budget for veterinary expenses, feeding, and equipment purchases at the facility. The decision unit required approximately $60,000 in additional General Fund money. Ms. Johnson said the money was in reserve, but there was a Letter of Intent that said the PI could not use the funds without legislative approval. Ms. Giunchigliani stated the intent of the motion she just made would give the DOP permission to use the funds.
MR. HETTRICK SECONDED THE MOTION.
Senator Jacobsen asked for clarification of the adoption process. Mr. Iverson stated a horse was sold to a nonprofit adoption group. The nonprofit group managed the adoption process and the agency no longer had any responsibility for the animal. Senator Jacobsen asked who would assume the responsibility if an animal was diseased, and Mr. Iverson said once the animal was adopted the agency no longer had any responsibility. Senator Jacobsen asked to have Assemblyman John Marvel come forward to let the subcommittee know his thoughts on the program.
Ms. Chowning asked why there was a Department of Agriculture position located in Carson City and was concerned that no help was provided, either part-time or full-time, for that position. Mr. Iverson said the office in Carson City was funded solely with federal funds provided through the United States Department of Agriculture Mediation Program and was basically the state mediation office and was also the Director’s Office. Mr. Iverson stated he worked there every morning and every night and also went to Reno almost every day. The Deputy Administrator was located in Carson City and his primary responsibilities were natural resources, environmental issues, and the estray horse program. He also worked with the Nevada Division of Forestry on wildfire issues, the Department of Conservation on a regular basis, was the agency’s natural resource specialist, and did an outstanding job. Mr. Iverson thought it was very important to have agency representation in the state capital, and said he would like to move the entire office to Carson City. Senator O’Donnell stated the subcommittee would take a short break and reconvene in five minutes.
The meeting was reconvened at 10:10 a.m.
Assemblyman John Marvel, Assembly District 34, and Chairman of the Prison Industry Advisory Board, thought that the program was workable. Prison Industries had funds available and could take over some of the programs that would provide a savings to the General Fund. Mr. Marvel said the Department of Agriculture would have to have some funding to feed the horses initially. The position could be moved from the Department of Agriculture to the DOP and would save General Funds. Mr. Marvel deferred to Mr. Iverson and Ms. Johnson for further explanation.
Mr. Iverson said recommendation from the DOP and Department of Agriculture would be similar to Mr. Combs’ recommendation and that was to move the position from the Department of Agriculture to Prison Industries, who would fund the position resulting in a savings to the General Fund of $75,000. Mr. Iverson stated his agency would need at least $15,000 to $20,000 to feed and care for the animals. Once the animal was located at the Northern Nevada Correctional Center, the PI would be responsible for the animal. The Department of Agriculture would pay the PI $2.00 a day to take care of the animal until adoption. When the animal was sold the funds received would be given to the PI to replenish their funds. If more horses were captured than anticipated, Mr. Iverson’s agency would request additional funds from the Interim Finance Committee. The Department of Agriculture would still have a management roll in the program because the agency was responsible for the horses from the day they were captured until the day they were adopted.
Ms. Johnson concurred with Mr. Iverson, and stated the only caveat was the ability to use the license renewal monies and the return of the funds when the horses were sold. Ms. Giunchigliani thought the solution was very close to the motion she and Mr. Hettrick had made earlier in the meeting. Funding was modified to $18,000 for the care and feeding with the understanding that upon the sale of the horse the funds would go back to the reserve. The additional half-time position discussed by Mrs. Chowning was not included. Ms. Giunchigliani also recommended moving the full-time position to Prison Industries.
Senator Jacobsen wanted to know how Warden Bates felt about the program. Robin Bates, Warden, Warm Springs Correctional Center, stated the center was fortunate to be the host facility for the program. The inmates derived a great deal of therapeutic benefit from training and working with the horses. Warden Bates believed there would not be any disadvantage to the transfer of the position to the PI. Warden Bates expressed the importance of the Department of Agriculture receiving an appropriate amount of funding for feeding, vaccinating and freeze-branding the animals and thought the proposed plan would work. Public adoptions were held inside the Warm Springs facility every six to eight weeks and the adoption rate was 100 percent. Typically wild horse programs were located in minimum-security prisons in other states. However, because the turnover rate at the minimum-security facility was high, Nevada’s program was placed at a medium-security facility.
Senator O’Donnell stated there had been a motion and a second, and there had also been an amended motion by Mrs. Chowning to add the other position and asked if there was a second to the motion. Ms. Giunchigliani asked if the two items could be separated – the secretarial position and the horse-gentling position. After conferring with Mrs. Chowning, Senator O’Donnell stated the amended motion was withdrawn. Mr. Marvel thought it would be worthwhile if the agencies reported back to the IFC once or twice each year on the status of the program. Senator O’Donnell stated that would be included in the motion.
THE MOTION CARRIED UNANIMOUSLY.
Mrs. Chowning indicated the recommended new position be located in Carson City and asked the director if a part-time position was sufficient or should it be a full-time position. Mr. Iverson said if the position was approved it would be located in Carson City at a half-time level in Budget Account 4554 because it would address all agency programs. If Ms. Giunchigliani’s marijuana bill passed, that position would be increased to a full-time position because one of the duties would be implementation of the medical marijuana bill.
MRS. CHOWNING MOVED TO ADD A HALF-TIME SUPPORT PERSONNEL POSITION IN BUDGET ACCOUNT 4554.
SENATOR JACOBSEN SECONDED THE MOTION.
Senator O’Donnell said he could not support the motion because of what the subcommittee had already done in the meeting – the PI reserve fund would provide $70,000 for a full-time position and the current request would cost the General Fund a half-time position plus the $25,000. Rather than saving funding, the request was for more funding. Mr. Marvel stated some of the funds would be coming back through the adoption process. Mr. Iverson stated a new half-time support position would cost approximately $18,000.
Ms. Giunchigliani stated her bill would be heard the following day and said she did not want to commingle the two issues. Ms. Giunchigliani indicated her lack of support for the new position because no presentation had been previously made on the addition of the position and thought a wrong message would be sent to other agencies. Yesterday, $100,000 had been cut from the suicide prevention hot line. Tough decisions were having to be made. Senator O’Donnell agreed and said he could not support the addition of the position either. Mrs. Chowning responded that $53,000 and $118,000 in General Fund had been saved during the current hearing and to put $18,000 back in so that someone could have some help was very reasonable. Senator O’Donnell appreciated the fact that $53,000 was saved but the goal was $150 million.
THE MOTION FAILED ON THE SENATE SIDE AND ASSEMBLY SIDE.
BUDGET CLOSED.
********
The meeting was adjourned at 10:25 a.m.
RESPECTFULLY SUBMITTED:
Linda J. Smith
Committee Secretary
APPROVED BY:
Senator William R. O’Donnell, Chairman
DATE: