MINUTES OF THE meeting
of the
ASSEMBLY ways and means/senate finance
joint Subcommittee on
public safety/natural resources/transportation
Seventy-First Session
May 1, 2001
The Joint Subcommittee on Public Safety/Natural Resources/Transportationwas called to order at 8:17 a.m. on Tuesday, May 1, 2001. Assemblyman David Parks, Chairman, 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.
ASSEMBLY COMMITTEE MEMBERS PRESENT:
Mr. David Parks, Chairman
Mr. Bob Beers
Mrs. Vonne Chowning
Mrs. Marcia de Braga
Mr. John Marvel
Mr. Richard D. Perkins
SENATE COMMITTEE MEMBERS PRESENT:
Senator Lawrence E. Jacobsen
Senator William R. O’Donnell
SENATE COMMITTEE MEMBERS EXCUSED:
Senator Joseph M. Neal, Jr.
STAFF MEMBERS PRESENT:
Gary Ghiggeri, Senate Fiscal Analyst
Steve Abba, Principal Deputy Fiscal Analyst (Assembly)
Bob Atkinson, Program Analyst
Mark Krmpotic, Program Analyst
Carla Watson, Program Analyst
Carol Thomsen, Committee Secretary
Kathryn Fosnaugh, Committee Secretary
BUDGET CLOSINGS
PAROLE BOARD – BUDGET PAGE PS-177
Bob Atkinson, Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau (LCB), stated staff had reviewed a number of issues in the Parole Board budget at the direction of the subcommittee. Technical adjustments had been made as follows:
Mr. Atkinson reported staff would also recommend removal of the “frozen for merits” classification for six of the eight classified staff in the Parole Board budget account. The agency suffered very little turnover in its classified positions, and when incumbents received merit increases, a shortage was created in the personnel category, because funding to cover those increases had not been included in the budget. Per Mr. Atkinson, the cost of that recommendation would be $6,403 in FY2201-02 and $11,643 in FY2002-03.
According to Mr. Atkinson, the subcommittee should also note that A.B. 160 would allow a sole proprietor independent contractor to opt out of workers’ compensation coverage, and module E-225 included $3,500 per year which could be eliminated from operating expenses should the bill pass. Staff recommended the budget be closed as adjusted, including the unfreezing of merits, and the caveat that, subject to passage of A.B. 160, $3,500 would be eliminated in module E-225.
Chairman Parks noted that the Senate did not yet have a quorum and could not vote on closure of the budget; however, if Assembly members so chose, he would accept a motion to close the budget on the Assembly side.
MRS. CHOWNING MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY STAFF, INCLUDING TECHNICAL ADJUSTMENTS, UNFREEZING OF MERITS, AND REMOVAL OF $3,500 IN MODULE E-225, SUBJECT TO PASSAGE OF A.B. 160.
MR. MARVEL SECONDED THE MOTION.
THE MOTION CARRIED BY ASSEMBLY ONLY. (Mr. Perkins was not present for the vote.)
BUDGET CLOSED BY THE ASSEMBLY.
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Chairman Parks indicated the subcommittee would commence with budget closings for the accounts within the Nevada Department of Prisons (NDOP).
Mrs. Chowning relayed the committee’s concern regarding the recent tragic training accident experienced by a correctional officer from the NDOP, which caused the officer to lose her hand. Chairman Parks inquired whether there was an update as to the condition of the officer. Jackie Crawford, Director, NDOP, thanked the subcommittee for its concern, and reported that she was optimistic regarding the officer’s eventual recovery. While the officer did lose her hand, Ms. Crawford reported that she anticipated leaving the hospital shortly and would undergo extensive therapy. The NDOP was very saddened by the training accident. The officer was anticipating returning to work, and her effort would be supported by the NDOP; Ms. Crawford pointed out that she was a strong advocate for staff of the NDOP.
Chairman Parks indicated the next budget for review would be Budget Account 3762, High Desert State Prison (HDSP).
HIGH DESERT STATE PRISON – BUDGET PAGE PRISONS-73
Carla Watson, Program Analyst, LCB, informed the subcommittee that staff had identified a shortfall in the HDSP budget account of approximately $2.1 million, and she would identify the components that contributed to the shortfall during the presentation of her closing report.
Ms. Watson reported that the technical adjustments would result in an increase in General Fund appropriations of $86,648 in FY2002 and $106,168 in FY2003, and was primarily because of base adjustments for Rural Area Differential (RAD), and bakery ingredients. The Executive Budget did not provide RAD for all staff, the funding for employee tort insurance was not included, and bakery ingredients were not provided for baked goods sold to Southern Desert Correctional Center (SDCC), Jean Conservation Camp (JCC), and Indian Springs Conservation Camp (ISCC).
There were several decision units for the committee’s review, and Ms. Watson commenced with module M-100, Inflation. The Executive Budget did not provide for an inflationary increase in fuel oil, but rather provided base funding of $120,694 per year for fuel oil for HDSP. The NDOP indicated an average monthly cost of $52,733, which equated to $632,796 per year. Ms. Watson asked whether the subcommittee wished to add General Fund appropriations of $512,102 per year to cover the shortfall for fuel oil.
Chairman Parks reminded subcommittee members that HDSP was a new facility and, therefore, the budget was being considered for initial review. Mrs. de Braga asked what percentage of an increase in energy costs the additional funding represented. Ms. Watson was uncertain of the percentage increase, because HDSP had recently opened in September 2000 and the needs were still being determined. The Executive Budget initially budgeted the facility according to the original request of $120,694 per year. Mrs. de Braga inquired whether that amount was an estimate in itself; Ms. Watson replied in the affirmative.
According to Chairman Parks, the subcommittee would hear the entire closing presentation on the HDSP budget, prior to addressing each module.
Ms. Watson commenced review of module M-201, and noted the subcommittee might recall that Unit 8 at HDSP was not originally funded regarding staff, and 14 custody staff would be necessary to meet staffing requirements. The LCB had received a modification to The Executive Budget which proposed to transfer 11 custody officers from Unit 1 at SDCC to HDSP in an effort to partially address the shortfall in staff. When the subcommittee closed the ISCC budget at a previous hearing, the recommendation was for a reduction of staff in Unit 7 for the Boot Camp Program from ten to seven, in order to fill the remaining portion of the staffing shortfall at HDSP, Unit 8. Staff added 14 correctional officer positions to the HDSP budget effective May 2002, which would allow two months for training. The cost to the General Fund for those positions would be $103,257 in FY2002 and $623,256 in FY2003.
Module E-283 recommended funding of $78,298 over the biennium for one Equipment Mechanic III position to staff the auto shop. Ms. Watson explained that HDSP currently did not have a mechanic position on staff and the NDOP indicated existing maintenance personnel were not trained in auto mechanics. The NDOP further indicated that the shop at SDCC was in need of substantial repair. Should the position be approved, Ms. Watson advised that the NDOP planned to transfer the auto repair maintenance tasks to the HDSP auto shop. After that transfer, SDCC would continue to use existing staff to repair and maintain small motors and gasoline-powered carts. If the position was not approved, the NDOP indicated that HDSP would be forced to rely on the use of outside vendors for major repairs, and the SDCC shop would require new equipment. Based on the justification provided by the NDOP, Ms. Watson indicated the position did appear to be necessary.
Continuing, Ms. Watson noted that module E-284 recommended funding of $75,535 over the biennium for one Maintenance Repair Specialist II position to supervise inmate repair crews while working on equipment. HDSP currently had 14 existing maintenance staff, any of which should be capable of supervising inmate crews in their respective areas of expertise. Ms. Watson pointed out that the NDOP had not provided compelling justification for the position.
Module E-720 recommended funding of $12,659 in FY2002, for the following new equipment:
The subcommittee should note that the one-shot allocation created as a result of the 1999 session had a current a balance of approximately $213,000 for equipment purchases. Ms. Watson indicated if the subcommittee wished to approve funding for the new equipment, it might consider extending the reversion date for $12,659 in one-shot funding beyond June 30, 2001, and allow the remaining balance to revert to the General Fund.
Continuing, Ms. Watson stated module E-905 recommended reducing appropriations by $56,398 in FY2002 and $59,064 in FY2003, to transfer a senior correctional officer position to the director’s office. That position functioned as the intake officer at HDSP, and the NDOP proposed to reclassify the position to a Program Officer I, because it was more program-oriented and did not actually supervise inmates. Ms. Watson indicated the transfer of the position to the director’s office would allow the supervision responsibilities to be assumed by Classification and Planning.
According to Ms. Watson, The Executive Budget did not provide for property and content insurance for HDSP; however, she had received some figures from the Budget Division and Risk Management, and the funding necessary for that insurance would be $73,695 in FY2002 and $75,450 in FY2003, for a total of $149,145 for the biennium.
Ms. Chowning stated it was regrettable that the insurance costs were omitted from The Executive Budget, and asked whether the amount would be sufficient. Ms. Watson reported that Risk Management had advised that the aforementioned amounts were sufficient for insurance costs.
Chairman Parks called for a motion regarding the modules; Mr. Marvel offered the following motion regarding module M-201, the new positions required to staff Unit 8 at HDSP:
MR. MARVEL MOVED TO APPROVE MODULE M-201, THE ELIMINATION OF 14 CORRECTIONAL OFFICER POSITIONS AT SDCC EFFECTIVE JANUARY 1, 2002, AND THE ADDITION OF 14 NEW CORRECTIONAL OFFICER POSITIONS TO STAFF UNIT 8 AT HDSP EFFECTIVE MAY 1, 2002.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
Gary Ghiggeri, Senate Fiscal Analyst, LCB, requested clarification regarding the utility portion of the budget, module M-100. Chairman Parks called for a motion.
MRS. CHOWNING MOVED TO APPROVE MODULE M-201, INFLATION, RELATING TO THE INCREASES IN FUEL OIL AT HDSP.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
The next module for subcommittee action was E-283, Working Environment and Wage, and Chairman Parks indicated he would accept a motion to approve the funding for the Equipment Mechanic III position.
SENATOR JACOBSEN MOVED TO APPROVE MODULE E‑283, FUNDING FOR AN EQUIPMENT MECHANIC III POSITION AT HDSP.
SENATOR O’DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
Module E-284, Working Environment and Wage, recommended funding for a Maintenance Repair Specialist II position at HDSP; Chairman Parks pointed out that staff did not feel there was a compelling need for the position, and called for a motion.
MRS. CHOWNING MOVED TO NOT APPROVE MODULE E‑284, REQUESTED FUNDING FOR A MAINTENANCE REPAIR SPECIALIST II POSITION AT HDSP.
SENATOR JACOBSEN SECONDED THE MOTION.
Senator O’Donnell noted it was true that any one of the existing 14 maintenance staff could supervise the inmate repair crews, however, questioned whether the issue was the funding for the position, and whether the subcommittee should consider elimination of one of the previously approved 14 positions in order to create the Maintenance Repair Specialist II position within that total. Ms. Watson reiterated that staff recommended the position not be approved, based on the justification provided by the NDOP, because there were 14 existing staff that could fulfill the responsibilities outlined for the requested position. Senator O’Donnell stated the issue seemed to be whether the manager position would deserve additional pay. Ms. Watson noted that the responsibilities outlined for the position by the NDOP were to simply monitor the inmate crews in the respective areas where they were working. The 14 existing staff, within each of their respective areas, would be capable of overseeing any and all inmate crews. According to Ms. Watson, that would be the supervisory capacity of the position, and she reiterated that the position was requested to oversee the work performed by inmate crews.
Darrel Rexwinkel, Chief of Fiscal Services, NDOP, stated two additional skilled craftspeople had been requested in the budget. The HDSP was a huge facility with an expected average population of over 2,000 inmates in FY2003, and capacity at 3,000. There were currently 14 skilled craftspeople on staff, along with the very necessary Equipment Mechanic III position for the auto shop just approved by the committee, and Mr. Rexwinkel explained that the requested Maintenance Repair Specialist II position was equally necessary. It was often difficult to “prove” that a position was needed, and Mr. Rexwinkel noted that the NDOP had anticipated requesting the reclassification of a correctional officer to a locksmith via the Interim Finance Committee (IFC), however, it was determined that the need at the HDSP for the correctional officer position would prevent the reclassification. Mr. Rexwinkel noted that after discussion with the warden at HDSP, along with the maintenance supervisor, it was found that there were over 5,000 locks within the facility, with no locksmith on staff. The proposal was that the requested Maintenance Repair Specialist II position would also act as the locksmith.
Mr. Ghiggeri commented that there had been a locksmith position in southern Nevada, however, that position was reclassified to a supervisory position, and the request currently before the subcommittee was to replace that locksmith. Chairman Parks called for a vote on the motion on the floor.
THE MOTION CARRIED BY THE ASSEMBLY AND FAILED BY THE SENATE. (Senator O’Donnell voted no on the motion and Senator Neal was not present for the vote; Mrs. de Braga was not present for the vote.)
Ms. Watson explained that module E-720 consisted of the new equipment request, and Chairman Parks indicated he would accept a motion.
MRS. CHOWNING MOVED TO APPROVE MODULE E-720, NEW EQUIPMENT, INCLUDING EXTENSION OF THE REVERSION DATE FOR $12,659 IN ONE-SHOT FUNDS BEYOND JUNE 30, 2001, WITH THE REMAINING BALANCE REVERTING TO THE GENERAL FUND.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal, Mrs. de Braga, and Mr. Perkins were not present for the vote.)
Chairman Parks indicated module E-905 requested the transfer of a senior correctional officer position to the director’s office, and reclassification of that position to a Program Officer I.
SENATOR JACOBSEN MOVED TO APPROVE MODULE E‑905, THE TRANSFER OF A SENIOR CORRECTIONAL OFFICER POSITION TO THE DIRECTOR’S OFFICE AND RECLASSIFICATION TO A PROGRAM OFFICER I.
SENATOR O’DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal, Mrs. de Braga, and Mr. Perkins were not present for the vote.)
According to Chairman Parks, the subcommittee should also consider the oversight for property and contents insurance for HDSP. Mr. Ghiggeri noted that staff would make no recommendation regarding the issue of insurance.
MRS. CHOWNING MOVED TO APPROVE AN ADJUSTMENT TO THE EXECUTIVE BUDGET FOR PROPERTY AND CONTENTS INSURANCE AT HDSP, ALONG WITH APPROVAL OF TECHNICAL ADJUSTMENTS.
SENATOR JACOBSEN SECONDED THE MOTION.
Senator O’Donnell noted that the subcommittee was moving to augment the HDSP budget from the General Fund in an amount of approximately $73,000, and he wondered whether the Budget Division had anticipated that additional funding. Obviously, there had been an error made in The Executive Budget by omitting the funding for the property and contents insurance for HDSP. Deborah Reed, Budget Analyst, Budget Division, concurred that omitting the funding for property and casualty insurance from the budget for HDSP had definitely been an oversight. Senator O’Donnell then asked how that oversight would be corrected, and did the Budget Division want the subcommittee to approve an additional approximately $150,000 for the budget over the biennium.
Mr. Ghiggeri explained to the subcommittee that LCB fiscal staff was looking for “nickels and dimes” in every budget account within the NDOP, which was the reason the aforementioned Maintenance Repair Specialist II position was not endorsed by staff. The effort to locate additional monies would “plug” the holes that had been uncovered in The Executive Budget and would fund additional items as approved by the subcommittee.
Chairman Parks asked whether there was existing property and contents insurance for the remaining NDOP facilities. Ms. Watson replied in the affirmative.
Senator O’Donnell noted that the funding would have to be found to “plug” the hole in the HDSP’s budget for the required insurance. Chairman Parks concurred, and felt elimination of that insurance would be inconsistent with other facility budgets. Senator O’Donnell agreed the insurance had to be approved, however, it was disheartening to find that an additional $150,000 would be required to “plug” the hole in the HDSP budget.
THE MOTION CARRIED. (Senator Neal, Mrs. de Braga, and Mr. Perkins were not present for the vote.)
HDSP BUDGET CLOSED WITH THE EXCEPTION OF MODULE E‑284, WHICH WAS PASSED BY THE ASSEMBLY ONLY.
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NORTHERN NEVADA CORRECTIONAL CENTER – BUDGET PAGE PRISONS-44
Ms. Watson stated that technical adjustments to the Northern Nevada Correctional Center (NNCC) budget resulted in an addition of General Fund appropriations in the amount of $52,991 in FY2002, $12,275 in FY2003. The increase was because of adjustments to the most recent population projections, to provide funding for bakery ingredients, and funding for a maintenance contract that was not included in The Executive Budget. Ms. Watson informed the subcommittee there were several decision units for review.
Module E-277 recommended funding of $43,038 for FY2002 and $45,675 in FY2003 for one Electronics Technician III, and Ms. Watson pointed out that the subcommittee should note that a contract to service locking systems in Unit 7 and Unit 8 was not included in The Executive Budget. The NDOP provided an estimate of $12,000 in FY2002 and $24,000 in FY2003. The reduction in the amount for FY2002 resulted because the warranty was still in effect for the locking system in Unit 7. The NDOP envisioned the new position could become certified within one year, and would be able to service the locking systems in lieu of a contractor. Ms. Watson indicated the NDOP had further indicated that if the Electronics Technician III position was approved, three existing contracts within the budget account for a total of $12,647 could be eliminated in FY2003. As previously stated, the NDOP indicated the contract to service the locking systems, which was not included in The Executive Budget, would not be necessary in FY2003 if the position was approved.
Ms. Watson pointed out that there were two options available to the subcommittee:
Chairman Parks inquired whether the request was for a position that would require $43,038 for FY2002 and $45,675 for FY2003 and, since that person would not be certified for one year to service the locking systems, the NDOP would be required to continue the contractor costs for FY2002. Ms. Watson replied in the affirmative, and noted that all contracts would be required in FY2002 in addition to $12,000 that was not funded in The Executive Budget for the locking system service contract.
Continuing, Ms. Watson stated that module E-710 recommended funding of $20,095 in FY2002 for replacement equipment:
According to Ms. Watson, staff eliminated funding for the food cutter, which was duplicated in a one-shot appropriation, S.B. 442, and pricing was adjusted for the radios. The adjusted funding for required equipment was $14,139.
Module E-900 recommended $203,809 in FY2002 and $230,593 in FY2003 to transfer five reclassified correctional officer positions, which were formerly vacant Forensic Specialist III positions, from the Medical Division, Budget Account 3706, to the NNCC budget, and assign them to the Regional Medical Facility (RMF). The rationale provided by the NDOP for that reclassification was that custody coverage would be better provided by correctional officers, rather than forensic specialists. Ms. Watson noted that staff did adjust $2,281 each fiscal year to provide for uniform allowance that was not included in The Executive Budget.
Ms. Watson stated module E-902 recommended the transfer of a senior correctional officer position, which functioned as the intake officer, to the director’s office. That position would be reclassified as a Program Officer I because the duties were more program-oriented and did not include actual supervision of inmates. The result of the transfer would be a reduction in appropriations of $62,105 in FY2002 and $64,826 in FY2003.
Chairman Parks reviewed the technical adjustments and informed the subcommittee that an additional General Fund appropriation would be needed over the biennium in the amount of $65,266, should those adjustments be approved.
MRS. CHOWNING MOVED TO APPROVE THE TECHNICAL ADJUSTMENTS.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
Chairman Parks recapped module E-277, which recommended funding for one Electronics Technician III position and, as explained by Ms. Watson, that position would eventually provide the maintenance for fire alarms, fire sprinkler systems, along with the heating and air conditioning maintenance, which would offset contract maintenance costs. It was noted that the additional cost of $12,000 would also be needed for the first-year service contract on the locking systems.
SENATOR JACOBSEN MOVED TO APPROVE MODULE E‑277, FUNDING FOR AN ELECTRONICS TECHNICIAN III POSITION, AND THE FUNDING FOR THE FIRST YEAR CONTRACT TO SERVICE THE LOCKING SYSTEMS, HOWEVER, NOT APPROVE THE SECOND YEAR FUNDING FOR THE LOCKING SYSTEMS CONTRACT.
MRS. CHOWNING SECONDED THE MOTION.
Senator O’Donnell inquired whether the subcommittee was moving to approve both the position and the service contract. Chairman Parks explained that the $12,000 for the locking systems service contract for the first year of the biennium was an oversight in The Executive Budget. Senator O’Donnell spoke to the contract, and inquired whether it was to ensure that the electronic locks worked over a one-year period. Chairman Parks explained the cost for the first year of the biennium would be $12,000 and the second year cost would be $24,000, which could be eliminated if the position was approved. Senator O’Donnell asked whether it would save money to contract the services rather than approve an additional position. Chairman Parks reiterated that if the position was approved, the $12,000 cost for the first year of the service contract on the locking systems would be required, however, it was anticipated that the new position could be certified within one year to provide the service for the locking systems in lieu of a contractor for the second year of the biennium. Ms. Watson inquired whether a reduction of $12,647 in FY2003 for the fire alarm, fire sprinkler, and heating/air conditioning maintenance contracts, which would no longer be necessary because of approval of the position, was included in the motion. With the subcommittee’s approval, Chairman Parks stated that stipulation would be included in the motion.
THE MOTION CARRIED BY THE ASSEMBLY AND FAILED BY THE SENATE. (Senator O’Donnell voted no on the motion and Senator Neal was not present for the vote.)
Continuing, Chairman Parks reviewed module E-710, which recommended funding for replacement equipment. Staff recommended elimination of the funding for one food cutter, because that cost was addressed in the one-shot appropriation (S.B. 442), and a further adjustment in the price for 13 portable radios. The adjusted funding requirement was $14,139.
SENATOR JACOBSEN MOVED TO APPROVE MODULE E‑710, INCLUDING ELIMINATION OF THE FUNDING FOR THE FOOD CUTTER, AND THE ADJUSTED PRICE FOR THE PORTABLE RADIOS.
MRS. CHOWNING SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
Module E-900 recommended $203,809 and $230,593 for FY2001-02 and FY2002-03 respectively, to transfer five newly reclassified correctional officer positions, along with increased funding of $2,281 each fiscal year for uniform allowance. Chairman Parks noted the request was for reclassification of five formerly vacant Forensic Specialist III positions from the Medical Division, and transfer to the RMF at the NNCC.
MR. MARVEL MOVED TO APPROVE MODULE E-900, THE TRANSFER OF FIVE CORRECTIONAL OFFICER POSITIONS FROM THE MEDICAL DIVISION TO THE RMF AT THE NNCC.
SENATOR O’DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
Chairman Parks next addressed module E-902, the transfer of one senior correctional officer position to the director’s office, with reclassification to a Program Officer I in the Classification and Planning section.
MR. MARVEL MOVED TO APPROVE MODULE E-902, THE TRANSFER OF A SENIOR CORRECTIONAL OFFICER TO THE DIRECTOR’S OFFICE.
MRS. CHOWNING SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
NNCC BUDGET CLOSED WITH THE EXCEPTION OF MODULE E‑277, WHICH WAS PASSED BY THE ASSEMBLY ONLY.
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SOUTHERN DESERT CORRECTIONAL CENTER – BUDGET PAGE PRISONS-58
Ms. Watson indicated that technical adjustments resulted in a General Fund savings of $102,246 in FY2002 and $85,417 in FY2003, for adjusting bakery and RAD costs, eliminating one-time costs in operating and maintenance, adjusting for current contract costs, and eliminating inmate drivens erroneously transferred from the ISCC.
Commencing with an explanation of decision units, Ms. Watson explained that module E-275 recommended funding of $30,250 in FY2002 and $42,516 in FY2003 for one Maintenance Repair Specialist I. The SDCC currently had ten skilled crafts positions and the NDOP indicated they needed a certified welder to make repairs on stainless steel culinary equipment and high-pressure equipment. Ms. Watson stated the NDOP further indicated it had used inmates who were certified welders in the past, however, the SDCC currently did not have any certified welders in its inmate population.
Ms. Watson noted that module E–276 recommended a General Fund reduction of $421,993 in FY2002 and $279,660 in FY2003. The module would establish a Therapeutic Community Program in southern Nevada. Additional funding included in the module was a transfer of $276,104 in FY2002 and $220,000 in FY2003 from the Residential Substance Abuse Treatment (RSAT) grant. Ms. Watson conveyed that by funding the program, The Executive Budget recommended eliminating 13 existing correctional officer positions, and creating 11 new positions to administer the program. The new positions would consist of:
Unlike the therapeutic program in northern Nevada, the cash match for the southern Nevada program was recommended for funding via a General Fund appropriation. Ms. Watson advised that staff recommended the subcommittee consider utilizing the Inmate Welfare Fund (IWF) to fund the cash match, which would be $92,035 in FY2002 and $73,334 in FY2003. The IWF reserve appeared to have sufficient balances to fund the cash match for the therapeutic program in southern Nevada. As a side note, Ms. Watson stated the subcommittee should be aware that after the upcoming biennium, the ongoing costs to the General Fund for the southern program would be approximately $420,000 per year, unless grant funding was increased.
Module E-277 recommended a General Fund appropriation of $220,937 in FY2002 for one-time start-up costs for the Youthful Offender Program. Ms. Watson explained that the program had actually been established and was operational in December 2000. The recommended funding would cover operating costs, equipment, remodeling, landscaping, and maintenance costs for Unit 7, computer equipment and data processing supplies, and staff training and supplies.
Ms. Watson explained that module E-710 recommended funding for replacement equipment in the amount of $16,967 in FY2002 for 11 portable radios and 1 gas cart.
Module E-903 recommended transferring the Boot Camp from the ISCC to the SDCC. Ms. Watson noted that the subcommittee already approved the Boot Camp transfer on April 24, 2001, when the ISCC budget was closed. As previously discussed in review of the HDSP budget, Ms. Watson pointed out that 14 correctional officer positions were added to HDSP effective May 2002, and the proposal was to eliminate 14 positions from the SDCC budget effective January 1, 2002, which would result in a savings of approximately $208,000.
Chairman Parks recapped the technical adjustments, and indicated he would accept a motion.
MRS. CHOWNING MOVED TO APPROVE THE TECHNICAL ADJUSTMENTS.
SENATOR O’DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
Module E-275 recommended funding of approximately $72,000 over the biennium for one Maintenance Repair Specialist I, and Chairman Parks inquired whether it would be possible to locate a certified welder from within the current workforce or inmate population at SDCC. Mr. Rexwinkel assured the subcommittee that there were no certified inmate welders at SDCC when the budget analysis was completed, and he did not feel it was appropriate to staff a program on the basis that there might be an inmate available with the necessary technical skills. Mr. Rexwinkel pointed out that the SDCC facility was at the point where it required a great deal of maintenance work, and there were ten current skilled crafts positions on staff, which was less than the other facilities.
SENATOR JACOBSEN MOVED TO APPROVE MODULE E-275, WHICH RECOMMENDED FUNDING FOR A MAINTENANCE REPAIR SPECIALIST I.
MRS. CHOWNING SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal and Mr. Beers were not present for the vote).
Chairman Parks called for a motion regarding module E-276, the Therapeutic Community Program, including the decision to utilize either General Fund monies, or appropriate the matching funds from the IWF, as was the procedure for the program in northern Nevada.
MRS. CHOWNING MOVED TO APPROVE MODULE E-276, WITH THE RECOMMENDATION THAT THE CASH MATCH BE FUNDED WITH A TRANSFER FROM THE IWF.
SENATOR O’DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal and Mr. Beers were not present for the vote.)
The next item for subcommittee consideration was module E-277, which recommended a General Fund appropriation for one-time start-up costs for the Youthful Offender Program, and Chairman Parks indicated he would accept a motion.
MRS. CHOWNING MOVED TO APPROVE MODULE E-277, ONE‑TIME START-UP FUNDING FOR THE YOUTHFUL OFFENDER PROGRAM.
SENATOR JACOBSEN SECONDED THE MOTION.
Chairman Parks inquired why there was a need for start-up costs, since the program was already established. Mr. Rexwinkel testified that SDCC was in a transition phase and, even though the program was up and running, additional equipment and supplies were needed; the entire infrastructure was not yet in place for the program. Glen Whorton, Chief, Classification/Planning, NDOP, explained that, while the program had been established, it had not been capitalized. One of the first orders from Ms. Crawford, after she assumed the duties of director of the NDOP, was to establish the Youthful Offender Program in an effort to protect those individuals and ensure they were supervised appropriately. Mr. Whorton stated that had been accomplished, and youthful offenders were being supervised within the NDOP. He noted the requested funding would capitalize the program in order to provide the inmates with the tools necessary to make a reasonable adjustment upon reentry into the community or, in the instance of those inmates who were long-term offenders, to adjust appropriately to the NDOP population. According to Mr. Whorton, youthful offenders had special needs that were different from the conventional inmate population based upon their youth, their impulsivity, level of learning, et cetera, and the NDOP wanted to provide them with a program specific to those needs. Mr. Whorton indicated that the program was somewhat different, mainly because of the population, which required a different type of supervision. Mr. Whorton reiterated that the program had been established, and the NDOP needed more resources in order to provide the youthful offender with a chance to develop and return to the community without suffering further damage.
Chairman Parks called for a vote on the motion on the floor.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
Module E-710 referenced funding for replacement equipment, and Chairman Parks indicated he would accept a motion.
SENATOR O’DONNELL MOVED TO APPROVE MODULE E-710, FUNDING FOR REPLACEMENT EQUIPMENT.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
Module E-903 recommended transfer of the Boot Camp to SDCC from ISCC; Chairman Parks asked for a motion.
SENATOR O’DONNELL MOVED TO APPROVE MODULE E-903, WHICH RECOMMENDED TRANSFER OF THE BOOT CAMP TO SDCC.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
SDCC BUDGET CLOSED.
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ELY STATE PRISON – BUDGET PAGE PRISONS-067
Ms. Watson indicated that staff had reduced the General Fund appropriation by $38,349 in FY2002 and $22,273 in FY2003, due to adjusted funding for inmate drivens based on the newest projections, elimination of one-time costs, and adjustments for ongoing costs at Ely State Prison (ESP).
Ms. Watson next addressed the decision units in the budget, and explained that the projected costs for energy inflation in module M-100 had been provided for informational purposes only. Module E-710 recommended funding of $8,895 in FY2002 for 14 Light Duty Protective Vests, and 5 Correctional Response and Transport Protective Vests. Ms. Watson pointed out that the subcommittee should be aware that the NDOP had applied for a grant from the Justice Department, Bureau of Justice Assistance, for bulletproof vests, and that program would provide up to one-half the cost for those vests. Unfortunately, stated Ms. Watson, the NDOP would not be notified whether it had received a grant award until after session. Ms. Watson indicated staff would recommend that the subcommittee issue a Letter of Intent requiring the NDOP to transfer the remaining balance of the General Fund appropriation for vests to reserve for reversion, should grant funding be received.
SENATOR JACOBSEN MOVED TO CLOSE THE BUDGET, INCLUDING TECHNICAL ADJUSTMENTS, AND APPROVAL OF MODULE E-710, WITH ISSUANCE OF A LETTER OF INTENT TO THE NDOP TO TRANSFER THE REMAINING BALANCE OF GENERAL FUND APPROPRIATIONS FOR VESTS TO RESERVE FOR REVERSION IF GRANT FUNDING WAS RECEIVED.
MRS. CHOWNING SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
BUDGET CLOSED.
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LOVELOCK CORRECTIONAL CENTER – BUDGET PAGE PRISONS-081
Ms. Watson reported that staff technical adjustments increased General Fund appropriations by $90,201 in FY2002 and $18,101 in FY2003. The increase was the result of adjusting module M-200, based on the most recent population projections.
Ms. Watson explained the decision units as follows:
Module M-100, Inflation: The module referenced the projected energy inflationary increases, and was provided for informational purposes only.
Module M-200, Demographics/Caseload Changes: Ms. Watson explained that the Lovelock Correctional Center (LCC) was expected to operate 210 beds above emergency capacity effective November 2001 through the end of the biennium. That was similar to the situation which had occurred during the 1999 session, when a Correctional Caseworker Specialist I position was approved for the time period that the facility was projected to operate above emergency capacity during the 1999-01 biennium. According to Ms. Watson, staff had added a correctional caseworker specialist position to the budget, because a modification had been received from the Budget Division which requested such action. Funding for the position would begin in October 2001, which would allow for one month of training, and the cost would be $33,884 in FY2002 and $48,342 in FY2003. Ms. Watson advised the position would sunset effective June 20, 2003.
Module E-710, Replacement Equipment and Module E-720, New Equipment: Ms. Watson noted that replacement equipment would consist of funding in the amount of $7,846 in FY2002 and $4,446 in FY2003 for a culinary ice machine and 12 portable radios. The new equipment would require funding of $3,890 in FY2002 for ballistic vests and ballistic helmets. The request was similar to the request contained in the ESP budget concerning the grant request by the NDOP to the Justice Department, which would provide up to one-half of the costs of the vests. Ms. Watson reiterated that staff would recommend the subcommittee issue a Letter of Intent requiring the NDOP to transfer the remaining balance of General Fund appropriations for the vests to reserve for reversion if grant funding was received.
Ms. Watson noted that the subcommittee had requested that staff determine the cost to add a chaplain position to the budget, and the cost would be $33,735 in FY2002 and $48,193 in FY2003.
Chairman Parks reviewed the technical adjustments and called for a motion from the subcommittee.
MRS. CHOWNING MOVED TO APPROVE TECHNICAL ADJUSTMENTS.
SENATOR O’DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
Module M-200 was the request for one Correctional Caseworker Specialist I, which would sunset effective June 30, 2003; Chairman Parks indicated he would accept a motion, keeping in mind that module M-100 was for informational purposes only.
MRS. CHOWNING MOVED TO APPROVE MODULES M‑200, E‑710, AND E-720, WITH ISSUANCE OF A LETTER OF INTENT TO THE NDOP TO TRANSFER THE REMAINING BALANCE OF GENERAL FUND APPROPRIATIONS FOR VESTS TO RESERVE FOR REVERSION IF GRANT FUNDING WAS RECEIVED.
MRS. de BRAGA SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
Mrs. Chowning addressed the request for a chaplain position, and noted it would be an addition of General Fund dollars in the amount of $81,928 over the biennium, and she asked who had requested the position and why the subcommittee should approve it at the present time. Senator O’Donnell stated that during budget overviews in the first two weeks of session, he had brought up the issue of a chaplain for LCC. There was a gentleman in Lovelock who was willing to perform the duties, however, there had been no position available for him. Senator O’Donnell stated the problem facing the chaplains in northern Nevada was the distance required to travel from Ely to Lovelock to Carson City, and back, et cetera, which made for a time-consuming trek, if nothing else. He reiterated that there was a gentleman willing to perform the duties of chaplain for a nominal fee, and there had been many benefits received by the NDOP from its chaplains, i.e., a calming effect in the institutions, security issues alleviated, et cetera. Senator O’Donnell felt the chaplain did support and facilitate a very calming effect in the prison system, and he had requested that the director provide information regarding the cost of a chaplain at LCC, which appeared to be $81,928 over the biennium. The subcommittee had approved many positions within the NDOP’s budget, and Senator O’Donnell felt that a chaplain would be more beneficial to the inmates than any other position.
SENATOR O’DONNELL MOVED TO APPROVE THE POSITION OF CHAPLAIN AT LCC.
SENATOR JACOBSEN SECONDED THE MOTION.
Mrs. Chowning inquired whether the salary would be the same as the other chaplain positions within the NDOP, and was there a chaplain at every other institution. Ms. Watson explained that the salary would be the same, based on the class code for the position of chaplain, and the three existing chaplains within the NDOP maintained the same class code and salary. There were three existing chaplain positions, one physically located at NNCC, who traveled to other institutions, one located at HDSP who also traveled, and a third position was located at ESP.
Chairman Parks noted that the various religious denominations had historically provided services to the prison system, and inquired whether that practice was still in effect. Senator O’Donnell noted that the chaplains did facilitate the different religious festivities and holy days throughout the year and, in fact, many of the chaplains provided assistance to all religious groups, i.e., Catholic, Jewish, and the Native American religious groups, et cetera. Chairman Parks noted that one of his relatives was an ordained priest and worked almost exclusively in the correctional setting, which had been the basis for his question. Ms. Crawford explained that the chaplain positions were essential to the prison system, not only for the calming effect but, more importantly, because of the multitude of religious faiths among the prison population; it was the job of the chaplain to help coordinate the various religious activities. When there was no chaplain at an institution, it was left up to staff to coordinate the religious activities. Ms. Crawford reported that the chaplain from NNCC had traveled to LCC, after the aforementioned training accident, to assist with spiritual counseling. While there were between 60 and 70 volunteers, Ms. Crawford explained that religious functions had to be coordinated, and the chaplain was the most appropriate person to provide that coordination.
Chairman Parks called for a vote on the motion before the subcommittee.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
LCC BUDGET CLOSED.
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PAROLE BOARD – BUDGET PAGE PS-177
Chairman Parks recapped the Parole Board budget presentation, which had previously been approved by the Assembly, and called for a motion from the Senate.
SENATOR JACOBSEN MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY STAFF, AND AS CLOSED BY THE ASSEMBLY.
SENATOR O’DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Neal was not present for the vote.)
BUDGET CLOSED BY THE SENATE.
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Chairman Parks indicated the subcommittee would commence with review of the Department of Motor Vehicles and Public Safety (DMV&PS) budget accounts.
DMV, FIELD SERVICES – BUDGET PAGE DMV-13
Mark Krmpotic, Program Analyst, LCB, stated the Field Services Division provided direct customer services for drivers, vehicle owners and operators. The division was responsible for assuring only safe, knowledgeable drivers received and maintained the privilege to drive on Nevada highways. In addition, the division registered vehicles, issued ownership titles, and collected taxes and fees associated with the ownership and operation of vehicles. Technical adjustments in the budget resulted in an increase in Highway Funds of $37,037 in FY2002 and $5,005 in FY2003.
Referencing decision items, Mr. Krmpotic advised that The Executive Budget recommended the continuation of 48 positions added by the Interim Finance Committee (IFC) in February 2000 in module E-275, at a cost of $1.8 million in FY2002 and $1.9 million in FY2003. At the February 2000 IFC meeting, the DMV had supported its request by presenting a calculation that estimated the amount of time available by a DMV services technician to perform services at the counter. Mr. Krmpotic indicated that such factors as ten days of training per year, including four days of change management training, lunch and coffee breaks, and a 10 percent non-productivity factor, were taken into consideration when calculating the number of available hours. The DMV used the available hours per technician to determine the number of additional staff required to cover 85 percent of the windows at the major metropolitan offices in Reno and Las Vegas, along with the Fallon office. The DMV further assumed that 5 percent of the positions would be vacant and unable to staff 85 percent of the windows. According to Mr. Krmpotic, to ensure full staff coverage, the department increased the factor for window coverage to 90 percent.
Mr. Krmpotic pointed out that a portion of the information used to calculate the number of needed technicians had changed. Examples included the elimination of change management training, since that was a one-time expense funded by the 1999 legislature within the Project Genesis one-shot appropriation. The DMV had presented information to staff which indicated the vacancy rate for the major metropolitan offices totaled a combined 6 percent. Mr. Krmpotic stated that based on information received from the DMV and tracked by staff, it appeared the vacancy level was less than 6 percent. Mr. Krmpotic indicated that information regarding vacancy levels for window technicians at major metropolitan DMV offices had not been updated for several months. Based on that, he could not attest to recent trends for vacancies in the major field offices without further updating information provided by the DMV. According to Mr. Krmpotic, the agency had calculated its staffing formula based on the elimination of change management training in FY2002-03, which revealed a window coverage level of 87 percent.
Mr. Krmpotic further noted that at the closing hearing on April 19, 2001, the subcommittee requested that the DMV provide information regarding the number of staff that would be necessary in order to reduce field office wait times to the level experienced following the addition of staff by the 1995 legislature. The DMV provided information pursuant to that request, as contained in Exhibit C. Because of the time spent completing budget closings, Mr. Krmpotic explained he had not had an opportunity to review the information contained in the exhibit for accuracy and rationale and, therefore, could not provide a recommendation to the subcommittee. The subcommittee might solicit testimony from the DMV regarding the details of the information contained in Exhibit C.
Senator O’Donnell felt it would behoove the subcommittee to hear testimony from Virginia (Ginny) Lewis, Deputy Director, Motor Vehicles, Department of Motor Vehicles and Public Safety, regarding what relief the additional number of employees would provide for the public regarding the wait time for services. Chairman Parks concurred, and invited Ms. Lewis to address the subcommittee.
Ms. Lewis explained that Senator O’Donnell had asked what action would be necessary to staff the DMV’s metropolitan offices at a level that would be comparable to the 1995 level. The first page of Exhibit C contained a Memorandum which explained that a 15-minute wait time was not realistic, and the documentation contained in the exhibit proposed a goal of an average 30-minute customer wait time. According to Ms. Lewis, the DMV would accomplish that goal by extending the hours of operation to 12 hours per day, which would better utilize the DMV’s facilities. Ms. Lewis felt a review of facility use should be conducted prior to building new facilities to address the growth in Nevada. The DMV felt that by returning to 12-hour days, continuing Saturday service, and increasing the staffing level to 100 percent would make it possible to attain the goal of a 30-minute customer wait time. According to Ms. Lewis, the DMV had been staffed at 85 percent, which would not meet the demands for services which the department was experiencing. The department had initiated many changes in the field in order to provide better and more consistent coverage, however, it was still struggling with the one-hour customer wait time. Ms. Lewis conveyed that there were days when that time frame was complied with, but there were also days where customers were required to wait one and one-half to two hours for service. Ms. Lewis noted that the DMV could not control the influx of customers to its offices, and the exhibit represented a staffing level of 100 percent, which would allow the DMV more flexibility in dealing with customer service.
Senator O’Donnell noted that the service provided by the DMV in 1995 had been wonderful, and came about because of action by the legislature. That action allowed people to walk into a DMV office and be served within 10 to 15 minutes. During the 1999 session, Senator O’Donnell noted that many positions had been cut from the DMV budget, however, the Governor had been keen on the DMV and supported its endeavors fully by adding positions over the interim. Senator O’Donnell felt the legislature should support the Governor’s efforts to ensure that the DMV functioned properly during the upcoming biennium. According to Senator O’Donnell, legislators could not in good faith leave session without first taking supportive action for the DMV. It would be difficult for legislators to face their constituents without addressing the problems within the DMV. The funding would be realized from the Highway Fund, and the impact to that fund would amount to approximately $6 million. Senator O’Donnell noted that greater efficiency by the DMV, along with the Highway Fund allocation, should solve the problem.
Chairman Parks requested clarification regarding the $6 million allocation, asking whether that was for each year of the biennium, or for both years. Ms. Lewis explained that additional staff positions were contained in the proposal (Exhibit C), i.e., team leaders, and administrative services, et cetera, and the overall staffing and associated costs would be $4.6 million in the first year of the biennium, and $4.9 million in the second year.
Mrs. Chowning inquired whether the $4.6 million and $4.9 million would be additional funding, above and beyond the amount requested for the continuation of the aforementioned 48 positions. Ms. Lewis replied in the affirmative.
Chairman Parks recessed the meeting at 10:02 a.m., and due to time constraints, called the meeting back to order and adjourned the hearing at 10:47 a.m.
RESPECTFULLY SUBMITTED:
Carol Thomsen
Committee Secretary
APPROVED BY:
Assemblyman David Parks, Chairman
DATE: