MINUTES OF THE meeting
of the
ASSEMBLY ways and means/senate finance
joint Subcommittee on
public safety/natural resources/transportation
Seventy-First Session
May 8, 2001
The Joint Subcommittee on Public Safety/Natural Resources/Transportationwas called to order at 8:15 a.m. on Tuesday, May 8, 2001. Chairman Lawrence E. Jacobsen 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, Chairman
Senator William O’Donnell
ASSEMBLY COMMITTEE MEMBERS ABSENT:
None
SENATE COMMITTEE MEMBERS ABSENT:
Senator Joseph Neal, Jr. (Excused)
STAFF MEMBERS PRESENT:
Gary Ghiggeri, Fiscal Analyst
Mark Stevens, Fiscal Analyst
Michael Chapman, Program Analyst
Mark Krmpotic, Program Analyst
Jim Rodriguez, Program Analyst
Andrea Carothers, Committee Secretary
Linda Smith, Committee Secretary
BUDGET CLOSINGS
TRANSPORTATION ADMINISTRATION – BUDGET PAGE NDOT-1
Jim Rodriguez, Program Analyst, stated that staff had made technical adjustments to the budget. The technical adjustment in decision unit M-200 was that the department had requested $45,516 in FY2003 to cover the rental costs associated with the new Highway Patrol building in Las Vegas. Building and Grounds had indicated that the new building would not be ready for occupancy in FY2003, so the funding was being adjusted out of the department’s budget.
The second technical adjustment in decision unit M-302 dealt with the department’s request for a 10 percent salary increase to deal with salary disparity issues. The department had submitted supplemental information that indicated four positions were not qualified for the salary adjustment. Funding in the amount of $36,033 in FY2002 and $37,933 in FY2003 would be removed from the budget.
Decision unit M-630 had two components for technical adjustments. The first dealt with the department’s para-transit vehicle and transportation program. The department had indicated it would receive federal and state funding for the program. The federal funding had been identified, but the state matching funding had not been solidified. Initially the department indicated that the Aging Services Division, Welfare Division, and Vocational Rehabilitation would be participating in the program, but that funding had not materialized. The department was requesting to defer the program and pull it from the budget until state matching funds were facilitated, at which point the department would appear before the Interim Finance Committee (IFC) to request that the program be re-implemented. The second component of the decision unit dealt with the department’s bike path planning effort. The funding was being adjusted to reflect funding from the Department of Motor Vehicles, and the adjustment was increased by $10,817 in FY2002 and $13,071 in FY2003.
An adjustment was also made to the department’s request for replacement equipment to the mobile fleet in decision unit E-710. Through discussions with the department, staff had identified $139,517 in FY2002 and $160,677 in FY2003 for equipment cost reductions, and the department concurred with the equipment cost reductions.
Staff had also identified cost savings in decision unit E-720, the department’s request for new equipment, in the amount of $445,457 in FY2002.
Staff had made PC cost reductions based on the new positions the department was requesting. The department also had a PC component which was a lump sum average for the department’s expenditures. Staff would continue to examine that portion of the department’s request and desired the authority to make technical adjustments in that area of the department’s budget.
The Chair recognized Tom Stephens, Director, Department of Transportation, and asked for comment on the new building in Las Vegas. Mr. Stephens stated that the issue with the new building in Las Vegas was trying to find a suitable site. An extensive site search had been completed, and the site decided upon was south of the main metropolitan area near Decater Avenue. Mr. Stephens stated the division was satisfied with the site. A trade had been planned with the Airport Authority for the site, but appraisals problems had arisen between the Airport Authority property and the department’s property. A trade had been worked out between the two departments. Once the trade was completed a new Highway Patrol headquarters and FAST system could be built. Mr. Stephens said that there was a meeting on May 8 with the architects
Senator Jacobsen asked for justification on the engineering positions found in decision unit M-302. Mr. Stephens stated that the engineering positions were the core of the department’s business. The department was requesting a 10 percent salary increase because of the large turnover in the positions. Mr. Stephens stated it was a business decision, because if high quality engineers were lost, the department would lose the ability to design in-house and the ability to supervise out-of-house design projects. There had previously been a question asked about vacancy rates, and Mr. Stephens noted that traditionally the positions were filled, but in the roadway design division in the previous year 77 of the 111 positions turned over. Mr. Stephens reiterated that the engineers were the core of the department’s business, and stated that there were Highway Fund dollars to pay for the salary increase. The department’s budget had doubled over the previous years, and the number of staff had remained the same. In order to recruit and retain high quality employees the salary increase was needed. This increase was separate from the overall state employee salary increase. He stated that engineers were the area where the department was experiencing the highest level of turnover.
Bob Gagnier, Executive Director, State of Nevada Employees Association, spoke in favor of decision unit M-302. He said that in the Nevada Employers section of the salary survey that had been conducted in the previous year, by the Department of Personnel, Administrator II Registered Professional Engineers at the top of the pay scale were 32 percent behind, at the mid-point 24.5 percent behind. Staff III Registered Professional Engineers were 47 percent behind at the top, and 35 percent behind at the mid-point. Mr. Gagnier said that one item that was disheartening within the Department of Transportation was that there were engineers that would resign on a Friday and return to work on Monday as a consultant for the department making a considerably increased salary. Mr. Gagnier reiterated his support for the salary increases in the budget. He noted that there were other employees in need of salary increases, but hoped that that would not serve as justification for removing the engineers’ salary increase. Mr. Gagnier commented that the increase was closer to 9 percent than to 10 percent.
Jerry Ross, Budget Division, Department of Transportation, explained that at the time the budget had been developed the department had been uncertain as to whether the federal funding and matching funding, found in decision unit M‑630, would be rewarded. The department had requested that the amount in the budget be removed until the department had a clear picture of the program. The department had recently received notification from the Federal Transit Administration (FTA) that they would be receiving $1.5 million for the program. Mr. Ross stated the division was working with the Vocational Rehabilitation and Welfare Divisions to establish agreements for the matching funding. The funding from the agencies would be federal funding, and there would be no General Fund money in the program. Mr. Ross noted the department was working with private developers, Fernley Industrial Park and Wade Industrial Park, which had indicated a desire to participate in the program with private funds if bus services were extended to the industrial parks. The department planned to appear before the IFC in FY2002 to implement the program once all agreements had been reached.
Mr. Ross indicated that the department agreed with the technical recommendations of the fiscal staff for decision units E-710 and E-720.
Mr. Rodriguez stated that the first closing issue in decision unit M-100 had to do with the department’s request for an inflation adjustment to several operating cost categories. The department had been in contact with Sierra Pacific Power Company and Southwest Gas Corporation to glean an idea about future costs of gas and electric utilities. Both companies had indicated that costs would be increased significantly more than what was already recommended as an inflation adjustment in The Executive Budget. Based on those conversations Sierra Pacific Power Company had indicated that the rates would increase 32 percent in the coming months. Southwest Gas had indicated that rates would increase 46 percent. Mr. Rodriguez stated those adjustments were not reflected in The Executive Budget. If the subcommittee wished to fund the increase to cover anticipated rate increases, the electric utilities adjustment would be $223,781 in FY2002 and a decrease of $31,008 in FY2003. The gas adjustments would require an increase of $88,688 in FY2002 and $61,408 in FY2003. In addition to those adjustments, there had been no M-100 inflation adjustment made to the department’s oil and propane expenditures. The department indicated that the cost for those resources would increase by 25 percent over the biennium. If the subcommittee approved the adjustment, the budget would need to be adjusted by $32,297 in each year of the biennium for propane, and $10,262 in each year of the biennium for oil. The subcommittee needed to decide whether to add the additional funding for the inflation, or to leave the funding that was in The Executive Budget. Mr. Rodriguez noted that the department did have the authority to appear before the IFC to request additional funding if the rate increases occurred.
Decision unit M-200 contained several components. The major component was the request for an additional 24 new positions. The funding required for the positions and the associated equipment would be $2,172,279 over the biennium. Included in that amount was the $1,505,567 in additional funding for equipment. The second piece of the decision unit dealt with the department’s bond request. During the interim the IFC authorized the sale of bonds in the amount of $100,000,000 to fund super projects. In total, the department was planning on issuing a total of $657.6 million in bonds by the end of the following biennium. The decision unit requested an additional $323,310,000 during the biennium. Mr. Rodriguez noted that at the peak bond maintenance payment period, in FY2007, the department would be paying $84.2 million in bond maintenance payments alone. This represented 13.4 percent of the department’s projected expenditures during that period in time. Mr. Rodriguez stated that without the funding the continuation of the super projects would likely not be possible.
Decision unit M-302 had been addressed by Mr. Stephens, and Mr. Rodriguez noted that in combination with the cost of living increase and the decision unit, the total increase in salaries requested would be between 19 and 25 percent over the biennium.
Mr. Rodriguez commented that decision unit E-710 was the department’s request for replacement equipment, and decision unit E-720 was the department’s request for new equipment. Staff noted that both decision units were reflective of the average expenditures for the department over the past four years.
Decision unit E-730 requested $4,940,000 in FY2002 and $6,310,000 in FY2003 to fund the department’s building and facility improvements. In FY2002 the department was proposing to spend $2.62 million for building maintenance and new construction in Districts II (Reno) and III (Elko); $487,000 was also being proposed to be spent to renovate the department’s headquarters in Carson City. In FY2003 the department was proposing to spend $4.8 million in maintenance and construction, $2.76 million for a new maintenance station in Las Vegas, and $2.09 million for a new maintenance station in Eureka.
Senator Jacobsen asked for comment on the Carson Bypass and the I-95 project. Mr. Stephens stated there were six super projects, the widening of U.S. 95, the widening of I-15 between Las Vegas and the state line, the Boulder City Bypass, Hoover Dam Bridge, the Carson City Bypass, and the completion of the freeway from Reno to Carson City. All the projects were moving on the appropriate schedule, taking into account right-of-way issues, environmental issues, and physical issues. The bonding was predicated on all projects abiding by the schedules.
Mr. Parks asked if there was foreseen difficulty in meeting the time line for repayment of the bonds and interest accrued. Mr. Stephens stated that the department had completed a ten-year plan, and based on the plan the department could handle the bonding capability. He reiterated the fact that the bonding would be approximately 13 percent of the division’s budget. Mr. Stephens also noted that projecting ten years in the future was a “crystal balling type game” and the plan was updated every year. The department would not sell bonds, and go into debt if it would have a crippling effect on the future. The Transportation Board had to pass judgment each time the department requested a bond, stated Mr. Stephens. The projection would be completed again during the summer, and that would dictate the size of the bonding request. One had been completed in the previous year and the assumptions for the projection today would be slightly different. Future revenue, the federal funding, and state gas tax collections would be taken into consideration. Mr. Stephens stated that the division was responsible to ensure that there would be available revenue to sell the bonds, and bonds would not be sold in an irresponsible manner because the department had been given the authority. He assured the subcommittee that the Transportation Board was as curious about this matter as the subcommittee was, and wanted to be assured that the department would not be in jeopardy when bonds were approved.
Mr. Parks stated that the budget contained adjustments for the engineering positions, and noted that the department had additional salary disparities. He asked if there was an effort to address the other salary disparities. Mr. Stephens stated the basis of the salary increase for the engineers was based on a survey of local governments and had been upheld by the state salary survey. There was a large body of information that supported the disparity of salaries for the engineers. Mr. Stephens explained that the department was not experiencing any excessive loss of other positions, but the department was having a problem retaining engineers. He noted that a new engineer could not be trained in six months, and reiterated that out of 111 positions in the Road Way Design Division, of which not all were engineering positions, there had been turnover in 77 of the positions. Production was reduced because the department needed to train employees. Mr. Stephens said that the Chief of Road Way Design retired early, and the company that hired him purchased his state retirement to 30 years, and gave him an office across from the department. He explained that there was an increase in consulting firms in the Carson City area and reiterated that the engineering positions were where the department was hurting.
Mrs. Vonne Chowning stated that the engineers were not as appreciated in the state offices as they were in the consulting office. She noted that there was a money savings from projects that could be completed in-house because of proper staffing. She reiterated her appreciation for the engineers, and said that when good work was completed it needed to be given credit. Mrs. Chowning commented on the large amount of work that had been done during the interim.
She asked to have the department remember sound walls when designing projects.
Mr. John Marvel asked if the high price of fuel would have a negative impact on the gas tax revenues. Mr. Stephens stated in preliminary views the gas tax revenue had not risen as high as was expected. This would be reflected in the projections completed in the summer. The federal gas tax revenues had a $30 billion dollar reserve, and had a $30 billion per year program, so if there was a shortfall in the federal program it could be made up.
MR. PARKS MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY STAFF, WITH TECHNICAL ADJUSTMENTS, AND AUTHORITY FOR STAFF TO MAKE ADDITIONAL TECHNICAL ADJUSTMENTS AS NEEDED.
MR. MARVEL SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Senator Neal was absent for the vote.)
BUDGET CLOSED
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PUBLIC SAFETY, FIRE MARSHAL – BUDGET PAGE PS-158
The Chair recognized Mark Krmpotic, Program Analyst. Mr. Krmpotic said the budget enforced all laws and adopted regulations related to the prevention of fire, the storage and use of combustibles, flammables and fireworks, the storage and use of explosives in any commercial construction, safety, access, means and adequacy of exit in case of fire from various public facilities, and the suppression and punishment of arson and fraudulent claims. S.B. 141, which would direct the Legislative Commission to conduct an interim study concerning the State Fire Marshal Division of Department of Motor Vehicles and Public Safety, was recently amended by the Senate Committee on Senate Finance. The bill called for a comprehensive assessment of the following:
S.B. 141 had been referred to the Senate Committee on Legislative Affairs and Operations.
Mr. Krmpotic noted that the budget contained General Fund appropriations each year of the biennium of $1,000 to provide the Fire Marshal Budget access to the IFC Contingency Fund. Staff noted that with the technical adjustments, the reserve was projected to be $379,406 by the end of the biennium. The subcommittee might wish to consider elimination of General Funds from the budget account.
An issue was raised by staff regarding a new plans review position that had been vacant since June 6, 2000. The agency had indicated that it was prudent to leave the position vacant until the legislature made a decision regarding funding in the State Fire Marshal’s office. They further indicated that a Deputy State Fire Marshal had been used to complete the plans review part-time to maintain the 30-day turnaround. The agency had indicated that they did need the plans review position to review larger and more complex plans. Mr. Krmpotic said the decision before the subcommittee was whether to continue funding the vacant position.
Decision unit E-275 recommended the issuance of new uniforms and protective gear for the Fire Marshal, Assistant State Fire Marshal, and Deputy State Fire Marshals. In response to questions from staff, the Fire Marshal had not established a written policy that required staff to wear uniforms. The agency indicated that staff had taken the initiative to be identifiable to the public and purchased shirts and jackets on their own. Further, the agency indicated that Class A uniforms were purchased eight years ago through a one-time purchase. Mr. Krmpotic stated that the Governor recommended an ongoing uniform allowance for the State Fire Marshal and Deputy State Fire Marshal positions, which had been included in the adjusted base budget. If the subcommittee would approve the recommendation, they might wish to do so by eliminating the replacement uniform allowance in the adjusted base in the FY2002, totaling $4,257, since staff would be funded for new uniforms in the first year of the biennium.
Decision unit E-806 recommended an unclassified salary increase for the State Fire Marshal to address a compaction problem in the budget. Staff sought the authority to make changes to decision unit E-806 based on the final approval of the unclassified pay bill by the legislature.
Staff sought approval to make changes to decision units E-800, E-801, and E‑984 based on final approval of the budgets for the Public Safety Technology Division, Administrative Services Division, and the Director’s Office.
Bryan Slobe, Acting State Fire Marshal, State Fire Marshal Division, said that there had been studies that had taken place that needed to be considered rather than completing another state study. He stated that the changes that had been completed needed to be looked at. Mr. Slobe explained that he would be testifying at the S.B. 141 hearing.
Mr. Slobe stated that a plans review position had been filled approximately four months previous, and the department was in need of the additional plans review position. Plans were complex and large. Mr. Slobe requested approval of the plans review position, and stated that a Deputy State Fire Marshal was being used almost half-time to complete plan reviews when he needed to be completing inspections and investigations.
Mr. Slobe indicated his agreement to Mr. Krmpotic’s comments on the issuance of new uniforms and protective gear.
Senator Jacobsen indicated that the Fire Marshal’s office was an important office, specifically for the rural areas. One of the problems that had occurred was that an attempt had been made to tie together the fire service with professionals and volunteers, but Senator Jacobsen noted that the two groups pulled together when there was a need.
Mr. Marvel opined that the plans review position should be filled. He noted that there had been complaints about the amount of time it took to receive a fire permit.
MR. PARKS MOVED TO CLOSE THE BUDGET WITH THE FOLLOWING:
· CONTINUED FUNDING FOR THE VACANT PLANS REVIEW POSITION,
· A UNIFORM ALLOWANCE FOR MEMBERS,
· PLACEMENT OF DECISION UNIT E-806 IN THE UNCLASSIFIED PAY BILL,
· AND AUTHORIZATION FOR STAFF TO ADJUST DECISION UNITS E-800, E-801, E-984.
SENATOR O’DONNELL SECONDED THE MOTION.
Senator Jacobsen disclosed that he was a fireman, but he would be participating in the vote.
THE MOTION PASSED UNANIMOUSLY. (Senator Neal and Mr. Perkins were absent for the vote.)
BUDGET CLOSED.
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HAZARDOUS MATERIALS TRAINING CENTER – BUDGET PAGE PS-165
Mr. Krmpotic continued his testimony. The Hazardous Materials Training Center furnished and administered programs for the training of firemen and instructors; established a regional hazardous materials training facility; and established a mobile training team to train volunteer firemen in compliance with requirements for the first responder operations level.
Staff noted that subsequent to the technical adjustments the budget’s reserve was projected to be $234,500 by the end of the 2001-2003 biennium. The General Funds were approved by the 1999 legislature based on the uncertainty of transfers from the Division of Environmental Protection (DEP) for revenues generated from disposal at the Beatty dumpsite. In the last fiscal year the agency reverted the General Fund appropriation because transfers from the DEP were higher than the levels budgeted. Staff had received documentation from the DEP recommending that actual fees collected in FY2000 be used as a guide for anticipating revenue in the upcoming biennium. Based on review of the information for FY2001 it appeared that certificate sales were presently exceeding the budgeted level by approximately $140,000 and transfers from the DEP totaled $225,000, which reflected transfers for two quarters. Mr. Krmpotic said the subcommittee might wish to remove General Funds totaling $171,549 in FY2001 and $228,589 in FY2002 based on the projected levels for certificate revenue and transfers from the DEP. Staff would recommend that a General Fund appropriation of $1,000 remain in the budget account each year of the biennium to provide access to the IFC Contingency Fund if transfers from the DEP were not realized at the budgeted levels.
The 1999 legislature approved the addition of two Deputy State Fire Marshals to complete licensing of businesses that stored hazardous materials. The department testified that the positions would be self-supporting through revenues generated by the identification of organizations requiring hazardous materials storage certificates. In response to questions from staff, the agency indicated that the positions were not totally covering their cost nor the cost of a Management Assistant position added by the IFC to support the program. The agency indicated that, due to their rural assignments, they were unable to get to as many sites as inspectors in more populated areas. The agency indicated that the positions were vital to the state’s rural areas and if not continued, an additional six hundred sites a year would not be inspected. The subcommittee needed to decide whether to continue the two Deputy State Fire Marshal positions and the Management Assistant position in the next biennium.
Mrs. Chowning asked how the legislature could assist in ensuring that inspections were occurring by the appropriate people, and that one person could complete more than one type of inspection. Mr. Slobe said that when the program had started the department was told that the program inspectors were to complete only hazardous materials inspections when in the field. This restricted the agency because one deputy was sent to Battle Mountain, and could only complete hazardous materials inspections when the deputy was capable of completing fire and life safety inspections. The inspections could be completed at the same time. The deputies for hazardous material inspections in rural areas would not issue as many permits because there were not as many hazardous materials stored in rural areas as there would be in urban areas. Mr. Slobe said the program had generated over half a million dollars. The program was paying for itself, including the salaries and training. He commented that he would like to utilize the hazardous materials deputies in rural counties for more than hazardous material.
Mrs. Chowning asked if there was something that the legislature needed to do to authorize the hazardous materials inspectors to complete additional inspections. Senator Jacobsen indicated that a Letter of Intent (LOI) would give the authority.
Mr. Krmpotic stated that the agency reported to the IFC to indicate the amount of revenue generated by the positions, and to show the relationship between that and the cost of running the program. The agency was currently showing that expenses were exceeding generated revenues. The sales that the program generated were placed in the same budget account; the revenues that were collected were maintained in the budget account where the positions were located. The subcommittee might wish to request a LOI be issued to the agency to have a report on the status of the program. Mr. Krmpotic indicated that it appeared that the program would have sufficient reserve funds to cover all program costs, while removing General Funds. Senator Jacobsen asked to have this included in the motion to close the budget.
Mr. Marvel asked if the inspectors could increase the amount of revenue with the potential additional authority. Mr. Slobe stated that he believed the conversation had lost sight of the true purpose of the program. The program was in place to protect the public. When a facility was found that needed permitting, the site was permitted. Information was given regarding how and where to store hazardous materials to protect the store owners, and the revenue was a secondary issue. He explained that he knew his predecessor had said that if the revenues were not sufficient to cover the cost, the positions would be eliminated, but Mr. Slobe noted that there were not enough inspectors to complete the necessary inspections. Mr. Slobe was attempting to make the inspectors more multi-faceted. He was asking to be able to use the hazardous materials inspectors to complete fire and life safety inspections.
Carol English, Assistant Administrative Services Chief, Department of Motor Vehicles and Public Safety, explained how the two inspections could be completed. When the direction was given to the agency by the legislature to cross-utilize the positions, the revenue from the appropriate program would be used to fund the inspections. The travel claims for the inspectors would be split between this budget and the budget with the fire and life safety inspections, and each budget would be charged for the time spent on the respective inspections.
Senator Jacobsen explained that in his district he had received complaints regarding the inspection of hazardous materials. One company indicated that they had storage facilities in two places and were being charged twice for the inspection. Mr. Slobe acknowledged that he was aware of the situation and stated that the company had two separate and distinct areas with hazardous material that needed to be identified as separate and distinct areas.
Senator Jacobsen confirmed that Mr. Slobe was the Acting State Fire Marshal and asked for the LOI to indicate that the Governor should appoint a permanent director.
MRS. CHOWNING MOVED TO CLOSE THE BUDGET WITH TECHNICAL ADJUSTMENTS AND THE FOLLOWING:
· CONTINUATION OF THE DEPUTY STATE FIRE MARSHAL AND MANAGEMENT ASSISTANT POSITIONS,
· APPROVAL OF THE UNIFORM ALLOWANCE FOR THE TRAINING OFFICERS AND DEPUTY STATE FIRE MARSHALS,
· TO INCLUDE A LETTER OF INTENT TO ALLOW THE INSPECTORS THE ADDITIONAL AUTHORITY TO CROSS-UTILIZE THE POSITIONS,
· REDUCTION OF THE GENERAL FUND APPROPRIATION TO $1,000,
· AND TO ALLOW STAFF TO HAVE THE AUTHORITY TO MAKE ADJUSTMENTS AS NECESSARY.
MR. PARKS SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY (Senator Neal, Mrs. de Braga, and Mr. Perkins were absent for the vote.)
BUDGET CLOSED.
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EMERGENCY MANAGEMENT – BUDGET PAGE
The Chair recognized Mike Chapman, Program Analyst. Mr. Chapman explained that the budget had been previously closed on April 24. Subsequent to that, during the closing of the Buildings and Grounds budget, it had become apparent that there would be a rent increase to the Division of Emergency Management. There would be an increase in FY2002 of $9,774 and in FY2003 $20,549. The increase was a 50-50 split between the General Fund and the Emergency Management Performance Grant (EMPG). Staff recommended a modification to the closing approving the rent increase.
MRS. CHOWNING MOVED TO MODIFY THE CLOSING.
MR. PARKS SECONDED THE MOTION.
The Chair noted that there was not a quorum present and held the vote.
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PUBLIC SAFETY, HAZARDOUS MATERIALS – BUDGET PAGE PS-59
Mr. Krmpotic noted that the budget account had been closed on the Assembly side, but had not been closed by the Senate. The main issue in the account was the consolidation of the Highway Patrol budget and the possible consideration to establish a second category to track expenses within the Highway Patrol pertaining to the Hazardous Materials Permitting Program.
The Chair noted that a quorum was not present, and held the vote for the budget.
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PUBLIC SAFETY, CRIMINAL HISTORY REPOSITORY – BUDGET PAGE PS-65
Mr. Krmpotic stated that the budget administered the Nevada Criminal Justice Information System (NCJIS) and was the state’s clearinghouse for criminal history record information, crime statistics, and information and activities that supported a wide variety of public safety interests.
Staff had previously noted for the subcommittee that the adjusted base increase in Administrative Court Assessments of $707,949 in FY2002 and $275,398 in FY2003 were recommended in The Executive Budget. Staff had prepared a fund map for the budget account based on tentative assessment totals for the Public Safety Technology Division allocation, decision unit E-800, and the administrative cost allocations, decision unit E-801. Based on staff’s review it would appear that Administrative Court Assessments would fall short of funding those expenses related to the Criminal History Repository by approximately $180,000 in FY2002. The shortfall would be funded from the reserve. In FY2003 it would appear that Administrative Court Assessments would fund approximately $74,000 in excess of program expenses. Staff would recall for the subcommittee that at the June 2000 IFC meeting, the agency indicated that reserves of $149,720 from the repository budget were used to provide funding for activities that would have otherwise been covered by Administrative Court Assessments. Staff would recommend that Administrative Court Assessments in excess of expenses in FY2003 be considered as partial repayment for the $149,720 owed to the reserve.
Decision unit E-226 recommended a change in funding for positions transferred from the Division of Parole and Probation that were responsible for the Sex Offender Program. Mr. Krmpotic noted that the approval for the transfer of the positions had been made during the closing of the Parole and Probation budget. The decision unit changed the funding source from General Funds to Administrative Court Assessments.
Decision unit E-900 recommended the transfer of two Information System Specialist positions to the Public Safety Technology Division budget account. The positions were added by the 1997 legislature to provide support exclusively for the Civil Name Check program. In response to questions from staff, the agency indicated that these positions would be primary support for the Civil Name Check program. Staff noted that support expenses would be charged through billings from the Public Safety Technology Division budget account.
Decision unit E-906 recommended the transfer of $1,091,850 per year from the Nevada Highway Patrol to the Criminal History Repository. The funding provided for the operation of the computerized switching system for information related to law enforcement. Presently, the Criminal History Repository received an Administrative Court Assessment allocation, per Nevada Revised Statutes (NRS) 176.059, which provided for costs allocated from the Public Safety Technology Division budget account for electronic storage and access to criminal records. NRS 176.059 also provided for an allocation of Administrative Court Assessments to the Nevada Highway Patrol for access through the computerized switching system for information related to law enforcement. The department indicated in its request for this budgetary change that they would like to consolidate accounting for the statewide law enforcement use of the switch from two budget accounts to one. An amount of $97,106 was set aside for repayment to the Highway Fund in FY2002. Staff was recommending the amount remain in the Highway Patrol budget account. The subcommittee needed to decide whether to approve the transfer of Administrative Court Assessments with staff’s recommendation to reduce the transfer by $97,106 in FY2002.
Staff sought approval to make changes to decision units E-800, E-801 and E‑991 based on final approval of the budget accounts for the Public Safety Technology Division, Administrative Services, and the Director’s Office.
Mr. Marvel asked who was keeping track of the reconciliation of the Administrative Court Assessments. Mr. Krmpotic said the Controller’s Office distributed the court assessments, and state law provided for deposit of the assessments to the General Fund once an agency had received its authority level. The allocation of the court assessments between the judicial branch and executive branch was set in statute. Distributions within the executive branch were based on legislative authorization every two years. The information was tracked through the Budget Office, and they provided the percentage breakdown to the Controller’s Office. Mr. Marvel inquired as to how much money was in the Administrative Court Assessments, and whether there was enough for the potential allocations. Mr. Krmpotic said that for the current biennium the judicial branch projected a 7 percent increase in court assessments primarily based on past history for court assessment activity. Both the Budget Office and staff had reviewed the overall level of court assessments, and the 7 percent projection. In FY2002 court assessments would generate approximately $13 million for both the judicial and executive branches and that would fund the activities related to the Criminal History Repository, the Post Commission and Victims of Crime, and the Attorney General Prosecuting Attorney on the executive branch side. Staff noted that if available additional court assessments should be reflected in the first year of the biennium in the budget, based on actual program expenditures related to the Criminal History Repository, but due to the absence of additional court assessments, the agency had to use reserve funds to pay for the additional expenses, which was authorized in statute.
MRS. CHOWNING MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY STAFF, WITH TECHNICAL ADJUSTMENTS AND THE FOLLOWING:
· APPROVAL OF CONSIDERATION OF THE ADMINISTRATIVE COURT ASSESSMENTS AS PARTIAL REPAYMENT FOR THE MONIES OWED TO THE RESERVE,
· IN DECISION UNIT E-226 APPROVAL OF THE CHANGE OF FUNDING FROM GENERAL FUNDS TO ADMINISTRATIVE COURT ASSESSMENTS,
· IN DECISION UNIT E-900 APPROVAL OF THE TRANSFER OF THE TWO POSITIONS,
· AND IN DECISION UNIT E-906 FUNDING OF $97,106 WOULD REMAIN IN THE HIGHWAY PATROL BUDGET ACCOUNT.
MR. PARKS SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Senator Neal, Mr. Beers, and Mr. Perkins were absent for the vote.
BUDGET CLOSED.
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EMERGENCY MANAGEMENT – BUDGET PAGE
The chair confirmed that the previous motion for this account had been made by Mrs. Chowning and seconded by Mr. Parks.
THE MOTION PASSED UNANIMOUSLY. (Senator Neal, Mr. Beers, and Mr. Perkins were absent for the vote.
BUDGET CLOSED.
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PUBLIC SAFETY, HAZARDOUS MATERIALS – BUDGET PAGE PS-59
Mrs. Chowning confirmed that the Assembly had closed the budget in a previous hearing, but the Senate had not.
Senator O’Donnell said it was insidious to require the department to keep track of every account, but allow the consolidation. Senator O’Donnell stated that it made no sense, and either the department should be allowed to combine completely or not at all. Senator O’Donnell opined that if the department was allowed to combine, they would be able to manage money better with far less accountability in accounting work needing to be completed by staff.
Senator Jacobsen stated that the budget would be held for a hearing before the Senate Committee on Finance.
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PUBLIC SAFETY, HIGHWAY PATROL – BUDGET PAGE PS-78
Mr. Krmpotic continued his testimony. The division enforced the traffic laws of the state, investigated traffic accidents, and enforced laws regulating motor carriers transporting cargo and hazardous materials.
Staff had a number of technical adjustments that resulted in Highway Fund decreases of $439,339 in FY2002 and $367,272 in FY2003.
Mr. Krmpotic explained that appropriations were approved by the legislature in 1997 and 1999 to allow for completion of the VHF high band radio project by the department. The Executive Budget recommended Highway Fund appropriations of $1.3 million in FY2002 and $1.2 million in FY2003 in decision unit E-300 to fund salary expenses for five positions, associated operating, equipment, and other support costs to maintain operability of the VHF high band radio system. The recommended positions included four Communication System Specialist IIs and one Program Assistant I. In its budget request, the department listed a department-wide inventory of mobile and portable radios with estimated maintenance hours per radio per year to support the request for additional positions. In response to questions from staff, the agency had presented two options to reflect funding for the support of radios in budget accounts from other funding sources. One option allocated support expenses required to maintain radios and the system infrastructure. The other option estimated maintenance hours and supplies based on the number of radios by budget account. Mr. Krmpotic noted that the committee had received the figures based on the agency’s response for option two. Based on estimates to provide radio maintenance to other divisions, Highway Funds would be reduced by $141,694 in FY2002 and $144,985 in FY2003. Staff would include revenue authority by the same amounts to enable the Highway Patrol to bill the cost of labor and materials to other budget accounts for the repair of radios. This would require additional General Funds of $99,954 in FY2002 and $102,289 in FY2003, additional authority in fee-funded accounts of $31,974 in FY2002 and $32,716 in FY2003, and federal funds of $5,358 in FY2002 and $5,491 in FY2003. Staff noted that if the subcommittee chose this option staff would require the authority to return to previously closed budget accounts, such as Parole and Probation, to include the amount in those budget accounts.
Staff had previously raised the issue regarding the implementation of VHF trunking relative to a radio traffic study to be performed by the vendor to determine if trunking was feasible. The agency had provided staff with a copy of the traffic study, which suggested the use of trunking in the Las Vegas Valley. The agency had indicated to staff that trunking had been implemented in the Reno area as well. The agency had not been able to provide staff with documentation, such as a traffic study to suggest the implementation of trunking in the Reno area. Based on conservations with staff, the agency indicated that trunking provided a benefit to the users when an incident occurred and a radio channel was obligated for communications related solely to that incident.
The Governor’s recommendation included funding for operating supplies to support the maintenance and repair of the system based on estimates of 5 percent of the original acquisition cost of the equipment. Based on questions posed to the agency by staff, the estimate was based on conversations the agency had with other jurisdictions that used a VHF trunked high band system. Documentation had not been provided to support the estimated cost of supplies for the ongoing maintenance and support of the system. Staff had reduced the expense by $33,150 in FY2002, since the trunking controller would be under warranty during the period. The decision unit also included annual expenses for T-1 lines of $242,208 in each year of the biennium. The agency indicated the lines would provide backup and redundancy between dispatch centers so that if a disaster were to occur in Las Vegas, the Reno dispatch center could provide backup and maintain communications with personnel in Las Vegas.
The decisions before the subcommittee were whether to approve funding of $1.3 million in FY2002 and $1.2 million in FY2003 for five positions and other supporting expenses to provide for the ongoing support of the VHF high band radio system. If the subcommittee wished to approve the funding, the subcommittee should also consider the option of billing out costs to other non‑Highway Funded divisions for estimated annual radio maintenance of $141,694 in FY2002 and $144,985 in FY2003. Staff emphasized that the Highway Patrol should only bill other divisions for actual expenses incurred. If the subcommittee wished to approve staff’s recommendation, staff would seek approval to make changes to other budget accounts that had been previously closed by the subcommittee.
Decision unit E-710 recommended replacement equipment totaling $3.7 million in FY2002 and $2.5 million in FY2003. Staff noted that based on questions from staff regarding the reimbursements for 50 percent of the cost of the bulletproof vests, the agency had indicated that based on funding availability and the number of applicants it was uncertain the level of reimbursement that could be received through the federal bulletproof vest grant.
Decision unit E-720 recommended new equipment totaling $474,420 in FY2002 and $275,818 in FY2003. The agency indicated, based on questions from staff, that in-car video systems should protect the agency from frivolous lawsuits and provide for less court appearances by personnel, resulting in a higher conviction rate. Staff had reduced the recommendation for the radios by $23,825 in each year based on information reported by the agency regarding the number of spare mobile and portable radios available.
Decision unit E-906 recommended the transfer of Administrative Court Assessments, which the subcommittee had approved in the Criminal History Repository budget.
Decision unit E-910 recommended the consolidation of the Highway Patrol Hazardous Materials budget account, which had been approved on the Assembly side.
Mr. Krmpotic noted that the Highway Patrol provided for ongoing maintenance expenses for the security system used at the headquarters building in Carson City. The Executive Budget recommended the transfer of contract expenses to other budget accounts, which represented expenses for other divisions that occupied the headquarters locations and benefited from the system. Based on subsequent discussions with the agency, the system was no longer used by the Highway Patrol or the Public Safety entrances to the building. The agency had received a new quote reducing the monthly maintenance cost as a result of the minimized use from $9,550 per year to $2,880 per year. In addition, staff would recommend a revised allocation based on information received from the agency, which would eliminate decision units E-923, E-924, E-927, E-928, and would revise E-930 to reduce the transfer from $6,332 to $2,049. The subcommittee needed to decide whether to approve the transfer of security system maintenance expenses from the Highway Patrol budget account to other budget accounts in the department based on recommended revision by staff. If it was approved, staff would also adjust for the reduction from the ongoing cost of the security system in the adjusted base from $9,550 to $2,880.
Senator Jacobsen asked for a brief comment about which communication system the department was currently using. Colonel Michael Hood, Chief, Highway Patrol, explained that the new communications radio system was a state-of-the-art system. He noted that it would be completely installed by the end of May, and was currently operational in Las Vegas and Elko. The department had increased the number of mountaintop stations from approximately 33 to 56. With the increased numbers there would be increased maintenance. Colonel Hood noted that with the system, the department had the ability to communicate in the event of a disaster. Colonel Hood explained that in the previous biennium he had testified that officers were not able to communicate from one end of the “Las Vegas Strip” to another, and currently officers could communicate between Hawthorne and Las Vegas.
Senator Jacobsen inquired as to whether there were any “dead spots” in the system. Colonel Hood explained that there would always be dead spots, but the ones that had been anticipated did not exist. He noted that the final mountaintop stations had not been installed, not because of a scheduling problem, but because there was good coverage through the state, and the department wanted to see if the mountaintop stations could be moved. Colonel Hood said that the dead spots were minimal.
Senator Jacobsen asked about communication with local law enforcement agencies. Colonel Hood said that there was communication with all local sheriff and police departments. The department also had inoperability, which was a concern of the legislature during the previous session. Senator Jacobsen reminisced about the time when he was a driver for Douglas County, and had a need for the Highway Patrol.
Colonel Hood requested to return to the Hazardous Material budget account.
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PUBLIC SAFETY, HAZARDOUS MATERIALS – BUDGET PAGE PS-59
Colonel Hood stated that he agreed with Senator O’Donnell’s earlier statements. If the budget could not be consolidated with easier accounting measures for the staff, then the department would “just as soon have the account stay as it is.” This would leave the Hazardous Materials account in a separate account. Colonel Hood explained that if the tracking measures were desired it would be simpler for the department staff to have the account separate.
Senator Jacobsen requested that the comments on the Hazardous Materials budget be considered with the earlier comments on the budget.
MRS. CHOWNING MOVED TO NOT CONSOLIDATE THE BUDGETS.
MRS. DE BRAGA SECONDED THE MOTION.
Senator O’Donnell asked for an explanation regarding the motion. Mrs. Chowning said that the motion was made because the problem with the consolidation was not having the level of accountability that was had with the separation of the accounting. Since Colonel Hood had made the request to not consolidate, Mrs. Chowning was respecting that request. Senator O’Donnell opined that that was not what Colonel Hood had requested. Senator O’Donnell said that Colonel Hood was requesting a consolidation of the accounts, and the ability to combine the accounts and not have to account for the combinations. Senator O’Donnell explained that Colonel Hood said that if there was the consolidation with the accounting, then the consolidation was not worth the trouble.
Colonel Hood reiterated his agreement with Senator O’Donnell. He had been attempting to consolidate the account for the past two sessions. In the previous session, the legislature wanted to remove $1 million without reimbursement, so the consolidation could not be completed. In the current session the department wanted to consolidate the accounts for easier accounting at Colonel Hood’s level in the organization. Colonel Hood explained that if there needed to be accounting, then he would prefer the two budget accounts because it would be easier.
Mark Stevens, Fiscal Analyst, explained that there had been correspondence with the Department of Motor Vehicles and Public Safety related to the issue. He asked Mr. Krmpotic to indicate what the correspondence said to ensure that the discussion was consistent with earlier conversations.
Mr. Krmpotic said that he possessed a memorandum from Colonel Hood with a cover memorandum from Richard Kirkland, Director, Department of Motor Vehicles and Public Safety, which referred to the questions posed by staff regarding the Hazardous Materials account. Mr. Krmpotic read from the memorandum:
The money received by the Department is deposited with the State Treasurer for credit to the State Highway Fund. B/A 4728 [Hazardous Materials] receives Highway Fund Authorization. To track the expenditures the Division has set-up a program/project number for the Administrative cost in the HAZMAT Program. A separated category could be set-up to track operating cost.
Colonel Hood stated that the memorandum had been prepared by one of the department’s fiscal analysts, and he deferred to Lynda Kunter, Management Analyst, Highway Patrol Division. Ms. Kunter stated that she had prepared the memorandum in response to Mr. Krmpotic’s question regarding how the accounts could be tracked. The intention was to inform Mr. Krmpotic that if the division needed to, Ms. Kunter would set up a separate category. The memorandum was not expressing the desire to set up the separate category, but rather that if it was insisted upon it could be done.
Colonel Hood stated that Ms. Kunter’s explanation was why the questions were answered as they were in the memorandum. The intent of consolidating the accounts was easier accounting, and if that was unavailable then Colonel Hood would “just as soon” leave the accounts separate.
Mrs. Chowning explained that it was unfortunate that the memorandum did not have the intention as it was written, and she confirmed that her motion was still on the floor.
Gary Ghiggeri, Fiscal Analyst, explained that the large number of technical adjustments that had been made in the Highway Patrol budget showed that tracking the information in a separate budget or category would be useful for staff. There were a number of adjustments, and Mr. Krmpotic had spent a great deal of time sorting through the information. Mr. Ghiggeri noted that the decision was the subcommittee’s, but Mr. Krmpotic had done a great deal of work on the budget.
Senator Jacobsen asked for Mr. Ghiggeri’s suggestion. Mr. Ghiggeri explained that the decision was a policy one, and reiterated the fact that Mr. Krmpotic had spent a great deal of time with the DMV’s budgets sorting through them. The more budgets were consolidated the harder it would be for staff to track the budgets.
Senator O’Donnell explained that he had seen the deterioration of the DMV’s budget, and the constraints on the budget for over two sessions. He explained that he remembered the staff person responsible for the budget, and agreed with Mr. Ghiggeri about the fact that staff examined the budgets closely. Senator O’Donnell noted that the budgets had been collapsed, positions had been removed, vacancy savings had been reduced, and the results were the budgets before the committee. Senator O’Donnell opined that the department was in need of some flexibility. If there was not flexibility the department would continue to be “strangled” until there were no services. He noted that he was supportive of the Highway Patrol and DMV, and these divisions were the first response to accidents and the first impression to newcomers to Nevada.
Mr. Ghiggeri assured the subcommittee that there was nothing Mr. Krmpotic had done to harm the operation of the Highway Patrol. He had made technical adjustments and calculation adjustments. As the subcommittee examined the adjustments Mr. Krmpotic had made, they would note that he had attempted to save Highway Funds appropriations where possible. Mr. Ghiggeri noted that the staff was not attempting to hamper the operation of any agency.
Colonel Hood stated that if he gave the impression that any person had attempted to hamper the operation of the agency he had given the wrong impression. The only item he was stating was that if there was a reason not to consolidate, then do not consolidate. The consolidation was not a large issue to the agency.
Senator Jacobsen asked the Assembly to reconsider their action due to the fact that the Senate had not closed the budget account yet.
Mrs. Chowning said that her previous motion had been based on the Colonel’s comments about the lack of importance of the consolidation. The Assembly had closed to consolidate, but keep the categories separate. If the Senate believed that closing to be correct, then Mrs. Chowning would withdraw her motion. Mrs. Chowning reiterated that her motion, to not consolidate, and the second were still on the floor.
Senator Jacobsen stated that it appeared that the committee was at an impasse.
Senator O’Donnell asked that knowing that motion would fail in a vote on the Senate side of the subcommittee, would it be proper to entertain another motion. Senator Jacobsen indicated it would be proper to entertain another motion.
SENATOR O’DONNELL MOVED TO CONSOLIDATE THE ACCOUNT, WITH A REEVALUATION OF THE CONSOLIDATION AFTER TWO YEARS AND THE OPTION TO DECONSOLIDATE AT THAT POINT.
Senator Jacobsen indicated he believed the motion was out of order because the subcommittee could not commit to the future because there was no assurance the members would remain the same.
SENATOR O’DONNELL MOVED TO CONSOLIDATE THE ACCOUNT.
Senator Jacobsen noted there was no concurrence on the Assembly side of the subcommittee.
The account was held for future discussion.
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PUBLIC SAFETY, HIGHWAY PATROL – BUDGET PAGE PS-78
MR. PARKS MOVED TO CLOSE THE BUDGET WITH TECHNICAL ADJUSTMENTS AND STAFF RECOMMENDATION, AND THE FOLLOWING:
· APPROVAL OF THE FIVE NEW POSITIONS,
· ADJUSTMENTS TO RADIO MAINTENANCE AND BUILDING REPAIR COSTS,
· APPROVAL OF THE TRANSFER OF THE SECURITY SYSTEM MAINTENANCE EXPENSES,
· AND EXCLUDING THE CONSOLIDATION OF THE HAZARDOUS MATERIAL BUDGET ACCOUNT AND THE HIGHWAY PATROL BUDGET ACCOUNT.
MRS. CHOWNING SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Senator Neal, Mr. Beers, and Mr. Perkins were absent for the vote.)
BUDGET CLOSED.
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Senator Jacobsen recessed the meeting and reconvened the meeting at 10:29 a.m.
PUBLIC SAFETY, HIGHWAY SAFETY PLAN & ADMINISTRATION –
BUDGET PAGE PS-139
Mr. Krmpotic explained that the budget account was responsible for and constituted much of the Office of Traffic Safety (OTS). The individuals in the program developed the comprehensive highway safety program plan each year.
Decision unit E-275 recommended a new Grants and Projects Analyst II position. Based on revisions by staff, funding was recommended from the Highway Fund, $5,657 in FY2002 and $896 in FY2003, with the remaining balance from a federal funds transfer. In response to questions from staff, the agency indicated that the position would lighten the load for other positions, thereby free up time for the OTS to seek out additional funding opportunities. The agency pointed out past examples of grants that were not applied for due to lack of staff time, such as a grant to educate child-care providers of the necessity of using child passenger safety seats. Staff noted for the subcommittee that funding for the position and associated costs had been revised based on a response provided by the agency.
The agency had received approval by the IFC to add federal funds in February 2000 for the addition of a Traffic Records Manager position to plan, develop, administer, and coordinate a comprehensive, centralized framework for traffic records. The Executive Budget recommended the continuation of the position with 100 percent federal funding in decision unit E-350.
Decision unit E-800 recommended increases in support for the Public Safety Technology Division from $4,717 in FY2000 to $70,081 in FY2002 and $16,810 in FY2003. In response to questions from staff, the agency indicated that increased funding in FY2002 would provide for the creation of a database of all equipment purchases by the OTS sub-grantees, thereby allowing the OTS to track purchase dates, serial numbers, use length of service of equipment, etc. Staff would also note that additional technical adjustments might occur in E-800 based on final approval of the Public Safety Technology Division account.
Staff sought approval to make changes to decision units E-800, E-801, and E‑986 based on final approval of the Public Safety Technology Division, Director’s Office, and Administrative Services budget account.
MR. PARKS MOVED TO CLOSE THE BUDGET AS RECOMMENDED BY STAFF WITH THE FOLLOWING:
· APPROVAL OF THE GRANTS AND PROJECTS ANALYST II POSITION,
· APPROVAL OF THE CONTINUATION OF THE TRAFFIC RECORDS MANAGER POSITION,
· APPROVAL OF DECISION UNIT E-800,
· AND WITH AUTHORITY FOR STAFF TO ADJUST E-800, E‑801 AND E-986.
SECONDED BY MRS. CHOWNING.
THE MOTION PASSED UNANIMOUSLY. (Senator Neal, and Mr. Perkins were absent for the vote.)
BUDGET CLOSED.
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PUBLIC SAFETY, NARCOTICS CONTROL – BUDGET PAGE PS-107
Mr. Krmpotic stated the Narcotics Control Program was responsible for the interdiction of narcotics and dangerous drugs through the support and participation in multi-jurisdictional task forces.
The Governor had submitted an amendment to add $8,440 in General Funds in each year of the biennium to provide for agency-issued equipment such as handguns, shotguns, and radios for 12 sworn staff. Replacement radios were funded in the 1999-2001 biennium through a one-shot from the General Fund. The Governor recommended replacement radios in the Nevada Division of Investigations (NDI) through an amendment, however, the subcommittee approved a decrease to that amendment based on the five-year estimated life of the radios. Elimination of the radios from the recommendation would reduce the amendment by $6,624 each year. If the subcommittee wished to approve the amendment, they should consider elimination of the radios, and if the subcommittee did not wish to add General Funds, they might consider adding Byrne Grant funding in the amount of 75 percent of the revised amount with matching forfeiture funds in the amount of 25 percent.
Decision unit E-275 recommended the replacement of six vehicles through leases with the Motor Pool. Staff noted that the cost to purchase the vehicles was included in A.B. 523, which would make an appropriation to the Motor Pool Division of Department of Administration for purchase of additional vehicles, at a cost of $126,406.
Decision unit E-351 recommended a reduction in Byrne Grant funds and a corresponding increase in General Funds of $122,734 in FY2002 and $158,915 in FY2003. The changes in funding consisted of the aggregate totals for Byrne Grant funds recommended in all maintenance and enhancement decision units. The Executive Budget recommended the continuation of Byrne Grant funding in the base of $1.01 million in each year of the biennium. Staff had analyzed the availability of Byrne Grant funding based on the most recent application for Byrne Grant funds of $4.02 million. Based on the application, additional Byrne Grant funds of $200,684 in FY2002 and $198,213 in FY2003 were available for state agencies or local government. Mr. Krmpotic said the subcommittee might wish to consider using a portion of the additional Byrne Grant funding to reduce the General Fund burden in decision unit E-351. If the subcommittee eliminated General Funds from the recommendation, the balance available for state agencies or local government would be $77,950 in FY2002 and $39,298 in FY2003. If the subcommittee did not wish to approve the decision unit with additional General Funds, the subcommittee might wish to consider the following options:
Staff sought approval to make changes to decision units E-800, E-801, and E‑982 based on approval of the budgets for the Public Safety Technology Division, Administrative Services, and the Director’s Office.
MR. PARKS MOVED TO CLOSE THE BUDGET WITH THE FOLLOWING:
· APPROVAL OF THE USE OF BYRNE GRANT FUNDS FOR THE AGENCY-ISSUED EQUIPMENT,
· APPROVAL OF THE REPLACEMENT OF SIX VEHICLES THROUGH THE STATE MOTOR POOL,
· ELIMINATION OF GENERAL FUNDS AND REPLACEMENT WITH BYRNE GRANT FUNDS IN DECISION UNIT E-351,
· AND AUTHORITY FOR STAFF TO ADJUST DECISION UNITS E-800, E-801, E-982.
MR. MARVEL SECONDED THE MOTION.
Mrs. Chowning asked if the agency-issued equipment in the motion was being funded with 75 percent Byrne Grant and 25 percent matching forfeiture funds, to which Mr. Parks answered in the affirmative.
THE MOTION PASSED UNANIMOUSLY. (Senator Neal and Mr. Perkins were absent for the vote.)
BUDGET CLOSED.
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PUBLIC SAFETY – CAPITOL POLICE – BUDGET PAGE PS-123
Mr. Krmpotic said the budget account contained 26 sworn staff and one clerical staff and patrolled the constitutional officers’ state building properties and protected the general public while conducting business on state property.
In FY2000 the Capitol Police incurred $13,153 in non-holiday overtime expenses. This represented more than double the amount budgeted. The Capitol Police had indicated that overtime was incurred in instances when officers were not able to staff a 24-hour-per-day/7-day-per-week post due to absences for sick or vacation time. The agency had indicated that when vacancies occurred and there was no relief coverage for vacation, sick, and training time, that time must be covered with current staffing. Staff noted that situations such as this occurred in the Department of Prisons. When staffing shortages occurred, overtime was funded through savings generated with a position vacancy. Staff noted that “vacancy savings” was not recommended in the budget over the next biennium. The decision before the subcommittee was whether to reduce non-holiday overtime expenses to the FY2001 budgeted level.
Decision unit E-277 recommended funding of $2,045 in each year of the biennium to fund replacement protective vests for sworn officers. Staff had received a response from the agency indicating that the grant funds were subject to approval and availability of funding over the next biennium. The subcommittee might wish to direct that if grant funds were available to reimburse the agency for the cost of the vests over the next biennium, that the agency reserve the remainder of the cost for the reversion to the Buildings and Grounds budget account.
Staff sought approval to make adjustments to decision units E-800, E-801, E‑926, and E-994 based on final approval of the budget accounts for the Public Safety Technology Division, Administrative Services Divisions, Director’s Office, and Highway Patrol.
Senator Jacobsen indicated that he was disappointed with the surveillance of the Stewart Building. He noted that there was a large amount of vandalism on the property. Kenneth Johnson, Chief, Capitol Police, responded that the Stewart facility was patrolled when the patrolmen were available. The agency had sporadic vacancies and had experienced 13 vacancies out of 26 positions since 1999. When there were people available the agency did ask them to concentrate on the facility, but the location was attractive to vandals. Senator Jacobsen said that he realized it was hard to guard the facility.
MR. PARKS MOVED TO CLOSE THE BUDGET WITH THE FOLLOWING:
· REDUCTION IN NON-HOLIDAY OVERTIME EXPENSES,
· IN DECISION UNIT E-277, DIRECT THAT GRANT FUNDS BE MADE AVAILABLE,
· AND APPROVAL FOR STAFF ADJUSTMENTS TO DECISION UNITS E-800, E-801, E-926, E-994.
SENATOR O’DONNELL SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY. (Senator Neal and Mr. Perkins were absent for the vote.)
BUDGET CLOSED.
Senator Jacobsen indicated that the force should be notified that if a citation was issued the vandalism would be positively affected. Mr. Johnson said that the police had made a few arrests, but he would inform the force of Senator Jacobsen’s comments.
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The meeting at 4:00 p.m. on Wednesday, May 9, 2001, was cancelled, and the meeting on Thursday, May 10, 2001, was moved to 7:30 a.m. The meeting was adjourned at 10:45 a.m.
RESPECTFULLY SUBMITTED:
Andrea Carothers
Committee Secretary
APPROVED BY:
Senator Lawrence Jacobsen, Chairman
DATE: