MINUTES OF THE meeting
of the
Assembly Committee on Ways and Means
AND THE
Senate Committee on Finance
JOINT Subcommittee on Public Safety/Natural
Resources/Transportation
Seventy-Second Session
April 25, 2003
The Assembly Committee on Ways and Means and the Senate Committee on Finance, Joint Subcommittee on Public Safety/Natural Resources/Transportation was called to order at 8:19 a.m., on Friday, April 25, 2003. Chairman David Parks 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. Josh Griffin
Ms. Sheila Leslie
Mr. John Marvel
Senate COMMITTEE MEMBERS PRESENT:
Senator Dean A. Rhoads
Senator Sandra Tiffany
COMMITTEE MEMBERS ABSENT:
Ms. Chris Giunchigliani (excused)
Mr. Richard Perkins (excused)
Senator Bob Coffin (excused)
STAFF MEMBERS PRESENT:
Steve Abba, Principal Deputy Fiscal Analyst (Assembly)
Bob Guernsey, Principal Deputy Fiscal Analyst (Senate)
Tracy Raxter, Program Analyst
Jim Rodriguez, Program Analyst
Mindy Braun, Education Program Analyst
Lila Clark, Committee Secretary
Susan Cherpeski, Committee Secretary
BUDGET CLOSINGS
DEPARTMENT OF CORRECTIONS
NORTHERN NEVADA CORRECTIONAL CENTER (101-3717)
EXECUTIVE BUDGET PAGE NDOC-45
Mr. Tracy Raxter, Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau (LCB), introduced himself and said there was one major issue in the budget account, the reclassification and transfer of the Forensic Specialist positions. The Governor’s budget recommended that 52 Forensic Specialist positions that were in the Medical Division budget be reclassified to Custody Classifications, Senior Correctional Officer positions, and also Correctional Sergeant positions based on the current grade level of the positions. The positions would then be transferred to the individual institutional budgets. Mr. Raxter said that the Northern Nevada Correctional Facility was the facility that housed the regional medical facility and the budget recommended the transfer-in of 32 Forensic Specialist positions. Thirty positions would be reclassified to Senior Correctional Officers and two would be reclassified to Correctional Sergeant positions. Mr. Raxter said the reclassification process would also include a two-grade salary increase for those positions as the positions had not received the same salary increase that was granted to the custody classification positions in the last two bienniums.
Mr. Raxter told the Subcommittee that A.B. 173 provided for a two-grade salary increase for the Forensic Specialist positions but kept those positions at their current classification. Mr. Raxter said the Department had indicated that those positions, at one time, had dual duties of both medical duties and custody duties but over a period of time the medical duties had diminished. At the current time the positions were primarily performing custody duties and the organizational reporting structure of the positions was to custody classification.
Assemblyman Marvel asked if the changes in the positions were included in the budget.
Mr. Raxter answered that the Governor had recommended that the positions be reclassified and that was included in the budget. Mr. Raxter pointed out that there was a separate decision unit, E-350, that would provide for uniform allowances because if the positions were reclassified to custody classifications they would be eligible for a uniform.
Chairman Parks asked if the Subcommittee had any additional input. He said the item would recur in a number of other budgets.
ASSEMBLYMAN MARVEL MADE A MOTION TO APPROVE THE RECLASSIFICATION AND TRANSFER OF FORENSIC SPECIALISTS (E-941 AND E-942) AND APPROVE A UNIFORM ALLOWANCE (E‑350).
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Coffin, Assemblyman Griffin, Assemblywoman Giunchigliani, and Speaker Perkins were not present for the vote.)
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Mr. Raxter said that decision unit E-500 was included in each of the institutional budgets and the conservation camps within the Department. Decision unit E‑500 was a recommendation to provide funding for food inflation. Mr. Raxter said The Executive Budget included 1.8 percent per year for food inflation. Mr. Raxter noted that the funding was recommended by the Governor as an enhancement unit rather than a maintenance unit because it was not considered a current services level proposal. Mr. Raxter said that based on that and also that the Governor did not recommend a similar increase for other institutional budgets within the state for the Child and Family Services budgets or Mental Health Services budgets, staff recommended that the decision unit not be approved. Mr. Raxter pointed out that the total amount that was recommended by the Governor for the Department of Corrections for food inflation was approximately $750,000 over the two-year biennium for all the budgets within the Department. Mr. Raxter also pointed out that the issue had been voted on by the full committees in budget closing actions for other budgets within the Department. Mr. Raxter said the Senate Finance Committee took action to approve funding for food inflation while the Assembly Ways and Means Committee had taken budget closing action to deny funding for food inflation.
Senator Tiffany said there was an article in The Nevada Appeal that dealt with the difference in the cost per day for feeding of prisoners. Senator Tiffany said she was uncomfortable with the lower pay for food. She said that the Governor made a point that the sum for feeding wild horses under state control was $2.50 per day per horse and yet the Assembly closed the budgets at $2.29 per day per prisoner. Senator Tiffany said the average allowance in the western states was $4.41 per day and the Division of Child and Family Services paid $5.25 per day for food service in the juvenile detention facilities. Senator Tiffany said she believed that the Subcommittee had to “pay attention” to the food budget and the Governor made a good point in the article in The Nevada Appeal.
Chairman Parks said he believed Senator Tiffany had a good argument regarding the food allowance and he said the Assemblymen were sensitive to the role that food played in the overall correction budget. Chairman Parks said it would be hard for him to live on less than $3 per day and the diet would have to include many carbohydrates. Chairman Parks said he believed that more discussion needed to take place on the issue and he recommended that in the budgets to be heard in the meeting that the food budget discussion be held. Chairman Parks suggested closing the budgets “around the food” and that by the following week there would be resolution of the food issue.
Senator Rhoads said the Senate had already taken action on the food issue in the Senate Finance Committee.
Senator Tiffany said she believed the Senate members could close budgets as the food issues had been resolved in the Senate Finance Committee.
Chairman Parks said the Senate had previously taken action on the food issue and the Assembly members of the Subcommittee would have to work around the issue until the next week when the issue could be resolved.
Mr. Raxter said the last major issue for discussion in the budget account was decision unit E-731 that provided for various maintenance projects for the facility including painting, remodeling of facilities, concrete repair, fencing, parking lot repairs, and other repairs. Mr. Raxter said that staff had made one technical adjustment to delete some additional utility costs based on discussions with the Department indicating that a chiller was not recommended for a Capital Improvement Program (CIP) project.
Mr. Raxter said The Executive Budget included $20,891 in the first year for parking lot paving at the facility. He noted that the Department of Corrections also was provided funding for paving within the statewide CIP paving program that was administered by the Public Works Board. Mr. Raxter said he wanted to be certain that the project was not duplicated in the budget as well as in the statewide paving program. Mr. Raxter said that staff was recommending two options that the Subcommittee might wish to consider. The first option was to leave the funding for the paving project within the budget under discussion as recommended by the Governor. The second option was to delete the funding for the paving project within the budget account under discussion and issue a Letter of Intent to the Public Works Board indicating that the paving project should be prioritized as part of the statewide CIP paving program to ensure that the funding approved by the Legislature for the statewide program included the completion of the project.
SENATOR RHOADS MADE A MOTION TO DELETE FUNDING FOR THE PAVING PROJECT FROM BUDGET ACCOUNT 101-3717 AND PROVIDE A LETTER OF INTENT TO THE PUBLIC WORKS BOARD INDICATING THAT THE PAVING PROJECT SHOULD BE PRIORITIZED SO THAT IT COULD BE COMPLETED THROUGH THE FUNDING APPROVED BY THE 2003 LEGISLATURE FOR THE CIP STATEWIDE PAVING PROGRAM.
ASSEMBLYMAN MARVEL SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Coffin, Assemblyman Griffin, Assemblywoman Giunchigliani, and Speaker Perkins were not present for the vote.)
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Mr. Raxter continued by saying that staff had made other technical adjustments for pricing on replacement equipment for weapons and the Purchasing Division assessment within the M-100 inflation unit.
Mr. Raxter said that staff sought approval to make changes in the inmate-driven revenues and expenditures within this budget account and all the other budget accounts for the Department of Corrections that were being considered for closing in this meeting. Mr. Raxter noted that the Governor’s original budget recommendations for the Department of Corrections included a new 436-bed transition housing facility. The Department of Corrections, at a previous Subcommittee hearing, provided an alternative to the Governor’s proposal and the alternative was for a 200-bed facility for the upcoming biennium, which would be a reduction of 236 beds. Mr. Raxter said that the final action that would be taken by the Subcommittee on that proposal would have an effect on the overall housing plan for the Department of Corrections, which would affect all the institutional budgets within the Department as far as the number of inmates that would be housed. Mr. Raxter said that staff sought approval to make adjustments in the inmate-driven revenues and expenditures based on those revisions.
ASSEMBLYMAN MARVEL MADE A MOTION TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS.
THE MOTION WAS SECONDED BY ASSEMBLYWOMAN LESLIE.
THE MOTION CARRIED. (Senator Coffin, Assemblyman Griffin, Assemblywoman Giunchigliani, and Speaker Perkins were not present for the vote.)
BUDGET CLOSED.
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DEPARTMENT OF CORRECTIONS
NEVADA STATE PRISON (101-3718)
EXECUTIVE BUDGET PAGE NDOC-45
Mr. Raxter stated that the budget included a food inflation increase and action had been deferred on that item.
Mr. Raxter said that technical adjustments had been made in the base budget. He said the Budget Division had submitted a budget modification related to the trash collection costs for the agency and staff had made an adjustment for the cost of a trash compactor. He said staff had also made an allowance for uniform allowances based on the actual number of positions that were eligible for the uniform allowance. Mr. Raxter said that staff had also made an adjustment to the revenue in the budget for the inmate room and board charge. He noted that in fiscal year 2002 there was an increased amount of inmate room and board revenue based on an additional shift of inmates working at the Department of Motor Vehicle (DMV) tag plant on the replacement of the Bighorn Sheep license plate with the Sunset license plate and the mandatory conversion. Mr. Raxter said the project had concluded so staff made an adjustment reducing the amount of inmate room and board revenue by $7,450 in each year of the biennium.
ASSEMBLYMAN MARVEL MADE A MOTION TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS. THE MOTION INCLUDED THE RECOMMENDATION TO HOLD THE INFLATIONARY INCREASE ON FOOD.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Coffin, Assemblyman Griffin, Assemblywoman Giunchigliani, and Speaker Perkins were not present for the vote.)
BUDGET CLOSED.
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DEPARTMENT OF CORRECTIONS
LOVELOCK CORRECTIONAL CENTER (101-3759)
EXECUTIVE BUDGET PAGE NDOC-79
Mr. Raxter said the major issue in the budget was regarding the Forensic Specialist positions. He said that staff recommended approval of that item as indicated through a previous motion made earlier in the meeting on the Northern Nevada Correctional Center budget account.
Mr. Raxter said the budget also had a special projects decision unit for flood berm repair and asphalt sealing. He said either the funding could be left within the budget account for the paving projects or funding could be deleted in that budget account and a Letter of Intent to the Public Works Board could be issued requesting that the funding for the project be included in the recommended funding that the Legislature would approve for the statewide CIP paving program.
Mr. Raxter said the final issue in the budget account was regarding decision unit E-957, which was a recommendation made by the Governor to transfer the Chaplain position at that institution to the new, proposed Correctional Programs Division. Mr. Raxter said the budget for that division had not been heard by the Subcommittee and would be scheduled for the following week. Mr. Raxter pointed out that any action the Subcommittee might take in the meeting should be contingent upon Subcommittee approval of the establishment of that new division. Mr. Raxter said the Governor recommended that the Chaplain position at Lovelock and the three other Chaplain positions within the Department be transferred to the Correctional Programs Division. Mr. Raxter said that the Correctional Programs Division had been recommended by the Governor to centralize all the inmate programming services within the Department, including religious programs, educational programs, substance abuse programs, and programs in a number of other areas.
ASSEMBLYMAN MARVEL MADE A MOTION TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS. THE MOTION INCLUDED THE DELETION OF THE FUNDING FOR THE PAVING PROJECT FROM BUDGET ACCOUNT 101-3759 AND PROVIDING A LETTER OF INTENT TO THE PUBLIC WORKS BOARD INDICATING THAT THE PAVING PROJECT SHOULD BE PRIORITIZED SO THAT IT COULD BE COMPLETED THROUGH THE FUNDING APPROVED BY THE 2003 LEGISLATURE FOR THE CIP STATEWIDE PAVING PROGRAM. THE MOTION ALSO INCLUDED THE REMOVAL OF THE CHAPLAIN POSITION FROM THE BUDGET AND PLACING IT IN THE CORRECTIONAL PROGRAMS DIVISION BUDGET, AS WELL AS OTHER TECHNICAL ADJUSTMENTS.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Coffin, Assemblyman Griffin, Assemblywoman Giunchigliani, and Speaker Perkins were not present for the vote.)
BUDGET CLOSED.
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DEPARTMENT OF CORRECTIONS
STEWART CONSERVATION CAMP (101-3722)
EXECUTIVE BUDGET PAGE NDOC-91
Mr. Raxter stated that the budget included a food inflationary increase and action had been deferred on that item.
ASSEMBLYMAN MARVEL MADE A MOTION TO CLOSE THE BUDGET AS RECOMMENDED BY THE GOVERNOR TAKING INTO CONSIDERATION THE ACTIONS PREVIOUSLY TAKEN BY ASSEMBLY MEMBERS OF THE SUBCOMMITTEE REGARDING THE FOOD INFLATION ISSUE.
ASSEMBLYWOMAN LESLIE SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Coffin, Assemblywoman Giunchigliani, and Speaker Perkins were not present for the vote.)
BUDGET CLOSED.
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DEPARTMENT OF CORRECTIONS
INDIAN SPRINGS CONSERVATION CAMP (101-3725)
EXECUTIVE BUDGET PAGE NDOC-101
Mr. Raxter said there were no major issues in the budget account although staff had made one technical adjustment to reduce the amount of vehicle operation costs by $1,555 in each year of the 2003-05 biennium to reflect one-time increased costs incurred in FY2001-02.
ASSEMBLYMAN MARVEL MADE A MOTION TO CLOSE THE BUDGET AS RECOMMENDED BY STAFF WITH TECHNICAL ADJUSTMENTS. THE MOTION INCLUDED THE RECOMMENDATION TO HOLD THE INFLATIONARY INCREASE ON FOOD.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (Senator Coffin, Assemblywoman Giunchigliani, and Speaker Perkins were not present for the vote.)
BUDGET CLOSED.
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DEPARTMENT OF CORRECTIONS
WARM SPRINGS CORRECTIONAL CENTER (101-3716)
EXECUTIVE BUDGET PAGE NDOC-27
Mr. Raxter said Budget Account 101-3716 also included Forensic Specialist positions transferring in from the Medical Division. Mr. Raxter said he recommended approval of that item as had been done in the previous budget accounts.
Mr. Raxter stated that staff recommended deferral of the food inflation allowance by the Assembly members of the Subcommittee.
Mr. Raxter said that decision unit E-600 recommended the conversion of the Warm Springs Correctional Center from a medium custody facility to a minimum custody facility effective July 2003. With the conversion there would be an elimination of 28 positions. Mr. Raxter said that staff had made one technical adjustment to the uniform allowance for an additional reduction of $3,447 in each year of the biennium.
Mr. Raxter noted that the Department’s master plan assumptions for male inmates indicated there would be a deficit of minimum custody beds in June 2003 without the conversion of that facility. Mr. Raxter said that one issue had been brought before the Subcommittee in previous hearings related to the staffing level that had been recommended by the Governor in the area of administration and overall custody management of the facility. Mr. Raxter said the Governor recommended that the facility have a Warden, an Associate Warden of Operations, and three Correctional Lieutenants, one per shift, for administration and custody management. Mr. Raxter described the facility as a 550-bed minimum security facility. Mr. Raxter said the level of staffing for administration was significantly higher than what presently existed for minimum custody facilities within the Department. He said the 240-bed conservation camps, which were half the size of the Warm Springs facility, could be used as a comparison. Mr. Raxter said they were managed by one on-site Correctional Lieutenant and one Warden who was located at a nearby institution. Mr. Raxter said that based on that information he recommended approval of the decision unit but with the elimination of the Associate Warden of Operations position, thereby providing a staffing level of four administration and custody management positions. The remaining positions would be the Warden position and three Correctional Lieutenants, which would reflect the minimum custody classification of the facility while recognizing the larger size of the facility.
Ms. Jackie Crawford, Director, Department of Corrections, introduced herself. She said she would like to comment on the staff recommendations. Ms. Crawford said that when she studied and staffed the budget, she had looked very carefully at what was needed. She said the institution was being transitioned from medium to minimum security. Ms. Crawford said that during that period of time, as an outgrowth of the study committee, the Department had looked at how many people had been classified to medium security and should have the classification reviewed. Ms. Crawford said that it was the first challenge in the state to open a facility that large. She said the Department had chosen to delete the Associate Warden of Programs because of the different mix of people. She said it would be multifaceted and would have people not only going into the forestry camps but also working on jobs inside the institution. It would also be housing those individuals that were medically challenged. Ms. Crawford described it as a “mixed bag” of classification in minimum security but with numerous different kinds of needs and management. Ms. Crawford asked the Subcommittee to please allow the transition and review the situation within a couple of years as she thought that would give her enough time to determine the staffing patterns and see if the program worked. Ms. Crawford asked for the Subcommittee’s indulgence in consideration of the staffing.
Chairman Parks asked if there were other comments.
Assemblyman Marvel asked if Ms. Crawford agreed with the recommendation to eliminate the Associate Warden of Operations position.
Ms. Crawford said she was asking that the Subcommittee reconsider the recommendation to eliminate the Associate Warden of Operations position. She asked that it be left in the budget as the Governor had recommended.
Assemblymen Marvel asked if Ms. Crawford agreed with the other proposed reductions and Ms. Crawford said she did.
ASSEMBLYMAN MARVEL MADE A MOTION TO CLOSE THE BUDGET AS RECOMMENDED BY STAFF WITH RETENTION OF THE ASSOCIATE WARDEN OF OPERATIONS IN THE BUDGET.
THE MOTION WAS SECONDED BY SENATOR RHOADS.
Chairman Parks requested that the motion be held until after the other recommendations were presented by Mr. Raxter.
Mr. Raxter said there were several technical adjustments in the base budget. He said the Budget Division had submitted a budget modification for installation of a trash compactor and the costs related to that. Mr. Raxter said he had made a technical adjustment to correct the dollar amount on the uniform allowance and there was also a technical adjustment of $630 per year in the M‑100 decision unit for the cost of vehicle insurance.
Chairman Parks explained that the pending motion included the retention of the position of Associate Warden of Operations. He said he could understand why it might be necessary to have the Associate Warden of Operations but he had some concerns regarding the position. Chairman Parks asked for any additional discussion on the motion.
THE MOTION FAILED WITH CHAIRMAN PARKS AND ASSEMBLYWOMAN LESLIE VOTING NO. (Senator Coffin, Assemblywoman Giunchigliani, and Speaker Perkins were not present for the vote.)
Chairman Parks said there was approval of the budget by the Senate members of the Subcommittee and there was no approval by the Assembly members.
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Chairman Parks thanked the Department of Public Safety and turned the gavel over to Senator Rhoads as he had to leave the meeting.
DEPARTMENT OF PUBLIC SAFETY
CRIMINAL HISTORY REPOSITORY (101-4709)
EXECUTIVE BUDGET PAGE PS-42
Chairman Rhoads opened the hearing on Budget Account 101-4709 and asked Mr. Rodriguez to discuss the budget.
Mr. Jim Rodriguez, Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau, introduced himself and said the major issue associated with the budget account was the significant shortfall in court assessments. Mr. Rodriguez said A.B. 29 had been introduced on behalf of the Administrative Office of the Courts and would increase the assessments on misdemeanors by $10. Mr. Rodriguez said that by statute 49 percent of that funding would be available for allocation to certain Executive Branch budget accounts and funds. Mr. Rodriguez stated that the Budget Office estimated that $982,014 in the first year and $1,041,034 in the second year would be available to the Criminal History Repository (CHR) to cover expenses associated with the criminal portion of the operations of the repository.
Chairman Rhoads asked if A.B. 29 was in the Assembly Committee on Ways and Means and Mr. Rodriguez answered that it was.
Mr. Rodriguez noted that the major cost drivers in the budget account were related to the switching structure and data communications systems that were assessed to the Criminal History Repository through the Public Safety Technology Division. Mr. Rodriguez said the CHR would be assessed $556,996 in FY2004 and $720,650 in FY2005 in addition to the amounts recommended in the base budget.
Mr. Rodriguez said that he had reviewed the funding maps and the allocations as presented in The Executive Budget and determined that even with the increased assessments it appeared that, based on the Governor’s recommended budget, the agency would realize a slight shortfall in assessment revenue in the first year and a slight overage in the second year. Mr. Rodriguez said that budget reductions in the Technology Division side should make those revenues “flush” in the first year and a slight shortfall in the second year. Mr. Rodriguez noted that reserves funding was available to address the issue.
Mr. Rodriguez said the budget account had suffered shortfalls on the civil side of the operations and the agency had initiated a fee increase of $6 in its fingerprint card process effective February 2003. Mr. Rodriguez said that adjustment was reflected in the base budget. He said the agency had reexamined its revenue projections and indicated that there should be some adjustment based on the new work card changes that had recently been implemented. Mr. Rodriguez said he did not have enough historical information to show what the adjustment should be so staff would recommend that the Subcommittee maintain the revenue projections as presented in The Executive Budget with the understanding that the agency could go to the Interim Finance Committee (IFC) if revenues did come in higher than anticipated.
Chairman Rhoads asked if Nevada’s fees with the new fee increases would be higher than other states. Mr. Rodriguez responded that staff had not done a comparison of the fees with other western states but staff had done a comparison of the cost of the service versus the fee. Mr. Rodriguez said the fee had not been increased in some time and the fee increase was due to the matching of the cost of service to the card processing. He said staff had validated that the agency was recuperating costs at the appropriate level.
Mr. Jeffrey Artz, Records and Identification Bureau, Department of Public Safety, introduced himself. He said the Criminal History Repository (CHR) did a comparative study when the fee increase for fingerprint card processing was suggested. Mr. Artz said the agency had not had a fee increase since 1989 and the agency had been getting along at a $15 fee. Mr. Artz said the fee comparison done of the western states had found that the average fee in the western states was $22 and Nevada would be approximately $1 under the average fee in the western states. Mr. Artz said the agency also did a cost analysis of what it cost the agency to process a fingerprint card and that came in at $21.06 per card.
Assemblyman Marvel said an audit performed on the CHR revealed that it was behind in its caseload and he wondered if the CHR had caught up in the past few months. Mr. Artz said the fingerprint backlog that was addressed in the audit had been caught up and that the backlog currently stood at “under 10,000 fingerprint cards.” Mr. Artz said that backlog occurred recently due to some technical issues with the Las Vegas Metropolitan Police Department’s automated print program. Mr. Artz said that at one time the backlog had been at approximately 90,000 fingerprint cards.
Assemblyman Marvel asked if the CHR would be working with the Gaming Control Board on background checks. Mr. Artz said that was already being done. Mr. Artz stated he did not know what would happen with the work cards but he was monitoring the gaming bills, however, until one was passed the agency could not plan on doing anything. Mr. Artz said he did know that the agency would continue to process the applicant fingerprint cards regardless of what would happen with new legislation.
Mr. Rodriguez said that decision unit E-710 requested replacement computers and a paper shredder. Mr. Rodriguez said staff had made technical adjustments based on revised pricing from State Purchasing. Mr. Rodriguez said that staff recommended, based on difficulties projecting where court assessments would fall and understanding that the agency had little recourse to the availability of other funding in case there was a shortfall, that the Subcommittee implement a $100 General Fund appropriation into the budget that would allow the agency to go to the IFC and request an allocation from the Contingency Fund in the event the quarter census should fall short of projections.
ASSEMBLYMAN MARVEL MADE A MOTION TO CLOSE THE BUDGET AS RECOMMENDED BY STAFF.
ASSEMBLYWOMAN LESLIE SECONDED THE MOTION.
THE MOTION CARRIED. (Assemblyman Parks, Assemblywoman Giunchigliani, Speaker Perkins, and Senator Coffin were not present for the vote.)
BUDGET CLOSED.
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Chairman Rhoads asked for information on S.B. 218. Mr. Rodriguez responded that S.B. 218 proposed the elimination of the ability to charge a fee for Sex Offender Registry (SOR) searches. Currently, that brought in approximately $10,753 in each year of the biennium. Mr. Rodriguez said that fee would be eliminated and would have to be absorbed in their operations.
DEPARTMENT OF PUBLIC SAFETY
TRAINING DIVISION (101-3775)
EXECUTIVE BUDGET PAGE PS-104
Mr. Rodriguez said the issue in the budget was the appropriate use of Highway Funds in the Training Division and who would be trained with the funds. The agency had indicated it was in the process of redesigning its training program and its recruitment program within the Highway Patrol. Mr. Rodriguez said the Subcommittee had indicated it had issues with the fact that the agency had not performed a full academy in well over one and one-half years. He said the agency had indicated that it had put everything on hold until it could redesign the process. Mr. Rodriguez said the agency indicated it had completed the preliminary process of the redesign and was ready to commence the training program.
Chairman Rhoads asked if the training program had been redesigned yet.
Col. David S. Hosmer, Nevada Highway Patrol, Department of Public Safety, introduced himself. He said the Department was in the final stages on the background investigation process and the Department was done with the field training process. Col. Hosmer said it was an exciting time because they were “locking and loading” and getting ready to go.
Senator Tiffany asked what the food allowance was for cadets. Mr. Rodriguez answered that the allowance was $26 per cadet per day for food while in the academy.
Senator Tiffany asked if there was any alternative for funding other than the General Fund. She said she recognized that funds from the Highway Fund could be expended only in certain areas.
Mr. Rodriguez said he did not believe there were any alternatives other than the General Fund. He said that in the past state Highway Funds had been used to finance that function and that was based on the number of Highway Patrol troopers that were trained and the number of non-Highway Patrol employees. Mr. Rodriguez said that, based on a schedule the agency provided, staff had estimated about 90 percent of the cadets to be trained would be Highway Patrol cadets and funding would come out of the Highway Fund. The other funding would have to come from the General Fund.
Senator Tiffany asked if the cities or counties where the trainees came from could be assessed for training.
Chairman Rhoads said he believed Senator Tiffany was getting the Highway Patrol Academy confused with the Peace Officers Standards and Training (POST). Chairman Rhoads asked Col. Hosmer to explain.
Col. Hosmer explained that the 10 percent of the trainees that were not Highway Patrol cadets were from the Department of Parole and Probation and the Nevada Division of Investigations (NDI). He said they were still state employees.
Senator Tiffany asked if the state agencies could be assessed if they were not General Fund agencies.
Mr. Steve Abba, Principal Deputy Fiscal Analyst, Legislative Counsel Bureau, responded that the Department of Parole and Probation was a General Fund agency and the 10 percent of the trainees that were not Highway Patrol cadets were from the Department of Parole and Probation. Mr. Abba said that staff felt the expense was a legitimate General Fund cost.
Mr. Rodriguez stated that currently the funding in the budget was allocated 96 percent to the Highway Fund and 4 percent to the General Fund. Mr. Rodriguez recommended an adjustment in the funding proportion based on the information provided by the agency. Mr. Rodriguez explained that an adjustment would be needed to adjust the funding to the 90 percent/10 percent ratio. He said the budget adjustment would be an increase in General Fund appropriations of $48,322 in the first year and $47,306 in the second year, with an offsetting adjustment to the Highway Fund of a negative $74,039 in FY2004 and $67,123 in FY2005.
Chairman Rhoads asked if that was in addition to what the Governor recommended and Mr. Rodriguez said it would be an adjustment to what was shown in The Executive Budget. Mr. Rodriguez said the $8,250 would come from other fees, such as resale of lead from the firing range, and staff recommended that it be left in the budget.
Mr. Rodriguez stated that the agency was requesting an increase in the food allowance based on the level of training that the agency was projecting for the current biennium. Staff recommended that the food allowance remain at the current level of FY2002 and as that program progressed and “came up to full speed” staff recommended that it be adjusted to the FY2003 level and the work program level in the second year of the biennium.
Mr. Rodriguez said that decision unit E-276 recommended funding of $21,218 in FY2004 and $18,049 in FY2005 to provide simulation training on force techniques by the Training Division. He said staff recommended approval of that decision unit.
Mr. Rodriguez said decision unit E-710 recommended replacement of certain equipment and staff had made some technical adjustments based on adjustments for equipment that had already been purchased in FY2002 and technical adjustments on cost.
Mr. Rodriguez said decision unit E-720 recommended funding for equipment. Staff had made technical adjustments to the computer costs for revised pricing from State Purchasing.
ASSEMBLYWOMAN LESLIE MADE A MOTION TO CLOSE THE BUDGET WITH STAFF RECOMMENDATIONS.
ASSEMBLYMAN MARVEL SECONDED THE MOTION.
THE MOTION CARRIED. (Assemblyman Parks, Assemblywoman Giunchigliani, Speaker Perkins, and Senator Coffin were not present for the vote.)
BUDGET CLOSED.
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SPECIAL PURPOSE AGENCIES
NATIONAL GUARD BENEFITS (101-3653)
EXECUTIVE BUDGET PAGE MILITARY-8
Ms. Mindy Braun, Education Program Analyst, Legislative Counsel Bureau, referred the Subcommittee to Exhibit C, a memorandum dated April 24, 2003, addressed to the Subcommittee on Public Safety, Natural Resources, and Transportation, from Ms. Mindy Braun.
Ms. Braun said that during the April 17, 2003, hearing for the National Guard Benefits Program, the budget was closed by the Assembly Subcommittee as recommended by the Governor. She said The Executive Budget recommended state General Funds in the amount of $92,572 in each fiscal year to continue the program. Ms. Braun said that amount included the 3 percent reduction of $2,864 in each fiscal year. The Senate Subcommittee did not close the budget on April 17 and requested information concerning the amount of additional funding that would be required to increase the percent of tuition reimbursement to at least a 50 percent level. Currently, the agency had indicated that it was approximately 44 percent. Ms. Braun referred the Subcommittee to page 3 of Exhibit C for estimates of the increases. She said staff had estimated that an appropriation of approximately $12,000 in each fiscal year of the biennium would increase the tuition reimbursement rate to the 50 percent level. Ms. Braun said that would be a General Fund appropriation of $104,572 in total for each year and that would bring the reimbursement rate to 50 percent for the summer, spring, and fall semesters.
Ms. Braun alerted the Subcommittee to S.B. 306, which had been amended and passed by the Senate Committee on Government Affairs. That particular bill would authorize the Board of Regents to grant a waiver of all tuition, registration fees, and laboratory fees for recruits and active members of the National Guard. Ms. Braun said that if the bill was passed it would, in her opinion, eliminate the need for Budget Account 101-3653.
General Giles E. Vanderhoof, the Adjutant General of Nevada, Office of the Military, introduced himself. General Vanderhoof said S.B. 306 had been favorably received in the Senate and passed out of the Senate with 3 dissenting votes and 18 in favor of the bill. General Vanderhoof said he had a concern with the wording in the bill that the Board of Regents “may,” rather than “shall,” perform. General Vanderhoof said if the wording was “shall” that would be a better benefit for the guardsmen than what was included in Budget Account 101-3653. General Vanderhoof said he would be requesting the Legislature to consider changing the language so that the Guard did not end up in a situation where something changed and the guardsmen had no educational benefits if S.B. 306 passed and negated Budget Account 101-3653.
Chairman Rhoads asked if there would be $12,000 each year above and beyond the Governor’s recommendation if the recommendation in the budget was approved. Ms. Braun indicated that was correct.
Ms. Braun said that the Assembly had previously approved the budget as recommended by the Governor. Ms. Braun said the Senate had asked for the additional information to determine what it wanted to do. She said Exhibit C contained the additional information. Ms. Braun clarified that the Subcommittee could take the funding to the 50 percent level or it could approve the budget as recommended by the Governor.
Senator Tiffany stated that she had voted against the funding in the Government Affairs Committee, on the Floor of the Senate, and in the budget hearing. She said she had voted against the funding because it required a grade point average of 2.0 to attend the University System. Senator Tiffany said she was vehemently against a 2.0 being allowed in a university. She said it was appropriate for a community college or the state college but it was not appropriate to give a scholarship to attend the University System with a 2.0 grade point average. Senator Tiffany said she would vote against the approval of the budget if there was a vote.
Chairman Rhoads said that as a former National Guardsman, he knew how important it was to provide some type of incentive to join the National Guard and he thought that education was a great incentive. Chairman Rhoads said he would like to delay the vote until a full committee was present.
General Vanderhoof said that Chairman Rhoads was correct, that education was one of the finest recruiting incentives available in the National Guard. He said he had verified with the recruiters on numerous occasions that education was one of the best selling points the Guard had. General Vanderhoof pointed out that it was not a scholarship program and a 2.0 was the grade point required to graduate from college. General Vanderhoof said the guardsmen were a different category of people. Rather than a scholarship it was an incentive to get people to join the military who may possibly have different career paths than people who would be in scholarship programs.
There being no further business, Chairman Rhoads adjourned the meeting at 9:20 a.m.
RESPECTFULLY SUBMITTED:
Lila Clark
Committee Secretary
APPROVED BY:
Assemblyman David Parks, Chairman
DATE:
Senator Dean A. Rhoads, Chairman
DATE: