MINUTES OF THE

JOINT Subcommittee on

General Government

of the

Senate Committee on Finance

AND THE

Assembly Committee on Ways and Means

 

Seventy-second Session

May 6, 2003

 

 

The Joint Subcommittee on General Government of the Senate Committee on Finance and the Assembly Committee on Ways and Means was called to order by Chairman Sandra J. Tiffany at 8:15 a.m. on Tuesday, May 6, 2003, in Room 2134 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

 

Senate COMMITTEE MEMBERS PRESENT:

 

Senator Sandra J. Tiffany, Chairman

Senator Dean A. Rhoads

Senator Bob Coffin

 

Assembly COMMITTEE MEMBERS PRESENT:

 

Mrs. Vonne Stout Chowning, Chairman

Mr. Bob Beers

Mr. Joshua B. Griffin

Ms. Kathryn A. McClain

Mr. David R. Parks

 

STAFF MEMBERS PRESENT:

 

Mark W. Stevens, Assembly Fiscal Analyst

Bob Guernsey, Principal Deputy Fiscal Analyst

Joyce Garrett, Program Analyst

Jim Rodriguez, Program Analyst

Michael Archer, Committee Secretary

 

OTHERS PRESENT:

 

Gail J. Anderson, Administrator, Real Estate Division, Department of Business and Industry

Renee Diamond, Administrator, Manufactured Housing Division, Department of Business and Industry         

Dave Kimball, Deputy Commissioner, Transportation Services Authority, Department of Business and Industry

A.R. Fairman, Lobbyist, Budget Chauffer Drive, Pty. Ltd.

Myla C. Florence, Director, Department of Employment, Training and Rehabilitation

Michael Diamond, Nevada Committee of Blind Vendors, Inc.


Joyce Garrett, Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau:

I will discuss budget account (B/A) 101-3820 from budget Closing List #8 (Exhibit C. Original is on file in the Research Library.). The closing issues include addressing the large reserve balance projected in the Governor’s budget, and the affect of Senate Bill (S.B.) 100 on the existing fee structure and reserve funds.

 

SENATE BILL 100: Makes various changes to provisions governing common‑interest communities. (BDR 10-29)

 

I will review the new positions proposed in enhancement E-350, and the staff recommendation for a Letter of Intent to the Real Estate Division to develop a cost-allocation plan for the administrative assistant position. Additionally, I will cover the Governor’s recommendation to transfer reserve funds to support the proposed licensing system in maintenance decision unit M-300, print common interest handbooks in E-502, send a Real Estate Division employee to the U.S. Ombudsman Association national conference in E-503, and replace computer equipment associated with software upgrades in E-710.

 

B&I Common Interest Communities – Budget Page B&I- 26 (Volume 2)

Budget Account 101-3820

 

M-300 Fringe Benefit Changes –Page B&I-27

E-350 Service At Level Closest To People– Page B&I-29

E-502 Accessible, Flexible, Cost-Efficient Government- Page B&I- 30

E-503 Accessible, Flexible, Cost-Efficient Government- Page B&I- 30

E-710 Replacement Equipment- Page B&I- 32

 

Senator Tiffany:

Is the transfer of $199,000, in M-300, new information we received from the Real Estate Division?

 

Ms. Garrett:

It is not new. It is the same amount we discussed in our correspondence.

 

Senator Tiffany:

How does such a large reserve accumulate?

 

Mark W. Stevens, Assembly Fiscal Analyst, Fiscal Analysis Division, Legislative Counsel Bureau:

Revenues have risen dramatically in this account over the last few years. We anticipate it to increase annually by 8 percent. If you add in the affects of S.B 100, the operating costs, and the annual inflationary increase of 3 percent per year, and the reserve would be depleted in fiscal year (FY) 2008.

 

Senator Tiffany:

We are facing two scenarios, one if S.B. 100 passes and one if it does not pass. To close the budget today, the reserves will have to be adjusted at some point. Let us anticipate a cap on the reserves for no more than 120 days. If S.B. 100 does not pass, we will have the Real Estate Division come back to readjust their fees. If S.B. 100 does pass, they will still have to come back to adjust their reserve.

 

Assemblywoman Chowning:

I think the cap makes a lot of sense, but why 120 days when we traditionally use a 60-day cap?

 

Mr. Stevens:

This would be something that you would have to do in legislation if you wanted to make it work. If you mandate that the agency reduce its fees, then you will probably not want to confine it by making the limit only 60 days.

 

Assemblywoman Chowning:

This revenue will grow because there are so many new common interest communities coming in the future. I disagree that this revenue will be depleted by FY 2008. I do not see the patterns of these associations changing.

 

Gail J. Anderson, Administrator, Real Estate Division, Department of Business and Industry:

I have no problem with reducing fees once we know S.B. 100 has passed. We are projecting that there will be growth. We will try to find unregistered associations and try to adopt, by regulation, a more formalized exemption process. We anticipate the secretary of state has an Assembly bill that gives us some better coordination with the Office of the Secretary of State by requiring any association that files for corporate status to include the unit or homeowner association in its name. This will help us track this through the secretary of state database.

 

Assemblywoman Chowning:

Do you agree that the 120 days is a reasonable cap for the reserve balance?

 

Ms. Anderson:

That sounds reasonable to me.

 

Assemblywoman Chowning:

I am concerned because, when we asked whether there was any backlog in mediations, the Real Estate Division said there was not. Why are the two program officers needed if there is no current backlog?

 

Ms. Anderson:

There is more work than just the mediation alternative dispute resolution process. The backlog did not consider the number of phone calls and other assistance to the public. Right now we just have the ombudsman and a program officer who is in charge of the alternative dispute resolution program. The number of contacts with people who need help, plus the volume of training and information, indicates we need the additional positions.

 

Assemblywoman Chowning:

There are four positions now, and this is requesting four more. In S.B. 100, there are six positions requested. It appears we are going from 4 to 14 positions. Is there physical room in which to put all these people? Are all 10 necessary? We should issue the Letter of Intent to request the cost‑allocation plan for the receptionist position.

 

Ms. Anderson:

The four positions in the Governor’s budget were developed to help us cope with the current workload. One of those positions is for an administrative person who will be my staff person. The additional positions in S.B. 100 relate to the creation of a commission and the data collection that is required by the bill.  We have looked carefully at the function of the positions in the bill and feel they are necessary. If I need to make an adjustment, I would discuss this with our budget analyst, but we may be able to do with one less program officer position.

 

Senator Tiffany:

If S.B. 100 passes, I do not think you would need that program officer position. What positions do you think the cost-allocations need to reflect?

 

Ms. Anderson:

What I have in mind is an administrative assistant for the program officers, which would also be the first-line of phone calls for the ombudsman. At this time, I am not anticipating an allocation into another budget. The positions would all work within B/A 101-3820. 

 

Ms Garrett:

It sounds like we will not need a cost-allocation because this position will not be shared among the Real Estate Division agencies.

 

Senator Tiffany:

If S.B. 100 passes, would you have to hire the second program officer requested in E-350?

 

Ms. Anderson:

No, we would not have to hire for that position.

 

Senator Tiffany:

The Real Estate Division has agreed to increase funding for its new licensing system. This will reduce General Fund support by the same amount.

 

Assemblywoman Chowning:

The total cost is still $897,000. Does that mean $104,507 is coming out of that amount?

 

Ms. Anderson:

No, the $199,507 adjustment comes from the total of $897,999.

 

Assemblywoman Chowning:

The benefit to the public from this system will be great.

 

Senator Tiffany:

Have you thought about putting the common interest handbook on your Web site so people can download it?


Ms. Anderson:

Yes, they are available now on the Legislative Web site. We can create a link to that. We have found that people who teach classes and give seminars like to have bound handbooks. We will be mindful not to overload the supply inventory.

 

Assemblyman Beers:

This is not a common interest community association conference, but merely an ombudsman conference. What benefit would be gained by the trip?

 

Ms. Anderson:

It is a general ombudsman conference. We wanted to further educate and communicate.

 

Assemblyman Beers:

I would have preferred to have a value assessment of that trip decided before this budget hearing.

 

Senator Tiffany:

If S.B. 100 passes, do you have the space to put the extra people?

 

Ms. Anderson:

Yes, there is space available in the Bradley Building.

 

Assemblywoman Chowning:

I wish to disclose that I am a state-licensed real estate agent, and my husband is a state-licensed real estate broker. This budget will affect me directly and I will be voting on it.

 

ASSEMBLYWOMAN CHOWNING MOVED TO APPROVE B/A 101-3820 WITH ONE PROGRAM OFFICER ELIMINATED AND M-300 AND E-502 WILL BE APPROVED WITH STAFF RECOMMENDED TECHNICAL ADJUSTMENTS, AND E-503 WILL BE ADJUSTED TO APPROVE $2000 FOR THE FIRST YEAR AND NOTHING FOR THE SECOND YEAR, AND E‑710 WILL BE APPROVED WITH STAFF RECOMMENDATION AND TECHNICAL ADJUSTMENTS, AND THE RESERVE BALANCE CAPPED AT 120 DAYS AND ALLOW FOR THE RATE TO BE ADJUSTED NEXT FISCAL YEAR, IF S.B 100 IS PASSED.

 

ASSEMBLYMAN GRIFFIN SECONDED THE MOTION.

 

Senator Tiffany:

Why is the cost of sending one person to the conference $2000? That seems high to me.

 

Ms. Anderson:

The conference will be in Honolulu this September, but I am not sure of the exact costs.

 

Assemblywoman Chowning:

Even a conference in Honolulu should not cost $2000.

 

Assemblyman Parks:

I wish to disclose that I am a real estate licensee and live in a common interest community, but the dues are below the threshold, and so I do not pay. This will not affect me any differently than anyone else and I will be voting

 

Assemblyman Beers:

I would like some clarification. If S.B. 100 passes, is the total number of positions then nine?

 

Senator Tiffany:

The total positions would go down to seven, because one program officer would not be hired.

 

Assemblyman Beers:

My concern is that it seems the intent of S.B. 100, and the additional four positions in the budget, are the same.

 

Senator Tiffany:

Not all four positions are a crossover of what the six positions would be if S.B. 100 passes.

 

Assemblyman Beers:

What if S.B 100 does not pass?

 

Senator Tiffany:

Then they get the two program officers and the administrative assistant.

           

ASSEMBLY: THE MOTION CARRIED. (ASSEMBLYMAN BEERS VOTED NO. ASSEMBLYWOMAN MCCLAIN WAS ABSENT FOR THE VOTE.)

           

SENATE:  THE MOTION CARRIED UNANIMOUSLY.

                                                           

                                                            *****

 

Ms. garrett:

The next item is B/A 216-3826 on page 7. This budget item has already been closed. The Governor recommends the transfer of $35,000 from the FY 2003‑2004 reserve, contingent upon the passage of B/A 191-1325, in the Administrations Information Technology budget. This will be applied to the new licensing system, in E-300, that will reduce the General Fund appropriation.

 

B&I, Real Estate Education And Research – Budget Page B&I- 17 (Volume 2)

Budget Account 216-3826

 

E-300 Maximize Internet & Technology – Page B&I –19

 

ASSEMBLYWOMAN CHOWNING MOVED TO REOPEN B/A 216‑3826.

           

ASSEMBLYMAN PARKS SECONDED THE MOTION.

           

ASSEMBLY: THE MOTION CARRIED. (ASSEMBLYWOMAN MCCLAIN WAS ABSENT FOR THE VOTE.)

           

SENATE:  THE MOTION CARRIED UNANIMOUSLY.

 

                                                            *****

 

SENATOR RHOADS MOVED TO APPROVE THE $97,753, IN B/A 216‑3826, E-300 OVER THE BIENNIUM TO SUPPLEMENT THE REAL ESTATE DIVISION LICENSING SYSTEM.

           

ASSEMBLYMAN GRIFFIN SECONDED THE MOTION.

           

ASSEMBLY: THE MOTION CARRIED. (ASSEMBLYWOMAN MCCLAIN WAS ABSENT FOR THE VOTE.)

           

           

SENATE:      THE MOTION CARRIED UNANIMOUSLY.

 

                                                            *****

 

Ms. Garrett:

I will read the closing items in B/A 271-3814 on pages 9 through 11, which cover options to the problem of declining revenues and reserves. Also, issue a Letter of Intent to the agency to report revenue and expenditure data to the Legislative Counsel Bureau on a quarterly basis. In addition, this budget item proposes the elimination of four positions, and other small technical adjustments. On page 9 there is a typographical error; the FY 2003 “Total FTE” figure should be 13. The four positions to be eliminated are vacant, so they will not reduce this number of full-time employees (FTE).

 

B&I, Manufactured Housing – Budget Page B&I- 73 (Volume 2)

Budget Account 271-3814

 

Senator Tiffany:

Our concern is about the declining revenue. Can you live within the means of this budget amount?

 

Renee Diamond, Administrator, Manufactured Housing Division, Department of Business and Industry:

We laid off positions last year, eliminated space, closed the Elko office, and made other cuts. With the fee increases agreed to by the industry, we feel that we can make it on this budget.  

 

Senator Tiffany:

We will give you a Letter of Intent to report back to the Interim Finance Committee (IFC). By that time, you might have a better idea of your revenue situation.

 

Assemblywoman Chowning:

How much of a fee increase is this? It looks like the Governor’s recommendation is going to be about $215,000 too little for you to operate. Are you sure you will have enough money in your budget? Also, I still see television advertisements for manufactured homes. To whom are they being sold, and where are they being placed, if there are no new parks being projected?

 

Ms. Diamond:

The fee increases are based on this year’s performance and this increases the amount to $297,652. If we take the deficit and the increase of $97,000 in the attorney general’s charge to the division, we still come out with a net gain from the increased fees of $54,107. We are monitoring the performance closely. As for the placement of homes, the ones you see advertised on television are generally land and home packages outside of Clark County.

 

ASSEMBLYWOMAN CHOWNING MOVED TO APPROVE B/A 271-3814 WITH THE GOVERNOR’S RECOMMENDATION AND TECHNICAL ADJUSTMENTS BY STAFF, AND A LETTER OF INTENT TO THE REAL ESTATE DIVISION TO REPORT THE REVENUE AND EXPENDITURE DATA TO THE LEGISLATIVE COUNSEL BUREAU ON A QUARTERLY BASIS OVER THE BIENNIUM.

           

ASSEMBLYMAN PARKS SECONDED THE MOTION.

           

ASSEMBLY: THE MOTION CARRIED. (ASSEMBLYWOMAN MCCLAIN WAS ABSENT FOR THE VOTE.)

           

SENATE:  THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Ms. Garrett:

Budget account 630-3842, on pages 12 and 13, proposes the elimination of one administrative assistant position, which has been vacant since October 2002, and three small technical adjustments.

 

B&I, Mobile Home Lot Rent Subsidy  – Budget Page B&I- 77 (Volume 2)

Budget Account 630-3842

 

ASSEMBLYWOMAN CHOWNING MOVED TO CLOSE B/A 630-3842 AS RECOMMENDED BY THE GOVERNOR WITH TECHNICAL ADJUSTMENTS RECOMMENDED BY STAFF.

           

ASSEMBLYMAN PARKS SECONDED THE MOTION.                   

           

ASSEMBLY: THE MOTION CARRIED. (ASSEMBLYWOMAN MCCLAIN WAS ABSENT FOR THE VOTE.)

           

SENATE:  THE MOTION CARRIED. (SENATOR COFFIN WAS ABSENT FOR THE VOTE.)

 

                                                            *****

           
Senator Tiffany:

Mr. Beers, do you feel the cost of the Real Estate Division’s proposed licensing system is reasonable?

 

Assemblyman Beers:

Yes.

 

Senator Tiffany:

I am going to put together a subcommittee of Assemblyman Beers, Assemblyman Parks, Assemblywoman Chowning, and myself to look at the cost of that system.

 

Ms. Garrett:

I will now cover the closing issues in B/A 245-4130 on pages 14 through 16. Decision unit E-500 proposes an increase in taxicab trip charge fees due to a downturn in revenue. If S.B. 288 is passed, the fee will increase from 15 cents to 20 cents per trip. This decision unit also calls for the restoration of 11 positions and the addition of 3 new positions. It also includes funding for the Senior Ride Program. If S.B. 288 does not pass, nine of the positions would not be filled, and the Senior Ride program would not be funded by the agency. Also requested in this budget is the replacement of six patrol vehicles, in E-710.  Also, staff notes that while the Taxicab Authority testified that it would provide assistance to the Transportation Services Authority (TSA) in licensing limousine drivers, the TSA indicated it has no role in this.

 

B&I, Taxicab Authority – Budget Page B&I- 147 (Volume 2)

Budget Account 245-4130

 

E-500 Accessible, Flexible, and Responsive Government – Page B&I-149

E-710 Replacement Equipment ­– Page B&I-150

 

SENATE BILL 288: Increases fees for compensable trips of taxicabs and driver’s permit to operate taxicab. (BDR 58-1251)

 

Assemblywoman Chowning:

There has been no opposition to S.B. 288 so far. I am hoping the new positions will help solve some of the problems the public has been experiencing.

 

ASSEMBLYWOMAN CHOWNING MOVED TO CLOSE B/A 245-4130 WITH THE GOVERNOR’S RECOMMENDATION CONTINGENT ON THE PASSAGE OF S.B. 288.

           

ASSEMBLYMAN GRIFFIN SECONDED THE MOTION.

 

ASSEMBLY: THE MOTION CARRIED. (ASSEMBLYWOMAN MCCLAIN WAS ABSENT FOR THE VOTE.)

 

SENATE:  THE MOTION CARRIED. (SENATOR COFFIN WAS ABSENT FOR THE VOTE.)

 

                                                                        *****


Ms. Garrett:

I will go over the closing issues in B/A 226-3922, pages 17 and 18. Decision unit E-500 is contingent upon the passage of S.B. 192. This bill expands the authority of the TSA, and changes some fees. The agency submitted an amendment to reduce the annual fee for limousines from $350 to $200. Another closing item is M-400, which reinstates in-state and out‑of-state travel that was cancelled during FY 2001-2002. Decision unit E‑710 is to purchase computer equipment. Staff recommends a reduction in this request based on revised pricing.

 

B&I, Transportation Services Authority – Budget Page B&I- 152 (Volume 2)

Budget Account 226-3922

 

E-500 Accessible, Flexible and Cost-Efficient Government – Page B&I-155

M-400 Travel & Training Adjustment – Page B&I-154

E-710 Replacement Equipment – Page B&I-156

 

SENATE BILL 192: Makes various changes to provisions governing certain motor carriers and drivers. (BDR 58-537)

 

Senator Tiffany:

Will the expansion of authority be changed due to E-500? Also, what happens if S.B. 192 does not pass?

 

Ms. Garrett:

They have not changed any of the regulatory authority. If the bill does not pass, things will stay the same as they have been.

 

Assemblywoman Chowning:

There are several fee increases in this bill. Is the $200 fee just for limousines, or are other types of vehicles involved?

 

Dave Kimball, Deputy Commissioner, Transportation Services Authority, Department of Business             and Industry:

The other vehicles subject to this fee are the per capita carriers. As an example, a charter bus would not be included, but a bus that charged per the number of individuals it carries would be included. This includes airport shuttles that charge per individual, household goods movers and non-emergency medical carriers. We estimate about 830 limousines and about 160 other vehicles will be affected.

 

Assemblywoman Chowning:

I was completely unaware that these other vehicles are included. I was led to believe it was only for limousines. These other carriers do not know they are included in this. I expect a lot of opposition. How many complaints have there been to cause the increase in enforcement authority that is being requested?

 

Mr. Kimball:

I do not know the number of complaints, and I am not sure that is the reason for this bill. We have the responsibility for public safety on these types of vehicles. They have not been paying fees for the safety inspections we provide. It seems fair that everyone should be paying a share when they are fully regulated.

 

Assemblywoman Chowning:

What is considered a non-emergency medical vehicle or a household goods mover? Will they be assessed a fee, and how many are there?

 

Mr. Kimball:

The household goods movers are fully regulated. Their warehouse permits are $50 and they would also be subject to the annual fee of $200 per vehicle.

 

A.R. Fairman, Lobbyist, Budget Chauffer Drive, Pty. Ltd:

My concern is that the TSA requires all regulated carriers to be audited every year. The TSA has not been audited for several years. The next budget audit is not scheduled for another 2 years. I feel they should be audited sooner than that.

 

Senator Tiffany:

We will send a letter to the Legislative Commission asking that they move up the audit date for the TSA.

 

Mr. Kimball:

We have not had a full-blown audit recently, but our practices are so sound that we are used as the model for internal controls.

 

Senator Tiffany:

We will still send the letter.

 

Assemblyman Beers:

Are there 9.6 new FTEs in this budget?

 

Ms. Garrett:

That is what the Governor recommends. However, the bill has been amended and the agency has submitted a revised budget cutting down the number of new positions to 7.6 FTEs.

 

Senator Tiffany:

If the bill does not pass, they will get no new FTEs.

 

ASSEMBLYWOMAN CHOWNING MOVED TO CLOSE B/A 226-3922 WITH THE GOVERNOR’S RECOMMENDATION AND THE AGENCY’S ADJUSTMENT FROM 9.6 TO 7.6 FTE, ALL CONTINGENT ON THE PASSAGE OF S.B. 192, WITH TECHNICAL ADJUSTMENTS RECOMMENDED BY STAFF AND A LETTER OF INTENT TO THE LEGISLATIVE COMMISSION REQUESTING THE AUDIT DATE OF TSA BE MOVED UP.

           

ASSEMBLYMAN GRIFFIN SECONDED THE MOTION.

           

ASSEMBLY: THE MOTION CARRIED. (ASSEMBLYWOMAN MCCLAIN WAS ABSENT FOR THE VOTE.)

           

SENATE:  THE MOTION CARRIED. (SENATOR COFFIN WAS ABSENT FOR THE VOTE.)

 

*****

 

Ms. Garrett:

The next budget item is 226-3923, page 19 and 20. The only closing item in this budget is also tied to S.B. 192. It proposes to increase the amount of administrative fines and the authority to impound certain vehicles. The increased fine revenue would be used to help purchase the licensing system, lease additional space, and purchase enforcement equipment and vehicles.

 

B&I Transportation Services Authority Admin Fees – Budget Page B&I-158

(Volume 2)Budget Account 226-3923

 

E-500 Accessible, Flexible, Cost-Efficient Government – Page B&I - 159

 

Senator Tiffany:

What will happen to this budget if S.B 192 does not pass?

 

Ms. Garrett:

The decision unit E-500 will be eliminated if S.B. 192 does not pass. It would remain a status quo budget.

 

Assemblywoman Chowning:

With regard to the impounding of vehicles mentioned on page 19, in the case of household movers, would it be just the truck, or the truck and trailer. What would be impounded?

 

Mr. Kimball:

I do not know. We have never impounded a mover. Since most household movers use trucks without trailers, I would assume we would take the truck.

Household movers are very much in favor of this part of the bill.

 

Assemblywoman Chowning:

Can you provide that information before this afternoon’s meeting?

 

Mr. Kimball:

Yes. I would like to comment on the remark Mr. Fairman made earlier. The TSA does not audit the motor carriers annually. The carriers give us an annual report. We are unable to audit them because we do not have enough staff. This is part of what S.B 192 is expected to fix.

 

ASSEMBLYWOMAN CHOWNING MOVED TO CLOSE B/A 226-3923 AS RECOMMENDED BY THE GOVERNOR WITH TECHNICAL ADJUSTMENTS RECOMMENDED BY STAFF, CONTINGENT ON THE PASSAGE OF S.B. 192.

           

ASSEMBLYMAN PARKS SECONDED THE MOTION.

 

ASSEMBLY: THE MOTION CARRIED. (ASSEMBLYWOMAN MCCLAIN WAS ABSENT FOR THE VOTE.)

 

SENATE:  THE MOTION CARRIED UNANIMOUSLY.

 

                                                            ****

Mr. Rodriquez:                                                           

The budget details for account 101-3253 are presented on pages 21 through 23 of the closing document. The Nevada Committee of Blind Vendors (NCBV) expressed opposition to the Governor’s budget. The primary issue was that the Department of Employment, Training and Rehabilitation (DETR) did not involve the NCBV in development of the budget process and was not using Blind Business Enterprise Program (BBEP) funds correctly. Staff determined that DETR is acting properly in this regard, but other NCBV complaints, listed on page 22, may have merit. Staff recommends that DETR seek input from NCBV and develop a plan that will work for both of them.  Additionally, there are three small technical adjustments.

 

DETR, Blind Business Enterprise Program – Budget Page DETR-75 (Volume 2)

Budget Account 101-3253

 

Senator Tiffany:

Do you think the BBEP expansions and remodels, described on page 22, can be accomplished with this amount of funding?

 

Mr. Rodriguez:

If DETR and NCBV come to an agreement within the boundaries of the costs represented in this budget, I believe they can come to a workable plan.

 

Senator Tiffany:

A new committee was formed out of an election, and the old, defunct, committee did not recognize the new committee. Will this be purely the new committee, or will this include some of the vendors from the old committee too?

 

Myla C. Florence, Director, Department of Employment, Training and Rehabilitation:

The State-licensing agency is required under the Randolph Sheppard Act to have a committee of blind vendors participate in the direction of the program. We now have two committees, the NCBV, and the prior committee, called the Nevada Committee of Blind Vendors, Inc. We have no problem working with all vendors participating in the program, but it needs to be pointed out that there is a duly elected and recognized committee that has been upheld by a hearing office, and that is the NCBV.

 

Senator Tiffany:

How will you resolve disputes between the two committees on staffing and other issues? How often will they meet? Do you think it would help if we issued a Letter of Intent to ask that you meet once a month to resolve these differences?

 

Ms. Florence:

Nothing would please me more, if everybody were willing to come to the table and work around these issues. Ultimately the recognized committee would have more weight, but ideally there would be a consensus process. The frequency of the meetings will be based on the issues needing attention. A Letter of Intent is not needed because it is already our intent to resolve these problems, but pending litigation has a chilling effect on cooperation.

 

Assemblywoman Chowning:

I recommend that before we approve this budget we send DETR a Letter of Intent to submit quarterly reports to the IFC so that we can monitor the program progress.

 

Assemblywoman McClain:

Perhaps, in the Letter of Intent, we could ask them to look at where the blind vendors belong in either the newly-created Office of Disability Services (ODS) or DETR.

 

Ms. Florence:

The Blind Vendor Program must residewithin the Division of Vocational Rehabilitation, through the State-licensing agency, which is the Bureau of Blind Services. To address one of Assemblywoman Chowning’s earlier concerns, the vendor sites we incorporated in the budget were recommended by blind vendors, so to the extent individuals were willing to participate, that active participation has been solicited.

 

Assemblyman Beers:

I am confused on whether the emphasis is on training the vendors or finding them locations. Many have been in business for years and do not need training.

 

Ms. Florence:

I agree with you. The focus is on expanding and growing the program, and developing training for new vendors to be placed at new sites. There are many more vending opportunities than we have access to.

 

Senator Tiffany:

Does your staff have the expertise to give business training?


Ms. Florence:

Both in-house and outside resources would be used.

 

Assemblyman Beers:

How is Nevada doing compared to other states in implementing this program?

 

Ms. Florence:

We will try to get that information to you.

 

Michael Diamond, Nevada Committee of Blind Vendors, Inc:

I recommend you send the Letter of Intent to DETR and include the words “all vendors,” or we will not be included.

 

Senator Tiffany:

I ask you for your cooperation in solving these problems.

 

Assemblywoman Chowning:

How will DETR be able to deal with so many vendors?

 

Ms. Florence:

The meetings are open and all vendors are notified. It would be our desire for all vendors to participate.

 

ASSEMBLYWOMAN CHOWNING MOVED TO CLOSE B/A 101-3253 AS RECOMMENDED BY THE GOVERNOR WITH A LETTER OF INTENT TO DETR TO REPORT QUARTERLY ON THE PROGRESS BEING MADE WITH VENDORS AND TO PROVIDE INFORMATION COMPARING NEVADA’S PERFORMANCE IN IMPLEMENTING BBEP TO OTHER STATES, AND WITH TECHNICAL ADJUSTMENTS RECOMMENDED BY STAFF.

 

ASSEMBLYWOMAN MCCLAIN SECONDED THE MOTION.

 

ASSEMBLY: THE MOTION CARRIED UNANIMOUSLY.

 

SENATE:  THE MOTION CARRIED UNANIMOUSLY.

 

                                                 *****


Senator Tiffany:

There being no further business at this time, and no other questions, this meeting is adjourned at 10:28 a.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

 

Michael Archer,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Sandra J. Tiffany, Chairman

 

 

DATE:           

 

 

 

                       

Assemblywoman Vonne Stout Chowning, Chairman

 

 

DATE: