MINUTES OF THE ASSEMBLY COMMITTEE ON WAYS AND MEANS Sixty-eighth Session June 13, 1995 The Committee on Ways and Means was called to order at 7:42 a.m., on Tuesday, June 13, 1995, Chairman John Marvel presiding in Room 352 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Morse Arberry, Jr., Chairman Mr. John W. Marvel, Chairman Mrs. Jan Evans, Vice Chairman Ms. Sandra Tiffany, Vice Chairman Mr. Dennis L. Allard Mrs. Maureen E. Brower Mrs. Vonne Chowning Mr. Jack D. Close Mr. Joseph E. Dini, Jr. Mr. Thomas A. Fettic Ms. Chris Giunchigliani Mr. Lynn Hettrick Mr. Bob Price Mr. Larry L. Spitler COMMITTEE MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Mr. Mark Stevens, Fiscal Analyst Mr. Gary Ghiggeri, Deputy Fiscal Analyst Ms. Jeanne Botts, Program Analyst ASSEMBLY BILL 120 Creates trust fund for extraordinary maintenance, repair or improvement of capital projects of state. Assemblyman Douglas Bache, Assembly District 11, reported A.B. 120 would require that .005 percent of each bond issue be set aside for the extraordinary maintenance or repair of a facility. The fiscal note of approximately $60,000 resulted from a subsection mandating a legislative audit; however, the Audit Division of the Legislative Counsel Bureau indicated this section would be duplicative because the fund would also be part of the annual audit. By eliminating the subsection mandating the audit, the fiscal note is eliminated. Chairman Marvel asked whether the .005 percent would be in addition to the cost of the project. Mr. Bache responded affirmatively. Mr. Close requested clarification of the definition of "extraordinary". Mr. Bache answered examples of extraordinary repairs would be the repair of air conditioning in an existing state building or extensive repairs to a building's electrical system or other major repairs that would not recur for a significant period of time. He added that highways are specifically excluded from these funds. Mr. Close observed it is difficult to define "extraordinary" and wondered whether establishing a cost limit for repairs would be beneficial. Mr. Bache responded "extraordinary maintenance" was not more specifically defined in order to avoid setting such strict limits that the funding could not be accessed. A.B. 120 sets extraordinary maintenance as "all expenses ordinarily incurred not more than once every five years to maintain the capital project in a fit operating condition." Chairman Marvel asked whether a special account would need to be established for each project. Mr. Bache indicated a fund could be established for each branch of government and within each fund a separate account would be established for each capital project. Mr. Fettic inquired how much money would be generated by the allocation of .005 percent of each bond issue for this purpose. Mr. Bache replied the amount of money generated would depend on what type of capital projects are constructed. For example, the new Sawyer Office Building would have generated approximately $400,000 for extraordinary maintenance and repairs. Mr. Price asked whether roofing repairs would fall under the definition of extraordinary repairs and then asked whether deliberate destruction of state property would be included. Mr. Bache responded affirmatively. Mrs. Brower confirmed "extraordinary" related to items not planned for during the budget process. Chairman Marvel called for public testimony. There was none. ASSEMBLY BILL 580 Requires certification of laboratories to analyze water. John Warren of Analytical Laboratories introduced William Pillsbury from Sierra Environmental Monitoring and Donald Kwalick, Nevada State Health Officer. Mr. Warren explained A.B. 580 would place Nevada laboratories on an equal basis with out-of-state environmental laboratories. He noted currently it is easier for a Nevada laboratory to move to California and do business in that state than it is for a Nevada laboratory to do business in Nevada. William Pillsbury, owner of Sierra Environmental Monitoring, spoke in support of A.B. 580. Mr. Pillsbury testified that out-of-state laboratories are not subjected to on-site visits as laboratories are in the state of Nevada. Nevada laboratories that are certified in California or Arizona are subject to on-site visits by those states as well and are billed for the cost of all on-site visits. Chairman Marvel requested explanation of the fiscal note. Ms. Tiffany requested discussion of testimony heard in subcommittee indicating private sector companies would be able to perform the services provided by state laboratories. Bill Moell, Management Analyst in the Office of the State Health Officer, explained the fiscal note on A.B. 580 sets up a system to formalize the certification of laboratories to perform water analysis. Testimony in subcommittee indicated laboratories were not being certified in a timely manner. Mr. Moell said the reason certification has been slow is because employees currently perform certification on a time permitting basis. The fiscal note would allow much faster certification of laboratories to perform water analysis by establishing a formalized process with employees dedicated to performing certifications through a fee structure and revenues from the Department of Environmental Protection. Mr. Price inquired if residents are charged for testing private water wells. Mr. Moell responded residents are charged for testing water wells and added private laboratories also charge for that service. Mr. Price asked whether the fees charged by the state labs and private labs are similar. Will Scott, Administrative Services Officer for the State Laboratory, answered fees charged by the state lab are somewhat lower than those charged by private laboratories. He added the Board of Health will be petitioned to increase the fees charged by the state lab. Mr. Dini asked whether certification of additional laboratories would have a detrimental effect on the state laboratory's budget. Dr. Kwalick answered the fee increase will cover the costs of certifying laboratories on a continuing basis. Mr. Dini then asked whether there would be a decrease in revenue to the state. Dr. Kwalick said with the increase in fees, some out-of-state laboratories might decide not to perform testing for Nevada which would decrease revenue coming to the state. Dr. Kwalick explained the program would be implemented in phases to allow assessment of the impact of the fee increase before additional positions were filled. Ms. Tiffany requested discussion regarding testimony previously heard relating to the issue of competition between the state laboratory and private laboratories. Dr. Kwalick replied the laboratory which provided that testimony was not certified to perform water tests. He observed it is important for the state to have a well- equipped public health laboratory to perform testing on an emergency and continuing basis. To do that, old equipment needs to be updated to perform testing required by the Safe Drinking Water Act. The Environmental Protection Agency names the state laboratory as the certifying agency for other laboratories. Ms. Tiffany indicated she did not recall any private sector labs complaining that they were not able to be certified, and asked whether there really was a backlog regarding certification. Mr. Pillsbury said it currently takes six to nine months for the state laboratory to receive the results of the blind sample certification program through the EPA. Those same results can be obtained from California in approximately 30-60 days. The length of time required to obtain results adversely affects the state laboratory's ability to compete for private sector work. Mr. Tiffany asked whether the budget included information regarding the backlog in the certification program and whether the Governor was advised that additional funding would be required and why certification was being processed through a bill rather than through the budget. Dr. Kwalick replied the State Health Office was unaware of the huge backlog and in order to have a timely lab certification program, the program must be set up as a specific separate program. Staff members who were performing ongoing laboratory duties had been performing certifications when time was available. In order to address the Safe Drinking Water and Clean Water Acts, it is necessary to have appropriate staff and infrastructure. John Moore explained A.B. 580 was requested to help the analytical laboratory industry compete with out of state laboratories. Mr. Hettrick referred to the fiscal note which indicated an average time of nine days to inspect a laboratory including two to three days of preparation, one day of travel, two to three days for on-site survey, two days for report generation. He observed these times seemed excessive and asked why the state needs to certify laboratories. Mr. Moell said the fiscal note was prepared after discussion with employees at the laboratory who currently perform certifications. He agreed with Mr. Hettrick's concerns regarding the times specified to perform certifications. The fiscal note calls for four positions; however, the Health Division does not wish to immediately hire four positions to perform certifications. It is proposed to hire two full-time individuals who will be dedicated to certifying labs operating in the state of Nevada. If that nine day time estimate is correct, the entire four positions will be required, but that will be evaluated before additional positions are filled. Mr. Dini remarked the Western States Water Council has wished to maintain primacy under the Clean Water Act. He observed it would be a mistake for the state to abdicate its privilege to control its destiny by giving up primacy under the Clean Water Act. That fact alone justified the expenditure necessary to maintain the state laboratory. Mrs. Brower requested clarification of the relationship between sending tests to certified laboratories in California and certifying laboratories in Nevada. Mr. Pillsbury explained with the current level of staffing and the way the program is administered in the state of Nevada, it takes six to nine months for individual laboratories to receive results from the EPA blind samples; even though the results are known long before that, no official documentation is received for that period of time. The Nevada State Laboratory is certified in California and when California inspects the Nevada State Laboratory, the blind sample results are returned within 30-45 days. Mr. Pillsbury added site visits at the Nevada State Laboratory normally entail less than half a day to inspect procedures, equipment, personnel and records. Mrs. Evans observed the issue of being unfair to Nevada laboratories in relation to laboratories in other states needed to be addressed. Mr. Moell remarked A.B. 580 is a separate issue from lab testing. A.B. 580 would establish a formal certification process to facilitate private industry performing water sample testing. It is planned to establish that process in the same way that other states perform water testing and out-of-state laboratories would pay a fee for Nevada certification. Chairman Marvel confirmed the state would remain in compliance with federal clean water regulations and acts. He expressed agreement with Mr. Dini's concern to keep administration of the Clean Water Act in the state. Mr. Spitler asked why certification was not included in the budget. Mr. Moell explained the budget was based on the previous year's activities with decision units for maintenance and enhancement. This need was not identified as a priority at the time the budget was built and the requirement to visit the sites of all laboratories is not part of current law. Chairman Marvel called for public testimony. There was none. BUDGET CLOSINGS MATERNAL CHILD HEALTH SERVICES - PAGE 1113 Mark Stevens, Fiscal Analyst, pointed out this budget had been held from the previous day's meeting so the Health Division could be present to discuss the budget. Mr. Arberry remarked he had received a letter from the Executive Director of Community Health Centers of Southern Nevada requesting assistance for a dental program; however, discussions with Dr. Kwalick resulted in the decision that a dental program would be too extensive to undertake until possibly the next legislative session. Mr. Arberry distributed copies of a letter from the Executive Director of Community Health Center of Southern Nevada, attached as Exhibit C, requesting state funding support for their outreach program to provide OB and prenatal services. Dr. Kwalick explained both dental care and prenatal care are very important in southern Nevada. In order to best utilize limited resources, the requested funding would be most beneficial for early prenatal care of the at-risk women. In the area surrounding Community Health Centers of Southern Nevada there is currently a 28 percent rate of entry into first trimester prenatal care; the national goal is to bring that rate up to 90 percent by the year 2000. Throughout the state first trimester care is in the 65-70 percent range. The $50,000 would be used to provide outreach workers to educate those at risk about prenatal care. Mr. Spitler asked whether the most severe need has been demonstrated in southern Nevada. Dr. Kwalick said the most severe need at this time is in the area surrounding the Community Health Centers of Southern Nevada and there are most likely other areas where the need is as great. Mr. Spitler remarked the problem is probably statewide and should be addressed on a statewide basis. Mrs. Chowning asked whether the dental program would be ready for implementation by next session. Dr. Kwalick replied he could not guarantee the dental program would be implemented by next session but there has been a significant amount of interest in southern Nevada. An effort is being made to have the area declared a health professional shortage area. This would access assistance from the Public Health Service to begin providing dental services; the next legislature could then provide funding for equipment and supplies. Ms. Giunchigliani expressed agreement with Mr. Spitler's comments regarding providing assistance statewide rather than to one particular geographic area and asked why the program was being requested at this late date. Dr. Kwalick said the problem with early prenatal care exists in various areas of the state. Ms. Giunchigliani observed the areas lacking in early prenatal care should be identified and assistance provided to all of them. Dr. Kwalick said this funding could be used as a pilot project to gauge the effectiveness of outreach programs in high risk areas. ASSEMBLYMAN FETTIC MOVED TO CLOSE THE MATERNAL CHILD HEALTH SERVICES BUDGET AS RECOMMENDED BY STAFF WITH AN AUGMENTATION OF $50,000 IN EACH YEAR OF THE BIENNIUM TO ENHANCE THE OUTREACH EFFORT FOR OB/PRENATAL CARE SERVICES OF THE COMMUNITY HEALTH CENTERS OF SOUTHERN NEVADA. ASSEMBLYWOMAN CHOWNING SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYWOMEN TIFFANY AND GIUNCHIGLIANI VOTED NO. ASSEMBLYMEN ALLARD AND CLOSE WERE NOT PRESENT AT THE TIME OF THE VOTE. BUDGET CLOSED. ************* Ms. Tiffany observed the funding should be included in the budget and indicated she objected to the last minute handling of the project. Mr. Arberry explained he received the letter in Exhibit C May 10 and was not able to discuss the matter with Dr. Kwalick soon enough to include the program in the budget. ATTORNEY GENERAL ADMINISTRATION - PAGE 23 Mr. Stevens pointed out a number of suggested technical changes, attached as Exhibit D: adjusting the general fund, agency payments and Board and Commission billings for final cost allocation; adjusting general fund Title XIX revenues and expenses to correct transfer of Medicaid Fraud to a separate budget; full funding of capital case coordinator with court assessments; delay hire of all new positions except the Business and Industry Attorney and the half time Attorney for Employment, Training and Rehabilitation until October 1, 1995; deleting duplicate fringe benefit expenses for the half time Attorney for Employment, Training and Rehabilitation; charging rent to the Insurance Fraud and Private Investigators Licensing Board; and deleting the agency transfer from Telemarketing Fraud per the closing of Consumer Affairs. Mr. Stevens said another issue affecting this budget related to whether or not to repeal NRS 228.115 which allows the Attorney General to require agencies pay for support positions and travel and operating expenses of assigned attorneys (which have been transferred to this account). He noted the Senate Committee on Finance had taken action to amend the statute so agencies would be required to pay cost allocations included in each agency's budget. Mr. Stevens said 17.5 new positions are proposed in the M-200 decision unit. Vacancy savings has been budgeted at $112,000 in FY 96 and $114,000 in FY 97, below the level of $231,000 this fiscal year. The Attorney General's Office tends to generate higher vacancy savings than other agencies because the majority of positions are unclassified; all are budgeted at the statutory maximum but not all are paid at the statutory maximum and generate vacancy savings in addition to vacancy savings due to turnover. He noted it might be possible to increase vacancy savings with no detriment to the Attorney General's Office. Chairman Marvel suggested adding $50,000 in vacancy savings in each year of the upcoming biennium. Mr. Stevens said decision unit E-175 increases funds for Westlaw computer research services by $75,000 per year. The base budget includes $40,648 for Westlaw services which is what was expended in FY 94. Chairman Marvel suggested reducing decision unit E-175 by $35,000 in each year of the biennium. Mr. Spitler asked why decision unit E-175 was increased so greatly. Mr. Stevens replied the Attorney General's Office has several more positions but he could not recall any further justification. Mr. Stevens indicated the Board of Nursing has requested an additional half time deputy attorney general and would require increasing Boards and Commissions Assessments by $36,479 in FY 96 and $36,885 in FY 97 and adding $36,479 for a half time deputy attorney general salary. Mr. Stevens reported the Senate Committee on Finance eliminated some of the new positions in its budget closing. Mr. Hettrick asked whether the list of new positions was in priority order. He concurred with reducing Westlaw to $40,000 per year and suggested vacancy savings be adjusted to $200,000 per year. Chairman Marvel requested explanation of how the Senate Committee on Finance closed the requested new positions. Mr. Stevens indicated the Senate Committee on Finance action regarding page 2 of Exhibit D retained No. 1, Data Entry Operator; combined No. 2, Data Entry Operator, with No. 3, Admin Aide; deleted No. 5, Network Specialist in Carson City; retained No. 5, Network Specialist in Las Vegas; approved No. 6, Accountant Tech I; deleted No. 7, two half time student positions in Carson City where there is already a half time student position; approved one half time student position in No. 8; approved No. 9, Deputy Attorney General for Business and Industry; deleted No. 10, Supervising Legal Secretary, because an existing legal secretary position could be reclassified; approved Nos. 11 and 12, a Deputy Attorney General and a Legal Secretary II; deleted Nos. 13 and 14, Deputy Attorney General and Legal Researcher based on caseload numbers; approved No. 15, Deputy Attorney General; deleted No. 16, Legal Researcher; and approved Nos. 17 and 18, Deputy Attorney General and a half time Senior Deputy. Ms. Tiffany asked what duties the data entry operators perform. Mr. Stevens responded the data entry probably related to the Attorney General's case tracking system. Ms. Tiffany inquired whether more personal computers had been added to increase the need for additional data entry. Mr. Stevens replied a one-shot appropriation did provide additional personal computers and data processing equipment. A.B. 227 provided $224,000 for additional computer hardware, software and communication enhancements. Ms. Tiffany inquired where the Deputy Attorney General for the Department of Business and Industry would be based. Mr. Stevens responded the attorney would handle any legal actions within the Department of Business and Industry. Ms. Tiffany asked whether the Microcomputer Specialists would have any additional duties. Mr. Stevens said he understood those positions were dedicated to microcomputer duties. Ms. Tiffany inquired whether the half time Deputy Attorney General for the Board of Nursing would be paid from the general fund. Mr. Stevens said that position would be paid by fees from the Board of Nursing. Mr. Allard asked how the Senate Committee on Finance closed the E-175 decision unit regarding Westlaw. Mr. Stevens responded the Senate Committee on Finance reduced the E-175 decision unit to $40,000 in each year of the biennium. Ms. Giunchigliani requested the Attorney General be requested to provide a report regarding the statewide geographic location of positions within the Attorney General's Office. Mr. Hettrick asked how the salary would be handled for the combined positions of Data Entry Operator and Administrative Aide. Mr. Stevens explained the salaries were the same for both positions so the combined position would be paid the salary of one position. ASSEMBLYWOMAN EVANS MOVED TO CLOSE THE ATTORNEY GENERAL ADMINISTRATION BUDGET WITH THE TECHNICAL ADJUSTMENTS RECOMMENDED BY STAFF; TO CLOSE IN ACCORDANCE WITH THE SENATE COMMITTEE ON FINANCE REGARDING NEW POSITIONS; TO INCREASE VACANCY SAVINGS BY $50,000 IN EACH YEAR OF THE BIENNIUM; TO REDUCE THE E-175 DECISION UNIT BY $35,000 IN EACH YEAR OF THE BIENNIUM. ASSEMBLYMAN HETTRICK SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYMEN DINI, ARBERRY, SPITLER AND CLOSE WERE NOT PRESENT AT THE TIME OF THE VOTE. BUDGET CLOSED. *************** WORKERS COMPENSATION FRAUD - AG - PAGE 37 Mr. Stevens referred to page 4 of Exhibit D which indicates the justification for nine new requested positions and statistical information regarding the types of positions, where they are located and total costs of the positions; information regarding the number of investigations opened and closed, arrests, prosecutions opened and convictions; and recovery of attorney and investigation costs, SIIS restitution, DIR fines, criminal fines, reserves and civil settlements. Mr. Stevens noted that in A.B. 246, five vehicles were eliminated from the Motor Pool one-shot appropriation and were recommended to be purchased directly by the Workers Compensation Fraud Unit. Two were replacement vehicles and three were for new positions; provision for vehicle purchases may need to be included in the budget closing, depending on the number of new positions approved. Ms. Giunchigliani asked what the total budget would be for this fiscal year. Mr. Stevens replied $1.3 million; the new positions would be effective next fiscal year. Ms. Giunchigliani observed she did not support the new positions because recovery of fines did not seem to justify additional positions and the majority of staffing was in the north while most new construction takes place in the southern portion of the state. She inquired whether the Senate Committee on Finance had approved the positions. ASSEMBLYWOMAN GIUNCHIGLIANI MOVED TO CLOSE THE WORKERS COMPENSATION FRAUD BUDGET AT THE 1994 WORK PROGRAM LEVEL WITH THE ADDITION OF FUNDING TO PURCHASE TWO VEHICLES. ASSEMBLYMAN FETTIC SECONDED THE MOTION. Mr. Hettrick pointed out five of the nine new requested positions would be located in Las Vegas and that the main office of the Workers Compensation Fraud Unit was in Reno and required more positions. He agreed with Ms. Giunchigliani's concerns that the Las Vegas office needed additional staffing. Ms. Giunchigliani observed testimony had not seemed to provide justification for additional positions. Ms. Tiffany expressed agreement with Ms. Giunchigliani that recovery of fines and prosecution of cases did not seem to justify the cost of the attorneys and indicated she saw no need for additional positions. ASSEMBLYMAN HETTRICK MOVED TO AMEND ASSEMBLYWOMAN GIUNCHIGLIANI'S MOTION TO INCLUDE THE FOLLOWING POSITIONS: DEPUTY ATTORNEY GENERAL IN LAS VEGAS, TWO INVESTIGATORS IN LAS VEGAS AND ONE INVESTIGATOR IN RENO, AND TO INCLUDE THE PURCHASE OF THREE VEHICLES. ASSEMBLYMAN ALLARD SECONDED THE AMENDMENT. THE AMENDMENT CARRIED. ASSEMBLYWOMEN TIFFANY AND GIUNCHIGLIANI VOTED NO. Chairman Marvel called for a vote on the amended motion. THE MOTION CARRIED. ASSEMBLYWOMEN TIFFANY AND GIUNCHIGLIANI VOTED NO. BUDGET CLOSED. ************** LCB INTERIM OPERATIONS - PAGE 157 This budget was deferred. *************** Ms. Giunchigliani raised discussion of the taxicab authority regarding the fact that only Clark County is regulated by a taxicab authority and whether all counties should be treated uniformly and regulated by the taxicab authority. She observed it is unconstitutional for one county to be subject to different regulation than the remaining counties. Mr. Price remarked the taxicab authority has done a good job in Clark County and added counties have the choice to invite the taxicab authority to regulate within the county. Mr. Spitler agreed Ms. Giunchigliani made a good point because there is currently the potential for four regulatory bodies over the same industry: the taxicab authority, the Public Service Commission, a county and a city. Chairman Marvel recognized Pete Morros, Director of the Department of Conservation and Natural Resources, and requested explanation of issues relating to Washoe Park raised during joint budget closings with the Senate Committee on Finance. Mr. Morros introduced Wayne Perock, Acting Administrator of the Division of State Parks, and Gene Sullivan, Director of Parks for Washoe County. Mr. Perock distributed a memorandum (Exhibit E) in support of the Washoe County boat ramp land transfer. Mr. Perock explained the proposal would transfer 15 acres on the north end of Washoe Lake to the Division of State Parks. The parcel is surrounded by state property on the northeast side of the lake and includes a boat ramp, picnic facilities and restroom. The transfer can be accomplished by appropriation. A budget was provided to the Senate Committee on Finance indicating the operation would be self-supporting. Revenues generated would support a ranger, season staff and operating expenses. Chairman Marvel indicated the Committee on Ways and Means had been unaware of the proposed transfer and had closed the budget without that acquisition. Chairman Marvel asked whether Washoe County had approved the transfer. Gene Sullivan, Director of Parks for Washoe County, reported Washoe County supported the transfer as did the Community Advisory Board in Washoe City, the Park Commission and the County Commissioners. Ms. Giunchigliani asked if there was a bill pertaining to the transfer. Mr. Perock said the transfer was introduced as S.B. 532; however, the Senate Committee on Natural Resources indicated legislation was not required. Jeanne Botts, Program Analyst, reported the Senate Committee on Finance added one Park Ranger, some seasonal employment, operating expenses and a minimal amount of travel, all of which would be paid by user fees. General fund costs added by the Senate Committee on Finance included approximately $90,000 for start-up equipment, including a pick-up truck, a residence trailer and a small storage/office trailer. Chairman Marvel asked how the land transfer would be accomplished. Pam Wilcox, Administrator of the Division of State Lands, responded the county has title. The Division of State Lands will obtain title insurance and the transfer will be done at no cost to the state. Chairman Marvel confirmed there would be no major appropriation for land acquisition. DIVISION OF FORESTRY Chairman Marvel requested discussion of honor camp crews within the Division of Forestry and asked for justification of the request for ten new positions. Roy Trenoweth, State Forester, said the ten positions would be crew supervisors to insure that assistant camp supervisors would not be required to take crews out on fires. He explained if assistant camp supervisors take crews into the field, camps are left with no supervision or internal controls. Assistant camp supervisors also fill in when camp supervisors are on leave. Assistant camp supervisors are necessary to allow normal days off during the fire season when the camps are open seven days a week. Assistant camp supervisors provide field supervision, monitor quality control and project limitation, act as safety officers for projects in the field, perform site surveys with the public or private sector, develop job specifications and monitor crew time, job costs and materials estimates. Chairman Marvel said when the joint subcommittee closed the budget, there was no request for these positions. However, in full joint committee budget closings it was discovered the positions had been added. He asked how vital the positions are. Mr. Trenoweth said assistant camp supervisors were necessary to run the camps. Mr. Close expressed concern that the camps be properly manned with inmates who are willing and able to work. He cited testimony that some crews go into the field with three or four inmates and other crews go into the field with 12 or 13; the larger groups may need additional staffing but those groups with three or four inmates would have almost as many individuals supervising as working. He asked what number of positions would provide some help to allow time for the Department of Prisons to assess the situation and more adequately staff the camps. Mr. Morros said the issue relates to the lack of a position to supervise those inmates remaining in camp when work crews are out. A person is also needed to perform paperwork so that the problems identified in the audit of the Division of Forestry do not recur. Mr. Morros added the number of inmates going into the field on a work crew depends almost entirely on the quality of inmates entering the camps. Mrs. Brower asked what was the least number of new crew supervisor positions the Division could work with. Mr. Morros responded an assistant camp supervisor was needed in each of ten camps. Mr. Fettic noted ten assistant camp supervisors would be very expensive and inquired whether they were truly necessary or whether another means of supervision could be found. He asked why this issue was not raised during subcommittee hearings. Mr. Morros said the issue of whether assistant camp supervisors should be used as crew supervisors in the field was raised during subcommittee hearings. Ms. Botts said the cost of hiring ten crew supervisors would be $365,000 in FY 96 and $382,000 in FY 97. She added Mr. Morros had indicated the assistant camp supervisors could be assigned in-camp crews but there would be a problem if they were assigned to projects away from the camp. Ms. Giunchigliani indicated no justification had been given for the current structure of camp supervisor, assistant camp supervisor and crew supervisor and no justification had been given for ten additional positions costing close to $1 million. Mr. Price remarked many of the inmates in the honor camps had been charged with violent crimes and needed extensive supervision to avoid escapes or harm to supervisors. Mrs. Brower asked how many crew supervisors are currently on staff at the camps. Mr. Trenoweth said that depends on the size of the camp: Winnemucca, Carlin, Wells, Ely and Tonopah are 150 bed camps and if full, each camp would have ten crew supervisors, an assistant camp supervisor and a camp supervisor. Staffing was cut back to nine crew supervisors based on the Department of Prisons' projections of the number of inmates to be assigned to the camps. Mrs. Brower asked why the number of crews going out could not be limited to nine as that number of crew supervisors are on staff. Chairman Marvel asked whether crews were currently on a seven day schedule. Mr. Trenoweth responded affirmatively. Mr. Fettic said most of the need for crew supervisors appeared to be predicated on the fire season and asked what the crew supervisors did during the remainder of the year. Mr. Trenoweth said during the non-fire season, the staff performed project work. Mr. Dini observed the crews perform community projects such as maintaining the two Veterans' Cemeteries as well as the parks and cemetery in the City of Yerington. Mr. Fettic questioned whether the crew supervisor positions were needed all year long. Mr. Arberry said if individuals were sent to the camps who were not willing to work, they should be returned to prison. Mr. Morros agreed and said the problem had been discussed with the Department of Prisons. Mr. Allard confirmed there are nine crew supervisors at a typical camp and asked why larger crews could not be formed with the same number of supervisors. Mr. Morros said the Department of Prisons determined the maximum crew size would be 12 inmates under one supervisor, primarily for purposes of safety and security. Mr. Allard noted that if some crews are going out with three or four inmates, there may not be a need for the additional ten crew supervisors. Mr. Morros answered the request for additional positions was based on projections by the Department of Prisons reflecting a steadily increasing prison population and stated the positions would not be filled unless they were absolutely necessary. Chairman Marvel asked whether a representative from the Budget Division wished to comment. Mike Nolan, Budget Office, explained that originally the Conservation Camp budget contained 117 positions for FY 94 and FY 95. Last biennium, assistant camp supervisors were budgeted with a crew. The population available to the camps dropped immensely so assistant camp supervisors were not used on a full time basis to take out crews. In addition, there were many situations where there were fewer than the allotted 12 inmates per crew because the Department of Prisons was not providing enough inmates. Initially, 36 positions were cut from this budget based on the population and on the rationale that assistant camp supervisors would be responsible for 12 man crews. Based on revised prison population projections, 14 crew supervisor positions were added back into the budget, bringing the total positions to 105. The Division of Forestry is requesting to add back another ten of the 22 positions that were originally cut. Chairman Marvel asked whether the positions were justified. Mr. Nolan responded there was some justification and added some of the heavier camps could use an assistant camp supervisor and the others might be eliminated pending justification. He observed the Jean camp with 36 inmates (three crews) and a camp supervisor did not warrant an assistant camp supervisor, especially since those inmates do not fight fires; the Silver Springs camp will have five crews and probably would not warrant an assistant camp supervisor. However, the Stewart Camp with ten crews and a helicopter situation may warrant an assistant camp supervisor. Chairman Marvel asked how many positions should be authorized. Mr. Nolan indicated those camps with nine or ten crews would warrant an assistant camp supervisor. He estimated six camps might need assistant camp supervisors. Mrs. Brower observed compelling reason to add ten positions had not been demonstrated. She noted the problem could probably be handled through proper management within the camps. Chairman Marvel made assignments for committee members to explain bills during the Assembly floor session: A.B. 194 to Mrs. Evans; A.B. 692 to Mr. Fettic; S.B. 476 to Mr. Spitler; S.B. 522 to Mr. Allard; A.B. 225 to Ms. Giunchigliani; A.B. 228 to Mr. Fettic; A.B. 236 to Mr. Close; A.B. 253 to Ms. Tiffany; A.B. 255 to Ms. Tiffany. ASSEMBLY BILL 200 Revises provisions governing organization of department of information services and administration of state communications system. Ms. Tiffany indicated she saw no reason to revise the language in Section 2 under question during a previous hearing. Mr. Hettrick said he felt the language transferred too much authority to one state agency and preferred the revised language. ASSEMBLYMAN HETTRICK MOVED AMEND AND DO PASS ON A.B. 200 BY CHANGING THE LANGUAGE IN SECTION 2, SUBSECTION 1 TO "DEVELOP TECHNICAL STANDARDS AND PLANS FOR THE DEPLOYMENT AND ADMINISTRATION OF AN INTEROPERABLE STATE TELECOMMUNICATIONS SYSTEM." AND BY CHANGING THE LANGUAGE IN SECTION 2, SUBSECTION 2 TO "ADMINISTER THE TELECOMMUNICATIONS SYSTEM DEVELOPED PURSUANT TO SUBSECTION 1." AND BY ADDING SUBSECTION 3, "OPERATE A STATE COMPUTER FACILITY." ASSEMBLYMAN ALLARD SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYMAN DINI AND ASSEMBLYWOMEN EVANS, TIFFANY AND GIUNCHIGLIANI VOTED NO. ASSEMBLYMAN PRICE WAS NOT PRESENT AT THE TIME OF THE VOTE. ASSEMBLYMAN SPITLER ABSTAINED. ************** SENATE BILL 211 Makes appropriation to mental hygiene and mental retardation division of department of human resources for certain equipment and refurbishment of facilities. Mr. Ghiggeri distributed a list of items included in S.B. 211 (Exhibit F) and explained adjustments on page 2 include $15,837 for a van for the Lake's Crossing Center recommended by the subcommittee and $49,500 on page 1 for renovations to building 3A at Southern Nevada Adult Mental Health Services. Additional recommended adjustments include funding only the state's share of services costs for Southern Nevada Mental Retardation in this legislation and including the federal share of services costs in the agency's budget. The result increases the appropriation from $707,342 to $713,763. ASSEMBLYWOMAN EVANS MOVED AMEND AND DO PASS ON S.B. 211. ASSEMBLYMAN DINI SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYWOMAN TIFFANY WAS NOT PRESENT AT THE TIME OF THE VOTE. ***************** SENATE BILL 301 Establishes for next biennium amount to be paid by state for group insurance for state employees and their dependents. Mr. Stevens reported in its current form, S.B. 301 provides for the monthly contribution to the state's group insurance program of $236.69 the first year and $247.34 the second year of the biennium. Staff suggests amending line 7 by adding the phrase "the base amount for the state's share of the cost of premiums or contributions" after NRS 287.046. ASSEMBLYMAN HETTRICK MOVED AMEND AND DO PASS ON S.B. 301 BY ADDING THE PHRASE "THE BASE AMOUNT FOR" AFTER NRS 287.046 IN LINE 7. ASSEMBLYMAN CLOSE SECONDED THE MOTION. Mr. Price recalled testimony from the State of Nevada Employee's Association requesting amendment back to the original bill language. Mr. Stevens explained S.B. 301 in its original form requested $284 per month in the first year of the biennium and $359 per month in the second year of the biennium, both amounts higher than the original Governor's recommendation. The Subcommittee on General Government held a number of hearings on the Committee on Benefits budget. The reduced premium figures were provided by the actuary as premiums that would maintain the current level of benefits in the Self Funded Program. Chairman Marvel called for a vote. THE MOTION CARRIED. ASSEMBLYWOMAN TIFFANY WAS NOT PRESENT AT THE TIME OF THE VOTE. *************** ASSEMBLY BILL 425 Requires suspension of drivers' licenses of persons who are in arrears in payment for support of children. Mrs. Chowning requested an amendment to Section 2, subsection 3, to add "family visitation pursuant to court order". Ms. Giunchigliani observed the effective date also should be changed to January 1, 1996. ASSEMBLYWOMAN GIUNCHIGLIANI MOVED AMEND AND DO PASS ON A.B. 425 BY CHANGING THE EFFECTIVE DATE TO JANUARY 1, 1996, AND BY ADDING THE PHRASE "FAMILY VISITATION PURSUANT TO COURT ORDER" TO SECTION 2, SUBSECTION 3. ASSEMBLYWOMAN CHOWNING SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYWOMAN TIFFANY WAS NOT PRESENT AT THE TIME OF THE VOTE. ************* ASSEMBLY BILL 630 Requires reimbursement of legislative counsel bureau for drafting legislation for certain entities. Mr. Hettrick reported A.B. 630 had been a joint effort with Mr. Spitler providing that entities submitting numerous bills would pay $500 for each bill after the first five submitted. Mr. Arberry asked whether entities would pay at the time each bill is submitted or at the end of the session for all bills submitted. Mr. Hettrick expressed no preference for how the accounts are settled. Mr. Spitler observed the Legislative Counsel Bureau has an excellent billing mechanism in place. Mr. Close remarked A.B. 630 was in conflict with A.B. 279 which also places limits and imposes charges on bills submitted. A.B. 279 would charge according to the costs involved in developing a bill draft. Smaller cities and counties would be entitled to 15 bill drafts, larger cities and counties to 30 bill drafts, before a charge was imposed. He suggested A.B. 630 be held pending the outcome of action on A.B. 279 in the Senate. Ms. Giunchigliani inquired as to the definition of "entity" and asked what was the basis for the $500 charge. Mr. Hettrick said term "entity" might need further clarification and said the $500 figure came from the fact that each bill draft costs the state approximately $700; $500 would cover the bulk of the cost and would be high enough to cause consideration before submitting a bill draft. Ms. Giunchigliani requested confirmation of the cost to the state for a bill draft. Mr. Close responded the average cost for a bill draft was from $600 to $700. A.B. 279 did not include a dollar cost because some bills require much more time than others and LCB would charge the entity according to a reasonable cost for time and effort. Mr. Hettrick expressed concern with the number of 15 bills because if the charge is based on actual costs, 15 of the largest bills could be submitted first as "free" bills and the smaller bills requiring less work would come later and would bring in very little revenue. He expressed preference to lowering the number of "free" bills to five and establishing a fixed fee for more than five bills. Mrs. Chowning objected to the fiscal note which indicated no effect on local government because there would be a definite effect on local governments. She expressed agreement with charging based on the amount of time spent on each bill. Mr. Close remarked a bill in the Senate would eliminate all bill draft requests that did not come through a Senator or Assemblyman. ASSEMBLYMAN ALLARD MOVED DO PASS ON A.B. 630. ASSEMBLYMAN HETTRICK SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYWOMAN EVANS WAS NOT PRESENT AT THE TIME OF THE VOTE. ************* With no further business to come before the committee, Chairman Marvel adjourned the hearing at 10:40 a.m. RESPECTFULLY SUBMITTED: Deborah Salaber, Committee Secretary Assembly Committee on Ways and Means June 13, 1995 Page