MINUTES OF THE ASSEMBLY COMMITTEE ON WAYS AND MEANS Sixty-eighth Session June 21, 1995 The Committee on Ways and Means was called to order at 8:00 a.m., on Wednesday, June 21, 1995, Chairman Arberry 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 Mrs. 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 STAFF MEMBERS PRESENT: Mark Stevens, Fiscal Analyst Gary Ghiggeri, Deputy Fiscal Analyst SENATE BILL 426 Creates fire service standards and training committee. Senator Jacobsen testified S.B. 426 combines all factions of fire service under one umbrella of uniform standards, training and equipment. The fiscal note is $5,760 to cover travel expenses and per diem. Mr. Fettic asked if this training will be provided to all volunteer firemen. Senator Jacobsen said yes. Bryan Slobe, representing the Fire Marshall's office, said the Fire Marshall supports S.B. 426. Chairman Marvel asked if the training covers arson investigation. Mr. Slobe responded arson investigation will probably be part of the training. CHAIRMAN MARVEL MOVED DO PASS. MRS. CHOWNING SECONDED the MOTION. MOTION CARRIED. MS. TIFFANY, MRS. EVANS AND MR. PRICE WERE ABSENT. ********** ASSEMBLY BILL 617 Requires reporting to superintendent of public instruction and to legislature on adequacy of current supply of textbooks and expenditures necessary to maintain adequate supply of textbooks. Assemblyman Manendo testified A.B. 617 authorizes a study to determine what is needed by school districts to replace their textbooks. The report of the study is to be presented to the 1997 session of the legislature. He noted Mary Peterson, Superintendent of Public Instruction, gave an approximate cost of $13,500 to conduct the study. Ms. Giunchigliani suggested expanding the intent of A.B. 617 beyond a study of textbooks to include a study of the actual per pupil funding by school districts. Mr. Manendo expressed his concern that expanding the study would then expand the fiscal note. Mr. Spitler referred to lines 11, 12 and 13 and expressed concern that school districts may remove money from their budgets for textbooks because it intimates textbooks would be paid for in a one-shot appropriation. Mr. Manendo said the original intent was just a recommendation and was not intended to bind any legislature to a specific amount. Mrs. Chowning agreed with the intent of the bill to bring all school districts together and uniformly fund textbooks. She concurred with the suggestion to include the per pupil funding mechanism in the study. SENATE BILL 208 Makes appropriation to office of labor commissioner of department of business and industry for computer and office equipment. Frank MacDonald, Labor Commissioner, testified S.B. 208 makes an appropriation in the amount of $105,461 to the Labor Commissioner's office for office and computer equipment. MR. FETTIC MOVED DO PASS. MR. HETTRICK SECONDED the MOTION. MOTION CARRIED. MS. TIFFANY AND MR. CLOSE WERE ABSENT. ************ SENATE BILL 369 Revises provisions governing commission on judicial discipline. Guy Shipler, Vice Chairman of the Commission on Judicial Discipline, testified S.B. 369 provides for protection for the commission from any kind of challenge legal or otherwise. Leonard Gang, General Counsel and Executive Director of the Commission on Judicial Discipline, said the main thrust of S.B. 369 is that it provides immunity for commission members, staff, and to persons who serve as independent contractors to the commission. The immunity is called absolute immunity which is the equivalent of judicial immunity. The language was taken from Rule 12 of the model rules for judicial disciplinary enforcement. Mr. Fettic asked why the bill was referred to the Ways and Means Committee when there is no fiscal impact. Mr. Gang referred to subsection 5 which allows the commission to hire people and enter into contracts. Because of that there is a fiscal note. The commission can only spend the amount of money appropriated by the legislature. Chairman Arberry referred to page 2, line 7, which states "one or more persons to prepare budget and manage the fiscal affairs" and asked who performs those functions. Mr. Gang said that is his job. This is only clean up language. Chairman Arberry further questioned why the new language is necessary if the function is already performed and the commission is not filling another position. Mr. Gang said it was originally provided the commission could hire a secretary to prepare the budget, but that position was eliminated. Now the commission can hire an employee. Mrs. Evans asked what is the relationship between S.B. 369 and A.J.R. 33. Mr. Gang said there is no relation. A.J.R. 33 is a constitutional amendment that separates various functions performed by the legislature, the court, and the commission. CHAIRMAN MARVEL MOVED DO PASS. MS. GIUNCHIGLIANI SECONDED the MOTION. MOTION CARRIED. MS. TIFFANY, MR. CLOSE AND MRS. CHOWNING WERE ABSENT. ***************** SENATE BILL 219 Makes appropriation to investigation division of department of motor vehicles and public safety for replacement of vehicles. Mark Stevens recalled S.B. 219 appropriates $700,000 for replacement vehicles at the Department of Motor Vehicles and Public Safety. CHAIRMAN MARVEL MOVED DO PASS. MRS. EVANS SECONDED THE MOTION. Ms. Giunchigliani asked for clarification if this is for replacement vehicles for motor pool that agencies rent. Mr. Stevens clarified it is replacement vehicles for the Department of Motor Vehicles and Public Safety. The vehicles being replaced have been driven in excess of 80,000 to 100,000 miles. Ms. Giunchigliani expressed concern in the need to replace every vehicle in the Division of Investigations. Mr. Ghiggeri said the agency indicated they last replaced vehicles in 1991. Ms. Giunchigliani questioned the policy of replacing vehicles when they reach a certain mileage. Mr. Ghiggeri said the agency indicated the new vehicles were necessary because they are in the area of public safety and they need dependable vehicles. MOTION CARRIED. MS. GIUNCHIGLIANI VOTED NO. MS. TIFFANY, MR. CLOSE AND MRS. CHOWNING WERE ABSENT. *************** SENATE BILL 333 Authorizes reimbursement of certain peace officers employed by state for required clothing and accessories damaged in performance of duties. Mr. Stevens said S.B. 333 allows for the replacement of clothing for a peace officer if the clothing is destroyed in the line of duty. He said the Senate Finance Committee amended S.B. 333 to change "shall" to "may" on line 10. Chairman Marvel recalled previously he questioned who would have the authority to approve replacing the clothing. He commented it is the proper function of the Department of Administration. Mrs. Brower asked who would be eligible for the replacement clothing. Mr. Stevens said the language in S.B. 333 states any peace officer in state employment would be eligible. Ms. Giunchigliani concurred that the language may be too broad. Mr. Fettic expressed his concern for possible abuse. Mr. Stevens clarified under N.R.S. 281.0311 the following groups of employees would be covered under this bill: sheriffs, security officers, attorney general investigators, parole and probation officers, officers and employees of the Nevada Youth Training Center, Caliente Youth Center, legislative police, prison employees, MHMR employees, fire marshall, state parks rangers, game wardens, public service commission agents, railroad police, taxicab authority, private investigators licensing board, gaming control board and university police officers. MS. GIUNCHIGLIANI MOVED TO AMEND S.B. 333 TO INCLUDE ONLY EMPLOYEES OF DEPARTMENT OF PRISONS, PAROLE AND PROBATION, AND HIGHWAY PATROL SUBJECT TO APPROVAL BY THE DEPARTMENT OF ADMINISTRATION. MRS. BROWER SECONDED THE MOTION. MOTION CARRIED. MS. TIFFANY, MR. CLOSE AND MRS. EVANS WERE ABSENT. ASSEMBLY BILL 581 Makes various changes concerning department of business and industry. Chairman Arberry requested the committee consider A.B. 581, which makes changes to the Department of Business and Industry. MS. GIUNCHIGLIANI MOVED DO PASS, ADOPTING THE AMENDMENTS PROPOSED BY THE DEPARTMENT OF BUSINESS AND INDUSTRY AND EXEMPTING THE DAIRY COMMISSION AND RURAL HOUSING AUTHORITY. CHAIRMAN MARVEL SECONDED the MOTION. MR. PRICE MOVED TO AMEND THE ORIGINAL MOTION TO EXEMPT THE OFFICE OF THE ATTORNEY FOR INJURED WORKERS. NO SECOND. Mr. Spitler stated he did not agree with exempting the Dairy Commission. Mr. Allard asked how A.B. 581 affects the Contractors Board. Mr. Stevens said the Contractors Board is organizationally under the Department of Business and Industry and A.B. 581 does not affect them. Ms. Giunchigliani asked about state cost allocation for the Dairy Commission and the Rural Housing Authority. Mr. Stevens responded the Nevada Rural Housing Authority has not been figured into the cost allocation plan. The Dairy Commission does have a Department of Business and Industry cost allocation plan included. Mrs. Evans asked what will be the responsibility of the Department of Business and Industry to the Dairy Commission and Rural Housing Authority. Mr. Stevens said if A.B. 35 passes Rural Housing Authority will no longer be a state agency. The Dairy Commission will be a state entity and organized under the Department of Business and Industry. Chairman Arberry suggested holding the bill for further clarification. MS. GIUNCHIGLIANI WITHDREW HER MOTION. ************* ASSEMBLY BILL 697 Makes supplemental appropriation to department of prisons for certain costs related to medical care. Chairman Arberry requested the committee consider A.B. 697 which contains a supplemental appropriation to the Department of Prisons for costs related to medical care. Mr. Ghiggeri pointed out the Department of Prisons requested an increase in their supplemental appropriation request to $1,717,568. Ms. Giunchigliani said part of the problem of increased medical care is due to the requirement the prison system utilize Coresource. Mr. Ghiggeri pointed out prior to the 1993 legislative session the administration merged the Department of Prisons into the State Risk Management plan. Mr. Allard agreed there needs to be a plan to prevent this from happening again. Mr. Ghiggeri said the subcommittee recommended the psychiatric positions be funded but not be filled until adequate information is provided to the legislature. The subcommittee also recommended transferring fiscal controls away from the medical division and back to the fiscal services division in the Department of Prisons. Janet Johnson, Budget Office, said $278,000 is the salary shortfall. Under contract services there is a $400,000 over expenditure and the remainder is for outside medical provider services. She added currently there is not enough information to project whether or not this will be a continuing problem. Mr. Dini asked if the fiscal division at the Department of Prisons has the proper controls to manage the problem and has the administration made the resolution of this situation a priority. Ms. Johnson responded there is an audit and investigation under way at the moment. Mr. Allard suggested additional RFP's to the HMO's. Mrs. Johnson said they are looking at another RFP for Coresource and it should go to bid soon. Mr. Spitler recalled during the 1993 legislature when the regional medical center was authorized that it would save money. He commented he was uncomfortable in appropriating a dollar amount that is unsubstantiated. He suggested the Department of Prisons come before Interim Finance Committee with a total accounting of the expenses. Mr. Ghiggeri said the problem with appropriating just the salary and contract money to the Department of Prisons and putting the remainder in an Interim Finance contingency fund, vendors will go unpaid until the next IFC meeting. CHAIRMAN MARVEL MOVED AMEND AND DO PASS TO INCLUDE AN APPROPRIATION OF $1,717,568 WITH A COMPLETE REPORT FROM THE DEPARTMENT OF PRISONS TO INTERIM FINANCE COMMITTEE ACCOUNTING FOR THE EXPENDITURES. MR. DINI SECONDED THE MOTION. Ms. Giunchigliani suggested amending the bill to include the compassionate leave language into A.B. 697. Chairman Arberry noted that language would be included in a separate bill. MOTION CARRIED. MR. SPITLER AND MS. GIUNCHIGLIANI VOTED NO. MS. TIFFANY AND MR. HETTRICK WERE ABSENT. *************** There being no further business to come before the committee, the meeting adjourned at 9:35 a.m. RESPECTFULLY SUBMITTED: Linda Corbett, Committee Secretary Assembly Committee on Ways and Means June 21, 1995 Page