MINUTES OF THE JOINT SUBCOMMITTEE ON PUBLIC SAFETY ASSEMBLY COMMITTEE ON WAYS AND MEANS AND SENATE COMMITTEE ON FINANCE Sixty-eighth Session May 30, 1995 The Joint Subcommittee on Public Safety of the Assembly Committee on Ways and Means and the Senate Committee on Finance was called to order at 7:05 a.m., on Tuesday, May 30, 1995, Chairman Larry Spitler presiding in Room 321 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. ASSEMBLY SUBCOMMITTEE MEMBERS PRESENT: Mr. Larry Spitler, Chairman Mr. Morse Arberry, Jr. Mr. Jack D. Close Ms. Chris Giunchigliani Mr. John W. Marvel Mr. Thomas A. Fettic SENATE SUBCOMMITTEE MEMBERS PRESENT: Senator Lawrence Jacobsen, Chairman Senator William O'Donnell Senator Bernice Mathews ASSEMBLY SUBCOMMITTEE MEMBERS ABSENT: None SENATE SUBCOMMITTEE MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Mr. Gary Ghiggeri, Deputy Fiscal Analyst Mr. Bob Guernsey, Deputy Fiscal Analyst Ms. Jeanne Botts, Program Analyst Ms. Debbra King, Program Analyst Chairman Spitler requested explanation of suggested closing actions to the Division of Wildlife budgets. DIVISION OF WILDLIFE - PAGE 1961 WILDLIFE OBLIGATED RESERVE FUND (NEW ACCOUNT) Jeanne Botts, Program Analyst, distributed a report of recommended closing actions (Exhibit C) and explained the Division is funded by user fees and federal aid for wildlife and fisheries. The Governor recommended general fund appropriations of $921,528 and $928,371 in FY 1995-96 and 1996-97 respectively. The general fund appropriations were provided to support the cost of non-game, endemic fish, reptile and Project Wild conservation education programs, which is approximately $503,000 per year, and also to reimburse the agency for the difference of approximately $400,000 per year between full license price and reduced-price licenses mandated by the Legislature for special populations: seniors (over age of 65), juniors (age 12-15), Indians (free licenses), handicapped persons and Nevada residents serving in the armed forces but stationed outside of Nevada. However, staff recommends general fund appropriations be held at the work-program level of $600,670 plus $39,360 in FY 96 and $51,859 in FY 97 to support the Habitat Biologist to be assigned to the Wild Horse Commission. A $6,862 general fund enhancement for equipment for the non-game program was deleted in order to keep the general fund appropriation at the work-program level. The Budget Division notified the Fiscal Division the equipment budgeted for the Habitat Biologist could be deleted since the Wild Horse Commission will supply all equipment and operating costs. Ms. Botts noted no vacancy savings were included in the Executive Budget, but the salary increase recommended by the Governor is not included in this budget and will have a substantial impact on Wildlife's budget. The agency's budget request included vacancy savings in the amount of $283,566 per year. The salary increase as recommended by the Governor of 4 percent in the first year and 3 percent in the second year would cost approximately $329,000 in the first year and $591,000 in the second year. The unobligated reserve in this budget is now estimated at more than $1 million per year, and with the salary increases recommended by the Governor, the unobligated reserve would be reduced to $683,000 in the first year and $485,000 in the second year. Ms. Botts said the figures of the amount in the reserve have been agreed upon by the Wildlife Division, the Budget Division and the Fiscal Analysis Division, so it does appear to be possible to fund the raise and to hold the general fund appropriation at the work-program level. Ms. Botts said Assembly Bill 212 contains a number of fee increases that provide substantial revenue to the Division in the coming biennium. The Division has concluded there is $199,000 in additional license fee revenue that was not included in the Executive Budget and that amount has been built into the closing sheets. Two new positions, a Program Assistant I for the boating program and a Habitat Biologist to assist the Wild Horse Commission with land use reviews, have been included. The Habitat Biologist has been deferred until October 1, 1995; that position costs the general fund $39,000 the first year and $52,000 the second year. A Conservation Educator, which was to be made permanent, was added by the Interim Finance Committee on March 13, and a Wildlife Installation Specialist was increased from 75 percent to full time. These positions have also been included in closing actions. A number of corrections to the payroll line-item detail have been made which add salary costs of $110,571 in FY 96 and $125,915 in FY 97. Ms. Botts explained Senate Bill 230 creates the Wildlife Heritage Trust fund, a separate interest bearing account, and provides that only the interest earned in the previous year may be spent. That money could be used for any project related to Wildlife's mission. Funding would come from $50,000 in donations, an increased number of big game auction tags ($325,000), and a new "Partnership-in-Wildlife" second chance drawing ($242,643). However, receipts from the currently authorized big game auction tags ($242,643) would no longer go into the Wildlife account; therefore, the proposal removes $242,643 from the Division's main operating account. The Governor's anti-crime package included a $22,920 increase in permit fees to be used for operating expenditures to issue permits to minors (16 to 18 years old) to carry unloaded hunting firearms in vehicles. The program has been eliminated from the closing sheets. Assembly Bill 231 would provide a new hangar at the Minden Airport adjacent to the Division of Forestry's hangar to facilitate consolidation of Wildlife's aircraft operations with the Division of Forestry. This co-location would permit cross- training of both agencies' pilots and during periods of heavy fire-fighting, Wildlife's pilots could assist Forestry's pilots. The cost of the building would be partially offset by a deposit to the general fund of an insurance settlement from the crash of an agency plane. Closing sheets contain vacancy savings in the amount of $49,000 the first year and $54,000 the second year for the elimination of a pilot's position. To avoid spending obligated funds on ongoing operating costs, revenue in the Division's Obligated Reserve for the Duck Stamp, Elk Damage, Auction Tags and federally funded Habitat Programs is recommended to be placed in a separate budget account. Although the Division's operating account may experience cash flow problems if this $1.7 million is removed from the account, language has been included in the Authorizations Act since 1985 that allows the Division to borrow from the general fund (see Exhibit C). It is recommended a letter of intent be sent directing the Division to report to the 1997 Session on the adequacy of rental income paid by employees and its relation to the cost of maintenance on the agency's housing. Chairman Spitler asked whether the agency had received approval from the federal government for an indirect cost rate of 18 percent. Willie Molini, Administrator of the Division of Wildlife, said the Division has put together an allocation plan for that overhead charge and it is currently being reviewed by the federal government. Approval has not yet been received; however, no difficulties are anticipated. Chairman Spitler asked if the same percentage would be taken on gifts. Mr. Molini responded affirmatively with the exception of the Wildlife Heritage Account which has been changed to 12 percent. Chairman Spitler asked what the impact on the budget would be if 18 percent is not approved. Mr. Molini said the budget was built on 18 percent; currently the 18 percent is recovered in direct costs by setting aside time for accounting personnel. Ms. Giunchigliani inquired whether the proposed hangar has gone before the Public Works Board. Mr. Molini responded the hangar has been discussed with the Public Works Board; however, it is not scheduled as a public works project. Ms. Giunchigliani asked how the Public Works Board would approve the project when it is not scheduled as a public works project. Mr. Molini indicated the Budget Director had expressed willingness to go ahead with the hangar even though it was not proposed in time to meet deadlines of the Public Works Board. Ms. Giunchigliani asked if the pilot position could still be eliminated if A.B. 231 does not pass. Mr. Molini said eliminating the position under that circumstance would hamper the Division's operations. Mr. Marvel asked how much savings is anticipated by combining the air operations of the Division of Wildlife and the Division of Forestry. Mr. Molini responded approximately $100,000 should be saved over the biennium, predicated on the elimination of the pilot position. Chairman Marvel asked how much savings would accrue to the Division of Forestry from combining the air operations. Pete Morros, Director of the Department of Conservation and Natural Resources, reported eliminating the pilot position is contingent on the co-location of the two air operations. Savings will primarily accrue to the Division of Wildlife but the Division of Forestry will benefit from access to additional pilots during fire season and savings from not having to hire outside pilots. The full cost of the hangar should be recovered within five years. Senator Jacobsen complimented the facility in Minden and noted the additional hangar would be necessary because existing hangars are fully occupied by Division of Forestry aircraft. Chairman Spitler called for a motion. ASSEMBLYMAN MARVEL MOVED TO CLOSE THE DIVISION OF WILDLIFE'S BUDGETS AS RECOMMENDED BY STAFF WITH THE INCLUSION OF A LETTER OF INTENT DIRECTING THE DIVISION TO REPORT TO THE 1997 SESSION ON THE ADEQUACY OF RENTAL INCOME AND ITS RELATION TO THE COST OF MAINTENANCE OF THE AGENCY'S HOUSING AND STIPULATING IF CERTAIN BILLS DO NOT PASS, THE BUDGET WILL BE RE- OPENED. ASSEMBLYMAN FETTIC SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THE ASSEMBLY MEMBERS OF THE SUBCOMMITTEE. ************ SENATOR JACOBSEN MOVED TO CONCUR WITH THE ASSEMBLY MEMBERS OF THE SUBCOMMITTEE. SENATOR MATHEWS SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THE SENATE MEMBERS OF THE SUBCOMMITTEE. BUDGETS CLOSED. ************** BICYCLE SAFETY PROGRAM - PAGE 1809 Debbra King, Program Analyst, distributed suggested closing actions (Exhibit D) and explained actions include reducing travel funding to the amount required to fund two conferences, one computer class and a Spanish class which will be taken on the employee's own time. The agency continues to write grants in an attempt to increase the funding available. Ms. King pointed out the committee had two alternatives regarding the Bicycle Safety Program: 1) To reverse the funding between the NDOT Planner position and the DMV position (65 percent to DMV and 35 percent to NDOT). This would provide an additional $50,000 to the DMV Safety Position which could be used for projects with local government agencies. The Department of Transportation could provide 80 percent funding for the Planner position from the ISTEA grant. NDOT currently only uses $20,000 of ISTEA funds to support the salary of the Planner (approximately 35 percent match). If NDOT funded 80 percent of the Planner's salary with ISTEA funds, they would need approximately $11,500 from the bicycles safety for the salary plus operating costs for the Bicycle Safety Board, information brochures for local governments to tell them of the requirements for bicycle and pedestrian paths, and clerical support for the board. NDOT indicates the revenue from 35 percent of the bicycle safety program fees will be sufficient to fund their bicycle and pedestrian safety programs. 2) Eliminate the bicycle and pedestrian safety coordinator position. This would allow the committee to apply the full funding received from 35 percent of the bicycle safety program fees ($60,000 to $65,000) to local programs. The Office of Traffic Safety indicates they would be able to handle the grant management responsibilities. Both of the above options would require an amendment of NRS 483.415. Eliminating the bicycle and pedestrian safety coordinator would also require repeal of NRS 483.203. The Department of Transportation has also indicated they would be willing to transfer existing Bicycle Safety Reserve of approximately $150,000 to the bicycle and pedestrian safety coordinator. This money could be used to fund an enhanced pedestrian safety program. The agency has provided the attached suggestion on how the money could be used. Chairman Spitler expressed confusion regarding a memorandum dated May 26, 1995 in Exhibit D from Marlen Schultz, Highway Safety Coordinator, Department of Motor Vehicles, which suggests allocating $50,000 for "directed law enforcement" and noted that suggestion is very vague. Senator O'Donnell indicated he understood the program was "Bicycle and Pedestrian Safety" and that no change in legislation would be necessary to address the pedestrian safety issue. Jim Hawke, Chief of Special Services Division, said to change the scope of the program and services offered would not require any legislation; however, the potential funding split and keeping the interest from fees collected in the same program would require legislation. Senator O'Donnell confirmed the program had oversight of bicycle and pedestrian safety and the scope of authority would remain the same. Mr. Hawke concurred. Ms. King explained the position is responsible for promoting education regarding the interaction between bicycles, pedestrians and motor vehicles. Ms. Giunchigliani indicated the original 50 cent allocation was strictly for the bicycle safety program. Senator O'Donnell said the bicycle and pedestrian safety position was created and funded from the allocation. Senator O'Donnell suggested the funding ratio be reversed so the DMV bicycle and pedestrian safety program receives 65 percent of the 50 cent surcharge on drivers' licenses to allow the coordinator to contract for public service announcements for educational purposes and keep the program going and move the reserve from the Department of Transportation to bicycle safety. Mr. Close questioned the advantage of the state performing bicycle and pedestrian safety education versus providing grants to counties for that purpose. ASSEMBLYWOMAN GIUNCHIGLIANI MOVED TO REVERSE THE FUNDING BETWEEN THE NDOT PLANNER POSITION AND THE DMV POSITION TO (65% TO DMV AND 35% TO NDOT); THAT THE RESERVE BE GRANTED TO THE DIVISION OF TRAFFIC SAFETY FOR DIRECT GRANTS TO LOCAL GOVERNMENTS; THAT HALF OF THAT RESERVE BE DEDICATED FOR PUBLIC SERVICE ANNOUNCEMENTS FOR ALL AREAS UNDER TRAFFIC SAFETY; TO ELIMINATE THE POSITION OF COORDINATOR. ASSEMBLYMAN CLOSE SECONDED THE MOTION. THE MOTION CARRIED BY THE ASSEMBLY MEMBERS OF THE SUBCOMMITTEE. CHAIRMAN SPITLER VOTED NO. BUDGET CLOSED. **************** SENATOR O'DONNELL MOVED TO RETAIN THE BICYCLE AND PEDESTRIAN SAFETY COORDINATOR POSITION; TO MOVE THE RESERVE FROM NDOT TO DMV; TO REVERSE THE FUNDING BETWEEN THE NDOT PLANNER POSITION AND THE DMV POSITION (65% TO DMV AND 35% TO NDOT); TO ALLOW THE COORDINATOR TO CONTRACT WITH NECESSARY ENTITIES TO PROMOTE THE PROGRAM. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THE SENATE MEMBERS OF THE SUBCOMMITTEE. BUDGET CLOSED. *************** Gary Ghiggeri, Deputy Fiscal Analyst, noted in a prior hearing when the Parole and Probation budgets were closed, the subcommittee made adjustments to the number and types of vehicles the Division of Parole and Probation would utilize over the upcoming biennium. The budget closing provided a total of eight new sedans and six new 4-wheel drive vehicles over the biennium. The Motor Pool has identified 11 sedans for replacement in fiscal 96 and three 4-wheel drive vehicles and 32 sedans in fiscal 97 as well as one minivan. Mr. Ghiggeri asked how many mid size vehicles the subcommittee wished to provide the Division of Parole and Probation. Ms. Giunchigliani replied the budget closing had left it to the Division to choose which new automobiles to purchase within the budget. Mr. Ghiggeri explained to purchase more mid size vehicles, the Division of Parole and Probation operating budget would not be increased for lease purposes; however, the Motor Pool Division would require additional funding in order to purchase larger size vehicles. Ms. Giunchigliani expressed concern that even though the Motor Pool Division might purchase larger cars, there would be no guarantee those cars would be available for the Division of Parole and Probation. Mr. Ghiggeri indicated that if the one-shot appropriation specifically states which types of vehicle will be available to the Division of Parole and Probation, those cars would be made available. Ms. Giunchigliani expressed concern that the Motor Pool Division had not provided sufficient information to set policy on what criteria would cause a vehicle to be replaced. Mr. Ghiggeri indicated Larry Peri, Program Analyst, was working with the Motor Pool Division regarding provision of that information. Chairman Spitler expressed concern that larger vehicles would ultimately be used by managers rather than by the individuals intended to use them. Ms. Giunchigliani concurred with Mr. Spitler's remarks and suggested bill language specify the vehicles are not for use by administrators. She noted a reason for employees of the Division of Parole and Probation to drive larger vehicles is for personal safety when transporting parolees. Chairman Spitler suggested perhaps all mid size vehicles could be purchased. Mr. Fettic agreed bill language should specify that Division of Parole and Probation employees who work in the field would drive the larger vehicles. Senator Jacobsen asked how the 4-wheel drive vehicles would be distributed. Mr. Ghiggeri said the new 4-wheel drive vehicles have been slated for the Elko District Office. Of existing 4-wheel drives, one is in Reno and the remainder are in rural areas. There are none in southern Nevada. Mr. Ghiggeri clarified that the Division of Parole and Probation rents its cars from the Motor Pool Division. The budget for car rental in the Division of Parole and Probation will not change. In order for the Motor Pool Division to have an appropriate number of mid size vehicles to rent to the Parole and Probation Division, funding in the one-shot appropriation needs to be adjusted depending on the number of mid size vehicles the committee wishes to purchase. A mid size vehicle costs $2,000-$3,000 more than a compact car. Senator O'Donnell suggested 20 cars be upgraded to mid size and that the Division of Motor Pool's budget be appropriately augmented. Chairman Spitler concurred 20 vehicles should be upgraded to mid size. Mr. Arberry asked how those 20 cars would be distributed. Chairman Spitler answered all 20 cars would be for the use of the Division of Parole and Probation and the Division would distribute the vehicles internally. The committee agreed a letter of intent should be sent to the Division of Parole and Probation specifying how the vehicles are to be used and to report any problems to the Interim Finance Committee. There being no further business to come before the subcommittee, Chairman Spitler adjourned the meeting at 8:04 a.m. RESPECTFULLY SUBMITTED: Deborah Salaber, Committee Secretary Joint Subcommittee on Public Safety Assembly Committee on Ways and Means and Senate Committee on Finance May 30, 1995 Page