MINUTES OF THE
SENATE Committee on Finance
Seventy-second Session
March 12, 2003
The Senate Committee on Finance was called to order by Chairman William J. Raggio, at 8:06 a.m., on Wednesday, March 12, 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.
COMMITTEE MEMBERS PRESENT:
Senator William J. Raggio, Chairman
Senator Raymond D. Rawson, Vice Chairman
Senator Dean A. Rhoads
Senator Barbara K. Cegavske
Senator Sandra J. Tiffany
Senator Bob Coffin
Senator Bernice Mathews
STAFF MEMBERS PRESENT:
Gary L. Ghiggeri, Senate Fiscal Analyst
Bob Guernsey, Principal Deputy Fiscal Analyst
Pamela Carter, Committee Secretary
OTHERS PRESENT:
Robert E. Rose, Associate Justice, Supreme Court
Ron Titus, Court Administrator and Director, Administrative Office of the Courts, Supreme Court
Peter I. Breen, Justice, Second Judicial District Court, District Courts of Nevada
E. Dale Porter, Chairman, California Immigrant Trail Interpretative Center Advisory Board
Sheri Eklund-Brown, Chairman, Board of Commissioners, Elko County
Kevin Piper, Chairman, Legislative Committee, Nevada Weed Management Association
Doug D. Busselman, Lobbyist, Nevada Farm Bureau
Robert S. Hadfield, Executive Director, Nevada Association of Counties
Don Henderson, Assistant Director, Rangeland Specialist, State Department of Agriculture
Doug Bierman, Lobbyist, Humboldt River Basin Water Authority
Larry Hughes, Nevada Weed Management Association, Supervisor, Douglas County Weed Control
Joseph Guild, Lobbyist, Nevada Cattlemen’s Association
Jeanne Gribbin
Robert Mills, County Commissioner, Lyon County
Dan Kaffer, Coordinator, Western Nevada Resource, Conservation, and Development Council
Kelly D. Kite, Vice Chairman, Board of Commissioners, Douglas County
Ed Gobel, Executive Director, Lowden Veterans Center and Museum
Ray Bacon, Lobbyist, Nevada Manufacturers Association Service Corporation Steve Huff, Educational Consultant, e Instruction
Jackie Green, Instructor of Science, Eagle Valley Middle School, Carson City School District
Cheryl Blomstrom, Lobbyist, Berlyn Miller and Associates
Debbie Cahill, Director of Government Relations, Nevada State Education Association
John P. Comeaux, Director, Department of Administration
Daryl Riersgard, Criminal Information Services Manager, Central Repository for Nevada Records of Criminal History, Department of Public Safety
Dana Howry, Program Officer III, Central Repository for Nevada Records of Criminal History, Department of Public Safety
Dana Mathiesen, Deputy Director, Department of Motor Vehicles
Martha Barnes, Administrator, Central Services and Records Division, Department of Motor Vehicles
BILL DRAFT REQUEST (BDR S-1268): Makes supplemental appropriation to State Department of Agriculture for unanticipated shortfall in money for Fiscal Year 2003-2004 resulting from unexpected increase in expenses. (Later introduced as Senate Bill 263.)
Senator Raggio requested introduction of BDR S-1268 from the budget office. He said BDR S-1268 is a supplemental appropriation in the amount of $53,309 to the Department of Agriculture for an unanticipated shortfall.
SENATOR RHOADS MOVED FOR INTRODUCTION OF BDR S-1268.
SENATOR TIFFANY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS COFFIN, CEGAVSKE, AND RAWSON WERE ABSENT FOR THE VOTE.)
*****
Senator Raggio opened the hearing on SENATE BILL (S.B.) 209.
SENATE BILL 209: Makes appropriation to Retired Justice Duty Fund for salaries for senior judges to increase coverage in Second and Eighth Judicial Districts and for emergency requests in smaller counties of Nevada. (BDR S-616)
Robert E. Rose, Associate Justice, Supreme Court, spoke in favor of a $225,000 General Fund appropriation to the senior judge program. He said experienced senior judges are paid for actual days worked. He explained senior judges, assisted by existing staff, use available courtrooms. He stated approximately $200,000 is provided each year from administrative assessment fees. He explained the requested General Fund appropriation will allow more senior judges to be assigned to alleviate the increased demand for assistance in the district courts, particularly those in Clark County. Mr. Rose asserted the senior judge program should be funded at $750,000 to $1 million per year to meet essential senior assistance requests from district courts. He said requested additional monies would provide approximately $425,000 per year to help meet the need for senior assistance in district courts.
Ron Titus, Court Administrator and Director, Administrative Office of the Courts, Supreme Court, explained requested funds are based on the addition of two senior judges working approximately 110 hours per month on assignment. He said last month he told the court administrator in the eighth district no more assignments would be made except for illness, retirement, or deaths.
Senator Raggio asked whether requested funds are based on need in the Eighth Judicial District. Mr. Titus replied yes, and actual and anticipated need in the Second Judicial District. Senator Raggio asked whether administration allocates amounts received from administrative assessments to districts. Mr. Titus replied the administration allocates a certain amount each year based on actual available funds, available judges in each district, and caseload.
Senator Raggio asked how many judges are in the Second and Eighth Judicial Districts. Mr. Titus replied there are approximately 11 judges in the Second Judicial District and 30 judges in the Eighth Judicial District. He explained average caseload per judge in the second district is 1800 cases, and 2300 cases in the eighth district. He said nationwide the expected caseload is between 1400 and 1500 cases per judge. Senator Raggio asked how busy judges are on major cases and how many are family court judges in the Eighth Judicial District. Mr. Titus replied between eight and ten are family court judges.
Senator Tiffany asked whether requested funds are a one-time request since it was not in the budget. Mr. Titus replied the request is one-time and it was not included in the budget because the budget is 100 percent administrative assessment. He explained administration has several fee bills pending this session. He estimated ASsembly BILL (A.B.) 242 will generate approximately $85,000 in administrative assessment fees and Senate Bill (S.B.) 106 will generate between $150,000 and $200,000 in multi-party civil filing fees.
ASsembly BILL (A.B.) 242: Increases amount of certain administrative assessments and requires imposition of administrative assessment when imprisonment or community service is ordered in lieu of fine. (BDR 14-613)
SENATE BILL (S.B.) 106: Authorizes county clerks to impose additional fee for filing of certain actions and responses thereto in district courts to offset portion of costs of providing technology to courts. (BDR 2-614)
Senator Tiffany requested clarification on whether administration needs General Fund monies as backup to passage of A.B. 242 and S.B. 106. Mr. Titus replied yes, because there is a current need for senior judges.
Peter I. Breen, Justice, Second Judicial District Court, District Courts of Nevada, said administration has been frugal in depleting the senior retired justice duty fund. He explained there has been a dramatic caseload increase in the Second Judicial District in the past year, a 23.7 percent increase. He stated the Second Judicial District plan is to utilize available senior judges for increased caseload.
Senator Raggio closed the hearing on S.B. 209.
Senator Raggio opened the hearing on SENATE BILL (S.B.) 51.
SENATE BILL 51: Extends date by which certain prerequisites must be satisfied for State Board of Finance to issue general obligation bonds to assist in construction of California Immigrant Trail Interpretive Center in Elko County. (BDR S-674)
Dean A. Rhoads, Northern Nevada Senatorial District, spoke in support of S.B. 51. Senator Rhoads referenced the California Immigrant Trail Interpretive Center booklet (Exhibit C. Original is on file in the Research Library.), saying planning for the center is going well. He stated Elko County has pledged $1 million for construction, the City of Elko has committed $2 million, and $6 million is anticipated from the federal government. He explained the federal government will own and operate the center. He said an amendment is needed extending year of completion from 2005 to 2007.
Dale Porter, Chairman, California Immigrant Trail Interpretative Center Advisory Board, spoke in favor of S.B. 51. He said $3 million of State funds were committed in 1999 for the California Immigrant Trail Interpretative Center near Elko. He added Elko County and the City of Elko have committed $3 million of local funds to support the center. He explained an amendment to State law conditioned State funds on passing federal appropriations of at least $6 million by June 30, 2003. He said June 30 of this year is unattainable because sufficient time was not allowed for necessary planning. He stated the federal California Trail Interpretive Act was written and passed by the 106th Congress of the United States at the second Congressional session after funding commitments were made by Nevada, Elko County, and the City of Elko. The U.S. bill established the interpretive center through S2749, a U.S. Senate measure. He explained S2749 mandates the center will operate as a federal facility, and all operating and maintenance funds will be provided under federal budget procedures.
Mr. Porter said $3.5 million in federal appropriations have occurred each fiscal year since 1999 based on the project’s ability to economically administer spending. He stated the project budget is $15 million, and construction bidding is scheduled for July 2004 with an anticipated date of completion in June 2006. Mr. Porter emphasized benefits of the project are historical preservation and increased tourism to benefit the business community.
Senator Raggio asked the status of local commitment. Mr. Porter replied funding commitment agreements are being generated from Elko County and the City of Elko. Senator Raggio said firm commitments should be in place before a date extension will be granted.
Sheri Eklund-Brown, Chairman, Board of Commissioners, Elko County, spoke in favor of the California Immigrant Trail Interpretative Center. She said Elko County is negotiating with Bureau of Land Management (BLM) to contract for construction of the roads. She added Elko County and City of Elko funding commitments can be obtained.
Senator Raggio indicated the California Trail Interpretive Act requires State parks to have received funding commitments from city and county. He said the California Immigrant Trail Interpretative Center has received commitments of at least $1 million from Elko County and $2 million from the City of Elko.
Senator Raggio closed the hearing on S.B. 51.
Senator Raggio opened the hearing on SENATE BILL (S.B.) 75.
SENATE BILL 75: Provides for administration of program to provide grants for local treatment and control of invasive weeds and noxious weeds. (BDR S-672)
Senator Rhoads spoke in favor of S.B. 75 saying noxious and invasive weeds are becoming a major problem in Nevada and all over the West.
Kevin Piper, Chairman, Legislative Committee, Nevada Weed Management Association (NWMA), spoke in favor of S.B. 75 referring to support documentation from the Nevada Weed Management Association (Exhibit D. Original is on file in the Research Library.). He referenced map pages in tab 3 stating they indicate weed infestation levels of different weeds in Nevada. He stated NWMA supports S.B. 75 because it provides funding today for weed control at the local level, creates cooperative weed control projects enabling receipt of federal matching funds, and serves as a document of record to support weed control at this time.
Senator Raggio asked the amount of anticipated federal funding. Mr. Piper replied a substantial amount is anticipated. Senator Raggio asked whether federal monies would suffice for the weed control program. Mr. Piper replied NWMA would like to use federal monies as match monies. Senator Raggio asked what type of matching would NWMA receive if no State funds are utilized. Mr. Piper replied federal funds would be reduced. He said grant funds at the local level would be used. Senator Raggio asked what the difference is between section 2 asking for $1.7 million in fiscal year (FY) 2003-2004 and FY 2004-2005 and section 3 asking for $300,000 in FY 2003-2004 and FY 2004-2005.
Mr. Piper replied $1.7 million is requested for weed control through local county grants. He explained 17 counties would receive an equal share of monies. He said $300,000 is for the Department of Agriculture to administer continued grant funds and provide other grant obligations to local community groups.
Senator Coffin asked how invasive and noxious weeds can be controlled. Mr. Piper replied NWMA is considering chemical treatments and animal grazing.
Senator Raggio introduced a letter from Kim Zikmund, Watershed Division Manager, Las Vegas Wash Coordination Committee, (Exhibit E) stating its support of S.B. 75.
Doug D. Busselman, Lobbyist, Nevada Farm Bureau, spoke in favor of S.B. 75, saying an infrastructure is being formed throughout the State consisting of federal and local agencies, private sector, and State agencies to address invasive and noxious weed problems. He said S.B. 75 provides needed support to control invasive and noxious weeds.
Robert S. Hadfield, Executive Director, Nevada Association of Counties (NACO), spoke in favor of S.B. 75, saying invasive and noxious weeds are massive in Nevada. He said invasive weeds are replacing natural resources. He urged committee support of S.B. 75.
Senator Raggio reiterated the weed management effort depends on receipt of federal monies. Mr. Hadfield replied the Great Basin Restoration Plan (GBRP) supports invasive and noxious weed control. He asserted NACO believes federal monies will be granted.
Senator Raggio stated the Department of Agriculture has submitted an additional fiscal note on S.B. 75, $79,262 for FY 2004 and $74,613 for FY 2005. He asked whether these amounts are in addition to the requested appropriation.
Don Henderson, Assistant Director, Rangeland Specialist, State Department of Agriculture, explained the fiscal note intent is to highlight those amounts under the requested $300,000 for coordination and expansion of the program. He said it is their intent to include those costs in the $300,000 under section 3 of S.B. 75.
Senator Raggio requested staff clarification on what amount of the $300,000 will be used for grants and what amount will be used for coordination and expansion of the program.
Mr. Henderson replied he will get that information to the committee.
Doug Bierman, Lobbyist, Humboldt River Basin Water Authority, Eureka, Lander, and Lincoln Counties stated his support of S.B. 75. He said rural counties are stretching revenue sources to combat noxious and invasive weed problems.
Senator Raggio said unless the State receives more funding at this level, these types of programs will not be funded. He said supporters of S.B. 75 might direct their attention to persons having responsibility to raise State revenue.
Larry Hughes, Nevada Weed Management Association, Supervisor, Douglas County Weed Control, spoke in favor or S.B. 75. He said five new noxious weeds have been found in Douglas County within the past 2 years. He stated rangeland is in danger because invasive and noxious weeds are increasing.
Senator Raggio asked how Douglas County residents would feel about an increase in taxes. Mr. Hughes replied there will be very little Douglas County support for higher taxes.
Joseph Guild, Lobbyist, Nevada Cattlemen’s Association, spoke in favor of S.B. 75. He urged committee support of S.B. 75.
Ms. Eckland-Brown said Elko County supports S.B. 75. Senator Raggio asked how Elko County residents feel about higher taxes. Ms. Eckland-Brown replied Elko County residents are against any new taxes. She said Elko County is in the process of forming a cooperative weed management area (CWMA). She added a weed summit, sponsored by the Resource Advisory Council (RAC), has been held in Elko County.
Senator Raggio said the State is going to have to have monies available before weed management can be funded.
Senator Coffin asked how Elko County residents would feel about higher taxes. Ms. Eckland-Brown replied educating the public on advantages and disadvantages of higher taxes is a consideration.
Jeanne Gribbin spoke in support of S.B. 75 and higher taxes. She said hunting and fishing areas are disappearing because invasive and noxious weeds are taking over these areas.
Robert Mills, County Commissioner, Lyon County, spoke in favor of S.B. 75. He said Nevada’s weed problem is important, and the rural counties need State and federal assistance.
Senator Raggio asked whether Mr. Mills would support higher taxes to support S.B. 75. Mr. Mills did not reply.
Dan Kaffer, Coordinator, Western Nevada Resource, Conservation, and Development Council, spoke in favor of S.B. 75. He said a number of weed control processes have been performed over the past 10 years to assist with weed problems. He remarked the council has one sister organization in eastern Nevada and one in southern Nevada that support S.B. 75.
Kelly D. Kite, Vice Chairman, Board of Commissioners, Douglas County, spoke in favor in S.B. 75 and higher taxes. He said support of this bill is vital to county agricultural communities because much of the alfalfa raised in Douglas and Lyon counties is sold to California dairies. He explained if one weed is found at the California agricultural station in the alfalfa shipment to California the entire shipment is rejected. He urged committee support of S.B. 75.
Senator Raggio asked for further testimony and closed the hearing on S.B. 75.
Senator Raggio opened the hearing on SENATE BILL (S.B.) 166.
SENATE BILL 166: Makes appropriation to Lowden Veterans Center and Museum for maintenance and preservation of our nation’s history. (BDR S-830)
Ed Gobel, Executive Director, Lowden Veterans Center and Museum, spoke in support of SENATE BILL (S.B.) 166. Mr. Gobel referenced the Lowden Veterans Center and Museum informational packet (Exhibit F. Original is on file in the Research Library.), saying the museum exists for veterans and their families, tourists, and school children. He mentioned 2000 Las Vegas tourists visit the museum per month, and school children are taught war history through visiting the museum. He explained many veterans belonging to no veterans organization are assisted by Lowden Veterans Center.
Senator Tiffany stated Mr. Gobel has always represented the center, often referred to as the Gobel Lowden Veterans Center, very well.
Mr. Gobel said the purpose of S.B. 166 is to provide funding for preservation of artifacts and eyewitness accounts of Nevada veterans enabling present and future generations to reap the benefits and lessons in American history as taught by Nevada veterans. Mr. Gobel stated the Lowden Veterans Center mission statement is two-fold, “to teach current and future generations why ordinary citizens would risk their lives to preserve the values upon which this country is built,” and to “ensure every veteran lives forever within the walls of the museum.” He said at this time we must remember Franklin Delano Roosevelt’s statement when asked why America would prevail in World War II, “America’s fighting men and women would rather die on their feet than live on their knees.”
Mr. Gobel explained the museum contains memorabilia of veterans from World War I, World War II, the Korean War, Vietnam, and the Gulf War. He said the museum observes all veterans events including National Prisoners of War/ Missing In Action Day. He pointed out the museum has meeting rooms for veterans group meetings, an education and resource library, and a combat art exhibit. He noted the Lowden Veterans Center educational center partners with Clark County schools, boys clubs, girls clubs, boy scouts, cub scouts, girl scouts, and community centers. He emphasized the Lowden Veterans Center is part of the history project at the Library of Congress. He said Lowden Veterans Center brings $1 million in veteran administration (VA) benefits and relieves strain on the Nevada Office of Veterans Services budget because Lowden Veterans Center has three national service offices at no cost to the State. He explained all artifacts at the museum are donated, not purchased by veterans and their families, and Lowden Veterans Center educates veterans on available health care offered at VA facilities. He said Lowden Veterans Center offers financial assistance, job placement for the homeless, temporary housing assistance, a 24-hour hotline handling over 4900 calls per month, burial assistance, medical referrals, job training, social services, and a senior advocacy program.
Senator Raggio closed the hearing on S.B. 166.
Senator Raggio opened the hearing on SENATE BILL (S.B.) 182.
SENATE BILL 182: Makes appropriation to Department of Education for revision of test-taking and grading sections of multiple-choice portion of high school proficiency examination. (BDR S-933)
Senator Tiffany explained S.B. 182 originated as part of a pilot project for educational testing and grading at the high school level.
Senator Raggio stated the $3 million appropriation request is not included in the Executive Budget.
Ray Bacon, Lobbyist, Nevada Manufacturers Association Service Corporation (NMASC), spoke from a prepared statement (Exhibit G) in support of S.B. 182. He explained the pilot project for educational testing and grading allows every student to answer every question in every classroom. He said this results in an improvement in student participation, attention, and retention. He stated technology in the pilot project allows educators to meet compliance with the federal No Child Left Behind Act in S.B. 191.
SENATE BILL (S.B.) 191: Makes various changes governing education to facilitate implementation of federal No Child Left Behind Act of 2001. (BDR 34-635)
Mr. Bacon explained grading results are instant, enabling immediate remediation with students. He said results can be referenced to specific academic standards each student must meet. He stated technology allows for testing any class level with results available immediately.
Steve Huff, Educational Consultant, e Instruction, spoke in support of the pilot project for educational testing. He said a major benefit of the technology is real-time feedback to assist in student retention. He referenced “e Instruction and classroom performance system (cps) meeting the challenges of No Child Left Behind” sheets (Exhibit H) explaining sample questions and allowing committee members to participate in demonstrating how the technology works by responding to sample questions using their remote keypads. He added every time an examination is run, 12 different reports are generated.
Jackie Green, Instructor of Science, Eagle Valley Middle School, Carson City School District, spoke in support of the pilot program and its effectiveness in the classroom. She explained she has been using the technology in her classroom since December 2002 in everyday instruction and high-stakes testing. She said her students enjoy using the technology because they like receiving instant performance results. She noted her students are more engaged in class participation knowing their names can be randomly selected by the technology to respond to a question. She added she could not apply academic standards to 160 students without instant performance results given by this technology.
Senator Raggio asked about cost of the pilot program.
Mr. Huff replied the list price is $4000 for a 32-pad system, or 32 remote control pads for 32 students. He added Mr. Bacon has devised a Nevada package for $1500 that includes a 32-pad system and a receiver. He said a projector can be purchased for another $1500 for a total package price of $3000.
Senator Raggio asked how many classrooms would receive this technology for the requested $3 million funding. Mr. Bacon replied approximately 1000 classrooms, or 33,000 students.
Senator Rawson asked whether an authoring system is needed to customize questions on specific subject areas. Mr. Huff replied e Instruction is an educational company continually updating software. He added software, 32 remote pads, a receiver, and a carrying case are included in the $1500 package.
Senator Rawson asked whether the technology is windows-based. Mr. Huff replied yes, it is windows-based. Senator Rawson asked if classroom size impacts the number of packages purchased. Mr. Huff responded a second receiver is purchased for a classroom with more than 50 students.
Senator Raggio asked for additional information on e Instruction and cities and locations utilizing this technology. Mr. Huff replied e Instruction is based in Denton, Texas, and has been an industry leader since November 2002. He said today there are over 150,000 remote pads in use in K-12, universities, and corporate settings throughout the world. He emphasized the technology won an innovation in education award in January at the largest technology in education conference in London, edging out Apple and IBM products.
Senator Raggio asked whether this technology has been used effectively in other states. Mr. Huff replied yes, it has been used in Texas, Georgia, and Pennsylvania.
Senator Raggio asked whether there is a cost of continuation. Mr. Huff replied there is no cost of continuation. He said instructor training is included in the package.
Senator Cegavske asked whether remediation classes can be phased out if tests can be designed at any level and for any school-age student. Mr. Huff replied yes, remediation classes can be phased out because performance results are produced immediately.
Senator Cegavske asked whether performance results can be given to parents. Ms. Green replied analysis reports can be produced for any student. Mr. Huff added computer-based instruction online gives parents an opportunity to view their child’s performance on any test or quiz in any subject for any day.
Senator Tiffany asked whether parents can receive performance results by e mail. Mr. Huff replied yes, e-mail can be used.
Cheryl Blomstrom, Lobbyist, Berlyn Miller and Associates, spoke in support of S.B. 182. She said her daughter in the fifth grade at Jack’s Valley Elementary School utilizes this technology in her classroom. She added students are excited about it because they take their own attendance and lunch count. She explained instant performance results meet the strategic plan at Jack’s Valley Elementary in providing immediate feedback to instructors and students.
Debbie Cahill, Director of Government Relations, Nevada State Education Association, spoke in support of S.B. 182. She explained utilizing this technology on a daily basis in the classroom encourages class participation. She said responsibility is placed on a student to master and follow the information. She added utilizing this technology can revolutionize classroom teaching, reduce paperwork, and provide instant feedback to instructor, student, and parent.
Senator Raggio closed the hearing on S.B. 182.
Senator Raggio opened the hearing on SENATE BILL (S.B.) 198.
Gary Ghiggeri, Senate Fiscal Analyst, Fiscal Analysis Division, Legislative Counsel Bureau, explained SENATE BILL (S.B.) 198.
SENATE BILL 198: Clarifies provision governing advances to budget accounts supported by administrative assessments. (BDR 31-604)
Mr. Ghiggeri said S.B. 198 was requested by staff to clarify language contained in NRS 353.359 allowing General Fund advances for not more than one-twelfth in any one month of total monies received in the previous year for agencies supported wholly or partially by administrative assessments. He explained clarification is needed to determine whether advances are temporary for cash flow purposes or an advance from the General Fund with no repayment.
Senator Raggio said S.B. 198 history, explanation, and resolution requires the Department of Administration director to notify the Fiscal Analysis Division in the event of an advance.
John P. Comeaux, Director, Department of Administration, explained the criminal history repository, heavily funded by court administrative assessments, was below estimated funding levels. He said this adversely affected nearly every State-funded agency, particularly the courts and the criminal history repository. He added administration’s interpretation is a General Fund guarantee of the assessments.
Senator Raggio asked what part of S.B. 198 is objectionable.
Mr. Comeaux replied page 1, line 5. He explained any agency with an account funded in whole or in part by administrative assessments can receive an advance of not more “in the aggregate in any fiscal year” than one-twelfth of the total monies received during the previous year. He added if “in any month” is deleted, one-twelfth is a one-time advance. He said this is the first time more than one advance has been made under this provision. He added the change in wording is unnecessary.
Senator Tiffany stated she is concerned more assessments and added fees will continue in the future. She asked whether advancements are the correct vehicle for this trend. Mr. Comeaux replied it is a good idea to fund the current functions with court assessments. He said people creating a need for the services should pay for them. He stated a fallback position is needed for courts, the criminal history repository, and the victims of crime program.
Daryl Riersgard, Criminal Information Services Manager, Central Repository for Nevada Records of Criminal History, Department of Public Safety, said he will try to clarify questions on S.B. 198. He introduced Dana Howry from the criminal history respository.
Dana Howry, Program Officer III, Central Repository for Nevada Records of Criminal History, Department of Public Safety, stated the criminal history repository is funded by court assessments. She said court assessments were not realized in fiscal year (FY) 2002 and will not be actualized in the current fiscal year. She explained in FY 2002 anticipated court assessments were budgeted at approximately $4 million. She said approximately $3.6 million were actualized, creating a deficit of $361,000. She stated the criminal history repository tapped into the safety net created by NRS 353.359.
Ms. Howry explained $4.4 million is anticipated this fiscal year in court assessments. She said $2.1 million has been actualized, creating a shortfall of $449,000. She stated if the criminal history repository can access this year only one-twelfth of total monies received last year a $112,000 shortfall will be created. Ms. Howry noted calculations regarding staffing level reductions are presented in her testimony (Exhibit I).
Senator Raggio asked how many positions would be cut at the criminal history repository if a $112,000 shortfall is realized.
Ms. Howry replied 11 positions would be left vacant. She explained 7 of the 11 positions are funded by court assessments. She said the public safety technology division would also be affected.
Senator Raggio asked whether the criminal history repository revenue source should be considered when cutting the budget. Ms. Howry replied the criminal history repository has made cuts in the budget.
Ms. Howry explained court assessments were not received last fiscal year and they are not anticipated this fiscal year. Senator Raggio explained other State agencies consider their revenue source and adjust services accordingly.
Mr. Riersgard said every possible budget cut is considered prior to requesting a one-twelfth advance. He added the criminal history repository does not request an advance until it is necessary.
Senator Rawson asked whether General Fund monies rather than assessment fees should fund the criminal history repository. He stated the work performed by the criminal history repository is important and should be supported by a General Fund budget.
Senator Raggio closed the hearing on S.B. 198.
Senator Raggio opened the hearing on SENATE BILL (S.B.) 214.
SENATE BILL 214: Revises provisions concerning enforcement of requirement of registration of motor vehicle by new resident of this state. (BDR 43-1058)
Dana Mathiesen, Deputy Director, Department of Motor Vehicles (DMV), spoke against S.B. 214, stating she does not recognize placing DMV between the public and law enforcement. She said S.B. 214 is a law-enforcement issue because motor vehicle registration compliance is achieved through law enforcement. She explained DMV anticipates incoming calls and follow-up calls on registration noncompliance.
Senator Raggio asked how new residents currently comply with the motor vehicle registration law and how that law is enforced.
Ms. Mathiesen replied responsibility lies with new residents and law enforcement.
Senator Raggio said if the law is not enforced DMV monies are lost. He asked what bills are being considered that address this issue.
Ms. Mathiesen replied a bill is being considered requiring new residents to register their vehicles at the time they obtain their drivers licenses. She explained new residents tend to put off vehicle registration. She said a recommended amendment to language in S.B. 214 is contained in her statement (Exhibit J).
Senator Raggio explained a fiscal note endorsed by Mr. Cauling, Chief of Administrative Services, DMV, of $250,655 per year to enforce vehicle registration. Senator Raggio asked why the cost is so high.
Martha Barnes, Administrator, Central Services and Records Division, Department of Motor Vehicles, explained there is a fiscal note attached to S.B. 214 in the amount of $250,655 for FY 2004. She said this amount covers five full-time employees, telephone set-up and usage associated with law enforcement’s teletype system, and a public relations campaign.
Senator Raggio asked why five full-time employees are needed. Ms. Barnes replied they are needed for staffing the smog hotline number and housing employees during evening working hours.
Senator Raggio asked whether there is another way to enforce vehicle registration compliance. Ms. Mathiesen said DMV’s central call system receives calls from the entire State.
Senator Raggio asked whether there is a public information program to advise new residents about vehicle registration. Ms. Mathiesen replied registration information is on DMV’s Web site, in the Nevada driver’s handbook, and at DMV offices.
Senator Raggio asked if funding is available for public service announcements. Ms. Mathiesen replied not at this time.
Senator Coffin asked whether registration fees can be increased for new residents. He said it is important for the State to capture registration monies. Ms. Mathiesen replied DMV is working on numbers for increased registration fees.
Senator Coffin asked when the report will be completed. Ms. Mathiesen replied the report is scheduled for completion on Tuesday, March 25, 2003.
Senator Raggio asked DMV to check with the committee on transportation to determine if there is additional information for the committee on S.B. 214.
Senator Raggio also asked DMV to check with other states to determine their procedure for enforcing new vehicle registration.
Senator Raggio closed the hearing on S.B. 214.
There being no further questions or comments, the Chairman adjourned the meeting at 10:40 a.m.
RESPECTFULLY SUBMITTED:
Pamela Carter,
Committee Secretary
APPROVED BY:
Senator William J. Raggio, Chairman
DATE: