Joint Appropriations Minutes 01/26/2005 8:00 AM

Tom Dravland, Secretary of Public Safety introduced his staff and gave a brief overview of the department. In response to questions from the Joint Committee, Document 1 was distributed.

The department's mission is to keep South Dakota a safe place to live, work, visit, and raise a family. Secretary Dravland said this mission is carried out by the department's 402 employees, a majority of which do not live or work in Pierre. Highlights of the past year include:

Highway Patrol - The Highway Patrol's main duty is to patrol the highways, respond to calls for assistance, find and remove drunk and drugged drivers from the highways, and enforce traffic laws in an attempt to improve highway safety in South Dakota. In the last year, the Patrol drove approximately 5.2 million miles, assisted 8,900 motorists disabled roadside and presented 3,800 hours of education to schools and various civic organizations in an effort to educate the public on highway safety.
Motor Carrier Services - The division is responsible for checking trucks to be sure they have the proper permits, 525,000 trucks were check last year. The division permits for commercial vehicles traveling into and through South Dakota amounting to $2.7 million.
State Radio - Received and relayed 360,000 calls last year (both radio & telephone).
Highway Safety - In the past two years the office distributed 1,850 infant seats, 3,760 convertible child seats, 2,820 booster seats and 15 special needs car seats. The office has assisted in training 2,930 new motorcycle drivers, funded 22 community safety courses, funded over $1 million in law enforcement equipment and training for 160 local law enforcement agencies.
Accidents records - Received and processed 18,000 crash records.
Emergency Medical Services - Assisted in training 620 new EMT 's and licensed approximately 1,490 EMT's and 150 ambulance services statewide.
Emergency Management - The division made 275 on-site emergency management visits to all 66 counties and tribal governments, and participated in 55 emergency exercises.
State Fire Marshall - Conducted 57 large scale fire investigations, 400 code reviews and assisted with development and implementation of 412 fire fighter training courses involving 6,250 firefighters.
Drivers Licensing - 152,500 drivers licenses or ID cards were issued. The office provided 475,000 abstracts of driving records to insurance companies or citizens and posted nearly 93,000 drivers infractions to various drivers licenses.
Weights & Measures - Inspected 2,000 heavy scales, 9,100 retails scales, pumps & meters, and performed 28,800 inspections for the departments Social Services, Education, Health, Agriculture and the State Lottery.
Homeland Security Office - The division continues to focus on domestic preparedness efforts, along with the Office of Emergency Management, with all levels of government on a daily basis. Since1999 the Federal government has granted $42 million to South Dakota and the state has allocated these funds state, local and tribal planning committees involved in preparedness programs. These programs are across all 66 counties and 9 tribes.

Secretary Dravland said the agencies that make up the department collected $8,194,000 in revenue for South Dakota through various license fees or other collections. Public Safety employees are involved daily in the mandatory functions of providing for the public safety of South Dakota and its citizens.

The Governor's recommended department budget consists of $3,565,726 from the General Fund, $29,247,529 from federal funds, and $22,158,527 from other funds, for a total budget of $54,971,782 and 407.5 FTEs. This is an increase of $1,347,922 or 2.5% and 5.0 FTE. Funding source increases include $76,384 from the General Fund, $728,496 from federal funds, and $543,042 from other funds.

ADMINISTRATION - The total recommended budget consists of $39,194 from General Funds and $520,846 from other funds, for a total of $560,040 and 6.0 FTEs.

In response to Question #5: What is your definition of a mandatory FTE?, Secretary Dravland told Joint Committee the department has been charged with numerous responsibilities in both state and federal law. The department considers all the FTE needed to fulfill those responsibilities mandatory. The department had 402.5 FTE in FY 2005 and has requested 407.5 for FY 2006. Personal services were $19,566,887 in FY 2005 and are projected to be $19,845,920 in FY 2006.

ENFORCEMENT - The Division of Enforcement includes the Highway Patrol, Accident Records, Highway Safety, and State Radio. Colonel Mosteller spoke to the division's budget and said the total recommended budget consists of $1,674,244 from General Funds, $3,321,430 from federal funds, and $16,752,886 from other funds, for a total of $21,748,560 and 281.0 FTEs.

The Highway Patrol budget has a $269,501 net increase:
1 *      an increase in Personal Services of $197,634 and 5.0 FTEs. The additional FTE would provide Capitol security and law enforcement response on a 24-hour basis for buildings, structures, and property in Pierre.
2 *      an increase in Travel of $101,176 due to inflation costs for meals and lodging.
3 *      an increase of $41,385 for a computer consultant ($13,885) and capitol security costs ($27,500).
4 *      an increase of $170,906 in Supplies and Materials due to increased gas prices and Canine Unit supplies.
5 *      a decrease of $241,600 in Capital Outlay.

Representative Klaudt asked if the 5.0 FTE, proposed to be transferred from the Bureau of Administration (BOA) to Public Safety, would be trained as highway patrolmen. Colonel Dan Mosteller said yes, they will make up a squad headquartered at the Capitol complex. Representative Klaudt asked how many vacant FTE were in the Highway Patrol last year. Colonel Mosteller said there are currently no vacant positions. Representative Klaudt asked if highway patrolmen were paid more than the current capital security staff and, if so, would there be an increase to the General Fund for these employees. Colonel Mosteller said yes, the salary difference is approximately $4.00/hour plus benefits. BOA will transfer $197,634 in personal services to Public Safety for the 5.0 FTE. An additional $27,500 will be needed for operating expenses.

Senator Napoli asked if this level of training was necessary for capital security, would these FTE be overtrained and could the department accomplish the same thing with additional training for capital security. Colonel Mosteller said possibly; however, when someone is trained to the level needed to respond to all situations, they not only deserve the pay, they expect it. Senator Napoli asked if it would be a morale buster for the employees to be trained at this level and then asked to protect the Capital. Colonel Mosteller said he understood the concern and explained this duty would be like any other squad. Colonel Mosteller said some squad locations are more desirable than others and if a vacancy occurs in another squad, the employees would be able to apply for transfer.

Secretary Dravland said he saw the plan working in two ways, 1) a new recruit may be satisfied with this environment when just starting out and, 2) senior troopers currently out on the road may see this squads location as a place for them to take a break from road duty. Representative Klaudt asked if each of the new FTE would have their own vehicle and Colonel Mosteller said no. Representative Hunhoff asked if there were highway patrolmen in the Capital now. Colonel Mosteller said yes, the patrol spends time in the Capital now, especially for special events. Colonel Mosteller said it was important that individuals on duty be trained at a high level and with the amount of time the patrol spends at the Capital now, it was logical that staff be assigned there. Paying travel time, meals, lodging and overtime makes it efficient to have staff assigned there. Representative Hunhoff asked if the trained FTE would replace those patrolmen that are currently being brought in to patrol. Colonel Mosteller said yes.

Representative Klaudt asked if the department had information on what is currently spent for capital security. Colonel Mosteller said he was unable to break out funds the Highway Patrol has spent on capital security work; however, the Bureau of Administration spent $26,000 for overtime in FY 2003 for capital security.

Representative Glenski asked if there had been any problems with the people currently doing the security. Colonel Mosteller said no, capital security has done a good job for what they were trained and paid to do; however, things have changed and people expect a higher level of security today.

Representative Dennert asked if the new squad would be trained to go to other locations when there is a high need. Colonel Mosteller said generally troopers are trained to go wherever needed; however, this squad will not be used outside the Capital, the Capital will not be left unsecured.

Senator Napoli asked the department to provide the Joint Committee with information on how this proposal will save money vs. providing the current Capitol Security staff with additional training and money.

Representative Hunhoff asked if the department could provide information on the comparison of overtime costs and the money coming over from the BOA. Colonel Mosteller said the department would provide the best information they had.

Senator Apa asked if the requested 5.0 FTE would be on duty 24/7/365. Colonel Mosteller said yes, and if a trooper is needed to fill in, a Pierre based trooper will be used to avoid paying overtime. Senator Apa asked if having these 5 troopers based at the Capital would impact the law enforcement training fund. Colonel Mosteller said he doesn't look at the troopers as a source of revenue, and he felt the impact would be minimal.

Representative Haverly asked if the department was over-utilizing the Highway Patrol during times of heightened alert, should these troopers be out on the road instead of patrolling Mt. Rushmore and Ellsworth Air Force Base, locations that already have security present. Colonel Mosteller said when the alert level is raised, the patrol has a different response depending on the alert level. The patrol may spend more time at those locations; however their goal is to protect the state's critical infrastructure. Colonel Mosteller said there are120 troopers who work the road and they have a list of areas to check during these alert levels. The troopers are not driving areas that are not normally covered, they are merely making the public aware of their presence. Representative Haverly asked if the money paid out for overtime during an increased alert, was state or federal. Secretary Dravland said if the alert is raised, the overtime hours spent on Homeland Security functions by the Highway Patrol or other law enforcement agencies is covered by Homeland Security funds, regular work hours are not.

The Highway Safety budget has a net increase of $650,037 (all federal funds):
6 *      an increase of $36,515 in Personal Services
7 *      an increase of $5,000 in Travel
8 *      an increase of $295,000 in Contractual Services for media, program assessments, youth substance abuse screenings, data analysis and surveys.
9 *      an increase of $313,522 for grants to other agencies, local and state

The State Radio budget is requesting $44,884 from the General Fund for reclassification of employees ($34,884) and an increase in worker's compensation rates ($10,000). Senator Apa said the department had gone a year without asking for additional funding to cover the reclassification of State Radio employees, he asked how the raises were handled in the FY 05 budget? Jeannette Schipper told the Joint Committee the department was doing the best they could; however, they may need to come and ask for an appropriation. Senator Apa asked, if the department requested an interim appropriation, would it be a move from Operating to Personal Services. Ms. Schipper said yes.

Representative Klaudt asked who was in charge of State Radio. Colonel Mosteller said there were supervisors in Huron, Pierre and Rapid City. These 3 supervisors answer to St. Driscoll located at headquarters in Pierre. State Radio has 26 employees, 9 in Huron, 9 in Pierre and 8 in Rapid City. Colonel Mosteller told the Joint Committee the Highway Patrol handles only the dispatch function at State Radio, the equipment and technology issues are handled by BIT. Representative Glenski asked if the 4.5% salary increases were based on job worth. Colonel Mosteller said no, it was a move to a different job classification. Representative Klaudt asked the department to provide the Joint Committee with a list of State Radio employees, classifications and duties.

Representative Haverly asked if other agencies use State Radio. Colonel Mosteller said yes, approximately 70% of the usage is by the Highway Patrol, 8% by local law enforcement (sheriffs), 2% by the Department of Game, Fish & Parks and other agencies such as, tribal governments, hospitals, and ambulances. Chris Peterson, with the Bureau of Finance and Management told the Committee State Radio is reimbursed for use by other state agencies and because State Radio is funded by General Funds, transfers are done in the general appropriations bill. Representative Haverly asked the department to provide the Joint Committee with a list showing the percentage of use by other agencies and reimbursement.

Senator Apa asked if drug dogs stay with their handlers at all times. Colonel Mosteller said yes and that was the reason the heavy duty kennels were included in the division's budget. Colonel Mosteller told the Joint Committee the patrolman that has custody of the dog receives a 5% increase for dog care. Food and veterinarian bills are covered by Highway Patrol.

Senator Napoli asked how much money the canine unit has brought in. Major Carpenter advised the Joint Committee approximately $9 million in cash and drugs, $2.5 million in cash alone. Major Carpenter said the money goes to the Drug Seizure fund managed by the Attorney General and used to support further apprehension and prosecution of drug traffickers.

Senator Klaudt asked if the Highway Patrol used BOA to purchase their vehicles. Colonel Mosteller said no.

Representative Glenski asked for more information on the booster seat program. Roy Meyer, Director of Highway Safety said the program is 6-7 years old. Criteria for distribution requires the recipient to be on some form of assistance, i.e. WIC, food stamps. Federal funds are used for the program. Representative Hunhoff asked if there had been a change in the funding source for the number of seats available. Mr. Meyer said no, the division has revamped the program, trying to do more with the money, to providing training to educate the public on the need for the car seats and how to use them. The division has 80 locations where the seats are available. The program partners with hospitals, Social Services and others in making the seats available.

Senator Greenfield asked about the federally funded FTE that had been requested and not recommended by the Governor. Mr. Meyer said the work is being done now; however, the division wants to do a more in-depth study in this field. Senator Greenfield asked if the importance of the position was driven by the available federal funding. Mr. Meyer said no, the division is continually trying to bring in more data sources to find ways to reduce fatalities, merge that data, track information from outside agencies, treatment programs and etc. Senator Greenfield asked how long the federal money would be available, will the position become a state burden at some time, and is there a float there since no FTE is authorized. Colonel Mosteller said the money was recommended strictly for alcohol related programs. The money was left in Personal Services when the FTE was not recommended. Senator Greenfield asked what plan the department had for the money. Chris Peterson, from the Bureau of Finance & Management, told the Joint Committee there is a request in the operating side of the budget to work with Alcohol and Drug programs, the Governor did not recommend the FTE but that the money be used with these programs in conjunction with money currently there. Mr. Peterson said an amendment will be coming to move the money from Personal Services to Operating Expenses.

Question No. 4: What is the budget for FY 05 and 06 for the promotion of designated drivers? The department has not budgeted specifically for this promotion but is conducting a study on college campuses to evaluate the impact the campaign has had on student behavior. Mr. Meyer said there is no cost to the state for the study. Senator Apa asked if there were any national statistics on how successful these programs are. Mr. Meyer said no. Other states have safe ride programs that have been successful. Mr. Meyer told the Joint Committee that as part of the evaluation, they will be surveying retailers as well as students. Mr. Meyer said the total cost of the campaign, including the buttons, was $54,000. Cellular One and Sprint paid $10,000 of those costs and the shipping and distribution of approximately 40,000 buttons was provided by the South Dakota Beer Distributors. Colonel Mosteller said it is impossible to provide a number for how many lives have been saved. It is the overall goal of the department to eliminate all alcohol-related motor vehicle crashes. The Department has initiated a very valuable partnership with Anheuser-Busch in an effort to increase public awareness of personal responsibility. Colonel Mosteller said the department wants to improve roadway safety and prevent drunk driving.

Meeting recessed at 9:45.
Meeting reconvened at 10:00 a.m.

EMERGENCY SERVICES: Kristi Turman, Director of Emergency Management told the Joint Committee the division's mission is to provide for the safety of the public by assisting state and local governments to improve their capability to prepare for, respond to, and recover from an emergency or disaster event by firefighters, and ambulance personnel, reviewing building plans, inspecting facilities for life safety requirements, and investigating fires. The office also administers the Homeland Security federal funds.

The total recommended budget consists of $1,371,764 from the General Funds, $2,936,073 from federal funds, and $226,520 from other funds for a total budget of $4,534,357 and 29.5 FTEs.
Senator Earley asked if the division was funded by Homeland Security funds. Ms. Turman said the division works hand in hand with the Office of Homeland Security (HS). The division provides staff support and any time spent on those issues are billed to Homeland Security. Senator Earley asked what types of equipment can be purchased with Homeland Security funding. Ms. Turman said the necessary equipment would already be in their center, and HS funding could be used for these types of equipment (computers, etc.).

Senator Napoli asked if the division was duplicating services provided by other local agencies. Kristi Turman said there is a process that evolves before the state emergency management office gets involved. In the event of an emergency the locals will respond first and if the incident is large and the entity needs help they would go to the county. The county and city would next review mutual aid agreements with surround cities and counties. If these agencies are not adequately able to respond they declare an emergency and ask the state for assistance.

Senator Greenfield asked where the defibrillators will they be distributed. Bob Graff, Director of Emergency Medical Services said this year the distribution is to rural school systems, next years grant will allow distributions to ambulance services. Senator Greenfield asked about the shift of funds from capital outlay to grants and subsidies. Jeannette Schipper said this was to correct an error, the funds were placed in capital assets and should have been in grants. Mr. Graff said the federal grant funds allowed distribution to law enforcement, first responders and fire fighters the first year, schools the 2^nd year and ambulance services the 3^rd year. Many of the defibrillators currently in ambulances are old and need to be replaced. Mr. Graff said the new defibrillators are pediatric compliant. Mr. Graff said the defibrillators that are in good working condition will be given to local organizations. The defibrillators cost approximately $1,500 and 100 will be purchased this year. Representative Hunhoff asked why defibrillators are being supplied to schools. Mr. Graff said the distribution ranking was done in consultation with the Department of Health. Schools were selected because school functions are a meeting place for the public and the division and the Department of Health saw a need at this location. Senator Apa asked how the liability issue is addressed when defibrillators are placed in these locations. Mr. Graff said ambulance services have liability insurance and volunteers are covered by Good Samaritan law.

Representative Tidemann asked what plans were in place to deal with the lack of EMT's in the future. Secretary Dravland said a majority of South Dakota's ambulance services are volunteer and these organizations are experiencing some difficulty in recruiting and retaining volunteer ambulance personnel. Nationally there is a concern about volunteers for both EMT's and fire fighters. The Division works with the national organization to ensure the testing and training requirements are reasonable, not enough that it would deter volunteers, because recruitment is tough. In response to Representative Dennert's concern, Al Christie, State Fire Marshall said it is difficult for small local fire departments to afford training costs and the equipment necessary. Representative Hunhoff asked if the division used any internet training. Bob Graff said a limited amount is offered. The department provides a small amount of training and assists in the setup of training by locals.

Senator Apa asked if the federal government allows any waiver in the requirements for small volunteer ambulance and fire fighting organizations. Mr. Graff said the requirements were state law not federal. The state has a hardship exemption that can be applied for where the department will work with the organization to get back in line with the requirements. If the problem is still there, they can apply for a one-year exemption and the department will go out to the community to help them. Mr. Christie said the fire fighter requirement is 3 hours of hazardous awareness training. There are no state mandates for structure training; however, wild lands fire training is different. A federal mandate requires the volunteers to reach a certain level of training and there are no waivers. Mr. Graff added that in the last 15-20 years no ambulance services have been lost.

INSPECTION and LICENSING: Jeannette Schipper, Director of Inspection and Licensing said their mission was to provide for the health and safety of the public by licensing drivers, maintaining driver records, and inspecting facilities for safety and devices for accuracy. The total recommended budget is $480,524 from the General Fund, $300,000 from federal funds, and $4,658,275 from other funds, for a total budget of $5,438,799 and 88.0 FTEs.
Weights & Measuring is a general funded program and requests a $31,500 increase in contractual services to update their data base, equipment service and maintenance, and $25,000 for inspection services. Representative Putnam asked about the training and qualifications of inspectors. Ms. Schipper said inspectors are trained to do a variety of inspections with the training provided by various agencies. Ms. Schipper said the only inspectors not cross trained are the 3 heavy scale inspectors.

Driver Licensing is requesting:
10 *      an increase in Contractual Services of $52,000 from other funds to move an exam station in Sioux Falls and provide maintenance of the automated testing system,
11 *      an increase in Supplies and Materials of $10,200 for postage, and
12 *      an increase of $300,000 from federal funds to expand the automated knowledge testing for all driver licensing exam stations. The federal funds are from the Federal Motor Carrier Safety Administration and require no state match.

Representative Peters said it appears more money has come in than what was expended in the Motor Vehicle Fund, where does that money go? Ms. Schipper said by law the revenue is transferred to the Road and Bridge Fund and distributed to counties.

HOMELAND SECURITY (Documents 2 and 3) - John Berheim, Homeland Security Coordinator said their mission was to keep South Dakota free from any acts of terrorism by coordinating an information sharing network between all levels of government, assisting in on-going assessments of their jurisdictions to determine their anti-terrorism needs; and managing Homeland Security funds. The recommended budget consists of $22,690,026 from federal funds and 3.0 FTEs. This is a zero growth budget. Mr. Berheim said Homeland Security (HS) funds are 100% federal funds with an 80/20 split, 80% going to local jurisdictions (including all 66 counties and 9 tribal governments) and 20% to the state.

In response to Representative Putnam's questions, discussion followed on past problems in which entities purchased equipment and/or vehicles with HS funds and then were not allowed to use them. Mr. Berheim explained the federal criteria agencies need to follow when requesting purchases with HS funds. Mr. Berheim said his office reviews requests to insure they are written in compliance with the criteria and he believes this problem has been taken care of.

Senator Earley commented that South Dakota receives a good deal of HS funds, the fund balance is large. Senator Earley asked if the fund was over-funded and where will this money be spent? Mr. Berheim said the HS fund balances change daily. The process for HS fund distribution is that local jurisdictions send their requests to the Homeland Security Office for approval. Depending upon the request, Mr. Berheim may have to obtain federal approval before making payment. Mr. Berheim said most of the earlier money has been earmarked for a specific purpose, the items are not purchased yet or the agency hasn't been reimbursed. One million dollars has to be expended by April of 2005and another portion by the end of 2005. The local jurisdictions know what they need, but haven't made the purchase yet. Mr. Berheim said the 1999 money is gone, the 2000-2001 money deadline is 2007, the 2002 money is gone, 2003 money came in two parts with $700,000 left. FY 04 money is currently being worked on. Mr. Berheim said it takes time to decide on what is needed, time to purchase, and time to make payment. It is anticipated South Dakota's future appropriations will be smaller. The FY 05 grant budget increased; however, the largest apportionments went to big cities across the nation and the federal guidelines have become more rigid.

Representative Haverly asked if there will be a time when the federal funds are no longer available and South Dakota operates these programs on their own. Mr. Berheim said he feels the federal government will continue to support this program but the support will be less. The new grant has a 30-month window and that may become the standard. Representative Haverly asked if the agency had a plan to operate without the federal dollars. Mr. Berheim said he wasn't sure how they would purchase the things needed if no federal funds are available. Secretary Dravland said the state still had the Emergency Management Program and while some of the HS funding goes through emergency management, one can operate without the other. In addition, in terms of a plan, everything done in HS arena is based on the 2004 assessment of South Dakota's readiness, abilities and capabilities to cover and address an attack.

Representative Glenski asked to what extent the Citizen Corp Programs were involved. Mr. Berheim said the local groups enhance security in the community. Secretary Dravland said the Citizen Corp programs had an allocation of $315,000 through the HS funding. This funding was used for organizing the groups, training expenses, costs to hold meetings and ongoing expenses.

Representative Tidemann asked about the progress of school security systems. Mr. Berheim said the project is about 25% complete. Higher education fits into the program by way of the 20% state funds.

Representative Hunhoff asked how the division knows what the various groups are doing and if they are doing the right thing for their area. Mr. Berheim said the local groups are required to hold meetings and report back to the division. Each of the local entities (schools, hospitals, fire fighters, EMT, local law enforcement, etc.) must be represented and have a say in how the money is spent. Mr. Berheim said they have to trust the locals to know their needs, the HS offices does not micro- manage.

Senator Smidt commented that Homeland Security issues are not going away. The Joint Committee has no way of knowing what the HS funding is being spent on or where South Dakota stands on terrorism preparedness. Mr. Berheim said the HS office has done an assessment twice, once in 1999 and again in 2004. This information is treated as sensitive; however portions have been made known to local entities and they have done their part. Mr. Berheim said new requirements are coming regarding reporting, purchases must be tied to a specific project. Senator Smidt said he was willing to review this information for the benefit of the Joint Committee. Co-Vice Chair Klaudt asked Senator Smidt to meet with the Co-Chairs to discuss this issue.

Representative Peters asked who makes the decision when an entity makes a claim. Mr. Berheim said the county emergency managers and tribal officials are told how much money they have to spend and they decide how to spend it. The entity sends a detailed work sheet or request to HS. The request goes to the Program Manager for review. Smaller requests are approved at the program level. Questionable items are approved or denied by Mr. Berheim and some requests require approval from the federal agency. The HS office sends the entities authorization for what they can spend and after the item is purchased the invoice comes back to HS for payment. Each county gets the same base amount of funds and the remaining portion is based on population.

Representative Peters asked for an explanation of the negative balances in available funds as of December 31, 2004. How does the agency know which category to spend the money from. Ms. Schipper said the department budgeted the best they could at the time the budget was put together. Ms. Schipper said HS spending may better under Contractual services.