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CHAPTER 475, AB 560

Assembly Bill No. 560–Committee on Ways and Means

 

CHAPTER 475

 

[Approved: June 16, 2011]

 

AN ACT relating to state employees; eliminating the required payment of a state employee at the rate of time and one-half for working on a holiday; continuing the temporary suspension of the semiannual payment of longevity pay and merit pay increases for state employees; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides, in addition to paying state employees on state holidays, for payment at the rate of time and one-half for employees who work on a holiday. (NAC 284.256) Section 1 of this bill eliminates this premium for working on a holiday.

       Existing law provides for a plan to encourage continuity of service in State Government, under which semiannual payments are made to state employees rated standard or better with 8 years or more of continuous service, commonly known as “longevity pay.” (NRS 284.177) Existing law also provides for state employees who are rated standard or better and have not attained the top step of their grade to receive a merit pay increase annually. (NRS 284.175, 284.335; NAC 284.194) Those semiannual payments and merit pay increases were temporarily suspended by the Legislature in 2009 for the 2009-2011 biennium. (Chapter 276, Statutes of Nevada 2009, p. 1164-65, as amended by chapter 465, Statutes of Nevada 2009, p. 2642-43) Section 5 of this bill continues the suspension of those payments and increases for the next 2 fiscal years.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 284.180 is hereby amended to read as follows:

     284.180  1.  The Legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan in no way limits the authority of the Legislature relative to budgeted appropriations for salary and wage expenditures.

     2.  Credit for overtime work directed or approved by the head of an agency or the representative of the head of the agency must be earned at the rate of time and one-half, except for those employees described in NRS 284.148.

     3.  Except as otherwise provided in subsections 4, 6, 7 and 9, overtime is considered time worked in excess of:

     (a) Eight hours in 1 calendar day;

     (b) Eight hours in any 16-hour period; or

     (c) A 40-hour week.

     4.  Firefighters who choose and are approved for a 24-hour shift shall be deemed to work an average of 56 hours per week and 2,912 hours per year, regardless of the actual number of hours worked or on paid leave during any biweekly pay period. A firefighter so assigned is entitled to receive 1/26 of the firefighter’s annual salary for each biweekly pay period.

 


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the firefighter’s annual salary for each biweekly pay period. In addition, overtime must be considered time worked in excess of:

     (a) Twenty-four hours in one scheduled shift; or

     (b) Fifty-three hours average per week during one work period for those hours worked or on paid leave.

Ê The appointing authority shall designate annually the length of the work period to be used in determining the work schedules for such firefighters. In addition to the regular amount paid such a firefighter for the deemed average of 56 hours per week, the firefighter is entitled to payment for the hours which comprise the difference between the 56-hour average and the overtime threshold of 53 hours average at a rate which will result in the equivalent of overtime payment for those hours.

     5.  The Commission shall adopt regulations to carry out the provisions of subsection 4.

     6.  For employees who choose and are approved for a variable workday, overtime will be considered only after working 40 hours in 1 week.

     7.  Employees who are eligible under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour work schedule within a biweekly pay period and who choose and are approved for such a work schedule will be considered eligible for overtime only after working 80 hours biweekly, except those eligible employees who are approved for overtime in excess of one scheduled shift of 8 or more hours per day.

     8.  An agency may experiment with innovative workweeks upon the approval of the head of the agency and after majority consent of the affected employees. The affected employees are eligible for overtime only after working 40 hours in a workweek.

     9.  This section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the Commission.

     10.  All overtime must be approved in advance by the appointing authority or the designee of the appointing authority. No officer or employee, other than a director of a department or the chair of a board, commission or similar body, may authorize overtime for himself or herself. The chair of a board, commission or similar body must approve in advance all overtime worked by members of the board, commission or similar body.

     11.  The Budget Division of the Department of Administration shall review all overtime worked by employees of the Executive Department to ensure that overtime is held to a minimum. The Budget Division shall report quarterly to the State Board of Examiners the amount of overtime worked in the quarter within the various agencies of the State.

     12.  A state employee is entitled to his or her normal rate of pay for working on a legal holiday unless the employee is entitled to payment for overtime pursuant to this section and the regulations adopted pursuant thereto. This payment is in addition to any payment provided for by regulation for a legal holiday.

     Secs. 2-4.  (Deleted by amendment.)

     Sec. 5.  1.  The four semiannual payments to which a state employee would otherwise be entitled pursuant to NRS 284.177 must not be made during the period beginning on July 1, 2011, and ending on June 30, 2013. For the purposes of payments made pursuant to NRS 284.177 on or after July 1, 2013, any service during that 2-year period must be considered in determining the length of continuous service of an employee, but an employee is not entitled to semiannual payments that would otherwise have been made during the period during which the semiannual payments are suspended.

 


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July 1, 2013, any service during that 2-year period must be considered in determining the length of continuous service of an employee, but an employee is not entitled to semiannual payments that would otherwise have been made during the period during which the semiannual payments are suspended.

     2.  No merit pay increases to which a state employee would otherwise be entitled pursuant to chapter 284 of NRS and the regulations adopted pursuant thereto may be granted during the period beginning on July 1, 2011, and ending on June 30, 2013. For the purposes of merit pay increases granted on or after July 1, 2013, an employee is not entitled to any increases that would otherwise have been granted during that period.

     Sec. 6.  This act becomes effective on July 1, 2011.

________

CHAPTER 476, AB 561

Assembly Bill No. 561–Committee on Ways and Means

 

CHAPTER 476

 

[Approved: June 16, 2011]

 

AN ACT relating to governmental financial administration; delaying the commencement of certain transfers to the Fund to Stabilize the Operation of the State Government; revising the provisions governing the rate and calculation of the payroll tax imposed on certain businesses other than financial institutions; requiring the deposit of certain fees imposed on the short-term lease of passenger cars into the State General Fund; extending the prospective expiration of certain requirements regarding the imposition and advance payment of certain taxes and fees; requiring the transfer of money from the Fund to Stabilize the Operation of the State Government to the State General Fund; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The Fund to Stabilize the Operation of the State Government, also known as the Rainy Day Fund, is a special revenue fund into which surplus state revenues are deposited to be used in case of fiscal emergencies. Under existing law, the State Controller is required to transfer from the State General Fund to the Fund to Stabilize the Operation of the State Government at the beginning of each fiscal year that begins on or after July 1, 2011, 1 percent of the total anticipated revenue projected for that fiscal year by the Economic Forum in May of odd-numbered years, as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal year. (NRS 353.288) Sections 1 and 10 of this bill delay the commencement of those transfers until July 1, 2013.

       Section 16 of this bill requires the State Controller to transfer a sum of money from the Fund to Stabilize the Operation of the State Government to the State General Fund.

       Existing law imposes an excise tax on certain businesses other than financial institutions at the rate of 0.5 percent of the total wages paid by the business each calendar quarter that do not exceed $62,500 and 1.17 percent of those wages paid in excess of $62,500. (NRS 363B.110) On July 1, 2011, this rate is scheduled to change to 0.63 percent of the total wages paid by the business each calendar quarter. (Chapter 395, Statutes of Nevada 2009, pp. 2190, 2199) Section 4 of this bill revises that rate change until June 30, 2013, to impose no tax on the wages paid by the business each calendar quarter that do not exceed $62,500 and to impose the tax at the rate of 1.17 percent of the total wages paid by the business each calendar quarter in excess of $62,500.

 


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calendar quarter that do not exceed $62,500 and to impose the tax at the rate of 1.17 percent of the total wages paid by the business each calendar quarter in excess of $62,500.

       Under existing law, a short-term lessor of passenger cars is required to collect from its customers a governmental services fee of 10 percent of the adjusted total amount of each lease, and to remit the fee to the Department of Taxation. Of the amount remitted to the Department, 90 percent must be deposited in the State General Fund and 10 percent must be deposited in the State Highway Fund. (NRS 482.313) Section 6 of this bill instead requires the deposit of all of that amount into the State General Fund.

       Existing law requires, until June 30, 2011, the advance payment of the tax on the net proceeds of minerals based upon the estimated net proceeds and royalties of a mining operation for the current calendar year. (Chapter 4, Statutes of Nevada 2008, 25th Special Session, pp. 15-18, 23) Sections 7, 8, 9 and 11 of this bill delay the expiration of this requirement for advance payment until June 30, 2013.

       Existing law imposes an annual fee of $200 for a state business license. (NRS 76.100, 76.130) On July 1, 2011, this fee is scheduled to change to $100. (Chapter 429, Statutes of Nevada 2009, pp. 2408-10) Section 10.3 of this bill delays this change until July 1, 2013.

       Existing law requires, until June 30, 2011, an increase in the rate of the Local School Support Tax of 0.35 percent. (Chapter 395, Statutes of Nevada 2009, pp. 2191, 2199) Section 10.7 of this bill delays the expiration of this increase until June 30, 2013.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 353.288 is hereby amended to read as follows:

     353.288  1.  The Fund to Stabilize the Operation of the State Government is hereby created as a special revenue fund. Except as otherwise provided in subsections 3 and 4, each year after the close of the previous fiscal year and before the issuance of the State Controller’s annual report, the State Controller shall transfer from the State General Fund to the Fund to Stabilize the Operation of the State Government:

     (a) Forty percent of the unrestricted balance of the State General Fund, as of the close of the previous fiscal year, which remains after subtracting an amount equal to 7 percent of all appropriations made from the State General Fund during that previous fiscal year for the operation of all departments, institutions and agencies of State Government and for the funding of schools; and

     (b) Commencing with the fiscal year that begins on July 1, [2011,] 2013, 1 percent of the total anticipated revenue for the fiscal year in which the transfer will be made, as projected by the Economic Forum for that fiscal year pursuant to paragraph (e) of subsection 1 of NRS 353.228 and as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal year.

     2.  Money transferred pursuant to subsection 1 to the Fund to Stabilize the Operation of the State Government is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.

     3.  The balance in the Fund to Stabilize the Operation of the State Government, excluding the aggregate balance in the Disaster Relief Account and the Emergency Assistance Subaccount, must not exceed 20 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be transferred to the Fund to Stabilize the Operation of the State Government.

 


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and the Emergency Assistance Subaccount, must not exceed 20 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be transferred to the Fund to Stabilize the Operation of the State Government.

     4.  Except as otherwise provided in this subsection and NRS 353.2735, beginning with the fiscal year that begins on July 1, 2003, the State Controller shall, at the end of each quarter of a fiscal year, transfer from the State General Fund to the Disaster Relief Account created pursuant to NRS 353.2735 an amount equal to not more than 10 percent of the aggregate balance in the Fund to Stabilize the Operation of the State Government during the previous quarter, excluding the aggregate balance in the Disaster Relief Account and the Emergency Assistance Subaccount created pursuant to NRS 414.135. The State Controller shall not transfer more than $500,000 for any quarter pursuant to this subsection.

     5.  The Chief of the Budget Division of the Department of Administration may submit a request to the State Board of Examiners to transfer money from the Fund to Stabilize the Operation of the State Government to the State General Fund:

     (a) If the total actual revenue of the State falls short by 5 percent or more of the total anticipated revenue for the biennium in which the transfer will be made, as determined by the Legislature, or the Interim Finance Committee if the Legislature is not in session; or

     (b) If the Legislature, or the Interim Finance Committee if the Legislature is not in session, and the Governor declare that a fiscal emergency exists.

     6.  The State Board of Examiners shall consider a request made pursuant to subsection 5 and shall, if it finds that a transfer should be made, recommend the amount of the transfer to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.

     7.  If the Interim Finance Committee finds that a transfer recommended by the State Board of Examiners should and may lawfully be made, the Committee shall by resolution establish the amount and direct the State Controller to transfer that amount to the State General Fund. The State Controller shall thereupon make the transfer.

     8.  In addition to the manner of allocation authorized pursuant to subsections 5, 6 and 7, the money in the Fund to Stabilize the Operation of the State Government may be allocated directly by the Legislature to be used for any other purpose.

     Secs. 2 and 3.  (Deleted by amendment.)

     Sec. 4.  NRS 363B.110 is hereby amended to read as follows:

     363B.110  1.  There is hereby imposed an excise tax on each employer at the rate of [0.63] 1.17 percent of the amount by which the sum of all the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment in connection with the business activities of the employer [.] exceeds $62,500.

 


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     2.  The tax imposed by this section:

     (a) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

     (b) Must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.

     3.  Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:

     (a) File with the Department a return on a form prescribed by the Department; and

     (b) Remit to the Department any tax due pursuant to this chapter for that calendar quarter.

     Sec. 4.5.  NRS 363B.115 is hereby amended to read as follows:

     363B.115  1.  Except as otherwise provided in subsection 2, an employer may deduct from the total amount of wages reported [and upon which] for the purpose of calculating the amount of the excise tax [is imposed] required to be paid pursuant to NRS 363B.110 any amount authorized pursuant to this section that is paid by the employer for health insurance or a health benefit plan for its employees in the calendar quarter for which the tax is paid. The amounts for which the deduction is allowed include:

     (a) For a self-insured employer, all amounts paid during the calendar quarter for claims, direct administrative services costs, including such services provided by the employer, and any premiums paid for individual or aggregate stop-loss insurance coverage. An employer is not authorized to deduct the costs of a program of self-insurance unless the program is a qualified employee welfare benefit plan pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.

     (b) The premiums for a policy of health insurance or reinsurance for a health benefit plan for employees.

     (c) Any amounts which are:

           (1) Paid by an employer to a Taft-Hartley trust which:

                (I) Is formed pursuant to 29 U.S.C. § 186(c)(5); and

                (II) Qualifies as an employee welfare benefit plan; and

           (2) Considered by the Internal Revenue Service to be fully tax deductible pursuant to the provisions of the Internal Revenue Code.

     (d) Such other similar payments for health care or insurance for health care for employees as are authorized by the Department.

     2.  An employer may not deduct [from the wages upon which the excise tax is imposed pursuant to NRS 363B.110:] pursuant to subsection 1 any:

     (a) Amounts paid for health care or premiums paid for insurance for an industrial injury or occupational disease for which coverage is required pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or

     (b) [Any payments] Payments made by employees for health care or health insurance or amounts deducted from the wages of employees for such health care or insurance.

     3.  If the amount of the deduction allowed pursuant to this section to an employer for a calendar quarter exceeds the amount of reported wages for that calendar quarter, the excess amount of that deduction may be carried forward to the following calendar quarter until the deduction is exhausted. An employer claiming the deduction allowed pursuant to this section shall, upon the request of the Department, explain the amount claimed to the satisfaction of the Department and provide the Department with such documentation as the Department deems appropriate for that purpose.

 


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upon the request of the Department, explain the amount claimed to the satisfaction of the Department and provide the Department with such documentation as the Department deems appropriate for that purpose.

     4.  As used in this section:

     (a) “Claims” means claims for those categories of health care expenses that are generally deductible by employees on their individual federal income tax returns pursuant to the provisions of 26 U.S.C. § 213 and any federal regulations relating thereto, if those expenses had been borne directly by those employees.

     (b) “Direct administrative services costs” means, if borne directly by a self-insured employer and reasonably allocated to the direct administration of claims:

           (1) Payments for medical or office supplies that will be consumed in the course of the provision of medical care or the direct administration of claims;

           (2) Payments to third-party administrators or independent contractors for the provision of medical care or the direct administration of claims;

           (3) Rent and utility payments for the maintenance of medical or office space used for the provision of medical care or the direct administration of claims;

           (4) Payments for the maintenance, repair and upkeep of medical or office space used for the provision of medical care or the direct administration of claims;

           (5) Salaries and wages paid to medical, clerical and administrative staff and other personnel employed to provide medical care or directly to administer claims; and

           (6) The depreciation of property other than medical or office supplies, used for the provision of medical care or the direct administration of claims.

     (c) “Employee welfare benefit plan” has the meaning ascribed to it in 29 U.S.C. § 1002.

     (d) “Employees” means employees whose wages are included within the [measure] calculation of the amount of the excise tax imposed upon an employer by NRS 363B.110, and their spouses, children and other dependents who qualify for coverage under the terms of the health insurance or health benefit plan provided by that employer.

     (e) “Health benefit plan” means a health benefit plan that covers only those categories of health care expenses that are generally deductible by employees on their individual federal income tax returns pursuant to the provisions of 26 U.S.C. § 213 and any federal regulations relating thereto, if those expenses had been borne directly by those employees.

     (f) “Self-insured employer” means an employer that provides a program of self-insurance for its employees.

     Sec. 5.  NRS 408.235 is hereby amended to read as follows:

     408.235  1.  There is hereby created the State Highway Fund.

     2.  Except as otherwise provided by a specific statute, the proceeds from the imposition of any:

     (a) License or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this State; and

     (b) Excise tax on gasoline or other motor vehicle fuel,

 


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Ê must be deposited in the State Highway Fund and must, except for costs of administering the collection thereof, be used exclusively for the administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.

     3.  The interest and income earned on the money in the State Highway Fund, after deducting any applicable charges, must be credited to the Fund.

     4.  Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.

     5.  Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.

     6.  All bills and charges against the State Highway Fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the Director and must be presented to and examined by the State Board of Examiners. When allowed by the State Board of Examiners and upon being audited by the State Controller, the State Controller shall draw his or her warrant therefor upon the State Treasurer.

     7.  The money deposited in the State Highway Fund pursuant to NRS 244A.637 and 354.59815 must be maintained in a separate account for the county from which the money was received. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:

     (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways in that county as provided for in this chapter;

     (b) Must not be used to reduce or supplant the amount or percentage of any money which would otherwise be made available from the State Highway Fund for projects in that county; and

     (c) Must not be used for any costs of administration or to purchase any equipment.

     [8.  The money deposited in the State Highway Fund pursuant to NRS 482.313 must be maintained in a separate account. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:

     (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways as provided for in this chapter; and

     (b) Must not be used for any costs of administration or to purchase any equipment.]

     Sec. 6.  NRS 482.313 is hereby amended to read as follows:

     482.313  1.  Upon the lease of a passenger car by a short-term lessor in this State, the short-term lessor shall charge and collect from the short-term lessee:

 


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     (a) A governmental services fee of 10 percent of the total amount for which the passenger car was leased, excluding the items described in subsection 7; and

     (b) Any fee required pursuant to NRS 244A.810 or 244A.860.

Ê The amount of each fee charged pursuant to this subsection must be indicated in the lease agreement.

     2.  The fees due from a short-term lessor to the Department of Taxation pursuant to subsection 1 are due on the last day of each calendar quarter. On or before the last day of the month following each calendar quarter, the short-term lessor shall:

     (a) File with the Department of Taxation, on a form prescribed by the Department of Taxation, a report indicating the total amount of each of the fees collected by the short-term lessor pursuant to subsection 1 during the immediately preceding calendar quarter; and

     (b) Remit to the Department of Taxation the fees collected by the short-term lessor pursuant to subsection 1 during the immediately preceding calendar quarter.

     3.  Except as otherwise provided in a contract made pursuant to NRS 244A.820 or 244A.870, the Department of Taxation shall deposit [:

     (a) All] all money received from short-term lessors pursuant to the provisions of [paragraph (b) of] subsection 1 with the State Treasurer for credit to the State General Fund . [;

     (b) Nine-tenths of the money received from short-term lessors pursuant to the terms of paragraph (a) of subsection 1 with the State Treasurer for credit to the State General Fund; and

     (c) One-tenth of the money received from short-term lessors pursuant to the terms of paragraph (a) of subsection 1 with the State Treasurer for credit to the State Highway Fund for administration pursuant to subsection 8 of NRS 408.235.]

     4.  To ensure compliance with this section, the Department of Taxation may audit the records of a short-term lessor.

     5.  The provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of this chapter.

     6.  The Department of Motor Vehicles shall, upon request, provide to the Department of Taxation any information in its records relating to a short-term lessor that the Department of Taxation considers necessary to collect the fees described in subsection 1.

     7.  For the purposes of charging and collecting the governmental services fee described in paragraph (a) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:

     (a) The amount of any fee charged and collected pursuant to paragraph (b) of subsection 1;

     (b) The amount of any charge for fuel used to operate the passenger car;

     (c) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;

     (d) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property; and

     (e) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible.

     8.  The Executive Director of the Department of Taxation shall:

 


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     (a) Adopt such regulations as the Executive Director determines are necessary to carry out the provisions of this section; and

     (b) Upon the request of the Director of the Department of Motor Vehicles, provide to the Director of the Department of Motor Vehicles a copy of any record or report described in this section.

     Sec. 6.5.  NRS 701A.370 is hereby amended to read as follows:

     701A.370  1.  If the Commissioner approves an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, of:

     (a) Property taxes imposed pursuant to chapter 361 of NRS, the partial abatement must:

           (1) Be for a duration of the 20 fiscal years immediately following the date of approval of the application;

           (2) Be equal to 55 percent of the taxes on real and personal property payable by the facility each year; and

           (3) Not apply during any period in which the facility is receiving another abatement or exemption from property taxes imposed pursuant to chapter 361 of NRS, other than any partial abatement provided pursuant to NRS 361.4722.

     (b) Local sales and use taxes:

           (1) The partial abatement must:

                (I) Be for the 3 years beginning on the date of approval of the application;

                (II) Be equal to that portion of the combined rate of all the local sales and use taxes payable by the facility each year which exceeds [0.25] 0.6 percent; and

                (III) Not apply during any period in which the facility is receiving another abatement or exemption from local sales and use taxes.

           (2) The Department of Taxation shall issue to the facility a document certifying the abatement which can be presented to retailers at the time of sale. The document must clearly state that the purchaser is only required to pay sales and use taxes imposed in this State at the rate of [2.25] 2.6 percent.

     2.  Upon approving an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, the Commissioner shall immediately notify the Director of the terms of the abatement and the Director shall immediately forward a certificate of eligibility for the abatement to:

     (a) The Department of Taxation;

     (b) The board of county commissioners;

     (c) The county assessor;

     (d) The county treasurer; and

     (e) The Commission on Economic Development.

     Sec. 7.  Section 16 of chapter 4, Statutes of Nevada 2008, 25th Special Session, as amended by chapter 387, Statutes of Nevada 2009, at page 2097, is hereby amended to read as follows:

      Sec. 16.  1.  This section and sections 2, 4, 14 and 15 of this act become effective upon passage and approval.

      2.  Sections 6 to 12, inclusive, of this act become effective on January 1, 2009.

      3.  Sections 4 and 12 of this act expire by limitation on June 30, 2009.

      4.  Sections 1, 3, 5 and 13 of this act become effective on July 1, 2009.

 


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      5.  Sections 1, 2, 3 and 5 of this act expire by limitation on June 30, [2011.] 2013.

     Sec. 8.  Section 29 of chapter 287, Statutes of Nevada 2009, at page 1233, is hereby amended to read as follows:

      Sec. 29.  [1.]  NRS 361A.155 is hereby repealed.

      [2.  Section 5 of chapter 4, Statutes of Nevada 2008, 25th Special Session, at page 17, is hereby repealed.]

     Sec. 9.  Section 31 of chapter 287, Statutes of Nevada 2009, at page 1233, is hereby amended to read as follows:

      Sec. 31.  1.  This section and sections 3, 4, 27 [, 28, subsection 2 of section 29 and section] and 30 of this act become effective upon passage and approval.

      2.  Sections 1, 2 , [and] 5 to 26, inclusive, and [subsection 1 of section] 29 of this act become effective on July 1, 2009.

     Sec. 10.  Section 3 of chapter 322, Statutes of Nevada 2009, at page 1415, is hereby amended to read as follows:

      Sec. 3.  1.  The Governor shall provide initially for the reserve required pursuant to paragraph (b) of subsection 3 of NRS 353.213, as amended by section 1 of this act, in the proposed biennial budget for the period that begins on July 1, 2011, and ends on June 30, 2013.

      2.  The fiscal year that begins on July 1, [2011,] 2013, is the initial fiscal year in which a transfer of money must be made from the State General Fund to the Fund to Stabilize the Operation of the State Government pursuant to paragraph (b) of subsection 1 of NRS 353.288, as amended by section 2 of this act.

     Sec. 10.3.  Section 47 of chapter 381, Statutes of Nevada 2009, as amended by chapter 429, Statutes of Nevada 2009, at page 2410, is hereby amended to read as follows:

      Sec. 47.  1.  This section and section 45.5 of this act become effective upon passage and approval.

      2.  Sections 1 to 44, inclusive, 45, 46 and 46.5 of this act become effective:

      (a) Upon passage and approval for the purposes of adopting regulations and performing any other preparatory actions that are necessary to carry out the provisions of this act; and

      (b) On October 1, 2009, for all other purposes.

      3.  Sections 44.3 and 44.7 of this act become effective on July 1, [2011.] 2013.

     Sec. 10.7.  Section 20 of chapter 395, Statutes of Nevada 2009, at page 2199, is hereby amended to read as follows:

      Sec. 20.  1.  This section and section 19 of this act become effective upon passage and approval.

      2.  Sections 1 [, 2, 3 and 6 to 12, inclusive,] and 2 of this act become effective on July 1, 2009.

      3.  Section 3 of this act [become] becomes effective on July 1, 2009, and [expire] expires by limitation on June 30, 2011.

      [3.] 4.  Sections 6 to 12, inclusive, of this act become effective on July 1, 2009, and expire by limitation on June 30, 2013.

      5.  Sections 4, 5, 13, 14, 15, 16, 17 and 18 of this act become effective:

 


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      (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On September 1, 2009, for all other purposes.

      [4.] 6.  Sections 15.5 and 18.5 of this act become effective on July 1, 2013.

      [5.] 7.  Section 18 of this act expires by limitation on June 30, 2013.

     Sec. 11.  Section 28 of chapter 287, Statutes of Nevada 2009, at page 1232, is hereby repealed.

     Sec. 12.  (Deleted by amendment.)

     Sec. 13.  The amendatory provisions of section 4 of this act:

     1.  Do not apply to any taxes due for any period ending on or before June 30, 2011; and

     2.  Except as otherwise provided in subsection 1 and notwithstanding the expiration of that section by limitation pursuant to section 17 of this act, apply to taxes due pursuant to NRS 363B.110 for each calendar quarter ending on or before June 30, 2013.

     Sec. 14.  (Deleted by amendment.)

     Sec. 15.  1.  When preparing its certificate of the tax due from a taxpayer pursuant to NRS 362.130 during the calendar year 2014, the Department of Taxation shall reduce the amount of the tax due from the taxpayer by the amount of:

     (a) Any estimated payments of the tax made by or on behalf of the taxpayer during the calendar year 2013 pursuant to NRS 362.115, as that section read on January 1, 2013; and

     (b) Any unused credit to which the taxpayer may be entitled as a result of any previous overpayment of the tax.

     2.  Notwithstanding any provision of NRS 362.170 to the contrary:

     (a) The amount appropriated to each county pursuant to that section for distribution to the county during the calendar year 2014 must be reduced by the amount appropriated to the county pursuant to that section for distribution to the county during the calendar year 2013, excluding any portion of the amount appropriated to the county pursuant to that section for distribution to the county during the calendar year 2013 which is attributable to a pro rata share of any penalties and interest collected by the Department of Taxation for the late payment of taxes distributed to the county.

     (b) In calculating the amount required to be apportioned to each local government or other local entity pursuant to subsection 2 of that section for the calendar year 2014, the county treasurer shall reduce the amount required to be determined pursuant to paragraph (a) of that subsection for that calendar year by the amount determined pursuant to that paragraph for the calendar year 2013.

     Sec. 16.  The State Controller shall transfer from the Fund to Stabilize the Operation of the State Government to the State General Fund the sum of $41,321,014 for unrestricted State General Fund use.

     Sec. 17.  1.  This section and sections 1 and 7 to 16, inclusive, of this act become effective upon passage and approval.

     2.  Sections 4.5 and 6 of this act become effective on July 1, 2011.

     3.   Sections 4 and 6.5 of this act become effective on July 1, 2011, and expire by limitation on June 30, 2013.

 


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     4.  Section 5 of this act becomes effective on the date that the balance of the separate account required by subsection 8 of NRS 408.235 is reduced to zero.

________

CHAPTER 477, SB 98

Senate Bill No. 98–Senator Hardy

 

CHAPTER 477

 

[Approved: June 16, 2011]

 

AN ACT relating to local governments; revising provisions relating to collective bargaining between local government employers and employee organizations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law states that certain persons may, and certain persons may not, be members of employee organizations for the purposes of collective bargaining. (NRS 288.140) Section 6 of this bill sets forth that the following persons are prohibited from being a member of an employee organization: (1) supervisory employees who have additional authority on behalf of the employer to make budgetary decisions and decisions relating to collective bargaining; (2) doctors and physicians who are employed by a local government employer; and (3) attorneys who are employed by a local government employer and assigned to a civil division, department or agency, except for the duration of a collective bargaining agreement to which the attorney is a party as of July 1, 2011.

       Under existing law, a supervisory employee is prohibited from being a member of the same bargaining unit as the employees under his or her direction. (NRS 288.170) Section 5 of this bill revises the definition of “supervisory employee” (NRS 288.075) to create a second subset of supervisory employees who, on behalf of their employer, make budgetary decisions and decisions relating to collective bargaining. Section 8 of this bill makes technical changes to reflect that section 5 now sets forth two subsets of supervisory employees.

       Existing law sets forth the subjects over which local government employers and recognized employee organizations are required to bargain (mandatory bargaining), and the subjects that are reserved to such an employer without negotiation. (NRS 288.150) Section 7 of this bill adds to the list of mandatory bargaining topics the reopening of collective bargaining agreements in instances of fiscal emergency.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1, 1.3, 1.7 and 2-4.  (Deleted by amendment.)

     Sec. 5.  NRS 288.075 is hereby amended to read as follows:

     288.075  1.  “Supervisory employee” means [any] :

     (a) Any individual having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

 


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nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday [.] ; or

     (b) Any individual or class of individuals appointed by the employer and having authority on behalf of the employer to:

           (1) Hire, transfer, suspend, lay off, recall, terminate, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or to effectively to recommend such action;

           (2) Make budgetary decisions; and

           (3) Be consulted on decisions relating to collective bargaining,

Ê if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday.

     2.  Nothing in this section shall be construed to mean that an employee who has been given incidental administrative duties shall be classified as a supervisory employee.

     Sec. 6.  NRS 288.140 is hereby amended to read as follows:

     288.140  1.  It is the right of every local government employee, subject to the [limitation] limitations provided in [subsection] subsections 3 [,] and 4, to join any employee organization of the employee’s choice or to refrain from joining any employee organization. A local government employer shall not discriminate in any way among its employees on account of membership or nonmembership in an employee organization.

     2.  The recognition of an employee organization for negotiation, pursuant to this chapter, does not preclude any local government employee who is not a member of that employee organization from acting for himself or herself with respect to any condition of his or her employment, but any action taken on a request or in adjustment of a grievance shall be consistent with the terms of an applicable negotiated agreement, if any.

     3.  A police officer, sheriff, deputy sheriff or other law enforcement officer may be a member of an employee organization only if such employee organization is composed exclusively of law enforcement officers.

     4.  The following persons may not be a member of an employee organization:

     (a) A supervisory employee described in paragraph (b) of subsection 1 of NRS 288.075, including but not limited to appointed officials and department heads who are primarily responsible for formulating and administering management, policy and programs.

     (b) A doctor or physician who is employed by a local government employer.

     (c) Except as otherwise provided in this paragraph, an attorney who is employed by a local government employer and who is assigned to a civil law division, department or agency. The provisions of this paragraph do not apply with respect to an attorney for the duration of a collective bargaining agreement to which the attorney is a party as of July 1, 2011.

     5.  As used in this section, “doctor or physician” means a doctor, physician, homeopathic physician, osteopathic physician, chiropractic physician, practitioner of Oriental medicine, podiatric physician or practitioner of optometry, as those terms are defined or used, respectively, in NRS 630.014, 630A.050, 633.091, chapter 634 of NRS, chapter 634A of NRS, chapter 635 of NRS or chapter 636 of NRS.

 


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practitioner of optometry, as those terms are defined or used, respectively, in NRS 630.014, 630A.050, 633.091, chapter 634 of NRS, chapter 634A of NRS, chapter 635 of NRS or chapter 636 of NRS.

     Sec. 7.  NRS 288.150 is hereby amended to read as follows:

     288.150  1.  Except as provided in subsection 4, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.

     2.  The scope of mandatory bargaining is limited to:

     (a) Salary or wage rates or other forms of direct monetary compensation.

     (b) Sick leave.

     (c) Vacation leave.

     (d) Holidays.

     (e) Other paid or nonpaid leaves of absence.

     (f) Insurance benefits.

     (g) Total hours of work required of an employee on each workday or workweek.

     (h) Total number of days’ work required of an employee in a work year.

     (i) Discharge and disciplinary procedures.

     (j) Recognition clause.

     (k) The method used to classify employees in the bargaining unit.

     (l) Deduction of dues for the recognized employee organization.

     (m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.

     (n) No-strike provisions consistent with the provisions of this chapter.

     (o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.

     (p) General savings clauses.

     (q) Duration of collective bargaining agreements.

     (r) Safety of the employee.

     (s) Teacher preparation time.

     (t) Materials and supplies for classrooms.

     (u) The policies for the transfer and reassignment of teachers.

     (v) Procedures for reduction in workforce.

     (w) Procedures and requirements for the reopening of collective bargaining agreements that exceed 1 year in duration for additional, further, new or supplementary negotiations during periods of fiscal emergency. The requirements for the reopening of a collective bargaining agreement must include, without limitation, measures of revenue shortfalls or reductions relative to economic indicators such as the Consumer Price Index, as agreed upon by both parties.

     3.  Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:

     (a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.

 


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     (b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.

     (c) The right to determine:

           (1) Appropriate staffing levels and work performance standards, except for safety considerations;

           (2) The content of the workday, including without limitation workload factors, except for safety considerations;

           (3) The quality and quantity of services to be offered to the public; and

           (4) The means and methods of offering those services.

     (d) Safety of the public.

     4.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

     5.  The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.

     6.  This section does not preclude, but this chapter does not require the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.

     7.  Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.

     Sec. 8.  NRS 288.170 is hereby amended to read as follows:

     288.170  1.  Each local government employer which has recognized one or more employee organizations shall determine, after consultation with the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating. The primary criterion for that determination must be the community of interest among the employees concerned.

     2.  A principal, assistant principal or other school administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate bargaining unit.

     3.  A head of a department of a local government, an administrative employee or a supervisory employee must not be a member of the same bargaining unit as the employees under the direction of that department head, administrative employee or supervisory employee. Any dispute between the parties as to whether an employee is a supervisor must be submitted to the Board. An employee organization which is negotiating on behalf of two or more bargaining units consisting of firefighters or police officers, as defined in NRS 288.215, may select members of the units to negotiate jointly on behalf of each other, even if one of the units consists of supervisory employees and the other unit does not.

 


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ê2011 Statutes of Nevada, Page 2903 (Chapter 477, SB 98)ê

 

on behalf of each other, even if one of the units consists of supervisory employees and the other unit does not.

     4.  Confidential employees of the local government employer must be excluded from any bargaining unit but are entitled to participate in any plan to provide benefits for a group that is administered by the bargaining unit of which they would otherwise be a member.

     5.  If any employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the Board. Subject to judicial review, the decision of the Board is binding upon the local government employer and employee organizations involved. The Board shall apply the same criterion as specified in subsection 1.

     6.  As used in this section [, “confidential] :

     (a) “Confidential employee” means an employee who is involved in the decisions of management affecting collective bargaining.

     (b) “Supervisory employee” means a supervisory employee described in paragraph (a) of subsection 1 of NRS 288.075.

     Sec. 9.  This act becomes effective on July 1, 2011.

________

CHAPTER 478, SB 506

Senate Bill No. 506–Committee on Finance

 

CHAPTER 478

 

[Approved: June 16, 2011]

 

AN ACT relating to local government financial administration; revising provisions regarding the establishment and maintenance of a reserve account for payment of the outstanding bonds of a school district; authorizing certain modifications after a local improvement project has begun and assessments have been levied; requiring the Regional Transportation Commission of Southern Nevada to establish a demonstration project for a toll road in connection with the Boulder City Bypass Project; authorizing the Commission to enter into one or more public-private partnerships to design, construct, develop, finance, operate or maintain the demonstration project; authorizing the issuance of certain bonds or notes of the Commission to finance the Project; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the board of trustees of a school district may issue certain general obligation bonds. At the time the bonds are issued, the board of trustees must establish in its debt service fund a reserve account for payment of the outstanding bonds of the school district. (NRS 350.020) Section 1 of this bill changes the amount of the reserves required to 10 percent of the outstanding principal or 25 percent, for larger counties, and 50 percent, for smaller counties, of the amount of principal and interest payments due on all outstanding bonds of the school district in the next fiscal year, whichever is less.

 


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ê2011 Statutes of Nevada, Page 2904 (Chapter 478, SB 506)ê

 

       Existing law authorizes counties, cities and towns to initiate and levy assessments and issue bonds for local improvement projects under certain conditions. (NRS 271.265, 271.270) After a governing body passes an ordinance ordering such a project, modifications may be made to the project by amending the ordinance provided that no construction contracts have yet been entered. (NRS 271.325) Section 4 of this bill allows certain modifications to be made after the project has begun and assessments have been levied. Section 6 of this bill provides procedures for a governing body to modify such a project without holding a hearing if, after receiving a report on the proposed modification from the municipal engineer or a competent engineer or an engineering firm hired by the governing body, the governing body determines that the magnitude of the changes to the original project do not exceed certain thresholds. Sections 6-11 of this bill provide procedures, including procedures for notice, hearings and judicial review, for a governing body to modify such an agreement if those thresholds are exceeded. Sections 12-14 of this bill provide further requirements for a governing body that modifies a local improvement project, and section 15 of this bill authorizes a governing body that begins procedures to modify a local improvement project at the request of a person to require that person to pay any expenses incurred by the governing body in connection with the modification.

       Section 34 of this bill requires the Regional Transportation Commission of Southern Nevada to establish a demonstration project for a toll road in connection with the Boulder City Bypass Project. Section 34 also provides that the demonstration project must be and remain a public highway owned by the Commission. Section 35 of this bill authorizes the Commission to enter into contracts with one or more public-private partners for planning, designing, financing, constructing, improving, maintaining, operating or acquiring rights-of-way for the demonstration project. Section 41 of this bill requires the Commission to establish or include in a public-private partnership: (1) a schedule of user fees for the use of the demonstration project or a methodology for establishing such a schedule; and (2) administrative fines and other penalties for nonpayment of user fees. Section 41 also authorizes the Commission to establish exemptions from the user fees for certain motor vehicles. Section 42 of this bill provides that registered owners are subject to administrative fines and penalties for failure to pay a required user fee. Section 42 also requires the Department of Motor Vehicles to place a hold on the renewal of the registration of a motor vehicle if the Department of Transportation or a private partner provides notice to the Department of Motor Vehicles that the registered owner of the motor vehicle has failed to pay a required user fee.

       Section 43 of this bill requires that all money that is received and is to be retained by the Commission pursuant to a public-private partnership in connection with the demonstration project that is derived from the imposition of any charge with respect to the operation of any motor vehicle upon any public highway in this State must be deposited in the State Highway Fund and, except for costs of administration, must be used exclusively for the construction, maintenance and repair of the public highways of this State. Section 43 also provides that the money must first be used to defray the obligations of the Commission under the public-private partnership, including, without limitation, the costs of administration, design, construction, operation, maintenance, financing and repair of the demonstration project.

       Section 44 of this bill provides that the demonstration project and any property improvement determined by the Commission to be necessary or desirable therefor may be financed by the private partner to a public-private partnership using its own funds or obtaining funds in any lawful manner for that entity or by the issuance of revenue bonds or notes of the Commission.

       Section 46 of this bill provides that a private partner is exempt from any assessment on property which the Commission provides to the private partner pursuant to a public-private partnership and on which the demonstration project is located. Section 47 of this bill requires a private partner to use competitive bidding to award contracts for construction work on the demonstration project and to pay prevailing wages to workers engaged in construction on the demonstration project.

 


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       Section 50 of this bill requires the Regional Transportation Commission of Southern Nevada to submit a report concerning the demonstration project to the Legislative Commission on or before February 1 of each even-numbered year and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature on or before February 1 of each odd-numbered year. Section 52 of this bill requires the Regional Transportation Commission of Southern Nevada to submit quarterly reports relating to the demonstration project to the Legislative Commission and the Interim Finance Committee.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 350.020 is hereby amended to read as follows:

     350.020  1.  Except as otherwise provided by subsections 3 and 4, if a municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next general municipal election or general state election.

     2.  Such a special election may be held:

     (a) At any time, including, without limitation, on the date of a primary municipal election or a primary state election, if the governing body of the municipality determines, by a unanimous vote, that an emergency exists; or

     (b) On the first Tuesday after the first Monday in June of an odd-numbered year,

Ê except that the governing body shall not determine that an emergency exists if the special election is for the purpose of submitting to the electors a proposal to refund the bonds. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud, a gross abuse of discretion or in violation of the provisions of this subsection. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

     3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 90 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election.

 


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close of registration for the last preceding general election. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

     4.  The board of trustees of a school district may issue general obligation bonds which are not expected to result in an increase in the existing property tax levy for the payment of bonds of the school district without holding an election for each issuance of the bonds if the qualified electors approve a question submitted by the board of trustees that authorizes issuance of bonds for a period of 10 years after the date of approval by the voters. If the question is approved, the board of trustees of the school district may issue the bonds for a period of 10 years after the date of approval by the voters, after obtaining the approval of the debt management commission in the county in which the school district is located and, in a county whose population is 100,000 or more, the approval of the oversight panel for school facilities established pursuant to NRS 393.092 in that county, if the board of trustees of the school district finds that the existing tax for debt service will at least equal the amount required to pay the principal and interest on the outstanding general obligations of the school district and the general obligations proposed to be issued. The finding made by the board of trustees is conclusive in the absence of fraud or gross abuse of discretion. As used in this subsection, “general obligations” does not include medium-term obligations issued pursuant to NRS 350.087 to 350.095, inclusive.

     5.  At the time of issuance of bonds authorized pursuant to subsection 4, the board of trustees shall establish a reserve account in its debt service fund for payment of the outstanding bonds of the school district. The reserve account must be established and maintained in an amount at least equal to the lesser of :

     (a) For a school district located in a county whose population is 100,000 or more, twenty-five percent; and

     (b) For a school district located in a county whose population is less than 100,000, fifty percent,

Ê of the amount of principal and interest payments due on all of the outstanding bonds of the school district in the next fiscal year or 10 percent of the outstanding principal amount of the outstanding bonds of the school district.

     6.  If the amount in the reserve account falls below the amount required by [this subsection:] subsection 5:

     (a) The board of trustees shall not issue additional bonds pursuant to subsection 4 until the reserve account is restored to the level required by [this subsection:] subsection 5; and

     (b) The board of trustees shall apply all of the taxes levied by the school district for payment of bonds of the school district that are not needed for payment of the principal and interest on bonds of the school district in the current fiscal year to restore the reserve account to the level required pursuant to [this subsection.] subsection 5.

     [6.] 7.  A question presented to the voters pursuant to subsection 4 may authorize all or a portion of the revenue generated by the debt rate which is in excess of the amount required:

 


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     (a) For debt service in the current fiscal year;

     (b) For other purposes related to the bonds by the instrument pursuant to which the bonds were issued; and

     (c) To maintain the reserve account required pursuant to subsection 5,

Ê to be transferred to the county school district’s fund for capital projects established pursuant to NRS 387.328 and used to pay the cost of capital projects which can lawfully be paid from that fund. Any such transfer must not limit the ability of the school district to issue bonds during the period of voter authorization if the findings and approvals required by subsection 4 are obtained.

     [7.] 8.  A municipality may issue special or medium-term obligations without an election.

     Sec. 2.  Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 15, inclusive, of this act.

     Sec. 3.  The provisions of sections 3 to 15, inclusive, of this act shall only apply to local improvement projects or districts created before July 1, 2011.

     Sec. 4.  After the acquisition or improvement of a project ordered pursuant to NRS 271.325 has begun and any special assessment thereon has been levied and divided into installments, the governing body may modify the project subject to the provisions of sections 3 to 15, inclusive, of this act by:

     1.  Eliminating a portion of the project;

     2.  Making changes or additions to the project;

     3.  Modifying the assessments to reflect the changes or additions to the project;

     4.  Modifying the assessment installments and the due dates of the assessment installments; or

     5.  Any combination of subsections 1 to 4, inclusive.

     Sec. 5.  Whenever the governing body determines that a modification authorized pursuant to section 4 of this act is warranted, the engineer shall prepare and file with the clerk a report showing:

     1.  The proposed modification of the project;

     2.  If the modified portion of the project is, as modified, functionally equivalent to that portion of the project before modification, a statement to that effect;

     3.  The estimated cost of the project, as modified;

     4.  The amount of maximum special benefits estimated to be derived from the project, as modified, by each tract in the improvement district;

     5.  The modification, if any, of the assessment on each tract in the improvement district resulting from the modification of the project;

     6.  The modification, if any, of the assessment installments and the due dates of the assessment installments;

     7.  A revised map showing the location of the project, as modified;

     8.  If the assessments on each tract in the improvement district are proposed to be modified, an assessment plat with the modified assessments, apportioned based on the project, as modified; and

     9.  Whether, upon modification of the project the assessment on each tract in the improvement district will exceed the estimated maximum special benefits to be derived by each such tract from the project.

     Sec. 6.  1.  After receipt of the report required pursuant to section 5 of this act, the governing body may, by ordinance and without a protest hearing, modify the project, the assessments on each tract in the improvement project, the assessment installments and the due dates of the assessment installments as provided in the report pursuant to the provisions of this section if:

 


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hearing, modify the project, the assessments on each tract in the improvement project, the assessment installments and the due dates of the assessment installments as provided in the report pursuant to the provisions of this section if:

     (a) The governing body determines that the public convenience and necessity require the modification;

     (b) The owner of each tract in the improvement district which is proposed to have its assessment modified or which derives benefits from the portion of the project proposed to be eliminated or modified or from the additions proposed to be made to the project has filed written consent to the modification with the clerk and there are no residential lots within 1,500 feet of the portion of the project impacted;

     (c) There has been filed with the clerk:

           (1) Evidence that the modification has been consented to by the owners of the bonds for the improvement district which are payable from the assessments in the manner as provided in the ordinance or in the indenture, fiscal agent agreement, resolution or other instrument pursuant to which the bonds are issued; or

           (2) An opinion from independent bond counsel stating that the modification does not materially and adversely affect the interests of the owners of the bonds; and

     (d) The governing body determines that, upon modification of the project and, if applicable, the assessments, the amount assessed against each tract in the improvement district does not exceed the maximum special benefits to be derived by each such tract from the project.

     2.  A determination that is made pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

     3.  An ordinance adopted pursuant to this section may be adopted as if an emergency existed.

     Sec. 7.  1.  After receipt of the report required pursuant to section 5 of this act, if the governing body does not proceed pursuant to section 6 of this act, the governing body may make a provisional order by resolution to the effect that the project will be modified.

     2.  In a provisional order made pursuant to subsection 1, the governing body shall set a time, at least 20 days thereafter, and a place at which the owner of each tract in the improvement district, or any other interested person, may appear before the governing body and be heard as to the propriety and advisability of modifying the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments. If there are residential lots within 1,500 feet of the project or a mobile home park is located on a tract in the improvement district, the notice must be given to the owner of the tract and each owner of a residential lot within 1,500 feet and each tenant of the mobile home park.

     3.  Notice must be given:

     (a) By publication.

     (b) By mail.

     (c) By posting.

     4.  Proof of publication must be by affidavit of the publisher.

     5.  Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

 


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     6.  Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, penalties and any collection costs.

     7.  The notice must be prepared by the engineer, ratified by the governing body and state:

     (a) In general terms, the proposed modification of the project.

     (b) The estimated cost of the project, as modified, and the amount by which that cost is greater or less than the original cost of the project, as reflected in the ordinance creating the improvement district and ordering the project to be acquired or improved.

     (c) The time and place of the hearing where the governing body will consider all objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments.

     (d) That all written objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments must be filed with the clerk at least 3 days before the time set for the hearing.

     (e) That if the owners of tracts in the improvement district which:

           (1) Are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project; and

           (2) Upon the modification of the project and, if applicable, the assessments, will in the aggregate have assessments greater than 50 percent of the aggregate amount of the assessments on the tracts in the improvement district which are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project,

Ê object in writing, within the time stated in paragraph (d), to such modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the installments will not be made.

     (f) That if the assessment on any tract is increased as a result of the modification of the project, the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless the owner of each such tract has consented in writing to the increase.

     (g) That the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless there has been filed with the clerk:

           (1) Evidence that the modification is consented to:

                (I) By the owners of the bonds for the improvement district which are payable from the assessments; and

                (II) In the same manner as amendments to the ordinance creating the improvement district and ordering the project to be acquired or improved, as provided in the ordinance or in the indenture, fiscal agent agreement, resolution or other instrument pursuant to which the bonds are issued; or

 


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           (2) An opinion from an independent bond counsel stating that the modification does not materially adversely affect the interests of the owners of the bonds.

     (h) That all proceedings regarding and records of the following are available for inspection at the office of the clerk:

           (1) The amount of maximum special benefits estimated to be derived from the project, as modified, by each tract in the improvement district;

           (2) If applicable, the modified assessment on each tract in the improvement district resulting from the modification of the project; and

           (3) If applicable, the modified assessment installments and the due dates of the assessment installments.

     (i) That a person may object to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments using the procedure outlined in the notice.

     (j) That if a person objects to the amount of maximum special benefits estimated to be derived from the project, as modified, or to the legality of the proposed modification in any respect:

           (1) The person is entitled to be represented by counsel at the hearing;

           (2) Any evidence the person wants to present must be presented at the hearing; and

           (3) Evidence that is not presented at the hearing may not be presented in an action brought pursuant to section 10 of this act.

     8.  No substantial change in the proposed modification of the project or, if applicable, the assessments, the assessment installments or the due dates of the assessment installments may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first.

     Sec. 8.  A modification may not be made pursuant to the provisions of section 7 of this act if, within the time specified in the notice pursuant to paragraph (d) of subsection 7 of section 7 of this act, the owners of tracts in the improvement district which:

     1.  Are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project; and

     2.  Upon the modification of the project and, if applicable, the assessments, will in the aggregate have assessments greater than 50 percent of the aggregate amount of the assessments on the tracts in the improvement district which are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project,

Ê file a written objection to the modification with the clerk.

     Sec. 9.  1.  On the date and at the place fixed for the hearing, any and all property owners and other interested persons may present their views to the governing body with respect to the proposed modification. The governing body may adjourn the hearing from time to time.

     2.  After the hearing has been concluded, all written complaints, protests and objections have been read and considered, and all persons desiring to be heard in person have been heard, the governing body shall consider the arguments, if any, and any other relevant material put forth, and shall by resolution or ordinance, as the governing body determines, pass upon the merits of each such complaint, protest or objection.

 


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and shall by resolution or ordinance, as the governing body determines, pass upon the merits of each such complaint, protest or objection.

     3.  If the governing body determines that it is not in the public interest that the proposed modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments be made, the governing body shall make an order by resolution to that effect, and thereupon the proceedings for the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments determined against by the order must stop and must not be begun again until the adoption of a new resolution.

     4.  Any complaint, protest or objection to:

     (a) The modification of the project or, if applicable, the assessments, the assessment installments or the due dates of the assessment installments;

     (b) The estimated cost of the project, as modified;

     (c) The method used to estimate the special benefits to be derived from the project, as modified, generally or by any tract in the improvement district;

     (d) The basis established for the apportionment of the assessments based on the project, as modified; or

     (e) The regularity, validity and correctness of any other proceedings or instruments taken, adopted or made before the date of the hearing,

Ê shall be deemed waived unless presented at the hearing described in this section or in writing at the time and in the manner provided by section 8 of this act.

     Sec. 10.  1.  Any person filing a written complaint, protest or objection as provided in section 8 of this act, within 30 days after the governing body has finally passed on the complaint, protest or objection by resolution or ordinance as provided in subsection 2 of section 9 of this act, may commence an action or suit in any court of competent jurisdiction to correct or set aside the determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of special benefits are perpetually barred.

     2.  Any person who brings an action pursuant to this section must plead with particularity and prove the facts upon which he or she relies to establish:

     (a) That the estimate of the cost of the project, as modified, the special benefits to be derived from the project, as modified, or the method used to apportion the cost of the project, as modified, has a material adverse economic impact upon that person or is fraudulent, arbitrary or unsupported by substantial evidence; or

     (b) That a provision of sections 3 to 15, inclusive, of this act has been violated.

     3.  Conclusory allegations of fact or law are insufficient to comply with the requirements of subsections 1 and 2.

     4.  In any action brought pursuant to this section, judicial review of the proceedings is confined to the record before the governing body. Evidence that has not been presented to the governing body must not be considered by the court.

     Sec. 11.  1.  After the hearing and after the governing body has:

 


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     (a) Disposed of all verbal and written complaints, protests and objections;

     (b) Determined that no assessment on a tract in the improvement district is increased as a result of the modification or, if any such assessment is increased, that the written consent described in paragraph (f) of subsection 7 of section 7 of this act has been filed with the clerk;

     (c) Determined that the written consent described in paragraph (g) of subsection 7 of section 7 of this act has been filed with the clerk; and

     (d) Determined that no written objections to the modification were filed pursuant to section 8 of this act,

Ê and if the governing body has jurisdiction to proceed, the governing body shall determine whether to proceed with the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments.

     2.  Any determination made pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

     Sec. 12.  1.  If the governing body determines pursuant to section 11 of this act to proceed with the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments, the governing body may, by ordinance, modify the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments as provided in the report of the engineer filed pursuant to section 5 of this act if:

     (a) The governing body determines that the public convenience and necessity require the modification; and

     (b) The governing body finds and determines that, upon the modification, the amount assessed against each tract in the improvement district does not exceed the maximum special benefits to be derived by such tract from the project, as modified.

     2.  Any determination or finding made by the governing body pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

     3.  An ordinance adopted pursuant to this section may be adopted as if an emergency existed.

     Sec. 13.  1.  If assessments are modified pursuant to an ordinance adopted pursuant to section 6 or 12 of this act, upon adoption of the ordinance, the governing body shall cause to be recorded in the office of the county recorder a certified copy of a list of the tracts in the improvement district, the amount of the assessment on each such tract and the amount of maximum special benefits to be derived from the project, as modified, by each tract in the improvement district, as shown on the assessment plat provided by the engineer pursuant to section 5 of this act.

     2.  Neither the failure to record the list as provided in this section or any defect or omission in the list regarding any parcel or parcels within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.

     Sec. 14.  1.  If assessments are reduced pursuant to an ordinance adopted pursuant to section 6 or 12 of this act, the governing body shall adopt an ordinance establishing a fair procedure for providing payment or credit to any person who has paid assessments that would have been reduced pursuant to the ordinance which reduces assessments.

 


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     2.  A determination regarding the fairness of the procedure established by an ordinance adopted pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

     3.  An ordinance adopted pursuant to this section may be adopted as if an emergency existed.

     Sec. 15.  If a governing body begins proceedings to modify a project pursuant to the provisions of sections 3 to 15, inclusive, of this act at the request of a person, before beginning those proceedings, the governing body may require the person requesting the modification to pay any expenses incurred by the governing body in connection with the proceedings.

     Sec. 16.  NRS 271.305 is hereby amended to read as follows:

     271.305  1.  In the provisional order the governing body shall set a time, at least 20 days thereafter, and a place at which the owners of the tracts to be assessed, or any other interested persons, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered. If a mobile home park is located on one or more of the tracts to be assessed, the notice must be given to the owner of the tract and each tenant of that mobile home park.

     2.  Notice must be given:

     (a) By publication.

     (b) By mail.

     (c) By posting.

     3.  Proof of publication must be by affidavit of the publisher.

     4.  Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

     5.  Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, any penalties, and any collection costs.

     6.  The notice may be prepared by the engineer and ratified by the governing body, and, except as otherwise provided in subsection 7, must state:

     (a) The kind of project proposed.

     (b) The estimated cost of the project, and the portion, if any, to be paid from sources other than assessments.

     (c) The basis for apportioning the assessments, which assessments must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.

     (d) The number of installments and time in which the assessments will be payable.

     (e) The maximum rate of interest on unpaid installments of assessments.

     (f) The extent of the improvement district to be assessed, by boundaries or other brief description.

     (g) The time and place of the hearing where the governing body will consider all objections to the project.

     (h) That all written objections to the project must be filed with the clerk of the municipality at least 3 days before the time set for the hearing.

 


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     (i) If the project is not a commercial area vitalization project, that pursuant to NRS 271.306, if a majority of the property owners to be assessed for a project proposed by a governing body object in writing within the time stated in paragraph (h), the project must not be acquired or improved unless:

           (1) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy or assessments; or

           (2) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets.

     (j) That the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be examined at the office of the clerk.

     (k) Unless there will be no substantial change, that a substantial change in certain existing street elevations or grades will result from the project, without necessarily including any statement in detail of the extent or location of any such change.

     (l) That a person should object to the formation of the district using the procedure outlined in the notice if the person’s support for the district is based upon a statement or representation concerning the project that is not contained in the language of the notice.

     (m) That if a person objects to the amount of maximum benefits estimated to be assessed or to the legality of the proposed assessments in any respect:

           (1) The person is entitled to be represented by counsel at the hearing;

           (2) Any evidence the person desires to present on these issues must be presented at the hearing; and

           (3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.315.

     (n) If the project is a commercial area vitalization project, that:

           (1) A person who owns or resides within a tract in the proposed improvement district and which is used exclusively for residential purposes may file a protest to inclusion in the assessment plat pursuant to NRS 271.392; and

           (2) Pursuant to NRS 271.306, if written remonstrances by the owners of tracts constituting one-third or more of the basis for the computation of assessments for the commercial area vitalization project are presented to the governing body, the governing body shall not proceed with the commercial area vitalization project.

     7.  The notice need not state either or both of the exceptions stated in subsection 2 of NRS 271.306 unless either or both of the exceptions are determined by the governing body or the engineer to be relevant to the proposed improvement district to which the notice appertains.

     8.  All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body, or by a document prepared by the engineer and ratified by the governing body, at any time before the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.

 


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     9.  No substantial change in the improvement district, details, preliminary plans or specifications or estimates may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except [for] :

     (a) As otherwise provided in sections 3 to 15, inclusive, of this act; or

     (b) For the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.

     10.  The engineer may make minor changes in time, plans and materials entering into the work at any time before its completion.

     11.  If the ordinance is for a commercial area vitalization project, notice sent pursuant to this section must be sent by mail to each person who owns real property which is located within the proposed improvement district and to each tenant who resides or owns a business located within the proposed improvement district.

     Sec. 17.  NRS 271.320 is hereby amended to read as follows:

     271.320  1.  After the hearing and after the governing body has:

     (a) Disposed of all complaints, protests and objections, oral and in writing;

     (b) Determined that it is not prevented from proceeding pursuant to subsection 3 or 4 of NRS 271.306; and

     (c) Determined that:

           (1) Either or both exceptions stated in subsection 2 of NRS 271.306 apply; or

           (2) There were not filed with the clerk complaints, protests and objections in writing and signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments stated in the notice, of the tracts to be assessed in the improvement district or in the assessment unit, if any,

Ê and the governing body has jurisdiction to proceed, the governing body shall determine whether to proceed with the improvement district, and with each assessment unit, if any, except as otherwise provided in this chapter.

     2.  [If] Except as otherwise provided in sections 3 to 15, inclusive, of this act, if the governing body desires to proceed and desires any modification, by motion or resolution it shall direct the engineer to prepare and present to the governing body:

     (a) A revised and detailed estimate of the total cost, including, without limiting the generality of the foregoing, the cost of acquiring or improving each proposed project and of each of the incidental costs. The revised estimate does not constitute a limitation for any purpose.

     (b) Full and detailed plans and specifications for each proposed project designed to permit and encourage competition among the bidders, if any project is to be acquired by construction contract.

     (c) A revised map and assessment plat showing respectively the location of each project and the tracts to be assessed therefor, not including any area or project not before the governing body at a provisional order hearing.

     3.  That resolution, a separate resolution, or the ordinance creating the improvement district may combine or divide the proposed project or projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments.

 


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any project is to be defrayed other than by the levy of special assessments. Costs of unrelated projects must be segregated for assessment purposes as provided in this chapter.

     Sec. 18.  NRS 271.325 is hereby amended to read as follows:

     271.325  1.  When an accurate estimate of cost, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the governing body, it shall, by resolution, make a determination that:

     (a) Public convenience and necessity require the creation of the district; and

     (b) The creation of the district is economically sound and feasible.

Ê This determination may be made part of the ordinance creating the district adopted pursuant to subsection 2 and is conclusive in the absence of fraud or gross abuse of discretion.

     2.  The governing body may, by ordinance, create the district and order the proposed project to be acquired or improved. This ordinance may be adopted and amended as if an emergency existed.

     3.  The ordinance must prescribe:

     (a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.

     (b) The kind and location of each project proposed, without mentioning minor details.

     (c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.

     (d) The character and extent of any construction units.

     4.  The engineer may further revise the cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended . Except as otherwise provided in sections 3 to 15, inclusive, of this act, such amendment must take place before letting any construction contract therefor and before any work being done other than by independent contract let by the municipality.

     5.  The ordinance, if amended, must order the work to be done as provided in this chapter.

     6.  Upon adoption or amendment of the ordinance, the governing body shall cause to be recorded in the office of the county recorder a certified copy of a list of the tracts to be assessed and the amount of maximum benefits estimated to be assessed against each tract in the assessment area, as shown on the assessment plat as revised and approved by the governing body pursuant to NRS 271.320. Neither the failure to record the list as provided in this subsection nor any defect or omission in the list regarding any parcel or parcels to be included within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.

     7.  The governing body may not adopt an ordinance creating or modifying the boundaries of an improvement district for a commercial area vitalization project if the boundaries of the improvement district overlap an existing improvement district created for a commercial area vitalization project.

     Sec. 19.  NRS 271.367 is hereby amended to read as follows:

     271.367  Because the protection afforded by a security wall benefits each tract in the subdivision, in addition to any other basis for apportioning the assessments authorized in NRS 271.010 to 271.360, inclusive, and sections 3 to 15, inclusive, of this act, the governing body may apportion the assessments for a security wall on the basis that all tracts in the subdivision share equally in the cost and maintenance of the project.

 


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sections 3 to 15, inclusive, of this act, the governing body may apportion the assessments for a security wall on the basis that all tracts in the subdivision share equally in the cost and maintenance of the project.

     Sec. 20.  NRS 361.157 is hereby amended to read as follows:

     361.157  1.  When any real estate or portion of real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit or as a residence, or both, the leasehold interest, possessory interest, beneficial interest or beneficial use of the lessee or user of the property is subject to taxation to the extent the:

     (a) Portion of the property leased or used; and

     (b) Percentage of time during the fiscal year that the property is leased by the lessee or used by the user, in accordance with NRS 361.2275,

Ê can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227 and in accordance with NRS 361.2275.

     2.  Subsection 1 does not apply to:

     (a) Property located upon a public airport, park, market or fairground, or any property owned by a public airport, unless the property owned by the public airport is not located upon the public airport and the property is leased, loaned or otherwise made available for purposes other than for the purposes of a public airport, including, without limitation, residential, commercial or industrial purposes;

     (b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;

     (c) Property of any state-supported educational institution, except any part of such property located within a tax increment area created pursuant to NRS 278C.155;

     (d) Property leased or otherwise made available to and used by a natural person, private association, private corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;

     (e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States;

     (f) Vending stand locations and facilities operated by persons who are blind under the auspices of the Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, whether or not the property is owned by the federal, state or a local government;

     (g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production;

     (h) The use of exempt property that is leased, loaned or made available to a public officer or employee, incident to or in the course of public employment;

     (i) A parsonage owned by a recognized religious society or corporation when used exclusively as a parsonage;

 


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     (j) Property owned by a charitable or religious organization all, or a portion, of which is made available to and is used as a residence by a natural person in connection with carrying out the activities of the organization;

     (k) Property owned by a governmental entity and used to provide shelter at a reduced rate to elderly persons or persons having low incomes;

     (l) The occasional rental of meeting rooms or similar facilities for periods of less than 30 consecutive days; [or]

     (m) The use of exempt property to provide day care for children if the day care is provided by a nonprofit organization [.] ; or

     (n) Any lease, easement, operating agreement, license, permit or right of entry for any exempt state property granted by the Department or the Regional Transportation Commission of Southern Nevada pursuant to section 45 of this act.

     3.  Taxes must be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section do not become a lien against the property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and, if unpaid, are recoverable by the county in the proper court of the county.

     Sec. 21.  NRS 482.2805 is hereby amended to read as follows:

     482.2805  1.  Except as otherwise provided in subsection 3, the Department of Motor Vehicles shall not renew the registration of a motor vehicle if a local authority has filed with the Department of Motor Vehicles a notice of nonpayment pursuant to NRS 484B.527 , or if the Department of Transportation or a private partner under a public-private partnership has filed a notice of nonpayment pursuant to section 42 of this act, unless, at the time for renewal of the registration, the registered owner of the motor vehicle provides to the Department of Motor Vehicles a receipt issued by the local authority pursuant to NRS 482.2807 [.] , or a receipt issued by the Department of Transportation or a private partner under a public-private partnership.

     2.  If the registered owner provides a receipt to the Department of Motor Vehicles pursuant to subsection 1 and complies with the other requirements of this chapter, the Department of Motor Vehicles shall renew the registration of the motor vehicle.

     3.  The Department of Motor Vehicles shall renew the registration of a motor vehicle owned by a short-term lessor for which the Department of Motor Vehicles has received a notice of nonpayment pursuant to NRS 484B.527 or section 42 of this act without requiring the short-term lessor to provide a receipt pursuant to subsection 1 if the short-term lessor submits to the Department of Motor Vehicles a certificate issued by a local authority , the Department of Transportation or a private partner under a public-private partnership pursuant to subsection 4.

     4.  A local authority , the Department of Transportation or a private partner under a public-private partnership shall, upon request, issue to a short-term lessor a certificate which requires the Department of Motor Vehicles to renew the registration of a motor vehicle owned by the short-term lessor without requiring the short-term lessor to provide a receipt pursuant to subsection 1 if the short-term lessor provides the local authority , the Department of Transportation or a private partner under a public-private partnership with the name, address and number of the driver’s license of the short-term lessee who was leasing the vehicle at the time of the violation.

 


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public-private partnership with the name, address and number of the driver’s license of the short-term lessee who was leasing the vehicle at the time of the violation.

     5.  Upon the request of the registered owner of a motor vehicle, the Department of Motor Vehicles shall provide a copy of the notice of nonpayment filed with the Department of Motor Vehicles by the local agency pursuant to NRS 484B.527 [.] or the Department of Transportation or a private partner under a public-private partnership pursuant to section 42 of this act.

     6.  If the registration of a motor vehicle that is identified in a notice of nonpayment filed with the Department of Motor Vehicles by a local authority pursuant to NRS 484B.527 or the Department of Transportation or a private partner under a public-private partnership pursuant to section 42 of this act is not renewed for two consecutive periods of registration, the Department of Motor Vehicles shall delete any records maintained by the Department of Motor Vehicles concerning that notice.

     7.  The Department of Motor Vehicles may require a local authority to pay a fee for the creation, maintenance or revision of a record of the Department of Motor Vehicles concerning a notice of nonpayment filed with the Department of Motor Vehicles by the local authority pursuant to NRS 484B.527. The Department of Motor Vehicles may require the Department of Transportation or a private partner under a public-private partnership to pay a fee for the creation, maintenance or revision of a record of the Department of Motor Vehicles concerning a notice of nonpayment filed with the Department of Motor Vehicles by the Department of Transportation or a private partner under a public-private partnership pursuant to section 42 of this act. The Department of Motor Vehicles shall, by regulation, establish any fee required by this subsection. Any fees collected by the Department pursuant to this subsection must be:

     (a) Deposited with the State Treasurer for credit to the Motor Vehicle Fund; and

     (b) Allocated to the Department to defray the cost of carrying out the provisions of this section.

     Sec. 22.  Sections 22 to 52, inclusive, of this act may be cited as the Boulder City Bypass Toll Road Demonstration Project Act. This act shall only apply to the Boulder City Bypass Project and not to any other project of the Commission.

     Sec. 23.  As used in this act, unless the context otherwise requires, the words and terms defined in sections 24 to 33, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 24.  “Authorized emergency vehicle” has the meaning ascribed to it in NRS 484A.020.

     Sec. 25.  “Commission” means the Regional Transportation Commission of Southern Nevada.

     Sec. 26.  “Concession” means any lease, ground lease, franchise, easement, permit, right of entry, operating agreement or other binding agreement transferring rights for the use or control, in whole or in part, of the demonstration project by the Commission to a private partner.

     Sec. 27.  “Demonstration project” means the toll road demonstration project established by the Commission pursuant to section 34 of this act.

     Sec. 28.  “Motor vehicle” has the meaning ascribed to it in NRS 484A.130.

 


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ê2011 Statutes of Nevada, Page 2920 (Chapter 478, SB 506)ê

 

     Sec. 29.  “Private partner” means a person with whom the Commission enters into a public-private partnership.

     Sec. 30.  “Public-private partnership” means a contract entered into by the Commission and a private partner under which the private partner:

     1.  Assists the Commission in defining a potential project concerning the demonstration project and negotiates terms for potentially carrying out the planning, designing, financing, constructing, improving, maintaining, operating or acquiring rights-of-way for, or any combination thereof, the demonstration project, or any portion thereof; or

     2.  Assumes responsibility for planning, designing, financing, constructing, improving, maintaining, operating or acquiring rights-of-way for the demonstration project or any portion thereof.

     Sec. 31.  “Registered owner” means a person whose name appears in the records of the Department of Motor Vehicles as the person to whom a motor vehicle is registered.

     Sec. 32.  “Toll road” means a highway and appurtenant facilities for which a user must pay a user fee as a condition of use.

     Sec. 33.  “User fee” means a toll, fee, fare or other similar charge, including, without limitation, any incidental, account maintenance, administrative, credit card or video tolling fee or charge authorized by the Commission or a public-private partnership and imposed on a person for his or her use of a toll road.

     Sec. 34.  1.  The Commission shall establish a toll road demonstration project in connection with the Boulder City Bypass Project. The demonstration project is a toll road directly connecting the area in the vicinity of U.S. 93/95 Mile Post 58.00 to the area in the vicinity of U.S. 93 Mile Post 2.00 and may:

     (a) Include, without limitation, highways, roads, bridges, on-ramps, off-ramps, direct connectors to or from other highways or arterials, tunnels, connectors to an airport, pavement, shoulders, structures, culverts, curbs, toll gantries and systems, drains, rights-of-way, buildings, communication facilities, equipment appurtenances, lighting, signage, service centers, operations centers, services, personal property and works incidental to, related to or desirable for highway design, construction, improvement, maintenance or operation required, laid out, constructed, improved, maintained or operated for highway purposes.

     (b) Include any appurtenant facilities and facilities necessary for financing, connectivity, operations, maintenance, mobility or safety of the demonstration project, which may include tolled and nontolled elements and on- and off-site facilities.

     (c) Be developed in one or more phases, through one or more solicitations and with one or more private partners.

     2.  The Commission may perform such tasks as are necessary and appropriate to plan, finance, design, construct, improve, maintain, operate and acquire rights-of-way for the demonstration project, including, without limitation:

     (a) Plan, design, finance, construct, maintain, operate and make such other improvements to existing highways as may be necessary and appropriate to accommodate, develop and own the demonstration project.

     (b) Determine the allowable uses of and the goals, standards, specifications and criteria of the demonstration project.

 


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     (c) Enter into agreements with any local government or other political subdivision of this State, another state or the Federal Government for planning, designing, financing, constructing, improving, maintaining, operating and acquiring rights-of-way for the demonstration project.

     (d) Enter into contracts with a public-private partnership for planning, designing, financing, constructing, improving, maintaining, operating and acquiring rights-of-way for the demonstration project.

     (e) Retain legal, financial, technical and other consultants to assist the Commission concerning the demonstration project.

     (f) Secure financial and other assistance for planning, designing, financing, constructing, improving, maintaining, operating and acquiring rights-of-way for the demonstration project.

     (g) Apply for, accept and expend money from any lawful source, including, without limitation, any public or private funding, loan, grant, line of credit, loan guarantee, credit instrument, private activity bond allocation, credit assistance from the Federal Government or other type of assistance that is available to carry out the demonstration project.

     (h) Accept from any source any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other thing of value made to the Commission to carry out the demonstration project.

     (i) Pay any compensation to which a private partner is entitled, pursuant to the terms of the public-private partnership, upon the termination of the public-private partnership.

     (j) Enter into a bond indenture, loan agreement, interest rate swap, financing agreement, security agreement, pledge agreement, credit facility, trust agreement or other financial agreement in connection with the financing of the demonstration project.

     3.  The demonstration project, whether planned, designed, financed, constructed, improved, maintained or operated by the Commission or private partner, must be and remain:

     (a) A public highway;

     (b) A public use;

     (c) A public facility; and

     (d) Owned by the Commission.

     4.  Before construction of the demonstration project begins, U.S. Highway 93 and U.S. Highway 95 shall be deemed alternate routes to the toll road which do not require a user fee and which accommodate all classes of vehicles. The Commission may establish one or more additional alternate routes to the toll road which do not require a user fee and which can accommodate all classes of vehicles that may be accommodated on U.S. Highway 93 and U.S. Highway 95 as of the date that construction of the demonstration project begins.

     Sec. 34.5.  The Commission and the Department of Transportation shall not:

     1.  Request the Federal Government to prohibit or otherwise seek to prohibit the use on U.S. Highway 93 or U.S. Highway 95 of any classes of vehicles which are authorized on those highways as of the effective date of this section; and

     2.  Exercise any authority delegated to the Commission or the Department to prohibit the use on U.S. Highway 93 or U.S. Highway 95 of any classes of vehicles which are authorized on those highways as of the effective date of this section.

 


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ê2011 Statutes of Nevada, Page 2922 (Chapter 478, SB 506)ê

 

     Sec. 35.  1.  The Commission may enter into a public-private partnership with one or more private partners for planning, designing, financing, constructing, improving, maintaining, operating or acquiring rights-of-way for the demonstration project. A public-private partnership entered into pursuant to this section may include, without limitation, a concession and must be awarded through one or more solicitations that must include, without limitation, some or all of the requests for qualifications, short-listing of qualified proposers, requests for proposals, negotiations and best and final offers.

     2.  For any solicitation in which the Commission issues a request for qualifications, request for proposals or similar solicitation for a public-private partnership, the Commission may determine which factors it will consider and, except as otherwise provided in subsection 5, the relative weight of those factors in the evaluation process for the demonstration project to obtain the best value for the Commission.

     3.  Each request for proposals issued for the demonstration project must require each person submitting a proposal to include with the proposal an executive summary. The executive summary must address the major elements of the proposal but must not include the financial terms of the proposal, the financing plan or other confidential or proprietary information or trade secrets that the person submitting the proposal intends to be exempt from disclosure.

     4.  The executive summary for each proposal must be released to the public by the Commission.

     5.  After evaluation of the proposals submitted in response to a request for proposals, the Commission may enter into negotiations with the applicant whose proposal appeared to have the best value to enter into a public-private partnership. In determining the best value, the Commission shall assign a relative weight of 5 percent to an applicant who submits to the Commission a signed affidavit which certifies that, for the planning, design, construction, improvement, maintenance and operation of the demonstration project:

     (a) At least 65 percent of all workers employed on the demonstration project, including, without limitation, any employees of the applicant, contractor and any subcontractors engaged in the demonstration project will hold a valid driver’s license or identification card issued by the Department of Motor Vehicles;

     (b) All vehicles used primarily for the demonstration project will be:

           (1) Registered and partially apportioned to Nevada pursuant to the International Registration Plan, as adopted by the Department of Motor Vehicles pursuant to NRS 706.826; or

           (2) Registered in this State;

     (c) At least 65 percent of the design professionals working on the demonstration project, including, without limitation, any employees of the applicant, contractor and any subcontractor engaged on the demonstration project, will have a valid driver’s license or identification card issued by the Department of Motor Vehicles;

     (d) At least 25 percent of the suppliers of the materials used for the demonstration project will be located in this State unless the Commission requires the acquisition of materials or equipment that cannot be obtained from a supplier located in this State; and

 


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ê2011 Statutes of Nevada, Page 2923 (Chapter 478, SB 506)ê

 

     (e) The applicant, contractor and any subcontractor engaged on the demonstration project will maintain and make available for inspection within this State his or her records concerning payroll relating to the demonstration project.

     6.  If the Commission is unable to negotiate a public-private partnership with the applicant whose proposal appeared to have the best value, upon such terms and conditions that the Commission determines to be in the best interest of the public, the Commission may suspend or terminate negotiations with that applicant. The Commission may then undertake negotiations with the next highest-ranked applicant in sequence until a public-private partnership is entered into or a determination is made by the Commission to reject all applicants that submitted proposals.

     7.  After the award and execution of the public-private partnership, the Commission shall make available to the applicants and the public the results of the evaluations of proposals and the final rankings of the applicants.

     8.  Notwithstanding any other law to the contrary, to maximize competition and to obtain the best value for the public, no part of a proposal other than the executive summary may be released or disclosed by the Commission before the award and execution of the public-private partnership and the conclusion of any specified period to protest or otherwise challenge the award, except pursuant to an administrative or judicial order requiring release or disclosure of any part of the proposal.

     Sec. 36.  1.  A public-private partnership awarded to an applicant who receives a preference in bidding described in subsection 5 of section 35 of this act must:

     (a) Include a provision in the public-private partnership that substantially incorporates the requirements of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act; and

     (b) Provide that a failure to comply with any requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act is a material breach of the public-private partnership and entitles the Commission to liquidated damages only as provided in subsections 5 and 6.

     2.  Any contract entered into between a private partner and a contractor engaged on the demonstration project and between a contractor and any subcontractor engaged on the demonstration project must:

     (a) Include a provision in the contract that substantially incorporates the requirements of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act; and

     (b) Provide that a failure to comply with any requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act is a material breach of the contract.

     3.  A person or entity who believes that an applicant has obtained a preference in bidding as described in subsection 5 of section 35 of this act but has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act may file a written objection with the Commission. A written objection authorized pursuant to this subsection must set forth proof or substantiating evidence to support the belief of the person or entity that the applicant has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act.

     4.  If the Commission receives a written objection pursuant to subsection 3, the Commission shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to that subsection.

 


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ê2011 Statutes of Nevada, Page 2924 (Chapter 478, SB 506)ê

 

accompanied by the proof or substantiating evidence required pursuant to that subsection. If the Commission determines that the objection is not accompanied by the required proof or substantiating evidence, the Commission shall dismiss the objection. If the Commission determines that the objection is accompanied by the required proof or substantiating evidence or if the Commission determines on its own initiative that proof or substantiating evidence of a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act exists, the Commission shall determine whether the applicant has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act and the Commission may proceed to award the contract accordingly or, if the contract has already been awarded, seek the remedy authorized in subsection 5.

     5.  The Commission may recover, by civil action against the party responsible for a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act, liquidated damages as described in subsection 6 for a breach of a contract for the demonstration project caused by a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act. If the Commission recovers liquidated damages pursuant to this subsection for a breach of a contract for the demonstration project, the Commission shall report to the State Contractors’ Board the date of the breach, the name of each entity which breached the contract and the cost of the public-private partnership. The Board shall maintain this information for not less than 6 years. Upon request, the Board shall provide this information to any public body or its authorized representative.

     6.  If an applicant submits the affidavit described in subsection 1, receives a preference in bidding described in subsection 5 of section 35 of this act and is awarded the public private partnership, the public-private partnership, each contract between the applicant and a contractor or a subcontractor or supplier and each contract between a subcontractor and a subcontractor or supplier must provide that:

     (a) If a party to the contract causes a material breach of the contract between the applicant and the Commission as a result of a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act, the party is liable to the Commission for liquidated damages in the amount of 10 percent of the cost of the largest contract to which he or she is a party or $50,000, whichever is less;

     (b) The right to recover the amount determined pursuant to paragraph (a) by the Commission pursuant to subsection 5 may be enforced by the Commission directly against the party that causes the material breach; and

     (c) No other party to the contract is liable to the Commission for liquidated damages.

     Sec. 37.  1.  To be eligible as a private partner in connection with a public-private partnership, a private partner must:

     (a) Obtain a performance bond, payment bond, letter of credit, parent guarantee or other security acceptable to the Commission, or any combination thereof, which the Commission determines is adequate to:

           (1) Protect the interests of this State and its political subdivisions; and

 


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ê2011 Statutes of Nevada, Page 2925 (Chapter 478, SB 506)ê

 

           (2) Ensure completion of the demonstration project without this State or its political subdivisions being liable for any of the direct costs of the demonstration project;

     (b) Obtain insurance covering general liability and liability for errors and omissions, in amounts determined by the Commission;

     (c) Not have been found liable for breach of contract with respect to a previous project with the Commission, other than a breach for legitimate cause during the 5 years immediately preceding the commencement of the solicitation of the public-private partnership; and

     (d) Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895 or 338.1475.

     2.  A private partner is not required to hold the licenses and certifications required to undertake the work for the demonstration project as a condition of eligibility to be a private partner but must ensure that any work which requires a license or certification is performed by persons that possess the required licenses and certifications.

     Sec. 38.  Information obtained by or disclosed to the Commission during the procurement or negotiation of a public-private partnership may be kept confidential until the public-private partnership is executed, except that the Commission may exempt from release any proprietary information obtained by or disclosed to the Commission during the procurement or negotiation.

     Sec. 39.  1.  Except as otherwise provided in subsection 2, notwithstanding any other law to the contrary, a public-private partnership may be for a term of not more than 40 years after the opening of the demonstration project to the public and the commencement of its full operations and collection of revenue.

     2.  A public-private partnership may be extended:

     (a) As a result of an event in the nature of force majeure;

     (b) As a means to compensate the private partner for events set forth in the public-private partnership that entitle the private partner to compensation; or

     (c) For additional terms upon the mutual agreement of the private partner and the Commission.

     Sec. 40.  1.  A public-private partnership entered into pursuant to this act may include provisions that:

     (a) Authorize the Commission and the private partner to charge, collect, use, enforce and retain user fees, including, without limitation, provisions that:

           (1) Specify the technology to be used in the demonstration project;

           (2) Establish circumstances under which the Commission may receive the revenues or a share of the revenues from such user fees;

           (3) State that the user fees may be collected directly by the Commission, the private partner or by a third party engaged for that purpose;

           (4) Prescribe a formula, indexation or mechanism for the adjustment of user fees during the term of the public-private partnership;

           (5) Allow a variety of strategies to be employed to manage traffic on the demonstration project that the Commission determines are appropriate based on the specific circumstances of the demonstration project; and

           (6) Govern the enforcement of user fees, including, without limitation, provisions for the use of cameras or other mechanisms to ensure that users have paid user fees which are due and provisions that allow the Commission and private partner to request information from relevant databases, including, without limitation, databases of the Department of Motor Vehicles, pursuant to the provisions of NRS 481.063, for enforcement purposes.

 


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ê2011 Statutes of Nevada, Page 2926 (Chapter 478, SB 506)ê

 

Commission and private partner to request information from relevant databases, including, without limitation, databases of the Department of Motor Vehicles, pursuant to the provisions of NRS 481.063, for enforcement purposes. The Commission may impose a civil penalty of not more than $10,000 per violation for misuse of the data contained in such databases, including, without limitation, negligence in securing the data properly. Any civil penalty collected pursuant to this subparagraph must be deposited in the State General Fund.

     (b) Allow for payments to be made by the Commission to the private partner, including, without limitation, periodic payments, construction payments, payments for attaining milestones, progress payments, payments based on availability or other performance-based payments, payments relating to events for which the public-private partnership requires payment of compensation and payments relating to or arising out of the termination of the public-private partnership.

     (c) Allow the Commission to accept payments of money from, and share revenues with, the private partner. The Commission shall deposit such money in the State Highway Fund.

     (d) Address the manner in which the Commission and the private partner will share management of the risks of the demonstration project.

     (e) Specify the manner in which the Commission and the private partner will share the costs of any development of the demonstration project.

     (f) Allocate financial responsibility for any costs that exceed the amount specified in the public-private partnership.

     (g) Establish applicable liquidated or stipulated damages to be assessed for nonperformance by the private partner.

     (h) Establish performance measurements, as described in section 41 of this act, or incentives, or both.

     (i) Address the acquisition of rights-of-way and other property interests that may be required for the demonstration project, including, without limitation, provisions that address the exercise of eminent domain by the Commission in the manner authorized pursuant to NRS 277A.250 and chapter 37 of NRS.

     (j) Establish recordkeeping, accounting and auditing standards to be used for the project.

     (k) Upon termination of the public-private partnership, address responsibility for repair, rehabilitation, reconstruction or renovations that are required for the demonstration project to meet all applicable standards set forth in the public-private partnership upon reversion of the demonstration project to the Commission.

     (l) Provide for security and law enforcement.

     (m) Identify any specifications of the Commission that must be satisfied, including, without limitation, provisions allowing the private partner to request and receive authorization to deviate from the specifications on making a showing satisfactory to the Commission.

     (n) Specify remedies available and procedures for dispute resolution, including, without limitation, the right of the private partner to institute legal proceedings to obtain an enforceable judgment or award against the Commission in the event of a default by the Commission and procedures for the use of dispute review boards, mediation, facilitated negotiation, nonbinding and binding arbitration and other alternative dispute resolution procedures.

 


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ê2011 Statutes of Nevada, Page 2927 (Chapter 478, SB 506)ê

 

     2.  A public-private partnership entered into pursuant to this act must contain a provision by which the private partner expressly agrees to be barred from seeking injunctive or other equitable relief to delay, prevent or otherwise hinder the Commission from developing or constructing a facility which was planned at the time the public-private partnership was executed and which may impact the revenue that the private partner derives from the demonstration project developed under the public-private partnership. The public-private partnership may provide for reasonable compensation to the private partner for the adverse effect on revenue from the demonstration project developed under the public-private partnership resulting from the development or construction of another facility by the Commission.

     Sec. 41.  1.  If the Commission enters into a public-private partnership pursuant to this act, the Commission:

     (a) Shall adopt, establish or include in the public-private partnership a schedule of user fees or a methodology for establishing the user fees that may be charged by the Commission or a private partner for the use of the demonstration project, which may include, without limitation, provisions for adjusting the user fees based on the types of motor vehicle, time of day, traffic conditions or other factors determined necessary by the Commission or a private partner to implement, finance or improve the performance of the demonstration project. A schedule of user fees or methodology for establishing user fees to be included in the public-private partnership must be adopted or established by the Commission at a public hearing held in compliance with chapter 241 of NRS.

     (b) Shall, consistent with the provisions of section 42 of this act, establish or provide in the public-private partnership for the establishment of administrative fines, late charges and other penalties for any person who violates any regulation or rule governing the use of the demonstration project or who fails to pay a user fee.

     (c) In addition to the exemptions provided in subsection 2, may establish or provide in the public-private partnership for exemptions from the payment of a user fee.

     (d) Shall adopt a plan for measuring the performance of the private partner subject to the approval of the Department of Transportation, and, in the event of any unexcused failure by the private partner to meet such performance measurements, provide for the rights and remedies of the Commission.

     2.  The following motor vehicles are exempt from any user fee established by the Commission:

     (a) A vehicle owned or operated by this State or any of its political subdivisions.

     (b) A transit bus or vanpool vehicle owned or operated by an agency of the United States, to the extent that such vehicles are exempted pursuant to an agreement between the agency or political subdivision and the Commission or a private partner.

     (c) An authorized emergency vehicle if the person operating it is:

           (1) Responding to an emergency and its emergency lights are in use; or

           (2) Enforcing traffic laws.

     (d) A vehicle used to provide maintenance of the demonstration project.

     (e) A vehicle that is exempt pursuant to the terms of a public-private partnership.

 


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ê2011 Statutes of Nevada, Page 2928 (Chapter 478, SB 506)ê

 

     3.  Not less frequently than once each calendar year, the Commission shall review any fee schedule established pursuant to this section and any adjustments to the fee schedule made by the Commission or a private partner to determine whether the user fees effectively manage travel times, speed and reliability with regard to the demonstration project. The Commission shall review and, if applicable, make any necessary adjustments at a public hearing held in compliance with chapter 241 of NRS.

     4.  The Commission or a private partner may use any method it determines appropriate to collect a user fee, including, without limitation, the issuance of invoices, prepayment requirements and the use of an electronic, video or automated collection system. An electronic, video or automated collection system may be used to verify payment or to charge the user fee to the:

     (a) Account of a person whose vehicle is equipped with a transponder approved by the Commission or other automated payment technology approved by the Commission;

     (b) Account of a person who otherwise registers to use the demonstration project in accordance with the policies and procedures established by the Commission or set forth in the public-private partnership; or

     (c) Registered owner.

     5.  The name, address, other personal identifying information and trip data of a user is confidential, and the Commission, a private partner, consultant, contractor or representative thereof shall not release, sell or distribute such information without the express written consent of the user, except that the Commission or a private partner may release such information:

     (a) As is necessary to collect a user fee and enforce any penalty for a violation of this act or any policies and procedures established pursuant thereto or set forth in the public-private partnership; and

     (b) To a law enforcement agency pursuant to a subpoena.

     6.  The Commission or a private partner may solicit and contract with any person to provide services relating to the collection of a user fee.

     7.  The Commission shall establish a privacy policy regarding the collection and use of personal identifying information pursuant to this section. The policy must include, without limitation, provisions requiring that:

     (a) Except as otherwise provided in paragraph (b), any personal identifying information used to collect and enforce user fees be destroyed not later than 30 days after the person has paid the user fee and any administrative fines, late fees or other penalties and charges imposed;

     (b) Any personal identifying information collected for the establishment of an account for the use of an automated collection system be:

           (1) Stored longer than 30 days only if the information is required to perform account functions, including, without limitation, billing and other activities directly related to the use of the account; and

           (2) Destroyed within 30 days after receiving written notice that the person who established the account wants to close the account; and

     (c) Each person establishing an account for use in an automated collection system be provided a copy, in a clear and conspicuous manner, of the privacy policy required by this subsection and all other applicable privacy laws.

 


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ê2011 Statutes of Nevada, Page 2929 (Chapter 478, SB 506)ê

 

     Sec. 42.  1.  Except as otherwise provided in subsection 3, a registered owner who fails to pay a user fee is subject to an administrative fine for nonpayment and is liable to the Commission or private partner for the payment of the user fee, the administrative fine and any additional charges or penalties prescribed by the Commission or set forth in the public-private partnership.

     2.  If a driver or registered owner fails to pay a user fee, the Commission or private partner shall provide notice of nonpayment to the registered owner. The notice must describe the claimed nonpayment and the amount due, including any additional charges, administrative fines or penalties, and explain that the registered owner must, within 20 days after receiving the notice, pay the full amount due or contest the claim in the manner described in the notice. A registered owner who does not pay the full amount due or contest the claim within 20 days after receiving the notice may not challenge the claim in any proceeding or action brought by the Commission or the private partner.

     3.  A short-term lessor of a motor vehicle that is the registered owner is not liable to the Commission or a private partner for any failure to pay a user fee arising out of the use of a rented motor vehicle during any period in which the motor vehicle is not in the possession of the lessor if, within 45 days after receiving the written notice from the Commission or private partner, the lessor provides to the Commission or private partner the name, address, driver’s license number and other identifying information of the person to whom the motor vehicle was rented at the time of the use of the demonstration project. If the lessor provides such information, the person to whom the motor vehicle was rented at the time of the use of the demonstration project is liable for the user fee or administrative fee, or both, and any late charges or other penalties or charges resulting from the failure to pay the user fee.

     4.  The Commission or a private partner may use a photo-monitoring, video, image capture or other automated or technology-based enforcement and collections system to detect the failure of a motor vehicle to register payment of the required user fee, to detect the failure of the driver or registered owner to pay a user fee or to verify and assess the payment of a user fee. The data, including photographs, images, videotapes and other vehicle and owner information generated and obtained by the system, may be used to establish the nonpayment of the user fee and to enforce collection of the user fee and any administrative fines, late charges and other penalties or charges imposed pursuant to the public-private partnership. The Commission or private partner shall not use the information for any other purpose.

     5.  If the registered owner fails to respond to the notice described in subsection 2, the Commission or private partner may file a notice of nonpayment with the Department of Motor Vehicles. The notice must include:

     (a) The place, time and date of the use of the demonstration project which, through nonpayment of user fees, administrative fees, late charges or other penalties or charges, constitutes a violation;

     (b) The number of the license plate and the make and model year of the motor vehicle; and

     (c) The total amount owed the Commission or private partner for the violation.

 


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     6.  Upon receipt of the notice described in subsection 5, the Department of Motor Vehicles shall place a hold on the renewal of the registration of the motor vehicle described in the notice pursuant to the provisions of NRS 482.2805.

     7.  In addition to any administrative fine, late charge or other penalty or charge for nonpayment of a user fee established pursuant to the public-private partnership which is payable to the Commission or a private partner, the Department of Motor Vehicles may impose an additional administrative fee of not more than $15 upon any person who applies for the renewal of the registration of a motor vehicle subject to a hold pursuant to this section.

     8.  The Department of Motor Vehicles shall work cooperatively with the Commission and any private partner to establish a timely and efficient manner for providing the motor vehicle registration of the registered owner, pursuant to the provisions of NRS 481.063, to the Commission and any private partner for the purposes of collecting and enforcing any user fees and any administrative fines, late charges and other penalties imposed pursuant to this act.

     Sec. 43.  1.  All money that is received and is to be retained by the Commission pursuant to a public-private partnership in connection with the demonstration project that is derived from the imposition of any charge with respect to the operation of any motor vehicle upon any public highway in this State must be deposited in the State Highway Fund and, except for costs of administration, must be used exclusively for the design, construction, operation, maintenance, financing and repair of the public highways of this State. The money must first be used to defray the obligations of the Commission under the public-private partnership, including, without limitation, the costs of administration, design, construction, operation, maintenance, financing and repair of the demonstration project.

     2.  Any other money received by the Commission pursuant to this act or any policies or procedures established by the Commission or set forth in the public-private partnership must be deposited in the State Highway Fund and accounted for separately. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. The money in the account may be used for:

     (a) The payment of the costs of planning, designing, financing, constructing, improving, maintaining, operating or acquiring rights-of-way for the demonstration project;

     (b) The payment of the costs of administering the demonstration project and enforcing the collection of user fees;

     (c) Satisfaction of any obligations of the Commission pursuant to a public-private partnership; and

     (d) The costs of administration, construction, maintenance and repair of the public highways located in Clark County.

     Sec. 44.  1.  The demonstration project and any property improvement determined by the Commission to be necessary or desirable therefor may, as determined by the Commission be financed:

     (a) By the private partner using its own funds or obtaining funds in any lawful manner for that entity.

     (b) By the issuance of revenue bonds or notes of the Commission which are payable from and secured by:

 


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           (1) Revenues from the demonstration project, including, without limitation, user fees and payments established, due and collected pursuant to sections 41 and 42 of this act, other than subsection 7 of section 42 of this act;

           (2) Payments from the Commission to the private partner pursuant to a public-private partnership;

           (3) Payments from the private partner as described in section 43 of this act;

           (4) Guarantees or other forms of financial assistance from the private partner or any other person;

           (5) Any grants, donations or other sources of funding mentioned in paragraph (f), (g) or (h) of subsection 2 of section 34 of this act, if use of the money to pay and secure the payment of the principal of and interest on those bonds or notes is consistent with and not prohibited by the instrument, law or regulation under which the money is received;

           (6) Interest or other gain accruing on any of the money deposited in the State Highway Fund pursuant to section 43 of this act; and

           (7) Any combination thereof,

Ê as described in the resolution authorizing the issuance of the bonds or notes. The bonds or notes may have a maturity of up to 40 years after the date of issuance. Any bonds or notes authorized by this paragraph are special, limited obligations of the Commission payable solely from the revenues specifically pledged to the payment of those obligations, as specified in the resolution for the issuance of the bonds or notes, and shall never be a debt of the State under Section 3 of Article 9 of the Constitution of the State of Nevada.

     (c) By the issuance of revenue bonds or notes of the Commission, to finance the demonstration project directly or by making a loan to the private partner, pursuant to a financing agreement entered into between the Commission and the private partner to secure the bonds or notes and provide for their payment. Any bonds or notes issued under this paragraph must be solely payable from and secured by payments made by and property of and other security provided by the private partner, including, without limitation, any payments made to the private partner by the Commission pursuant to the public-private partnership. Any bonds or notes issued pursuant to this paragraph may have a maturity of up to 40 years from the date of issuance. Any bonds or notes authorized by this paragraph are special, limited obligations of the Commission payable solely from the revenues specifically pledged to the payment of those obligations, as specified in the resolution for the issuance of bonds or notes, and shall never be a debt of the State under Section 3 of Article 9 of the Constitution of the State of Nevada.

     (d) By the issuance of private activity bonds or notes of the Commission or other eligible issuer, to finance the demonstration project directly or by making a loan to the private partner, pursuant to a financing agreement entered into between the Commission and the private partner for the purpose of securing the bonds or notes and providing for their payment. Any bonds or notes issued pursuant to this paragraph must be payable solely from and secured by payments made by and property of and other security provided by the private partner, including, without limitation, any payments made to the private partner by the Commission pursuant to the public-private partnership. Any bonds or notes issued pursuant to this paragraph may have a maturity of up to 40 years from the date of issuance. Any bonds or notes authorized by this paragraph are special, limited obligations of the Commission payable solely from the revenues specifically pledged to the payment of those obligations, as specified in the resolution for the issuance of the bonds or notes, and shall never be a debt of the State under Section 3 of Article 9 of the Constitution of the State of Nevada.

 


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this paragraph are special, limited obligations of the Commission payable solely from the revenues specifically pledged to the payment of those obligations, as specified in the resolution for the issuance of the bonds or notes, and shall never be a debt of the State under Section 3 of Article 9 of the Constitution of the State of Nevada.

     (e) By any loan, grant, line of credit, loan guarantee, credit instrument, private activity bond allocation, credit assistance from the Federal Government or other type of assistance that is available to carry out the demonstration project.

     (f) With any grant, donation, gift or other form of conveyance of land, money or other real or personal property or other thing of value made to the Commission to carry out the demonstration project.

     (g) With legally available money from any other source, including a source described in paragraph (f), (g) or (h) of subsection 2 of section 34 of this act, or from user fees.

     (h) By any combination of paragraphs (a) to (g), inclusive.

     2.  If so determined by the Commission, any bonds or notes issued as described in paragraph (b) of subsection 1 may also be payable from and secured by taxes which are credited to the State Highway Fund and which would not cause the bonds or notes to create a public debt under the provisions of Section 3 of Article 9 of the Constitution of the State of Nevada. In addition, the Commission may pledge those taxes to and use those taxes for the payment of any of its obligations under a public-private partnership.

     Sec. 45.  1.  The Commission may acquire, condemn or hold real property and related appurtenances under fee title, lease, easement, dedication or license for the demonstration project. The Commission may grant to a private partner a lease, easement, operating agreement, license, permit or right of entry for such real property and related appurtenances, and such grant and use shall be deemed for all purposes:

     (a) A public use;

     (b) A public facility; and

     (c) A public highway.

     2.  The real property and related appurtenances, or the use thereof, that are granted by the Commission to the private partner shall be exempt from all real property and ad valorem taxes.

     3.  The Department of Transportation shall assist the Commission in any way necessary for the Commission to carry out the provisions of this section, including, without limitation, granting to the Commission or a private partner a lease, easement, operating agreement, license, permit or right of entry.

     Sec. 46.  Notwithstanding any specific statute to the contrary, a private partner is exempt from any assessment on property:

     1.  Which the Department of Transportation or the Commission owns or acquires or in which the Department or the Commission has a possessory interest;

     2.  Which the Department or the Commission provides to the private partner pursuant to a public-private partnership; and

     3.  On which the demonstration project is located.

     Sec. 47.  1.  A private partner who enters into a contract for construction work pursuant to a public-private partnership shall:

     (a) Award contracts using competitive bidding in accordance with the provisions of chapter 338 of NRS, and solely for the purposes of those provisions regarding competitive bidding, the demonstration project shall be deemed to be a public work and the private partner shall be deemed to be a public body awarding the contracts for the demonstration project; and

 


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provisions regarding competitive bidding, the demonstration project shall be deemed to be a public work and the private partner shall be deemed to be a public body awarding the contracts for the demonstration project; and

     (b) Pay the prevailing wage required pursuant to NRS 338.013 to 338.090, inclusive, and solely for the purposes of those provisions, the demonstration project shall be deemed to be a public work and the Commission shall be deemed to be a party to the contract and to be the public body advertising for bids for the demonstration project and awarding the construction contract for the demonstration project.

     2.  Nothing in this section requires the Commission to use competitive bidding in accordance with the provisions of chapter 338 of NRS to award a public-private partnership to a private partner.

     Sec. 47.5.  1.  In addition to complying with the provisions of section 47 of this act, a private partner who enters into a contract for construction work pursuant to a public-private partnership shall:

     (a) Advertise for at least 7 calendar days for bids on each contract for the performance of any portion of the construction work for the public-private partnership;

     (b) At least 2 business days before the first day of that advertisement, provide notice of that advertisement to the Commission, the Board of County Commissioners of Clark County, the City Council of the City of Las Vegas and the City Council of the City of Boulder City;

     (c) Make available to all prospective bidders on the contract a written set of plans and specifications for the pertinent work; and

     (d) Provide public notice of the name and address of each person who submits a bid on the contract.

     2.  If the Commission, the Board of County Commissioners of Clark County, the City Council of the City of Las Vegas or the City Council of the City of Boulder City receives a notice of an advertisement for bids pursuant to paragraph (b) of subsection 1, the Commission, Board or City Council:

     (a) Shall, upon such receipt, post notice of the advertisement on an Internet website maintained by the Commission, county or city; and

     (b) May otherwise provide notice of the advertisement to local trade organizations and the general public.

     3.  The Commission shall ensure that the private partner complies with the provisions of subsection 1.

     Sec. 48.  1.  The Commission may include authority in a public-private partnership or otherwise authorize a private partner to remove any encroachments or relocate any utility from the right-of-way of the demonstration project. The Commission may incorporate the costs of such removal or relocation into the public-private partnership.

     2.  A utility may not be required to pay any costs related to removing or relocating any property of the utility pursuant to subsection 1.

     Sec. 49.  To the extent practicable, the provisions of this act are intended to supplement other statutory provisions governing the administration of highways in this State, and such other provisions must be given effect to the extent that those provisions do not conflict with the provisions of this act. If there is a conflict between such other provisions and the provisions of this act, the provisions of this act control.

     Sec. 50.  1.  On or before February 1 of each year, the Commission shall prepare a written report concerning the demonstration project. The report must include, without limitation:

 


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     (a) The current status of the demonstration project.

     (b) The amount of user fees collected by the Commission and any private partners.

     (c) The amount of money received by the Commission in connection with the demonstration project from sources other than user fees.

     (d) The amount paid by the Commission under any public-private partnership.

     (e) An assessment of the compliance by a private partner with the performance measurements set forth in the public-private partnership pursuant to sections 41 and 42 of this act.

     (f) Such other information as the Commission determines appropriate.

     2.  On or before February 1 of each even-numbered year, the Regional Transportation Commission of Southern Nevada shall submit the report prepared pursuant to subsection 1 to the Legislative Commission. On or before February 1 of each odd-numbered year, the Regional Transportation Commission of Southern Nevada shall submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

     Sec. 51.  Upon completion of the demonstration project, the Commission shall:

     1.  Subject to review by the Department of Transportation, conduct a cost-benefit analysis of the demonstration project; or

     2.  Request that the Department of Transportation conduct a cost-benefit analysis of the demonstration project.

Ê The Commission shall submit the analysis to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

     Sec. 52.  1.  In addition to the requirements of section 50 of this act, the Regional Transportation Commission of Southern Nevada shall report on the status of the demonstration project to the Legislative Commission and the Interim Finance Committee. The report must include, without limitation:

     (a) The current status of the demonstration project.

     (b) The amount of user fees collected by the Regional Transportation Commission of Southern Nevada and any private partners.

     (c) The amount of money received by the Regional Transportation Commission of Southern Nevada in connection with the demonstration project from sources other than user fees.

     (d) The amount paid by the Regional Transportation Commission of Southern Nevada under any public-private partnership.

     (e) Such other information as the Legislative Commission or the Interim Finance Committee determines appropriate.

     2.  The report required pursuant to subsection 1 must be submitted at least quarterly and at such other times as the Legislative Commission or the Interim Finance Committee may require.

     Sec. 53.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

     Sec. 54.  1.  This section and sections 1 and 34.5 of this act become effective upon passage and approval.

     2.  Sections 2 to 34, inclusive, and 35 to 53, inclusive, of this act become effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 2935ê

 

CHAPTER 479, SB 427

Senate Bill No. 427–Committee on Finance

 

CHAPTER 479

 

[Approved: June 16, 2011]

 

AN ACT relating to state governmental administration; providing for the merger of various state agencies into the Department of Administration; creating new divisions of the Department of Administration; creating the new Department of Tourism and Cultural Affairs; providing for the dissolution of the existing Department of Cultural Affairs and the placement of its constituent parts under the management of other departments; making certain appropriations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill provides for: the dissolution of the Department of Cultural Affairs and the distribution of the sub-parts of the Department of Cultural Affairs among: (1) the Department of Administration; (2) the State Department of Conservation and Natural Resources; and (3) the newly-formed Department of Tourism and Cultural Affairs. This bill also provides for the elimination of the Department of Personnel and its replacement by a new division of the Department of Administration to be known as the Division of Human Resource Management; (1) significant restriction of the powers and duties of the State Public Works Board, such that the Board will only be empowered to make recommendations concerning priority of construction, adopt regulations and preside over certain appeals; (2) reclassification of the Buildings and Grounds Division of the Department of Administration as a section instead of a division; (3) placement of both the State Public Works Board and the Buildings and Grounds Division under a new division of the Department of Administration to be known as the State Public Works Division; (4) assumption of most of the powers and duties of the State Public Works Board by the State Public Works Division; and (5) elimination of the Department of Information Technology and its replacement by a new division of the Department of Administration to be known as the Division of Enterprise Information Technology Services.

       Section 147 of this bill directs the Legislative Counsel to appropriately change any references to an officer, agency or other entity whose name is changed, whose responsibilities are transferred or whose responsibilities are eliminated pursuant to the provisions of this bill. Because of section 147, necessary changes in references to entities affected by the bill may be made during the process of codifying statutes and, thus, need not be shown repeatedly in the bill.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 223.085 is hereby amended to read as follows:

     223.085  1.  The Governor may, within the limits of available money, employ such persons as he or she deems necessary to provide an appropriate staff for the Office of the Governor, including, without limitation, the Office of Science, Innovation and Technology and the Governor’s mansion. Any such employees are not in the classified or unclassified service of the State and serve at the pleasure of the Governor.

 


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     2.  The Governor shall:

     (a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and

     (b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.

     3.  The Governor may:

     (a) Appoint a Chief Information Officer of the State; and

     (b) Designate the Administrator as the Chief Information Officer of the State.

Ê If the Administrator is so appointed, the Administrator shall serve as the Chief Information Officer of the State without additional compensation.

     4.  As used in this section, “Administrator” means the Administrator of the Division of Enterprise Information Technology Services of the Department of Administration.

     Sec. 2.  NRS 223.121 is hereby amended to read as follows:

     223.121  1.  The Director may, upon the election of each new Governor, enter into a contract with an artist for the purpose of procuring a portrait of that Governor for display in the Capitol Building.

     2.  The portrait must be painted in oil colors and appropriately framed. The painting and framing must be done in the same manner, style and size as the portraits of former Governors of the State displayed in the Capitol Building.

     3.  The contract price must not exceed the appropriation made for this purpose to the Account for the Governor’s Portrait in the State General Fund. The contract price must include the cost of the portrait and the frame.

     4.  The portrait and frame are subject to the approval of the Governor.

     5.  Upon delivery of the approved, framed portrait to the Secretary of State and its acceptance by the Director, the State Controller shall draw his or her warrant in an amount equal to the contract price and the State Treasurer shall pay the warrant from the Account for the Governor’s Portrait. Any balance remaining in the Account immediately lapses to the State General Fund.

     6.  As used in this section, “Director” means the Director of the Department of Tourism and Cultural Affairs.

     Sec. 3.  NRS 225.250 is hereby amended to read as follows:

     225.250  1.  The Advisory Committee shall:

     (a) Advise the Director of the Department of [Cultural Affairs] Administration concerning the Repository and make recommendations to support greater use of the Repository and collection of materials for the Repository;

     (b) Assist the Secretary of State in identifying and proposing programs that support participatory democracy and solutions to any problem concerning the level of participatory democracy, including, without limitation, proposing methods to involve the news media in the process of addressing and proposing solutions to such a problem;

     (c) Make recommendations to and discuss recommendations with the Secretary of State concerning matters brought to the attention of the Advisory Committee that relate to a program, activity, event or any combination thereof designed to increase or facilitate participatory democracy, including, without limitation, the interaction of citizens with governing bodies in the formulation and implementation of public policy;

 


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     (d) Establish a “Jean Ford Democracy Award” to honor citizens who perform exemplary service in promoting participatory democracy in this State;

     (e) Support projects by national, state and local entities that encourage and advance participatory democracy, including programs established by the National Conference of State Legislatures, the State Bar of Nevada, and other public and private organizations; and

     (f) Advise the Secretary of State and the Governor concerning the substance of any proclamation issued by the Governor pursuant to NRS 236.035.

     2.  The Advisory Committee may establish a panel to assist the Advisory Committee in carrying out its duties and responsibilities. The panel may consist of:

     (a) Representatives of organizations, associations, groups or other entities committed to improving participatory democracy in this State, including, without limitation, representatives of committees that are led by youths and established to improve the teaching of the principles of participatory democracy in the schools, colleges and universities of this State; and

     (b) Any other interested persons with relevant knowledge.

     Sec. 4.  Chapter 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 8, inclusive, of this act.

     Sec. 5.  As used in NRS 231.160 to 231.360, inclusive, and sections 5 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6 and 7 of this act have the meanings ascribed to them in those sections.

     Sec. 6.  “Department” means the Department of Tourism and Cultural Affairs.

     Sec. 7.  “Director” means the Director of the Department.

     Sec. 8.  The creation of the Department does not affect any bequest, devise, endowment, trust, allotment or other gift made to a division or institution of the Department and those gifts inure to the benefit of the division or institution and remain subject to any conditions or restraints placed on the gifts.

     Sec. 8.5.  (Deleted by amendment.)

     Sec. 9.  NRS 231.015 is hereby amended to read as follows:

     231.015  1.  The Interagency Committee for Coordinating Tourism and Economic Development is hereby created. The Committee consists of the Governor, who is its Chair, the Lieutenant Governor, who is its Vice Chair, the Director of the [Commission on] Department of Tourism [,] and Cultural Affairs, the Executive Director of the Commission on Economic Development and such other members as the Governor may from time to time appoint. The appointed members of the Committee serve at the pleasure of the Governor.

     2.  The Committee shall meet at the call of the Governor.

     3.  The Committee shall:

     (a) Identify the strengths and weaknesses in state and local governmental agencies which enhance or diminish the possibilities of tourism and economic development in this State.

     (b) Foster coordination and cooperation among state and local governmental agencies, and enlist the cooperation and assistance of federal agencies, in carrying out the policies and programs of the [Commission on] Department of Tourism and Cultural Affairs and the Commission on Economic Development.

 


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agencies, in carrying out the policies and programs of the [Commission on] Department of Tourism and Cultural Affairs and the Commission on Economic Development.

     (c) Formulate cooperative agreements between the [Commission on] Department of Tourism and Cultural Affairs or the Commission on Economic Development, and state and other public agencies pursuant to the Interlocal Cooperation Act, so that [each of those commissions] the Department and Commission may receive applications from and, as appropriate, give governmental approval for necessary permits and licenses to persons who wish to promote tourism, develop industry or produce motion pictures in this State.

     4.  The Governor may from time to time establish regional or local subcommittees to work on regional or local problems of economic development or the promotion of tourism.

     Sec. 10.  NRS 231.160 is hereby amended to read as follows:

     231.160  [There is hereby created a Commission on] The Department of Tourism [,] and Cultural Affairs is hereby created, consisting of:

     1.  [A] The Division of Tourism; [and

     2.  A Division of Publications, including Nevada Magazine.]

     2.  The Division of Museums and History, created by NRS 381.004;

     3.  The Board of Museums and History, created by NRS 381.002;

     4.  The Nevada Arts Council, created by NRS 233C.025;

     5.  The Nevada Indian Commission, created by NRS 233A.020;

     6.  The Board of the Nevada Arts Council, created by NRS 233C.030;

     7.  The Commission on Tourism; and

     8.  The Commission for Cultural Affairs, created by NRS 233C.200.

     Sec. 11.  NRS 231.200 is hereby amended to read as follows:

     231.200  The Commission on Tourism:

     1.  Shall establish the policies and approve the programs and budgets of the Division of Tourism [and Division of Publications] concerning:

     (a) The promotion of tourism and travel in this State; and

     (b) The publication of Nevada Magazine and other promotional material.

     2.  May adopt regulations to administer and carry out the policies and programs of [those divisions.] the Division of Tourism.

     3.  May from time to time create special advisory committees to advise it on special problems of tourism. Members of special advisory committees, other than members of the Commission, may be paid the per diem allowance and travel expenses provided for state officers and employees, as the budget of the Commission permits.

     Sec. 12.  NRS 231.210 is hereby amended to read as follows:

     231.210  The Director : [of the Commission on Tourism:]

     1.  Must be appointed by the Governor from a list of three persons submitted to the Governor by the Lieutenant Governor from recommendations made to the Lieutenant Governor by the:

     (a) Members of the Commission [.] on Tourism;

     (b) Chair of the Commission for Cultural Affairs;

     (c) Chair of the Board of Museums and History;

     (d) Chair of the Nevada Indian Commission; and

     (e) Chair of the Board of the Nevada Arts Council.

     2.  [Is responsible to the Commission and serves at its pleasure.

 


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     3.]  Shall, except as otherwise provided in NRS 284.143, devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.

     Sec. 13.  NRS 231.220 is hereby amended to read as follows:

     231.220  The Director [of the Commission on Tourism] shall direct and supervise all [its] administrative and technical activities [,] of the Department, including coordinating its plans for tourism , [and] publications [, scheduling its programs,] and cultural affairs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to travel , [and] tourism [.] and cultural affairs. In addition to other powers and duties, the Director:

     1.  Shall attend all appropriate meetings of the [Commission] Department and appoint a staff member to act as [its] Secretary, keeping minutes and audio recordings or transcripts of [its] all appropriate proceedings.

     2.  Shall report regularly to the [Commission] commissions, divisions and council of the Department concerning the administration of [its] the policies and programs [.

     3.  Shall serve as the Director of the Division of Tourism.

     4.  Shall appoint the Administrator of the Division of Publications.

     5.] of the Department.

     3.  May perform any other lawful acts which he or she considers necessary to carry out the provisions of NRS 231.160 to 231.360, inclusive [.] , and sections 5 to 8, inclusive, of this act.

     Sec. 14.  NRS 231.230 is hereby amended to read as follows:

     231.230  1.  The [Commission on Tourism] Department through [its] the Director may:

     (a) Employ such professional, technical, clerical and operational employees as the operation of the [Commission] Department may require; and

     (b) Employ such experts, researchers and consultants and enter into such contracts with any public or private entities as may be necessary to carry out the provisions of NRS 231.160 to 231.360, inclusive [.] , and sections 5 to 8, inclusive, of this act.

     2.  The Director [and all other nonclerical employees of the Commission are] is in the unclassified service of the State.

     3.  [The] Except as otherwise provided in subsection 4, the clerical employees of the [Commission] Department are in the classified service of the State.

     4.  The Director may appoint to the Department employees in either the classified or unclassified service of the State, in accordance with the historical manner of categorization, unless state or federal law or regulation requires otherwise.

     Sec. 15.  NRS 231.240 is hereby amended to read as follows:

     231.240  1.  The Director [of the Commission on Tourism] may charge reasonable fees for materials prepared for distribution.

     2.  All such fees must be deposited with the State Treasurer for credit to the [Commission.] Department. The fees must first be expended exclusively for materials and labor incident to preparing and printing those materials for distribution. Any remaining fees may be expended, in addition to any other money appropriated, for the support of the [Commission.] Department.

 


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     Sec. 16.  NRS 231.250 is hereby amended to read as follows:

     231.250  The Fund for the Promotion of Tourism is hereby created as a special revenue Fund. The money in the Fund is hereby appropriated for the support of the [Commission on Tourism.] Department.

     Sec. 17.  NRS 231.260 is hereby amended to read as follows:

     231.260  The [Commission on Tourism,] Department, through [its] the Division of Tourism, shall:

     1.  Promote this State so as to increase the number of domestic and international tourists.

     2.  Promote special events and exhibitions which are designed to increase tourism.

     3.  Develop a State Plan to Promote Travel and Tourism in Nevada.

     4.  Develop a comprehensive program of marketing and advertising, for both domestic and international markets, which publicizes travel and tourism in Nevada in order to attract more visitors to this State or lengthen their stay.

     5.  Provide and administer grants of money or matching grants to political subdivisions of the State, to fair and recreation boards, and to local or regional organizations which promote travel and tourism, to assist them in:

     (a) Developing local programs for marketing and advertising which are consistent with the State Plan.

     (b) Promoting specific events and attractions in their communities.

     (c) Evaluating the effectiveness of the local programs and events.

Ê Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than [50,000,] 100,000, the [Commission] Division may, if convinced that the recipient is financially unable to do so, provide a grant with less than equal matching money provided by the recipient.

     6.  Coordinate and assist the programs of travel and tourism of counties, cities, local and regional organizations for travel and tourism, fair and recreation boards and transportation authorities in the State. Local governmental agencies which promote travel and tourism shall coordinate their promotional programs with those of the [Commission.] Division.

     7.  Encourage cooperation between public agencies and private persons who have an interest in promoting travel and tourism in Nevada.

     8.  Compile or obtain by contract, keep current and disseminate statistics and other marketing information on travel and tourism in Nevada.

     9.  Prepare and publish [, with the assistance of the Division of Publications,] brochures, travel guides, directories and other materials which promote travel and tourism in Nevada.

     10.  Publish or cause to be published a magazine to be known as the Nevada Magazine. The Nevada Magazine must contain materials which educate the general public about this State and thereby foster awareness and appreciation of Nevada’s heritage, culture, historical monuments, natural wonders and natural resources.

     Sec. 18.  NRS 231.270 is hereby amended to read as follows:

     231.270  In addition to its other duties, the [Commission on Tourism through its] Division of Tourism may:

     1.  Form a statewide council or regional councils on tourism, whose members include representatives from businesses, trade associations and governmental agencies, to provide for exchange of information and coordination of programs on travel and tourism.

 


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     2.  Produce or cooperate in the production of promotional films which are suitable for broadcasting on television and presenting to organizations involved in travel or tourism.

     3.  Establish an office or offices which, by brochure, telephone, press release, videotape and other means, disseminate information on cultural, sporting, recreational and other special events, activities and facilities in the different parts of the State which will attract tourists from inside or outside the State.

     Sec. 19.  NRS 231.300 is hereby amended to read as follows:

     231.300  In performing [their] his or her duties, the Director [of the Commission on Tourism and the Administrator of the Division of Publications] shall not interfere with the functions of any other state agencies, but those agencies shall, from time to time, on reasonable request, furnish the Director [and Administrator] with data and other information from their records bearing on the objectives of the [Commission and its divisions.] Department. The Director [and Administrator] shall avail [themselves] himself or herself of records and assistance of such other state agencies as might make a contribution to the work of the [Commission.] Department.

     Sec. 20.  NRS 231.320 is hereby amended to read as follows:

     231.320  [“Committee”] “Commission” means the [Committee for the Development of Projects Relating to] Commission on Tourism created by NRS [231.350.] 231.170.

     Sec. 21.  NRS 231.340 is hereby amended to read as follows:

     231.340  “Grant Program” means the Grant Program administered by the [Committee for the Development of Projects Relating to Tourism.] Commission.

     Sec. 22.  NRS 231.360 is hereby amended to read as follows:

     231.360  1.  The [Committee] Commission may provide grants of money to counties, cities, and local and regional organizations in this State for the development of projects relating to tourism to the extent that:

     (a) Money in the Fund for the Promotion of Tourism created by NRS 231.250 is made available for that purpose. [Not more than $200,000] The amount of revenue from taxes on the gross receipts from the rental of transient lodging [may be] made available for that purpose in any biennium [.] must be determined through the budget process and approved by the Legislature.

     (b) Gifts, grants or other money is made available for that purpose.

     2.  Except as otherwise provided in this subsection, the State Controller shall, upon the request of the [Committee,] Commission, transfer to the State General Fund all money made available for the use of the [Committee] Commission pursuant to subsection 1. All such money must be accounted for separately in the State General Fund. The State Controller shall not transfer any revenue from taxes on the gross receipts from the rental of transient lodging from the Fund for the Promotion of Tourism to the State General Fund unless the transfer is approved by the Interim Finance Committee.

     3.  The [Committee] Commission shall administer the account created pursuant to subsection 2 and may make grants only from that account. Any interest earned on the money in the account must be credited to the account quarterly. The money in the account does not revert to the State General Fund at the end of any fiscal year and must be carried forward to the next fiscal year.

 


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     4.  The [Committee] Commission shall:

     (a) Develop and administer the Grant Program for the Development of Projects Relating to Tourism;

     (b) Establish guidelines for the submission and review of applications to receive money from the Grant Program;

     (c) Establish the criteria for eligibility to receive money from the Grant Program; and

     (d) Consider and approve or disapprove applications for money from the Grant Program.

     5.  Except as otherwise provided in subsection 6, as a condition of eligibility for a grant from the [Committee] Commission pursuant to this section, an applicant must provide an amount of money, at least equal to the amount of the grant, for the same purpose.

     6.  If an applicant for a grant is from a county whose population is less than 100,000 and the [Committee] Commission determines that the applicant is financially unable to provide the matching money otherwise required by subsection 5, the [Committee] Commission may provide a grant with less than equal matching money provided by the applicant.

     Sec. 23.  NRS 232.090 is hereby amended to read as follows:

     232.090  1.  The Department consists of the Director and the following : [divisions:]

     (a) The Division of Water Resources.

     (b) The Division of State Lands.

     (c) The Division of Forestry.

     (d) The Division of State Parks.

     (e) The Division of Conservation Districts.

     (f) The Division of Environmental Protection.

     (g) The Office of Historic Preservation.

     (h) Such other divisions as the Director may from time to time establish.

     2.  The State Environmental Commission, the State Conservation Commission, the Commission for the Preservation of Wild Horses, the Nevada Natural Heritage Program and the Board to Review Claims are within the Department.

     Sec. 24.  NRS 232.213 is hereby amended to read as follows:

     232.213  1.  The Department of Administration is hereby created.

     2.  The Department consists of a Director and the following divisions:

     (a) Budget Division.

     (b) Risk Management Division.

     (c) Hearings Division, which consists of hearing officers, compensation officers and appeals officers.

     (d) [Buildings and Grounds] State Public Works Division.

     (e) Purchasing Division.

     (f) Administrative Services Division.

     (g) Division of Internal Audits.

     (h) Division of Human Resource Management.

     (i) Division of Enterprise Information Technology Services.

     (j) Division of State Library and Archives.

     3.  The Director may establish a Motor Pool Division or may assign the functions of the State Motor Pool to one of the other divisions of the Department.

 


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     Sec. 25.  NRS 232.215 is hereby amended to read as follows:

     232.215  The Director:

     1.  Shall appoint [a Chief] an Administrator of the:

     (a) Risk Management Division;

     (b) [Buildings and Grounds] State Public Works Division;

     (c) Purchasing Division;

     (d) Administrative Services Division;

     (e) Division of Internal Audits; [and]

     (f) Division of Human Resource Management;

     (g) Division of Enterprise Information Technology Services;

     (h) Division of State Library and Archives; and

     (i) Motor Pool Division, if separately established.

     2.  Shall appoint a Chief of the Budget Division, or may serve in this position if the Director has the qualifications required by NRS 353.175.

     3.  Shall serve as Chief of the Hearings Division and shall appoint the hearing officers and compensation officers. The Director may designate one of the appeals officers in the Division to supervise the administrative, technical and procedural activities of the Division.

     4.  Is responsible for the administration, through the divisions of the Department, of the provisions of chapters 233F, 242, 284, 331, 333 , [and] 336 , 338, 341 and 378 of NRS, NRS 353.150 to 353.246, inclusive, and 353A.031 to 353A.100, inclusive, and all other provisions of law relating to the functions of the divisions of the Department.

     5.  Is responsible for the administration of the laws of this State relating to the negotiation and procurement of medical services and other benefits for state agencies.

     6.  Has such other powers and duties as are provided by law.

     Sec. 26.  NRS 232.2165 is hereby amended to read as follows:

     232.2165  [1.]  The [Chief] Administrator of:

     [(a) The Buildings and Grounds]

     1.  The State Public Works Division;

     [(b)] 2.  The Purchasing Division;

     [(c)] 3.  The Administrative Services Division;

     [(d)] 4.  The Division of Internal Audits; [and

     (e)] 5.  The Division of Human Resource Management;

     6.  The Division of Enterprise Information Technology Services;

     7.  The Division of State Library and Archives; and

     8.  If separately established, the Motor Pool Division,

Ê of the Department serves at the pleasure of the Director [, but, except as otherwise provided in subsection 2, for all purposes except removal is in the classified] and is in the unclassified service of the State.

     [2.  The Chief of the Motor Pool Division, if separately established, and the Chief of the Division of Internal Audits are in the unclassified service of the State.]

     Sec. 27.  NRS 232.217 is hereby amended to read as follows:

     232.217  Unless federal law or regulation otherwise requires, the Chief of the [:

     1.]  Budget Division [;

     2.  Buildings and Grounds] and the Administrator of the:

     1.  State Public Works Division;

     [3.] 2.  Purchasing Division;

     [4.] 3.  Division of Internal Audits; [and]

 


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     [5.] 4.  Division of Human Resource Management;

     5.  Division of Enterprise Information Technology Services;

     6.  Division of State Library and Archives; and

     7.  Motor Pool Division, if separately established,

Ê may appoint a Deputy and a Chief Assistant in the unclassified service of the State, who shall not engage in any other gainful employment or occupation except as otherwise provided in NRS 284.143.

     Sec. 28.  NRS 232.219 is hereby amended to read as follows:

     232.219  1.  The Department of Administration’s Operating Fund for Administrative Services is hereby created as an internal service fund.

     2.  The operating budget of each of the following entities must include an amount representing that entity’s share of the operating costs of the central accounting function of the Department:

     (a) State Public Works [Board;] Division;

     (b) Budget Division;

     (c) [Buildings and Grounds Division;

     (d)] Purchasing Division;

     [(e)] (d) Hearings Division;

     [(f)] (e) Risk Management Division;

     [(g)] (f) Division of Internal Audits; [and

     (h)] (g) Division of Human Resource Management;

     (h) Division of Enterprise Information Technology Services;

     (i) Division of State Library and Archives; and

     (j) If separately established, the Motor Pool Division.

     3.  All money received for the central accounting services of the Department must be deposited in the State Treasury for credit to the Operating Fund.

     4.  All expenses of the central accounting function of the Department must be paid from the Fund as other claims against the State are paid.

     Sec. 29.  NRS 233C.017 is hereby amended to read as follows:

     233C.017  “Department” means the Department of Tourism and Cultural Affairs.

     Sec. 30.  NRS 233C.091 is hereby amended to read as follows:

     233C.091  1.  The Administrator is appointed by the Director with special reference to the Administrator’s training, experience, capacity and interest in the arts. The Director shall consult with the Board before making the appointment.

     2.  The Administrator must have:

     (a) A degree in the arts, a field related to the arts or public administration; and

     (b) Completed course work and accumulated experience in at least one of the arts with at least 5 years of progressively responsible work experience in the administration of arts and cultural programming, at least 2 years of which must have been in a supervisory capacity.

     3.  The Administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the Administrator’s duties.

 


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ê2011 Statutes of Nevada, Page 2945 (Chapter 479, SB 427)ê

 

     4.  The Administrator is responsible to the Director for the general administration of the Division and for the submission of its budgets, subject to administrative supervision by the Director.

     5.  The Administrator shall direct the work of the Division, administer the Division and perform such other duties as the Director may, from time to time, prescribe.

     6.  To carry out the provisions of this chapter and within the limit of money available to him or her, the Administrator may enter into contracts and other lawful agreements with:

     (a) Natural persons, organizations and institutions for services furthering the mission and goals of the Division and the Board; and

     (b) Local, regional and national associations for cooperative endeavors furthering the mission and goals of the programs of the Division.

     7.  The Administrator may accept gifts, contributions and bequests of unrestricted money from natural persons, foundations, corporations and other organizations and institutions to further the mission and goals of the programs of the Division.

     8.  Except as otherwise provided pursuant to subsection 4 of NRS 231.230, the Administrator is in the unclassified service of the State.

     9.  As used in this section, “Director” means the Director of the Department.

     Sec. 31.  Chapter 233F of NRS is hereby amended by adding thereto the provisions set forth as sections 32 and 33 of this act.

     Sec. 32.  “Administrator” means the Administrator of the Division.

     Sec. 33.  “Division” means the Division of Enterprise Information Technology Services of the Department.

     Sec. 34.  NRS 233F.010 is hereby amended to read as follows:

     233F.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 233F.020 to 233F.065, inclusive, and sections 32 and 33 of this act have the meanings ascribed to them in those sections.

     Sec. 35.  NRS 233F.045 is hereby amended to read as follows:

     233F.045  “Communications Unit” means the Communications Unit of the Communication and Computing [Division] Unit of the [Department.] Division.

     Sec. 36.  NRS 233F.055 is hereby amended to read as follows:

     233F.055  “Department” means the Department of [Information Technology.] Administration.

     Sec. 37.  NRS 233F.065 is hereby amended to read as follows:

     233F.065  “Telecommunications Unit” means the Telecommunications Unit of the Communication and Computing [Division] Unit of the [Department.] Division.

     Sec. 38.  NRS 233F.080 is hereby amended to read as follows:

     233F.080  The Legislature finds and declares that a state communications system is vital to the security and welfare of the State during times of emergency and in the conduct of its regular business, and that economies may be realized by joint use of the system by all state agencies. It is the purpose of the Legislature that a state communications system be developed whereby the greatest efficiency in the joint use of existing communications systems is achieved and that all communication functions and activities of state agencies be coordinated. It is not the intent of the Legislature to remove from the [Department of Information Technology] Division control over the state telecommunications system intended for use by state agencies and the general public.

 


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ê2011 Statutes of Nevada, Page 2946 (Chapter 479, SB 427)ê

 

the Legislature to remove from the [Department of Information Technology] Division control over the state telecommunications system intended for use by state agencies and the general public.

     Sec. 39.  NRS 233F.110 is hereby amended to read as follows:

     233F.110  1.  The [Director] Administrator may, upon receiving a request for a microwave channel or channels from an agency, approve or disapprove that request. If the request is approved, the [Department] Division shall assign a channel or channels to the agency at a cost which reflects the actual share of costs incurred for services provided to the agency, in accordance with the comprehensive system of equitable billing and charges developed by the coordinator of communications.

     2.  Except as otherwise provided in subsection 3, a microwave channel assigned by the [Director] Administrator to an agency for its use must not be reassigned without the concurrence of the agency.

     3.  The [Director] Administrator may revoke the assignment of a microwave channel if an agency fails to pay for its use and may reassign that channel to another agency.

     4.  Equipment for microwave channels which is purchased by a using agency becomes the property of the [Department] Division if the agency fails to use or pay for those channels. The equipment must be used by the [Department] Division to replace old or obsolete equipment in the state communications system.

     5.  A state agency shall not purchase equipment for microwave stations without prior approval from the [Director] Administrator unless:

     (a) The existing services do not meet the needs of the agency; or

     (b) The equipment will not be used to duplicate services which are provided by the state communications system or a private company.

     6.  The [Department] Division shall reimburse an agency for buildings, facilities or equipment which is consolidated into the state communications system.

     Sec. 40.  NRS 233F.115 is hereby amended to read as follows:

     233F.115  The [Director] Administrator shall designate at least one microwave channel of the state communications system for use by the fire services.

     Sec. 41.  NRS 218E.405 is hereby amended to read as follows:

     218E.405  1.  Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in regular or special session.

     2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, NRS 284.1729, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.090, NRS 341.142, paragraph (f) of subsection [6] 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620, 439.630, 445B.830 and 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

 


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ê2011 Statutes of Nevada, Page 2947 (Chapter 479, SB 427)ê

 

     3.  The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works [Board] Division that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.090, NRS 341.142 and subsection 6 of NRS 341.145. If the Chair appoints such a subcommittee:

     (a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;

     (b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and

     (c) The Director of the Legislative Counsel Bureau or the Director’s designee shall act as the nonvoting recording secretary of the subcommittee.

     Sec. 42.  NRS 235.012 is hereby amended to read as follows:

     235.012  1.  The Director, after consulting with the Director of the [Commission on] Department of Tourism [,] and Cultural Affairs, the Administrator of the Division of Museums and History of the Department of Tourism and Cultural Affairs and the Administrator of the Division of Minerals of the Commission on Mineral Resources, may contract with a mint to produce medallions made of gold, silver, platinum or nonprecious metals and bars made of gold, silver or platinum.

     2.  The decision of the Director to award a contract to a particular mint must be based on the ability of the mint to:

     (a) Provide a product of the highest quality;

     (b) Advertise and market the product properly, including the promotion of museums and tourism in this State; and

     (c) Comply with the requirements of the contract.

     3.  The Director shall award the contract to the lowest responsible bidder, except that if in his or her judgment no satisfactory bid has been received, the Director may reject all bids.

     4.  All bids for the contract must be solicited in the manner prescribed in NRS 333.310 and comply with the provisions of NRS 333.330.

     Sec. 43.  NRS 235.014 is hereby amended to read as follows:

     235.014  1.  The ore used to produce a medallion or bar must be mined in Nevada, if the ore is available. If it is not available, ore newly mined in the United States may be used. Each medallion or bar made of gold, silver or platinum must be 0.999 fine. Additional series of medallions made of gold, silver or platinum at degrees of fineness of 0.900 or greater may be approved by the Director with the concurrence of the Interim Finance Committee. The degree of fineness of the materials used must be clearly indicated on each medallion.

     2.  Medallions may be minted in weights of 1 ounce, 0.5 ounce, 0.25 ounce and 0.1 ounce.

     3.  Bars may be minted in weights of 1 ounce, 5 ounces, 10 ounces and 100 ounces.

     4.  Each medallion must bear on its obverse The Great Seal of the State of Nevada and on its reverse a design selected by the Director, in consultation with the Director of the [Commission on] Department of Tourism [,] and Cultural Affairs, the Administrator of the Division of Museums and History of the Department of Tourism and Cultural Affairs and the Administrator of the Division of Minerals of the Commission on Mineral Resources.

 


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ê2011 Statutes of Nevada, Page 2948 (Chapter 479, SB 427)ê

 

     Sec. 44.  NRS 239.005 is hereby amended to read as follows:

     239.005  As used in this chapter, unless the context otherwise requires:

     1.  “Actual cost” means the direct cost related to the reproduction of a public record. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.

     2.  “Committee” means the Committee to Approve Schedules for the Retention and Disposition of Official State Records.

     3.  “Division” means the Division of State Library and Archives of the Department of [Cultural Affairs.] Administration.

     4.  “Governmental entity” means:

     (a) An elected or appointed officer of this State or of a political subdivision of this State;

     (b) An institution, board, commission, bureau, council, department, division, authority or other unit of government of this State or of a political subdivision of this State;

     (c) A university foundation, as defined in NRS 396.405; or

     (d) An educational foundation, as defined in NRS 388.750, to the extent that the foundation is dedicated to the assistance of public schools.

     Sec. 45.  NRS 239.073 is hereby amended to read as follows:

     239.073  1.  The Committee to Approve Schedules for the Retention and Disposition of Official State Records, consisting of six members, is hereby created.

     2.  The Committee consists of:

     (a) The Secretary of State;

     (b) The Attorney General;

     (c) The Director of the Department of Administration;

     (d) The State Library and Archives Administrator;

     (e) The [Director] Administrator of the Division of Enterprise Information Technology Services of the Department of [Information Technology;] Administration; and

     (f) One member who is a representative of the general public appointed by the Governor.

Ê All members of the Committee, except the representative of the general public, are ex officio members of the Committee.

     3.  The Secretary of State or a person designated by the Secretary of State shall serve as Chair of the Committee. The State Library and Archives Administrator shall serve as Secretary of the Committee and prepare and maintain the records of the Committee.

     4.  The Committee shall meet at least quarterly and may meet upon the call of the Chair.

     5.  An ex officio member of the Committee may designate a person to represent the ex officio member at any meeting of the Committee. The person designated may exercise all the duties, rights and privileges of the member that the person represents.

     6.  The Committee may adopt rules and regulations for its management.

     Sec. 46.  Chapter 242 of NRS is hereby amended by adding thereto the provisions set forth as sections 47 and 48 of this act.

     Sec. 47.  “Administrator” means the Administrator of the Division.

     Sec. 48.  “Division” means the Division of Enterprise Information Technology Services of the Department.

 


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ê2011 Statutes of Nevada, Page 2949 (Chapter 479, SB 427)ê

 

     Sec. 49.  NRS 242.011 is hereby amended to read as follows:

     242.011  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 242.015 to 242.068, inclusive, and sections 47 and 48 of this act have the meanings ascribed to them in those sections.

     Sec. 50.  NRS 242.031 is hereby amended to read as follows:

     242.031  “Department” means the Department of [Information Technology.] Administration.

     Sec. 51.  NRS 242.071 is hereby amended to read as follows:

     242.071  1.  The Legislature hereby determines and declares that the creation of the Division of Enterprise Information Technology Services of the Department of [Information Technology] Administration is necessary for the coordinated, orderly and economical processing of information in State Government, to ensure economical use of information systems and to prevent the unnecessary proliferation of equipment and personnel among the various state agencies.

     2.  The purposes of the [Department] Division are:

     (a) To perform information services for state agencies.

     (b) To provide technical advice but not administrative control of the information systems within the state agencies, county agencies and governing bodies and agencies of incorporated cities and towns.

     Sec. 52.  NRS 242.080 is hereby amended to read as follows:

     242.080  1.  The Division of Enterprise Information Technology Services of the Department [of Information Technology] is hereby created.

     2.  The [Department] Division consists of the [Director] Administrator and the:

     (a) [Programming Division.] Enterprise Application Services Unit.

     (b) Communication and Computing [Division.] Unit.

     (c) Office of Information Security.

     3.  A Communications Unit and a Telecommunications Unit are hereby created within the Communication and Computing [Division] Unit of the [Department.] Division.

     Sec. 53.  NRS 242.090 is hereby amended to read as follows:

     242.090  1.  The [Governor] Director of the Department shall appoint the [Director] Administrator in the unclassified service of the State. [In selecting the Director, the Governor shall consider recommendations of the Department of Personnel relating to minimum qualifications.]

     2.  The [Director:] Administrator:

     (a) Serves at the pleasure of , [the Governor] and is responsible to , the [Governor.] Director of the Department.

     (b) Shall not engage in any other gainful employment or occupation.

     Sec. 54.  NRS 242.101 is hereby amended to read as follows:

     242.101  1.  The [Director] Administrator shall:

     (a) Appoint the [chiefs] heads of the [divisions] units and offices of the Division in the unclassified service of the State;

     (b) Administer the provisions of this chapter and other provisions of law relating to the duties of the [Department;] Division; and

     (c) Carry out other duties and exercise other powers specified by law.

     2.  The [Director] Administrator may form committees to establish standards and determine criteria for evaluation of policies relating to informational services.

 


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ê2011 Statutes of Nevada, Page 2950 (Chapter 479, SB 427)ê

 

     Sec. 55.  NRS 242.105 is hereby amended to read as follows:

     242.105  1.  Except as otherwise provided in subsection 3, records and portions of records that are assembled, maintained, overseen or prepared by the [Department] Division to mitigate, prevent or respond to acts of terrorism, the public disclosure of which would, in the determination of the [Director,] Administrator, create a substantial likelihood of threatening the safety of the general public are confidential and not subject to inspection by the general public to the extent that such records and portions of records consist of or include:

     (a) Information regarding the infrastructure and security of information systems, including, without limitation:

           (1) Access codes, passwords and programs used to ensure the security of an information system;

           (2) Access codes used to ensure the security of software applications;

           (3) Procedures and processes used to ensure the security of an information system; and

           (4) Plans used to reestablish security and service with respect to an information system after security has been breached or service has been interrupted.

     (b) Assessments and plans that relate specifically and uniquely to the vulnerability of an information system or to the measures which will be taken to respond to such vulnerability, including, without limitation, any compiled underlying data necessary to prepare such assessments and plans.

     (c) The results of tests of the security of an information system, insofar as those results reveal specific vulnerabilities relative to the information system.

     2.  The [Director] Administrator shall maintain or cause to be maintained a list of each record or portion of a record that the [Director] Administrator has determined to be confidential pursuant to subsection 1. The list described in this subsection must be prepared and maintained so as to recognize the existence of each such record or portion of a record without revealing the contents thereof.

     3.  At least once each biennium, the [Director] Administrator shall review the list described in subsection 2 and shall, with respect to each record or portion of a record that the [Director] Administrator has determined to be confidential pursuant to subsection 1:

     (a) Determine that the record or portion of a record remains confidential in accordance with the criteria set forth in subsection 1;

     (b) Determine that the record or portion of a record is no longer confidential in accordance with the criteria set forth in subsection 1; or

     (c) If the [Director] Administrator determines that the record or portion of a record is obsolete, cause the record or portion of a record to be disposed of in the manner described in NRS 239.073 to 239.125, inclusive.

     4.  On or before February 15 of each year, the [Director] Administrator shall:

     (a) Prepare a report setting forth a detailed description of each record or portion of a record determined to be confidential pursuant to this section, if any, accompanied by an explanation of why each such record or portion of a record was determined to be confidential; and

     (b) Submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to:

 


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ê2011 Statutes of Nevada, Page 2951 (Chapter 479, SB 427)ê

 

           (1) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or

           (2) If the Legislature is not in session, the Legislative Commission.

     5.  As used in this section, “act of terrorism” has the meaning ascribed to it in NRS 239C.030.

     Sec. 56.  NRS 244A.689 is hereby amended to read as follows:

     244A.689  “Project” means:

     1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for:

     (a) A manufacturing, industrial or warehousing enterprise;

     (b) An organization for research and development;

     (c) A health and care facility;

     (d) A supplemental facility for a health and care facility;

     (e) The purposes of a corporation for public benefit; or

     (f) Affordable housing.

     2.  The refinancing of any land, building or other improvement and any real and personal property necessary for:

     (a) A health and care facility;

     (b) A supplemental facility for a health and care facility;

     (c) The purposes of a corporation for public benefit; or

     (d) Affordable housing.

     3.  Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any natural person, partnership, firm, company, corporation, including a public utility, association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:

     (a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.

     (b) In connection with the furnishing of water if available on reasonable demand to members of the general public.

     (c) In connection with the furnishing of energy or gas.

     4.  Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.

     5.  Any undertaking by a public utility, in addition to that allowed by subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.

     6.  In addition to the kinds of property described in subsections 2 and 3, if the project is for the generation and transmission of electricity, any other property necessary or useful for that purpose, including, without limitation, any leases and any rights to take water or fuel.

     7.  The preservation of any historic structure or its restoration for its original or another use, if the plan has been approved by the Office of Historic Preservation of the State Department of [Cultural Affairs.] Conservation and Natural Resources.

     Sec. 57.  NRS 277.058 is hereby amended to read as follows:

     277.058  1.  A public entity, in consultation with any Indian tribe that has local aboriginal ties to the geographical area in which a unique archeological, paleontological or historical site is located and in cooperation with the Office of Historic Preservation of the State Department of [Cultural Affairs,] Conservation and Natural Resources, may enter into a cooperative agreement with the owner of any property that contains a unique archeological, paleontological or historical site in this state or with any other person, agency of the Federal Government or other public entity for the preservation, protection, restoration and enhancement of unique archeological, paleontological or historical sites in this state, including, without limitation, cooperative agreements to:

 


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with the Office of Historic Preservation of the State Department of [Cultural Affairs,] Conservation and Natural Resources, may enter into a cooperative agreement with the owner of any property that contains a unique archeological, paleontological or historical site in this state or with any other person, agency of the Federal Government or other public entity for the preservation, protection, restoration and enhancement of unique archeological, paleontological or historical sites in this state, including, without limitation, cooperative agreements to:

     (a) Monitor compliance with and enforce any federal or state statutes or regulations for the protection of such sites.

     (b) Ensure the sensitive treatment of such sites in a manner that provides for their long-term preservation and the consideration of the values of relevant cultures.

     (c) Apply for and accept grants and donations for the preservation, protection, restoration and enhancement of such sites.

     (d) Create and enforce:

           (1) Legal restrictions on the use of real property; and

           (2) Easements for conservation, as defined in NRS 111.410,

Ê for the protection of such sites.

     2.  As used in this section, “public entity” means any:

     (a) Agency of this state, including the Office of Historic Preservation of the State Department of [Cultural Affairs;] Conservation and Natural Resources; and

     (b) County, city or town in this state.

     Sec. 58.  NRS 281.641 is hereby amended to read as follows:

     281.641  1.  If any reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper governmental action within 2 years after the information is disclosed, the state officer or employee may file a written appeal with a hearing officer of the [Department of] Personnel Commission for a determination of whether the action taken was a reprisal or retaliatory action. The written appeal must be accompanied by a statement that sets forth with particularity:

     (a) The facts and circumstances under which the disclosure of improper governmental action was made; and

     (b) The reprisal or retaliatory action that is alleged to have been taken against the state officer or employee.

Ê The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive, and the procedures adopted by the Personnel Commission pursuant to subsection 4.

     2.  If the hearing officer determines that the action taken was a reprisal or retaliatory action, the hearing officer may issue an order directing the proper person to desist and refrain from engaging in such action. The hearing officer shall file a copy of the decision with the Governor or any other elected state officer who is responsible for the actions of that person.

     3.  The hearing officer may not rule against the state officer or employee based on the person or persons to whom the improper governmental action was disclosed.

     4.  The Personnel Commission may adopt rules of procedure for conducting a hearing pursuant to this section that are not inconsistent with the procedures set forth in NRS 284.390 to 284.405, inclusive.

     5.  As used in this section, “Personnel Commission” means the Personnel Commission created by NRS 284.030.

 


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     Sec. 59.  NRS 284.015 is hereby amended to read as follows:

     284.015  As used in this chapter, unless the context otherwise requires:

     1.  “Administrator” means the Administrator of the Division.

     2.  “Commission” means the Personnel Commission.

     [2.  “Department” means the Department of Personnel.

     3.  “Director” means the Director of the Department.

     4.] 3.  “Disability,” includes, but is not limited to, physical disability, mental retardation and mental or emotional disorder.

     4.  “Division” means the Division of Human Resource Management of the Department of Administration.

     5.  “Essential functions” has the meaning ascribed to it in 29 C.F.R. § 1630.2.

     6.  “Public service” means positions providing service for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the Constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.

     Sec. 60.  NRS 284.025 is hereby amended to read as follows:

     284.025  1.  The [Department of Personnel] Division of Human Resource Management of the Department of Administration is hereby created.

     2.  The [Department] Division shall administer the provisions of this chapter.

     Sec. 61.  NRS 284.030 is hereby amended to read as follows:

     284.030  1.  There is hereby created in the [Department] Division a personnel commission composed of five members appointed by the Governor.

     2.  The Governor shall appoint:

     (a) Three members who are representatives of the general public and have a demonstrated interest in or knowledge of the principles of public personnel administration.

     (b) One member who is a representative of labor and has a background in personnel administration.

     (c) One member who is a representative of employers or managers and has a background in personnel administration.

     Sec. 62.  NRS 284.172 is hereby amended to read as follows:

     284.172  1.  The [Director] Administrator shall prepare, maintain and revise as necessary a list of all positions in the classified service that consist primarily of performing data processing.

     2.  The request of an appointing authority that is required to use the equipment or services of the Division of Enterprise Information Technology Services of the Department of [Information Technology] Administration for a new position or the reclassification of an existing position to a position included on the list required by subsection 1 must be submitted to the [Director] Administrator of the [Department of Information Technology] Division of Enterprise Information Technology Services for approval before submission to the [Department of Personnel.] Division of Human Resource Management.

     Sec. 63.  NRS 284.320 is hereby amended to read as follows:

     284.320  1.  In case of a vacancy in a position where peculiar and exceptional qualifications of a scientific, professional or expert character are required, and upon satisfactory evidence that for specific reasons competition in that case is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in the required qualities, the [director] Administrator may suspend the requirements of competition.

 


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required, and upon satisfactory evidence that for specific reasons competition in that case is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in the required qualities, the [director] Administrator may suspend the requirements of competition.

     2.  The [Director] Administrator may suspend the requirements of competitive examination for positions requiring highly professional qualifications if past experience or current research indicates a difficulty in recruitment or if the qualifications include a license or certification.

     3.  Upon specific written justification by the appointing authority, the [Director] Administrator may suspend the requirement of competitive examination for a position where extreme difficulty in recruitment has been experienced and extensive efforts at recruitment have failed to produce five persons in the state service who are qualified applicants for promotion to the position.

     4.  Except in the circumstances described in subsection 2, no suspension may be general in its application to any position, and each case of suspension and the justifying circumstances must be reported in the biennial report of the [department] Division with the reasons for the suspension.

     Sec. 64.  NRS 284.390 is hereby amended to read as follows:

     284.390  1.  Within 10 working days after the effective date of an employee’s dismissal, demotion or suspension pursuant to NRS 284.385, the employee who has been dismissed, demoted or suspended may request in writing a hearing before the hearing officer of the [Department] Commission to determine the reasonableness of the action. The request may be made by mail and shall be deemed timely if it is postmarked within 10 working days after the effective date of the employee’s dismissal, demotion or suspension.

     2.  The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employee’s written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing calendar of the hearing officer, in which case the hearing must be scheduled for the earliest possible date after the expiration of the 20 days.

     3.  The employee may represent himself or herself at the hearing or be represented by an attorney or other person of the employee’s own choosing.

     4.  Technical rules of evidence do not apply at the hearing.

     5.  After the hearing and consideration of the evidence, the hearing officer shall render a decision in writing, setting forth the reasons therefor.

     6.  If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.

     7.  The decision of the hearing officer is binding on the parties.

     8.  Any petition for judicial review of the decision of the hearing officer must be filed in accordance with the provisions of chapter 233B of NRS.

     Sec. 65.  NRS 321.5967 is hereby amended to read as follows:

     321.5967  1.  There is hereby created a Board of Review composed of:

     (a) The Director of the State Department of Conservation and Natural Resources;

     (b) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;

     (c) The Administrator of the Division of Minerals of the Commission on Mineral Resources;

 


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     (d) The Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources;

     (e) The State Engineer;

     (f) The State Forester Firewarden;

     (g) The Chair of the State Environmental Commission;

     (h) The Director of the State Department of Agriculture;

     (i) The Chair of the Board of Wildlife Commissioners; and

     (j) The Administrator of the Office of Historic Preservation of the State Department of [Cultural Affairs.] Conservation and Natural Resources.

     2.  The Chair of the State Environmental Commission serves as Chair of the Board.

     3.  The Board shall meet at such times and places as are specified by a call of the Chair. Six members of the Board constitute a quorum. The affirmative vote of a majority of the Board members present is sufficient for any action of the Board.

     4.  Except as otherwise provided in this subsection, the members of the Board serve without compensation. The Chair of the State Environmental Commission and the Chair of the Board of Wildlife Commissioners are entitled to receive a salary of not more than $80, as fixed by the Board, for each day’s attendance at a meeting of the Board.

     5.  While engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

     6.  The Board:

     (a) Shall review and approve or disapprove all regulations proposed by the State Land Registrar pursuant to NRS 321.597.

     (b) May review any decision of the State Land Registrar made pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS 321.5987, and affirm, modify or reverse the decision.

     (c) Shall review any plan or statement of policy concerning the use of lands in Nevada under federal management which is submitted by the State Land Use Planning Agency.

     Sec. 66.  NRS 331.010 is hereby amended to read as follows:

     331.010  As used in NRS 331.010 to [331.145,] 331.180, inclusive, unless the context otherwise requires:

     1.  “Administrator” means the Administrator of the Division.

     2.  “Buildings and Grounds [Division”] Section” means the Buildings and Grounds Section of the Division . [of the Department of Administration.

     2.  “Chief” means the Chief of the Buildings and Grounds Division.]

     3.  “Department” means the Department of Administration.

     4.  “Director” means the Director of the Department . [of Administration.]

     5.  “Division” means the State Public Works Division of the Department.

     Sec. 67.  NRS 331.020 is hereby amended to read as follows:

     331.020  The [Buildings and Grounds] Division shall administer the provisions of NRS 331.010 to [331.145,] 331.180, inclusive, subject to administrative supervision by the Director.

     Sec. 68.  NRS 331.060 is hereby amended to read as follows:

     331.060  1.  The [Chief] Administrator shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners and other persons as may be necessary to carry out the provisions of NRS 331.010 to [331.145,] 331.180, inclusive.

 


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painters, mechanics, janitors, gardeners and other persons as may be necessary to carry out the provisions of NRS 331.010 to [331.145,] 331.180, inclusive.

     2.  The employees shall perform duties as assigned by the [Chief.] Administrator.

     3.  The [Chief] Administrator is responsible for the fitness and good conduct of all employees.

     Sec. 69.  NRS 331.085 is hereby amended to read as follows:

     331.085  The [Chief] Administrator may charge the various state departments, agencies and institutions for the cost of labor and materials for extra services provided to their respective offices by the Buildings and Grounds [Division.] Section. Extra services for which these charges may be made include, but are not limited to, office remodeling, furniture construction and moving. Money received by the Chief for this purpose must be deposited in the Buildings and Grounds Operating Fund in the State Treasury.

     Sec. 70.  NRS 331.100 is hereby amended to read as follows:

     331.100  The [Chief] Administrator has the following specific powers and duties:

     1.  To keep all buildings, rooms, basements, floors, windows, furniture and appurtenances clean, orderly and presentable as befitting public property.

     2.  To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.

     3.  Under the supervision of the State Fire Marshal, to make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his or her control.

     4.  To make arrangements and provision for the maintenance of the State’s water system supplying the state-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.

     5.  To make arrangements for the installation and maintenance of water meters designed to measure accurately the quantity of water obtained from sources not owned by the State.

     6.  To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the Capitol Building at Carson City, or on any other state-owned grounds where such installation is practical or necessary.

     7.  To investigate the feasibility, and economies resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the Capitol Building at Carson City, assuming the buildings were served with power as one unit.

     8.  To purchase, use and maintain such supplies and equipment as are necessary for the care, maintenance and preservation of the buildings and grounds under his or her supervision and control.

     9.  Subject to the provisions of chapter 426 of NRS regarding the operation of vending stands in or on public buildings and properties by persons who are blind, to install or remove vending machines and vending stands in the buildings under his or her supervision and control, and to have control of and be responsible for their operation.

 


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stands in the buildings under his or her supervision and control, and to have control of and be responsible for their operation.

     10.  To cooperate with the Nevada Arts Council [and] of the [State Public Works Board] Department of Tourism and Cultural Affairs to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

     Sec. 71.  NRS 331.102 is hereby amended to read as follows:

     331.102  1.  The [Chief] Administrator shall:

     (a) Maintain accurate records reflecting the costs of administering the provisions of NRS 331.010 to [331.145,] 331.180, inclusive.

     (b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost per square foot of rentable area of carrying out the functions of the Buildings and Grounds [Division] Section for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of NRS 331.010 to [331.145,] 331.180, inclusive, of the cost.

     2.  Each department, agency and institution occupying space in state-owned buildings maintained by the Buildings and Grounds [Division,] Section shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost per budgeted square foot of rentable area, as determined by the [Chief,] Administrator, multiplied by the number of rentable square feet occupied by each department, agency or institution.

     3.  Except as otherwise provided in subsection 4, on July 1 of each year each department, agency or institution shall pay to the [Chief] Administrator for deposit in the Buildings and Grounds Operating Fund the amount of money appropriated to or authorized for the department, agency or institution for building space rental costs pursuant to its budget.

     4.  Any state department, agency or institution may pay building space rental costs required pursuant to subsection 3 on a date or dates other than July 1, if compliance with federal law or regulation so requires.

     Sec. 72.  NRS 331.110 is hereby amended to read as follows:

     331.110  1.  [Except as otherwise provided in subsection 2, the Chief] The Administrator may lease and equip office rooms outside of state buildings for the use of state officers and employees, whenever sufficient space for the officers and employees cannot be provided within state buildings, but no such lease may extend beyond the term of 1 year unless it is reviewed and approved by a majority of the members of the State Board of Examiners. The Attorney General shall approve each lease entered into pursuant to this subsection as to form and compliance with law.

     2.  [The] Except as otherwise provided in this subsection, the provisions of subsection 1 do not apply to state officers and employees of boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005. The provisions of subsection 1 apply to:

     (a) The Department of Public Safety;

     (b) The Department of Motor Vehicles; and

     (c) The State Gaming Control Board.

     3.  An owner of a building who enters into a contract with a state agency for occupancy in the building:

     (a) If the contract is entered into before May 28, 2009, may comply with the program; and

 


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     (b) If the contract is entered into on or after May 28, 2009, shall, to the extent practicable as determined by the Administrator, comply with the program.

Ê If an owner chooses not to comply with the program pursuant to paragraph (a), a state or local agency shall not, after May 28, 2009, enter into a contract for occupancy of a building owned by the owner, except that the Administrator may authorize a state or local agency to enter into a contract for the occupancy of a building owned by an owner who does not comply with the program if the Administrator determines that it is impracticable for the owner to comply with the program.

     4.  As used in this section, “program” means the program established pursuant to section 139 of this act.

     Sec. 73.  NRS 331.140 is hereby amended to read as follows:

     331.140  1.  The [Chief] Administrator shall take proper care to prevent any unlawful activity on or damage to any state property under the supervision and control of the [Chief,] Administrator, and to protect the safety of any persons on that property.

     2.  The Director of the Department of Public Safety shall appoint to the Capitol Police Division of that Department such personnel as may be necessary to assist the [Chief of] Administrator and the Buildings and Grounds [Division] Section in the enforcement of subsection 1. The salaries and expenses of the personnel appointed pursuant to this subsection must, within the limits of legislative authorization, be paid out of the Buildings and Grounds Operating Fund.

     Sec. 74.  NRS 331.160 is hereby amended to read as follows:

     331.160  1.  The Marlette Lake Water System, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.

     2.  The purposes of the Marlette Lake Water System are:

     (a) To provide adequate supplies of water to the areas served.

     (b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.

     (c) To sell water under equitable and fiscally sound contractual arrangements. Any such contractual arrangements must not include the value of the land comprising the watershed as an element in determining the cost of water sold.

     3.  The Department of Administration is designated as the state agency to supervise and administer the functions of the Marlette Lake Water System.

     4.  The Director of the Department of Administration may assign the supervision and administration of the functions of the Marlette Lake Water System to one of the divisions of the Department , a city or a county, or may establish a separate division to carry out the purposes of this section and NRS 331.170 and 331.180. Subject to the limit of money provided by legislative appropriation or revenues whose expenditure is authorized by law, the chief of that division , or the city or county, as applicable, shall employ necessary staff to carry out the provisions of this section and NRS 331.170 and 331.180.

     5.  The Director of the Department of Administration shall:

 


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     (a) Establish the value of water to be distributed from the Marlette Lake Water System.

     (b) Include in the water rate structure provisions for recovery, over a reasonable period, of the major capital costs of improving and modernizing the System.

     (c) Assure that the rate structure is equitable for all present and potential customers.

     6.  The Director of the Department of Administration may request the State Board of Finance to issue general obligation bonds of the State or revenue bonds in an aggregate principal amount not to exceed $25,000,000 to finance the capital costs of improving and modernizing the Marlette Lake Water System. Before any revenue bonds are issued pursuant to this subsection, the State Board of Finance must determine that sufficient revenue will be available in the Marlette Lake Water System Fund to pay the interest and installments of principal as they become due. The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance of state securities pursuant to this subsection.

     7.  The Legislature finds and declares that the issuance of state securities and the incurrence of indebtedness pursuant to subsection 6 is necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.

     Sec. 75.  NRS 338.010 is hereby amended to read as follows:

     338.010  As used in this chapter:

     1.  “Authorized representative” means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.

     2.  “Contract” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

     3.  “Contractor” means:

     (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS.

     (b) A design-build team.

     4.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.

     5.  “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

     6.  “Design-build team” means an entity that consists of:

     (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

     (b) For a public work that consists of:

           (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

           (2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

 


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chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

     7.  “Design professional” means:

     (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

     (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

     (c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

     (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

     (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

     8.  “Division” means the State Public Works Division of the Department of Administration.

     9.  “Eligible bidder” means a person who is:

     (a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

     (b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.

     [9.] 10.  “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

     (a) General engineering contracting, as described in subsection 2 of NRS 624.215.

     (b) General building contracting, as described in subsection 3 of NRS 624.215.

     [10.] 11.  “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.

     [11.] 12.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

     [12.] 13.  “Offense” means failing to:

     (a) Pay the prevailing wage required pursuant to this chapter;

     (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;

     (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or

     (d) Comply with subsection 4 or 5 of NRS 338.070.

 


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     [13.] 14.  “Prime contractor” means a contractor who:

     (a) Contracts to construct an entire project;

     (b) Coordinates all work performed on the entire project;

     (c) Uses his or her own workforce to perform all or a part of the public work; and

     (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.

     [14.] 15.  “Public body” means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.

     [15.] 16.  “Public work” means any project for the new construction, repair or reconstruction of:

     (a) A project financed in whole or in part from public money for:

           (1) Public buildings;

           (2) Jails and prisons;

           (3) Public roads;

           (4) Public highways;

           (5) Public streets and alleys;

           (6) Public utilities;

           (7) Publicly owned water mains and sewers;

           (8) Public parks and playgrounds;

           (9) Public convention facilities which are financed at least in part with public money; and

           (10) All other publicly owned works and property.

     (b) A building for the Nevada System of Higher Education of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.

     [16.] 17.  “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.

     [17.] 18.  “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

     (a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

     (b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.

     [18.] 19.  “Subcontract” means a written contract entered into between:

     (a) A contractor and a subcontractor or supplier; or

     (b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

     [19.] 20.  “Subcontractor” means a person who:

     (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

 


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     (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

     [20.] 21.  “Supplier” means a person who provides materials, equipment or supplies for a construction project.

     [21.] 22.  “Wages” means:

     (a) The basic hourly rate of pay; and

     (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker.

     [22.] 23.  “Worker” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

     Sec. 76.  NRS 338.1375 is hereby amended to read as follows:

     338.1375  1.  The [State Public Works Board] Division shall not accept a bid on a contract for a public work unless the contractor who submits the bid has qualified pursuant to NRS 338.1379 to bid on that contract.

     2.  The State Public Works Board shall by regulation adopt criteria for the qualification of bidders on contracts for public works of this State. The criteria adopted by the State Public Works Board pursuant to this section must be used by the [State Public Works Board] Division to determine the qualification of bidders on contracts for public works of this State.

     3.  The criteria adopted by the State Public Works Board pursuant to this section:

     (a) Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.

     (b) May include only:

           (1) The financial ability of the applicant to perform a contract;

           (2) The principal personnel of the applicant;

           (3) Whether the applicant has breached any contracts with a public body or person in this State or any other state;

           (4) Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13845 or 338.13895;

           (5) Whether the applicant has been disciplined or fined by the State Contractors’ Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the public work;

           (6) The performance history of the applicant concerning other recent, similar contracts, if any, completed by the applicant; and

           (7) The truthfulness and completeness of the application.

     Sec. 77.  NRS 338.1381 is hereby amended to read as follows:

     338.1381  1.  If, within 10 days after receipt of the notice denying an application pursuant to NRS 338.1379 or disqualifying a subcontractor pursuant to NRS 338.1376, the applicant or subcontractor, as applicable, files a written request for a hearing with the [State Public Works Board] Division or the local government, the State Public Works Board or governing body shall set the matter for a hearing within 20 days after receipt of the request. The hearing must be held not later than 45 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.

 


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     2.  The hearing must be held at a time and place prescribed by the Board or local government. At least 10 days before the date set for the hearing, the Board or local government shall serve the applicant or subcontractor with written notice of the hearing. The notice may be served by personal delivery to the applicant or subcontractor or by certified mail to the last known business or residential address of the applicant or subcontractor.

     3.  The applicant or subcontractor has the burden at the hearing of proving by substantial evidence that the applicant is entitled to be qualified to bid on a contract for a public work, or that the subcontractor is qualified to be a subcontractor on a contract for a public work.

     4.  In conducting a hearing pursuant to this section, the Board or governing body may:

     (a) Administer oaths;

     (b) Take testimony;

     (c) Issue subpoenas to compel the attendance of witnesses to testify before the Board or governing body;

     (d) Require the production of related books, papers and documents; and

     (e) Issue commissions to take testimony.

     5.  If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena issued pursuant to subsection 4, the Board or governing body may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents.

     6.  The Board or governing body shall issue a decision on the matter during the hearing. The decision of the Board or governing body is a final decision for purposes of judicial review.

     Sec. 78.  NRS 338.13845 is hereby amended to read as follows:

     338.13845  1.  If the [State Public Works Board] Division determines that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for the preference described in NRS 338.13844, the business is thereafter permanently prohibited from:

     (a) Applying for or receiving the preference described in NRS 338.13844; and

     (b) Bidding on a contract for a public work of this State.

     2.  If the [State Public Works Board] Division determines, as described in subsection 1, that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for the preference described in NRS 338.13844, the business may apply to the [Manager] Administrator to review the decision pursuant to chapter 233B of NRS.

     3.  As used in this section, [“Manager”] “Administrator” has the meaning ascribed to it in [NRS 341.015.] section 82 of this act.

     Sec. 79.  NRS 338.13847 is hereby amended to read as follows:

     338.13847  The State Public Works Board may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 338.1384 to 338.13847, inclusive. The regulations may include, without limitation, provisions setting forth:

     1.  The method by which a business may apply to receive the preference described in NRS 338.13844;

     2.  The documentation or other proof that a business must submit to demonstrate that it qualifies for the preference described in NRS 338.13844; and

     3.  Such other matters as the [State Public Works Board] Division deems relevant.

 


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Ê In carrying out the provisions of this section, the State Public Works Board and the Division shall, to the extent practicable, cooperate and coordinate with the Purchasing Division of the Department of Administration so that any regulations adopted pursuant to this section and NRS 333.3369 are reasonably consistent.

     Sec. 80.  NRS 338.1908 is hereby amended to read as follows:

     338.1908  1.  The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:

     (a) Be developed with input from one or more energy retrofit coordinators designated pursuant to NRS 338.1907, if any.

     (b) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:

           (1) The length of time necessary to commence the project.

           (2) The number of workers estimated to be employed on the project.

           (3) The effectiveness of the project in reducing energy consumption.

           (4) The estimated cost of the project.

           (5) Whether the project is able to be powered by or otherwise use sources of renewable energy.

           (6) Whether the project has qualified for participation in one or more of the following programs:

                (I) The Solar Energy Systems Incentive Program created by NRS 701B.240; or

                (II) The Renewable Energy School Pilot Program created by NRS 701B.350.

     (c) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.

     2.  The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the [Nevada] Director of the Office of Energy [Commissioner] and to any other entity designated for that purpose by the Legislature.

     3.  As used in this section:

     (a) “Local government” means each city or county that meets the definition of “eligible unit of local government” as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in subsection [11] 12 of NRS 338.010, that does not meet the definition of “eligible entity” as set forth in 42 U.S.C. § 17151.

     (b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

           (1) Biomass;

           (2) Fuel cells;

           (3) Geothermal energy;

           (4) Solar energy;

           (5) Waterpower; and

           (6) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

 


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     (c) “Retrofit” means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

     Sec. 81.  Chapter 341 of NRS is hereby amended by adding thereto the provisions set forth as sections 82 to 85, inclusive, of this act.

     Sec. 82.  “Administrator” means the Administrator of the Division.

     Sec. 83.  “Department” means the Department of Administration.

     Sec. 84.  “Division” means the State Public Works Division of the Department.

     Sec. 85.  1.  There is hereby created the State Public Works Division of the Department of Administration.

     2.  The Division consists of:

     (a) The Administrator;

     (b) The Buildings and Grounds Section; and

     (c) The State Public Works Board.

     3.  The Division shall, subject to the administrative supervision of the Director of the Department, administer the provisions of this chapter and NRS 331.010 to 331.180, inclusive.

     Sec. 86.  NRS 341.010 is hereby amended to read as follows:

     341.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 341.013 and [341.015] sections 82, 83 and 84 of this act have the meanings ascribed to them in those sections.

     Sec. 87.  NRS 341.020 is hereby amended to read as follows:

     341.020  1.  The State Public Works Board is hereby created.

     2.  The Board consists of [seven] the Director of the Department and six members appointed as follows:

     (a) The Governor shall appoint:

           (1) One member who has education or experience, or both, regarding the principles of engineering or architecture;

           (2) [One member who has education or experience, or both, regarding the principles of financing or managing public or private construction projects;

           (3)] One member who is licensed to practice law in this State and who has experience in the practice of construction law; and

           [(4)] (3) Two members who are licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

     (b) The Majority Leader of the Senate shall appoint one member who is licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

     (c) The Speaker of the Assembly shall appoint one member who is licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

     3.  Each member of the Board who is appointed serves at the pleasure of the appointing authority.

     4.  A vacancy on the Board in an appointed position must be filled by the appointing authority in the same manner as the original appointment.

     Sec. 88.  (Deleted by amendment.)

     Sec. 88.5.  NRS 341.070 is hereby amended to read as follows:

     341.070  The Board shall:

     1.  Adopt such rules for the regulation of its proceedings and the transaction of its business as it deems proper.

 


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     2.  Meet [at least once every 3 months.] as necessary to conduct the business of the Board for the following purposes:

     (a) Submitting reports and making recommendations as required pursuant to NRS 341.191;

     (b) Adopting regulations; and

     (c) Presiding over appeals taken on the following matters:

           (1) The qualification of contractors; and

           (2) Disputes regarding contracts.

     Sec. 89.  NRS 341.100 is hereby amended to read as follows:

     341.100  1.  The [Board shall appoint a Manager and a deputy manager for compliance and code enforcement, each of whom must be approved by the Governor. The Manager] Administrator and the deputy [manager] administrator for compliance and code enforcement serve at the pleasure of the [Board and the Governor.] Director of the Department.

     2.  The [Manager, with the approval of the Board,] Administrator shall appoint:

     (a) A deputy [manager] administrator for professional services; and

     (b) A deputy [manager for administrative, fiscal and constructional services.] administrator of the Buildings and Grounds Section.

Ê Each deputy [manager] administrator appointed pursuant to this subsection serves at the pleasure of the [Manager.] Administrator.

     3.  The Administrator shall recommend and the Director shall appoint a deputy administrator for compliance and code enforcement. The deputy administrator appointed pursuant to this subsection has the final authority in the interpretation and enforcement of any applicable building codes.

     4.  The [Manager] Administrator may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.

     [4.] 5.  The [Manager] Administrator and each deputy [manager] administrator are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, the [Manager] Administrator and each deputy [manager] administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.

     [5.] 6.  The [Manager] Administrator and the deputy [manager] administrator for professional services must each be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.

     [6.  The deputy manager for administrative, fiscal and constructional services must have a comprehensive knowledge of the principles of administration and a working knowledge of the principles of engineering or architecture as determined by the Board.]

     7.  The deputy [manager] administrator for compliance and code enforcement must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the [Board.] Administrator.

     8.  The [Manager] Administrator shall:

     (a) Serve as the Secretary of the Board.

     (b) Manage the daily affairs of the [Board.] Division.

     (c) Represent the Board and the Division before the Legislature.

 


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     (d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.

     (e) [Make recommendations to the Board for the selection of] Select architects, engineers and contractors.

     (f) [Make recommendations to the Board concerning the acceptance of] Accept completed projects.

     (g) Submit in writing to the [Board,] Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program. For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:

           (1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more;

           (2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;

           (3) Delays in the completion of the design or construction of the project or any substantial component of the project; or

           (4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project.

     (h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

     9.  The deputy [manager] administrator for compliance and code enforcement shall serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government.

     Sec. 90.  NRS 341.105 is hereby amended to read as follows:

     341.105  1.  When acting in the capacity of building official pursuant to subsection 9 of NRS 341.100, the deputy [manager] administrator for compliance and code enforcement or his or her designated representative may issue an order to compel the cessation of work on all or any portion of a building or structure based on health or safety reasons or for violations of applicable building codes or other laws or regulations.

     2.  If a person receives an order issued pursuant to subsection 1, the person shall immediately cease work on the building or structure or portion thereof.

     3.  Any person who willfully refuses to comply with an order issued pursuant to subsection 1 or who willfully encourages another person to refuse to comply or assists another person in refusing to comply with such an order is guilty of a misdemeanor and shall be punished as provided in NRS 193.150. Any penalties collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

     4.  In addition to the criminal penalty set forth in subsection 3, the deputy [manager] administrator for compliance and code enforcement may impose an administrative penalty of not more than $1,000 per day for each day that a person violates subsection 3.

     5.  If a person wishes to contest an order issued to the person pursuant to subsection 1, the person may bring an action in district court. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law.

 


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give such a proceeding priority over other civil matters that are not expressly given priority by law. An action brought pursuant to this subsection does not stay enforcement of the order unless the district court orders otherwise.

     6.  If a person refuses to comply with an order issued pursuant to subsection 1, the deputy [manager] administrator for compliance and code enforcement may bring an action in the name of the State of Nevada in district court to compel compliance and to collect any administrative penalties imposed pursuant to subsection 4. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. Any attorney’s fees and costs awarded by the court in favor of the State and any penalties collected in the action must be deposited with the State Treasurer for credit to the State General Fund.

     7.  No right of action exists in favor of any person by reason of any action or failure to act on the part of the Division, Director of the Department, Administrator, Board [,] or the deputy [manager] administrator for compliance and code enforcement or any officers, employees or agents of the [Board] Division in carrying out the provisions of this section.

     8.  As used in this section, “person” includes a government and a governmental subdivision, agency or instrumentality.

     Sec. 91.  NRS 341.110 is hereby amended to read as follows:

     341.110  In general, the [Board] Administrator shall have such powers as may be necessary to enable [it] him or her to fulfill [its] his or her functions and to carry out the purposes of this chapter.

     Sec. 92.  NRS 341.119 is hereby amended to read as follows:

     341.119  1.  [Upon] Except as otherwise provided in this subsection, upon the request of the head of a state agency, the [Board] Administrator may delegate to that agency any of the authority granted the [Board] Division pursuant to NRS 341.141 to 341.148, inclusive. The Administrator shall not delegate the powers described in subsection 2 of NRS 341.145.

     2.  This section does not limit any of the authority of the Legislature when the Legislature is in regular or special session or the Interim Finance Committee when the Legislature is not in regular or special session to consult with the [Board] Division concerning a construction project or to approve the advance planning of a project.

     Sec. 93.  NRS 341.141 is hereby amended to read as follows:

     341.141  1.  The [Board] Division shall furnish engineering and architectural services to the Nevada System of Higher Education and all other state departments, boards or commissions charged with the construction of any building constructed on state property or for which the money is appropriated by the Legislature, except:

     (a) Buildings used in maintaining highways;

     (b) Improvements, other than nonresidential buildings with more than 1,000 square feet in floor area, made:

           (1) In state parks by the State Department of Conservation and Natural Resources; or

           (2) By the Department of Wildlife; and

     (c) Buildings on property controlled by other state agencies if the [Board] Administrator has delegated [its] his or her authority in accordance with NRS 341.119.

Ê The Board of Regents of the University of Nevada and all other state departments, boards or commissions shall use those services.

 


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     2.  The services must consist of:

     (a) Preliminary planning;

     (b) Designing;

     (c) Estimating of costs; and

     (d) Preparation of detailed plans and specifications.

     Sec. 94.  NRS 341.145 is hereby amended to read as follows:

     341.145  1.  The Board:

     [1.] (a) Shall determine whether any rebates are available from a public utility for installing devices in any state building which are designed to decrease the use of energy in the building. If such a rebate is available, the [Board] Administrator shall apply for the rebate.

     [2.] (b) Shall solicit bids for and let all contracts for new construction or major repairs.

     [3.] (c) May negotiate with the lowest responsible and responsive bidder on any contract to obtain a revised bid if:

     [(a)] (1) The bid is less than the appropriation made by the Legislature for that building project; and

     [(b)] (2) The bid does not exceed the relevant budget item for that building project as established by the [Board] Administrator by more than 10 percent.

     [4.] (d) May reject any or all bids.

     [5.] (e) After the contract is let, shall supervise and inspect construction and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the Legislature.

     [6.] (f) Shall obtain prior approval from the Interim Finance Committee before authorizing any change in the scope of the design or construction of a project as that project was authorized by the Legislature, if the change increases or decreases the total square footage or cost of the project by 10 percent or more.

     [7.] (g) Except for changes that require prior approval pursuant to [subsection 6,] paragraph (f) may authorize change orders, before or during construction:

     [(a)] (1) In any amount, where the change represents a reduction in the total awarded contract price.

     [(b)] (2) Except as otherwise provided in [paragraph (c),] subparagraph (3), not to exceed in the aggregate 15 percent of the total awarded contract price, where the change represents an increase in that price.

     [(c)] (3) In any amount, where the total awarded contract price is less than $50,000 and the change represents an increase not exceeding the amount of the total awarded contract price.

     [(d)] (4) In any amount, where additional money was authorized or appropriated by the Legislature and issuing a new contract would not be in the best interests of the State.

     [8.] (h) Shall specify in any contract with a design professional the period within which the design professional must prepare and submit to the [Board] Administrator a change order that has been authorized by the design professional. As used in this [subsection,] paragraph, “design professional” means a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.

     [9.] (i) Has final authority to accept each building or structure, or any portion thereof, on property of the State or held in trust for any division of the State Government as completed or to require necessary alterations to conform to the contract , [or to codes adopted by the Board,] and to file the notice of completion [and certificate of occupancy] for the building or structure.

 


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conform to the contract , [or to codes adopted by the Board,] and to file the notice of completion [and certificate of occupancy] for the building or structure.

     2.  The deputy administrator for compliance and code enforcement, when acting as building official pursuant to subsection 9 of NRS 341.100, has the final authority in:

     (a) Requiring necessary alterations to conform to any building codes adopted by the Board; and

     (b) Issuing a certificate of occupancy for a building or structure.

     Sec. 95.  NRS 341.146 is hereby amended to read as follows:

     341.146  1.  The [Board] Division shall establish funds for projects of capital construction necessary to account for the program of capital construction approved by the Legislature. These funds must be used to account for all revenues, appropriations and expenditures restricted to constructing buildings and other projects which come under the supervision of the [Board.] Division.

     2.  If a state department, board, commission or agency provides to the [Board] Division money that has not been appropriated by the Legislature for a capital improvement project, any interest earned on that money accrues to the benefit of the project. Upon a determination by the [Board] Administrator that the project is completed, the [Board] Division shall return any principal and interest remaining on that money to the department, board, commission or agency that had provided the money to the [Board.] Division.

     3.  Except as otherwise provided in subsection 4, if the money actually received by the [Board] Division for a capital improvement project includes money from more than one source, the money must be expended in the following order:

     (a) Money received for the project from the Federal Government;

     (b) Money generated by the state department, board, commission or agency for whom the project is being performed;

     (c) Money that was approved for the same or a different project during a previous biennium that has been reallocated during the current biennium for the project;

     (d) Except as otherwise provided in paragraphs (e), (f) and (g), money received for the project from any other source;

     (e) Money from the issuance of general obligation bonds;

     (f) Money from the State Highway Fund; and

     (g) Money from the State General Fund.

     4.  The provisions of subsection 3 do not apply if the receipt of any money from the Federal Government for the project is conditioned upon a different order of expenditure.

     Sec. 96.  NRS 341.153 is hereby amended to read as follows:

     341.153  1.  The Legislature hereby finds as facts:

     (a) That the planning, maintenance and construction of public buildings is a specialized field requiring for its successful accomplishment a high degree of skill and experience not ordinarily acquired by public officers and employees whose primary duty lies in some other field.

     (b) That this planning, maintenance and construction involves the expenditure of large amounts of public money which, whatever their particular constitutional, statutory or governmental source, involve a public trust.

 


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     (c) That the application by state agencies of conflicting standards of performance results in wasteful delays and increased costs in the performance of public works.

     2.  The Legislature therefore declares it to be the policy of this State that all planning, maintenance and construction of buildings upon property of the State or held in trust for any division of the State Government be supervised by, and final authority for its completion and acceptance vested in, the [Board] Division as provided in NRS 341.141 to 341.148, inclusive.

     Sec. 97.  NRS 341.155 is hereby amended to read as follows:

     341.155  With the concurrence of the [Board,] Administrator, the Board of Regents of the University of Nevada and any other state department, board or commission may enter into agreements with persons, associations or corporations to provide consulting services to determine and plan the construction work that may be necessary to meet the needs of the programs of those agencies. These contracts must be for a term not exceeding 5 years and must provide for payment of a fee for those services not to exceed one-half of 1 percent of the total value of:

     1.  In the case of the Nevada System of Higher Education, building construction contracts relating to the construction of a branch or facility within the Nevada System of Higher Education; and

     2.  In the case of another state department, board or commission, all construction contracts relating to construction for that agency,

Ê during the term and in the area covered by the contract.

     Sec. 98.  NRS 341.161 is hereby amended to read as follows:

     341.161  1.  The [Board] Administrator may let to a contractor licensed under chapter 624 of NRS a contract for services which assist the [Board] Division in the design and construction of a project of capital improvement.

     2.  The Board shall adopt regulations establishing procedures for:

     (a) The determination of the qualifications of contractors to bid for contracts for services described in subsection 1.

     (b) The bidding and awarding of such contracts, subject to the provisions of subsection 3.

     (c) The awarding of construction contracts based on a final cost of the project which the contractor guarantees will not be exceeded.

     (d) The scheduling and controlling of projects.

     3.  Bids on contracts for services which assist the [Board] Division in the design and construction of a project of capital improvement must state separately the contractor’s cost for:

     (a) Assisting the [Board] Division in the design and construction of the project.

     (b) Obtaining all bids for subcontracts.

     (c) Administering the construction contract.

     4.  A person who furnishes services under a contract awarded pursuant to subsection 1 is a contractor subject to all provisions pertaining to a contractor in title 28 of NRS.

     Sec. 99.  NRS 341.166 is hereby amended to read as follows:

     341.166  1.  The [Board] Administrator may enter into a contract for services with a contractor licensed pursuant to chapter 624 of NRS to assist the [Board:] Division:

     (a) In the development of designs, plans, specifications and estimates of costs for a proposed construction project.

 


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     (b) In the review of designs, plans, specifications and estimates of costs for a proposed construction project to ensure that the designs, plans, specifications and estimates of costs are complete and that the project is feasible to construct.

     2.  The [Board] Division is not required to advertise for bids for a contract for services pursuant to subsection 1, but may solicit bids from not fewer than three licensed contractors and may award the contract to the lowest responsible and responsive bidder.

     3.  The Board shall adopt regulations establishing procedures for:

     (a) The determination of the qualifications of contractors to bid for the contracts for services described in subsection 1.

     (b) The bidding and awarding of such contracts.

     4.  If a proposed construction project for which a contractor is awarded a contract for services by the [Board] Division pursuant to subsection 1 is advertised pursuant to NRS 338.1385, that contractor may submit a bid for the contract for the proposed construction project if the contractor is qualified pursuant to NRS 338.1375.

     Sec. 100.  NRS 341.211 is hereby amended to read as follows:

     341.211  The [Board] Division shall:

     1.  Cooperate with other departments and agencies of the State in their planning efforts.

     2.  Advise and cooperate with municipal, county and other local planning commissions within the State to promote coordination between the State and the local plans and developments.

     3.  Cooperate with the Nevada Arts Council [and] of the [Buildings and Grounds Division of the] Department of [Administration] Tourism and Cultural Affairs to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

     Sec. 101.  NRS 349.510 is hereby amended to read as follows:

     349.510  “Project” means:

     1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, suitable for new construction, improvement, rehabilitation or redevelopment for:

     (a) Industrial uses, including assembling, fabricating, manufacturing, processing or warehousing;

     (b) Research and development relating to commerce or industry, including professional, administrative and scientific offices and laboratories;

     (c) Commercial enterprises;

     (d) Civic and cultural enterprises open to the general public, including theaters, museums and exhibitions, together with buildings and other structures, machinery, equipment, facilities and appurtenances thereto which the Director deems useful or desirable in connection with the conduct of any such enterprise;

     (e) An educational institution operated by a nonprofit organization not otherwise directly funded by the State which is accredited by a nationally recognized educational accrediting association;

     (f) Health and care facilities and supplemental facilities for health and care;

     (g) The purposes of a corporation for public benefit; or

     (h) A renewable energy generation project.

 


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     2.  Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.

     3.  The preservation of a historic structure or its restoration for its original or another use, if the plan has been approved by the Office of Historic Preservation of the State Department of [Cultural Affairs.] Conservation and Natural Resources.

     Sec. 102.  NRS 350.575 is hereby amended to read as follows:

     350.575  1.  Upon the adoption of a resolution to finance the preservation or restoration of a historic structure, in the manner provided in NRS 350.087, by a municipality, a certified copy thereof must be forwarded to the Executive Director of the Department of Taxation, accompanied by a letter from the Office of Historic Preservation of the State Department of [Cultural Affairs] Conservation and Natural Resources certifying that the preservation or restoration conforms to accepted standards for such work. As soon as is practicable, the Executive Director of the Department of Taxation shall, after consideration of the tax structure of the municipality concerned and the probable ability of the municipality to repay the requested financing, approve or disapprove the resolution in writing to the governing board. No such resolution is effective until approved by the Executive Director of the Department of Taxation. The written approval of the Executive Director of the Department of Taxation must be recorded in the minutes of the governing board.

     2.  If the Executive Director of the Department of Taxation does not approve the financing resolution, the governing board of the municipality may appeal the Executive Director’s decision to the Nevada Tax Commission.

     3.  As used in this section, “historic structure” means a building, facility or other structure which is eligible for listing in the State Register of Historic Places under NRS 383.085.

     Sec. 103.  NRS 353.335 is hereby amended to read as follows:

     353.335  1.  Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the Legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.

     2.  If:

     (a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the Governor shall take reasonable and proper action to accept it and shall report the action and his or her reasons for determining that immediate action was necessary to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.

     (b) The Governor determines that any proposed gift or grant would be forfeited if the State failed to accept it before the expiration of the period prescribed in paragraph (c), the Governor may declare that the proposed acceptance requires expeditious action by the Interim Finance Committee. Whenever the Governor so declares, the Interim Finance Committee has 15 days after the proposal is submitted to its Secretary within which to approve or deny the acceptance.

 


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or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.

     (c) The proposed acceptance of any gift or grant does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. The Interim Finance Committee has 45 days after the proposal is submitted to its Secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.

     3.  The Secretary shall place each request submitted to the Secretary pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the Interim Finance Committee.

     4.  In acting upon a proposed gift or grant, the Interim Finance Committee shall consider, among other things:

     (a) The need for the facility or service to be provided or improved;

     (b) Any present or future commitment required of the State;

     (c) The extent of the program proposed; and

     (d) The condition of the national economy, and any related fiscal or monetary policies.

     5.  A state agency may accept:

     (a) Gifts, including grants from nongovernmental sources, not exceeding $10,000 each in value; and

     (b) Governmental grants not exceeding $100,000 each in value,

Ê if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of approval to the Chief of the Budget Division of the Department of Administration, the specific approval of the Chief.

     6.  This section does not apply to:

     (a) The Nevada System of Higher Education;

     (b) The Department of Health and Human Services while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants to be disbursed pursuant to NRS 433.395; or

     (c) Artifacts donated to the Department of Tourism and Cultural Affairs.

     Sec. 104.  NRS 353.3465 is hereby amended to read as follows:

     353.3465  1.  If the Director of the Department of Tourism and Cultural Affairs determines that current claims exceed the amount of money available because revenue from fees or assessments has not been collected or because of a delay in other expected receipts, he or she may request from the Director of the Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.

     2.  The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of his or her approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Department of Administration.

     3.  An advance from the State General Fund:

     (a) May be approved by the Director of the Department of Administration.

     (b) Is limited to 25 percent of the revenue expected to be received in the current fiscal year from any source other than legislative appropriation.

 


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     4.  Any money which is temporarily advanced from the State General Fund pursuant to subsection 3 must be repaid by August 31 following the end of the immediately preceding fiscal year.

     Sec. 105.  NRS 361A.050 is hereby amended to read as follows:

     361A.050  “Open-space use” means the current employment of land, the preservation of which use would conserve and enhance natural or scenic resources, protect streams and water supplies, maintain natural features which enhance control of floods or preserve sites designated as historic by the Office of Historic Preservation of the State Department of [Cultural Affairs.] Conservation and Natural Resources. The use of real property and the improvements on that real property as a golf course shall be deemed to be an open-space use of the land. The use of land to lease surface water rights appurtenant to the property to a political subdivision of this State for a municipal use shall be deemed to be an open-space use of the land, if the land was agricultural real property at the time the lease was granted.

     Sec. 106.  NRS 376A.010 is hereby amended to read as follows:

     376A.010  As used in this chapter, unless the context otherwise requires:

     1.  “Open-space land” means land that is undeveloped natural landscape, including, but not limited to, ridges, stream corridors, natural shoreline, scenic areas, viewsheds, agricultural or other land devoted exclusively to open-space use and easements devoted to open-space use that are owned, controlled or leased by public or nonprofit agencies.

     2.  “Open-space plan” means the plan adopted by the board of county commissioners of a county to provide for the acquisition, development and use of open-space land.

     3.  “Open-space use” includes:

     (a) The preservation of land to conserve and enhance natural or scenic resources;

     (b) The protection of streams and stream environment zones, watersheds, viewsheds, natural vegetation and wildlife habitat areas;

     (c) The maintenance of natural and artificially created features that control floods, other than dams;

     (d) The preservation of natural resources and sites that are designated as historic by the Office of Historic Preservation of the State Department of [Cultural Affairs;] Conservation and Natural Resources; and

     (e) The development of recreational sites.

     Sec. 107.  Chapter 378 of NRS is hereby amended by adding thereto the provisions set forth as sections 108, 109 and 110 of this act.

     Sec. 108.  1.  The Department of Administration’s Communications Fund is hereby created as an internal service fund. The Fund is a continuing fund, and its money may not revert to the State General Fund at any time.

     2.  Claims against the Fund which are approved by the State Library and Archives Administrator must be paid as other claims against the State are paid.

     3.  Claims must be made in accordance with budget and quarterly work allotments and subject to postaudit examination and approval.

     Sec. 109.  1.  All revenue resulting from:

     (a) Postage sold to state officers, departments and agencies; and

     (b) Charges for proportionate costs of mail service operation,

 


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Ê must be deposited in the State Treasury for credit to the Communications Fund created by NRS 331.103.

     2.  The formula for spreading costs of operation must be adjusted from time to time to preserve the Fund at not less than its initial level.

     Sec. 110.  1.  The Division shall establish and conduct a Central Mailing Room for all state officers, departments and agencies located at Carson City, Nevada.

     2.  Any state officer, department or agency may use the Central Mailing Room facilities if the state officer, department or agency pays the cost of such use as determined by the Division.

     3.  The staff of the Central Mailing Room shall deliver incoming mail and pick up and process outgoing mail, except outgoing parcel post from the Legal Division of the Legislative Counsel Bureau, other than interoffice mail, of all state officers, departments and agencies using the Central Mailing Room facilities.

     Sec. 111.  NRS 378.005 is hereby amended to read as follows:

     378.005  As used in this chapter:

     1.  “Department” means the Department of [Cultural Affairs.] Administration.

     2.  “Director” means the Director of the Department.

     3.  “Division” means the Division of State Library and Archives of the Department.

     Sec. 112.  NRS 378.0083 is hereby amended to read as follows:

     378.0083  The creation of the Division in the Department does not affect any bequest, devise, endowment, trust, allotment or other gift made to [a division or institution of the Department] the Division and those gifts inure to the benefit of the [division or institution] Division and remain subject to any conditions or restraints placed on the gifts.

     Sec. 113.  NRS 378.070 is hereby amended to read as follows:

     378.070  The State Library and Archives Administrator may designate the hours that the State Library and Archives must be open for the use of the public . [, but they must be open for at least 5 days in each week and for at least 8 hours in each day with the exception of legal holidays.]

     Sec. 114.  NRS 378A.040 is hereby amended to read as follows:

     378A.040  1.  The Governor shall appoint to the Board:

     (a) The person who is in charge of the archives and records of the Division of State Library and Archives of the Department of [Cultural Affairs.] Administration. This person is the State Historical Records Coordinator for the purposes of 36 C.F.R. § 1206.36 and shall serve as Chair of the Board.

     (b) A person in charge of a state-funded historical agency who has responsibilities related to archives or records, or to both archives and records.

     (c) Seven other members, at least three of whom must have experience in the administration of historical records or archives. These members must represent as broadly as possible the various public and private archive and research institutions and organizations in the State.

     2.  After the initial terms, the Chair serves for 4 years and each other appointed member serves for 3 years. Members of the Board may be reappointed.

     Sec. 115.  NRS 379.0083 is hereby amended to read as follows:

     379.0083  The State Library and Archives Administrator may adopt regulations establishing fees:

 


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     1.  Of not more than $5 for the issuance and renewal of a certificate. The fee for issuing a duplicate certificate must be the same as for issuing the original. The money received from such fees must be paid into the State General Fund.

     2.  To cover the amount charged by the Federal Bureau of Investigation for processing the fingerprints of an applicant. The money received from such fees must be deposited with the State Treasurer for credit to the appropriate account of the Division of State Library and Archives of the Department of [Cultural Affairs.] Administration.

     Sec. 116.  NRS 380A.031 is hereby amended to read as follows:

     380A.031  1.  The State Council on Libraries and Literacy is hereby created. The Council is advisory to the Division of State Library and Archives of the Department of [Cultural Affairs.] Administration.

     2.  The Council consists of 11 members appointed by the Governor. Unless specifically appointed to a shorter term, the term of office of a member of the Council is 3 years and commences on July 1 of the year of appointment. The terms of office of the members of the Council must be staggered to result in, as nearly as possible, the appointment of three or four members to the Council on July 1 of each year.

     Sec. 117.  NRS 380A.041 is hereby amended to read as follows:

     380A.041  1.  The Governor shall appoint to the Council:

     (a) A representative of public libraries;

     (b) A trustee of a legally established library or library system;

     (c) A representative of school libraries;

     (d) A representative of academic libraries;

     (e) A representative of special libraries or institutional libraries;

     (f) A representative of persons with disabilities;

     (g) A representative of the public who uses these libraries;

     (h) A representative of recognized state labor organizations;

     (i) A representative of private sector employers;

     (j) A representative of private literacy organizations, voluntary literacy organizations or community-based literacy organizations; and

     (k) A classroom teacher who has demonstrated outstanding results in teaching children or adults to read.

     2.  The director of the following state agencies or their designees shall serve as ex officio members of the Council:

     (a) The Department of [Cultural Affairs;] Administration;

     (b) The Department of Education;

     (c) The Department of Employment, Training and Rehabilitation;

     (d) The Department of Health and Human Services;

     (e) The Commission on Economic Development; and

     (f) The Department of Corrections.

     3.  Officers of State Government whose agencies provide funding for literacy services may be designated by the Governor or the Chair of the Council to serve whenever matters within the jurisdiction of the agency are considered by the Council.

     4.  The Governor shall ensure that there is appropriate representation on the Council of urban and rural areas of the State, women, persons with disabilities, and racial and ethnic minorities.

     5.  A person may not serve as a member of the Council for more than two consecutive terms.

 


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     Sec. 118.  NRS 381.001 is hereby amended to read as follows:

     381.001  As used in this chapter, unless the context otherwise requires:

     1.  “Administrator” means the Administrator of the Division.

     2.  “Board” means the Board of Museums and History.

     3.  “Department” means the Department of Tourism and Cultural Affairs.

     4.  “Director” means the Director of the Department.

     5.  “Division” means the Division of Museums and History of the Department.

     6.  “Institution” means an institution of the Division established pursuant to NRS 381.004.

     7.  “Museum director” means the executive director of an institution of the Division appointed by the Administrator pursuant to NRS 381.0062.

     Sec. 119.  NRS 381.002 is hereby amended to read as follows:

     381.002  1.  The Board of Museums and History, consisting of eleven members appointed by the Governor, is hereby created.

     2.  The Governor shall appoint to the Board:

     (a) [Six] Five representatives of the general public who are knowledgeable about museums.

     (b) [Five] Six members representing the fields of history, prehistoric archeology, historical archeology, architectural history, and architecture with qualifications as defined by the Secretary of Interior’s standards for historic preservation in the following fields:

           (1) One member who is qualified in history;

           (2) One member who is qualified in prehistoric archeology;

           (3) One member who is qualified in historic archeology;

           (4) One member who is qualified in architectural history; [and]

           (5) One member who is qualified as an architect [.] ; and

           (6) One additional member who is qualified, as defined by the Secretary of Interior’s standards for historic preservation, in any of the fields of expertise described in subparagraphs (1) to (5), inclusive.

     3.  The Board shall elect a Chair and a Vice Chair from among its members at its first meeting of every even-numbered year. The terms of the Chair and Vice Chair are 2 years or until their successors are elected.

     4.  With respect to the functions of the Office of Historic Preservation, the Board may develop, review and approve policy for:

     (a) Matters relating to the State Historic Preservation Plan;

     (b) Nominations to the National Register of Historic Places and make a determination of eligibility for listing on the Register for each property nominated; and

     (c) Nominations to the State Register of Historic Places and make determination of eligibility for listing on the Register for each property nominated.

     5.  With respect to the functions of the Division, the Board shall develop, review and make policy for investments, budgets, expenditures and general control of the Division’s private and endowed dedicated trust funds pursuant to NRS 381.003 to 381.0037, inclusive.

     6.  In all other matters pertaining to the Office of Historic Preservation and the Division of Museums and History, the Board serves in an advisory capacity.

     7.  The Board may adopt such regulations as it deems necessary to carry out its powers and duties.

 


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     Sec. 120.  NRS 381.003 is hereby amended to read as follows:

     381.003  The Board may establish [shops] stores for the sale of gifts and souvenirs, such as publications, books, postcards, color slides and such other related material as, in the judgment of the Board, is appropriately connected with the operation of the institutions or the purposes of this chapter.

     Sec. 121.  NRS 381.0037 is hereby amended to read as follows:

     381.0037  The Board may establish:

     1.  A petty cash account for the Division and each institution in an amount not to exceed $500 for each account. Reimbursement of the account must be made from appropriated money paid out on claims as other claims against the State are paid.

     2.  A change account for each institution for which a [shop] store for the sale of gifts and souvenirs has been established pursuant to NRS 381.003, in an amount not to exceed $1,500.

     Sec. 122.  NRS 381.005 is hereby amended to read as follows:

     381.005  1.  The Administrator is appointed by the Director. The Director shall consult with the Board before making the appointment.

     2.  To be qualified for appointment, the Administrator must have a degree in history or science and experience in public administration.

     3.  [The] Except as otherwise provided pursuant to subsection 4 of NRS 231.230, the Administrator is in the unclassified service of the State.

     4.  The Administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his or her duties.

     Sec. 123.  NRS 381.0063 is hereby amended to read as follows:

     381.0063  1.  The Administrator shall, in accordance with any directive received from the Director pursuant to NRS 232.005 , [or 378.0089,] authorize or require each museum director to perform such duties set forth in subsections 2 and 3 as are necessary for the operation of the institution administered by the museum director, after giving consideration to:

     (a) The size and complexity of the programs the museum director is required to administer;

     (b) The number of personnel needed to carry out those programs;

     (c) Requirements for accreditation; and

     (d) Such other factors as are relevant to the needs of the institution and the Division.

     2.  The Administrator may authorize or require a museum director to:

     (a) Oversee duties related to the auditing and approval of all bills, claims and accounts of the institution administered by the museum director.

     (b) Receive, collect, exchange, preserve, house, care for, document, interpret, display and exhibit, particularly, but not exclusively, respecting the State of Nevada:

           (1) Samples of the useful and fine arts, sciences and industries, relics, memorabilia, products, works, records, rare and valuable articles and objects, including, without limitation, drawings, etchings, lithographs, photographs, paintings, statuary, sculpture, fabrics, furniture, implements, machines, geological and mineral specimens, precious, semiprecious and commercial minerals, metals, earths, gems and stones.

           (2) Books, papers, records and documents of historic, artistic, literary or industrial value or interest by reason of rarity, representative character or otherwise.

 


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     (c) Collect, gather and prepare the natural history of Nevada and the Great Basin.

     (d) Establish such programs in history, archeology, anthropology, paleontology, mineralogy, ethnology, ornithology and such other [scientific] programs as in the judgment of the Board and Administrator may be proper and necessary to carry out the objects and purposes appropriate to the institution administered by the museum director.

     (e) Receive and collect property from any appropriate agency of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.

     (f) House and preserve, care for and display or exhibit property received by an institution. This paragraph does not prevent the permanent or temporary retention, placement, housing or exhibition of a portion of the property in other places or locations in or outside of the State at the sole discretion of the Board.

     (g) Make and obtain plans and specifications and let and supervise contracts for work or have the work done on force account or day labor, supplying material or labor, or otherwise.

     (h) Receive, accept and obtain by exchange in the name of the State of Nevada all property loaned to the institution administered by the museum director for preservation, care, display or exhibit, or decline and reject the property in his or her discretion, and undertake to be responsible for all property loaned to the institution or make just payment of any reasonable costs or rentals therefor.

     (i) Apply for and expend all gifts and grants that the institution administered by the museum director is authorized to accept in accordance with the terms and conditions of the gift or grant.

     (j) Govern, manage and control the exhibit and display of all property and things of the institution administered by the museum director at other exhibits, expositions, world’s fairs and places of public or private exhibition. Any property of the State of Nevada that may be placed on display or on exhibition at any world’s fair or exposition must be taken into custody by the Administrator at the conclusion of the world’s fair or exposition and placed and kept in the institution, subject to being removed and again exhibited at the discretion of the Administrator or a person designated by the Administrator.

     (k) Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storage, custody, documentation, interpretation, display and exhibit of articles and things controlled by the institutions and respecting the terms and cost, the manner, time, place and extent, and the return thereof.

     (l) Trade, exchange and transfer exhibits and duplicates when the Administrator deems it proper. Such transactions shall not be deemed sales.

     (m) Establish the qualifications for life, honorary, annual, sustaining and such other memberships as are established by the Board pursuant to NRS 381.0045.

     (n) Adopt rules for the internal operations of the institution administered by the museum director, including, without limitation, the operation of equipment of the institution.

 


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     3.  The Administrator shall require a museum director to serve as, or to designate an employee to serve as, ex officio State Paleontologist. The State Paleontologist shall, within the limits of available time, money and staff:

     (a) Systematically inventory the paleontological resources within the State of Nevada;

     (b) Compile a database of fossil resources within this State;

     (c) Coordinate and promote paleontological research activities within this State, including, without limitation, regulating and issuing permits to engage in such activities;

     (d) Disseminate and assist other persons in disseminating information gained from research conducted by the State Paleontologist; and

     (e) Display and promote, and assist other persons in displaying and promoting, the paleontological resources of this State to enhance education, culture and tourism within this State.

     4.  The enumeration of the powers and duties that may be assigned to a museum director pursuant to this section is not exclusive of other general objects and purposes appropriate to a public museum.

     5.  The provisions of this section do not prohibit the Administrator from making such administrative and organizational changes as are necessary for the efficient operation of the Division and its institutions and to ensure that an institution properly carries out the duties and responsibilities assigned to that institution.

     Sec. 124.  NRS 381.197 is hereby amended to read as follows:

     381.197  Except for action taken under an agreement with the Office of Historic Preservation of the State Department of Conservation and Natural Resources pursuant to NRS 383.430, and except as otherwise provided in this section, a person shall not investigate, explore or excavate an historic or prehistoric site on federal or state lands or remove any object therefrom unless the person is the holder of a valid and current permit issued pursuant to the provisions of NRS 381.195 to 381.227, inclusive. Conduct that would otherwise constitute a violation of this section is not a violation of this section if it is also a violation of NRS 383.435.

     Sec. 125.  NRS 381.245 is hereby amended to read as follows:

     381.245  The Nevada Historical Society shall preserve as is deemed appropriate all old and obsolete property and obsolete and noncurrent public records presented to it by the State Library and Archives Administrator from the archives and records of the Division of State Library and Archives of the Department [.] of Administration.

     Sec. 126.  NRS 383.011 is hereby amended to read as follows:

     383.011  As used in this chapter, unless the context otherwise requires:

     1.  “Administrator” means the Administrator of the Office.

     2.  “Advisory Board” means the Board of Museums and History.

     3.  “Cultural resources” means any objects, sites or information of historic, prehistoric, archeological, architectural or paleontological significance.

     4.  “Director” means the Director of the State Department of [Cultural Affairs.] Conservation and Natural Resources.

     5.  “Office” means the Office of Historic Preservation of the State Department of [Cultural Affairs.] Conservation and Natural Resources.

     Sec. 126.5.  NRS 383.021 is hereby amended to read as follows:

     383.021  1.  The Office of Historic Preservation is hereby created.

 


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     2.  The Office shall:

     (a) Encourage, plan and coordinate historic preservation and archeological activities within the State, including programs to survey, record, study and preserve or salvage cultural resources.

     (b) Compile and maintain an inventory of cultural resources in Nevada deemed significant by the Administrator.

     (c) Designate repositories for the materials that comprise the inventory.

     (d) Provide staff assistance to the Commission for Cultural Affairs of the Department of Tourism and Cultural Affairs.

     3.  The Comstock Historic District Commission is within the Office.

     Sec. 127.  NRS 384.050 is hereby amended to read as follows:

     384.050  1.  The Governor shall appoint to the Commission:

     (a) One member who is a county commissioner of Storey County.

     (b) One member who is a county commissioner of Lyon County.

     (c) One member who is the Administrator or an employee of the Office of Historic Preservation of the State Department of [Cultural Affairs.] Conservation and Natural Resources.

     (d) Two members who are persons licensed as general engineering contractors or general building contractors pursuant to chapter 624 of NRS or persons who hold a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

     (e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.

     2.  The Commission shall elect one of its members as Chair and another as Vice Chair, who shall serve for a term of 1 year or until their successors are elected and qualified.

     3.  Each member of the Commission is entitled to receive a salary of not more than $80, as fixed by the Commission, for each day’s attendance at a meeting of the Commission.

     4.  While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

     Sec. 128.  NRS 407.057 is hereby amended to read as follows:

     407.057  1.  The Division shall maintain its headquarters office at Carson City, Nevada.

     2.  The Division may maintain such district or branch offices throughout the State as the Administrator may deem necessary to the efficient operation of the Division and the various sections thereof. The Administrator may, subject to the approval of the Director, enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements must be executed in cooperation with the Buildings and Grounds [Division] Section of the State Public Works Division of the Department of Administration and in accordance with the provisions of NRS 331.110.

     Sec. 129.  NRS 408.210 is hereby amended to read as follows:

     408.210  1.  The Director of the Department of Transportation may restrict the use of, or close, any highway whenever the Director considers the closing or restriction of use necessary:

 


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     (a) For the protection of the public.

     (b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.

     (c) To promote economic development or tourism in the best interest of the State or upon the written request of the Executive Director of the Commission on Economic Development or the Director of the [Commission on] Department of Tourism [.] and Cultural Affairs.

     2.  The Director of the Department of Transportation may:

     (a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of collisions between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.

     (b) Lay out and construct frontage roads on and along any highway or freeway and divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.

     3.  The Director may remove from the highways any unlicensed encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, within 5 days after personal service of notice and demand upon the owner of the encroachment or the owner’s agent. In lieu of personal service upon that person or agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the encroachment described in the notice. Removal by the Department of the encroachment on the failure of the owner to comply with the notice and demand gives the Department a right of action to recover the expense of the removal, cost and expenses of suit, and in addition thereto the sum of $100 for each day the encroachment remains beyond 5 days after the service of the notice and demand.

     4.  If the Director determines that the interests of the Department are not compromised by a proposed or existing encroachment, the Director may issue a license to the owner or the owner’s agent permitting an encroachment on the highway. Such a license is revocable and must provide for relocation or removal of the encroachment in the following manner. Upon notice from the Director to the owner of the encroachment or the owner’s agent, the owner or agent may propose a time within which he or she will relocate or remove the encroachment as required. If the Director and the owner or the owner’s agent agree upon such a time, the Director shall not himself remove the encroachment unless the owner or the owner’s agent has failed to do so within the time agreed. If the Director and the owner or the owner’s agent do not agree upon such a time, the Director may remove the encroachment at any time later than 30 days after the service of the original notice upon the owner or the owner’s agent. Service of notice may be made in the manner provided by subsection 3. Removal of the encroachment by the Director gives the Department the right of action provided by subsection 3, but the penalty must be computed from the expiration of the agreed period or 30-day period, as the case may be.

 


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     Sec. 130.  NRS 412.052 is hereby amended to read as follows:

     412.052  The Adjutant General:

     1.  Shall supervise the preparation and submission of all returns and reports pertaining to the militia of the State required by the United States.

     2.  Is the channel of official military correspondence with the Governor, and, on or before November 1 of each even-numbered year, shall report to the Governor the transactions, expenditures and condition of the Nevada National Guard. The report must include the report of the United States Property and Fiscal Officer.

     3.  Is the custodian of records of officers and enlisted personnel and all other records and papers required by law or regulations to be filed in the office of the Adjutant General. The Adjutant General may deposit with the Division of State Library and Archives of the Department of [Cultural Affairs] Administration for safekeeping records of the office that are used for historical purposes rather than the administrative purposes assigned to the office by law.

     4.  Shall attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.

     5.  Shall record, authenticate and communicate to units and members of the militia all orders, instructions and regulations.

     6.  Shall cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia necessary to the proper administration, operation and training of it or to carry out the provisions of this chapter.

     7.  Shall keep an appropriate seal of office and affix its impression to all certificates of record issued from his or her office.

     8.  Shall render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the Governor.

     Sec. 131.  NRS 463.028 is hereby amended to read as follows:

     463.028  1.  The Commission shall keep its main office at Carson City, Nevada, in conjunction with the Board in rooms provided by the Buildings and Grounds Section of the State Public Works Division of the Department of Administration.

     2.  The Commission may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the Buildings and Grounds Section of the State Public Works Division [.] of the Department of Administration.

     Sec. 132.  NRS 463.100 is hereby amended to read as follows:

     463.100  1.  The Board shall keep its main office at Carson City, Nevada, in conjunction with the Commission in rooms provided by the Buildings and Grounds Section of the State Public Works Division of the Department of Administration.

     2.  The Board may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this State as the Chair of the Board deems necessary for the efficient operation of the Board [. The Chair of the Board may enter into such leases or other agreements as may be necessary to establish a branch office.] in space provided by the Buildings and Grounds Section.

 


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     Sec. 133.  NRS 480.160 is hereby amended to read as follows:

     480.160  1.  The Department shall keep its main office at Carson City, Nevada, in rooms provided by the Buildings and Grounds Section of the State Public Works Division of the Department of Administration.

     2.  The Department may maintain such branch offices throughout the State as the Director deems necessary for the efficient operation of the Department and the various divisions thereof [. The Director may enter into such leases or other agreements as may be necessary to establish such branch offices.] in space provided by the Buildings and Grounds Section.

     Sec. 134.  NRS 481.055 is hereby amended to read as follows:

     481.055  1.  The Department shall keep its main office at Carson City, Nevada, in rooms provided by the Buildings and Grounds Section of the State Public Works Division of the Department of Administration.

     2.  The Department may maintain such branch offices throughout the State as the Director may deem necessary to the efficient operation of the Department and the various divisions thereof [. The Director is authorized, on behalf of the Department, to enter into such leases or other agreements as may be necessary to the establishment of such branch offices.] in space provided by the Buildings and Grounds Section.

     Sec. 135.  NRS 482.367004 is hereby amended to read as follows:

     482.367004  1.  There is hereby created the Commission on Special License Plates consisting of five Legislators and three nonvoting members as follows:

     (a) Five Legislators appointed by the Legislative Commission:

           (1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

           (2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

     (b) Three nonvoting members consisting of:

           (1) The Director of the Department of Motor Vehicles, or a designee of the Director.

           (2) The Director of the Department of Public Safety, or a designee of the Director.

           (3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.

     2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

     3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

     4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

     5.  The Commission shall approve or disapprove:

 


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     (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;

     (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and

     (c) Except as otherwise provided in subsection 6, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.

Ê In determining whether to approve such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. The Commission shall consider each application in the chronological order in which the application was received by the Department.

     6.  The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3785.

     7.  The Commission shall:

     (a) Approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

     (b) If it approves a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.

     Sec. 136.  NRS 482.37903 is hereby amended to read as follows:

     482.37903  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Board of Museums and History of the Department of Tourism and Cultural Affairs, shall design, prepare and issue license plates which commemorate the 100th anniversary of the founding of the City of Las Vegas, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the commemorative license plates unless it receives at least 250 applications for the issuance of those plates.

     2.  If the Department receives at least 250 applications for the issuance of the commemorative license plates, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with the commemorative license plates if that person pays the fees for the personalized prestige license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4.

     3.  The fee for the commemorative license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

     4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of the commemorative license plates must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

 


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initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

     5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees to the City Treasurer of the City of Las Vegas to be used to pay for projects relating to the commemoration of the history of the City of Las Vegas, including, without limitation, historical markers, tours of historic sites and improvements to or restoration of historic buildings or structures.

     6.  If, during a registration year, the holder of the commemorative license plates disposes of the vehicle to which the commemorative license plates are affixed, the holder shall:

     (a) Retain the commemorative license plates and affix them to another vehicle that meets the requirements of this section if the [transfer and registration fees are paid as set forth in this chapter; or] holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

     (b) Within 30 days after removing the commemorative license plates from the vehicle, return them to the Department.

     Sec. 137.  NRS 482.3792 is hereby amended to read as follows:

     482.3792  1.  Except as otherwise provided in this subsection, the Department of Motor Vehicles shall, in cooperation with the Nevada Arts Council [,] of the Department of Tourism and Cultural Affairs, design, prepare and issue license plates for the support of the education of children in the arts, using any colors and designs which the Department of Motor Vehicles deems appropriate. The Department of Motor Vehicles shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

     2.  The Department of Motor Vehicles may issue license plates for the support of the education of children in the arts for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the education of children in the arts if that person pays the fee for the personalized prestige license plates in addition to the fees for the license plates for the support of the education of children in the arts pursuant to subsections 3 and 4.

     3.  The fee for license plates for the support of the education of children in the arts is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

     4.  In addition to all fees for the license, registration and governmental services taxes, a person who requests a set of license plates for the support of the education of children in the arts must pay for the initial issuance of the plates an additional fee of $15 and for each renewal of the plates an additional fee of $10 to finance programs which promote the education of children in the arts.

     5.  The Department of Motor Vehicles shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the Account for License Plates for the Support of the Education of Children in the Arts created pursuant to NRS 233C.094.

 


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     6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder [may retain] shall:

     (a) Retain the plates and [:

     (a) Affix] affix them to another vehicle which meets the requirements of this section if the [transfer and registration fees are paid as set out in this chapter; or] holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

     (b) Within 30 days after removing the plates from the vehicle, return them to the Department [.] of Motor Vehicles.

     Sec. 138.  NRS 561.235 is hereby amended to read as follows:

     561.235  1.  The Department shall maintain a principal office and may maintain district or branch offices throughout the State if they are necessary for the efficient operation of the Department.

     2.  The Director shall select the location of those offices and may enter into such leases or other agreements as may be necessary to establish them. The leases or agreements must be executed in cooperation with the Buildings and Grounds [Division] Section of the State Public Works Division of the Department of Administration and in accordance with the provisions of NRS 331.110.

     Sec. 139.  Chapter 701 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Office of Energy shall establish a program to track the use of energy in buildings owned by the State and in other buildings which are occupied by a state agency.

     2.  The program established pursuant to this section must:

     (a) Record utility bills for each building for each month and preserve those records indefinitely;

     (b) Allow for the comparison of utility bills for a building from month to month and year to year;

     (c) Allow for the comparison of utility bills between buildings, including comparisons between similar buildings or types of buildings;

     (d) Allow for adjustments to the information based upon variations in weather conditions, the length of the billing period and other changes in relevant conditions;

     (e) Facilitate identification of errors in utility bills and meter readings;

     (f) Allow for the projection of costs for energy for a building; and

     (g) Identify energy and cost savings associated with efforts to conserve energy.

     3.  The Office of Energy may apply for any available grants and accept any gifts, grants or donations to assist in establishing and carrying out the program.

     4.  In accordance with, and out of any money received pursuant to, the American Recovery and Reinvestment Act of 2009, Public Law 111-5, the Interim Finance Committee may determine an amount of money to be used by the Office of Energy to fulfill the requirements of subsection 1.

     5.  To the extent that there is not sufficient money available for the support of the program, each state agency that occupies a building in which the use of energy is tracked pursuant to the program shall reimburse the Office of Energy for the agency’s proportionate share of the unfunded portion of the cost of the program. The reimbursement must be based upon the energy consumption of the respective state agencies that occupy buildings in which the use of energy is tracked.

 


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the energy consumption of the respective state agencies that occupy buildings in which the use of energy is tracked.

     Sec. 140.  NRS 231.280, 231.350, 233C.100, 233F.058, 242.041, 331.040, 331.095, 331.103, 331.104, 331.105, 341.015, 341.149, 378.008, 378.0086 and 378.0089 are hereby repealed.

     Sec. 141.  Any balance remaining in the Account for Local Cultural Activities created by NRS 233C.100 that has not been committed for expenditure before October 1, 2011, must be reverted to the State General Fund.

     Sec. 141.5.  (Deleted by amendment.)

     Sec. 142.  There is hereby appropriated from the State General Fund to the Department of Cultural Affairs the sum of $150,806 for the purpose of offsetting lower than projected admission revenue related to reductions from the State General Fund made by section 6 of chapter 10, Statutes of Nevada 2010, 26th Special Session, at page 68. Money appropriated pursuant to this section is in addition to, and must not be used to replace or supplant, any money that was appropriated by section 19 of chapter 388, Statutes of Nevada 2009, at page 2108.

     Sec. 143.  There is hereby appropriated from the State General Fund to the Department of Cultural Affairs the sum of $36,848 for the purpose of the retirements of employees of the Division of Museums and History of the Department. Money appropriated pursuant to this section is in addition to, and must not be used to replace or supplant, any money that was appropriated by section 19 of chapter 388, Statutes of Nevada 2009, at page 2108.

     Sec. 143.5.  Notwithstanding any other provision of law to the contrary, a person who has been appointed to or is otherwise incumbent in one of the following positions as of October 1, 2011, is in the classified service of the State and must remain in the classified service of the State until he or she vacates the relevant position:

     1.  The heads of the units and offices of the Division of Enterprise Information Technology Services of the Department of Administration.

     2.  The Administrator of the Nevada Arts Council of the Department of Tourism and Cultural Affairs.

     3.  The Administrator of the Division of Museums and History of the Department of Tourism and Cultural Affairs.

     4.  The Administrator of the Office of Historic Preservation of the State Department of Conservation and Natural Resources.

     Sec. 144.  1.  Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.

     2.  Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

 


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     3.  Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.

     Sec. 145.  1.  If the name of a fund or account is changed pursuant to the provisions of this act, the State Controller shall change the designation of the name of the fund or account without making any transfer of the money in the fund or account. The assets and liabilities of a such a fund or account are unaffected by the change of the name.

     2.  The assets and liabilities of any fund or account transferred from the Department of Cultural Affairs to the Department of Tourism and Cultural Affairs are unaffected by the transfer.

     Sec. 146.  The amendatory provisions of this act do not affect the current term of appointment of any person who, on October 1, 2011, is a member of the Commission on Tourism, the Board of the Nevada Arts Council of the Department of Cultural Affairs, the Commission for Cultural Affairs of the Department of Cultural Affairs, the Board of Museums and History of the Department of Cultural Affairs or the Division of Museums and History of the Department of Cultural Affairs.

     Sec. 147.  The Legislative Counsel shall:

     1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change or remove, as applicable, any references to an officer, agency or other entity:

     (a) Whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

     (b) Whose responsibilities are eliminated pursuant to the provisions of this act.

     2.  In preparing supplements to the Nevada Administrative Code, appropriately change or remove, as applicable, any references to an officer, agency or other entity:

     (a) Whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

     (b) Whose responsibilities are eliminated pursuant to the provisions of this act.

     Sec. 148.  1.  This section and sections 142 and 143 of this act become effective upon passage and approval.

     2.  Sections 1 to 141, inclusive, and 143.5 to 147, inclusive, of this act become effective:

     (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of those sections, including, without limitation, recruitment, selecting appointees, making appointments, and moving offices and equipment; and

     (b) On October 1, 2011, for all other purposes.

________

 


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ê2011 Statutes of Nevada, Page 2991ê

 

CHAPTER 480, SB 251

Senate Bill No. 251–Senator Kieckhefer

 

Joint Sponsors: Assemblymen Smith, Brooks and Hansen

 

CHAPTER 480

 

[Approved: June 16, 2011]

 

AN ACT relating to governmental administration; prohibiting the appointment of a person to a board, commission or similar body if the person is serving on another board, commission or similar body; creating the Sunset Subcommittee of the Legislative Commission; providing for its membership; requiring the Sunset Subcommittee to review certain boards and commissions in this State to determine the need for the termination, consolidation, modification or continuation of those boards and commissions; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law sets forth various requirements for serving on boards, commissions and similar bodies, including residency requirements, the procedure for filling vacancies and the qualifications and length of terms for members. (NRS 232A.020) Section 1 of this bill prohibits the Governor from appointing a person to a board, commission or similar body if the person is a member of another board, commission or similar body.

       Existing law establishes the Legislative Commission and provides for its powers and duties, which consist of, in part, investigating and inquiring into subjects upon which the Legislature may act by the enactment or amendment of statutes, governmental problems, important issues of public policy or questions of statewide interest. (NRS 218E.150, 218E.175) Existing law also provides for certain standing subcommittees of the Legislative Commission to carry out ongoing duties, such as the Audit Subcommittee and the Budget Subcommittee. (NRS 218E.240, 218E.255) Finally, existing law requires the Legislative Commission to conduct reviews of existing agencies to determine whether each agency should be terminated, consolidated with another agency or continued. (NRS 232B.010-232B.100)

       Section 8 of this bill creates the Sunset Subcommittee of the Legislative Commission and sets forth its membership. Section 9 of this bill specifies the Sunset Subcommittee’s primary duties, which are: (1) to conduct reviews of all boards and commissions in this State which are not provided for in the Nevada Constitution or established by an executive order of the Governor and determine whether each board or commission should be terminated, modified, consolidated with another agency or continued; (2) to make recommendations for improving the boards or commissions which are to be modified, consolidated or continued; and (3) to determine whether any tax exemptions, abatements or money set aside for a board or commission should be terminated, modified or continued. Section 9 also requires the Sunset Subcommittee to assess each board or commission reviewed for the cost of conducting the review.

       Section 10 of this bill requires each board and commission to submit certain information about itself and how it operates to the Sunset Subcommittee and authorizes the Sunset Subcommittee to direct the Legislative Counsel Bureau to assist the Sunset Subcommittee in investigating, reviewing and analyzing the information submitted. Section 11 of this bill requires the Sunset Subcommittee to hold public hearings to receive commentary on whether a board or commission should be terminated, modified, consolidated or continued.

 


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terminated, modified, consolidated or continued. Section 12 of this bill requires the Sunset Subcommittee to make recommendations for direct legislative action to carry out its recommendations regarding the termination, modification, consolidation or continuation of a board or commission.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 232A.020 is hereby amended to read as follows:

     232A.020  1.  Except as otherwise provided in this section, a person appointed to a new term or to fill a vacancy on a board, commission or similar body by the Governor must have, in accordance with the provisions of NRS 281.050, actually, as opposed to constructively, resided, for the 6 months immediately preceding the date of the appointment:

     (a) In this State; and

     (b) If current residency in a particular county, district, ward, subdistrict or any other unit is prescribed by the provisions of law that govern the position, also in that county, district, ward, subdistrict or other unit.

     2.  After the Governor’s initial appointments of members to boards, commissions or similar bodies, all such members shall hold office for terms of 3 years or until their successors have been appointed and have qualified.

     3.  A vacancy on a board, commission or similar body occurs when a member dies, resigns, becomes ineligible to hold office or is absent from the State for a period of 6 consecutive months.

     4.  Any vacancy must be filled by the Governor for the remainder of the unexpired term.

     5.  A member appointed to a board, commission or similar body as a representative of the general public must be a person who:

     (a) Has an interest in and a knowledge of the subject matter which is regulated by the board, commission or similar body; and

     (b) Does not have a pecuniary interest in any matter which is within the jurisdiction of the board, commission or similar body.

     6.  The Governor shall not appoint a person to a board, commission or similar body if the person is a member of any other board, commission or similar body.

     7.  The provisions of subsection 1 do not apply if:

     (a) A requirement of law concerning another characteristic or status that a member must possess, including, without limitation, membership in another organization, would make it impossible to fulfill the provisions of subsection 1; or

     (b) The membership of the particular board, commission or similar body includes residents of another state and the provisions of subsection 1 would conflict with a requirement that applies to all members of that body.

     Sec. 1.5.  Chapter 232B of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 12, inclusive, of this act.

     Secs. 2-7.  (Deleted by amendment.)

     Sec. 8.  1.  The Sunset Subcommittee of the Legislative Commission, consisting of nine members, is hereby created. The membership of the Sunset Subcommittee consists of:

 


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ê2011 Statutes of Nevada, Page 2993 (Chapter 480, SB 251)ê

 

     (a) Three members of the Legislature appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party;

     (b) Three members of the Legislature appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party; and

     (c) Three members of the general public appointed by the Chair of the Legislative Commission from among the names of nominees submitted by the Governor pursuant to subsection 2.

     2.  The Governor shall, at least 30 days before the beginning of the term of any member appointed pursuant to paragraph (c) of subsection 1, or within 30 days after such a position on the Sunset Subcommittee becomes vacant, submit to the Legislative Commission the names of at least three persons qualified for membership on the Sunset Subcommittee. The Chair of the Legislative Commission shall appoint a new member or fill the vacancy from the list, or request a new list. The Chair of the Legislative Commission may appoint any qualified person who is a resident of this State to a position described in paragraph (c) of subsection 1.

     3.  Each member of the Sunset Subcommittee serves at the pleasure of the appointing authority.

     4.  The members of the Sunset Subcommittee shall elect a Chair from one House of the Legislature and a Vice Chair from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

     5.  The membership of any member of the Sunset Subcommittee who is a Legislator and who is not a candidate for reelection or who is defeated for reelection terminates on the day next after the general election.

     6.  A vacancy on the Sunset Subcommittee must be filled in the same manner as the original appointment.

     7.  The Sunset Subcommittee shall meet at the times and places specified by a call of the Chair. Five members of the Sunset Subcommittee constitute a quorum, and a quorum may exercise any power or authority conferred on the Sunset Subcommittee.

     8.  For each day or portion of a day during which a member of the Sunset Subcommittee who is a Legislator attends a meeting of the Sunset Subcommittee or is otherwise engaged in the business of the Sunset Subcommittee, except during a regular or special session of the Legislature, the Legislator is entitled to receive the:

     (a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;

     (b) Per diem allowance provided for state officers generally; and

     (c) Travel expenses provided pursuant to NRS 218A.655.

Ê The compensation, per diem allowances and travel expenses of the members of the Sunset Subcommittee who are Legislators must be paid from the Legislative Fund.

     9.  While engaged in the business of the Sunset Subcommittee, the members of the Subcommittee who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

 


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     Sec. 9.  1.  The Sunset Subcommittee of the Legislative Commission shall conduct a review of each board and commission in this State which is not provided for in the Nevada Constitution or established by an executive order of the Governor to determine whether the board or commission should be terminated, modified, consolidated with another board or commission or continued. Such a review must include, without limitation:

     (a) An evaluation of the major policies and programs of the board or commission, including, without limitation, an examination of other programs or services offered in this State to determine if any other provided programs or services duplicate those offered by the board or commission;

     (b) Any recommendations for improvements in the policies and programs offered by the board or commission; and

     (c) A determination of whether any statutory tax exemptions, abatements or money set aside to be provided to the board or commission should be terminated, modified or continued.

     2.  The Sunset Subcommittee shall review:

     (a) Not less than 20 boards and commissions specified in subsection 1 each year; and

     (b) Each of those boards and commissions not less than once every 10 years.

     3.  For each review of a board or commission that the Sunset Subcommittee conducts, the Sunset Subcommittee shall submit a written assessment to the board or commission setting forth the costs of the review. In determining the amount of an assessment pursuant to this subsection, the Sunset Subcommittee shall consider, based upon the information provided by the board or commission pursuant to section 10 of this act, whether any additional analysis or evaluation is required to review the board or commission because of the specialized nature of the board or commission. As soon as practicable after a board or commission receives a written assessment pursuant to this subsection, the board or commission shall pay the amount set forth in the written assessment to the Sunset Subcommittee.

     4.  Any action taken by the Sunset Subcommittee concerning a board or commission pursuant to sections 8 to 12, inclusive, of this act is in addition or supplemental to any action taken by the Legislative Commission pursuant to NRS 232B.010 to 232B.100, inclusive.

     Sec. 10.  1.  Each board and commission subject to review by the Sunset Subcommittee of the Legislative Commission shall submit information to the Sunset Subcommittee on a form prescribed by the Sunset Subcommittee. The information must include, without limitation:

     (a) The name of the board or commission;

     (b) The name of each member of the board or commission;

     (c) The address of the Internet website established and maintained by the board or commission, if any;

     (d) The name and contact information of the executive director of the board or commission, if any;

     (e) A list of the members of the staff of the board or commission;

     (f) The authority by which the board or commission was created;

 


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     (g) The governing structure of the board or commission, including, without limitation, information concerning the method, terms, qualifications and conditions of appointment and removal of the members of the board or commission;

     (h) The duties of the board or commission;

     (i) The operating budget of the board or commission;

     (j) A statement setting forth the income and expenses of the board or commission for at least 3 years immediately preceding the date on which the board or commission submits the form required by this subsection, including the balances of any fund or account maintained by or on behalf of the board or commission;

     (k) The most recent audit conducted of the board or commission, if any;

     (l) The dates of the immediately preceding six meetings held by the board or commission;

     (m) A statement of the objectives and programs of the board or commission;

     (n) A conclusion concerning the effectiveness of the objectives and programs of the board or commission;

     (o) Any recommendations for statutory changes which are necessary for the board or commission to carry out its objectives and programs; and

     (p) Such other information as the Sunset Subcommittee may require.

     2.  The Sunset Subcommittee may direct the Legislative Counsel Bureau to assist in its research, investigations, review and analysis of the information submitted by each board and commission pursuant to subsection 1.

     Sec. 11.  1.  The Sunset Subcommittee of the Legislative Commission shall conduct public hearings for the purpose of obtaining comments on, and may require the Legislative Counsel Bureau to submit reports on, the need for the termination, modification, consolidation or continued operation of a board or commission.

     2.  The Sunset Subcommittee shall consider any report submitted to it by the Legislative Counsel Bureau.

     3.  A board or commission has the burden of proving that there is a public need for its continued existence.

     Sec. 12.  1.  If the Sunset Subcommittee of the Legislative Commission determines to recommend the termination of a board or commission, its recommendation must include suggestions for appropriate direct legislative action, if any, which is made necessary or desirable by the termination of the board or commission.

     2.  If the Sunset Subcommittee determines to recommend the consolidation, modification or continuation of a board or commission, its recommendation must include suggestions for appropriate direct legislative action, if any, which would make the operation of the board or commission or its successor more efficient or effective.

     3.  On or before June 30, 2012, the Sunset Subcommittee shall make all its initial recommendations pursuant to this section, if any. The Sunset Subcommittee shall make all subsequent recommendations pursuant to this section, if any, on or before June 30 of each even-numbered year occurring thereafter.

 


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ê2011 Statutes of Nevada, Page 2996 (Chapter 480, SB 251)ê

 

     Sec. 13.  NRS 232B.010 is hereby amended to read as follows:

     232B.010  As used in [this chapter,] NRS 232B.010 to 232B.100, inclusive, unless the context otherwise requires, “agency” means any public agency which the Legislature has designated to be the subject of a review by the Legislative Commission.

     Sec. 14.  NRS 232B.080 is hereby amended to read as follows:

     232B.080  1.  The Legislative Commission shall conduct public hearings for the purpose of obtaining comments on, and may require the Legislative Counsel Bureau to submit reports on, the need for the continued operation of an agency, and its efficiency and effectiveness.

     2.  At any hearing held [under this chapter,] pursuant to NRS 232B.010 to 232B.100, inclusive, information may be presented by:

     (a) Members of the general public;

     (b) Any person who is regulated by the agency; and

     (c) Representatives of the agency.

     3.  The Legislative Commission shall consider any report submitted to it by the Legislative Counsel Bureau.

     4.  An agency has the burden of proving that there is a public need for its continued existence or regulatory function.

     Sec. 15.  1.  On or before August 1, 2011, the Governor shall submit to the Legislative Commission the names of at least three nominees who are qualified for membership on the Sunset Subcommittee of the Legislative Commission pursuant to subsection 2 of section 8 of this act.

     2.  On or before September 1, 2011:

     (a) The Majority Leader of the Senate shall appoint three members of the Sunset Subcommittee pursuant to paragraph (a) of subsection 1 of section 8 of this act.

     (b) The Speaker of the Assembly shall appoint three members of the Sunset Subcommittee pursuant to paragraph (b) of subsection 1 of section 8 of this act.

     (c) The Chair of the Legislative Commission shall appoint three members of the general public from among the names of the nominees submitted by the Governor pursuant to subsection 1.

     Sec. 15.5.  1.  If on the effective date of this act any person is currently serving as a member of more than one board, commission or similar body pursuant to an appointment by the Governor, the person shall, on or before December 31, 2011, resign from all but one such board, commission or similar body.

     2.  A vacancy created by such a resignation must be filled in the manner prescribed by the relevant statute or by NRS 232A.020, if no relevant statute applies, to fill a vacancy on the board, commission or similar body.

     Sec. 16.  1.  This section and section 15.5 of this act become effective upon passage and approval.

     2.  Sections 1, 1.5 and 8 to 15, inclusive, of this act become effective on July 1, 2011.

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