[Rev. 8/25/2020 1:22:20 PM]
κ2020 Statutes of Nevada, 31st Special Session, Page 1κ
LAWS OF THE STATE
OF NEVADA
Passed at the
THIRTY-FIRST SPECIAL SESSION OF THE LEGISLATURE
2020
________
Senate Bill No. 4Committee of the Whole
CHAPTER 1
[Approved: July 17, 2020]
AN ACT relating to state securities; authorizing the State Board of Finance to issue interim debentures for a temporary period to fund the general operations of the State under certain circumstances; temporarily revising provisions governing payments made from the Consolidated Bond Interest and Redemption Fund; temporarily revising provisions governing the fixing of interest rates for certain state securities; temporarily revising provisions governing the issuance of interim debentures; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Treasurer to make payments for the redemption of outstanding bonds, the interest thereon and any bank service charges from the Consolidated Bond Interest and Redemption Fund. (NRS 349.110) Section 2 of this bill temporarily removes the term bank service charges and, instead, requires the State Treasurer to make payments for bond administrative expenses, including expenses incurred to administer an interim debenture line of credit, notes or bonds, from the Consolidated Bond Interest and Redemption Fund.
Existing law provides that an act or resolution authorizing the issuance of state securities or any trust indenture or other instrument appertaining thereto may fix a rate or rates of interest or provide for the determination of the rate or rates from time to time by a designated agent. (NRS 349.227) Until June 30, 2021, section 3 of this bill authorizes an act or resolution to include such terms if the act or resolution is for the issuance of securities bearing interest at a variable rate of interest or securities with a term of 270 days or less issued as commercial paper under a program for the issuance of commercial paper to be used for certain purposes. Section 3 also temporarily requires such an act or resolution to specify parameters for the interest rate if it is to be fixed by an agent.
Existing law authorizes certain entities, before the sale of bonds, to delegate to the State Treasurer the authority to sign a contract for the purchase of the bonds or to accept a binding bid for the bonds, subject to certain requirements. (NRS 349.303) Until June 30, 2021, section 4 of this bill authorizes such authority to also be delegated to the agent who is designated to fix interest rates.
Existing law authorizes the State to issue general obligation interim debentures and special obligation interim debentures to evidence certain amounts borrowed by the State. (NRS 349.318) Until June 30, 2021, section 5 of this bill authorizes such interim debentures to be in the form of a note, bond or line of credit agreement, the proceeds of which are used for the general operations of the State or to pay the costs of a project.
κ2020 Statutes of Nevada, 31st Special Session, Page 2 (CHAPTER 1, SB 4)κ
proceeds of which are used for the general operations of the State or to pay the costs of a project. Section 5 also temporarily authorizes interim debentures and bond administrative expenses to be secured by the pledge of, security interest in and first lien on certain money and revenues. Until June 30, 2021, section 1 of this bill: (1) requires the State Treasurer to submit a certification to the State Board of Finance if the State Treasurer determines that the cash balance in the State General Fund has fallen below 25 percent of its lowest average monthly balance for the immediately preceding 36 months or that the cash balance in the State General Fund is insufficient to meet expected future obligations anticipated to be paid within the immediately succeeding 120 days; and (2) requires the State Board of Finance to determine the existence of either of those circumstances and, if so, authorizes the State Board of Finance to issue general obligation interim debentures and special obligation interim debentures for the purpose of paying for the general operations of the State, provided that the aggregate principal amount of any such interim debentures outstanding at one time cannot exceed $150,000,000.
Existing law requires an interim debenture to mature within 5 years and requires the proceeds of interim debentures to be used to defray the cost of a project. (NRS 349.322) Until June 30, 2021, section 6 of this bill requires an interim debenture in the form of a line of credit to mature within 3 years from the first date on which a draw is made under the line of credit.
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. Chapter 349 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If at any time the State Treasurer determines that the cash balance in the State General Fund has fallen below 25 percent of its lowest average monthly balance for the immediately preceding 36 months or that the cash balance in the State General Fund is insufficient to meet expected future obligations anticipated to be paid within the immediately succeeding 120 calendar days, the State Treasurer shall submit a certification of that fact to the State Board of Finance. On the date on which the State Treasurer submits the certification to the State Board of Finance, the State Treasurer shall transmit notice of the certification to the Director of the Legislative Counsel Bureau for transmittal to the Legislature if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session.
2. If the State Board of Finance determines that the cash balance in the State General Fund has fallen below 25 percent of its lowest average monthly balance for the immediately preceding 36 months or that the cash balance in the State General Fund is insufficient to meet expected future obligations anticipated to be paid within the immediately succeeding 120 days, the State Board of Finance may issue general obligation interim debentures payable from taxes or special obligation interim debentures, which may be in the form of a line of credit, note or bond as provided by NRS 349.318, for the purpose of paying for the general operations of the State, at any time or from time to time, in a face amount of not more than $150,000,000. The aggregate principal amount of such interim debentures outstanding at one time may not exceed $150,000,000.
3. In making its determination pursuant to subsection 2, the State Board of Finance is entitled to rely on the certification submitted by the State Treasurer pursuant to subsection 1.
κ2020 Statutes of Nevada, 31st Special Session, Page 3 (CHAPTER 1, SB 4)κ
State Treasurer pursuant to subsection 1. Any determination made by the State Board of Finance pursuant to subsection 2 is conclusive.
4. Proceeds from the sale of interim debentures issued pursuant to this section must be deposited in the State General Fund. The interest and income earned on the proceeds of the interim debentures, including any line of credit, note or bond, after deducting any applicable charges and bond administrative expenses, must be credited to the State General Fund and used for the general operations of the State.
5. The provisions of NRS 349.150 to 349.364, inclusive, which are not inconsistent with the provisions of this section apply to the issuance of interim debentures under this section.
6. Securities may be issued under this section without regard to the procedure required by any other such law except as otherwise provided in this section or in NRS 349.150 to 349.364, inclusive. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general or special, the provisions of this section are controlling.
7. This section being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
8. As used in this section, bond administrative expense has the meaning ascribed to it in NRS 349.110.
Sec. 2. NRS 349.110 is hereby amended to read as follows:
349.110 1. After March 28, 1939, so long as there shall be any outstanding bonds in the name of the State of Nevada, the State Treasurer shall make payment for redemption of such bonds, the interest thereon and any [bank service charges] bond administrative expenses from the Consolidated Bond Interest and Redemption Fund.
2. As used in this section, bond administrative expense means any expense incurred by the State Treasurer, the State Board of Finance, bond trustees, paying agents, arbitrage compliance agents or any other person or entity to administer an interim debenture line of credit, notes or bonds in the name of the State of Nevada, or as otherwise necessary to ensure compliance with state or federal law.
Sec. 3. NRS 349.227 is hereby amended to read as follows:
349.227 1. [The] In the case of securities bearing interest at a variable rate of interest, or in the case of securities with a term of 270 days or less issued as commercial paper under a program for the issuance of commercial paper to fund the costs of a project, to be deposited into the State General Fund and used for the general operations of the State or to refinance any previously issued commercial paper or other securities, the act or resolution authorizing the issuance of any state securities or any trust indenture or other instrument appertaining thereto may fix a rate or rates of interest or provide for the determination of the rate or rates from time to time by a designated agent according to the procedure specified in that resolution or other instrument. The rate so determined must approximate the rates then being paid for other securities which contain similar provisions and have an equivalent rating. The Commission may contract with or select any person to act as an agent to make that determination [.] and shall specify parameters for the interest rate if it is fixed by such an agent.
2. The Commission may enter into an agreement with a third party for an assurance of payment of the principal of, the interest on, or premiums, if any, due in connection with any state securities issued by the Commission. The obligation of the Commission to reimburse that third party for any advances made pursuant to that agreement may be provided in that agreement, recited in those securities or evidenced by another instrument as designated in the act or resolution authorizing the issuance of those securities or any other instrument appertaining thereto.
κ2020 Statutes of Nevada, 31st Special Session, Page 4 (CHAPTER 1, SB 4)κ
advances made pursuant to that agreement may be provided in that agreement, recited in those securities or evidenced by another instrument as designated in the act or resolution authorizing the issuance of those securities or any other instrument appertaining thereto. The Commission may assign its rights under that agreement.
Sec. 4. NRS 349.303 is hereby amended to read as follows:
349.303 1. The Commission may, before any sale of bonds, delegate to the Treasurer or his or her designee , or an agent in the case of securities described in subsection 1 of NRS 349.227, the authority to sign a contract for the purchase of the bonds or to accept a binding bid for the bonds subject to the requirements specified by the Commission concerning:
(a) The rate of interest on the bonds;
(b) The dates on which and the prices at which the bonds may be called for redemption before maturity;
(c) The price at which the bonds will be sold; and
(d) The principal amount of the bonds and the amount of principal maturing in any particular year.
2. All terms of the bonds other than:
(a) The rate of interest;
(b) The dates and prices for the redemption of the bonds;
(c) The price for the sale of the bonds;
(d) The principal amount of the bonds; and
(e) The requirements for the principal maturing in particular years,
Κ must be approved by the Commission before the bonds are delivered.
3. The final rate of interest, dates and prices of redemption, price for the sale of the bonds, principal amount and the requirements for the principal amount maturing in particular years are not required to be approved by the Commission if each of those terms complies with the requirements specified by the Commission before the contract for the purchase of the bonds is signed or the bid for the bonds is accepted.
Sec. 5. NRS 349.318 is hereby amended to read as follows:
349.318 1. Notwithstanding any limitation or other provision herein, whenever the State is authorized to issue general obligation bonds, regardless of whether majorities of the qualified electors of the State voting on a proposal to issue the general obligation bonds have authorized their issuance by the State for any project, the State is authorized to borrow money without any other election in anticipation of the proceeds of taxes, the proceeds of the bonds, the proceeds of pledged revenues, or any other moneys of the State, or any combination thereof, and to issue general obligation interim debentures to evidence the amount so borrowed.
2. The State also is authorized to borrow money without any election in anticipation of the proceeds of revenue bonds or any other special obligations of the State and of its pledged revenues, or any combination thereof, but excluding the proceeds of any taxes, and to issue special obligation interim debentures to evidence the amount so borrowed.
3. General obligation interim debentures and special obligation interim debentures may be in the form of a note, bond or line of credit agreement with a bank or other lender under which moneys are deposited into the State General Fund, either at one time or from time to time, and used for the general operations of the State or to pay the costs of a project.
4. Any general obligation interim debentures or special obligation interim debentures issued pursuant to this section and any bond administrative expenses may be additionally secured by pledged revenue for the benefit of the owners of the interim debentures and the obligees under any agreement described in subsection 3, by the pledge of, security interest in and first lien on all or a portion of the following, if applicable:
κ2020 Statutes of Nevada, 31st Special Session, Page 5 (CHAPTER 1, SB 4)κ
administrative expenses may be additionally secured by pledged revenue for the benefit of the owners of the interim debentures and the obligees under any agreement described in subsection 3, by the pledge of, security interest in and first lien on all or a portion of the following, if applicable:
(a) Unrestricted revenues, including tax revenues, payable to the State General Fund to be used for the general operations of the State; or
(b) Money related to the interim debentures held on deposit in any other fund or account under any instrument or agreement pertaining to the interim debentures, including, without limitation, reserves therefor and income on such money.
5. As used in this section, bond administrative expense means any expense incurred by the State Treasurer, the State Board of Finance, bond trustees, paying agents, arbitrage compliance agents or any other person or entity to administer an interim debenture line of credit, notes or bonds in the name of the State of Nevada, or as otherwise necessary to ensure compliance with state or federal law.
Sec. 6. NRS 349.322 is hereby amended to read as follows:
349.322 1. Any interim debentures may mature at such time or times not exceeding a period of time equal to the estimated time needed to effect the purpose or purposes for which they are issued or for which the bonds are authorized to be issued, but not exceeding 5 years from the date of the interim debentures, or in the case of interim debentures in the form of a line of credit agreement, not exceeding 3 years from the first date on which a draw is made under the line of credit agreement, as the Commission may determine.
2. The proceeds of interim debentures shall be used to defray the cost of a project [.] or for the purposes set forth in NRS 349.318.
3. Any notes or warrants or both notes and warrants may be funded with the proceeds of interim debentures, as well as bonds authorized by the Commission authorizing the issuance of the funded securities.
4. Except as otherwise provided in NRS 349.318 to 349.328, inclusive, interim debentures shall be issued as provided herein for state securities in NRS 349.230 to 349.316, and 349.352 to 349.364, inclusive.
Sec. 7. Notwithstanding the provisions of NRS 218D.430, a committee may vote on this act before the expiration of the period for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after July 8, 2020.
Sec. 8. The State Board of Finance shall not approve the issuance of any interim debentures pursuant to section 1 of this act after June 30, 2021.
Sec. 9. This act becomes effective upon passage and approval and expires by limitation on June 30, 2021.
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κ2020 Statutes of Nevada, 31st Special Session, Page 6κ
Senate Bill No. 2Committee of the Whole
CHAPTER 2
[Approved: July 17, 2020]
AN ACT relating to education; temporarily authorizing the Board of Regents of the University of Nevada to waive or modify certain requirements for eligibility to receive a Governor Guinn Millennium Scholarship in response to a state of emergency or declaration of disaster; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a student may receive a Governor Guinn Millennium Scholarship if the student meets certain eligibility requirements, including, without limitation, enrolling in a certain number of credit hours in eligible institutions. (NRS 396.930) Existing law also provides that a student who receives a Millennium Scholarship must maintain a certain grade point average for each semester that the student receives the Millennium Scholarship. (NRS 396.934)
Section 1 of this bill authorizes the Board of Regents of the University of Nevada to temporarily waive or modify certain eligibility requirements to receive a Millennium Scholarship in response to a state of emergency or declaration of disaster proclaimed by the Governor or the Legislature. Section 1 also: (1) authorizes the Board of Regents to adopt any procedures necessary to implement a waiver or modification to the eligibility requirements; (2) authorizes a waiver or modification to remain in place for as long as the Board of Regents deems necessary to mitigate the impact of an emergency or disaster on students; and (3) requires the Board of Regents to submit a report on such a waiver or modification to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature or the Legislative Committee on Education, as appropriate, within 45 days after such a waiver or modification becomes effective and to designate a person to appear before the appropriate legislative committees as soon as practicable. Sections 2-4 of this bill make conforming changes. Section 5 of this bill applies the provisions of this bill retroactively to a waiver or modification to the eligibility requirements to receive a Millennium Scholarship for the spring semester of 2020 made in response to the Declaration of Emergency issued by Governor Sisolak on March 12, 2020, due to the COVID-19 pandemic.
Section 5.5 of this bill repeals the provisions of section 1 on July 1, 2021, which has the effect of limiting the authority of the Board of Regents to temporarily waive or modify certain eligibility requirements to receive a Millennium Scholarship to waivers or modifications granted on or before that date.
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. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board of Regents may, in response to a state of emergency or declaration of disaster proclaimed by the Governor or the Legislature pursuant to NRS 414.070, temporarily waive or modify the requirements to be eligible for a Millennium Scholarship set forth in paragraph (f) of subsection 1 of NRS 396.930 and NRS 396.934. Such a waiver or modification may waive or modify, without limitation, the minimum grade point average for one or more semesters of enrollment, the minimum number of credits in which a student must be enrolled or any other requirement deemed appropriate by the Board of Regents.
κ2020 Statutes of Nevada, 31st Special Session, Page 7 (CHAPTER 2, SB 2)κ
point average for one or more semesters of enrollment, the minimum number of credits in which a student must be enrolled or any other requirement deemed appropriate by the Board of Regents.
2. The Board of Regents may adopt any procedures necessary to implement a temporary waiver or modification made pursuant to subsection 1 to the requirements to be eligible for a Millennium Scholarship.
3. A temporary waiver or modification made pursuant to subsection 1 may remain in effect for as long as the Board of Regents, in its discretion, determines is necessary to address the impact of the state of emergency or declaration of disaster on students who receive or are otherwise eligible to receive a Millennium Scholarship.
4. The Board of Regents shall:
(a) Within 45 days after a temporary waiver or modification made pursuant to subsection 1 becomes effective, submit a report on such a temporary waiver or modification and the impact of the waiver or modification on students to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Committee on Education; and
(b) Select a person to appear on behalf of the Board of Regents before the appropriate committees of the Legislature or, if the Legislature is not in session, the Legislative Committee on Education, at the next practicable opportunity after a temporary waiver or modification made pursuant to subsection 1 becomes effective.
Sec. 2. NRS 396.914 is hereby amended to read as follows:
396.914 As used in NRS 396.911 to 396.945, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 396.916 to 396.922, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 396.930 is hereby amended to read as follows:
396.930 1. Except as otherwise provided in subsections 2 and 4, a student may apply to the Board of Regents for a Millennium Scholarship if the student:
(a) Except as otherwise provided in paragraph (e) of subsection 2, has been a resident of this State for at least 2 years before the student applies for the Millennium Scholarship;
(b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this State:
(1) After May 1, 2000, but not later than May 1, 2003; or
(2) After May 1, 2003, and, except as otherwise provided in paragraphs (c), (d) and (f) of subsection 2, not more than 6 years before the student applies for the Millennium Scholarship;
(c) Does not satisfy the requirements of paragraph (b) and:
(1) Was enrolled as a pupil in a public or private high school in this State with a class of pupils who were regularly scheduled to graduate after May 1, 2000;
(2) Received his or her high school diploma within 4 years after he or she was regularly scheduled to graduate; and
(3) Applies for the Millennium Scholarship not more than 6 years after he or she was regularly scheduled to graduate from high school;
κ2020 Statutes of Nevada, 31st Special Session, Page 8 (CHAPTER 2, SB 2)κ
(d) Except as otherwise provided in paragraph (e), maintained in high school in the courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2, at least:
(1) A 3.00 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2003 or 2004;
(2) A 3.10 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2005 or 2006; or
(3) A 3.25 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2007 or a later graduating class;
(e) Does not satisfy the requirements of paragraph (d) and received at least the minimum score established by the Board of Regents on a college entrance examination approved by the Board of Regents that was administered to the student while the student was enrolled as a pupil in a public or private high school in this State; and
(f) [Is] Except as otherwise provided in section 1 of this act, is enrolled in at least:
(1) Nine semester credit hours in a community college within the System;
(2) Twelve semester credit hours in another eligible institution; or
(3) A total of 12 or more semester credit hours in eligible institutions if the student is enrolled in more than one eligible institution.
2. The Board of Regents:
(a) Shall define the core curriculum that a student must complete in high school to be eligible for a Millennium Scholarship.
(b) Shall designate the courses in which a student must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.
(c) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.
(d) Shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:
(1) The 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3) of paragraph (c) of subsection 1 and any limitation applicable to students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.
(2) The minimum number of credits prescribed in paragraph (f) of subsection 1.
(e) Shall establish criteria with respect to students who have a parent or legal guardian on active duty in the Armed Forces of the United States to exempt such students from the residency requirement set forth in paragraph (a) of subsection 1 or subsection 4.
(f) Shall establish criteria with respect to students who have been actively serving or participating in a charitable, religious or public service assignment or mission to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1. Such criteria must provide for the award of Millennium Scholarships to those students who qualify for the exemption and who otherwise meet the eligibility criteria to the extent that money is available to award Millennium Scholarships to the students after all other obligations for the award of Millennium Scholarships for the current school year have been satisfied.
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otherwise meet the eligibility criteria to the extent that money is available to award Millennium Scholarships to the students after all other obligations for the award of Millennium Scholarships for the current school year have been satisfied.
3. If the Board of Regents requires a student to successfully complete courses in mathematics or science to be eligible for a Millennium Scholarship, a student who has successfully completed one or more courses in computer science described in NRS 389.0186 must be allowed to apply not more than one unit of credit received for the completion of such courses toward that requirement.
4. Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this State and who, except as otherwise provided in paragraph (e) of subsection 2, have been residents of this State for at least 2 years, the Board of Regents shall establish:
(a) The minimum score on a standardized test that such students must receive; or
(b) Other criteria that students must meet,
Κ to be eligible for Millennium Scholarships.
5. In awarding Millennium Scholarships, the Board of Regents shall enhance its outreach to students who:
(a) Are pursuing a career in education or health care;
(b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or
(c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.
6. The Board of Regents shall establish a procedure by which an applicant for a Millennium Scholarship is required to execute an affidavit declaring the applicants eligibility for a Millennium Scholarship pursuant to the requirements of this section. The affidavit must include a declaration that the applicant is a citizen of the United States or has lawful immigration status, or that the applicant has filed an application to legalize the applicants immigration status or will file an application to legalize his or her immigration status as soon as he or she is eligible to do so.
Sec. 4. NRS 396.934 is hereby amended to read as follows:
396.934 1. Except as otherwise provided in this section, within the limits of money available in the Trust Fund, a student who is eligible for a Millennium Scholarship is entitled to receive:
(a) If he or she is enrolled in a community college within the System, including, without limitation, a summer academic term, $40 per credit for each lower division course and $60 per credit for each upper division course in which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less. The Board of Regents shall provide for the designation of upper and lower division courses for the purposes of this paragraph.
(b) If he or she is enrolled in a state college within the System, including, without limitation, a summer academic term, $60 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the state college that are not otherwise satisfied by other grants or scholarships, whichever is less.
κ2020 Statutes of Nevada, 31st Special Session, Page 10 (CHAPTER 2, SB 2)κ
(c) If he or she is enrolled in another eligible institution, including, without limitation, a summer academic term, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less.
(d) If he or she is enrolled in more than one eligible institution, including, without limitation, a summer academic term, the amount authorized pursuant to paragraph (a), (b) or (c), or a combination thereof, in accordance with procedures and guidelines established by the Board of Regents.
Κ In no event may a student who is eligible for a Millennium Scholarship receive more than the cost of 15 semester credits per semester pursuant to this subsection.
2. No student may be awarded a Millennium Scholarship:
(a) To pay for remedial courses.
(b) For a total amount in excess of $10,000.
3. [A] Except as otherwise provided in section 1 of this act, a student who receives a Millennium Scholarship shall:
(a) Make satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8; and
(b) Maintain at least a 2.75 grade point average on a 4.0 grading scale for each semester of enrollment in the Governor Guinn Millennium Scholarship Program.
4. A student who receives a Millennium Scholarship is encouraged to volunteer at least 20 hours of community service for this State, a political subdivision of this State or a charitable organization that provides service to a community or the residents of a community in this State during each year in which the student receives a Millennium Scholarship.
5. If a student does not satisfy the requirements of subsection 3 during one semester of enrollment, excluding a summer academic term, he or she is not eligible for the Millennium Scholarship for the succeeding semester of enrollment. If such a student:
(a) Subsequently satisfies the requirements of subsection 3 in a semester in which he or she is not eligible for the Millennium Scholarship, the student is eligible for the Millennium Scholarship for the students next semester of enrollment.
(b) Fails a second time to satisfy the requirements of subsection 3 during any subsequent semester, excluding a summer academic term, the student is no longer eligible for a Millennium Scholarship.
6. A Millennium Scholarship must be used only:
(a) For the payment of registration fees and laboratory fees and expenses;
(b) To purchase required textbooks and course materials; and
(c) For other costs related to the attendance of the student at the eligible institution.
7. The Board of Regents shall certify a list of eligible students to the State Treasurer. The State Treasurer shall disburse a Millennium Scholarship for each semester on behalf of an eligible student directly to the eligible institution in which the student is enrolled, upon certification from the eligible institution of the number of credits for which the student is enrolled, which must meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8.
κ2020 Statutes of Nevada, 31st Special Session, Page 11 (CHAPTER 2, SB 2)κ
satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8. The Millennium Scholarship must be administered by the eligible institution as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to subsection 6. If a student is enrolled in more than one eligible institution, the Millennium Scholarship must be administered by the eligible institution at which the student is enrolled in a program of study leading to a recognized degree or certificate.
8. The Board of Regents shall establish:
(a) Criteria for determining whether a student is making satisfactory academic progress toward a recognized degree or certificate for purposes of subsection 7.
(b) Procedures to ensure that all money from a Millennium Scholarship awarded to a student that is refunded in whole or in part for any reason is refunded to the Trust Fund and not the student.
(c) Procedures and guidelines for the administration of a Millennium Scholarship for students who are enrolled in more than one eligible institution.
Sec. 5. The provisions of section 1 of this act apply retroactively to authorize the Board of Regents of the University of Nevada to make any temporary waiver or modification to the requirements to be eligible for a Governor Guinn Millennium Scholarship during the spring semester or summer academic term of 2020 that the Board of Regents determines to be necessary to mitigate the impact on students of the Declaration of Emergency issued by the Honorable Steve Sisolak, Governor of the State of Nevada, on March 12, 2020.
Sec. 5.5. Section 1 of this act is hereby repealed.
Sec. 6. 1. This section and sections 1 to 5, inclusive, of this act become effective upon passage and approval.
2. The amendatory provisions of sections 2, 3 and 4 of this act expire by limitation on July 1, 2021.
3. Section 5.5 of this act becomes effective on July 1, 2021.
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Senate Bill No. 1Committee of the Whole
CHAPTER 3
[Approved: July 17, 2020]
AN ACT relating to projects of capital improvement; revising the funding for certain projects; and providing other matters properly relating thereto.
Legislative Counsels Digest:
During the 2017 and 2019 Legislative Sessions, the Legislature authorized the State Board of Finance to issue general obligation bonds of the State of Nevada for certain projects of capital improvement. (Section 6 of chapter 606, Statutes of Nevada 2017, at p. 4440; section 6 of chapter 542, Statutes of Nevada 2019, at p. 3309) Sections 1 and 2 of this bill revise the amount of the proceeds of these general obligation bonds that are allocated to certain projects of capital improvement. Section 3 of this bill provides for the reversion to the State General Fund of certain amounts appropriated by the Legislature for certain projects of capital improvement.
κ2020 Statutes of Nevada, 31st Special Session, Page 12 (CHAPTER 3, SB 1)κ
Sections 4 and 5 of this bill require the Department of Administration, upon the approval of the Chief of the Budget Division of the Office of Finance, to ensure that appropriate adjustments are made to the capital improvement projects revised pursuant to sections 1 and 2 of this bill to ensure the occurrence of certain reversions of appropriations made from the State General Fund for projects of capital improvement approved during the 2017 and 2019 Legislative Sessions.
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. Section 6 of chapter 606, Statutes of Nevada 2017, at page 4440, is hereby amended to read as follows:
Sec. 6. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $117,912,005 for the capital improvements summarized in this section. The amount is allocated to projects numbered and identified in the Executive Budget for the 2017-2019 biennium or otherwise described as follows:
Description Project No. Amount REVISED
1. Capital Improvements for the Department of Administration:
Roof Replacement and Roof Seismic Stabilization, Old Gym, Stewart Campus 17-C09....................................... $1,255,207
Kinkead Building Demolition 17-C14 $1,696,128
Central Plant Renovation, Sawyer Building 17-M09 $1,758,950
Upgrade Electrical Distribution and Circuitry, Attorney Generals Complex, Carson City........................................... 17-M14 $799,329
Upgrade Electric Power Transformers, Switches and Sub-metering, Stewart Campus 17-M23.................................. $570,197
Ventilation and Temperature Control System Upgrades, Stewart Campus Buildings 6 and 107..................................... 17-M34 $237,602
Replace Domestic and Fire Water Main, Stewart Campus 17-M36 $2,925,215
Central Plant Renovation - Phase II, Supreme Court Building 17-M40 [$1,866,240].................................... $1,566,407
κ2020 Statutes of Nevada, 31st Special Session, Page 13 (CHAPTER 3, SB 1)κ
Description Project No. Amount REVISED
Complete Phone and Data Network - Phase II, Stewart Campus 17-M45 $536,630
Roofing Replacement and Roof Seismic Stabilization, Heroes Memorial Building Annex, Carson City...................... 17-M68 [$577,668] $340,494
Exterior Renovation, Nevada State Capitol and Annex Building 17-M70 [$1,875,964]....................................... $468,249
Statewide Roofing Program... 17-S01 [$8,589,942] $8,205,045
Statewide Roofing Program, Washoe County Armory and Office of the Adjutant General, Carson City...................... 17-S01g $684,404
Statewide ADA Program........ 17-S02 $2,374,275
Statewide Fire and Life Safety Program 17-S03 $569,558
2. Capital Improvements for the Department of Conservation and Natural Resources:
HVAC System Renovation, Sierra Front Interagency Dispatch Center, Minden 17-M37.......................................... $370,206
HVAC System Renovation, Elko Interagency Dispatch Center 17-M54 $948,277
3. Capital Improvements for the Nevada Department of Corrections:
Northern Nevada Correctional Center ADA Retrofit 17-C01 [$6,040,047].................................... $5,641,407
Building Systems and Finishes Renovation, Southern Desert Correctional Center, Housing Unit 8.................. 17-C12 [$6,213,488] $5,802,190
Upgrade of Building Door Controls-Phase II, High Desert State Prison 17-M02....................................... $5,752,965
Water Supply Nitrate Treatment, Humboldt Conservation Camp 17-M04 $1,244,457
Replace Transformers, Florence McClure Womens Correctional Center 17-M05.......................................... $248,407
κ2020 Statutes of Nevada, 31st Special Session, Page 14 (CHAPTER 3, SB 1)κ
Description Project No. Amount REVISED
Heating Water and Electrical Distribution System Replacement, Northern Nevada Correctional Center......... 17-M10 $9,867,890
Upgrade Intercom, Door Controls and Security Camera Systems, Florence McClure Womens Correctional Center 17-M15 [$3,468,136] $2,957,196
Surge Protection, Southern Desert Correctional Center 17-M17 [$524,909] $152,069
Upgrade Wastewater Treatment Facilities, Wells Conservation Camp 17-M18.......................................... $524,736
Replace Locks, Control Panels, Distress Buttons and Wing Gates, Northern Nevada Correctional Center......... 17-M22 $3,032,675
Install Water Storage Tank, Ely Conservation Camp 17-M25 $1,198,044
Heat Exchanger Replacement, Ely State Prison 17-M28 $2,638,781
Install Water Storage Tank and Connect Well 6, Southern Desert Correctional Center 17-M29............................... $3,788,465
Replace Air Handling Units at Building 3, Lovelock Correctional Center 17-M30....................................... $2,324,318
Domestic Water Pump House Replacement, Wells Conservation Camp 17-M33.......................................... $329,499
Boiler Plant Upgrades, Wells Conservation Camp 17-M38 $544,843
HVAC System Renovation, Regional Medical Facility, Northern Nevada Correctional Center................................ 17-M46 [$2,052,587] $1,627,965
κ2020 Statutes of Nevada, 31st Special Session, Page 15 (CHAPTER 3, SB 1)κ
Description Project No. Amount REVISED
Plumbing Fixture and Water Control Renovations, Housing Units 1 through 5 at Northern Nevada Correctional Center 17-M48 $2,000,539
Upgrade Site Water Pressure Control, Southern Desert Correctional Center 17-M58.......................................... $273,462
Remodel Showers and Restrooms, 5 Housing Units at Stewart Conservation Camp 17-M62............................... $3,007,651
Plumbing Fixture Water Control Renovations, Housing Units 1 through 4 at Southern Desert Correctional Center 17-M66 [$1,628,990] $201,166
4. Capital Improvements for the Department of Health and Human Services:
Protective Barriers at Nursing Stations, Rawson Neal Hospital 17-C07 [$852,156]....................................... $455,717
Emergency Generator and Transfer Switch Replacement, Building 3 Stein Hospital 17-M07.................................. $697,769
Replace Emergency Generator, Desert Regional Center 17-M08 $708,051
Emergency Generator Upgrade, Northern Nevada Child and Adolescent Services 17-M11.......................................... $375,263
Access Control System, Dini-Townsend Hospital 17-M16 $646,741
Communications System Upgrade, Caliente Youth Center 17-M20 $2,143,624
Security System Installation, Desert Regional Center 17-M21 $1,990,824
Temperature Controls Replacement, Southern Nevada Adult Mental Health Services 17-M26.................................. $332,687
κ2020 Statutes of Nevada, 31st Special Session, Page 16 (CHAPTER 3, SB 1)κ
Description Project No. Amount REVISED
HVAC Systems Renovation, Nevada Youth Training Center, Gym Building 17-M27....................................... $1,161,808
HVAC Replacement Classroom, Dining and Gymnasium Buildings, Caliente Youth Center................................ 17-M31 $820,779
Doors, Locks and Mechanisms Replacement, Summit View Youth Correctional Center 17-M32.................................. $437,844
Boiler Replacement, Desert Willow Treatment Center 17-M35 $305,907
Chiller Replacement, Building 7 at Southern Nevada Child and Adolescent Services Campus............................. 17-M41 $263,165
Chiller Replacement, Northern Nevada Adult Mental Health Services, Building 8 17-M42.......................................... $304,885
Communications System Upgrade, Nevada Youth Training Center 17-M44 $324,297
HVAC Replacement, Buildings 11, 13 and 14 at Southern Nevada Child and Adolescent Services Campus............. 17-M47 [$214,098] $107,534
Air Handling Unit Replacement and Direct Digital Control System Upgrade, Northern Nevada Adult Mental Health Services, Administration Building 1 17-M49....................................... $1,278,326
Air Handling Unit Replacement, Lakes Crossing 17-M52 $1,012,204
Upgrade Access Door Controls, Rawson Neal Psychiatric Hospital 17-M53 $1,551,253
5. Capital Improvements for the Office of the Military:
National Guard Readiness Center 17-C05 $220,768
κ2020 Statutes of Nevada, 31st Special Session, Page 17 (CHAPTER 3, SB 1)κ
Description Project No. Amount REVISED
Power Service Upgrade, Stead Army Aviation Support Facility 17-M12 $32,381
Power Service Upgrade, United States Property and Fiscal Office, Carson City 17-M13............................................ $23,256
Power Service Upgrade, Plumb Lane Armory 17-M43 $57,367
Central Plant Renovation and Building Remodel, Carlin Readiness Center 17-M57.......................................... $479,926
Remodel Restrooms and Showers, Stead Army Aviation Support Facility 17-M64............................................ $41,236
6. Capital Improvements for the Nevada System of Higher Education:
Furniture, Fixtures and Equipment for the University of Nevada, Las Vegas Hotel College Building.............................. 17-C02 $1,400,000
Deferred Maintenance, Nevada System of Higher Education 17-M01 [$3,838,271].................................... $4,052,542
Advance Planning Health Sciences Building, College of Southern Nevada 17-P07.................................... [$3,390,987] $2,626,286
Advance Planning UNLV College of Engineering, Academic and Research Building........................................... 17-P09 $0 $72,920
7. Capital Improvements for the Department of Tourism and Cultural Affairs:
Cultural and Welcome Centers, Stewart Campus 17-C08 $4,319,969
Boiler Plant Renovation, Nevada State Museum in Carson City 17-M59 $239,003
Refurbish Compact Shelving, Nevada Historical Society Building 17-M67 $148,960
Remodel Loading Dock, Nevada State Museum, Las Vegas 17-M74 $216,778
κ2020 Statutes of Nevada, 31st Special Session, Page 18 (CHAPTER 3, SB 1)κ
Description Project No. Amount REVISED
8. Capital Improvements for the Department of Veterans Services:
Northern Nevada State Veterans Home 17-C13 $2,984,796
Secondary Water Treatment Installation, Southern Nevada Veterans Home 17-M03.......................................... $211,542
Air Handler Renovation, Southern Nevada Veterans Home 17-M51 $293,175
9. Capital Improvements for the Department of Wildlife:
Water System Improvements, Mason Valley Wildlife Management Area Headquarters........................................... 17-M75 $251,228
Sec. 2. Section 6 of chapter 542, Statutes of Nevada 2019, at page 3309, is hereby amended to read as follows:
Sec. 6. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $186,000,000 for capital improvements summarized in this section and use proceeds of general obligation bonds of the State of Nevada previously issued in the amount of [$3,469,121] $10,325,417 which are reallocated for capital improvements summarized in this section. The capital improvements summarized in this section are to be paid with proceeds of general obligation bonds of the State of Nevada in an amount not to exceed [$189,469,121;] $196,325,417; provided that $41,610 of the proceeds of general obligation bonds of the State of Nevada issued pursuant to section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, shall be reallocated to the capital improvements summarized in this section and spent before the expenditure of the proceeds of any general obligation bonds of the State of Nevada issued pursuant to this section; $457,912 of the proceeds of general obligation bonds of the State of Nevada issued pursuant to section 7 of chapter 445, Statutes of Nevada 2013, at page 2573, shall be reallocated to the capital improvements summarized in this section and spent before the expenditure of the proceeds of any general obligation bonds of the State of Nevada issued pursuant to this section; $2,969,599 of the proceeds of general obligation bonds of the State of Nevada issued pursuant to section 6 of chapter 549, Statutes of Nevada 2015, at page 3936, shall be reallocated to the capital improvements summarized in this section and spent before the expenditure of the proceeds of any general obligation bonds of the State of Nevada issued pursuant to this section [.] ; $6,856,296 of the proceeds of general obligation bonds of the State of Nevada issued pursuant to section 6 of chapter 606, Statutes of Nevada 2017, at page 4440, shall be reallocated to the capital improvements summarized in this section and spent before the expenditure of the proceeds of any general obligation bonds of the State of Nevada issued pursuant to this section.
κ2020 Statutes of Nevada, 31st Special Session, Page 19 (CHAPTER 3, SB 1)κ
issued pursuant to this section. The amounts are allocated to projects numbered and identified in the Executive Budget for the 2019-2021 biennium or otherwise described as follows:
Description Project No. Amount REVISED
1. Capital Improvements for the Department of Administration:
Marlette Lake Dam Rehabilitation, Marlette Lake Water System 19-C08 $3,599,359
Emergency Generator and Service Entrance Upgrade, Reno Purchasing Warehouse 19-M07.................................. $980,301
Central Plant Renovation, State Library and Archives 19-M17 $2,085,239
Generator, Controls Replacement and Pump System Modifications, Marlette Lake Water System.............................. 19-M21 $905,574
Central Plant Renovation, Paul Laxalt State Office Building 19-M29 $1,579,086
Central Plant Renovation, Attorney Generals Office Building 19-M30 [$1,486,657]....................................... $261,478
Elevator Renovation and Modernization, Blasdel Building 19-M47 $0 $246,827
Electrical Coordination Studies, Various Buildings Statewide 19-M51 $627,897
HVAC System Renovation, Capitol Building 19-M59 $0 $2,103,283
Advance Planning: Grant Sawyer Office Building Renovation 19-P01 $0 $1,245,812
Statewide ADA Program..... 19-S02 $0 $2,586,291
Statewide Fire and Life Safety Program 19-S03 $0 $1,630,029
Statewide Paving Program. 19-S05 $0 $498,415
Construct Parking Addition, Washoe County Armory 19-S05g1 $0 $299,833
Statewide Roofing Program... 19-S01 [$9,975,568] $7,625,458
κ2020 Statutes of Nevada, 31st Special Session, Page 20 (CHAPTER 3, SB 1)κ
Description Project No. Amount REVISED
2. Capital Improvements for the State Department of Agriculture:
Replace Freezer, Purchasing Warehouse 19-M01 $2,022,199
3. Capital Improvements for the State Department of Conservation and Natural Resources:
Visitors Center Renovations, Valley of Fire State Park 19-M36 [$762,029] $48,000
Replace Comfort Stations, Valley of Fire State Park 19-M50 [$636,017] $7,001
Park Facilities Maintenance and ADA Upgrades, Fort Churchill State Park 19-M53........................................... $0 $208,129
Advance Planning: Heavy Equipment Shop and Renovation, Elko 19-P08 $0.......................................... $63,815
4. Capital Improvements for the Department of Corrections:
Electrical Outlet and Cable Upgrades, High Desert State Prison 19-M02 $1,653,626
Boiler Replacement, Ely State Prison 19-M09 $6,705,522
Underground Piping and Boiler Replacement, Lovelock Correctional Center 19-M10........................................... $0 $7,572,665
Replace Domestic and Heating Hot Water Piping, Ely State Prison, Housing Unit 1 19-M11............................... $2,090,872
Central Plant Renovations, Phase 2, Northern Nevada Correctional Center 19-M12....................................... $7,649,669
HVAC Replacement, Ely State Prison, Building 9 19-M15 $1,750,456
Replace Surveillance System, Casa Grande Transitional Housing 19-M24 $0.......................................... $59,114
HVAC System Renovations, Northern Nevada Correctional Center Operations, Administration Buildings, and Housing Unit 6 19-M28 $1,768,350
κ2020 Statutes of Nevada, 31st Special Session, Page 21 (CHAPTER 3, SB 1)κ
Description Project No. Amount REVISED
Replace Door Locks and Controls Phase 1, Ely State Prison 19-M35 $0 $3,992,144
Replace Cooling Towers, Southern Desert Correctional Center Central Plant Building.......................... 19-M43 $0 $3,816,509
Install Recreation Yard Fencing, Southern Desert Correctional Center and High Desert State Prison.................... 19-M48 $0 $12,525
5. Capital Improvements for the Department of Health and Human Services:
Lobby Remodel, Desert Regional Center Building 1391 19-C10 $0 $237,174
Upgrade Door Controls, Summit View Youth Center 19-M16 $0 $1,623,285
Replace Flooring, Caliente Youth Center, Multi-Purpose Building 19-M20 [$1,605,161].......................................... $79,496
Replace Chiller, Caliente Youth Center, Administration Building 19-M22 $464,966
Install Panic Alarm System, Dini-Townsend Hospital 19-M25 $0 $780
Install Sanitary Sewer Macerator, Caliente Youth Center 19-M42 $0 $444,954
Electrical Upgrade, Caliente Youth Center 19-M49 $0 $885,028
Replace Main Electrical Switchgear, Southern Nevada Adult Mental Health Services - Building 3...................... 19-M52 $0 $372,840
6. Capital Improvements for the Office of the Military:
National Guard Speedway Readiness Center Completion 19-C02 [$3,393,905].................................... $1,193,146
Emergency Generator Installation, Washoe County Armory 19-M26 $801,864
HVAC Systems Renovation, Washoe County Armory 19-M31 $1,153,397
κ2020 Statutes of Nevada, 31st Special Session, Page 22 (CHAPTER 3, SB 1)κ
Description Project No. Amount REVISED
HVAC Systems Renovation, Office of the Adjutant General 19-M32 $929,375
Replace Overhead Coiling Doors, Seals and Operators, Various Locations 19-M34.......................................... $356,159
Replace Rooftop Unit and Lighting Upgrade, Plumb Lane Armory 19-M44 $0....................................... $123,358
Replace Heat Pump Water Piping Distribution, Carlin Readiness Center 19-M58....................................... $1,170,152
7. Capital Improvements for the Nevada System of Higher Education:
Construct Education Academic Building, Nevada State College 19-C19 [$55,852,093].................................. $49,387,768
Construct Health and Sciences Building, College of Southern Nevada 19-C28.................................. [$70,763,741] $56,940,081
Deferred Maintenance, Nevada System of Higher Education 19-M08 $0 $8,897,721
Planning, Great Basin College Welding Lab Expansion 19-P70 $0 $73,858
Planning, Great Basin College Welding Lab Expansion 19-P71 $0 $27,824
8. Capital Improvements for the Department of Public Safety:
Renovation of Department of Public Safety Training Division Building 19-M18....................................... $1,169,686
9. Capital Improvements for the Department of Tourism and Cultural Affairs:
Renovation of Collections Storage Building 19, Stewart Campus 19-C16 [$947,750].......................................... $62,722
Storage Facility Addition, Indian Hills Curatorial Center 19-C17 $1,273,013
Replace Sanitary Sewer and Upgrade Restrooms, Lost City Museum 19-M33.......................................... $408,484
κ2020 Statutes of Nevada, 31st Special Session, Page 23 (CHAPTER 3, SB 1)κ
Description Project No. Amount REVISED
Replace Lighting Control System, Nevada State Museum, Las Vegas 19-M45.......................................... $212,811
10. Capital Improvements for the Department of Veterans Services:
Cemetery Expansion, Southern Nevada Veterans Memorial Cemetery 19-C03 $0....................................... $157,028
Columbarium Expansion, Northern Nevada Veterans Memorial Cemetery 19-C04.................................................... $0 $171,211
Replace Domestic Hot Water Storage Tank, Southern Nevada Veterans Home 19-M04........................................... $0 $59,412
Replace Culinary Refrigeration Units, Southern Nevada Veterans Home 19-M06 $0....................................... $350,764
Pavilion Renovation, Northern Nevada Veterans Memorial Cemetery 19-M27 $0............................................ $4,127
[10.] 11. Capital Improvements for the Department of Wildlife:
Construct Water Wells and Water Systems, Various Fish Hatchery Sites 19-M14.................................... [$2,473,141] $468,800
HVAC Systems Renovation, Wildlife Management Area Sites 19-M38 $0 $170,708
HVAC System Renovation, Various Fish Hatchery Sites 19-M39 $0 $591,973
Construct Water Wells and Water Systems, Wildlife Management Area Sites 19-M40....................................... [$215,002] $365,974
Sec. 3. 1. Notwithstanding any other provision of law to the contrary, upon approval of the Chief of the Budget Division of the Office of Finance created by NRS 223.400, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, revisions in the following work programs must be processed and carried out, as soon as practicable, without further legislative approval:
(a) For the work program for Budget Account 409-1510, State Public Works Division NSHE CIP PROJECTS, by transferring $29,184,912 to Category 93, Reserve for Reversion, within that Account.
κ2020 Statutes of Nevada, 31st Special Session, Page 24 (CHAPTER 3, SB 1)κ
(b) For the work program for Budget Account 410-1535, State Public Works Division HHS CIP PROJECTS, by transferring $4,373,546 to Category 93, Reserve for Reversion, within that Account.
(c) For the work program for Budget Account 410-1558, State Public Works Division SPWB GENERAL CIP PROJECTS, by transferring $9,097,502 to Category 93, Reserve for Reversion, within that Account.
(d) For the work program for Budget Account 410-1585, State Public Works Division DEPT OF ADMIN CIPS-STATEWIDES, by transferring $6,728,732 to Category 93, Reserve for Reversion, within that Account.
(e) For the work program for Budget Account 410-1590, State Public Works Division DEPT OF ADMIN CIPS, by transferring $2,350,110 to Category 93, Reserve for Reversion, within that Account.
(f) For the work program for Budget Account 410-1591, State Public Works Division CNR & AGRIC MAINT/CIP PROJECTS, by transferring $2,178,712 to Category 93, Reserve for Reversion, within that Account.
(g) For the work program for Budget Account 466-1550, State Public Works Division DEPT OF CORRECTIONS CIPS, by transferring $17,670,589 to Category 93, Reserve for Reversion, within that Account.
(h) For the work program for Budget Account 468-1567, State Public Works Division VETERANS CIP PROJECTS, by transferring $891,656 to Category 93, Reserve for Reversion, within that Account.
(i) For the work program for Budget Account 468-1577, State Public Works Division MILITARY CIP PROJECTS, by transferring $123,358 to Category 93, Reserve for Reversion, within that Account.
2. Notwithstanding any other provision of law to the contrary, all money transferred to Category 93, Reserve for Reversion, in each budget account pursuant to subsection 1 must, as soon as practicable, be transferred to Budget Account 101-9015, Budget Reserve, and must be reverted to the State General Fund at the close of Fiscal Year 2020-2021, not later than September 17, 2021.
Sec. 4. Notwithstanding any other provision of law to the contrary, upon approval of the Chief of the Budget Division of the Office of Finance created by NRS 223.400, the Department of Administration shall ensure that the adjustments identified pursuant to sections 1 and 2 of this act are made to the capital improvement projects identified in those sections before the closing of Fiscal Year 2019-2020 to ensure any expenditures for the projects incurred in Fiscal Year 2019-2020 otherwise paid for with appropriations from the State General Fund on or after December 10, 2019, be reflected as paid for in Fiscal Year 2019-2020 with proceeds from general obligation bonds as authorized in sections 1 and 2 of this act. Any unexpended funding must be balanced forward to Fiscal Year 2020-2021, and made available to facilitate the work program transfers identified in section 3 of this act.
Sec. 5. The amendatory provisions of sections 1 and 2 of this act apply retroactively to December 10, 2019, for expenses incurred on or after December 10, 2019, for projects listed in those sections.
Sec. 6. This act becomes effective upon passage and approval.
________
κ2020 Statutes of Nevada, 31st Special Session, Page 25κ
Senate Bill No. 3Committee of the Whole
CHAPTER 4
[Approved: July 20, 2020]
AN ACT relating to governmental financial administration; temporarily accelerating the collection of a portion of the tax upon the net proceeds of minerals; temporarily requiring persons who extract minerals to pay a portion of the tax on the net proceeds of the estimated royalties that will be paid for certain years; temporarily altering the allocation of a portion of the proceeds of the basic governmental services tax; requiring the Department of Taxation to allow for the payment of delinquent taxes, fees or assessments without a penalty for a limited period in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the taxation of the net proceeds of minerals based upon the actual net proceeds from the preceding calendar year. (NRS 362.100-362.240) Existing law requires the person extracting any mineral in this State to file a statement which shows the estimated gross yield and estimated net proceeds from each operation for the current calendar year and an estimate of all royalties that will be paid during the current calendar year. (NRS 362.115) Sections 2 and 3 of this bill temporarily require advance payment of the portion of the tax that is distributed to the State General Fund, based upon the estimated net proceeds and royalties for the current calendar year. Section 12 of this bill provides that the collection of the tax on net proceeds of minerals reverts back to the former method of collection on actual net proceeds beginning for calendar year 2024. However, because a portion of the tax on the net proceeds of minerals imposed for calendar year 2023 will be paid in advance during fiscal year 2023, section 8 of this bill enacts transitory provisions governing the duties of the Department of Taxation for fiscal year 2024.
Existing law imposes a basic tax for governmental services for the privilege of operating any vehicle upon the public highways of this State, which is collected by the Department of Motor Vehicles. (NRS 371.030, 482.260) Existing law sets forth depreciation schedules for determining the valuation of a vehicle that is used to calculate the amount of governmental services taxes due each year for used vehicles. (NRS 371.060) Senate Bill No. 429 of the 2009 Legislative Session (S.B. 429) increased the amount of governmental services taxes due annually for used vehicles by reducing the amount of depreciation allowed and increasing the minimum tax. Existing law allocates the revenue from this portion of the governmental services tax, with 25 percent of the proceeds allocated to the State General Fund and 75 percent of the proceeds allocated to the State Highway Fund. (NRS 482.182) Sections 5.5 and 6 of this bill temporarily require the Department to direct that the entire amount of these proceeds be transferred to the State General Fund. Sections 9 and 12 of this bill limit this change to governmental services taxes collected for a registration period beginning on or after July 1, 2020, and ending on or before June 30, 2021.
Section 10 of this bill requires the Department of Taxation to establish an amnesty program pursuant to which a person who is delinquent in the payment of a tax, fee or assessment may pay the amount due without any penalty or interest in certain circumstances.
κ2020 Statutes of Nevada, 31st Special Session, Page 26 (CHAPTER 4, SB 3)κ
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. (Deleted by amendment.)
Sec. 2. NRS 362.115 is hereby amended to read as follows:
362.115 1. In addition to the statement required by subsection 1 of NRS 362.110, each person extracting any mineral in this State [shall,] :
(a) Shall, on or before March 1 of each year, file with the Department a statement showing the estimated gross yield and estimated net proceeds from each such operation for the entire current calendar year and an estimate of all royalties that will be paid during the current calendar year [.] and shall pay a portion of the tax upon the net proceeds and upon the royalties so estimated in an amount equal to the estimated net proceeds and royalties multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada. The estimated payment may be reduced by the amount of any credit to which the taxpayer is entitled pursuant to NRS 362.130. The amount of the tax paid upon royalties must be deducted from the payment of the royalties.
(b) May file with the Department a quarterly report stating an estimate for the year and the actual quarterly amounts of production, gross yield and net proceeds as of March 31, June 30, September 30 and December 31, and pay any additional amount due. The additional estimated tax liability must be calculated by determining the difference between the revised estimates of net proceeds based on the recent production figures as indicated by the quarterly reports and the original estimate supplied pursuant to paragraph (a). If the person chooses to submit such reports, the reports must be submitted on a form prescribed by the Department not later than the last day of the month following the end of the calendar quarter and payment must be made within 30 days after filing any quarterly report that indicates an additional estimated tax liability.
2. The Department shall:
(a) Use the statement filed pursuant to subsection 1 [only] to prepare estimates for use by local governments in the preparation of their budgets; and
(b) Submit those estimates to the local governments on or before March 15 of each year.
Sec. 3. NRS 362.130 is hereby amended to read as follows:
362.130 1. When the Department determines from the annual statement filed pursuant to NRS 362.110 the net proceeds of any minerals extracted, it shall prepare its certificate of the amount of the net proceeds , the amount of the estimated tax paid in the prior calendar year pursuant to paragraph (a) of subsection 1 of NRS 362.115 and any additional payments made pursuant to paragraph (b) of subsection 1 of that section, and the balance of the tax due , and send a copy of the certificate to the owner of the mine, operator of the mine or recipient of the royalty, as the case may be.
2. The certificate must be prepared and mailed not later than:
κ2020 Statutes of Nevada, 31st Special Session, Page 27 (CHAPTER 4, SB 3)κ
(a) April 20 immediately following the month of February during which the annual statement was filed; or
(b) April 30 immediately thereafter if an amended statement is filed in a timely manner.
3. The tax due as indicated in the certificate and any penalty must be paid on or before May 10 of the year in which the certificate is received.
4. If the amount paid pursuant to paragraph (a) of subsection 1 of NRS 362.115 in the prior calendar year is less than 90 percent of the amount certified pursuant to this section as the net proceeds of any minerals extracted and royalties paid during the prior calendar year multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada, the amount due must include a penalty of 10 percent of the amount by which that portion of the tax was underpaid unless:
(a) The amount paid pursuant to paragraph (a) of subsection 1 of NRS 362.115 in the prior calendar year is equal to or greater than the liability of the operation for the preceding calendar year for the portion of the tax that is equal to the net proceeds of any minerals extracted and royalties paid during that calendar year multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada; or
(b) The person files quarterly reports pursuant to paragraph (b) of subsection 1 of NRS 362.115 in a timely manner for that year and the total of all payments exceeds 90 percent of the amount certified as the net proceeds of any minerals extracted and royalties paid during the prior calendar year multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada.
5. If an overpayment was made [,] on the payment of the portion of the tax upon the net proceeds and royalties equal to the net proceeds and the royalties multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada, the overpayment must be credited toward the payment due on [May 10] March 1 of the next calendar year. If an overpayment was made on the portion of the tax upon the net proceeds and royalties equal to the net proceeds and the royalties multiplied by the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada, the overpayment must be credited toward the payment due on May 10 of the next calendar year. If the certificate shows a net loss for the year covered by the certificate or an amount of tax due for that year which is less than an overpayment made for the preceding year, the amount or remaining amount of the overpayment must, after being credited against any amount then due from the taxpayer in accordance with NRS 360.236, be refunded to the taxpayer within 30 days after the certification was sent to the taxpayer.
Secs. 4 and 5. (Deleted by amendment.)
κ2020 Statutes of Nevada, 31st Special Session, Page 28 (CHAPTER 4, SB 3)κ
Sec. 5.5. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State General Fund [and the State Highway Fund] pursuant to NRS 482.182, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.043, 371.045 and 371.047.
3. The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.
5. An amount equal to any basic governmental services tax distributed to a redevelopment agency in the Fiscal Year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.
6. The Department shall make distributions of the basic governmental services tax directly to county school districts.
7. As used in this section:
(a) Enterprise district has the meaning ascribed to it in NRS 360.620.
(b) Local government has the meaning ascribed to it in NRS 360.640.
(c) Received or collected for each county means:
(1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:
Carson City............ 1.07 percent Lincoln...................... 3.12 percent
Churchill................. 5.21 percent Lyon.......................... 2.90 percent
Clark...................... 22.54 percent Mineral...................... 2.40 percent
Douglas.................. 2.52 percent Nye............................ 4.09 percent
Elko....................... 13.31 percent Pershing.................... 7.00 percent
Esmeralda............... 2.52 percent Storey........................ 0.19 percent
κ2020 Statutes of Nevada, 31st Special Session, Page 29 (CHAPTER 4, SB 3)κ
Eureka..................... 3.10 percent Washoe.................. 12.24 percent
Humboldt............... 8.25 percent White Pine................ 5.66 percent
Lander..................... 3.88 percent
(2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.
(d) Special district has the meaning ascribed to it in NRS 360.650.
Sec. 6. NRS 482.182 is hereby amended to read as follows:
482.182 1. After deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180 and before carrying out the provisions of NRS 482.181 each month, the Department shall direct the State Controller to transfer to the [:
(a)] State General Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month, [25 percent of] the amounts indicated pursuant to this section.
[(b) State Highway Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month, 75 percent of the amounts indicated pursuant to this section.]
2. Except as otherwise provided in subsection 3, the amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles depreciated in accordance with:
(a) Subsection 1 of NRS 371.060 based upon an age of:
(1) One year, is a sum equal to 11 percent of those proceeds;
(2) Two years, is a sum equal to 12 percent of those proceeds;
(3) Three years, is a sum equal to 13 percent of those proceeds;
(4) Four years, is a sum equal to 15 percent of those proceeds;
(5) Five years, is a sum equal to 18 percent of those proceeds;
(6) Six years, is a sum equal to 22 percent of those proceeds;
(7) Seven years, is a sum equal to 29 percent of those proceeds;
(8) Eight years, is a sum equal to 40 percent of those proceeds; and
(9) Nine years or more, is a sum equal to 67 percent of those proceeds; and
(b) Subsection 2 of NRS 371.060 based upon an age of:
(1) One year, is a sum equal to 12 percent of those proceeds;
(2) Two years, is a sum equal to 14 percent of those proceeds;
(3) Three years, is a sum equal to 18 percent of those proceeds;
(4) Four years, is a sum equal to 21 percent of those proceeds;
(5) Five years, is a sum equal to 26 percent of those proceeds;
(6) Six years, is a sum equal to 30 percent of those proceeds;
(7) Seven years, is a sum equal to 33 percent of those proceeds;
(8) Eight years, is a sum equal to 37 percent of those proceeds;
(9) Nine years, is a sum equal to 40 percent of those proceeds; and
(10) Ten years or more, is a sum equal to 43 percent of those proceeds.
3. The amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles to which the minimum amount of that tax applies pursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.
Sec. 7. Each person required to pay the tax on the net proceeds of minerals shall pay:
κ2020 Statutes of Nevada, 31st Special Session, Page 30 (CHAPTER 4, SB 3)κ
1. The tax determined pursuant to NRS 362.130, as that section reads prior to amendment by section 3 of this act, for the calendar year 2020; and
2. The estimated tax for the calendar year 2021 pursuant to NRS 362.115, as amended by section 2 of this act.
Sec. 8. 1. When preparing its certificate of the tax due from a taxpayer pursuant to NRS 362.130 during the calendar year 2024, 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 2023 pursuant to NRS 362.115, as that section read on January 1, 2023; 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 other provision of law, for the calendar year 2023, each person extracting any mineral in this State may file with the Department a quarterly report stating an estimate for the year and the actual quarterly amounts of production, gross yield and net proceeds as of March 31, June 30, September 30 and December 31 of that year, and pay any additional amount of the portion of the tax due pursuant to paragraph (a) of subsection 1 of NRS 362.115, as that section read on January 1, 2023. The additional estimated tax liability must be calculated by determining the difference between the revised estimates of net proceeds based on the recent production figures as indicated by the quarterly reports and the original estimate supplied pursuant to paragraph (a) of subsection 1 of NRS 362.115, as that section read on January 1, 2023. If the person chooses to submit such reports, the reports must be submitted on a form prescribed by the Department not later than the last day of the month following the end of the calendar quarter and payment must be made within 30 days after filing any quarterly report that indicates an additional estimated tax liability.
3. Notwithstanding any other provision of law, for calendar year 2023, if the amount paid pursuant to paragraph (a) of subsection 1 of NRS 362.115, as that section read on January 1, 2023, is less than 90 percent of the amount certified pursuant to NRS 362.130 as the net proceeds of any minerals extracted and royalties paid during calendar year 2023 multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada, the certificate prepared by the Department pursuant to this section must include a penalty of 10 percent of the amount by which that portion of the tax was underpaid unless:
(a) The amount paid pursuant to paragraph (a) of subsection 1 of NRS 362.115, as that section read on January 1, 2023, in calendar year 2023 is equal to or greater than the liability of the operation for the calendar year 2022 for the portion of the tax that is equal to the net proceeds of any minerals extracted and royalties paid during that calendar year multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada; or
(b) The person files quarterly reports pursuant to subsection 2 in a timely manner and the total of all payments exceeds 90 percent of the amount certified as the net proceeds of any minerals extracted and royalties paid during the calendar year 2023 multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada.
κ2020 Statutes of Nevada, 31st Special Session, Page 31 (CHAPTER 4, SB 3)κ
valorem for the county in which the operation is located, including any rate levied by the State of Nevada.
Sec. 9. The amendatory provisions of sections 5.5 and 6 of this act apply to any proceeds of the basic governmental services tax collected by the Department of Motor Vehicles and its agents which is attributable to any period of registration of a vehicle that begins on or after July 1, 2020, and ends on or before June 30, 2021.
Sec. 10. 1. Except as otherwise provided in this section and notwithstanding any other provision of law, the Department of Taxation shall establish and conduct a program that complies with the requirements of this section and requires the Department to relieve a person who has not paid a tax, fee or assessment required to be paid to the Department of all the monetary penalties and interest imposed with regard to the unpaid tax, fee or assessment. Upon the establishment of a program pursuant to this section, the Department of Taxation shall provide notice of the program, including, without limitation, the dates during which the program will be conducted and the manner in which a person may request relief pursuant to the program, on the Internet website maintained by the Department.
2. The Department of Taxation shall conduct a program established and conducted pursuant to subsection 1 only for a period of not more than 90 calendar days and only during a period beginning on or after the effective date of this section and ending not later than June 30, 2021.
3. The Department of Taxation shall relieve a person who has not paid a tax, fee or assessment required to be paid to the Department of all the monetary penalties and interest imposed with regard to the unpaid tax, fee or assessment if, on or after the date on which the Department begins conducting the program established and conducted pursuant to subsection 1 and before the ending date of the program, the person:
(a) Requests relief from the Department by the form or method required by the Department; and
(b) Except as otherwise provided in subsection 4, pays the amount of the unpaid tax, fee or assessment in full to the Department.
4. If a person has not paid a tax, fee or assessment required to be paid to the Department of Taxation for multiple periods, files with the Department a request for relief pursuant to paragraph (a) of subsection 3 and pays the amount of the unpaid tax, fee or assessment for less than all of the periods for which the person has not paid the tax, fee or assessment, the Department may grant relief to the person for each period for which the person pays the amount of the tax, fee or assessment in full to the Department.
5. A program established and conducted by the Department of Taxation pursuant to subsection 1:
(a) Must apply only to taxes, fees and assessments that are due and payable before the effective date of this section;
(b) Must not apply to any person who:
(1) Has entered into a compromise or settlement agreement with the Department regarding the unpaid tax, fee or assessment;
(2) Has entered into a compromise with the Nevada Tax Commission regarding the unpaid tax, fee or assessment pursuant to NRS 360.263; or
(3) Is being audited by the Department and has not been issued a final notice of deficiency determination by the Department.
6. A person who requests or receives relief pursuant to this section may be selected for an audit and audited by the Department of Taxation in the same manner as a person who does not request or receive relief pursuant to this section.
κ2020 Statutes of Nevada, 31st Special Session, Page 32 (CHAPTER 4, SB 3)κ
same manner as a person who does not request or receive relief pursuant to this section.
Sec. 11. Notwithstanding the provisions of NRS 218D.430, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after July 8, 2020.
Sec. 12. 1. This section and sections 2 and 5.5 to 11, inclusive, of this act become effective upon passage and approval.
2. Sections 5.5 and 6 of this act expire by limitation on June 30, 2021.
3. Section 3 of this act becomes effective on July 1, 2021.
4. Sections 2 and 3 of this act expire by limitation on June 30, 2023.
________
Assembly Bill No. 3Committee of the Whole
CHAPTER 5
[Approved: July 20, 2020]
AN ACT relating to state financial administration; reducing certain appropriations and other money budgeted for Fiscal Year 2020-2021; authorizing certain sums appropriated to the Department of Health and Human Services to be transferred among the various budget accounts of the Department under certain circumstances; requiring the transfer of certain money to the State General Fund; revising various provisions relating to the authority for such transfers; authorizing certain expenditures; temporarily suspending the transfer from the State General Fund to the Account to Stabilize the Operation of the State Government for Fiscal Year 2020-2021; temporarily increasing the limitation on the amount of annual leave that certain state employees are authorized to carry forward to the next calendar year; providing for a 1-month suspension during Fiscal Year 2020-2021 of the payment of subsidies by the State to the Public Employees Benefits Program for group insurance for certain active and retired public officers and employees; requiring state employees to take a certain number of hours of unpaid furlough leave during a certain period of Fiscal Year 2020-2021; providing exceptions and requirements relating to the furlough leave; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Legislature appropriated various sums of money for the support of the government of the State of Nevada and for other specific purposes during the 2019 Legislative Session. Sections 1-8, 10-14, 16-56 and 57-81 of this bill reduce certain appropriations for Fiscal Year 2020-2021.
Existing law provides a procedure for the revision of the work program of any department, institution or agency of the Executive Department of the State Government. (NRS 353.220) During the remainder of Fiscal Year 2020-2021, section 15 of this bill authorizes the transfer of certain sums appropriated to the Department of Health and Human Services among the various budget accounts of the Department in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220. Section 15 also provides that the appropriations made to the Supreme Court of Nevada for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 are available for both fiscal years and authorizes transfers of such money among certain budget accounts of the Supreme Court and from one fiscal year to the other upon certain approval.
κ2020 Statutes of Nevada, 31st Special Session, Page 33 (CHAPTER 5, AB 3)κ
the Supreme Court of Nevada for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 are available for both fiscal years and authorizes transfers of such money among certain budget accounts of the Supreme Court and from one fiscal year to the other upon certain approval.
Section 82 of this bill reduces the current amount of money budgeted for Fiscal Year 2020-2021 for certain programs and services of various state agencies and provides for the reversion of those amounts to the State General Fund at the close of Fiscal Year 2020-2021.
Sections 83-107 of this bill require the State Controller to transfer various sums of money from certain funds and accounts in Fiscal Year 2020-2021 to the State General Fund Budget Reserve Account to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State. Section 108 of this bill provides for the reversion of those amounts to the State General Fund at the close of Fiscal Year 2020-2021. Sections 9 and 120-131 of this bill specifically authorize such transfers in provisions in existing law. Sections 109-118 of this bill authorize certain additional expenditures by various state agencies for certain purposes. Sections 56.5 and 118.5 of this bill authorize the Department of Health and Human Services to accept additional federal money during Fiscal Year 2019-2020 or Fiscal Year 2020-2021 for the Nevada Medicaid budget and the Nevada Check-Up Program budget to support those budgets without requiring an offsetting decrease in State General Fund appropriations.
The Account to Stabilize the Operation of the State Government, also known as the Rainy Day Account, 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 Account to Stabilize the Operation of the State Government at the beginning of each fiscal year that begins on or after July 1, 2017, 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) Section 119 of this bill suspends this transfer to be made for Fiscal Year 2020-2021.
Under existing law, employees in the Executive Department of the State Government are entitled to a prescribed amount of annual leave for each month of continuous public service. With certain exceptions, existing law provides that any annual leave in excess of 30 working days must be used before January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days is forfeited on that date. (NRS 284.350) For purposes of calendar years 2020 and 2021, sections 123.5 and 135 of this bill increase to 40 working days the limitation on the amount of annual leave that an employee is authorized to carry forward from each of those calendar years to the next calendar year.
Existing law requires each state agency that participates in the Public Employees Benefits Program to pay to the Program a monthly assessment for each state officer and employee who is employed by the agency on a permanent and full-time basis and who elects to participate in the Program. (NRS 287.044, 287.0445) In addition, the State is also required to pay to the Program a portion of the cost of the premiums or contributions for group insurance for persons who retire with state service and continue to participate in the Program. (NRS 287.046) The monthly amounts of these subsidies are established for each fiscal year biennially. (See, e.g., chapter 523, Statutes of Nevada 2019, p. 3118) Section 131.1 of this bill provides for a state agency premium holiday by requiring that a participating state agency only pay such subsidies for 11 months in Fiscal Year 2020-2021. Although a corresponding premium holiday is not provided for the state officers and employees and retirees in this bill, section 131.1 specifically provides that those state officers and employees and retirees must not be required to pay the portion of the cost of the premiums and contributions that would have otherwise been paid by the State during the one month of the premium holiday.
κ2020 Statutes of Nevada, 31st Special Session, Page 34 (CHAPTER 5, AB 3)κ
Section 131.2 of this bill requires each full-time state employee to take 48 hours of unpaid furlough leave, and part-time employees to take a proportional amount of such hours, during the period between January 1, 2021, and June 30, 2021, unless: (1) the employees position is exempted from this requirement pursuant to section 131.4 of this bill because the employee is determined to fill a position of critical need; or (2) the employee is employed by the Department of Tourism and Cultural Affairs and has a standard workweek of 32 hours or less. If an employees position is exempted from the furlough requirement, section 131.4 requires that the employees salary be reduced by 4.6 percent during the period between January 1, 2021, and June 30, 2021, that the position is not subject to furlough leave. Section 131.3 of this bill provides that state employees and employees of the other employers who participate in the Public Employees Retirement System who take furlough leave due to extreme financial need are held harmless in the accumulation of retirement service credit and reported salary for purposes of their retirement. Sections 134.5 and 135 of this bill eliminate the furlough leave requirements if the State of Nevada receives certain federal money.
Section 131.6 of this bill provides that if additional federal money is made available to the State of Nevada, the Chief of the Budget Division of the Office of Finance is required to disburse the money to restore budgetary reductions in this bill and other purposes in a prescribed priority order.
Section 132 of this bill provides that the provisions of this bill do not apply to the extent that they would constitute an impairment of the rights of holders of bonds or similar obligations issued by the State.
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. Section 3.8 of chapter 636, Statutes of Nevada 2019, at page 4512, is hereby amended to read as follows:
Sec. 3.8. 1. There is hereby appropriated from the State General Fund to the Nevada Commission on Mentoring created by NRS 385.760, as amended by section 1 of [this act,] chapter 636, Statutes of Nevada 2019, at page 4508, for the purpose of awarding grants of money to mentorship programs in accordance with the provisions of NRS 385.780, as amended by section 3 of [this act,] chapter 636, Statutes of Nevada 2019, at page 4510, the following [sums:] sum:
For the Fiscal Year 2019-2020............................................... $25,000
[For the Fiscal Year 2020-2021............................................ $25,000]
2. Any remaining balance of the [sums] sum appropriated by subsection 1 [remaining at the end of the respective fiscal years] must not be committed for expenditure after June 30 [of the respective fiscal years] , 2020, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, [and September 17, 2021, respectively,] by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020 . [, and September 17, 2021, respectively.]
κ2020 Statutes of Nevada, 31st Special Session, Page 35 (CHAPTER 5, AB 3)κ
Sec. 2. Section 133.3 of chapter 633, Statutes of Nevada 2019, at page 4487, is hereby amended to read as follows:
Sec. 133.3. 1. There is hereby appropriated from the State General Fund to the Division of Parole and Probation of the Department of Public Safety for personnel costs for quality assurance, data tracking, record sealing and tracking the following [sums:] sum:
For the Fiscal Year 2019-2020............................................. $344,542
[For the Fiscal Year 2020-2021.......................................... $421,466]
2. Any remaining balance of the [sums] sum appropriated by subsection 1 [remaining at the end of the respective fiscal years] must not be committed for expenditure after June 30 [of the respective fiscal years] , 2020, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, [and September 17, 2021, respectively,] by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020 . [, and September 17, 2021, respectively.]
Sec. 3. Section 1.5 of chapter 615, Statutes of Nevada 2019, at page 4015, is hereby amended to read as follows:
Sec. 1.5. 1. There is hereby appropriated from the State General Fund to the Lou Ruvo Center for Brain Health for operations and educational programs to restore funding previously received by the Center for this purpose from the University of Nevada, Reno, School of Medicine the following [sums:] sum:
For the Fiscal Year 2019-2020............................................. $542,343
[For the Fiscal Year 2020-2021.......................................... $542,343]
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 4. Section 7 of chapter 615, Statutes of Nevada 2019, at page 4017, is hereby amended to read as follows:
Sec. 7. 1. There is hereby appropriated from the State General Fund the sum of $3,111,192 in Fiscal Year 2019-2020 [and the sum of $6,464,376 in Fiscal Year 2020-2021] to Nevada Medicaid within the Division of Health Care Financing and Policy of the Department of Health and Human Services for costs related to increasing the acute care per diem reimbursement rates, excluding the per diem rates for neonatal and pediatric intensive care units, by a total of 2.5 percent, effective January 1, 2020, from the reimbursement rate paid by the Division for such services in Fiscal Year 2018-2019.
2. There is hereby appropriated from the State General Fund the sum of $1,386 in Fiscal Year 2019-2020 [and the sum of $5,869 in Fiscal Year 2020-2021] to the Nevada Check-Up Program of the Division of Health Care Financing and Policy of the Department of Health and Human Services for costs related to increasing the acute care per diem reimbursement rates, excluding the per diem rates for neonatal and pediatric intensive care units, by a total of 2.5 percent, effective January 1, 2020, from the reimbursement rate paid by the Division for such services in Fiscal Year 2018-2019.
κ2020 Statutes of Nevada, 31st Special Session, Page 36 (CHAPTER 5, AB 3)κ
Fiscal Year 2020-2021] to the Nevada Check-Up Program of the Division of Health Care Financing and Policy of the Department of Health and Human Services for costs related to increasing the acute care per diem reimbursement rates, excluding the per diem rates for neonatal and pediatric intensive care units, by a total of 2.5 percent, effective January 1, 2020, from the reimbursement rate paid by the Division for such services in Fiscal Year 2018-2019.
3. The sums appropriated by subsections 1 and 2 are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021, and may be transferred from [one fiscal year to the other] Fiscal Year 2019-2020 to Fiscal Year 2020-2021 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
4. Any remaining balance of the appropriations made by subsections 1 and 2 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
5. There is hereby authorized for expenditure from the money not appropriated from the State General Fund or the State Highway Fund by the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $8,150,534 during Fiscal Year 2019-2020 [and the sum of $16,335,323 during Fiscal Year 2020-2021] for Nevada Medicaid for costs related to increasing the acute care per diem reimbursement rates, excluding the per diem rates for neonatal and pediatric intensive care units, by a total of 2.5 percent, effective January 1, 2020, from the reimbursement rate paid by the Division for such services in Fiscal Year 2018-2019.
6. There is hereby authorized for expenditure from the money not appropriated from the State General Fund or the State Highway Fund by the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $11,553 during Fiscal Year 2019-2020 [and the sum of $20,298 during Fiscal Year 2020-2021] for the Nevada Check-Up Program for costs related to increasing the acute care per diem reimbursement rates, excluding the per diem rates for neonatal and pediatric intensive care units, by a total of 2.5 percent, effective January 1, 2020, from the reimbursement rate paid by the Division for such services in Fiscal Year 2018-2019.
Sec. 5. Section 11 of chapter 615, Statutes of Nevada 2019, at page 4020, is hereby amended to read as follows:
Sec. 11. 1. There is hereby appropriated from the State General Fund to the School Safety Account the following sums:
For the Fiscal Year 2019-2020.......................................... $1,358,455
For the Fiscal Year 2020-2021..................... [$1,358,455] $638,455
2. The Department of Education shall transfer money from the appropriation made by subsection 1 to school districts and charter schools for block grants for contract or employee social workers or other licensed mental health workers in schools with identified needs.
κ2020 Statutes of Nevada, 31st Special Session, Page 37 (CHAPTER 5, AB 3)κ
schools for block grants for contract or employee social workers or other licensed mental health workers in schools with identified needs. The money must not be used for administrative expenditures of the Department of Education.
3. For purposes of the allocations of sums for the block grant program described in subsection 2, eligible licensed social workers or other mental health workers include the following:
(a) Licensed clinical social worker;
(b) Social worker;
(c) Social worker intern with supervision;
(d) Clinical psychologist;
(e) Psychologist intern with supervision;
(f) Marriage and family therapist;
(g) Mental health counselor;
(h) Community health worker;
(i) School-based health centers; and
(j) Licensed nurse.
4. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
5. Any remaining balance of the sums transferred by subsection 2 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 6. Section 12 of chapter 615, Statutes of Nevada 2019, at page 4021, is hereby amended to read as follows:
Sec. 12. 1. There is hereby appropriated from the State General Fund to the School Safety Account the following sums:
For the Fiscal Year 2019-2020.......................................... $2,750,000
For the Fiscal Year 2020-2021..................... [$2,750,000] $792,664
2. The Department of Education shall transfer money from the appropriation made by subsection 1 to provide grants to public schools to employ and equip school resource officers or school police officers in schools with identified needs on the basis of data relating to school discipline, violence, climate and vulnerability and the ability of the public school to hire school resource officers or school police officers. The money must not be used for administrative expenditures of the Department of Education.
3. The money transferred pursuant to subsection 2:
(a) Must be accounted for separately from any other money received by the school districts and charter schools of this State and used only for the purposes specified in subsection 2.
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
κ2020 Statutes of Nevada, 31st Special Session, Page 38 (CHAPTER 5, AB 3)κ
4. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2019-2020 must be transferred and added to the money appropriated for Fiscal Year 2020-2021 and may be expended as that money is expended.
5. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2020-2021, including any money added thereto pursuant to the provisions of subsection 4, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 7. Section 13 of chapter 615, Statutes of Nevada 2019, at page 4021, is hereby amended to read as follows:
Sec. 13. 1. There is hereby appropriated from the State General Fund to the School Safety Account the following [sums:] sum:
For the Fiscal Year 2019-2020.......................................... $2,350,000
[For the Fiscal Year 2020-2021....................................... $2,350,000]
2. The money appropriated by subsection 1 must be used by the Department of Education to support the implementation of a program of social, emotional and academic development throughout the public schools in this State, including, without limitation, the development and implementation of a strategic plan to carry out full implementation of such programs within 5 years.
3. Any remaining balance of the [sums] sum appropriated by subsection 1 [remaining at the end of the respective fiscal years] must not be committed for expenditure after June 30 [of the respective fiscal years] , 2020, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, [and September 17, 2021, respectively,] by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020 . [, and September 17, 2021, respectively.]
Sec. 8. Section 2 of chapter 597, Statutes of Nevada 2019, at page 3900, is hereby amended to read as follows:
Sec. 2. There is hereby appropriated from the State General Fund to the Office of Historic Preservation of the State Department of Conservation and Natural Resources for carrying out the technical advisory program established pursuant to section 1 of [this act] chapter 597, Statutes of Nevada 2019, at page 3899, the following [sums:] sum:
For the Fiscal Year 2019-2020............................................... $10,000
[For the Fiscal Year 2020-2021............................................ $20,000]
Sec. 9. Section 1.5 of chapter 575, Statutes of Nevada 2019, at page 3708, is hereby amended to read as follows:
Sec. 1.5. There is hereby created in the State Treasury a special fund which shall be designated as the Grant Matching Fund.
1. The Grant Matching Fund shall hold appropriated money in trust for the exclusive purpose of providing grants to state agencies, local governments, tribal governments and nonprofit organizations to satisfy federal and nongovernmental organization grant matching requirements [.]
κ2020 Statutes of Nevada, 31st Special Session, Page 39 (CHAPTER 5, AB 3)κ
satisfy federal and nongovernmental organization grant matching requirements [.] and for any other purpose authorized by the Legislature.
2. The Interim Finance Committee must authorize the transfer of money from the Grant Matching Fund before the acceptance of a federal grant award greater than $150,000 or a nongovernmental organization grant award greater than $20,000.
Sec. 10. Section 33.5 of chapter 574, Statutes of Nevada 2019, at page 3706, is hereby amended to read as follows:
Sec. 33.5. 1. There is hereby appropriated from the State General Fund to the State Department of Conservation and Natural Resources for the personnel and operating costs of the Division of Outdoor Recreation in the Department created by section 15 of [this act] chapter 574, Statutes of Nevada 2019, at page 3703, the following sums:
For the Fiscal Year 2019-2020............................................. $208,911
For the Fiscal Year 2020-2021........................ [$448,293] $294,048
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
Sec. 11. (Deleted by amendment.)
Sec. 12. Section 1 of chapter 553, Statutes of Nevada 2019, at page 3457, is hereby amended to read as follows:
Section 1. 1. There is hereby appropriated from the State General Fund to the Other State Education Programs Account in the State General Fund for the cost of creating and maintaining programs for school gardens that meet the requirements of subsection 4 the following [sums:] sum:
For the Fiscal Year 2019-2020............................................. $410,000
[For the Fiscal Year 2020-2021.......................................... $205,000]
2. The Department of Education shall allocate the money appropriated by subsection 1 to nonprofit organizations which meet the requirements of subsection 3 to provide at the qualifying school a program for a school garden which meets the requirements set forth in subsection 4.
3. For a nonprofit organization to receive an allocation of money pursuant to subsection 2 to provide a program for a school garden, the school at which the program will be implemented must be a Title I school, as defined in NRS 385A.040.
4. For a nonprofit organization to receive an allocation of money to provide a program for a school garden pursuant to subsection 2, the program must:
κ2020 Statutes of Nevada, 31st Special Session, Page 40 (CHAPTER 5, AB 3)κ
(a) Create and maintain a school garden at the school.
(b) Have a curriculum that:
(1) Includes a comprehensive science, technology, engineering and mathematics school garden program. Such a program must include, without limitation, a science, technology, engineering and mathematics curriculum for outdoor or hydroponic gardens for pupils in kindergarten through grade 5 that is tailored to pupils of the appropriate grade levels at the school;
(2) Is written specifically for Nevada and the desert environment of Nevada;
(3) Complies with the standards of content and performance for a course of study in science adopted by the State Board of Education pursuant to NRS 389.520;
(4) Uses experiential learning or project-based learning to teach science, technology, engineering, arts and mathematics;
(5) Is designed with the assistance of teachers and other educational personnel with experience at the appropriate grade levels at the school; and
(6) Involves supervised learning experiences for the pupils at the school in a classroom and a school garden.
(c) Provide the school with assistance from members of the community, including without limitation, trained educators, local farmers and local chefs.
(d) Provide pupils with the:
(1) Ability to operate a farmers market to sell the produce from the school garden; and
(2) Opportunity to have a local chef or employee of a school who works in food services demonstrate how to cook a meal using the produce grown from the school garden.
(e) Establish garden teams comprised of teachers and, if such persons are available, parents and members of the community. Each garden team shall meet at least once each month.
(f) Require any local nonprofit or community-based organization which will provide services to implement the program for a school garden to have at least 2 years of experience implementing such a program.
5. Money allocated pursuant to subsection 2 may be used to:
(a) Provide professional development for teachers regarding the:
(1) Use of a school garden to teach pupils with disabilities, including, without limitation, training for teaching such pupils science, technology, engineering and mathematics curriculum and vocational training to create a career path in horticulture;
(2) Development and implementation of science, technology, engineering, arts and mathematics curricula that incorporate the use of a school garden;
(3) Development and implementation of training that may be provided to a group or individually to teachers in how to establish and maintain school gardens to increase the time teachers allocate to teaching science, technology, engineering and mathematics; and
(4) Development and implementation of a food safety plan designed to ensure that food grown in a school garden is properly handled and safe to sell and consume;
κ2020 Statutes of Nevada, 31st Special Session, Page 41 (CHAPTER 5, AB 3)κ
(b) Pay for any travel expenses associated with the attendance of a teacher at any training or conference relating to school gardens; and
(c) Pay for the costs of a conference regarding school gardens held in this State.
6. As used in this section, school garden includes, without limitation, a hydroponic garden.
Sec. 13. Section 2 of chapter 553, Statutes of Nevada 2019, at page 3458, is hereby amended to read as follows:
Sec. 2. Upon acceptance of the money allocated pursuant to section 1 of [this act,] chapter 553, Statutes of Nevada 2019, at page 3457, a nonprofit organization agrees to:
1. Prepare and transmit a report to the Interim Finance Committee on or before October 1, 2020, that describes each expenditure made from the money allocated pursuant to section 1 of [this act] chapter 553, Statutes of Nevada 2019, at page 3457, from the date on which the money was received by the nonprofit organization through June 30, 2020; and
2. [Prepare and transmit a final report to the Interim Finance Committee on or before October 1, 2021, that describes each expenditure made from the money allocated pursuant to section 1 of this act from the date on which the money was received by the nonprofit organization through June 30, 2021; and
3.] Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the nonprofit organization, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money allocated pursuant to section 1 of [this act.] chapter 553, Statutes of Nevada 2019, at page 3457.
Sec. 14. Section 3 of chapter 553, Statutes of Nevada 2019, at page 3459, is hereby amended to read as follows:
Sec. 3. Any remaining balance of the [sums] sum appropriated by section 1 of [this act remaining at the end of the respective fiscal years] chapter 553, Statutes of Nevada 2019, at page 3457, must not be committed for expenditure after June 30 [of the respective fiscal years] , 2020, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, [and September 17, 2021, respectively,] by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020 . [, and September 17, 2021, respectively.]
Sec. 15. Chapter 544, Statutes of Nevada 2019, at page 3341, is hereby amended by adding thereto two new sections to be designated as sections 50.5 and 56.5, respectively, immediately following sections 50 and 56, respectively, to read as follows:
Sec. 50.5. The sums appropriated to the Supreme Court of Nevada by section 11 of chapter 544, Statutes of Nevada 2019, at page 3343, for the support of the Specialty Court, the Supreme Court of Nevada, the Supreme Court Law Library, the Judicial Programs and Services Division, the Senior Justice and Senior Judge Program, the State Judicial Elected Officials and the Court of Appeals are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021, and may be transferred among those budget accounts and from one fiscal year to the other with the approval of a committee of at least three Supreme Court Justices appointed by the Chief Justice which may include, without limitation, the Chief Justice.
κ2020 Statutes of Nevada, 31st Special Session, Page 42 (CHAPTER 5, AB 3)κ
Programs and Services Division, the Senior Justice and Senior Judge Program, the State Judicial Elected Officials and the Court of Appeals are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021, and may be transferred among those budget accounts and from one fiscal year to the other with the approval of a committee of at least three Supreme Court Justices appointed by the Chief Justice which may include, without limitation, the Chief Justice.
Sec. 56.5. In addition to transfers made pursuant to sections 51 to 56, inclusive, of chapter 544, Statutes of Nevada 2019, at page 3354, the sums appropriated to the Department of Health and Human Services by section 17 of chapter 544, Statutes of Nevada 2019, at page 3345, may be transferred among the various budget accounts of the Department of Health and Human Services in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.
Sec. 16. Section 2 of chapter 544, Statutes of Nevada 2019, at page 3341, is hereby amended to read as follows:
Sec. 2. The Office and Mansion of the Governor.
2019-2020 2020-2021
For the support of the:
Office of the Governor..... $2,733,781 [$2,768,567] $2,658,567
Office for New Americans 176,285 [196,082] 155,899
Office of the Nevada Sentencing Commission 404,492 [488,311] 390,172
Commission for Persons Who Are Deaf 25,000 25,000
Governors Office of Finance 4,026,488 [4,580,881] 4,500,731
Office of Indigent Defense Services 730,732 [925,392] 900,208
Governors Office of Finance Special Appropriations 5,275,000 [5,250,000] 4,415,000
Division of Internal Audits 1,680,294 [1,743,158] 1,233,700
SMART 21........................... 2,129,463 [2,059,147] 1,743,122
Governors Mansion............. 340,671 [374,414] 350,414
High Level Nuclear Waste 1,326,582 [1,441,612] 1,334,374
Governors Office of Energy 100 100
Office of Science, Innovation and Technology 4,121,613 [4,139,459] 3,352,962
Governors Office of Workforce Innovation:
Office of Workforce Innovation 2,541 [2,541] 2,058
κ2020 Statutes of Nevada, 31st Special Session, Page 43 (CHAPTER 5, AB 3)κ
2019-2020 2020-2021
Nevada P20 Workforce Reporting $873,633 [$877,402] $710,695
Western Interstate Commission for Higher Education:
Administration................. 400,983 [425,265] 335,313
Loans and Stipends........ 836,134 [842,512] 662,098
Sec. 17. Section 3 of chapter 544, Statutes of Nevada 2019, at page 3342, is hereby amended to read as follows:
Sec. 3. The Office of Lieutenant Governor.
For the support of the Office of the Lieutenant Governor $713,060 [$747,758] $727,621
Sec. 18. Section 4 of chapter 544, Statutes of Nevada 2019, at page 3342, is hereby amended to read as follows:
Sec. 4. The Office of Attorney General.
For the support of the:
Attorney General Administration $4,010,501 [$2,406,627] $2,250,300
Special Litigation Account 865,046 [950,067] 814,389
Medicaid Fraud Control Unit 100 100
Crime Prevention.................... 539,535 563,796
Office of the Extradition Coordinator 494,621 494,731
Bureau of Consumer Protection 749,070 [788,824] 684,602
Advisory Council for Prosecuting Attorneys 100 100
Grants Unit................................ 23,715 [23,977] 14,977
Victims of Domestic Violence 50,673 64,158
Sec. 19. Section 5 of chapter 544, Statutes of Nevada 2019, at page 3342, is hereby amended to read as follows:
Sec. 5. The Office of Secretary of State.
For the support of the:
Office of the Secretary of State $17,424,026 [$18,355,760] $15,204,823
HAVA Election Reform......... 996,842 [1,045,153] 849,316
Sec. 20. Section 6 of chapter 544, Statutes of Nevada 2019, at page 3342, is hereby amended to read as follows:
Sec. 6. The Office of State Treasurer.
For the support of the Office of the State Treasurer $621,451 [$629,223] $427,947
κ2020 Statutes of Nevada, 31st Special Session, Page 44 (CHAPTER 5, AB 3)κ
Sec. 21. Section 7 of chapter 544, Statutes of Nevada 2019, at page 3342, is hereby amended to read as follows:
Sec. 7. The Office of State Controller.
2019-2020 2020-2021
For the support of the Office of the State Controller $5,335,084 [$5,505,823] $4,955,241
Sec. 22. Section 8 of chapter 544, Statutes of Nevada 2019, at page 3342, is hereby amended to read as follows:
Sec. 8. Department of Administration.
For the support of the:
Merit Award Board.................. $3,621 [$1,128] $67
National Judicial College and National Council of Juvenile and Family Court Judges 467,500....... [387,500]..... 333,250
Directors Office....................... 91,207 [109,866] 88,278
State Public Works Division - Marlette Lake 100 100
State Public Works Division - Facility Condition and Analysis 388,214 [392,627] 388,771
State Library........................ 2,745,765 [2,803,246] 2,666,361
Archives and Public Records 1,577,891 [1,608,211] 1,403,680
Office of Grant Procurement, Coordination and Management 766,756 [770,757] 375,190
Sec. 23. Section 9 of chapter 544, Statutes of Nevada 2019, at page 3342, is hereby amended to read as follows:
Sec. 9. Department of Taxation.
For the support of the Department of Taxation $36,780,540 [$38,351,429] $35,539,843
Sec. 24. Section 10 of chapter 544, Statutes of Nevada 2019, at page 3343, is hereby amended to read as follows:
Sec. 10. Legislative Fund.
For Fiscal Year 2019-2020 for the support of the:
Legislative Commission...... $297,247 [$209,763]
Audit Division..................... 4,170,676 [4,337,862]
Administrative Division... 10,455,548 [10,636,902]
Legal Division................... 11,466,714 [10,565,621]
Research Division............... 5,363,045 [5,421,829]
Fiscal Analysis Division 4,289,365 [4,171,679]
κ2020 Statutes of Nevada, 31st Special Session, Page 45 (CHAPTER 5, AB 3)κ
2019-2020 2020-2021
Interim Legislative Operations $975,969 [$790,801]
For Fiscal Year 2020-2021 for the support of the:
Legislative Counsel Bureau $30,954,498
Sec. 25. Section 11 of chapter 544, Statutes of Nevada 2019, at page 3343, is hereby amended to read as follows:
Sec. 11. Supreme Court of Nevada.
For the support of the:
Specialty Court.................. $3,640,718 $4,384,251
Supreme Court of Nevada 7,726,354 [7,708,487] 6,987,463
Supreme Court Law Library 1,883,264 [1,932,457] 1,874,074
Judicial Programs and Services Division 1,370,185 [1,432,979] 1,113,357
Judicial Retirement System State Share 1,337,285 1,505,006
Senior Justice and Senior Judge Program 1,025,708 [1,023,348] 923,348
State Judicial Elected Officials 22,745,089 [22,946,133] 22,216,608
Court of Appeals................ 3,129,363 [3,031,831] 2,985,577
Sec. 26. Section 12 of chapter 544, Statutes of Nevada 2019, at page 3343, is hereby amended to read as follows:
Sec. 12. Commission on Judicial Discipline.
For the support of the Commission on Judicial Discipline $960,109 [$964,109] $928,691
Sec. 27. Section 13 of chapter 544, Statutes of Nevada 2019, at page 3343, is hereby amended to read as follows:
Sec. 13. Governors Office of Economic Development.
For the support of the:
Governors Office of Economic Development $7,701,185 [$7,672,425] $6,532,553
Rural Community Development 180,091 180,555
Procurement Outreach Program 132,316 135,931
Knowledge Account.......... 2,500,000 0
Workforce Innovations for a New Nevada Account 4,000,000 [2,000,000] 0
Sec. 28. Section 14 of chapter 544, Statutes of Nevada 2019, at page 3343, is hereby amended to read as follows:
Sec. 14. Department of Tourism and Cultural Affairs.
For the support of the:
Museums and History Administration $474,040 $230,626
κ2020 Statutes of Nevada, 31st Special Session, Page 46 (CHAPTER 5, AB 3)κ
2019-2020 2020-2021
Nevada Historical Society, Reno $288,623 [$297,067] $249,464
Nevada State Museum, Carson City 742,261 [762,216] 666,960
Nevada State Museum, Las Vegas 710,568 [729,900] 603,691
Lost City Museum................. 196,748 202,374
Nevada State Railroad Museums 546,721 564,301
Nevada Arts Council............. 513,474 [518,344] 448,408
Nevada Humanities............... 125,000 125,000
Nevada Indian Commission 239,140 [247,990] 191,114
Stewart Indian School Living Legacy 119,093 [115,480] 108,968
Sec. 29. Section 15 of chapter 544, Statutes of Nevada 2019, at page 3344, is hereby amended to read as follows:
Sec. 15. Department of Education.
For the support of the:
Office of the Superintendent $2,200,089 [$2,016,543] $1,643,038
Parental Involvement and Family Engagement 149,719 [162,528] 155,401
Office of Early Learning and Development 20,777,239 [20,798,591] 14,485,433
Literacy Programs.................. 669,605 [711,773] 563,008
Student and School Support 938,244 [1,238,228] 876,529
Standards and Instructional Support 1,124,333 [1,102,877] 1,005,650
District Support Services 1,293,053 [1,389,810] 1,196,883
Career and Technical Education 746,567 [746,567] 726,439
Continuing Education........... 700,988 677,794
Individuals with Disabilities Education Act 166,499 [178,072] 176,587
Assessments and Accountability 14,518,617 [14,753,249] 13,662,467
Educator Effectiveness......... 663,639 [699,089] 693,245
Data Systems Management 2,824,703 [2,854,812] 2,853,432
Safe and Respectful Learning 939,374 [1,040,831] 883,989
Account for Alternative Schools 117,683 [134,748] 39,433
κ2020 Statutes of Nevada, 31st Special Session, Page 47 (CHAPTER 5, AB 3)κ
Sec. 30. Section 16 of chapter 544, Statutes of Nevada 2019, at page 3344, is hereby amended to read as follows:
Sec. 16. Nevada System of Higher Education.
2019-2020 2020-2021
For the support of the:
System Administration.... $4,932,899 [$4,941,631] $4,057,569
Performance Funding Pool 0 100,131,729
System Computing Center 18,758,967 [18,790,097] 15,096,669
University Press..................... 454,091 [455,601] 366,048
Special Projects................... 2,278,035 [2,280,047] 1,831,874
Business Center North....... 2,147,055 [2,154,095] 1,730,680
Business Center South...... 1,951,542 [1,957,810] 1,572,978
University of Nevada, Reno 130,357,424 [104,838,780] 79,079,562
UNR Intercollegiate Athletics 5,475,113 [5,481,111] 4,403,731
Education for Dependent Children 0 [14,365] 11,541
UNR Statewide Programs 8,749,206 [8,461,957] 6,798,655
Agricultural Experiment Station 5,573,516 [5,584,863] 4,487,087
Cooperative Extension Service 3,867,743 [3,882,367] 3,119,239
UNR School of Medicine 37,561,465 [37,632,115] 30,235,051
Health Laboratory and Research 1,780,159 [1,785,810] 1,434,787
University of Nevada, Las Vegas 181,018,756 [145,306,109] 109,603,946
UNLV School of Medicine 35,519,101 [41,464,109] 33,313,821
UNLV Intercollegiate Athletics 7,896,825 [7,902,866] 6,349,458
UNLV Statewide Programs 3,814,504 [3,818,417] 3,067,859
UNLV Law School............ 10,430,525 [10,456,418] 8,401,078
UNLV Dental School.......... 9,735,157 [9,806,394] 7,878,824
Great Basin College.......... 13,230,752 [10,619,367] 7,872,562
Nevada State College....... 20,746,937 [16,655,158] 12,386,027
Desert Research Institute 7,624,693 [7,666,365] 5,962,881
College of Southern Nevada 102,867,716 [82,579,803] 62,249,773
Western Nevada College 14,565,829 [11,691,965] 8,760,245
Truckee Meadows Community College 35,919,997 [28,835,736] 21,358,441
κ2020 Statutes of Nevada, 31st Special Session, Page 48 (CHAPTER 5, AB 3)κ
2019-2020 2020-2021
Silver State Opportunity Grant Program $5,000,000 [$5,000,000] $4,199,260
2017 UNR Engineering Building Debt Service 3,288,350 [3,314,250] 0
Prison Education Program 361,251 [396,126] 318,263
Capacity Building Enhancement 8,800,000 10,950,000
Sec. 31. Section 17 of chapter 544, Statutes of Nevada 2019, at page 3345, is hereby amended to read as follows:
Sec. 17. Department of Health and Human Services.
For the support of the:
Health and Human Services Administration $1,461,081 $1,473,331
Grants Management Unit 37,215 40,527
Office of the State Public Defender 1,941,661 [1,937,603] 1,524,461
Consumer Health Assistance 400,323 458,460
State Council on Developmental Disabilities 156,809 155,403
Family Planning................... 3,000,000 3,000,000
Division of Health Care Financing and Policy:
Nevada Medicaid..... 805,620,640 [894,790,875] 767,246,616
Health Care Financing and Policy Administration 28,526,446............ [28,911,043] 27,950,901
Nevada Check-Up Program 5,565,297 [12,554,630] 11,402,376
Aging and Disability Services Division:
Federal Programs and Administration 1,998,970 2,152,466
Autism Treatment Assistance Program 8,161,244 [9,198,979].............. 3,506,458
Home- and Community-Based Services 24,134,500 [26,412,899]............ 23,498,777
Early Intervention Services 31,281,073 [31,906,941] 30,077,524
Desert Regional Center 83,235,107 [90,093,151] 83,602,834
Sierra Regional Center 26,918,935 [28,838,810] 27,355,283
κ2020 Statutes of Nevada, 31st Special Session, Page 49 (CHAPTER 5, AB 3)κ
2019-2020 2020-2021
Rural Regional Center $10,819,138 [$11,560,689] $10,855,243
Family Preservation Program 1,711,905 1,767,273
Division of Child and Family Services:
Community Juvenile Justice Services 2,967,825 3,003,819
Information Services.................... 4,514,159 [4,517,032] 4,423,282
Children, Youth and Family Administration 6,864,040 6,815,316
Nevada Youth Training Center 7,772,160 [8,141,920] 7,302,563
Caliente Youth Center 8,975,448 [9,357,550] 7,255,228
Rural Child Welfare...... 7,872,045 [8,220,871] 7,937,181
Youth Alternative Placement 2,184,481 2,184,481
Youth Parole Services 3,318,783 3,390,992
Northern Nevada Child and Adolescent Services 4,325,344 [3,630,583].............. 3,149,426
Clark County Child Welfare 54,292,727 54,778,363
Washoe County Child Welfare 17,727,632 17,831,693
Southern Nevada Child and Adolescent Services 13,994,614............ [13,637,841] 13,483,291
Summit View Youth Center 6,787,293 [7,132,823] 6,407,112
Division of Public and Behavioral Health:
Public Health:
Office of Health Administration 5,392,311 [5,507,328] 5,288,511
Maternal, Child and Adolescent Health Services 1,368,459 1,393,559
Community Health Services 1,583,180 [1,573,767] 1,463,045
Emergency Medical Services 725,087 738,092
κ2020 Statutes of Nevada, 31st Special Session, Page 50 (CHAPTER 5, AB 3)κ
2019-2020 2020-2021
Immunization Program $738,732 $1,063,650
Biostatistics and Epidemiology 395,920 [423,492] 396,124
Chronic Disease............... 500,000 [500,000] 481,971
Nevada Central Cancer Registry 166,780 0
Health Care Facilities Regulation 600,840 [625,985] 413,150
Behavioral Health:
Behavioral Health Administration 3,580,103 [3,563,586].............. 3,514,428
Southern Nevada Adult Mental Health Services 81,939,429............ [83,700,404] 82,742,807
Northern Nevada Adult Mental Health Services 24,290,635............ [24,935,892] 24,382,209
Facility for the Mental Offender 11,767,298 12,020,997
Rural Clinics................ 11,984,407 [12,199,387] 12,158,394
Behavioral Health Prevention and Treatment 6,444,010 6,470,473
Problem Gambling......... 1,681,294 [2,098,054] 1,274,513
Division of Welfare and Supportive Services:
Welfare Administration 11,374,234 [11,664,682] 11,088,686
Welfare Field Services 41,013,504 [42,797,314] 28,811,741
Assistance to Aged and Blind 10,763,355 11,187,527
Temporary Assistance for Needy Families 24,607,703 24,607,703
Child Assistance and Development 2,580,421 2,580,421
Child Support Enforcement Program 355,493 [1,196,521] 61,860
Κ The reductions to the appropriations for Nevada Medicaid and the Nevada Check-Up Program for Fiscal Year 2020-2021 pursuant to this section include, without limitation:
1. Reduction in reimbursement rates in the fee schedule for providers by 6 percent.
2. Reductions in the reimbursement rate for neonatal intensive care unit services.
κ2020 Statutes of Nevada, 31st Special Session, Page 51 (CHAPTER 5, AB 3)κ
3. Elimination of the increase in acute care per diem hospital reimbursement rates funded through section 7 of chapter 615, Statutes of Nevada 2019, at page 4017.
4. Revision of the rate methodology for habilitation providers.
5. Delay of non-capitated payments to managed care organizations until Fiscal Year 2021-2022.
6. Implementation of a specialty pharmacy provider network.
Sec. 32. Section 18 of chapter 544, Statutes of Nevada 2019, at page 3347, is hereby amended to read as follows:
Sec. 18. Office of the Military.
2019-2020 2020-2021
For the support of the:
Office of the Military........ $4,802,541 [$5,126,363] $4,384,706
National Guard Benefits.......... 57,818 57,818
Patriot Relief Fund................... 73,408 113,376
Sec. 33. Section 19 of chapter 544, Statutes of Nevada 2019, at page 3347, is hereby amended to read as follows:
Sec. 19. Department of Veterans Services.
For the support of the:
Office of Veterans Services $2,109,585 [$2,193,183] $1,932,273
Northern Nevada Veterans Home Account 334,727 [343,983] 342,803
Sec. 34. Section 20 of chapter 544, Statutes of Nevada 2019, at page 3347, is hereby amended to read as follows:
Sec. 20. Department of Corrections.
For the support of the:
Office of the Director...... $32,436,156 [$33,086,656] $31,632,304
Prison Medical Care......... 48,465,151 [49,645,119] 49,560,119
Correctional Programs........ 8,678,287 8,805,647
Southern Nevada Correctional Center 233,829 [230,715] 230,700
Southern Desert Correctional Center 27,618,811 [28,526,480] 28,505,636
Nevada State Prison................ 75,525 73,709
Northern Nevada Correctional Center 30,725,087 [31,400,077] 30,912,584
Warm Springs Correctional Center 12,301,844 [12,568,277] 12,561,352
Ely State Prison................. 29,979,186 [30,955,001] 30,510,506
Lovelock Correctional Center 27,226,436 [27,953,898] 27,414,155
Florence McClure Womens Correctional Center 17,836,183 [18,472,165] 18,462,301
Stewart Conservation Camp 1,838,359 [1,882,097] 1,881,624
Ely Conservation Camp..... 1,495,969 [1,534,034] 1,533,511
κ2020 Statutes of Nevada, 31st Special Session, Page 52 (CHAPTER 5, AB 3)κ
2019-2020 2020-2021
Humboldt Conservation Camp $1,499,055 [$1,540,289] $1,539,841
Three Lakes Valley Conservation Camp 3,022,646 [3,116,454] 3,115,657
Jean Conservation Camp 1,758,170 [1,813,993] 1,813,445
Pioche Conservation Camp 1,894,498 [1,938,308] 1,937,711
Carlin Conservation Camp 1,413,424 [1,454,181] 1,453,525
Wells Conservation Camp 1,451,236 [1,494,526] 1,493,854
Silver Springs Conservation Camp 4,511 4,471
Tonopah Conservation Camp 1,465,518 [1,516,507] 1,515,978
Northern Nevada Transitional Housing 444,071 [457,943] 457,656
High Desert State Prison 56,653,250 [58,600,514] 58,568,801
Casa Grande Transitional Housing 3,355,736 [3,435,064] 2,942,328
Sec. 35. Section 21 of chapter 544, Statutes of Nevada 2019, at page 3348, is hereby amended to read as follows:
Sec. 21. Department of Business and Industry.
For the support of the:
Business and Industry Administration $928,921 [$965,522] $698,746
Office of Business and Planning 339,663 [349,812] 264,526
Real Estate Administration 1,012,266 [1,345,348] 1,005,676
Office of Labor Commissioner 1,872,450 [1,869,865] 1,697,921
Sec. 36. Section 22 of chapter 544, Statutes of Nevada 2019, at page 3348, is hereby amended to read as follows:
Sec. 22. State Department of Agriculture.
For the support of the:
Agriculture Administration $202,471 $343,468
Plant Health and Quarantine Services 584,903 [599,679] 329,661
Veterinary Medical Services 1,184,885 [1,150,878] 1,060,751
Predatory Animal and Rodent Control 891,835 [914,296] 906,034
Nutrition Education Programs 137,832 137,832
Livestock Enforcement......... 212,049 [220,262] 132,951
κ2020 Statutes of Nevada, 31st Special Session, Page 53 (CHAPTER 5, AB 3)κ
2019-2020 2020-2021
Commodity Foods Distribution $160,503 [$172,513] $152,939
Sec. 37. Section 23 of chapter 544, Statutes of Nevada 2019, at page 3348, is hereby amended to read as follows:
Sec. 23. State Department of Conservation and Natural Resources.
For the support of the:
Conservation and Natural Resources Administration $976,315 [$921,627] $757,134
Division of State Parks....... 8,258,784 [8,532,107] 8,321,614
Nevada Tahoe Regional Planning Agency 1,831 [1,831] 1,575
Division of Forestry........... 7,494,650 [8,114,829] 7,590,366
Forest Fire Suppression..... 4,291,199 [4,777,667] 3,488,359
Forestry Conservation Camps 6,885,934 [7,019,653] 6,222,803
Wildland Fire Protection Program 50,000 [50,000] 0
Division of Water Resources 8,259,567 [8,020,724] 7,575,160
Division of State Lands..... 1,653,292 [1,705,152] 1,517,445
Conservation Districts Program 634,794 [650,768] 531,481
Office of Historic Preservation 463,106 490,179
Comstock Historic District 211,692 [214,849] 193,623
Sec. 38. Section 24 of chapter 544, Statutes of Nevada 2019, at page 3349, is hereby amended to read as follows:
Sec. 24. Tahoe Regional Planning Agency.
For the support of the Tahoe Regional Planning Agency $1,920,215 [$1,820,215]. $1,565,384
Sec. 39. Section 25 of chapter 544, Statutes of Nevada 2019, at page 3349, is hereby amended to read as follows:
Sec. 25. Department of Wildlife.
For the support of the:
Law Enforcement................... $57,402 [$57,388] $0
Fisheries Management.......... 150,918 150,918
Game Management.................. 84,201 [83,931] 81,748
Diversity Division.................. 611,082 [611,082] 260,285
Conservation Education.................... 234,227 [254,556] 224,469
Habitat..................................... 156,332 [156,332] 0
κ2020 Statutes of Nevada, 31st Special Session, Page 54 (CHAPTER 5, AB 3)κ
Sec. 40. Section 26 of chapter 544, Statutes of Nevada 2019, at page 3349, is hereby amended to read as follows:
Sec. 26. Department of Employment, Training and Rehabilitation.
2019-2020 2020-2021
For the support of the:
Nevada Equal Rights Commission $1,494,056 [$1,559,386] $1,322,299
Bureau of Vocational Rehabilitation 2,674,468 [2,748,788] 2,235,340
Bureau of Services to Persons Who Are Blind or Visually Impaired 458,536 [473,148]..... 374,027
Commission on Postsecondary Education 430,940 453,293
Sec. 41. Section 27 of chapter 544, Statutes of Nevada 2019, at page 3349, is hereby amended to read as follows:
Sec. 27. Department of Motor Vehicles.
For the support of the:
Division of Field Services $24,036 [$24,361] $19,732
Division of Central Services and Records 9,840 [9,965] 8,072
Sec. 42. Section 28 of chapter 544, Statutes of Nevada 2019, at page 3349, is hereby amended to read as follows:
Sec. 28. Department of Public Safety.
For the support of the:
Training Division.............. $1,029,577 [$1,035,060] $578,796
Justice Grant........................... 308,235 [314,175] 273,271
Nevada Highway Patrol Division 82,498 [123,092] 0
Dignitary Protection........... 1,192,184 [1,212,337] 631,076
Investigation Division....... 6,338,580 [6,576,735] 5,983,286
Division of Emergency Management 465,742 [456,468] 403,475
State Board of Parole Commissioners 3,384,302 [3,427,032] 3,179,686
Division of Parole and Probation 55,296,803 [56,944,912] 46,755,728
Central Repository for Nevada Records of Criminal History 269,495 [276,725] 179,688
Child Volunteer Background Checks 15,087 [15,087] 0
State Fire Marshal.................. 353,234 [349,068] 242,675
Homeland Security................ 171,511 171,439
Nevada Office of Cyber Defense Coordination 529,562 [540,031] 487,796
κ2020 Statutes of Nevada, 31st Special Session, Page 55 (CHAPTER 5, AB 3)κ
Sec. 43. Section 29 of chapter 544, Statutes of Nevada 2019, at page 3350, is hereby amended to read as follows:
Sec. 29. Commission on Ethics.
2019-2020 2020-2021
For the support of the Commission on Ethics $245,698 [$244,951] $243,891
Sec. 44. Section 35 of chapter 544, Statutes of Nevada 2019, at page 3351, is hereby amended to read as follows:
Sec. 35. Of the amounts appropriated to the Governors Office of Science, Innovation and Technology by section 2 of [this act,] chapter 544, Statutes of Nevada 2019, at page 3341, $1,000,000 in Fiscal Year 2019-2020 and [$1,000,000] $594,973 in Fiscal Year 2020-2021 to fund broadband development and improvements for schools and libraries, are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for broadband development and improvements for schools and libraries.
Sec. 45. Section 38 of chapter 544, Statutes of Nevada 2019, at page 3352, is hereby amended to read as follows:
Sec. 38. Of the amounts appropriated to the Conservation and Natural Resources Administration budget account of the State Department of Conservation and Natural Resources by section 23 of [this act,] chapter 544, Statutes of Nevada 2019, at page 3348, $185,000 in Fiscal Year 2019-2020 and [$185,000] $120,000 in Fiscal Year 2020-2021 to fund contract services to update the Conservation Credit System Manual and Nevadas Scientific Methods Document and Habitat Quantification Tool, are available in both Fiscal Year 2019-2020 and 2020-2021, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for contract services to update the Conservation Credit System Manual and Nevadas Scientific Methods Document and Habitat Qualification Tool.
Sec. 46. Section 39 of chapter 544, Statutes of Nevada 2019, at page 3352, is hereby amended to read as follows:
Sec. 39. Of the amounts appropriated to the Department of Corrections by section 20 of [this act,] chapter 544, Statutes of Nevada 2019, at page 3347, $2,919,270 in Fiscal Year 2019-2020 and [$2,992,270] $1,542,270 in Fiscal Year 2020-2021, to fund the contract costs to provide housing for inmates out of state, are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon recommendation of the Governor. Any amount so transferred must be used to pay for the contract costs to provide housing for inmates out of state.
κ2020 Statutes of Nevada, 31st Special Session, Page 56 (CHAPTER 5, AB 3)κ
Sec. 47. Section 40 of chapter 544, Statutes of Nevada 2019, at page 3352, is hereby amended to read as follows:
Sec. 40. Of the amounts appropriated to the Department of Administration, Office of Grant Procurement, Coordination and Management by section 8 of [this act,] chapter 544, Statutes of Nevada 2019, at page 3342, $200,000 in Fiscal Year 2019-2020 [and $200,000 in Fiscal Year 2020-2021] to fund a grants management system [, are] is available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021, and may be transferred within the same budget account from [one fiscal year] Fiscal Year 2019-2020 to [the other] Fiscal Year 2020-2021 with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for a grants management system.
Sec. 48. Section 42 of chapter 544, Statutes of Nevada 2019, at page 3353, is hereby amended to read as follows:
Sec. 42. Of the amounts appropriated to the Office of the Military by section 18 of [this act,] chapter 544, Statutes of Nevada 2019, at page 3347, $352,400 in Fiscal Year 2019-2020 and [$518,206] $200,353 in Fiscal Year 2020-2021 to finance facilities maintenance projects approved for the Office of the Military are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the facilities maintenance projects as approved by the Legislature.
Sec. 49. Section 43 of chapter 544, Statutes of Nevada 2019, at page 3353, is hereby amended to read as follows:
Sec. 43. Of the amounts appropriated to the Office of the Military by section 18 of [this act,] chapter 544, Statutes of Nevada 2019, at page 3347, $500,000 in Fiscal Year 2019-2020 and [$500,000] $311,559 in Fiscal Year 2020-2021 to finance the establishment of the Nevada National Guard Youth Challenge program are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used for the establishment and operation of the Nevada National Guard Youth Challenge program as approved by the Legislature.
Sec. 50. Section 50 of chapter 544, Statutes of Nevada 2019, at page 3354, is hereby amended to read as follows:
Sec. 50. 1. The sums appropriated to the Legislative Fund by section 10 of [this act] chapter 544, Statutes of Nevada 2019, at page 3343, for the support of the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 . [, and] In Fiscal Year 2019-2020, the sums may be transferred among the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations [and from one fiscal year to the other] with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.
κ2020 Statutes of Nevada, 31st Special Session, Page 57 (CHAPTER 5, AB 3)κ
fiscal year to the other] with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.
2. The sums appropriated for the support of salaries and payroll costs must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.
Sec. 51. Section 77 of chapter 544, Statutes of Nevada 2019, at page 3361, is hereby amended to read as follows:
Sec. 77. 1. There is hereby appropriated from the State General Fund to the Department of Educations Educator Effectiveness budget account the sum of $2,000 in Fiscal Year 2019-2020 to administer the State Seal of Financial Literacy Program established pursuant to sections 3 and 4 of Senate Bill No. 314 of [this] the 2019 session.
2. There is hereby appropriated from the State General Fund to the Department of Educations Educator Effectiveness budget account the sum of $4,500 in Fiscal Year 2019-2020 to administer the Financial Literacy Month established pursuant to section 5 of Senate Bill No. 314 of [this] the 2019 session.
3. There is hereby appropriated from the State General Fund to the Department of Educations Educator Effectiveness budget account the sum of $15,000 in Fiscal Year 2019-2020 to administer and monitor the programs established pursuant to Senate Bill No. 314 of [this] the 2019 session.
4. There is hereby appropriated from the State General Fund to the Department of Educations Educator Effectiveness budget account to provide for administrative support to the State Financial Literacy Advisory Council established pursuant to section 5.5 of Senate Bill No. 314 of [this] the 2019 session the following [sums:] sum:
For the Fiscal Year 2019-2020................................................. $5,000
[For the Fiscal Year 2020-2021.............................................. $5,000]
5. There is hereby appropriated from the State General Fund to the Department of Educations Educator Effectiveness budget account to administer the parent and family engagement summit established pursuant to paragraph (a) of subsection 1 of section 5 of Senate Bill No. 314 of [this] the 2019 session the following [sums:] sum:
For the Fiscal Year 2019-2020................................................. $5,000
[For the Fiscal Year 2020-2021.............................................. $5,000]
6. There is hereby appropriated from the State General Fund to the Department of Educations Educator Effectiveness budget account to administer the annual summit established pursuant to section 7 of Senate Bill No. 314 of [this] the 2019 session the following [sums:] sum:
For the Fiscal Year 2019-2020................................................. $5,000
[For the Fiscal Year 2020-2021.............................................. $5,000]
7. Any balance of the sums appropriated by subsections 4, 5, or 6 that is unencumbered or unexpended at the end of [the respective fiscal years] Fiscal Year 2019-2020 does not revert to the State General Fund, must be carried forward to [the next fiscal year] Fiscal Year 2020-2021 and is hereby authorized for use in [the next fiscal year] Fiscal Year 2020-2021 for the purposes specified in subsection 4, 5 or 6, as applicable.
κ2020 Statutes of Nevada, 31st Special Session, Page 58 (CHAPTER 5, AB 3)κ
8. Any remaining balance of the appropriations made by subsections 1, 2 and 3 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
9. The sums appropriated by this section must be accounted for separately from any other money and used only for the purposes specified in this section.
Sec. 52. Section 31 of chapter 537, Statutes of Nevada 2019, at page 3293, is hereby amended to read as follows:
Sec. 31. 1. There is hereby appropriated from the State General Fund to the School Safety Account the following [sums:] sum:
For the Fiscal Year 2019-2020.......................................... $8,340,845
[For the Fiscal Year 2020-2021....................................... $8,404,930]
2. The Department of Education shall transfer from the appropriation made by subsection 1 to provide grants utilizing a competitive grant process based on demonstrated need, within the limits of legislative appropriation, to school districts and to charter schools for school safety facility improvements.
3. Any remaining balance of the appropriation made by subsection 1 [for Fiscal Year 2019-2020 must be added to the money appropriated for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year,] must not be committed for expenditure after June 30, [2021,] 2020, and must be reverted to the State General Fund on or before September [17, 2021.] 18, 2020.
Sec. 53. Section 36.5 of chapter 537, Statutes of Nevada 2019, at page 3293, is hereby amended to read as follows:
Sec. 36.5. 1. There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 the following sums:
For the Fiscal Year 2019-2020........................................ $35,081,155
For the Fiscal Year 2020-2021............. [$36,848,070] $35,800,534
2. The Department of Education shall transfer the sums of money identified in this subsection from the Account for Programs for Innovation and the Prevention of Remediation to school districts for block grants for the purpose of providing supplemental support to the operation of the school districts. The amount to be transferred for the fiscal year shown is:
κ2020 Statutes of Nevada, 31st Special Session, Page 59 (CHAPTER 5, AB 3)κ
2019-2020 2020-2021
Carson City School District $631,574 [$663,384] $644,525
Churchill County School District 255,461 [268,328] 260,700
Clark County School District 25,892,878 [27,197,012] 26,423,841
Douglas County School District 458,566 [481,662] 467,969
Elko County School District 772,986 [811,919] 788,837
Esmeralda County School District 5,551 [5,831] 5,665
Eureka County School District 21,379 [22,456] 21,818
Humboldt County School District 273,189 [286,949] 278,791
Lander County School District 78,860 [82,832] 80,478
Lincoln County School District 76,533 [80,388] 78,103
Lyon County School District 681,887 [716,231] 695,870
Mineral County School District 42,868 [45,027] 43,747
Nye County School District 410,922 [431,619] 419,348
Pershing County School District 53,244 [55,925] 54,335
Storey County School District 34,229 [35,953] 34,931
Washoe County School District 5,294,592 [5,561,262] 5,403,164
White Pine County School District 96,435 [101,292] 98,412
3. Any remaining balance of the transfers made by subsection 2 for Fiscal Year 2019-2020 must be added to the money transferred for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 2 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must be used for the purpose identified in subsection 2 and does not revert to the State General Fund.
Sec. 54. Section 13 of chapter 535, Statutes of Nevada 2019, at page 3266, is hereby amended to read as follows:
Sec. 13. 1. The Department of Education shall transfer the sums of money identified in this subsection from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 to school districts and the State Public Charter School Authority for block grants for the purposes described in subsection 2. The money must not be used for administrative expenditures of the Department of Education.
κ2020 Statutes of Nevada, 31st Special Session, Page 60 (CHAPTER 5, AB 3)κ
expenditures of the Department of Education. The amount to be transferred for the fiscal year shown is:
2019-2020 2020-2021
Carson City School District $321,107 [$321,107] $318,616
Churchill County School District 129,882 [129,882] 128,875
Clark County School District 13,164,542 [13,164,542] 13,062,426
Douglas County School District 233,145 [233,145] 231,337
Elko County School District 393,004 [393,004] 389,956
Esmeralda County School District 2,822 [2,822] 2,800
Eureka County School District 10,870 [10,870] 10,785
Humboldt County School District 138,896 [138,896] 137,818
Lander County School District 40,094 [40,094] 39,784
Lincoln County School District 38,911 [38,911] 38,610
Lyon County School District 346,687 [346,687] 343,998
Mineral County School District 21,795 [21,795] 21,626
Nye County School District 208,922 [208,922] 207,302
Pershing County School District 27,070 [27,070] 26,860
Storey County School District 17,403 [17,403] 17,268
Washoe County School District 2,691,893 [2,691,893] 2,671,013
White Pine County School District 49,030 [49,030] 48,649
State Public Charter School Authority 1,471,904 [1,471,904] 1,460,487
2. The money received by each school district and the State Public Charter School Authority pursuant to subsection 1 may be used for any of the following purposes:
(a) Providing incentives for new teachers;
(b) Carrying out any of the purposes for which a school district or charter school may apply for a grant from the Nevada Ready 21 Technology Program created by NRS 388.810;
(c) Carrying out any of the purposes for which a school district or charter school may apply for a grant from the Great Teaching and Leading Fund created by NRS 391A.500;
κ2020 Statutes of Nevada, 31st Special Session, Page 61 (CHAPTER 5, AB 3)κ
(d) Carrying out any program to provide assistance to teachers in meeting the standards for effective teaching, including, without limitation, through peer assistance and review;
(e) Purchasing library books;
(f) Supporting pupil career and technical organizations; and
(g) If the school district or charter school determines that the money received pursuant to subsection 1 would best be put to use by doing so, supporting the operations of the school district or charter school.
3. The money received by each school district and the State Public Charter School Authority pursuant to subsection 1:
(a) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(b) May not be used to adjust the district-wide schedule of salaries and benefits of the employees of a school district or the school-wide schedule of salaries and benefits of the employees of a charter school.
(c) Must not be budgeted by a school district or charter school in a manner that creates any obligation or deficit for funding in any fiscal year after the fiscal years for which the money was received.
4. The money transferred pursuant to subsection 1 must be accounted for separately by each school district and the State Public Charter School Authority. On or before November 1 of each year, each school district and the State Public Charter School Authority shall prepare a report detailing how all money received pursuant to subsection 1 was spent during the immediately preceding fiscal year and submit the report to the Director of the Legislative Counsel Bureau for transmission to the next session of the Legislature, if the report is submitted in an even-numbered year, or to the Legislative Commission, if the report is submitted in an odd-numbered year.
5. The money transferred pursuant to subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
6. Any remaining balance of the transfer made by subsection 1 for Fiscal Year 2019-2020 must be added to the money transferred for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfer made by subsection 1 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must be used for the purposes identified in subsection 2 and does not revert to the State General Fund.
Sec. 55. Section 4 of chapter 525, Statutes of Nevada 2019, at page 3142, is hereby amended to read as follows:
Sec. 4. 1. Expenditure of $31,237,533 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2019-2020.
κ2020 Statutes of Nevada, 31st Special Session, Page 62 (CHAPTER 5, AB 3)κ
2. Expenditure of [$31,333,875] $29,198,049 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2020-2021.
3. Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Nevada Gaming Control Board or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the Nevada Gaming Control Board or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
Sec. 56. Section 5 of chapter 525, Statutes of Nevada 2019, at page 3142, is hereby amended to read as follows:
Sec. 5. 1. Expenditure of $802,642 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2019-2020.
2. Expenditure of [$834,608] $808,145 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2020-2021.
3. Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Nevada Gaming Commission or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the Nevada Gaming Commission or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
Sec. 56.5. Section 10 of chapter 525, Statutes of Nevada 2019, at page 3144, is hereby amended to read as follows:
Sec. 10. 1. Except as otherwise provided in subsection 2 and sections 11, 14, 16, 17, 19, 21 and 22 of [this act and] chapter 525, Statutes of Nevada 2019, at page 3131, subsection 3 of section 12 of [this act,] chapter 525, Statutes of Nevada 2019, at page 3131, and section 118.5 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed during the 2019-2021 biennium by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
κ2020 Statutes of Nevada, 31st Special Session, Page 63 (CHAPTER 5, AB 3)κ
2. The provisions of subsection 1 do not apply to money received by the Supreme Court of Nevada from sources other than the State General Fund or the State Highway Fund during Fiscal Year 2020-2021.
Sec. 57. Section 14 of chapter 516, Statutes of Nevada 2019, at page 3096, is hereby amended to read as follows:
Sec. 14. 1. There is hereby appropriated from the State General Fund to the Office of Science, Innovation and Technology in the Office of the Governor for awarding grants to elementary schools in this State to promote equitable access to and increase the quality of programs designed to introduce and teach science, technology, engineering and mathematics the following [sums:] sum:
For the Fiscal Year 2019-2020............................................. $250,000
[For the Fiscal Year 2020-2021.......................................... $250,000]
2. There is hereby appropriated from the State General Fund to the Office of Science, Innovation and Technology in the Office of the Governor to create a grant program for awarding grants in this State through regional advisory boards in each of three regions of this State to fund activities and programs in this State designed to increase awareness of, promote the benefits of and carry out programs that reinforce education in science, technology, engineering and mathematics the following [sums:] sum:
For the Fiscal Year 2019-2020............................................. $300,000
[For the Fiscal Year 2020-2021.......................................... $300,000]
3. [The] Any remaining balance of the sums appropriated in subsections 1 and 2 [are available for either fiscal year. Any balance of those sums] must not be committed for expenditure after June 30, [2021,] 2020, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [17, 2021,] 18, 2020, by either entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [17, 2021.] 18, 2020.
Secs. 58-60. (Deleted by amendment.)
Sec. 61. Section 40.5 of chapter 478, Statutes of Nevada 2019, at page 2852, is hereby amended to read as follows:
Sec. 40.5. 1. There is hereby appropriated from the State General Fund to the Office of the Attorney General for the purpose of awarding grants of money to organizations that will use the grants to recruit and train persons to serve as sexual assault victims advocates the following [sums:] sum:
For the Fiscal Year 2019-2020............................................. $150,000
[For the Fiscal Year 2020-2021.......................................... $150,000]
2. The Office of the Attorney General may not use more than 10 percent of the money appropriated by subsection 1 to administer the grant program established by this section.
Sec. 62. Section 41.5 of chapter 478, Statutes of Nevada 2019, at page 2852, is hereby amended to read as follows:
Sec. 41.5. Any remaining balance of the [sums] sum appropriated by section 40.5 of [this act remaining at the end of the respective fiscal years] chapter 478, Statutes of Nevada 2019, at page 2852, must not be committed for expenditure after June 30 [of the respective fiscal years] , 2020, by the entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, [and September 17, 2021, respectively,] by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020 .
κ2020 Statutes of Nevada, 31st Special Session, Page 64 (CHAPTER 5, AB 3)κ
respective fiscal years] chapter 478, Statutes of Nevada 2019, at page 2852, must not be committed for expenditure after June 30 [of the respective fiscal years] , 2020, by the entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, [and September 17, 2021, respectively,] by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020 . [, and September 17, 2021, respectively.]
Sec. 63. (Deleted by amendment.)
Sec. 64. Section 5.5 of chapter 389, Statutes of Nevada 2019, at page 2450, is hereby amended to read as follows:
Sec. 5.5. 1. There is hereby appropriated from the State General Fund to the Department of Education for per diem allowance and travel expenses for members of the Nevada State Teacher Recruitment and Retention Advisory Task Force created by section 3 of [this act] chapter 389, Statutes of Nevada 2019, at page 2449, the following [sums:] sum:
For the Fiscal Year 2019-2020................................................. $7,692
[For the Fiscal Year 2020-2021.............................................. $7,692]
2. Any remaining balance of the [sums] sum appropriated by subsection 1 [remaining at the end of the respective fiscal years] must not be committed for expenditure after June 30 [of the respective fiscal years] , 2020, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, [and September 17, 2021, respectively,] by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020 . [, and September 17, 2021, respectively.]
Sec. 65. Section 5 of chapter 376, Statutes of Nevada 2019, at page 2371, is hereby amended to read as follows:
Sec. 5. 1. There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030:
For the Fiscal Year 2019-2020................................... $1,166,677,713
For the Fiscal Year 2020-2021.. [$1,162,939,824] $1,144,793,365
2. The money appropriated by subsection 1 must be:
(a) Expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget; and
(b) Work-programmed for the 2 separate fiscal years of the 2019-2021 biennium, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Director of the Office of Finance in the Office of the Governor.
κ2020 Statutes of Nevada, 31st Special Session, Page 65 (CHAPTER 5, AB 3)κ
3. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
4. The money appropriated by subsection 1 is available for either fiscal year or may be transferred to Fiscal Year 2018-2019. Money may be transferred from one fiscal year to another with the approval of the Governor upon the recommendation of the Director of the Office of Finance in the Office of the Governor. If any money appropriated by subsection 1 is transferred to Fiscal Year 2018-2019, any remaining funds in the State Distributive School Account after all obligations have been met that are not subject to reversion to the State General Fund must be transferred back to Fiscal Year 2019-2020. Any amount transferred back to Fiscal Year 2019-2020 must not exceed the amount originally transferred to Fiscal Year 2018-2019.
5. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2019-2020 must be transferred and added to the money appropriated for Fiscal Year 2020-2021 and may be expended as that money is expended.
6. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2020-2021, including any money added thereto pursuant to the provisions of subsections 3 and 5, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 66. Section 16 of chapter 376, Statutes of Nevada 2019, at page 2374, is hereby amended to read as follows:
Sec. 16. 1. The Department of Education shall transfer from the State Distributive School Account the sum of [$165,487,286] $147,340,827 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2020-2021 which must, except as otherwise provided in section 17 of [this act,] chapter 376, Statutes of Nevada 2019, at page 2374, be used to employ licensed teachers to comply with the required ratio of pupils to teachers in grades 1, 2 and 3, as set forth in subsection 1 of section 14 of [this act.] chapter 376, Statutes of Nevada 2019, at page 2373. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.
2. Except as otherwise provided in section 17 of [this act,] chapter 376, Statutes of Nevada 2019, at page 2374, the money transferred by subsection 1 must be used to pay the salaries and benefits of not less than 1,915 licensed teachers employed by school districts to meet the required pupil-teacher ratios in the 2020-2021 school year.
3. Any remaining balance of the money transferred by subsection 1, including any money added thereto pursuant to section 15 of [this act,] chapter 376, Statutes of Nevada 2019, at page 2374, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
κ2020 Statutes of Nevada, 31st Special Session, Page 66 (CHAPTER 5, AB 3)κ
Sec. 67. Section 19 of chapter 376, Statutes of Nevada 2019, at page 2375, is hereby amended to read as follows:
Sec. 19. 1. There is hereby appropriated from the State General Fund to the Other State Education Programs Account in the State General Fund the following sums:
For the Fiscal Year 2019-2020........................................ $91,939,398
For the Fiscal Year 2020-2021............. [$90,616,782] $41,177,978
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. Expenditure of $1,200,000 by the Department of Education from money in the Other State Education Programs Account that was not appropriated from the State General Fund is hereby authorized during Fiscal Year 2020-2021.
4. The Department of Education shall transfer from the Other State Education Programs Account the sum of $19,260,398 for [both] Fiscal Year 2019-2020 and the sum of $18,032,752 for Fiscal Year 2020-2021 for distribution by the Superintendent of Public Instruction to county school districts for the support of courses which are approved by the Department of Education as meeting the course of study for an adult standard high school diploma as approved by the State Board of Education. In each fiscal year of the 2019-2021 biennium, the sum transferred must be allocated among the various school districts in accordance with a plan or formula developed by the Department of Education to ensure that the money is distributed equitably and in a manner that permits accounting for the expenditures of school districts.
5. The Department of Education shall, not later than November 1, 2019, and November 1, 2020, provide a written report to the Governor, the Legislative Committee on Education and the Director of the Legislative Counsel Bureau that describes, for the immediately preceding fiscal year, each expenditure made from the amount transferred in subsection 3 of section 16 of chapter 394, Statutes of Nevada 2017, p. 2597 or in subsection 4, as applicable, and the performance results of the participants of the Adult High School Diploma program.
6. Any remaining balance of the allocations made by subsection 4 for Fiscal Year 2019-2020 must be added to the money received by the school districts for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the allocations made by subsection 4 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
7. The money appropriated by subsection 1 to finance specific programs as outlined in this subsection are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor as follows:
κ2020 Statutes of Nevada, 31st Special Session, Page 67 (CHAPTER 5, AB 3)κ
from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor as follows:
(a) A total of $49,285 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for reimbursement to public school teachers of the actual costs incurred for successful completion of the National Board Teacher Certification Program. Such reimbursement for each teacher must not exceed an amount equal to the actual verified costs incurred by the teacher or $2,000, whichever is less.
(b) A total of $3,640 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for reimbursement to school nurses of the actual examination cost for the successful completion of the National Board Certification for School Nurses.
(c) A total of $668,740 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 to add a 5-percent salary increment for Nationally Board Certified School Counselors and School Psychologists.
(d) A total of $449,142 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for LEA library books.
(e) A total of $13,543,822 in [both] Fiscal Year 2019-2020 and $12,543,822 in Fiscal Year 2020-2021 for the award of grants for programs of career and technical education pursuant to NRS 388.393 and, notwithstanding the provisions of subsections 1, 2 and 3 of NRS 388.392, not for the use of leadership and training activities and pupil organizations.
(f) A total of $5,106,645 in Fiscal Year 2019-2020 and [$4,201,645] $3,613,415 in Fiscal Year 2020-2021 for the Jobs for Americas Graduates Program. Of the total transferred in Fiscal Year 2019-2020 pursuant to this paragraph, an amount up to $1,200,000 may only be allocated by the Department of Education to the Jobs for Americas Graduates Program for expenditure upon determination that an equivalent match of money provided by other sources of funding received by the Jobs for Americas Graduates Program has been secured.
(g) A total of $850,000, with a maximum of $50,000 to each of the 17 school districts, in [both] Fiscal Year 2019-2020 [and Fiscal Year 2020-2021] to support special counseling services for elementary school pupils at risk of failure.
(h) A total of $18,798 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 to pay the increase of salaries of professional school library media specialists required by NRS 391.163.
(i) A total of $44,583 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for the Geographic Alliance in Nevada.
(j) A total of $106,998 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for vocational student organizations.
(k) A total of $750,000 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for the Nevada Institute on Teaching and Educator Preparation. This funding must be used only to carry out the provisions of NRS 396.5185.
(l) A total of $500,000 in [both] Fiscal Year 2019-2020 and $200,000 in Fiscal Year 2020-2021 to the Department of Education for transfer to the Clark County Public Education Foundation, Inc., for the implementation and operation of educational leadership training programs.
κ2020 Statutes of Nevada, 31st Special Session, Page 68 (CHAPTER 5, AB 3)κ
training programs. Expenditure of this money is contingent upon matching money being provided from sources other than the appropriation in subsection 1. The Department of Education shall not distribute any money for the implementation and operation of educational leadership training programs until an equivalent amount of matching money has been committed.
8. Upon acceptance of the money transferred pursuant to paragraph (l) of subsection 7, the Clark County Public Education Foundation, Inc. agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before September 18, 2020, that describes each expenditure made from the money transferred pursuant to paragraph (l) of subsection 7 from the date on which the money was received by the Clark County Public Education Foundation, Inc. through June 30, 2020;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money transferred pursuant to paragraph (l) of subsection 7 from the date on which the money was received by the Clark County Public Education Foundation, Inc. through June 30, 2021; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Clark County Public Education Foundation, Inc., regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money transferred pursuant to paragraph (l) of subsection 7.
9. Any remaining balance of the sums transferred in subsection 7 must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
10. Except as otherwise provided in subsections 6 and 9, unencumbered or unexpended balances of the appropriations made by this section for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsections 6 and 9, unencumbered or unexpended balances of these appropriations must revert to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 68. Section 21 of chapter 376, Statutes of Nevada 2019, at page 2378, is hereby amended to read as follows:
Sec. 21. 1. The Department of Education shall transfer from the Other State Education Programs Account the sum of $1,314,000 in [both] Fiscal Year 2019-2020 [and Fiscal Year 2020-2021] for incentive grants to public high schools for pupils who earn a college and career ready high school diploma, or reimbursement to a public high school or school district for costs associated with the administration or provision of an assessment, credential, certificate or certification required for receipt of a college and career ready high school diploma pursuant to NRS 390.605.
κ2020 Statutes of Nevada, 31st Special Session, Page 69 (CHAPTER 5, AB 3)κ
2. Any remaining balance of the [sums] sum transferred by subsection 1 must not be committed for expenditure after June 30 [of each fiscal year] , 2020, and must be reverted to the State General Fund on or before September 18, 2020 . [, and September 17, 2021, for each fiscal year respectively.]
Sec. 68.5. Section 22 of chapter 376, Statutes of Nevada 2019, at page 2378, is hereby amended to read as follows:
Sec. 22. 1. The Department of Education shall transfer from the Other State Education Programs Account the sum of $8,274,243 in [both] Fiscal Year 2019-2020 and the sum of $3,044,544 in Fiscal Year 2020-2021 for pupils enrolled in school districts and charter schools who qualify for gifted and talented education programs.
2. The money transferred by subsection 1 must be distributed on a per-pupil basis to pupils who have been identified as gifted and talented through a state-approved identification procedure and must receive at least 150 minutes per week during the school year of differentiated instruction delivered by a person licensed by the Department of Education to teach pupils who are gifted and talented, unless the pupils individualized educational program otherwise provides. The Department of Education shall calculate an amount of funding for each pupil identified as gifted and talented for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 by dividing the money appropriated by the Legislature for such pupils in Fiscal Year 2019-2020 and in Fiscal Year 2020-2021 by the total final count of such pupils in the immediately preceding fiscal year.
3. The money transferred by subsection 1 for pupils enrolled in school districts and charter schools who qualify for gifted and talented education programs:
(a) Must not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(b) Must not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
4. Any remaining balance of the sums transferred by subsection 1 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 69. Section 23 of chapter 376, Statutes of Nevada 2019, at page 2379, is hereby amended to read as follows:
Sec. 23. 1. The Department of Education shall transfer from the Other State Education Programs Account the following [sums] sum for a college and career readiness grant program:
For the Fiscal Year 2019-2020.......................................... $5,000,000
[For the Fiscal Year 2020-2021....................................... $5,000,000]
2. Except as otherwise provided in subsection 3, the money transferred by subsection 1 must be used by the Department of Education for awarding competitive grants to school districts and charter schools:
(a) To support dual enrollment for pupils enrolled in high schools, including, without limitation, charter schools, and simultaneously enrolled in college courses; and
κ2020 Statutes of Nevada, 31st Special Session, Page 70 (CHAPTER 5, AB 3)κ
(b) To create a competitive science, technology, engineering and mathematics grant program for pupils enrolled in middle schools and high schools, including, without limitation, charter schools, to assist those pupils in becoming college and career ready.
3. Of the money transferred by subsection 1, not more than $750,000 in [both] Fiscal Year 2019-2020 [and Fiscal Year 2020-2021] may be used by the Department of Education to provide competitive grants to school districts, charter schools and nonprofit organizations for the development and implementation of work-based learning pilot programs.
4. The money transferred by subsection 1:
(a) Must be accounted for separately from any other money received by the school districts, charter schools and nonprofit organizations and used only for the purposes specified in this section.
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
5. Any remaining balance of the [sums] sum transferred by subsection 1 for Fiscal Year 2019-2020 [and Fiscal Year 2020-2021] must not be committed for expenditure after June 30 [of each fiscal year] , 2020, and must be reverted to the State General Fund on or before September 18, 2020 . [, and September 17, 2021, for each fiscal year respectively.]
Sec. 70. Section 24 of chapter 376, Statutes of Nevada 2019, at page 2380, is hereby amended to read as follows:
Sec. 24. 1. The Department of Education shall transfer from the Other State Education Programs Account the following [sums] sum for underperforming schools:
For the Fiscal Year 2019-2020.......................................... $2,500,000
[For the Fiscal Year 2020-2021....................................... $2,500,000]
2. The money transferred by subsection 1 must be used by the Department of Education to provide grants and other financial support, within the limits of legislative appropriation, to public schools to improve the achievement of pupils required by NRS 385A.650 for any one or more of the following:
(a) Activities to replicate high poverty/high performing schools and high performing schools.
(b) To support a transition period until such time as an underperforming school is sustainable at a three-star level, as determined by the Department of Education pursuant to the statewide system of accountability for public schools.
(c) Other activities consistent with the approved federal plan for school improvement.
3. The money transferred pursuant to subsection 1:
(a) Must be accounted for separately from any other money received by the school districts and charter schools of this State and used only for the purposes specified in subsection 2.
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
κ2020 Statutes of Nevada, 31st Special Session, Page 71 (CHAPTER 5, AB 3)κ
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
4. Any remaining balance of the [sums] sum transferred by subsection 1 for Fiscal Year 2019-2020 [and Fiscal Year 2020-2021] must not be committed for expenditure after June 30 [of each fiscal year] , 2020, and must be reverted to the State General Fund on or before September 18, 2020 . [, and September 17, 2021, for each fiscal year respectively.]
Sec. 71. Section 25 of chapter 376, Statutes of Nevada 2019, at page 2380, is hereby amended to read as follows:
Sec. 25. 1. The Department of Education shall transfer from the Other State Education Programs Account the following [sums] sum for the Read by Grade 3 grant program:
For the Fiscal Year 2019-2020........................................ $31,454,516
[For the Fiscal Year 2020-2021..................................... $31,429,229]
2. The money transferred by subsection 1 must be used by the Department of Education to provide grants and other financial support, within the limits of legislative appropriation, to public schools to support school-based efforts to ensure that all pupils are proficient in the subject area of reading by the end of the third grade. Such school-based efforts may include, without limitation:
(a) Hiring or training learning strategists;
(b) Entering into contracts with vendors for the purchase of reading assessments, textbooks, computer software or other materials;
(c) Providing professional development for school personnel;
(d) Providing programs to pupils before and after school and during intercessions or summer school; and
(e) Providing other evidence-based literacy initiatives for pupils enrolled in kindergarten and grades 1, 2 and 3.
3. The board of trustees of a school district or the governing body of a charter school that receives a grant of money pursuant to subsection 2 shall:
(a) Set measurable performance objectives based on aggregated pupil achievement data; and
(b) Prepare and submit to the Department of Education, on or before September 1, 2020, for funding received from the state in Fiscal Year 2019-2020 , [and September 1, 2021, for funding received from the state in Fiscal Year 2020-2021,] a report that includes, without limitation:
(1) A description of the programs or services for which the money was used by each school; and
(2) The number of pupils who participated in a program or received services.
4. The Department of Education shall prepare a report that includes, without limitation:
(a) Identification of the schools that received an allocation of money by the school district or grant of money from the Department, as applicable;
(b) The amount of money received by each school;
(c) A description of the programs or services for which the money was used by each school;
κ2020 Statutes of Nevada, 31st Special Session, Page 72 (CHAPTER 5, AB 3)κ
(d) The number of pupils who participated in a program or received services;
(e) The average expenditure per pupil for each program or service;
(f) An evaluation of the effectiveness of the program or service, including, without limitation, data regarding the academic and linguistic achievement and proficiency of pupils who participated in such a program or received such services; and
(g) Any recommendations for legislation, including, without limitation, legislation to continue or expand programs or services that are identified as effective in improving the reading proficiency of pupils in kindergarten through grade 3.
5. On or before November 15, 2020, the Department shall submit the report prepared pursuant to subsection 4 and any recommendations made by the State Board of Education or the Legislative Committee on Education to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the 81st Session of the Nevada Legislature.
6. The money transferred pursuant to subsection 1:
(a) Must be accounted for separately from any other money received by the school districts and charter schools of this State and used only for the purposes specified in subsection 2.
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
7. Any remaining balance of the money transferred by subsection 1 [remaining at the end of the respective fiscal years] must not be committed for expenditure after June 30 [of each fiscal year] , 2020, and must be reverted to the State General Fund on or before September 18, 2020 . [, and September 17, 2021, respectively.]
Sec. 72. Section 26 of chapter 376, Statutes of Nevada 2019, at page 2381, is hereby amended to read as follows:
Sec. 26. 1. There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 the following sums:
For the Fiscal Year 2019-2020........................................ $49,950,000
For the Fiscal Year 2020-2021............. [$49,950,000] $49,448,225
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. The Department of Education shall transfer from the appropriation made by subsection 1 to the school districts specified in this subsection the following sums which must be used only to carry out the provisions of section 1 of Senate Bill No. 467 of [this] the 2019 session for Fiscal Year 2019-2020:
κ2020 Statutes of Nevada, 31st Special Session, Page 73 (CHAPTER 5, AB 3)κ
School District: 2019-2020
Clark County School District $37,981,010
Washoe County School District $6,917,574
4. Except as otherwise provided in subsection 5, the Department of Education shall calculate an amount of funding for each pupil identified as an English learner, as defined in NRS 385.007, for Fiscal Year 2020-2021, by dividing the money appropriated by subsection 1 for Fiscal Year 2020-2021 by the total final count of such pupils in Fiscal Year 2019-2020 and shall transfer the applicable sums to the school districts specified in subsection 3.
5. Of the sums appropriated by subsection 1, the Department of Education shall use not more than $5,051,416 in Fiscal Year 2019-2020 and the amount determined in subsection 4 other than the amounts determined for the Clark County School District and Washoe County School District in Fiscal Year 2020-2021, which must be used only to carry out the provisions of section 1 of Senate Bill No. 467 of [this] the 2019 session to provide grants of money to the State Public Charter School Authority and the school districts, other than the Clark County School District and the Washoe County School District. The board of trustees of a school district and the State Public Charter School Authority may submit an application to the Department on a form prescribed by the Department.
6. Any remaining balance of the transfers made by subsection 3 for Fiscal Year 2019-2020 must be added to the money transferred for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 4 for Fiscal Year 2020-2021, including any money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
7. Any remaining balance of the transfers made by subsection 5 for Fiscal Year 2019-2020 must be added to the money transferred for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfers made pursuant to subsection 5 for Fiscal Year 2020-2021, including any money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
8. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
κ2020 Statutes of Nevada, 31st Special Session, Page 74 (CHAPTER 5, AB 3)κ
Sec. 73. Section 28 of chapter 376, Statutes of Nevada 2019, at page 2383, is hereby amended to read as follows:
Sec. 28. 1. There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 the following sums:
For the Fiscal Year 2019-2020........................................ $21,768,829
For the Fiscal Year 2020-2021............. [$23,824,084] $21,976,755
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. The Department of Education shall transfer money from the appropriation made by subsection 1 to school districts and charter schools which must be used only to carry out the provisions of section 2 of Senate Bill No. 467 of [this] the 2019 session for Fiscal Year 2019-2020 and Fiscal Year 2020-2021, respectively.
4. Expenditure of $3,231,171 in Fiscal Year 2019-2020 and $1,175,916 in Fiscal Year 2020-2021 from money in the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 that was not appropriated from the State General Fund is hereby authorized for use to carry out the provisions of section 2 of Senate Bill No. 467 of [this] the 2019 session for Fiscal Year 2019-2020 and Fiscal Year 2020-2021, respectively.
5. A Victory School that attains a performance rating of three-stars or higher, and that would otherwise not be eligible to receive a Victory Schools grant pursuant to the current program requirements, may retain 50 percent of the Victory Schools grant funding received in the preceding year to sustain successful programs for each year of the 2019-2021 biennium.
6. Any remaining balance of the transfers made to carry out the provisions of section 2 of Senate Bill No. 467 of [this] the 2019 session for Fiscal Year 2019-2020 must be added to the money transferred for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfers made to carry out the provisions of section 2 of Senate Bill No. 467 of [this] the 2019 session for Fiscal Year 2020-2021, including any money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 74. Section 31 of chapter 376, Statutes of Nevada 2019, at page 2385, is hereby amended to read as follows:
Sec. 31. 1. There is hereby appropriated from the State General Fund to the Professional Development Programs Account:
For the Fiscal Year 2019-2020.......................................... $7,667,393
For the Fiscal Year 2020-2021................. [$7,667,393] $7,339,697
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
κ2020 Statutes of Nevada, 31st Special Session, Page 75 (CHAPTER 5, AB 3)κ
allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
Sec. 75. Section 32 of chapter 376, Statutes of Nevada 2019, at page 2385, is hereby amended to read as follows:
Sec. 32. 1. Of the sums appropriated by subsection 1 of section 31 of [this act,] chapter 376, Statutes of Nevada 2019, at page 2385, the Department of Education shall transfer to the school districts specified in this subsection the following sums for Fiscal Year 2019-2020 and Fiscal Year 2020-2021:
School District 2019-2020 2020-2021
Clark County School District $4,030,407 [$4,030,407] $3,855,876
Elko County School District $1,265,644 [$1,265,644] $1,210,837
Washoe County School District $2,271,342 [$2,271,342] $2,172,984
TOTAL: $7,567,393 [$7,567,393] $7,239,697
2. A school district that receives an allocation pursuant to subsection 1 shall serve as fiscal agent for the respective regional training program for the professional development of teachers and administrators. As fiscal agent, each school district is responsible for the payment, collection and holding of all money received from this State for the maintenance and support of the regional training program for the professional development of teachers and administrators and the Nevada Early Literacy Intervention Program established and operated by the applicable governing body.
3. Any remaining balance of the transfers made by subsection 1 for Fiscal Year 2019-2020 must be added to the money received by the school districts for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for Fiscal Year 2020-2021, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 76. Section 36 of chapter 376, Statutes of Nevada 2019, at page 2387, is hereby amended to read as follows:
Sec. 36. 1. There is hereby appropriated from the State General Fund to the Great Teaching and Leading Fund created by NRS 391A.500 the following sums:
For the Fiscal Year 2019-2020.......................................... $4,907,254
For the Fiscal Year 2020-2021................. [$4,907,254] $4,757,487
2. The Department of Education shall transfer from the Great Teaching and Leading Fund created by NRS 391A.500 the sum of $4,907,254 in Fiscal Year 2019-2020 and [$4,907,254] $4,757,487 in Fiscal Year 2020-2021 to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247. This funding must be used only to carry out the provisions of Assembly Bill No. 309 of [this] the 2019 session.
κ2020 Statutes of Nevada, 31st Special Session, Page 76 (CHAPTER 5, AB 3)κ
Sec. 77. Section 41 of chapter 376, Statutes of Nevada 2019, at page 2389, is hereby amended to read as follows:
Sec. 41. 1. There is hereby appropriated from the State General Fund to the Bullying Prevention Account created by NRS 388.1325 to provide bullying prevention grant funding to school districts:
For the Fiscal Year 2019-2020............................................... $45,000
[For the Fiscal Year 2020-2021............................................ $45,000]
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. Any remaining balance of the appropriation made by subsection 1 [for Fiscal Year 2019-2020 and Fiscal Year 2020-2021] must not be committed for expenditure after June 30 [of each fiscal year] , 2020, and must be reverted to the State General Fund on or before September 18, 2020 . [, and September 17, 2021, for each fiscal year respectively.]
Sec. 78. (Deleted by amendment.)
Sec. 79. Section 45 of chapter 376, Statutes of Nevada 2019, at page 2391, is hereby amended to read as follows:
Sec. 45. 1. There is hereby appropriated from the State General Fund to the Account for the New Nevada Education Funding Plan created by NRS 387.129 the following [sums:] sum:
For the Fiscal Year 2019-2020........................................ $69,937,000
[For the Fiscal Year 2020-2021..................................... $69,937,000]
2. This funding must be used only to carry out the provisions of NRS 387.131 to 387.139, inclusive. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. Expenditure of $22,044 in [both] Fiscal Year 2019-2020 [and Fiscal Year 2020-2021] from money in the Account for the New Nevada Education Funding Plan that was not appropriated from the State General Fund is hereby authorized for the New Nevada Education Funding Plan program to carry out the provisions of NRS 387.131 to 387.139, inclusive.
4. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and does not revert to the State General Fund.
κ2020 Statutes of Nevada, 31st Special Session, Page 77 (CHAPTER 5, AB 3)κ
Sec. 80. Section 46 of chapter 376, Statutes of Nevada 2019, at page 2392, is hereby amended to read as follows:
Sec. 46. 1. There is hereby appropriated from the State General Fund to the Teachers School Supplies Reimbursement Account created by NRS 387.1253 to reimburse teachers for out-of-pocket expenses incurred in connection with purchasing necessary school supplies for the pupils they instruct:
For the Fiscal Year 2019-2020.......................................... $4,499,000
[For the Fiscal Year 2020-2021....................................... $4,499,000]
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. Expenditure of $1,000 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 from money in the Teachers School Supplies Reimbursement Account that was not appropriated from the State General Fund is hereby authorized to reimburse teachers for out-of-pocket expenses incurred in connection with purchasing necessary school supplies for the pupils they instruct.
4. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and does not revert to the State General Fund.
Sec. 81. (Deleted by amendment.)
Sec. 82. 1. Notwithstanding any other provision of law to the contrary, upon approval of the Chief of the Budget Division of the Office of Finance, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, revisions in the following work programs must be processed and carried out, as soon as practicable, without further legislative approval:
(a) For the work program for Budget Account 101-2698, Department of Education - School Safety, by transferring $876,020 to Category 93, Reserve for Reversion, within that Account.
(b) For the work program for Budget Account 101-1325, Office of Finance, Office of the Governor - SMART 21, by transferring $5,265,000 to Category 93, Reserve for Reversion, within that Account.
(c) For the work program for Budget Account 101-4061, Nevada Gaming Control Board - Gaming Control Board, by transferring $3,947,460 to Category 93, Reserve for Reversion, within that Account.
(d) For the work program for Budget Account 101-3740, Department of Public Safety - Division of Parole and Probation, by transferring $675,449 to Category 93, Reserve for Reversion, within that Account.
(e) For the work program for Budget Account 101-4195, State Department of Conservation and Natural Resources - Division of Forestry, by transferring $257,670 to Category 93, Reserve for Reversion, within that Account.
κ2020 Statutes of Nevada, 31st Special Session, Page 78 (CHAPTER 5, AB 3)κ
(f) For the work program for Budget Account 101-4198, State Department of Conservation and Natural Resources - Forestry Conservation Camps, by transferring $120,790 to Category 93, Reserve for Reversion, within that Account.
(g) For the work program for Budget Account 201-4660, Department of Transportation - Transportation Administration, by transferring $1,800,000 to Category 93, Reserve for Reversion, within that Account.
(h) For the work program for Budget Account 101-3224, Department of Health and Human Services, Division of Public and Behavioral Health - Community Health Services, by transferring $112,000 to Category 93, Reserve for Reversion, within that Account.
(i) For the work program for Budget Account 101-3217, Department of Health and Human Services, Division of Public and Behavioral Health - Health Care Facilities Admin. Penalty, by transferring $100,000 to Category 93, Reserve for Reversion, within that Account.
(j) For the work program for Budget Account 525-3727, Department of Corrections - Prison Ranch, by transferring $350,000 to Category 93, Reserve for Reversion, within that Account.
(k) For the work program for Budget Account 525-3719, Department of Corrections - Prison Industry, by transferring $250,000 to Category 93, Reserve for Reversion, within that Account.
(l) For the work program for Budget Account 101-3170, Department of Health and Human Services, Division of Public and Behavioral Health - Behavioral Health Prev. & Treatment, by transferring $1,698,944 to Category 93, Reserve for Reversion, within that Account.
(m) For the work program for Budget Account 101-1047, Attorney General - State Settlements, by transferring $112,394 to Category 93, Reserve for Reversion, within that Account.
(n) For the work program for Budget Account 101-2719, Department of Education - District Support Services, by transferring $36,000 to Category 93, Reserve for Reversion, within that Account.
(o) For the work program for Budget Account 101-2943, Department of Tourism and Cultural Affairs - Nevada State Museum, Las Vegas, by transferring $2,000,000 to Category 93, Reserve for Reversion, within that Account.
(p) For the work program for Budget Account 101-1030, Attorney General - Administrative Budget Account, by transferring $1,309,152 to Category 93, Reserve for Reversion, within that Account.
2. Notwithstanding any other provision of law to the contrary, all money transferred to Category 93, Reserve for Reversion, from each budget account pursuant to subsection 1 must, as soon as practicable, be transferred to Budget Account 101-9015, Budget Reserve, and must be reverted to the State General Fund at the close of Fiscal Year 2020-2021, not later than September 17, 2021.
Sec. 83. The State Controller shall transfer the sum of $400,000 from the Account for Charter Schools created by NRS 388A.432 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 84. The State Controller shall transfer the sum of $6,000,000 from the Employment Security Fund created by NRS 612.615 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
κ2020 Statutes of Nevada, 31st Special Session, Page 79 (CHAPTER 5, AB 3)κ
the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 85. The State Controller shall transfer the sum of $1,063,168 from the Nevada Promise Scholarship Account created by NRS 396.9645 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 86. The State Controller shall transfer the sum of $375,000 from the Educational Trust Account created by subsection 8 of NRS 120A.610 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 87. The State Controller shall transfer the sum of $8,283,379 from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 88. The State Controller shall transfer the sum of $600,000 from the Grant Fund for Incentives for Licensed Educational Personnel created by NRS 391A.400 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 89. The State Controller shall transfer the sum of $21,204 from the Graffiti Reward Account created by NRS 206.340 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 90. The State Controller shall transfer the sum of $100,000 from the Construction Education Account created by NRS 624.580 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 91. The State Controller shall transfer the sum of $300,000 from the Severe Financial Emergency Fund created by NRS 354.721 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 92. The State Controller shall transfer the sum of $500,000 from the Tax on Liquor Program Account created by NRS 458.098 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 93. The State Controller shall transfer the sum of $133,181 from the Account to Restore the Sagebrush Ecosystem created by NRS 232.161 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
κ2020 Statutes of Nevada, 31st Special Session, Page 80 (CHAPTER 5, AB 3)κ
Sec. 94. The State Controller shall transfer the sum of $478,022 from the Small Business Enterprise Loan Account created by NRS 231.14095 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 95. The State Controller shall transfer the sum of $960,000 from the Fund for Insurance Premiums created by NRS 331.187 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 96. The State Controller shall transfer the sum of $8,000,000 from the Offenders Store Fund created by NRS 209.221 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 97. The State Controller shall transfer the sum of $9,000,000 from the Consolidated Bond Interest and Redemption Fund created by NRS 349.090 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 98. The State Controller shall transfer the sum of $16,851,440 from the Fund for a Healthy Nevada created by NRS 439.620 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 99. The State Controller shall transfer the sum of $7,000,000 from the Disaster Relief Account created by NRS 353.2735 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 100. The State Controller shall transfer the sum of $11,098,370 from the account created pursuant to paragraph (a) of subsection 1 of NRS 598.0975 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 101. The State Controller shall transfer the sum of $26,228,299 from the Contingency Account created by NRS 353.266 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 102. The State Controller shall transfer the sum of $29,822 from the Grant Matching Fund created by section 1.5 of chapter 575, Statutes of Nevada 2019, at page 3708, to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 103. The State Controller shall transfer the sum of $94,591 from the Great Teaching and Leading Fund created by NRS 391A.500, to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
κ2020 Statutes of Nevada, 31st Special Session, Page 81 (CHAPTER 5, AB 3)κ
to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 104. The State Controller shall transfer the sum of $1,868,043 from the Account for the New Nevada Education Funding Plan created by NRS 387.129 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 105. The State Controller shall transfer the sum of $1,000 from the Teachers School Supplies Assistance Account created by NRS 387.1253 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 106. The State Controller shall transfer the sum of $100,000 from the Account for Computer Education and Technology created by NRS 391.369 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 107. The State Controller shall transfer the sum of $2,000,000 from the Millennium Scholarship Trust Fund created by NRS 396.926 to Budget Account 101-9015, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.
Sec. 108. Notwithstanding any other provision of law to the contrary, transfers of money to Budget Account 101-9015, Budget Reserve, that are required pursuant to sections 83 to 107, inclusive, of this act must be made as soon as practicable when the money becomes available, and the balance of that money must be reverted to the State General Fund at the close of Fiscal Year 2020-2021, not later than September 17, 2021.
Sec. 109. In addition to the amount authorized in section 1 of chapter 525, Statutes of Nevada 2019, at page 3131, expenditure of $13,985,573 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2020-2021 by the Division of Welfare and Supportive Services of the Department of Health and Human Services for Budget Account 101-3233, Welfare Field Services, for personnel costs of certain workers under the Coronavirus Aid, Relief and Economic Security Act, Pub. Law 116-136.
Sec. 110. In addition to the amount authorized in section 1 of chapter 525, Statutes of Nevada 2019, at page 3131, expenditure of $780,972 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2020-2021 by the Division of Public and Behavioral Health of the Department of Health and Human Services for Budget Account 101-3161, Southern Nevada Adult Mental Health Services, for support of the Mobile Outreach Safety Team.
Sec. 111. In addition to the amount authorized in section 1 of chapter 525, Statutes of Nevada 2019, at page 3131, expenditure of $427,386 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2020-2021 by the Division of Public and Behavioral Health of the Department of Health and Human Services for Budget Account 101-3162, Northern Nevada Adult Mental Health Services, for support of the Mobile Outreach Safety Team.
κ2020 Statutes of Nevada, 31st Special Session, Page 82 (CHAPTER 5, AB 3)κ
Budget Account 101-3162, Northern Nevada Adult Mental Health Services, for support of the Mobile Outreach Safety Team.
Sec. 112. In addition to the amount authorized in section 1 of chapter 525, Statutes of Nevada 2019, at page 3131, expenditure of $27,368 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2020-2021 by the Division of Public and Behavioral Health of the Department of Health and Human Services for Budget Account 101-3219, Biostatistics and Epidemiology, for personnel costs of certain positions.
Sec. 113. In addition to the amount authorized in section 1 of chapter 525, Statutes of Nevada 2019, at page 3131, expenditure of $144,830 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2020-2021 by the Office of the State Treasurer for Budget Account 101-1080, State Treasurer, for personnel and operating expenditures.
Sec. 114. In addition to the amount authorized in section 1 of chapter 525, Statutes of Nevada 2019, at page 3131, expenditure of $27,657 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2020-2021 by the Department of Wildlife for Budget Account 101-4466, Diversity Division, for support of terrestrial restoration projects and nongame species management.
Sec. 115. In addition to the amount authorized in section 1 of chapter 525, Statutes of Nevada 2019, at page 3131, expenditure of $156,331 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2020-2021 by the Department of Wildlife for Budget Account 101-4467, Habitat, for work related to the federal National Environmental Policy Act and technical reviews and analyses of potential impacts to wildlife and associated habitats in Nevada.
Sec. 116. In addition to the amount authorized in section 1 of chapter 525, Statutes of Nevada 2019, at page 3131, expenditure of $300,000 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2020-2021 by the Department of Education for Budget Account 101-2673, Office of the Superintendent, for the personnel costs of certain workers.
Sec. 117. In addition to the amount authorized in section 1 of chapter 525, Statutes of Nevada 2019, at page 3131, expenditure of $85,787 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2020-2021 by the Department of Education for Budget Account 101-2675, Standards and Instructional Support, for the personnel costs of certain workers.
Sec. 117.5. 1. The Chief of the Budget Division of the Office of Finance created by NRS 223.400 shall transfer $50,000,000 from Budget Account 101-1327 to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247.
2. There is hereby authorized for expenditure the sum of $50,000,000 from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 by the Department of Education for the establishment of the grant program required by subsection 3. Such money must not be used for administrative expenditures of the Department of Education.
3. The Superintendent of Public Instruction shall establish a grant program for the purpose of awarding grants of the money authorized for expenditure pursuant to subsection 2 to school districts and charter schools in this State to develop and implement the capability to provide alternative intensive instruction, including, without limitation, providing Internet connectivity to pupils and developing and providing programs to mitigate deficits in educational attainment, to the categories of pupils identified by the Superintendent of Public Instruction pursuant to subsection 4 who are likely to develop the largest deficits in educational attainment as a result of the loss of in-person intensive instruction.
κ2020 Statutes of Nevada, 31st Special Session, Page 83 (CHAPTER 5, AB 3)κ
expenditure pursuant to subsection 2 to school districts and charter schools in this State to develop and implement the capability to provide alternative intensive instruction, including, without limitation, providing Internet connectivity to pupils and developing and providing programs to mitigate deficits in educational attainment, to the categories of pupils identified by the Superintendent of Public Instruction pursuant to subsection 4 who are likely to develop the largest deficits in educational attainment as a result of the loss of in-person intensive instruction. Grants awarded pursuant to such a program must be allocated on a per pupil basis for the number of pupils in each category of pupils identified by the Superintendent of Public Instruction pursuant to subsection 4 who are enrolled at the public schools in the school district or the charter school. The money awarded from a grant pursuant to this section must not be used for any expense incurred before March 1, 2020, or after December 30, 2020.
4. The Superintendent of Public Instruction shall identify the categories of pupils who are likely to develop the largest deficits in educational attainment as a result of the loss of in-person intensive instruction, which must include, without limitation:
(a) Elementary school pupils who exhibit a deficiency in the subject area of reading, including, without limitation, pupils identified pursuant to NRS 392.750 and pupils who are entitled to receive intervention services and intensive instruction pursuant to NRS 392.760;
(b) Pupils who are English learners, as defined in NRS 385.007;
(c) Pupils who are eligible for a free or reduced-price lunch pursuant to 42 U.S.C. §§ 1751 et seq.;
(d) Pupils who scored at or below the 25th percentile on an assessment of proficiency described in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 387.137 or, for a grade level for which such an assessment does not exist or does not provide sufficient information to identify all such pupils, are projected to be at or below the 25th percentile for proficiency by the Department of Education pursuant to subsection 2 of NRS 387.137;
(e) Pupils who attend a public school which is rated at or below the 10th percentile of lowest performing schools, as determined by the Department of Education pursuant to the statewide system of accountability for public schools; and
(f) Any other category of pupils that the Superintendent of Public Instruction determines to be likely to develop a disproportionate deficit in educational attainment as a result of the loss of in-person intensive instruction.
5. Money awarded under the grant program established pursuant to subsection 3 must not be used to support a pupil participating in a program of special education pursuant to NRS 388.419.
6. All money awarded under the grant program established pursuant to subsection 3 must be expended by the recipient of the money on or before December 30, 2020. Any remaining balance of the money must not be committed for expenditure on or after December 30, 2020, by the Department of Education or any entity to which the money is granted or otherwise transferred in any manner, and any portion of the money remaining must not be spent for any purpose after December 30, 2020, by either the Department of Education or the entity to which the money was subsequently granted or transferred, and must be reverted to Budget Account 101-1327.
κ2020 Statutes of Nevada, 31st Special Session, Page 84 (CHAPTER 5, AB 3)κ
7. The money authorized for expenditure pursuant to subsection 2 is not intended to finance ongoing expenditures of the Department of Education or any recipient of an award of money under the grant program established pursuant to subsection 3, and the expenditures financed with that money must not be included as base budget expenditures in the proposed budget for the Executive Department of the State Government for the 2021-2023 biennium.
8. The money awarded under the grant program established pursuant to subsection 3:
(a) Must be accounted for separately from any other money received by the school district or charter school and used only for the purposes specified in subsection 3.
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
Sec. 118. In addition to the amount authorized in section 1 of chapter 525, Statutes of Nevada 2019, at page 3131, expenditure of $121,131 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2020-2021 by the State Department of Agriculture for Budget Account 101-4545, Agriculture Registration/Enforcement, for the personnel costs of certain workers.
Sec. 118.5. In addition to the amount authorized in section 1 of chapter 525, Statutes of Nevada 2019, at page 3131, if the Division of Health Care Financing and Policy of the Department of Health and Human Services receives additional money not appropriated from the State General Fund or the State Highway Fund during Fiscal Year 2019-2020 or Fiscal Year 2020-2021 for the Nevada Medicaid budget or the Nevada Check-Up Program budget, the Division may accept the money in accordance with chapter 353 of NRS to support the Nevada Medicaid budget and the Nevada Check-Up Program budget.
Sec. 119. Notwithstanding the provisions of paragraph (b) of subsection 1 of NRS 353.288, the State Controller shall not make the transfer required by paragraph (b) of subsection 1 of NRS 353.288 during Fiscal Year 2020-2021 from the State General Fund to the Account to Stabilize the Operation of the State Government created by NRS 353.288.
Sec. 120. NRS 120A.610 is hereby amended to read as follows:
120A.610 1. Except as otherwise provided in subsections 4 to 8, inclusive, all abandoned property other than money delivered to the Administrator under this chapter must, within 2 years after the delivery, be sold by the Administrator to the highest bidder at public sale in whatever manner affords, in his or her judgment, the most favorable market for the property. The Administrator may decline the highest bid and reoffer the property for sale if the Administrator considers the bid to be insufficient.
2. Any sale held under this section must be preceded by a single publication of notice, not less than 21 days before sale, in a newspaper of general circulation in the county in which the property is to be sold. The Administrator may provide additional notice of any such sale at any time and in any manner that the Administrator selects.
3. The purchaser of property at any sale conducted by the Administrator pursuant to this chapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them.
κ2020 Statutes of Nevada, 31st Special Session, Page 85 (CHAPTER 5, AB 3)κ
previous holder and of all persons claiming through or under them. The Administrator shall execute all documents necessary to complete the transfer of ownership.
4. Except as otherwise provided in subsection 5, the Administrator need not offer any property for sale if the Administrator considers that the probable cost of the sale will exceed the proceeds of the sale. The Administrator may destroy or otherwise dispose of such property or may transfer it to:
(a) The Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or
(b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society.
Κ An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.
5. The Administrator shall transfer property to the Department of Veterans Services, upon its written request, if the property has military value.
6. Securities delivered to the Administrator pursuant to this chapter may be sold by the Administrator at any time after the delivery. Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:
(a) Over the counter at the prevailing price for that security at the time of sale; or
(b) By any other method the Administrator deems acceptable.
7. The Administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the Administrator, unless that property is a will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator. If no claims are filed for the property within that period and the Administrator determines that the probable cost of the sale of the property will exceed the proceeds of the sale, it may be destroyed.
8. All proceeds received by the Administrator from abandoned gift certificates must be accounted for separately in the Abandoned Property Trust Account in the State General Fund. At the end of each fiscal year, before any other money in the Abandoned Property Trust Account is transferred pursuant to NRS 120A.620, the balance in the subaccount created pursuant to this subsection, less any costs, service charges or claims chargeable to the subaccount, must be transferred to the Educational Trust Account, which is hereby created in the State General Fund. The money in the Educational Trust Account may be expended only as authorized by the Legislature [,] for any purpose, if it is in session, or by the Interim Finance Committee, if the Legislature is not in session, for educational purposes.
Sec. 121. NRS 209.221 is hereby amended to read as follows:
209.221 1. The Offenders Store Fund is hereby created as a special revenue fund. All money received for the benefit of offenders through contributions, and from other sources not otherwise required to be deposited in another fund, must be deposited in the Offenders Store Fund.
κ2020 Statutes of Nevada, 31st Special Session, Page 86 (CHAPTER 5, AB 3)κ
2. The Director shall:
(a) Keep, or cause to be kept, a full and accurate account of the Fund;
(b) Submit reports to the Board relative to money in the Fund as may be required from time to time; and
(c) Submit a monthly report to the offenders of the amount of money in the Fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected.
3. Except as otherwise provided in subsections 4 to 10, inclusive, money in the Offenders Store Fund, except interest earned upon it, must be expended for the welfare and benefit of all offenders [.] or for any other purpose authorized by the Legislature.
4. If necessary to cover a shortfall of money in the Prisoners Personal Property Fund, the Director may, after obtaining the approval of the Interim Finance Committee, authorize the State Controller to transfer money from the Offenders Store Fund to the Prisoners Personal Property Fund, and the State Controller shall make the transfer.
5. If an offender has insufficient money in his or her individual account in the Prisoners Personal Property Fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the Director shall authorize the State Controller to transfer sufficient money from the Offenders Store Fund to the appropriate account in the State General Fund to pay costs remaining unpaid, and the State Controller shall make the transfer. Any money so transferred must be accounted for separately. The Director shall cause the Offenders Store Fund to be reimbursed from the offenders individual account in the Prisoners Personal Property Fund, as money becomes available.
6. If the Department incurs costs related to state property that has been willfully damaged, destroyed or lost or incurs costs related to medical examination, diagnosis or treatment for an injury to an offender, the Director may authorize the State Controller to transfer money from the Offenders Store Fund to the appropriate account in the State General Fund to repay or defray those costs if:
(a) The Director has reason to believe that an offender caused the damage, destruction, loss or injury; and
(b) The identity of the offender is unknown or cannot be determined by the Director with reasonable certainty.
Κ The State Controller shall make the transfer if authorized by the Director. Any money transferred must be accounted for separately. If the identity of the offender is determined after money has been transferred, the Director shall cause the Offenders Store Fund to be reimbursed from the offenders individual account in the Prisoners Personal Property Fund, as money becomes available.
7. The Director may, with approval of the Board, establish by regulation criteria for a reasonable deduction from money credited to the Offenders Store Fund to repay or defray the costs relating to the operation and maintenance of the offenders store, coffee shop, gymnasium and correctional officers salaries for visitation posts where they exist in each facility. Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.
8. The Director may, with approval of the Board, establish by regulation a charge on the purchase of electronic devices by offenders to defray the costs relating to the operation of the devices. The Director shall utilize the proceeds collected from the charge established for operation of the devices to offset the energy costs of the facilities within the Department.
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utilize the proceeds collected from the charge established for operation of the devices to offset the energy costs of the facilities within the Department. Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.
9. The Director may, with approval of the Board, establish by regulation a charge on the use by offenders of videoconferencing equipment for conducting visits to defray the costs relating to the operation and maintenance of the equipment. The Director shall utilize the proceeds collected from the charge established for the operation and maintenance of the equipment to offset the costs of operating and maintaining the videoconferencing equipment and correctional officers salaries for posts for conducting visits by videoconference where the posts exist in each facility.
10. If an offender who has been assigned to a center for the purpose of making restitution is returned to an institution for committing an infraction of the regulations of the Department and the center has not been fully compensated for the cost of providing the offender with housing, transportation, meals, or medical or dental services at the center, the Director may authorize the State Controller to transfer money from the Offenders Store Fund to the appropriate account in the State General Fund to repay or defray those costs. The State Controller shall make the transfer if authorized by the Director. Any money transferred must be accounted for separately. The Director shall cause the Offenders Store Fund to be reimbursed from the offenders individual account in the Prisoners Personal Property Fund, as money becomes available.
11. If an offender has insufficient money in his or her individual account in the Prisoners Personal Property Fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the offender shall sign a statement under penalty of perjury concerning his or her financial situation. Such a statement must include, but is not limited to, the following information:
(a) The value of any interest the offender has in real estate;
(b) The value of the personal property of the offender;
(c) The assets in any bank account of the offender; and
(d) The employment status of the offender.
12. The statement required by subsection 11 must also authorize the Department to access any relevant document, for the purpose of verifying the accuracy of the information provided by the offender pursuant to this section, including, but not limited to, information regarding any bank account of the offender, information regarding any bank account held in trust for the offender and any federal income tax return, report or withholding form of the offender.
13. An offender who conceals assets from the Department or provides false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.
14. A person who aids or encourages an offender to conceal assets from the Department or to provide false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.
Sec. 122. NRS 231.14095 is hereby amended to read as follows:
231.14095 1. The Small Business Enterprise Loan Account is hereby created in the State General Fund as a revolving loan account. The Account must be administered by the Office.
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2. All interest and income earned on the money in the Account must be credited to the Account.
3. 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.
4. Money in the Account must be used by the Office to develop and carry into effect the program developed by the Office pursuant to NRS 231.1409 [.] or for any other purpose authorized by the Legislature.
5. Claims against the Account must be paid as other claims against the agency are paid.
6. The Office may apply for and accept gifts, grants, bequests and donations from any source for deposit in the Account.
Sec. 123. NRS 232.161 is hereby amended to read as follows:
232.161 1. The Account to Restore the Sagebrush Ecosystem is hereby created in the State General Fund. The Director shall administer the Account in a manner consistent with policies and priorities established by the Sagebrush Ecosystem Council created by NRS 232.162.
2. The Director may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account.
3. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Money that remains in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
4. The money in the Account may only be used [to] :
(a) To establish and carry out programs to preserve, restore and enhance sagebrush ecosystems pursuant to NRS 321.592 and 321.594 and is hereby authorized for expenditure as a continuing appropriation for this purpose.
(b) For any other purpose authorized by the Legislature.
5. Claims against the Account must be paid as other claims against the State are paid.
Sec. 123.5. NRS 284.350 is hereby amended to read as follows:
284.350 1. Except as otherwise provided in subsections 2, 3 and 4, an employee in the public service, whether in the classified or unclassified service, is entitled to annual leave with pay of 1 1/4 working days for each month of continuous public service. The annual leave may be cumulative from year to year not to exceed [30] 40 working days. The Commission may by regulation provide for additional annual leave for long-term employees and for prorated annual leave for part-time employees.
2. Except as otherwise provided in this subsection, any annual leave in excess of [30] 40 working days must be used before January 1 of the year following the year in which the annual leave in excess of [30] 40 working days is accumulated or the amount of annual leave in excess of [30] 40 working days is forfeited on that date. If an employee:
(a) On or before October 15, requests permission to take annual leave; and
(b) The employees request for leave is denied in writing for any reason,
Κ the employee is entitled to payment for any annual leave in excess of [30] 40 working days which the employee requested to take and which the employee would otherwise forfeit as the result of the denial of the employees request, unless the employee has final authority to approve use of the employees own accrued leave and the employee received payment pursuant to this subsection for any unused annual leave in excess of [30] 40 working days accumulated during the immediately preceding calendar year.
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of the employees own accrued leave and the employee received payment pursuant to this subsection for any unused annual leave in excess of [30] 40 working days accumulated during the immediately preceding calendar year. The payment for the employees unused annual leave must be made to the employee not later than January 31.
3. Officers and members of the faculty of the Nevada System of Higher Education are entitled to annual leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.
4. The Commission shall establish by regulation a schedule for the accrual of annual leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of annual leave at the same rate proportionately as employees who work a 40-hour week accrue annual leave.
5. No elected state officer may be paid for accumulated annual leave upon termination of the officers service.
6. During the first 6 months of employment of any employee in the public service, annual leave accrues as provided in subsection 1, but no annual leave may be taken during that period.
7. No employee in the public service may be paid for accumulated annual leave upon termination of employment unless the employee has been employed for 6 months or more.
8. Upon the request of an employee, the appointing authority of the employee may approve the reduction or satisfaction of an overpayment of the salary of the employee that was not obtained by the fraud or willful misrepresentation of the employee with a corresponding amount of the accrued annual leave of the employee.
Sec. 124. NRS 331.187 is hereby amended to read as follows:
331.187 1. There is created in the State Treasury the Fund for Insurance Premiums as an internal service fund to be maintained for use by the Risk Management Division of the Department of Administration and the Attorney General.
2. Each state agency shall deposit in the Fund:
(a) An amount equal to its insurance premium and other charges for potential liability, self-insured claims, other than self-insured tort claims, and administrative expenses, as determined by the Risk Management Division; and
(b) An amount for self-insured tort claims and expenses related to those claims, as determined by the Attorney General.
3. Each county shall deposit in the Fund an assessment for the employees of the district court of that county, excluding district judges, unless the county enters into a written agreement with the Attorney General to:
(a) Hold the State of Nevada harmless and assume liability and costs of defense for the employees of the district court;
(b) Reimburse the State of Nevada for any liability and costs of defense that the State of Nevada incurs for the employees of the district court; or
(c) Include the employees of the district court under the countys own insurance or other coverage.
4. [Expenditures from the Fund must be made] Money in the Fund must be used for any purpose authorized by the Legislature or for expenditures by the Risk Management Division or the Attorney General to an insurer for premiums of state agencies as they become due or for deductibles, self-insured property and tort claims or claims pursuant to NRS 41.0349.
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deductibles, self-insured property and tort claims or claims pursuant to NRS 41.0349. If the money in the Fund is insufficient to pay a tort claim, it must be paid from the Reserve for Statutory Contingency Account.
5. As used in this section:
(a) Assessment means an amount determined by the Risk Management Division and the Attorney General to be equal to the share of a county for:
(1) Applicable insurance premiums;
(2) Other charges for potential liability and tort claims; and
(3) Expenses related to tort claims.
(b) State agency includes, without limitation, a part-time or full-time board, commission or similar body of the State which is created by law.
Sec. 125. NRS 387.1253 is hereby amended to read as follows:
387.1253 1. The Teachers School Supplies Assistance Account is hereby created in the State General Fund. The Department shall administer the Account.
2. The money in the Account must be invested as other money of the State is invested. All interest and income earned on the money in the Account must be credited to the Account.
3. The money in the Account must be used only for the purposes specified in NRS 387.1255 [.] or for any other purpose authorized by the Legislature.
4. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward.
5. The Department may accept gifts, grants, bequests and donations from any source for deposit in the Account.
Sec. 126. NRS 387.129 is hereby amended to read as follows:
387.129 1. The Account for the New Nevada Education Funding Plan is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 2. The interest and income earned on the sum of:
(a) The money in the Account; and
(b) Unexpended appropriations made to the Account from the State General Fund,
Κ must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
2. The money in the Account may only be used for public schools and public education pursuant to NRS 387.129 to 387.139, inclusive [.] or for any other purpose authorized by the Legislature.
3. The board of trustees of each school district and the sponsor of each charter school shall establish a special revenue fund and direct that the money the board of trustees or sponsor receives pursuant to NRS 387.131 be deposited in the special revenue fund. Money in the special revenue fund must not be commingled with money from other sources. The board of trustees or the sponsor, as applicable, shall disburse money in the special revenue fund to public schools in the school district or sponsored by the sponsor, as applicable, in accordance with NRS 387.131. The money in the special revenue fund:
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(a) Must be used only as provided in NRS 387.133;
(b) Must not be used to settle or arbitrate disputes between a recognized organization representing employees of the school district or the governing body of the charter school and the school district or governing body, as applicable, to settle any negotiation or to adjust the schedules of salaries and benefits of the employees of a school district or charter school, as applicable; and
(c) Which remains in the special revenue fund at the end of a fiscal year reverts to the Account for the New Nevada Education Funding Plan.
Sec. 127. NRS 391.369 is hereby amended to read as follows:
391.369 1. The Account for Computer Education and Technology is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant and in accordance with regulations adopted pursuant to subsection 2. The interest and income earned on the sum of money in the Account and any unexpended appropriations made to the Account from the State General Fund must be credited to the Account. Any money remaining in the Account does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
2. Except as otherwise provided in subsection 1, the money in the Account may be used only for providing or reimbursing the cost of training in computer literacy and computer science pursuant to NRS 391.365 and 396.5199 [.] or for any other purpose authorized by the Legislature. The State Board shall adopt regulations governing the distribution of money in the Account for [this purpose.] providing or reimbursing the cost of training in computer literacy and computer science pursuant to NRS 391.365 and 396.5199.
Sec. 128. NRS 391A.400 is hereby amended to read as follows:
391A.400 1. There is hereby created the Grant Fund for Incentives for Licensed Educational Personnel to be administered by the Department. The Department may accept gifts and grants from any source for deposit in the Grant Fund. Money in the Grant Fund must be used to provide grants pursuant to this section or for any other purpose authorized by the Legislature.
2. The board of trustees of each school district shall establish a program of incentive pay for licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level which must be designed to attract and retain those employees. The program must be negotiated pursuant to chapter 288 of NRS and must include, without limitation, the attraction and retention of:
(a) Licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level who have been employed in that category of position for at least 5 years in this State or another state and who are employed in schools which are at-risk, as determined by the Department pursuant to subsection 8; and
(b) Teachers who hold a license or endorsement in the field of mathematics, science, special education, English as a second language or other area of need within the school district, as determined by the Superintendent of Public Instruction.
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3. A program of incentive pay established by a school district must specify the type of financial incentives offered to the licensed educational personnel. Money available for the program must not be used to negotiate the salaries of individual employees who participate in the program.
4. If the board of trustees of a school district wishes to receive a grant of money from the Grant Fund, the board of trustees shall submit to the Department an application on a form prescribed by the Department. The application must include a description of the program of incentive pay established by the school district.
5. The Superintendent of Public Instruction shall compile a list of the financial incentives recommended by each school district that submitted an application. On or before December 1 of each year, the Superintendent shall submit the list to the Interim Finance Committee for its approval of the recommended incentives.
6. After approval of the list of incentives by the Interim Finance Committee pursuant to subsection 5 and within the limits of money available in the Grant Fund, the Department shall provide grants of money to each school district that submits an application pursuant to subsection 4 based upon the amount of money that is necessary to carry out each program. If an insufficient amount of money is available to pay for each program submitted to the Department, the amount of money available must be distributed pro rata based upon the number of licensed employees who are estimated to be eligible to participate in the program in each school district that submitted an application.
7. An individual employee may not receive as a financial incentive pursuant to a program an amount of money that is more than $3,500 per year.
8. The Department shall, in consultation with representatives appointed by the Nevada Association of School Superintendents and the Nevada Association of School Boards, develop a formula for identifying at-risk schools for purposes of this section. The formula must be developed on or before July 1 of each year and include, without limitation, the following factors:
(a) The percentage of pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.;
(b) The transiency rate of pupils;
(c) The percentage of pupils who are English learners;
(d) The percentage of pupils who have individualized education programs; and
(e) The percentage of pupils who drop out of high school before graduation.
9. The board of trustees of each school district that receives a grant of money pursuant to this section shall evaluate the effectiveness of the program for which the grant was awarded. The evaluation must include, without limitation, an evaluation of whether the program is effective in recruiting and retaining the personnel as set forth in subsection 2. On or before December 1 of each year, the board of trustees shall submit a report of its evaluation to the:
(a) Governor;
(b) State Board;
(c) Interim Finance Committee;
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(d) If the report is submitted in an even-numbered year, Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and
(e) Legislative Committee on Education.
Sec. 129. NRS 391A.500 is hereby amended to read as follows:
391A.500 1. The Great Teaching and Leading Fund is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent may accept gifts and grants from any source for deposit in the Fund. Any money from such gifts and grants must be expended only in accordance with the terms and conditions of the gift or grant, or in accordance with NRS 391A.500 to 391A.515, inclusive.
2. The interest and income earned on:
(a) Money in the Fund, after deducting any applicable charges; and
(b) Unexpended appropriations made to the Fund from the State General Fund,
Κ must be credited to the Fund.
3. Any money in the Fund and any unexpended appropriations made to the Fund from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Fund must be carried forward to the next fiscal year.
4. The money in the Fund may only be used for public schools and public education, as authorized by the Legislature and in accordance with the priorities of programs prescribed by the State Board pursuant to subsection 4 of NRS 391A.505 [.] , or for any other purpose authorized by the Legislature.
Sec. 130. NRS 396.9645 is hereby amended to read as follows:
396.9645 1. The Nevada Promise Scholarship Account is hereby created in the State General Fund. The Account must be administered by the State Treasurer.
2. The interest and income earned on:
(a) The money in the Account, after deducting any applicable charges; and
(b) Unexpended appropriations made to the Account from the State General Fund,
Κ must be credited to the Account.
3. Any money remaining in the Account at the end of a fiscal year, including, without limitation, any unexpended appropriations made to the Account from the State General Fund, does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
4. The State Treasurer may accept gifts and grants of money from any source for deposit in the Account.
5. The money in the Account may only be used to distribute money to the Board of Regents for the purpose of awarding Nevada Promise Scholarships to students who are eligible to receive such scholarships under the provisions of NRS 396.9665 [.] or for any other purpose authorized by the Legislature.
Sec. 131. NRS 458.098 is hereby amended to read as follows:
458.098 1. The Tax on Liquor Program Account is hereby created in the State General Fund.
2. Money in the Account that is received pursuant to NRS 369.174 must be used for the purposes specified in NRS 458.097 [.] or for any other purpose authorized by the Legislature.
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3. All claims must be approved by the Administrator before they are paid.
Sec. 131.1. 1. Notwithstanding any provision of law to the contrary:
(a) A participating state agency is required to pay the States share of the cost of premiums or contributions for group insurance to the Public Employees Benefits Program for only 11 months of Fiscal Year 2020-2021 for each permanent, full-time state officer or employee who elects to participate in the Program or person who retires with state service and who elects to continue to participate in the Program.
(b) No increase in deductions from the compensation of such a state officer or employee, or from the retirement benefit of such a retired person from the Public Employees Retirement System, for the cost of his or her premiums or contributions for group insurance may result from the provisions of paragraph (a).
2. Each participating state agency shall determine the amount of money from its appropriations or authorizations that it would have paid to the Public Employees Benefits Program for the one month of Fiscal Year 2020-2021 for which it is not required to make payments to the Program. Upon approval of the Chief of the Budget Division of the Office of Finance, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, revisions in the work programs for Fiscal Year 2020-2021 for those participating state agencies must be processed and carried out without further approval by the Legislature or the Interim Finance Committee, to transfer any amount of money determined by the participating state agency pursuant to this subsection for which the source is the State General Fund or the State Highway Fund to Category 93, Reserve for Reversion, within the appropriate account of the participating state agency.
3. Any amount of money which a participating state agency determines pursuant to subsection 2 that:
(a) It would have paid to the Public Employees Benefits Program for the one month of Fiscal Year 2020-2021 for which it is not required to make payments to the Program; and
(b) Is derived from a source other than the State General Fund or the State Highway Fund,
Κ must not be transferred to Category 93, Reserve for Reversion, and remains authorized for expenditure in the existing budget account of the participating state agency.
4. Notwithstanding any other provision of law to the contrary, all money transferred to Category 93, Reserve for Reversion, pursuant to subsection 2 must, as soon as practicable, be transferred to Budget Account 101-9015, Budget Reserve, and must be reverted to the State General Fund on or before September 17, 2021.
5. As used in this section, participating state agency means a department, commission, board, bureau or other agency of the Executive, Legislative or Judicial Department of the State Government, including, without limitation, the Public Employees Retirement System, the Nevada System of Higher Education and a regulatory body, as defined in NRS 622.060.
Sec. 131.2. 1. Except as otherwise provided in section 131.4 of this act:
(a) For the period beginning on January 1, 2021, and ending on June 30, 2021, each employee of the State shall:
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(1) If he or she is a full-time employee, take 48 hours of unpaid furlough leave during the fiscal year.
(2) If he or she is employed less than full time, take a number of hours of unpaid furlough leave during the fiscal year which is equal to the average number of hours worked per working day multiplied by 6.
(b) Except as otherwise provided in subsections 4 and 5, the requirements in paragraph (a) apply to all Departments of the State Government and includes the Nevada System of Higher Education, the Public Employees Retirement System and all other entities of the State Government.
2. Furlough leave pursuant to this section must be scheduled and approved in the same manner as other leave. Notwithstanding any statute or regulation to the contrary and except as otherwise provided pursuant to subsections 3 and 4, an employee who is on furlough leave is considered to have worked that day or portion of a day, as applicable, for all purposes except payment of salary and determination of overtime, including without limitation:
(a) Accrual of sick and annual leave;
(b) Determining the employees pay progression date;
(c) The duration of a probationary period;
(d) Determining eligibility for holiday pay if the shift immediately precedes a holiday;
(e) Seniority for all purposes, including layoffs;
(f) The Public Employees Benefits Program; and
(g) The Public Employees Retirement System, including for the purposes of contributions to the System, subject to the requirements of sections 131.3 and 131.4 of this act.
3. Except as otherwise provided in subsection 4, the Personnel Commission shall adopt regulations to carry out the provisions of this section for the employees of the Executive Department of the State Government.
4. For the purposes of this section:
(a) The Board of Regents of the University of Nevada shall determine and implement the method by which the professional employees of the Nevada System of Higher Education will participate in the requirements pertaining to furlough leave pursuant to this section.
(b) The Public Employees Retirement Board shall determine and implement the method by which the employees of the Public Employees Retirement System will participate in the requirements pertaining to furlough leave pursuant to this section.
(c) The Supreme Court of Nevada shall determine and implement the method by which the employees of the Judicial Department of the State Government will participate in the requirements pertaining to furlough leave pursuant to this section.
(d) The Legislative Commission shall determine and implement the method by which the employees of the Legislative Department of the State Government will participate in the requirements pertaining to furlough leave pursuant to this section.
5. The requirements of this section do not apply to employees of the Department of Tourism and Cultural Affairs whose standard workweek is 32 hours or less.
Sec. 131.3. 1. It is the intent of the Legislature to establish a program whereby employees of the State and other participating employers who take furlough leave due to extreme fiscal need, including employees required to take furlough leave pursuant to section 131.2 of this act, be held harmless in the accumulation of retirement service credit and reported salary pursuant to chapter 286 of NRS.
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furlough leave due to extreme fiscal need, including employees required to take furlough leave pursuant to section 131.2 of this act, be held harmless in the accumulation of retirement service credit and reported salary pursuant to chapter 286 of NRS.
2. Except as otherwise required as a result of NRS 286.537 and notwithstanding the provisions of NRS 286.481, an employee is entitled to receive full service credit for time taken as furlough leave pursuant to the program established pursuant to section 131.2 of this act if:
(a) The employee does not take more than 48 hours of furlough leave in the fiscal year; and
(b) The public employer certifies to the System that the employer is participating in the furlough program established pursuant to section 131.2 of this act and that the furlough leave which is reported for the employee is taken in accordance with the requirements of section 131.2 of this act.
3. In any month in which a day, or a portion of a day, of furlough leave is taken, an employee is entitled to receive full-time service credit for the furlough leave in accordance with the normal workday for the employee. An employee who is less than full time is entitled to service credit in the same manner and to the same extent as though the employee had worked the hours taken as furlough leave.
4. When a member is on furlough leave pursuant to the program certified by the public employer in accordance with this section, the public employer must:
(a) Include all information required by the System on the public employers regular monthly retirement report as provided in NRS 286.460; and
(b) Pay all required employer and employee contributions to the System based on the compensation that would have been paid to the member but for the members participation in the program. The public employer may recover from the employee the amount of the employee contributions set forth in NRS 286.410.
5. Service credit under the program established pursuant to this section must be computed according to the fiscal year.
6. As used in this section:
(a) Member has the meaning ascribed to it in NRS 286.050.
(b) Public employer has the meaning ascribed to it in NRS 286.070.
(c) System means the Public Employees Retirement System.
Sec. 131.4. 1. It is the intent of the Legislature to limit exceptions to the requirement of furlough leave for employees of the State pursuant to section 131.2 of this act to identified areas of critical need. If an employer participating in the program established pursuant to section 131.2 of this act determines that a position cannot be subject to furlough leave because of the need to provide appropriate services that are necessary to the protection of public health, safety and welfare, the governing body of the agency must make findings on the record in a public meeting that:
(a) The position is necessary to the protection of public health, safety or welfare;
(b) The public health, safety or welfare will be significantly diminished if mandatory furlough leave is implemented for employees in these positions; and
(c) No alternatives exist to provide for the protection of public health, safety or welfare.
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2. For the purposes of subsection 1:
(a) Except as otherwise provided in this subsection, the State Board of Examiners shall determine positions within the Executive Department of the State Government that cannot be subject to furlough leave.
(b) The Board of Regents of the University of Nevada shall determine positions within the Nevada System of Higher Education that cannot be subject to furlough leave.
(c) The Public Employees Retirement Board shall determine positions within the Public Employees Retirement System that cannot be subject to furlough leave.
(d) The Supreme Court of Nevada shall determine positions within the Judicial Department of the State Government that cannot be subject to furlough leave.
(e) The Legislative Commission shall determine positions within the Legislative Department of the State Government that cannot be subject to furlough leave.
3. The entities described in subsection 2 shall report to the Interim Finance Committee on a quarterly basis all positions that have been determined not to be subject to furlough leave pursuant to this section and the reasons for such determinations.
4. If the position of an employee is determined not to be subject to furlough leave pursuant to this section, the salary of the employee must be reduced by 4.6 percent for the portion of the period beginning on January 1, 2021, and ending on June 30, 2021, during which the position is not subject to furlough leave.
Sec. 131.5. 1. Except as otherwise provided in subsection 2, upon approval of the Chief of the Budget Division of the Office of Finance, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, revisions in the work programs for Fiscal Year 2020-2021 to implement the provisions of sections 131.2, 131.3 and 131.4 of this act must be processed and carried out without further approval by the Legislature or the Interim Finance Committee, to transfer the amounts determined to implement those provisions to Category 93, Reserve for Reversion, within the appropriate account of the state agency.
2. If any amount of the money to implement the provisions of sections 131.2, 131.3 and 131.4 of this act is derived from a source other than the State General Fund or the State Highway Fund, such money must not be transferred to Category 93, Reserve for Reversion, and remains authorized for expenditure in the existing budget account of the state agency.
3. Notwithstanding any other provision of law to the contrary, all money transferred to Category 93, Reserve for Reservation, pursuant to subsection 1 must, as soon as practicable, be transferred to Budget Account 101-9015, Budget Reserve, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 131.6. If the State of Nevada receives from the Federal Government on or after the effective date of this section money that the State of Nevada is authorized to use to offset state revenue shortfalls in Fiscal Year 2020-2021, including, without limitation, staff support and targeted pandemic response programs, or money as a result of the enactment of a state law that reduces the amount of the deductions subtracted from the gross yield of a mining operation to determine the amount of the net proceeds of the mining operation that are taxable pursuant to NRS 362.100 to 362.240, inclusive, the Chief of the Budget Division of the Office of Finance created by NRS 223.400 shall disburse the money in accordance with the provisions of chapter 353 of NRS in the following order of priority, as money is available:
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inclusive, the Chief of the Budget Division of the Office of Finance created by NRS 223.400 shall disburse the money in accordance with the provisions of chapter 353 of NRS in the following order of priority, as money is available:
1. Disbursement to Budget Account 101-2677 - New Nevada Education Funding Plan to restore the budgetary reduction to that account in this act.
2. Disbursement to Budget Account 101-2699 - Read by Grade Three to restore the budgetary reduction to that account in this act.
3. Elimination of the unpaid furlough leave, or reduction in salary for persons exempted pursuant to section 131.4 of this act, that is required pursuant to sections 131.2, 131.3 and 131.4 of this act.
4. Disbursement for any other budgetary reduction in this act.
5. Disbursement for any other purpose authorized by law.
Sec. 132. The provisions of this act do not apply to the extent that the provisions would constitute an impairment of the rights of holders of the bonds or similar obligations issued by the State of Nevada or a political subdivision thereof. If there are any such outstanding bonds or obligations, the State of Nevada and its officers and agencies shall take whatever actions that are deemed necessary to protect the interests of the State and the rights of the holders of the bonds and similar obligations.
Sec. 133. If any provision of this act, or the application thereof to any person, thing or circumstance, is held invalid, such invalidity shall not affect any provision or application of this act which can be given effect without the invalid provision or application, and to this end the Legislature declares that:
1. Each provision of this act is severable and independent;
2. The Legislature would have passed this act and each valid provision thereof, irrespective of the invalid provision or application; and
3. Each valid provision or application must be given effect to the fullest extent possible, irrespective of the invalid provision or application.
Sec. 134. Notwithstanding the provisions of NRS 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after July 8, 2020.
Sec. 134.1. Sections 56.5 and 118.5 of this act only apply to Fiscal Year 2019-2020 and Fiscal Year 2020-2021.
Sec. 134.5. Sections 131.2 to 131.5, inclusive, of this act are hereby repealed.
Sec. 135. 1. This section and sections 1 to 134.1, inclusive, of this act become effective upon passage and approval.
2. Section 134.5 of this act becomes effective on December 31, 2020, if the Chief of the Budget Division of the Office of Finance created by NRS 223.400 has certified to the Governor on or before that date that the State of Nevada has received an amount of federal money that:
(a) Is at least equal to the State General Fund savings anticipated to be realized from the implementation of the unpaid furlough leave requirements in sections 131.2, 131.3 and 131.4 of this act and has been applied for this purpose pursuant to subsection 3 of section 131.6 of this act; and
(b) May be used for the general operations of the State of Nevada.
3. Sections 125 and 126 of this act expire by limitation on June 30, 2021.
4. Section 123.5 of this act expires by limitation on January 31, 2022.
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