[Rev. 1/30/2019 4:33:01 PM]
κ2013 Statutes of Nevada, Page 2531κ
Senate Bill No. 430Committee on Transportation
CHAPTER 438
[Approved: June 7, 2013]
AN ACT relating to motor carriers; requiring taxicab motor carriers in certain counties to charge, collect and remit a technology fee to the Nevada Transportation Authority; requiring operators of limousines to charge, collect and remit the technology fee to the Nevada Transportation Authority under certain circumstances; imposing a technology fee on taxicab trips in counties under the jurisdiction of the Taxicab Authority; prescribing the use of the technology fees for certain purposes; authorizing the implementation and use of a computerized real-time data system for certain purposes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Nevada Transportation Authority regulates common motor carriers of passengers, which include limousines. In addition, in counties with a population of less than 700,000 (currently all counties other than Clark County), the Nevada Transportation Authority regulates taxicabs. (NRS 706.151) Under existing law, the Taxicab Authority regulates taxicabs in a county whose population is 700,000 or more (currently Clark County) and in any county that has, by ordinance, placed itself under the jurisdiction of the Taxicab Authority. (NRS 706.881)
This bill requires the Nevada Transportation Authority and the Taxicab Authority to: (1) establish a technology fee; and (2) use the money generated by the technology fees to implement certain technology to assist the agencies in carrying out their duties. Sections 7 and 14 of this bill require a taxicab motor carrier to charge and collect the technology fee for each compensable trip of a taxicab operated by the carrier, including a taxicab that it leases to another person. Sections 5 and 13 of this bill: (1) require the Nevada Transportation Authority and the Taxicab Authority to use the money generated by the technology fees to implement technological improvements in safety, reliability and efficiency, including the implementation of a computerized real-time data system to assist each Authority in carrying out its duties; and (2) prescribe certain technical specifications for the computerized real-time data system implemented by those agencies. Section 18 of this bill requires the Nevada Transportation Authority and the Taxicab Authority to: (1) commence the process of implementing the computerized real-time data system not later than October 1, 2013; and (2) on or before February 1, 2015, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the 78th Session of the Legislature that describes the implementation and operations of the computerized real-time data system.
Sections 2 and 3 of this bill provide for the use of the computerized real-time data system by common motor carriers to provide public cooperative dispatch and electronic hailing services in certain counties. Sections 2 and 3: (1) authorize a holder of a certificate of public convenience and necessity to apply to the agency regulating the certificate holder for authorization to use the computerized real-time data system to provide these services in certain counties; and (2) require the Nevada Transportation Authority and the Taxicab Authority to authorize such use. Sections 2 and 3 further require the Nevada Transportation Authority and the Taxicab Authority to: (1) authorize certificate holders who use the computerized real-time data system to provide public cooperative dispatch and electronic hailing services to impose a reasonable charge for the use of the system by a passenger; and (2) establish by regulation or order requirements for the publication of that charge. Under section 6 of this bill, if an operator of a limousine uses the computerized real-time data system to provide cooperative dispatch and electronic hailing services, the operator is required to charge, collect and remit the technology fee imposed under this bill for each compensable limousine trip within a county whose population is 700,000 or more (currently Clark County).
κ2013 Statutes of Nevada, Page 2532 (CHAPTER 438, SB 430)κ
provide cooperative dispatch and electronic hailing services, the operator is required to charge, collect and remit the technology fee imposed under this bill for each compensable limousine trip within a county whose population is 700,000 or more (currently Clark County).
Sections 11 and 15 of this bill authorize: (1) the Taxicab Authority to use the computerized real-time data system to verify the validity of temporary or permanent medallions issued by the Taxicab Authority; and (2) the use of the computerized electronic real-time data system to keep an electronic version of the daily trip sheet of drivers of taxicabs.
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 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. In a county whose population is 700,000 or more, upon application by a holder of a certificate of public convenience and necessity, the Authority shall authorize the certificate holder to use the computerized real-time data system for the purposes of offering cooperative dispatch and electronic hailing services to the public.
2. If two or more holders of a certificate of convenience and public necessity apply to the Authority to use the computerized real-time data system for the purposes set forth in subsection 1, the Authority must establish, by regulation or order, rules providing for the use of the computerized real-time data system by two or more holders of a certificate of convenience and public necessity for the purposes set forth in subsection 1.
3. The Authority shall:
(a) Authorize the holders of a certificate of public convenience and necessity who are authorized to use the computerized real-time data system for the purposes set forth in subsection 1 to impose a reasonable charge for the use of the computerized real-time data system by a passenger. The charge:
(1) Must be separate from any other rate, fare or charge for service;
(2) Is not required to be uniform within a county; and
(3) May be assessed in accordance with a schedule of charges based upon factors approved by the Authority.
(b) Establish, by regulation or order, requirements for the publication by holders of a certificate of public convenience and necessity of the charge or the schedule of charges for the use by a passenger of the computerized real-time data system for the purposes set forth in subsection 1.
4. As used in this section, computerized real-time data system means the computerized real-time data system implemented by the Authority pursuant to subsection 3 of NRS 706.1516.
Sec. 3. 1. Upon application by a certificate holder, the Taxicab Authority shall authorize the certificate holder to use the computerized real-time data system for the purposes of offering cooperative dispatch and electronic hailing services for taxicabs to the public.
κ2013 Statutes of Nevada, Page 2533 (CHAPTER 438, SB 430)κ
2. If two or more certificate holders apply to the Taxicab Authority to use the computerized real-time data system for the purposes set forth in subsection 1, the Taxicab Authority must establish, by regulation or order, rules providing for the use of the computerized real-time data system by two or more certificate holders for the purposes set forth in subsection 1.
3. The Taxicab Authority shall:
(a) Authorize the certificate holders who are authorized to use the computerized real-time data system for the purposes set forth in subsection 1 to impose a reasonable charge for the use by a passenger of the computerized real-time data system. The charge:
(1) Must be separate from any other rate, fare or charge for taxicab service;
(2) Is not required to be uniform within a county; and
(3) May be assessed in accordance with a schedule of charges based upon factors approved by the Taxicab Authority.
(b) Establish, by regulation or order, requirements for the publication by certificate holders of the charge or the schedule of charges for the use by a passenger of the computerized real-time data system for the purposes set forth in subsection 1.
4. As used in this section, computerized real-time data system means the computerized real-time data system implemented by the Taxicab Authority pursuant to subsection 4 of NRS 706.8825.
Sec. 4. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.011 to 706.791, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 706.1516 is hereby amended to read as follows:
706.1516 1. The Nevada Transportation Authority Regulatory Account is hereby created in the State General Fund. All money collected by the Authority pursuant to law must be deposited with the State Treasurer for credit to the Account.
2. [Money] Except as otherwise provided in subsection 3, money in the Account may be used only to defray the costs of:
(a) Maintaining staff and equipment needed to regulate adequately persons subject to the jurisdiction of the Authority.
(b) Participating in all proceedings relevant to the jurisdiction of the Authority.
(c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that maintenance and participation.
(d) The salaries, travel expenses and subsistence allowances of the members of the Authority.
3. All money collected by the Authority pursuant to subsection 2 of NRS 706.465 and subsection 4 of NRS 706.471 must be used to implement technological improvements in safety, reliability and efficiency within a county whose population is 700,000 or more, including, without limitation, the implementation of a computerized real-time data system to assist with the administration and enforcement of the provisions of NRS 706.011 to 706.791, inclusive, and section 2 of this act. A computerized real-time data system implemented pursuant to this subsection must, at a minimum, satisfy the following criteria:
κ2013 Statutes of Nevada, Page 2534 (CHAPTER 438, SB 430)κ
(a) While a vehicle is in service within the jurisdiction of the Authority, the system must be capable of collecting in real-time from the onboard computer of the vehicle, by wireless access through the onboard diagnostic port or other means, the vehicle identification number and the operating and telemetric data for the vehicle.
(b) While a vehicle is in service within the jurisdiction of the Authority, the system must be capable of collecting in real-time, from an onboard diagnostic device capable of using a global positioning system that is installed in the vehicle or any other onboard computer software system capable of using a global positioning system that is installed in the vehicle, the location of the vehicle by latitude and longitude, a record of the time at which the vehicle is at that location and operating and telemetric data for the vehicle.
(c) The system must be capable of allowing the operator of a vehicle, while the vehicle is in service within the jurisdiction of the Authority, to register in the system, at the beginning and end of each shift, his or her identity and the number of his or her permit or certificate of public convenience and necessity.
(d) The system must be capable of allowing, in a manner prescribed by the Authority, a holder of a certificate of public convenience and necessity to digitally associate himself or herself with a vehicle for which the Authority has issued a certificate, license or other authorization.
(e) The system must be capable of presenting, in real-time to the Authority, searchable histories of the information and data described in this subsection in both a format that displays the information and data in tables and a digital map format that displays streets and highways.
(f) The system must be capable of presenting to a passenger, through an application on a mobile device or an interactive, digital display or other onboard system in the vehicle, sufficient information for the passenger to select and direct the operator of the vehicle to the passengers desired destination by the passengers desired route. The information must include, without limitation, sufficient information for the passenger to:
(1) Select the shortest route by time or distance to the passengers desired destination;
(2) Select a multi-segment trip directed by the passenger;
(3) Select the least expensive route to the passengers desired destination; and
(4) Make a digital record of the passengers selection that is accessible during and after the trip by the passenger, the Authority, the operator and the holder of the certificate of public convenience and necessity.
(g) The system must be capable of presenting to the operator of the vehicle, through an application on a mobile device or an interactive, digital display or other onboard system in the vehicle, sufficient information for the operator to:
(1) Determine the shortest route by time or distance to the passengers desired destination and the least expensive route to the passengers desired destination;
(2) Follow a multi-segment, passenger-directed trip by the least expensive route to the passengers desired destination; and
(3) Allow the passenger to make a digital record of a selection of a desired route to the passengers destination that is accessible during and after the trip by the passenger, the Authority, the operator and the holder of the certificate of public convenience and necessity.
κ2013 Statutes of Nevada, Page 2535 (CHAPTER 438, SB 430)κ
after the trip by the passenger, the Authority, the operator and the holder of the certificate of public convenience and necessity.
(h) The system must be capable of allowing a passenger to register comments and complaints with the Authority, the operator of the vehicle and the holder of the certificate of public convenience and necessity, through an application on a mobile device or an interactive digital display screen or other onboard system in the vehicle.
(i) The system must be capable of assisting the Authority in the development of additional preventive measures to detect, investigate and deter the practice of transporting a passenger to a selected destination by a route that is more expensive than necessary under the circumstances of the trip.
(j) The system must be capable of providing to the Authority reliable real-time and historic information concerning service demands, market data, vehicle usage, wait time and customer complaints and comments.
(k) The system must be capable of allowing holders of a certificate of convenience and public necessity to use the system to provide cooperative dispatch and electronic hailing services to the public pursuant to section 2 of this act.
4. The Authority shall not use the information and data collected pursuant to paragraph (a) or (b) of subsection 3 for any purpose other than the purposes set forth in those paragraphs unless the Authority has adopted regulations governing the additional use.
5. The Authority may operate the computerized real-time data system implemented pursuant to subsection 3 or enter into an agreement for the provision of such service. If the Authority enters into such an agreement, the Authority shall ensure that all the information and data collected by the computerized real-time data system is under the control of the Authority.
6. All claims against the Account must be paid as other claims against the State are paid.
[4.] 7. The Authority must furnish upon request a statement showing the balance remaining in the Account as of the close of the preceding fiscal year.
8. As used in this section, real time means the transmission of information at a rate no longer than once every 6 seconds, unless the Authority authorizes a longer rate while a vehicle is experiencing a low volume of trips.
Sec. 6. NRS 706.465 is hereby amended to read as follows:
706.465 1. An operator of a limousine shall, beginning on July 1, 2003, and on July 1 of each year thereafter, pay to the Authority a fee of $100 for each limousine that the Authority has authorized the operator to operate.
2. An operator of a limousine shall:
(a) Charge and collect a technology fee in an amount set by the Authority for each compensable trip by a limousine that the Authority has authorized the operator to operate, if a computerized real-time data system is used for the purposes set forth in section 2 of this act; and
(b) Remit to the Authority, not later than the 10th day of each month, all technology fees collected by the operator pursuant to this subsection for the immediately preceding month.
κ2013 Statutes of Nevada, Page 2536 (CHAPTER 438, SB 430)κ
Κ The fee charged pursuant to this subsection may only be charged within a county whose population is 700,000 or more, and may be included in the operators tariff.
3. Any person who fails to pay any fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee, plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month, from the date the fee is due until the date of payment.
4. As used in this section [, limousine] :
(a) Computerized real-time data system means the computerized real-time data system implemented by the Authority pursuant to subsection 3 of NRS 706.1516.
(b) Limousine includes:
[(a)] (1) A livery limousine; and
[(b)] (2) A traditional limousine.
Sec. 7. NRS 706.471 is hereby amended to read as follows:
706.471 1. Each taxicab motor carrier shall, before commencing the operation defined in NRS 706.126 and annually thereafter, pay to the Authority for each taxicab which it operates, including each taxicab it leases pursuant to NRS 706.473, [a] an annual fee of not more than $75 as determined by a regulation of the Authority.
2. The annual fee provided in this section must be paid on or before January 1 of each year.
3. The [initial] annual fee must be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year in which operation is begun.
4. In addition to the annual fee provided in subsection 1, each taxicab motor carrier shall:
(a) Charge and collect a technology fee in an amount set by the Authority for each compensable trip by a taxicab which it operates, including each taxicab it leases pursuant to NRS 706.473; and
(b) Remit to the Authority, not later than the 10th day of each month, all fees collected by the operator pursuant to this subsection for the immediately preceding month.
Κ The fee charged pursuant to this subsection may only be charged within a county whose population is 700,000 or more, and may be added to the passenger fare charged as indicated on the taximeter.
5. Any person who fails to pay any fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee , plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month , from the date the fee is due until the date of payment.
Sec. 8. NRS 706.756 is hereby amended to read as follows:
706.756 1. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and section 2 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and section 2 of this act or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;
κ2013 Statutes of Nevada, Page 2537 (CHAPTER 438, SB 430)κ
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;
(d) Fails to obey any order, decision or regulation of the Authority or the Department;
(e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;
(f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;
(g) Advertises as providing:
(1) The services of a fully regulated carrier; or
(2) Towing services,
Κ without including the number of the persons certificate of public convenience and necessity or contract carriers permit in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(j) Operates or causes to be operated a vehicle which does not have the proper identifying device;
(k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;
(l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,
Κ is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:
(a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.
(b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.
κ2013 Statutes of Nevada, Page 2538 (CHAPTER 438, SB 430)κ
3. Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.
4. If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.
5. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
6. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 9. NRS 706.881 is hereby amended to read as follows:
706.881 1. The provisions of NRS 706.8811 to 706.885, inclusive, and section 3 of this act apply to any county:
(a) Whose population is 700,000 or more; or
(b) For whom regulation by the Taxicab Authority is not required, if the board of county commissioners of the county has enacted an ordinance approving the inclusion of the county within the jurisdiction of the Taxicab Authority.
2. Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the Taxicab Authority is not required, the Taxicab Authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, and section 3 of this act within that county.
3. Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the Nevada Transportation Authority do not apply.
Sec. 10. NRS 706.8811 is hereby amended to read as follows:
706.8811 As used in NRS 706.881 to 706.885, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.8812 to 706.8817, inclusive, have the meanings ascribed to them in those sections.
Sec. 11. NRS 706.88183 is hereby amended to read as follows:
706.88183 1. The Taxicab Authority shall [establish by regulation a system for the use of radio frequency identification or other electronic means] implement a system to verify through the computerized real-time data system implemented pursuant to subsection 4 of NRS 706.8825 the validity of a temporary or permanent medallion [affixed to any taxicab within the jurisdiction of] issued by the Taxicab Authority.
2. As used in this section, medallion means the [metal plate issued by] temporary or permanent authority to operate a taxicab within the jurisdiction of the Taxicab Authority [to be affixed to each taxicab allocated] which is issued by the Taxicab Authority [.] pursuant to NRS 706.8811 to 706.885, inclusive, and section 3 of this act.
Sec. 12. NRS 706.8821 is hereby amended to read as follows:
706.8821 1. The Administrator is responsible for the control and regulation of the taxicab industry in any county to which NRS 706.881 to 706.885, inclusive, and section 3 of this act apply and for the administration of NRS 706.881 to 706.885, inclusive [.] , and section 3 of this act.
2. The Administrator shall appoint:
(a) One accountant and such auditors as are necessary to enable the Administrator to perform the Administrators official functions properly; and
κ2013 Statutes of Nevada, Page 2539 (CHAPTER 438, SB 430)κ
(b) Such other employees as are necessary to enable the Administrator to perform the Administrators official functions properly.
Sec. 13. NRS 706.8825 is hereby amended to read as follows:
706.8825 1. All fees collected pursuant to NRS 706.881 to 706.885, inclusive, and section 3 of this act must be deposited by the Administrator to the credit of the Taxicab Authority Fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the Fund.
2. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.
3. The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated to defray the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.
4. The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841, 706.8848, 706.8849 and 706.885 are hereby appropriated to defray the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business. The technology fees received pursuant to paragraph (c) of subsection 3 of NRS 706.8826 must be used to implement technological improvements in safety, reliability and efficiency, including, without limitation, the implementation of a computerized real-time data system to assist with the regulation of the taxicabs in the county in which the certificate holder operates a taxicab business. A computerized real-time data system implemented pursuant to this subsection must, at a minimum, satisfy the following criteria:
(a) While a taxicab is in service within the jurisdiction of the Taxicab Authority, the system must be capable of collecting in real-time from the onboard computer of the taxicab, by wireless access through the onboard diagnostic port or other means, the vehicle identification number and operating and telemetric data for the vehicle.
(b) While a taxicab is in service within the jurisdiction of the Taxicab Authority, the system must be capable of collecting in real-time, from an onboard diagnostic device capable of using a global positioning system that is installed in the taxicab or any other onboard computer software system capable of using a global positioning system that is installed in the taxicab, the location of the taxicab by latitude and longitude, a record of the time at which the taxicab is at that location and operating and telemetric data for the vehicle.
(c) The system must be capable of allowing the driver of a taxicab, while the taxicab is in service within the jurisdiction of the Taxicab Authority, to register in the system, at the beginning and end of each shift, his or her identity and the number of his or her drivers permit.
(d) The system must be capable of allowing, in a manner prescribed by the Taxicab Authority, a certificate holder to digitally associate a taxicab with a temporary or permanent medallion for the purpose of verifying the validity of a temporary or permanent medallion pursuant to NRS 706.88183. As used in this paragraph, medallion has the meaning ascribed to it in NRS 706.88183.
(e) The system must be capable of presenting, in real-time to the Taxicab Authority, searchable histories, in both a format that displays the information and data in tables and a digital map format that displays streets and highways, of:
κ2013 Statutes of Nevada, Page 2540 (CHAPTER 438, SB 430)κ
(1) The information and data described in this subsection; and
(2) The information described in NRS 706.8844.
(f) The system must be capable of presenting to a passenger, through an application on a mobile device or on an interactive, digital display or other onboard system in the taxicab, sufficient information for the passenger to select and direct the driver to the passengers desired destination by the passengers desired route. The information must include, without limitation, sufficient information for the passenger to:
(1) Select the shortest route by time or distance to the passengers desired destination;
(2) Select a multi-segment trip directed by the passenger;
(3) Select the least expensive route to the passengers desired destination; and
(4) Make a digital record of the passengers selection that is accessible during and after the trip by the passenger, the Taxicab Authority, the driver and the certificate holder.
(g) The system must be capable of presenting to the driver, through an application on a mobile device or an interactive, digital display or other onboard system in the taxicab, sufficient information for the driver to:
(1) Determine the shortest route by time or distance to the passengers desired destination and the least expensive route to the passengers desired destination;
(2) Follow a multi-segment, passenger-directed trip by the least expensive route to the passengers desired destination; and
(3) Allow the passenger to make a digital record of a selection of a desired route to the passengers destination that is accessible during and after the trip by the passenger, the Taxicab Authority, the driver and the certificate holder.
(h) The system must be capable of allowing passengers to register comments and complaints with the Taxicab Authority, the driver and the certificate holder, through an application on a mobile device or an interactive digital display screen or other onboard system in the taxicab.
(i) The system must be capable of assisting the Taxicab Authority in the development of additional preventive measures to detect, investigate and deter the practice of transporting a passenger to a selected destination by a route that is more expensive than necessary under the circumstances of the trip.
(j) The system must be capable of providing to the Taxicab Authority reliable real-time and historic information concerning service demands, market data, vehicle usage, wait times and customer complaints and comments for use by the Taxicab Authority to make decisions concerning the allocation of medallions pursuant to 706.88237, 706.8824 and 706.88245.
(k) The system must be capable of allowing certificate holders to use the system to provide cooperative dispatch and electronic hailing services to the public pursuant to section 3 of this act.
5. The Taxicab Authority shall not use the information and data collected pursuant to paragraph (a) or (b) of subsection 4 for any purpose other than the purposes set forth in those paragraphs unless the Authority has adopted regulations governing the additional use.
6. The Taxicab Authority may operate the computerized real-time data system implemented pursuant to subsection 4 or enter into an agreement for the provision of such service.
κ2013 Statutes of Nevada, Page 2541 (CHAPTER 438, SB 430)κ
agreement for the provision of such service. If the Taxicab Authority enters into such an agreement, the Taxicab Authority shall ensure that all the information and data collected by the computerized real-time data system is under the control of the Taxicab Authority.
7. Any balance remaining in the Fund does not revert to the State General Fund. The Administrator may transfer to the Aging and Disability Services Division of the Department of Health and Human Services any balance over $200,000 and any interest earned on the Fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for elderly persons and persons with permanent disabilities in taxicabs. The money transferred to the Aging and Disability Services Division must be administered in accordance with regulations adopted by the Administrator of the Aging and Disability Services Division pursuant to NRS 427A.070.
[6.] 8. The Administrator may establish an account for petty cash not to exceed $2,000 for the support of undercover investigation, and if the account is created, the Administrator shall reimburse the account from the Taxicab Authority Fund in the same manner as other claims against the State are paid.
9. As used in this section, real time means the transmission of information at a rate no longer than once every 6 seconds, unless the Taxicab Authority authorizes a longer rate while a taxicab is experiencing a low volume of trips.
Sec. 14. NRS 706.8826 is hereby amended to read as follows:
706.8826 1. The board of county commissioners of any county in which there is in effect an order for the allocation of taxicabs from a taxicab authority, and the governing body of each city within any such county, shall deposit to the credit of the Taxicab Authority Fund all of the tax revenue which is received from the taxicab business operating in the county and city, respectively.
2. For the purpose of calculating the amount due to the State under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.
3. Any certificate holder who is subject to an order of allocation by the Taxicab Authority shall pay to the Taxicab Authority :
(a) A fee of $100 per year for each taxicab that the Taxicab Authority has allocated to the certificate holder ; [and a]
(b) A fee set by the Taxicab Authority that must not exceed 20 cents per trip for each compensable trip of each of those taxicabs [, which may] ; and
(c) A technology fee in an amount set by the Taxicab Authority for each compensable trip of each of those taxicabs.
Κ The fees set forth in paragraphs (b) and (c) must be added to the meter charge.
4. The money [so] received by the Taxicab Authority pursuant to this section must be deposited in the State Treasury to the credit of the Taxicab Authority Fund.
Sec. 15. NRS 706.8844 is hereby amended to read as follows:
706.8844 1. A certificate holder shall require the certificate holders drivers to keep a daily trip sheet in a form to be prescribed by the Taxicab Authority, including, without limitation, in electronic form.
2. At the beginning of each period of duty the driver shall record on the drivers trip sheet:
κ2013 Statutes of Nevada, Page 2542 (CHAPTER 438, SB 430)κ
(a) The drivers name and the number of the taxicab;
(b) The time at which the driver began the period of duty by means of a time clock provided by the certificate holder;
(c) The meter readings for total miles, paid miles, trips, units, extra passengers and extra charges; and
(d) The odometer reading of the taxicab.
3. During each period of duty the driver shall record on the drivers trip sheet:
(a) The time, place of origin and destination of each trip; and
(b) The number of passengers and amount of fare for each trip.
4. At the end of each period of duty the driver shall record on the drivers trip sheet:
(a) The time at which the driver ended the period of duty by means of a time clock provided by the certificate holder;
(b) The meter readings for total miles, paid miles, trips, units and extra passengers; and
(c) The odometer reading of the taxicab.
5. A certificate holder shall furnish a trip sheet form for each taxicab operated by a driver during the drivers period of duty and shall require the drivers to return their completed trip sheets at the end of each period of duty.
6. A certificate holder shall retain all trip sheets of all drivers in a safe place for a period of 3 years immediately succeeding December 31 of the year to which they respectively pertain and shall make such manifests available for inspection by the Administrator upon reasonable demand.
7. Any driver who maintains a trip sheet in a form less complete than that required by subsection 1 is guilty of a misdemeanor.
8. The Administrator shall prescribe the requirements for the use of an electronic version of a daily trip sheet. If a certificate holder requires its drivers to keep a daily trip sheet in electronic form, the certificate holder [shall maintain] may comply with the requirements of this section:
(a) By maintaining the information collected from the daily trip sheet in a secure database and [provide] providing the Administrator with access to the information in the database at regular intervals established by the Administrator and upon reasonable demand [.] ; or
(b) By reporting the information to the Administrator on the computerized real-time data system implemented pursuant to subsection 4 of NRS 706.8825.
Sec. 16. NRS 706.885 is hereby amended to read as follows:
706.885 1. Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the Taxicab Authority or the Administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, and section 3 of this act is guilty of a misdemeanor.
2. The Taxicab Authority or Administrator may at any time, for good cause shown and upon at least 5 days notice to the grantee of any certificate or drivers permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a drivers permit to a maximum amount of $500 or suspend or revoke the certificate or drivers permit granted by the Taxicab Authority or Administrator, respectively, for:
κ2013 Statutes of Nevada, Page 2543 (CHAPTER 438, SB 430)κ
(a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, and section 3 of this act or any regulation of the Taxicab Authority or Administrator.
(b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, and section 3 of this act or any regulation of the Taxicab Authority or Administrator.
Κ If a penalty is imposed on the grantee of a certificate pursuant to this section, the Taxicab Authority or Administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorneys fees.
3. When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the Administrator shall enter a finding of default. Upon a finding of default, the Administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the Administrator may set aside a finding of default and proceed with the hearing.
4. Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, the law enforcement officer may cause the vehicle to be towed immediately from the scene.
5. The conviction of a person pursuant to subsection 1 does not bar the Taxicab Authority or Administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the Taxicab Authority or Administrator does not operate as a defense in any proceeding brought under subsection 1.
Sec. 17. NRS 427A.070 is hereby amended to read as follows:
427A.070 1. The Administrator shall:
(a) Subject to the approval of the Director, adopt rules and regulations:
(1) Necessary to carry out the purposes of this chapter; and
(2) Establishing a program to subsidize the transportation by taxicab of elderly persons and persons with permanent disabilities from money received pursuant to subsection [5] 7 of NRS 706.8825;
(b) Establish appropriate administrative units within the Division;
(c) Appoint such personnel and prescribe their duties as the Administrator deems necessary for the proper and efficient performance of the functions of the Division;
(d) Prepare and submit to the Governor, through the Director before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;
(e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and
(f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.
2. The Administrator may delegate to any officer or employee of the Division such of the powers and duties of the Administrator as the Administrator finds necessary to carry out the purposes of this chapter.
κ2013 Statutes of Nevada, Page 2544 (CHAPTER 438, SB 430)κ
Sec. 18. 1. The Nevada Transportation Authority shall commence the process of implementing the computerized real-time data system described in subsection 3 of NRS 706.1516, as amended by section 5 of this act, not later than October 1, 2013.
2. The Taxicab Authority shall commence the process of implementing the computerized real-time data system described in subsection 4 of NRS 706.8825 as amended by section 13 of this act, not later than October 1, 2013.
3. On or before February 1, 2015, the Nevada Transportation Authority and the Taxicab Authority shall each submit a report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature that describes the implementation and operation of the computerized real-time data system described in subsection 3 of NRS 706.1516, as amended by section 5 of this act, or subsection 4 of NRS 706.8825, as amended by section 13 of this act, as applicable.
Sec. 19. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 24Committee on Transportation
CHAPTER 439
[Approved: June 7, 2013]
AN ACT relating to motor vehicles; providing for the limited issuance of special license plates to commemorate the 150th anniversary of Nevadas admission into the Union; imposing a fee for the issuance or renewal of such license plates; revising provisions relating to the number of characters required to be contained on a license plate; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill provides for the issuance of a special license plate to commemorate the 150th anniversary of Nevadas admission into the Union. Existing law provides that the regular fees for the initial issuance and renewal of a special license plate are $35 and $10, respectively, exclusive of any additional fees which may be added to generate funds for a particular cause. (NRS 482.265) Unlike the fees set forth in existing law, the fee set forth in this bill for the initial issuance of a special license plate to commemorate the 150th anniversary (sesquicentennial) of Nevadas admission into the Union is $7.50 and there is no basic charge for the renewal of the special license plates, other than the fee that is required to be distributed to the Nevada Cultural Affairs Foundation. Existing law also requires $35 of the fee received by the Department of Motor Vehicles for the initial issuance of a special license plate, exclusive of any additional fees which may be added to generate funds for a particular cause, to be deposited in the State Highway Fund for credit to the Revolving Account for the Issuance of Special License Plates. (NRS 482.1805) This bill requires the Department to deposit the $7.50 received for the initial issuance of the sesquicentennial license plate with the State Treasurer for credit to that Revolving Account. This bill also requires that an annual report concerning the revenues received and expenditures made in connection with the issuance of the commemorative license plates be submitted to the Director of the Legislative Counsel Bureau, and provides that in no event may the commemorative license plates be issued by the Department after October 31, 2016. For a person who is a Legislator of this State, this bill allows the commemorative license plates to be combined with special legislative license plates issued to the Legislator pursuant to NRS 482.374.
κ2013 Statutes of Nevada, Page 2545 (CHAPTER 439, AB 24)κ
This bill also provides that the additional fees collected for the issuance of the plate must be deposited in the State General Fund. The State Treasurer is required to distribute those additional fees, on a quarterly basis, to the Nevada Cultural Affairs Foundation. This bill exempts these special license plates from: (1) the provisions that require a minimum number of applications for the plates; (2) the requirement that the Commission on Special License Plates approve or disapprove the plates; and (3) the limit on the number of separate designs of special license plates that may be issued by the Department at any one time.
Section 5 of this bill deletes the requirement that a redesign of license plates ordered by the Director of the Department: (1) be in colors that are predominately blue and silver; and (2) contain letters and numbers that are of the same size. Sections 6 and 11-19 of this bill delete the requirement that a license plate contain a certain finite number of characters and provide instead that the Director will determine the number of characters to be contained on each license plate.
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 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 8, the Department, in cooperation with the Nevada Cultural Affairs Foundation or its successor, shall design, prepare and issue license plates which commemorate the 150th anniversary of Nevadas admission into the Union, using any colors and designs that the Department deems appropriate.
2. The Department shall issue the commemorative license plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that:
(a) Special legislative license plates issued to a Legislator pursuant to NRS 482.374 be combined with the commemorative license plates if that person:
(1) Qualifies for special legislative license plates issued pursuant to NRS 482.374; and
(2) Pays the fees for the special legislative license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4; or
(b) Personalized prestige license plates issued pursuant to NRS 482.3667 be combined with the commemorative license plates if that person pays the fees for the personalized license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4.
3. The fee for the commemorative license plates is $7.50, in addition to all other applicable registration and license fees and governmental services taxes. The Department shall deposit the fee collected pursuant to this subsection with the State Treasurer for credit to the Revolving Account for the Issuance of Special License Plates created pursuant to NRS 482.1805.
4. Except as otherwise provided in this subsection, in addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection 3, a person who requests a set of the commemorative license plates must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates a fee of $20, to be distributed pursuant to subsection 5.
κ2013 Statutes of Nevada, Page 2546 (CHAPTER 439, AB 24)κ
plates an additional fee of $25 and for each renewal of the plates a fee of $20, to be distributed pursuant to subsection 5. The fees otherwise required to be paid pursuant to this subsection must not be charged after the date announced by the Director pursuant to subsection 8.
5. The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. For the duration of the collection of such fees, the State Treasurer shall, on a quarterly basis, distribute the fees to the Nevada Cultural Affairs Foundation or its successor to be used for:
(a) A celebration of the 150th anniversary of Nevadas admission into the Union;
(b) Projects relating to the commemoration of Nevadas admission to the Union, including, without limitation, historical markers, tours of historic sites and improvements to or restoration of historic buildings and structures;
(c) Education relating to the history of the State of Nevada; and
(d) Other projects relating to preserving and protecting the heritage of the State of Nevada.
6. On or before January 1 of each calendar year, the Division of Museums and History of the Department of Tourism and Cultural Affairs shall produce a report of:
(a) Revenues received from the issuance of the commemorative license plates issued pursuant to the provisions of this section; and
(b) Associated expenditures,
Κ and shall submit the report to the Director of the Legislative Counsel Bureau for transmission to the Legislature or the Legislative Commission, as appropriate.
7. If, during a registration year, the holder of the commemorative license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the commemorative license plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the commemorative license plates from the vehicle, return them to the Department.
8. The Director shall determine and, by public proclamation, announce the last date on which the Department will issue the commemorative license plates. The Department shall publish the announcement on its Internet website. In no case may the date that is determined and announced to be the last date on which the Department will issue the commemorative license plates be after October 31, 2016. The Department shall not issue:
(a) The commemorative license plates after the date announced by the Director pursuant to this subsection.
(b) Replacement commemorative license plates for those license plates more than 5 years after the date announced by the Director pursuant to this subsection.
Sec. 2. NRS 482.1805 is hereby amended to read as follows:
482.1805 1. The Revolving Account for the Issuance of Special License Plates is hereby created as a special account in the State Highway Fund. An amount equal to $35 of the fee received by the Department for the initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the State Highway Fund for credit to the Account.
κ2013 Statutes of Nevada, Page 2547 (CHAPTER 439, AB 24)κ
initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the State Highway Fund for credit to the Account.
2. The Department shall use the money in the Account to:
(a) Pay the expenses involved in issuing special license plates; and
(b) Purchase improved and upgraded technology, including, without limitation, digital technology for the production of special license plates, to ensure that special license plates are produced in the most efficient manner possible.
3. Money in the Account must be used only for the purposes specified in subsection 2.
4. At the end of each fiscal year, the State Controller shall transfer from the Account to the State Highway Fund an amount of money equal to the balance in the Account which exceeds $50,000.
5. The provisions of this section do not apply to section 1 of this act.
Sec. 3. NRS 482.216 is hereby amended to read as follows:
482.216 1. Upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.
2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:
(a) Transmit the applications received to the Department within the period prescribed by the Department;
(b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;
(c) Comply with the regulations adopted pursuant to subsection 4; and
(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.
3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:
(a) Charge any additional fee for the performance of those services;
(b) Receive compensation from the Department for the performance of those services;
(c) Accept applications for the renewal of registration of a motor vehicle; or
(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:
(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or
(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.
4. The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:
κ2013 Statutes of Nevada, Page 2548 (CHAPTER 439, AB 24)κ
(a) The expedient and secure issuance of license plates and decals by the Department; and
(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.
Sec. 4. NRS 482.265 is hereby amended to read as follows:
482.265 1. The Department shall furnish to every owner whose vehicle is registered two license plates for a motor vehicle other than a motorcycle and one license plate for all other vehicles required to be registered hereunder. Upon renewal of registration, the Department may issue one or more license plate stickers, tabs or other suitable devices in lieu of new license plates.
2. The Director shall have the authority to require the return to the Department of all number plates upon termination of the lawful use thereof by the owner under this chapter.
3. Except as otherwise specifically provided by statute, for the issuance of each special license plate authorized pursuant to this chapter:
(a) The fee to be received by the Department for the initial issuance of the special license plate is $35, exclusive of any additional fee which may be added to generate funds for a particular cause or charitable organization;
(b) The fee to be received by the Department for the renewal of the special license plate is $10, exclusive of any additional fee which may be added to generate financial support for a particular cause or charitable organization; and
(c) The Department shall not design, prepare or issue a special license plate unless, within 4 years after the date on which the measure authorizing the issuance becomes effective, it receives at least 250 applications for the issuance of that plate.
4. The provisions of subsection 3 do not apply to section 1 of this act.
Sec. 5. NRS 482.270 is hereby amended to read as follows:
482.270 1. Except as otherwise provided in this section or by specific statute, the Director shall order the redesign and preparation of motor vehicle license plates . [with colors that are predominately blue and silver. The Director may substitute white in place of silver when no suitable material is available.]
2. Except as otherwise provided in subsection 3, the Department shall, upon the payment of all applicable fees, issue redesigned motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.
3. The Department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, or section 1 of this act without the approval of the person.
4. The Director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
κ2013 Statutes of Nevada, Page 2549 (CHAPTER 439, AB 24)κ
vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
5. Every license plate must have displayed upon it:
(a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;
(b) The name of this State, which may be abbreviated;
(c) If issued for a calendar year, the year; and
(d) If issued for a registration period other than a calendar year, the month and year the registration expires.
6. [Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.
7.] Each special license plate that is designed, prepared and issued pursuant to NRS 482.367002 must be designed and prepared in such a manner that:
(a) The left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia that is suggested pursuant to paragraph (e) of subsection 2 of that section; and
(b) The remainder of the plate conforms to the requirements for [coloring,] lettering and design that are set forth in this section.
Sec. 6. NRS 482.272 is hereby amended to read as follows:
482.272 Each license plate for a motorcycle may contain [up to six] a number of characters, including numbers and letters [.] , as determined necessary by the Director. Only one plate may be issued for a motorcycle.
Sec. 7. NRS 482.367002 is hereby amended to read as follows:
482.367002 1. A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:
(a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;
(b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;
(c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;
(d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;
(e) The organization is nondiscriminatory; and
(f) The license plate will not promote a specific religion, faith or antireligious belief.
2. An application submitted to the Department pursuant to subsection 1:
(a) Must be on a form prescribed and furnished by the Department;
(b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so, the name of the cause or charitable organization;
(c) Must include proof that the organization satisfies the requirements set forth in subsection 1;
κ2013 Statutes of Nevada, Page 2550 (CHAPTER 439, AB 24)κ
(d) Must be accompanied by a surety bond posted with the Department in the amount of $5,000; and
(e) May be accompanied by suggestions for the design of and colors to be used in the special license plate.
3. The Department may design and prepare a special license plate requested pursuant to subsection 1 if:
(a) The Department determines that the application for that plate complies with subsection 2; and
(b) The Commission on Special License Plates approves the application for that plate pursuant to subsection 5 of NRS 482.367004.
4. Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:
(a) The Department has designed and prepared pursuant to this section;
(b) The Commission on Special License Plates has approved for issuance pursuant to subsection 5 of NRS 482.367004; and
(c) Complies with the requirements of subsection [7] 6 of NRS 482.270,
Κ for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.
5. The Department must promptly release the surety bond posted pursuant to subsection 2:
(a) If the Department or the Commission on Special License Plates determines not to issue the special license plate; or
(b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 8. NRS 482.367004 is hereby amended to read as follows:
482.367004 1. There is hereby created the Commission on Special License Plates consisting of five Legislators and three nonvoting members as follows:
(a) Five Legislators appointed by the Legislative Commission:
(1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.
κ2013 Statutes of Nevada, Page 2551 (CHAPTER 439, AB 24)κ
Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.
(2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.
(b) Three nonvoting members consisting of:
(1) The Director of the Department of Motor Vehicles, or a designee of the Director.
(2) The Director of the Department of Public Safety, or a designee of the Director.
(3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.
2. Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.
3. Members of the Commission serve without salary or compensation for their travel or per diem expenses.
4. The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.
5. The Commission shall approve or disapprove:
(a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;
(b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and
(c) Except as otherwise provided in subsection 6, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.
Κ In determining whether to approve such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. The Commission shall consider each application in the chronological order in which the application was received by the Department.
6. The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3785 or 482.3787 [.] or section 1 of this act.
7. The Commission shall:
(a) Approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, additional fees means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.
(b) If it approves a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.
κ2013 Statutes of Nevada, Page 2552 (CHAPTER 439, AB 24)κ
Sec. 9. NRS 482.367008 is hereby amended to read as follows:
482.367008 1. As used in this section, special license plate means:
(a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;
(b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945; and
(c) Except for a license plate that is issued pursuant to NRS 482.3785 or 482.3787, or section 1 of this act, a license plate that [:
(1) Is] is approved by the Legislature after July 1, 2005 . [; and
(2) Differs substantially in design from the license plates that are described in subsection 1 of NRS 482.270.]
2. Notwithstanding any other provision of law to the contrary, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been approved by the Commission on Special License Plates pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval.
3. Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:
(a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and
(b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.
4. [Except as otherwise provided in subsection 6, if,] If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or
(b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,
Κ the Director shall provide notice of that fact in the manner described in subsection 5.
5. The notice required pursuant to subsection 4 must be provided:
(a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.
κ2013 Statutes of Nevada, Page 2553 (CHAPTER 439, AB 24)κ
(b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.
6. If, on December 31 of the same year in which notice was provided pursuant to subsections 4 and 5, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or
(b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,
Κ the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.
Sec. 10. NRS 482.36705 is hereby amended to read as follows:
482.36705 1. Except as otherwise provided in subsection 2:
(a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.
(b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.
(c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates approves the application for the authorized plate pursuant to NRS 482.367004.
2. The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3785 or 482.3787 [.] or section 1 of this act.
Sec. 11. NRS 482.3672 is hereby amended to read as follows:
482.3672 1. An owner of a motor vehicle who is a resident of this State and who is regularly employed or engaged as an editor, reporter or photographer by a newspaper or television or radio station may, upon signed application on a form prescribed and provided by the Department, accompanied by:
(a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and
(b) A letter from the news director, editor or publisher of the periodical or station by whom the person is employed,
κ2013 Statutes of Nevada, Page 2554 (CHAPTER 439, AB 24)κ
Κ be issued license plates upon which is inscribed PRESS with [three consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.
2. Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck.
3. When a person to whom special license plates have been issued pursuant to this section leaves the service of the newspaper or station which has provided the letter required by subsection 1, the person shall surrender any special plates he or she possesses to the Department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the Department.
4. The Department may adopt regulations governing the issuance of special license plates to members of the press.
5. Special license plates issued pursuant to this section are renewable upon the payment of $10.
Sec. 12. NRS 482.3675 is hereby amended to read as follows:
482.3675 1. An owner of a motor vehicle who is a United States citizen or a citizen of a foreign country residing in this State and who holds from a foreign country a letter of appointment as an honorary consul may, upon signed application on a form prescribed and provided by the Department, accompanied by:
(a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and
(b) A copy of the letter of appointment from that country,
Κ be issued a set of license plates upon which is inscribed CONSULAR CORPS with [three consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.
2. Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck.
3. When a person to whom special license plates have been issued pursuant to this section loses his or her status as an honorary consul, the person shall surrender any special plates he or she possesses to the Department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the Department.
4. The Department may adopt regulations governing the issuance of special license plates to honorary consuls of foreign countries. The Department shall include on the form for application a notice to the applicant that the issuance of such license plates does not confer any diplomatic immunity.
5. Special license plates issued pursuant to this section are renewable upon the payment of $10.
Sec. 13. NRS 482.3755 is hereby amended to read as follows:
482.3755 1. An owner of a motor vehicle who is a resident of this State and is a member of the Nevada Wing of the Civil Air Patrol may, upon application on a form prescribed and furnished by the Department, signed by the member and his or her commanding officer and accompanied by proof of membership, be issued license plates upon which is inscribed CIVIL AIR PATROL with [four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.
κ2013 Statutes of Nevada, Page 2555 (CHAPTER 439, AB 24)κ
The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The annual fee for a renewal sticker is $10.
2. Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.
3. Any member of the Nevada Wing of the Civil Air Patrol who retires or is honorably discharged may retain any license plates issued to the member pursuant to subsection 1. If a member is dishonorably discharged, he or she shall surrender any of these special plates in his or her possession to the Department at least 10 days before the members discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.
Sec. 14. NRS 482.376 is hereby amended to read as follows:
482.376 1. An owner of a motor vehicle who is a resident of this State and is an enlisted or commissioned member of the Nevada National Guard may, upon application on a form prescribed and furnished by the Department, signed by the member and his or her commanding officer and accompanied by proof of enlistment, be issued license plates upon which is inscribed NATL GUARD with [four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director. The applicant shall comply with the laws of this State concerning motor vehicles, including the payment of the regular registration fees, as prescribed by this chapter. There is an additional fee of $5 for the issuance of those plates.
2. Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.
3. Any member of the Nevada National Guard other than the Adjutant General, who retires or is honorably discharged may retain any license plates issued to the member pursuant to subsection 1. The Adjutant General shall surrender any license plates issued to him or her as Adjutant General to the Department when he or she leaves office, and may then be issued special license plates as described in subsection 1. If a member is dishonorably discharged, the member shall surrender any of these special plates in his or her possession to the Department at least 10 days before the members discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.
Sec. 15. NRS 482.3765 is hereby amended to read as follows:
482.3765 1. A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to specially designed license plates inscribed with the words PEARL HARBOR VETERAN or PEARL HARBOR SURVIVOR, at the option of the veteran, and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.
2. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant.
κ2013 Statutes of Nevada, Page 2556 (CHAPTER 439, AB 24)κ
must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
3. The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of their status as a survivor required by the Department.
4. If, during a registration year, the holder of a set of special license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
5. The fee for a set of special license plates issued pursuant to this section is $25, in addition to all other applicable registration and license fees and governmental services taxes. The annual fee for a renewal sticker for a set of special license plates issued pursuant to this section is $5.
Sec. 16. NRS 482.377 is hereby amended to read as follows:
482.377 1. A veteran of the Armed Forces of the United States who, as a result of his or her service:
(a) Has suffered a 100-percent service-connected disability and who receives compensation from the United States for the disability is entitled to specially designed license plates inscribed with the words DISABLED VETERAN, DISABLED FEMALE VETERAN or VETERAN WHO IS DISABLED, at the option of the veteran, and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.
(b) Has been captured and held prisoner by a military force of a foreign nation is entitled to specially designed license plates inscribed with the words EX PRISONER OF WAR and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.
2. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
3. The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of disability or former imprisonment required by the Department.
4. A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.
5. If, during a registration year, the holder of a set of special license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:
κ2013 Statutes of Nevada, Page 2557 (CHAPTER 439, AB 24)κ
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 17. NRS 482.3812 is hereby amended to read as follows:
482.3812 1. Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:
(a) Having a manufacturers rated carrying capacity of 1 ton or less; and
(b) Manufactured not later than 1948.
2. License plates issued pursuant to this section must be inscribed with the words STREET ROD and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.
3. If, during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
4. The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.
5. In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.
6. Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.
Sec. 18. NRS 482.3814 is hereby amended to read as follows:
482.3814 1. Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:
(a) Having a manufacturers rated carrying capacity of 1 ton or less; and
(b) Manufactured not earlier than 1949, but at least 20 years before the application is submitted to the Department.
2. License plates issued pursuant to this section must be inscribed with the words CLASSIC ROD and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.
3. If, during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
κ2013 Statutes of Nevada, Page 2558 (CHAPTER 439, AB 24)κ
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
4. The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.
5. In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.
6. Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.
Sec. 19. NRS 482.3816 is hereby amended to read as follows:
482.3816 1. Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:
(a) Having a manufacturers rated carrying capacity of 1 ton or less;
(b) Manufactured at least 25 years before the application is submitted to the Department; and
(c) Containing only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts.
2. License plates issued pursuant to this section must be inscribed with the words CLASSIC VEHICLE and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.
3. If, during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
4. The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.
5. In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.
6. Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.
Sec. 20. NRS 482.3824 is hereby amended to read as follows:
482.3824 1. Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, and for which additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:
κ2013 Statutes of Nevada, Page 2559 (CHAPTER 439, AB 24)κ
additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:
(a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:
(1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and
(2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.
(b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.
2. If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, fees does not include any applicable registration or license fees or governmental services taxes.
3. As used in this section:
(a) Additional fees has the meaning ascribed to it in NRS 482.38273.
(b) Charitable organization means a particular cause, charity or other entity that receives money from the imposition of additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The term includes the successor, if any, of a charitable organization.
Sec. 21. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration........................................................... $5.00
For every substitute number plate or set of plates............................ 5.00
For every duplicate number plate or set of plates........................... 10.00
For every decal displaying a county name........................................... .50
For every other decal, license plate sticker or tab.............................. 5.00
κ2013 Statutes of Nevada, Page 2560 (CHAPTER 439, AB 24)κ
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3818, inclusive, and section 1 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of duplicating the plates and manufacturing the decals.
Sec. 22. Notwithstanding the provisions of subsection 6 of section 1 of this act, the report of revenues and associated expenditures that is required to be submitted to the Director of the Legislative Counsel Bureau pursuant to those provisions must be submitted by the Nevada Sesquicentennial Commission, established by the Governor pursuant to executive order, for the period from the effective date of this act through January 1, 2015.
Sec. 23. This act becomes effective upon passage and approval.
________
Assembly Bill No. 153Assemblymen Hardy, Hambrick; Ellison, Fiore, Grady, Livermore and Wheeler
CHAPTER 440
[Approved: June 10, 2013]
AN ACT relating to alcoholic beverages; providing for the licensing and operation of craft distilleries in this State; setting forth the conditions under which spirits manufactured at such craft distilleries may be sold; removing the limitation on the number of barrels of malt beverages that an operator of one or more brew pubs may manufacture in any calendar year; requiring certain notice to be provided for bulk sales of liquor; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the operation of brew pubs and instructional wine-making facilities. (NRS 597.230, 597.245) Under existing law, facilities such as brew pubs and instructional wine-making facilities must be licensed, a fee is imposed for the license, and a person who engages in business in this State without having the appropriate permit or license for the business is guilty of a misdemeanor. (NRS 360.490, 369.180, 369.300) Sections 1, 2-4 and 6-8 of this bill: (1) authorize the operation of craft distilleries in Nevada; (2) set forth the permissible scope of operation for those craft distilleries; (3) require that the craft distilleries be licensed; and (4) impose a licensing fee of $75.
κ2013 Statutes of Nevada, Page 2561 (CHAPTER 440, AB 153)κ
Existing law prohibits a supplier of malt beverages, distilled spirits and wines from unilaterally terminating or refusing to continue a franchise with a wholesaler or causing a wholesaler to resign from a franchise without first establishing good cause. (NRS 597.160) Section 1.5 of this bill revises an exception to that provision so that suppliers who sell less than 2,000 rather than 2,500 barrels of malt beverage in any calendar year are excluded from that requirement.
Existing law prohibits a person who operates one or more brew pubs in a county whose population is 700,000 or more (currently Clark County) from manufacturing more than 15,000 barrels of malt beverages for all the brew pubs the person operates in that county in any calendar year. Additionally, a person who operates one or more brew pubs in a county whose population is less than 700,000 (currently all counties other than Clark County) is prohibited from manufacturing more than 5,000 barrels of malt beverages for all the brew pubs the person operates in that county in any calendar year. (NRS 597.230) Section 4.5 of this bill provides that a person who operates one or more brew pubs in any county is prohibited from manufacturing more than 15,000 barrels of malt beverages for all the brew pubs the person operates in any calendar year.
Section 5.5 of this bill requires a retailer of intoxicating liquors to provide certain advance notice to certain wholesalers of a bulk sale or transfer of liquor which is not in the ordinary course of the retailers business.
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 597 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person may operate a craft distillery if the person:
(a) Obtains a license for the facility pursuant to chapter 369 of NRS;
(b) Complies with the requirements of this chapter; and
(c) Complies with any other applicable governmental requirements.
2. A person who operates a craft distillery pursuant to this section may:
(a) In addition to manufacturing spirits from agricultural raw materials through distillation, blend, age, store and bottle the spirits so manufactured. The person operating the craft distillery shall ensure that none of the spirits manufactured at the craft distillery are derived from neutral or distilled spirits manufactured by another manufacturer.
(b) In any calendar year, sell and transport in Nevada not more than a combined total of 10,000 cases of spirits at all the craft distilleries the person operates to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.
(c) In any calendar year, manufacture for exportation to another state, not more than a combined total of 20,000 cases of spirits at all the craft distilleries the person operates.
(d) On the premises of the craft distillery, serve samples of the spirits manufactured at the craft distillery. Any such samples must not exceed, per person, per day, 2 fluid ounces in volume.
(e) On the premises of the craft distillery, sell the spirits manufactured at the craft distillery at retail for consumption on or off the premises. Any such spirits sold at retail for off-premises consumption must not exceed, per person, per month, 2 bottles of spirits.
κ2013 Statutes of Nevada, Page 2562 (CHAPTER 440, AB 153)κ
per person, per month, 2 bottles of spirits. Spirits purchased on the premises of a craft distillery must not be resold by the purchaser or any retail liquor store.
3. As used in this section:
(a) Bottle of spirits means a bottle containing 750 milliliters of distilled spirits.
(b) Case of spirits means 12 bottles of spirits.
Sec. 1.5. NRS 597.160 is hereby amended to read as follows:
597.160 1. Except as otherwise provided in subsection 4, if more than one franchise for the same brand or brands of malt beverages, distilled spirits and wines, or all of them, is granted to different wholesalers in this state, it is a violation of NRS 597.120 to 597.180, inclusive, for any supplier to discriminate between such wholesalers with respect to any of the terms, provisions and conditions of these franchises.
2. Except as otherwise provided in this subsection and notwithstanding the terms, provisions or conditions of any franchise, a supplier shall not unilaterally terminate or refuse to continue any franchise with a wholesaler or cause a wholesaler to resign from that franchise unless the supplier has first established good cause for that termination, noncontinuance or causing of that resignation. This subsection does not apply to a supplier who sells less than [2,500] 2,000 barrels of malt beverages, less than 250 cases of distilled spirits or less than 2,000 cases of wine in this state in any calendar year, or who operates a winery pursuant to NRS 597.240.
3. A wholesaler may, within 60 days after he or she receives a notice required pursuant to NRS 597.155, correct any failure to comply with the terms, provisions and conditions of the franchise alleged by the supplier.
4. Unless otherwise specified by contract between the supplier and wholesaler, a supplier shall not grant more than one franchise to a wholesaler for any brand of alcoholic beverage in a marketing area.
Sec. 2. NRS 597.200 is hereby amended to read as follows:
597.200 As used in NRS 597.190 to 597.250, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Alcoholic beverage means any malt beverage or spirituous, vinous or malt liquor which contains 1 percent or more ethyl alcohol by volume.
2. Brew pub means an establishment which manufactures malt beverages and sells those malt beverages at retail pursuant to the provisions of NRS 597.230.
3. Craft distillery means an establishment which:
(a) Manufactures distilled spirits from agricultural raw materials through distillation; and
(b) Is authorized to sell those distilled spirits pursuant to the provisions of this chapter.
4. Distillation means the process of producing or purifying spirituous liquor by successive evaporation and condensation.
5. Engage in includes participation in a business as an owner or partner, or through a subsidiary, affiliate, ownership equity or in any other manner.
[4.] 6. Instructional wine-making facility means an instructional wine-making facility operated pursuant to NRS 597.245.
[5.] 7. Legal age means the age at which a person is legally permitted to purchase an alcoholic beverage pursuant to NRS 202.020.
κ2013 Statutes of Nevada, Page 2563 (CHAPTER 440, AB 153)κ
[6.] 8. Malt beverage means beer, ale, porter, stout and other similar fermented beverages of any name or description, brewed or produced from malt, wholly or in part.
[7.] 9. Supplier has the meaning ascribed to it in NRS 597.140.
[8.] 10. Wine has the meaning ascribed to it in NRS 369.140.
Sec. 3. NRS 597.210 is hereby amended to read as follows:
597.210 1. Except as otherwise provided in subsection 2 and NRS 597.240, a person engaged in business as a supplier or engaged in the business of manufacturing, blending or bottling alcoholic beverages within or without this State shall not [engage] :
(a) Engage in the business of importing, wholesaling or retailing alcoholic beverages [.] ; or
(b) Operate or otherwise locate his or her business on the premises or property of another person engaged in the business of importing, wholesaling or retailing alcoholic beverages.
2. This section does not:
(a) Preclude any person engaged in the business of importing, wholesaling or retailing alcoholic beverages from owning less than 2 percent of the outstanding ownership equity in any organization which manufactures, blends or bottles alcoholic beverages.
(b) Prohibit a person engaged in the business of rectifying or bottling alcoholic beverages from importing neutral or distilled spirits in bulk only for the express purpose of rectification pursuant to NRS 369.415.
(c) Prohibit a person from operating a brew pub pursuant to NRS 597.230.
(d) Prohibit a person from operating an instructional wine-making facility pursuant to NRS 597.245.
(e) Prohibit a person from operating a craft distillery pursuant to section 1 of this act.
Sec. 4. NRS 597.220 is hereby amended to read as follows:
597.220 1. [Any] Except as otherwise provided in section 1 of this act, a person who is engaged in the business of importing or wholesaling alcoholic beverages in the State of Nevada shall not engage in the business of retailing alcoholic beverages in this state.
2. For the purposes of this section, a person who transfers or receives alcoholic beverages in the manner described in NRS 369.4865 must not be considered to be engaged in the business of wholesaling alcoholic beverages based solely upon those transfers.
Sec. 4.5. NRS 597.230 is hereby amended to read as follows:
597.230 1. In [a county whose population is 700,000 or more,] any county, a person may operate a brew pub:
(a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685, inclusive;
(b) In any historic district established in that county pursuant to NRS 384.005;
(c) In any retail liquor store as that term is defined in NRS 369.090; or
(d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.
Κ A person who operates one or more brew pubs may not manufacture more than 15,000 barrels of malt beverages for all the brew pubs he or she operates in that county in any calendar year.
κ2013 Statutes of Nevada, Page 2564 (CHAPTER 440, AB 153)κ
2. [In a county whose population is less than 700,000, a person may operate a brew pub:
(a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685, inclusive;
(b) In any historic district established in that county pursuant to NRS 384.005;
(c) In any retail liquor store as that term is defined in NRS 369.090; or
(d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.
Κ A person who operates one or more brew pubs may not manufacture more than 5,000 barrels of malt beverages for all brew pubs he or she operates in that county in any calendar year.
3.] The premises of any brew pub operated pursuant to this section must be conspicuously identified as a brew pub.
[4.] 3. A person who operates a brew pub pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other applicable governmental requirements:
(a) Manufacture and store malt beverages on the premises of the brew pub and:
(1) Sell and transport the malt beverages manufactured on the premises to a person holding a valid wholesale wine and liquor dealers license or wholesale beer dealers license issued pursuant to chapter 369 of NRS.
(2) Donate for charitable or nonprofit purposes and transport the malt beverages manufactured on the premises in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
(b) Sell at retail malt beverages manufactured on or off the premises of the brew pub for consumption on the premises.
(c) Sell at retail in packages sealed on the premises of the brew pub, malt beverages, including malt beverages in unpasteurized form, manufactured on the premises for consumption off the premises.
Sec. 5. NRS 597.250 is hereby amended to read as follows:
597.250 The license of any person who violates the provisions of NRS 597.210, 597.220, 597.230 or 597.245 or section 1 of this act must be suspended or revoked in the manner provided in chapter 369 of NRS.
Sec. 5.5. Chapter 369 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A retailer who intends to make a bulk sale of liquor shall, at least 30 days before the proposed bulk sale, provide notice to:
(a) A wholesaler who currently sells liquor to the retailer; and
(b) A wholesaler who has sold liquor to the retailer within the immediately preceding 12 months.
2. The notice provided pursuant to subsection 1 must state:
(a) That a sale of liquor which may constitute a bulk sale will be made;
(b) The prospective date of the bulk sale;
(c) The individual, partnership or corporate names and addresses of the retailer and the purchaser of the bulk sale; and
κ2013 Statutes of Nevada, Page 2565 (CHAPTER 440, AB 153)κ
(d) The address to which inquiries about the bulk sale may be made, if different from the retailers address.
3. If the retailer owes a debt to the wholesaler associated with the purchase of the liquor that will be sold or transferred through the bulk sale, the notice provided pursuant to subsection 1 must be accompanied by:
(a) A signed affidavit of the retailer which states that the debt owed to the wholesaler will be paid by the retailer to the wholesaler from the proceeds of the bulk sale; or
(b) A signed assumption of the debt by the purchaser of the bulk sale, assuming all the debt owed by the retailer to the wholesaler.
4. Any bulk sale subject to the provisions of this section is void if the retailer fails to satisfy the requirements of subsection 2 or 3, as applicable.
5. As used in this section, bulk sale means the sale or transfer to a purchaser in bulk, and not in the ordinary course of the retailers business, of 50 percent or more of the liquor sold by a wholesaler to the retailer and in the retailers possession.
Sec. 6. NRS 369.180 is hereby amended to read as follows:
369.180 1. In addition to the limitations imposed by NRS 597.210 and 597.220, a person shall not:
(a) Import liquors into this State unless the person first secures an importers license or permit from this State.
(b) Engage in business as a wholesale dealer of wines and liquors in this State unless the person first secures a wholesale wine and liquor dealers license from this State.
(c) Engage in business as a wholesale dealer of beer in this State unless the person first secures a wholesale beer dealers license from this State.
(d) Operate a winery in this State or export wine from this State unless the person first secures a wine-makers license from this State.
(e) Operate an instructional wine-making facility in this State unless the person first secures a license for the instructional wine-making facility from this State.
(f) Operate a brewery in this State unless the person first secures a brewers license from this State.
(g) Operate a brew pub in this State unless the person first secures a brew pubs license from this State.
(h) Operate a craft distillery in this State unless the person first secures a craft distillers license from this State.
2. A person who holds a license for an instructional wine-making facility:
(a) May engage in any activity authorized by NRS 597.245.
(b) May not engage in any other activity for which a license is required pursuant to this chapter, unless the person holds the appropriate license for that activity.
3. A person who holds a license for a craft distillery:
(a) May engage in any activity authorized by section 1 of this act.
(b) May not engage in any other activity for which a license is required pursuant to this chapter, unless the person holds the appropriate license for that activity.
4. As used in this section:
(a) Brew pub has the meaning ascribed to it in NRS 597.200.
(b) Brewery means an establishment which manufactures malt beverages but does not sell those malt beverages at retail.
κ2013 Statutes of Nevada, Page 2566 (CHAPTER 440, AB 153)κ
(c) Craft distillery has the meaning ascribed to it in NRS 597.200.
(d) Malt beverage has the meaning ascribed to it in NRS 597.200.
Sec. 7. NRS 369.300 is hereby amended to read as follows:
369.300 The following is a schedule of fees to be charged for licenses:
Importers wine, beer and liquor license............................................ $500
Importers beer license............................................................................ 150
Wholesale wine, beer and liquor license............................................... 250
Wholesale beer dealers license................................................................ 75
Wine-makers license................................................................................. 75
License for an instructional wine-making facility................................ 75
Brew pubs license...................................................................................... 75
Brewers license........................................................................................... 75
Craft distillers license.............................................................................. 75
Sec. 8. NRS 369.382 is hereby amended to read as follows:
369.382 Except as otherwise provided in NRS 369.386 , [and] 369.415 [,] and section 1 of this act, a supplier shall not engage in the business of importing, wholesaling or retailing alcoholic beverages in this State.
Sec. 9. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 464Committee on Ways and Means
CHAPTER 441
[Approved: June 10, 2013]
AN ACT relating to the tax on special fuel; authorizing the Department of Motor Vehicles to establish by regulation and collect a fee from certain licensed special fuel users for the issuance of the identifying device required by the International Fuel Tax Agreement; revising provisions relating to the rate of interest to be paid by a special fuel user who fails timely to file a tax return or pay any excise tax; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Department of Motor Vehicles is a party to the International Fuel Tax Agreement, a multistate agreement which facilitates the calculation and collection of certain fuel taxes from interstate trucking companies and others who use special fuel (primarily diesel fuel) in vehicles operated or intended to operate interstate. (NRS 366.175) Under the Agreement, the state in which such vehicles are based for the purposes of vehicle registration is required annually to issue certain decals for display on each such vehicle. While the vehicle is being operated in Nevada, a licensed special fuel user is required to display the decals, termed an identifying device by the Nevada statute, on the exterior of the vehicle. (NRS 366.265)
Section 1 of this bill authorizes the Department to establish by regulation a fee for the issuance of such an identifying device, in an amount not to exceed the estimated administrative costs of issuing the device. If the Department establishes the fee and issues such a device to a special fuel user whose vehicles are based in Nevada, this bill requires the Department to charge and collect the fee from the special fuel user.
κ2013 Statutes of Nevada, Page 2567 (CHAPTER 441, AB 464)κ
Section 1.5 of this bill revises the rate of interest to be paid by a special fuel user who fails to file a tax return or pay any excise tax by the date due from 1 percent per month to the rate established by the Department in accordance with the provisions of the International Fuel Tax Agreement.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 366.265 is hereby amended to read as follows:
366.265 1. A special fuel user who is required to hold a special fuel users license pursuant to the provisions of this chapter shall:
[1.] (a) If the special fuel user uses special fuel in a motor vehicle that is operated or intended to operate interstate:
[(a)] (1) Obtain an identifying device issued pursuant to a cooperative agreement entered into pursuant to NRS 366.175; and
[(b)] (2) Conspicuously display that identifying device on the exterior of the motor vehicle in such location as is required pursuant to the cooperative agreement.
[2.] (b) At any time the special fuel user is using special fuel in this State, ensure that his or her license, or a reproduction of the license that is authorized by the Department, is located in the motor vehicle.
2. The Department may establish by regulation a fee for the issuance of the identifying device described in subsection 1, in an amount not to exceed the estimated administrative costs of issuing the device. If the Department establishes the fee and issues such a device to a special fuel user, it shall charge and collect the fee from the special fuel user.
Sec. 1.5. NRS 366.395 is hereby amended to read as follows:
366.395 1. Any special fuel user who fails to file a tax return or pay any excise tax by the date due shall pay, in addition to any tax that may be due, a delinquent filing fee of $50 and a penalty of 10 percent of the amount of tax owed, plus interest on the amount of any tax that may be due at [the] a rate [of 1 percent per month or fraction thereof,] established by the Department in accordance with the provisions of a cooperative agreement entered into pursuant to NRS 366.175, from the date the tax was due until the date of payment.
2. A tax return, statement or payment is considered delinquent if it is not received by the Department on or before the date the tax return, statement or payment is due, as prescribed by the provisions of this chapter.
3. A tax return, statement or payment shall be deemed received on the date shown by the cancellation mark stamped by the United States Postal Service or the postal service of any country upon an envelope containing the tax return, statement or payment.
Sec. 2. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 2568κ
Assembly Bill No. 469Committee on Ways and Means
CHAPTER 442
[Approved: June 10, 2013]
AN ACT making appropriations to the State Department of Conservation and Natural Resources for the replacement and maintenance of emergency response, firefighting and other critical equipment and vehicles; and providing other matters properly relating thereto.
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. There is hereby appropriated from the State General Fund to:
1. The Division of Forestry of the State Department of Conservation and Natural Resources, the sum of $1,311,065 for the replacement and maintenance of emergency response and firefighting equipment and vehicles; and
2. To the Department for the forestry conservation camps, the sum of $2,559,766 for the replacement of critical equipment and vehicles, including equipment and vehicles used to respond to natural disasters and needed to move crews quickly out of dangerous situations.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the State Department of Conservation and Natural Resources 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, 2015, by either the Department 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, 2015.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 2569κ
Assembly Bill No. 491Committee on Ways and Means
CHAPTER 443
[Approved: June 10, 2013]
AN ACT relating to state financial administration; temporarily extending the allocation of a portion of the proceeds of the basic governmental services tax to the State General Fund; transferring certain commissions collected and penalties retained by the Department of Motor Vehicles with respect to the governmental services tax during Fiscal Year 2014-2015; temporarily increasing for Fiscal Year 2014-2015 the limitation on the percentage of the proceeds of certain fees and charges collected by the Department of Motor Vehicles that are authorized for the Departments costs of administration associated with the collection of those fees and charges; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The State of Nevada imposes a governmental services tax for the privilege of operating any vehicle upon the public highways of this State. (NRS 371.030) The annual amount of the basic governmental services tax is 4 cents on each $1 of valuation of the vehicle, as determined by the Department of Motor Vehicles. (NRS 371.040) Existing law sets forth depreciation schedules for determining the amount of the basic governmental services tax due each year for used vehicles and establishes a minimum tax. (NRS 371.060) In 2009, the amount of the basic governmental services tax due annually was increased for used vehicles by reducing the amount of depreciation allowed and increasing the minimum tax. The revenue from these increases in the basic governmental services tax were allocated to the State General Fund until June 30, 2013, and then were required to be deposited in the State Highway Fund thereafter. (Chapter 395, Statutes of Nevada 2009, p. 2188) Section 1 of this bill extends for an additional 2 years the period during which the increases in the basic governmental services tax are allocated to the State General Fund. Therefore, those increases will be deposited in the State Highway Fund commencing on July 1, 2015.
Under existing law, the Department of Motor Vehicles is authorized to retain a commission of 1 percent of the revenue of the governmental services tax collected by the county assessors and 6 percent of all other revenue from the governmental services tax received by the Department. (NRS 482.180) The Department is also authorized under existing law to retain any penalties collected for delinquent payment of the governmental services tax. (NRS 371.140) Section 2 of this bill transfers those commissions collected and penalties retained by the Department during Fiscal Year 2014-2015 to the State General Fund for unrestricted use.
Under existing law, all the proceeds from the imposition of any license or registration fee and other charge regarding the operation of a motor vehicle on any public highway, road or street in Nevada, except costs of administering the collection thereof, is required to be used exclusively for the construction, maintenance and repair of the States public highways, roads and streets. (Nev. Const. Art. 9, § 5; NRS 408.235) Existing law limits the amount of such proceeds that are authorized to be used as costs of administration to 22 percent of the proceeds collected. (NRS 408.235) Section 3 of this bill temporarily increases this limitation on costs of administration to 32 percent during Fiscal Year 2014-2015.
κ2013 Statutes of Nevada, Page 2570 (CHAPTER 443, AB 491)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. Section 20 of chapter 395, Statutes of Nevada 2009, as amended by chapter 476, Statutes of Nevada 2011, at page 2897, is hereby amended to read as follows:
Sec. 10.7. Section 20 of chapter 395, Statutes of Nevada 2009, at page 2199, is hereby amended to read as follows:
Sec. 20. 1. This section and section 19 of this act become effective upon passage and approval.
2. Sections 1 and 2 of this act become effective on July 1, 2009.
3. Section 3 of this act becomes effective on July 1, 2009, and expires by limitation on June 30, 2011.
4. Sections 6 to 12, inclusive, of this act become effective on July 1, 2009, and expire by limitation on June 30, 2013.
5. Sections 4, 5, 13, 14, 15, 16, 17 and 18 of this act become effective:
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On September 1, 2009, for all other purposes.
6. Sections 15.5 and 18.5 of this act become effective on July 1, [2013.] 2015.
7. Section 18 of this act expires by limitation on June 30, [2013.] 2015.
Sec. 2. The State Controller shall, as soon as practicable in Fiscal Year 2014-2015:
1. Notwithstanding the provisions of NRS 482.180, transfer the commissions collected by the Department of Motor Vehicles pursuant to subsection 6 of NRS 482.180 in an amount not to exceed $20,813,716 in Fiscal Year 2014-2015 to the State General Fund for unrestricted State General Fund use.
2. Notwithstanding the provisions of NRS 371.140, transfer the penalties retained by the Department of Motor Vehicles pursuant to subsection 1 of NRS 371.140 in an amount not to exceed $4,097,964 in Fiscal Year 2014-2015 to the State General Fund for unrestricted State General Fund use.
Sec. 3. Notwithstanding the provisions of NRS 408.235, the costs of administration of the Department of Motor Vehicles for Fiscal Year 2014-2015 for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 32 percent of the total proceeds so collected.
Sec. 4. 1. This section and section 1 of this act become effective upon passage and approval.
2. Sections 2 and 3 of this act become effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 2571κ
Assembly Bill No. 502Committee on Ways and Means
CHAPTER 444
[Approved: June 10, 2013]
AN ACT relating to education; authorizing an expenditure by the Board of Regents of the University of Nevada from the Estate Tax Account in the Endowment Fund of the Nevada System of Higher Education for the design and construction of buildings on the principal campus of the Nevada State College; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that money collected pursuant to the tax on estates and credited to the Estate Tax Account in the Endowment Fund of the Nevada System of Higher Education may be expended by the Board of Regents of the University of Nevada only upon approval of the Legislature when in regular session or the Interim Finance Committee when the Legislature is not in regular session. (NRS 375A.700, 375A.705)
This bill authorizes the expenditure of $1,262,000 by the Board of Regents from the Estate Tax Account for the design and construction of buildings on the principal campus of the Nevada State College.
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. Expenditure of $1,262,000 by the Board of Regents of the University of Nevada from the Estate Tax Account in the Endowment Fund of the Nevada System of Higher Education pursuant to subsection 3 of NRS 375A.705 for the design and construction of buildings on the principal campus of the Nevada State College is hereby approved.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 2572κ
Assembly Bill No. 505Committee on Ways and Means
CHAPTER 445
[Approved: June 10, 2013]
AN ACT relating to projects of capital improvement; authorizing certain expenditures by the State Public Works Board; levying a property tax to support the Consolidated Bond Interest and Redemption Fund; making appropriations; and providing other matters properly relating thereto.
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. There is hereby appropriated from the State General Fund to the State Public Works Division of the Department of Administration the sum of $3,500,000 to support the Division in carrying out the program of capital improvements as summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:
Description Project No. Amount
1. Capital improvements for the Department of Administration:
Exterior Finishes, Governors Mansion Complex 13-M52 $342,902
Statewide ADA Program....................................... 13-S02 $192,712
Statewide Advance Planning Program............... 13-S04 $736,207
Statewide Paving Program.................................... 13-S05 $454,968
Statewide Indoor Air Quality Program............... 13-S06 $250,520
2. Capital Improvements for the State Department of Conservation and Natural Resources:
Rehabilitate Fort Museum Old Las Vegas Mormon Fort Park 13-M53 $126,583
3. Capital Improvements for the Department of Corrections:
Recondition Existing Water Tanks 2 and 4 Indian Springs Prison Complex, Phase I 13-M42........................................................................ $382,391
4. Capital Improvements for the Office of Veterans Services:
Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home............................................................................. 13-P07 $1,013,717
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2017, 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 15, 2017, 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 15, 2017.
κ2013 Statutes of Nevada, Page 2573 (CHAPTER 445, AB 505)κ
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 15, 2017.
Sec. 3. There is hereby appropriated from the State Highway Fund to the State Public Works Division of the Department of Administration the sum of $7,370,471 to support the Division in carrying out the program of capital improvements summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:
Description Project No. Amount
1. Capital Improvements for the Department of Administration:
Roof Replacement DMV Flamingo Office and Inspection Station 13-S01h $693,374
Parking Lot Expansion and Preventative Maintenance DMV Flamingo Office 13-S05h $977,071
2. Capital Improvements for the Department of Motor Vehicles:
Construction of a new License Plate Factory Adjacent to Stewart Conservation Camp 13-C03..................................................................... $3,824,612
Design Through Construction Documents New DMV Office in central Las Vegas (Sahara) 13-P01..................................................................... $1,875,414
Sec. 4. Any remaining balance of the appropriations made by section 3 of this act must not be committed for expenditure after June 30, 2017, 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 15, 2017, 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 Highway Fund on or before September 15, 2017.
Sec. 5. The amounts appropriated pursuant to section 3 of this act from the State Highway Fund must be allocated by the State Controller as the money is required for the projects and must not be transferred to the projects from the State Highway Fund until required to make contract payments.
Sec. 6. Commencing on July 1, 2014, the Department of Motor Vehicles shall repay in annual installments to the State Treasurer for deposit in the State Highway Fund the cost of the project numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as Project 13-C03, Construction of a new License Plate Factory Adjacent to Stewart Conservation Camp. Each annual installment must be equal to at least 20 percent of the total cost incurred for the project. The project must be entirely repaid on or before June 30, 2019.
Sec. 7. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $55,505,257 for the capital improvements summarized in this section. The amount is allocated to projects numbered and identified in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:
κ2013 Statutes of Nevada, Page 2574 (CHAPTER 445, AB 505)κ
Description Project No. Amount
1. Capital Improvements for the Department of Administration:
Compact Shelving, State Library and Archives Building Carson City 13-C06 $672,138
Fire/Smoke Control System Upgrades Sawyer Office Building 13-M02 $655,178
Mail Room HVAC System Installation Sawyer Office Building 13-M08 $248,802
Chilled and Hot Water Piping Replacement Sawyer Office Building, Phase I 13-M27 $371,688
Server Room Ventilation System Upgrades Richard H. Bryan Building 13-M28 $38,155
HVAC System Renovation, Buildings 6 and 107 Stewart Complex 13-M29 $432,712
Boiler Plant Improvements Blasdel Building 13-M38 $322,390
Elevator Upgrade Belrose Building................ 13-M49 $275,715
Upgrades to Compact Shelving, State Library and Archives 13-M55 $419,949
Statewide Roofing Program.................................. 13-S01 $1,544,539
Statewide ADA Program....................................... 13-S02 $1,423,578
Sidewalk Replacement and Restroom Remodel Plumb Lane Armory 13-S02g $21,216
Statewide Fire and Life Safety Program............ 13-S03 $2,004,423
Fire Sprinkler Installation Nevada National Guard Warehouse, Carson City 13-S03g $156,190
Statewide Energy Retrofit Program..................... 13-S08 $1,905,987
2. Capital Improvements for the State Department of Conservation and Natural Resources:
Power Service Upgrade, Spring Valley State Park 13-M37 $1,418,228
3. Capital Improvements for the Department of Corrections:
Repair/Upgrade Door Control Panels, High Desert State Prison Phase I 13-M05 $863,323
Replace Door Control Panels Lovelock Correctional Center, Phase I 13-M06 $39,284
Replace High-Mast Lighting, Main Electrical Loop and Switchgear Southern Desert Correctional Center............................................................... 13-M07 $3,288,158
Replace Boiler Burners Ely State Prison........ 13-M10 $672,249
Replace Air Handling Units Ely State Prison, Phase I............. 13-M11 $4,259,822
Replace Air Handling Units Lovelock Correctional Center 13-M12 $3,182,359
κ2013 Statutes of Nevada, Page 2575 (CHAPTER 445, AB 505)κ
Description Project No. Amount
Boiler Replacement Florence McClure Womens Correctional Center 13-M15 $1,109,507
Replace Rooftop HVAC Units Florence McClure Womens Correctional Center, Phase I 13-M16........................................................................ $697,344
HVAC System Renovation Northern Nevada Correctional Center 13-M17 $569,195
Chiller and Boiler Replacement, Housing Unit 2 Warm Springs Correctional Center 13-M18........................................................................ $557,779
Replace Toilet and Urinal Flush Valves Ely State Prison 13-M40 $1,077,065
Shower and Bathroom Renovations and Sealing of Exterior Expansion Joints and Painting Florence McClure Womens Correctional Center..... 13-M41 $1,862,660
Exterior Building Protection High Desert State Prison, Phase I 13-M43 $2,306,182
Replace Culinary Flooring, Northern Nevada Correctional Center 13-M44 $415,574
Remove and Replace Culinary and Infirmary Flooring Ely State Prison 13-M46 $690,674
4. Capital Improvements for the Department of Health and Human Services:
Replace Access Bridge Caliente Youth Center 13-C01 $45,196
Renovate first floor of Building No. 3 Southern Nevada Adult Mental Health Services 13-C08..................................................................... $1,727,688
Life Safety Upgrades Lakes Crossing.......... 13-M01 $1,240,555
Control Room Renovations Lakes Crossing 13-M04 $1,577,604
Boiler Plant Improvements Lakes Crossing 13-M09 $220,016
HVAC Control System Upgrade Desert Willow Treatment Center 13-M19 $321,259
Replace HVAC System, Multipurpose Room Caliente Youth Center 13-M20 $292,986
HVAC System Renovation, Administration Building Northern Nevada Child and Adolescent Services............................................................ 13-M31 $228,098
HVAC System Replacement, Buildings 1307, 1308, 1309 and 1310 Desert Regional Center 13-M32.................................................................. $27,946
κ2013 Statutes of Nevada, Page 2576 (CHAPTER 445, AB 505)κ
Description Project No. Amount
Replace Emergency Generator, Buildings 1306 and 1391 Desert Regional Center 13-M33..................................................................... $1,084,429
Replace Rooftop HVAC Units, Building 15 Southern Nevada Child and Adolescent Services 13-M34.................................................................. $71,351
HVAC System Renovation, Residential Buildings Northern Nevada Child and Adolescent Services........................................................................... 13-M35 $71,064
HVAC System Renovation, Building 603 Sierra Regional Center 13-M36 $36,969
Planning through Construction Documents for Sanitary Sewer Upgrades Southern Nevada Child and Adolescent Services, Southern Nevada Adult Mental Health Services and Desert Regional Center................................................................. 13-P06 $40,215
5. Capital Improvements for the Nevada System of Higher Education:
Deferred Maintenance Nevada System of Higher Education 13-M57 $10,000,000
6. Capital Improvements for the Department of Tourism and Cultural Affairs:
Construct New Loading Dock and Replace Freight Elevator at Nevada State Museum Carson City............................................................................ 13-C05 $1,599,645
Replace HVAC Units Lost City Museum..... 13-M30 $207,856
7. Capital Improvements for the Office of Veterans Services:
Roof Replacement, Nevada State Veterans Home 13-M56 $1,713,311
Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home............................................................................. 13-P07 $1,373,750
8. Capital Improvements for the Department of Wildlife:
Radon Mitigation Gallagher Fish Hatchery.. 13-M03 $123,256
Sec. 8. Any remaining balance of the allocated amounts authorized in section 7 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.
Sec. 9. 1. The State Board of Finance may issue the bonds authorized pursuant to section 7 of this act at the time deemed appropriate by the Board based on the schedule established for the completion of the projects described in that section.
2. The State Controller may advance temporarily from the State General Fund, upon the approval of the Chief of the Budget Division of the Department of Administration, to the State Public Works Division of the Department, until the date on which the bonds authorized by section 7 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 7 of this act.
κ2013 Statutes of Nevada, Page 2577 (CHAPTER 445, AB 505)κ
enumerated in section 7 of this act. The amounts temporarily advanced by the State Controller shall be made as the money is required for the projects and must not be transferred to the projects from the State General Fund until required to make contract payments. The advanced amounts must be repaid immediately to the State General Fund upon the sale of the bonds or not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.
3. The Chief of the Budget Division of the Department of Administration shall provide written notification to the State Controller and the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of the advance from the State General Fund to the State Public Works Division pursuant to subsection 2. The Chief of the Budget Division of the Department of Administration shall provide a reconciliation to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the advances authorized from the State General Fund and repayments to the State General Fund made during any fiscal year during the 2013-2015 biennium. The reconciliation must be provided not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.
Sec. 10. The State Treasurer shall transfer from the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund to the State Public Works Division of the Department of Administration the sum of $10,638,165 to support the Division in carrying out the program of capital improvements as summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:
Description Project No. Amount
1. Capital Improvements for the Department of Administration:
Compact Shelving, State Library and Archives Building Carson City 13-C06 $28,000
Fire/Smoke Control System Upgrades Sawyer Office Building 13-M02 $153,000
Mail Room HVAC System Installation Sawyer Office Building 13-M08 $40,000
Chilled and Hot Water Piping Replacement Sawyer Office Building, Phase I 13-M27 $223,000
Server Room Ventilation System Upgrades Richard H. Bryan Building 13-M28 $13,000
HVAC System Renovation, Buildings 6 and 107 Stewart Complex 13-M29 $98,000
Boiler Plant Improvements Blasdel Building 13-M38 $85,000
Drainage System Improvements Governors Mansion Complex 13-M51 $63,568
Upgrades to Compact Shelving, State Library and Archives 13-M55 $15,000
κ2013 Statutes of Nevada, Page 2578 (CHAPTER 445, AB 505)κ
Description Project No. Amount
Design through Construction Documents for Building Upgrades Old Las Vegas Metro Building ............................................................................. 13-P02 $319,207
Planning through Schematic Design for Seismic Retrofit and Building Renovations Carson City Armory .............................................................. 13-P03 $144,044
Statewide Roofing Program.................................. 13-S01 $1,740,110
Roof Replacement Floyd Edsall Training Center 13-S01g $36,654
Statewide ADA Program....................................... 13-S02 $400,000
Sidewalk Replacement and Restroom Remodel Plumb Lane Armory 13-S02g $34,599
Statewide Fire and Life Safety Program............ 13-S03 $400,000
Fire Sprinkler Installation Nevada National Guard Warehouse, Carson City 13-S03g $40,000
Statewide Energy Retrofit Program..................... 13-S08 $100,000
2. Capital Improvements for the State Department of Conservation and Natural Resources:
Rehabilitate Fort Museum Old Las Vegas Mormon Fort Park 13-M53 $32,960
3. Capital Improvements for the Department of Corrections:
Water Production Well Indian Springs Prison Complex 13-C04 $166,793
Replace Door Control Panels Lovelock Correctional Center, Phase I 13-M06 $541,038
Replace High-Mast Lighting, Main Electrical Loop and Switchgear Southern Desert Correctional Center............................................................... 13-M07 $489,000
Replace Air Handling Units Ely State Prison, Phase I............. 13-M11 $612,248
Replace Air Handling Units Lovelock Correctional Center 13-M12 $647,807
Underground Piping Assessment and Repair of Leaks Lovelock Correctional Center 13-M13........................................................................ $262,259
HVAC System Renovation Northern Nevada Correctional Center 13-M17 $155,000
Chiller and Boiler Replacement, Housing Unit 2 Warm Springs Correctional Center 13-M18........................................................................... $94,000
Replace Toilet and Urinal Flush Valves Ely State Prison 13-M40 $169,000
Shower and Bathroom Renovations and Sealing of Exterior Expansion Joints and Painting Florence McClure Womens Correctional Center..... 13-M41 $219,000
κ2013 Statutes of Nevada, Page 2579 (CHAPTER 445, AB 505)κ
Description Project No. Amount
Replace Culinary Flooring, Northern Nevada Correctional Center 13-M44 $63,000
Remove and Replace Culinary and Infirmary Flooring Ely State Prison 13-M46 $131,000
4. Capital Improvements for the Department of Health and Human Services:
Replace Access Bridge Caliente Youth Center 13-C01 $416,000
Boiler Plant Improvements Lakes Crossing 13-M09 $46,000
HVAC Control System Upgrade Desert Willow Treatment Center 13-M19 $64,000
Replace HVAC System, Multipurpose Room Caliente Youth Center 13-M20 $53,000
HVAC System Renovation, Administration Building Northern Nevada Child and Adolescent Services............................................................ 13-M31 $37,000
HVAC System Replacement, Buildings 1307, 1308, 1309 and 1310 Desert Regional Center 13-M32.................................................................. $50,000
Replace Emergency Generator, Buildings 1306 and 1391 Desert Regional Center 13-M33........................................................................ $195,000
Replace Rooftop HVAC Units, Building 15 Southern Nevada Child and Adolescent Services 13-M34.................................................................. $27,000
HVAC System Renovation, Residential Buildings Northern Nevada Child and Adolescent Services........................................................................... 13-M35 $18,000
HVAC System Renovation, Building 603 Sierra Regional Center 13-M36 $12,000
Planning through Construction Documents for Sanitary Sewer Upgrades Southern Nevada Child and Adolescent Services, Southern Nevada Adult Mental Health Services and Desert Regional Center................................................................. 13-P06 $200,000
5. Capital Improvements for the Nevada System of Higher Education:
Demolition of Getchell Library UNR.............. 13-C07 $279,007
6. Capital Improvements for the Department of Tourism and Cultural Affairs:
Construct New Loading Dock and Replace Freight Elevator at Nevada State Museum Carson City............................................................................ 13-C05 $391,000
Replace HVAC Units Lost City Museum..... 13-M30 $52,000
κ2013 Statutes of Nevada, Page 2580 (CHAPTER 445, AB 505)κ
Description Project No. Amount
7. Capital Improvements for the Office of Veterans Services:
Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home............................................................................. 13-P07 $1,198,924
8. Capital Improvements for the Department of Wildlife:
Radon Mitigation Gallagher Fish Hatchery.. 13-M03 $38,087
HVAC System Renovation Reno Wildlife Headquarters 13-M39 $44,860
Sec. 11. Any remaining balance of the amount transferred in section 10 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 15, 2017.
Sec. 12. 1. The State Public Works Division of the Department of Administration shall transfer the sum of $407,009 from the amounts authorized pursuant to section 4 of chapter 585, Statutes of Nevada 2001, at page 2995, as last amended by section 21 of chapter 373, Statutes of Nevada 2011, at page 2202, for the project numbered and described in the Executive Budget for the 2001-2003 biennium or otherwise described as Project 01-C25, Academic and student services building, NSC, to the project as authorized in subsection 2.
2. The State Public Works Division of the Department of Administration shall use the $407,009 transferred pursuant to subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as Project 13-P05, Planning through Construction Documents, UNLV Hotel College Academic Building.
Sec. 13. Any remaining balance of the amount transferred in section 12 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 15, 2017.
Sec. 14. 1. The State Public Works Division of the Department of Administration shall transfer the sum of $1,136,031 from the amounts authorized pursuant to section 4 of chapter 398, Statutes of Nevada 2005, at page 1547, as last amended by section 23 of chapter 373, Statutes of Nevada 2011, at page 2204, from the projects identified in this subsection to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund:
Description Project No. Amount
Las Vegas Readiness Center for Nevada National Guard 05-C13 $500,000
Greenspun College of Urban Affairs building at UNLV 05-C16 $636,031
2. The State Treasurer shall transfer the $1,136,031 transferred to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund pursuant to subsection 1 to the State Public Works Division of the Department of Administration to support the Division in carrying out the program of capital improvements as summarized in this subsection.
κ2013 Statutes of Nevada, Page 2581 (CHAPTER 445, AB 505)κ
subsection. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:
Description Project No. Amount
(a) Capital Improvements for the Office of the Military:
Install Air Conditioning Henderson Armory. 13-M24 $500,000
(b) Capital Improvements for the Nevada System of Higher Education:
Planning through Construction Documents, UNLV Hotel College Academic Building 13-P05........................................................................ $636,031
Sec. 15. Any remaining balance of the amount transferred in section 14 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.
Sec. 16. 1. The State Public Works Division of the Department of Administration shall transfer the sum of $92,000 from the amount appropriated pursuant to section 1 of chapter 398, Statutes of Nevada 2005, at page 1543, as last amended by section 22 of chapter 373, Statutes of Nevada 2011, at page 2204, for the project numbered and described in the Executive Budget for the 2005-2007 biennium or otherwise described as Project 05-C16, Greenspun College of Urban Affairs building at UNLV, to the project as authorized in subsection 2.
2. The State Public Works Division of the Department of Administration shall use the $92,000 transferred pursuant to subsection 1 to support the Division in carrying out the program of capital improvement for the project described in the Executive Budget for the 2013-2015 biennium or otherwise described as Project 13-P05, Planning through Construction Documents, UNLV Hotel College Academic Building.
Sec. 17. Any remaining balance of the amount transferred in section 16 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the State General Fund on or before September 15, 2017.
Sec. 18. 1. The State Public Works Division of the Department of Administration shall transfer the sum of $4,189,465 from the amounts authorized pursuant to section 3 of chapter 347, Statutes of Nevada 2007, at page 1641, as last amended by section 25 of chapter 373, Statutes of Nevada 2011, at page 2206, from the projects identified in this subsection to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund:
Description Project No. Amount
SNWCC 400-bed expansion...................................... 07-C03 $58,000
ISCC 384-bed expansion and 168-bed renovation 07-C05 $80,000
Furnishings, equipment and additional construction for Greenspun College of Urban Affairs Building, UNLV....................................................................... 07-C16 $69,026
Cave Automated Virtual Environment facility at DRI construction completion 07-C17 $3,342
κ2013 Statutes of Nevada, Page 2582 (CHAPTER 445, AB 505)κ
Description Project No. Amount
Replace Campos Office Building and parking area 07-C22 $28,000
Life safety improvements of Bristlecone Building at WNCC 07-C24 $33,863
Civil Support Team WMD facility in Las Vegas.... 07-C27 $3,768,234
Door control panels and fire door replacements at SNWCC 07-M24 $59,000
Shower and bathroom renovation at NNCC......... 07-M40 $30,000
Surveillance cameras, NNCC and NSP................... 07-M48 $60,000
2. The State Treasurer shall transfer the $4,189,465 transferred to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund pursuant to subsection 1 to the State Public Works Division of the Department of Administration to support the Division in carrying out the program of capital improvements as summarized in this subsection. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:
Description Project No. Amount
(a) Capital Improvements for the Department of Administration:
Statewide ADA Program....................................... 13-S02 $28,000
(b) Capital Improvements for the Department of Corrections:
Water Production Well Indian Springs Prison Complex 13-C04 $287,000
Replace Door Control Panels Lovelock Correctional Center, Phase I 13-M06 $1,703,073
(c) Capital Improvements for the Office of the Military:
Air Conditioner Installation in the Server Room Las Vegas Readiness Center 13-M21 $140,061
Boiler Plant Improvements Washoe County Armory 13-M22 $63,695
Asbestos Abatement and Restoration Henderson Armory 13-M23 $195,921
Install Air Conditioning Henderson Armory. 13-M24 $207,326
Electrical Power Upgrade Henderson Armory 13-M25 $387,144
Replace Man Doors Stead Training Facility. 13-M54 $26,945
Planning through Construction Documents for a New Facility Maintenance Shop and Remodel of Existing Field Maintenance Shop Washoe County Armory 13-P04 $1,044,069
(d) Capital Improvements for the Nevada System of Higher Education:
Planning through Construction Documents, UNLV Hotel College Academic Building 13-P05........................................................................ $106,231
κ2013 Statutes of Nevada, Page 2583 (CHAPTER 445, AB 505)κ
Sec. 19. Any remaining balance of the amount transferred in section 18 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.
Sec. 20. 1. The State Public Works Division of the Department of Administration shall transfer the sum of $4,060,980 from the amounts authorized pursuant to section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, from the projects identified in this subsection to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund:
Description Project No. Amount
Retrofit Housing Unit No. 11 at High Desert State Prison to create the Southern Regional Medical Facility 09-C01................................................................... $538
Medical Education Learning Lab Building, UNHSS 09-C05 $732,007
Furnishings and equipment for Davidson Mathematics and Science Center, UNR 09-C08 $7,842
Furnishings and equipment for the Center for Molecular Medicine, UNR 09-C09 $180,000
Cheyenne Campus laboratory renovations and main building fire alarm, HVAC and lighting upgrades CSN........................................................................ 09-C23L $869,873
Cooling tower replacement at the State Library and Archives building 09-M01 $28,841
West entry windbreak for the Richard H. Bryan Building 09-M03 $13,942
Sedimentation remediation for the Marlette Lake Water System 09-M05 $150,000
Install traffic signal at the Kyle Canyon Fire Station 09-M06 $177,093
Cooling tower replacement for the Southern Nevada Veterans Home 09-M09 $75,419
Arsenic treatment system at Humboldt Conservation Camp 09-M10 $60,700
Replace doors, locks and control panels at Southern Desert Correctional Center 09-M11 $5,269
Replace boiler #3 at Lovelock Correctional Center 09-M12 $38,435
Replace boiler #2 at Southern Desert Correctional Center 09-M13 $1,054
Temperature control upgrade for the State Library and Archives building 09-M14 $266,578
Seismic retrofit of the Purchasing warehouse........ 09-M15 $9,142
Governors Mansion safety and security upgrades 09-M16 $11,639
Replace switch gear at the Nevada Youth Training Center 09-M18 $41,000
κ2013 Statutes of Nevada, Page 2584 (CHAPTER 445, AB 505)κ
Description Project No. Amount
Replace hot water storage tanks at the Nevada Youth Training Center 09-M20 $109,483
Replace door controls at Northern Nevada Correctional Center 09-M26 $50,000
Sanitary sewer upgrade at Northern Nevada Correctional Center 09-M28 $255
NDOW Elko Office repair and pavement project. 09-M29 $40,920
Advance planning for Hotel College Academic Building, UNLV 09-P02a $710,000
Statewide Roofing Program-Office of the Military 09-S01f $73,547
Statewide ADA Program.............................................. 09-S02 $30,441
Statewide Fire and Life Safety Program................... 09-S03 $146,962
Statewide Paving Program.......................................... 09-S05 $230,000
2. The State Treasurer shall transfer the $4,060,980 transferred to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund pursuant to subsection 1 to the State Public Works Division of the Department of Administration to support the Division in carrying out the program of capital improvements as summarized in this subsection. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:
Description Project No. Amount
(a) Capital Improvements for the Department of Administration:
Fire/Smoke Control System Upgrades Sawyer Office Building 13-M02 $150,000
Mail Room HVAC System Installation Sawyer Office Building 13-M08 $9,142
Server Room Ventilation System Upgrades Richard H. Bryan Building 13-M28 $13,942
Drainage System Improvements Governors Mansion Complex 13-M51 $11,639
Exterior Finishes, Governors Mansion Complex 13-M52 $266,578
Upgrades to Compact Shelving, State Library and Archives 13-M55 $28,841
Statewide ADA Program....................................... 13-S02 $30,441
Statewide Fire and Life Safety Program............ 13-S03 $146,962
Statewide Paving Program.................................... 13-S05 $230,000
(b) Capital Improvements for the State Department of Conservation and Natural Resources:
Power Service Upgrade, Spring Valley State Park 13-M37 $177,093
(c) Capital Improvements for the Department of Corrections:
Water Production Well Indian Springs Prison Complex 13-C04 $156,251
κ2013 Statutes of Nevada, Page 2585 (CHAPTER 445, AB 505)κ
Description Project No. Amount
(d) Capital Improvements for the Department of Health and Human Services:
Replace Access Bridge Caliente Youth Center 13-C01 $150,483
Renovate first floor of Building No. 3 Southern Nevada Adult Mental Health Services 13-C08........................................................................ $343,110
(e) Capital Improvements for the Nevada System of Higher Education:
Demolition of Getchell Library UNR.............. 13-C07 $177,883
Planning Through Construction Documents, UNLV Hotel College Academic Building 13-P05..................................................................... $1,978,729
(f) Capital Improvements for the Office of Veterans Services:
Roof Replacement, Nevada State Veterans Home 13-M56 $75,419
Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home............................................................................. 13-P07 $73,547
(g) Capital Improvements for the Department of Wildlife:
Radon Mitigation Gallagher Fish Hatchery.. 13-M03 $40,920
Sec. 21. Any remaining balance of the amount transferred in section 20 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.
Sec. 22. 1. The State Public Works Division of the Department of Administration shall transfer the sum of $2,365,612 from the amounts authorized pursuant to sections 1 and 7 of chapter 373, Statutes of Nevada 2011, at pages 2195 and 2198, respectively, from the projects identified in this subsection to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund:
Description Project No. Amount
Advance Planning-Army National Guard Aviation Support Facility at Elko Airport 11-E08 $40,000
Reno Wildlife Headquarters-Install Electrical and Sprinkler System 11-M01 $200,000
Laxalt Building-ceiling and wall repair.................... 11-M03 $5,000
Evaporative media replacement-High Desert State Prison 11-M21 $331,004
HVAC replacement-Northern Nevada Correctional Center Regional Medical Facility 11-M27 $198,522
Replace boiler-Lovelock Correctional Center Central Plant 11-M30 $775,986
Upgrade culinary walk-in freezer and refrigerators Northern Nevada Correctional Center 11-M34 $200,000
κ2013 Statutes of Nevada, Page 2586 (CHAPTER 445, AB 505)κ
Description Project No. Amount
HVAC Renovation Desert Regional Center Building 1300 11-M37 $80,000
HVAC Renovation Desert Regional Center Building 1391 11-M38 $120,000
Statewide Fire and Life Safety Program................... 11-S03 $415,100
2. The State Treasurer shall transfer the $2,365,612 transferred to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund pursuant to subsection 1 to the State Public Works Division of the Department of Administration to support the Division in carrying out the program of capital improvements as summarized in this subsection. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:
Description Project No. Amount
(a) Capital Improvements for the Department of Administration:
Statewide Fire and Life Safety Program............ 13-S03 $420,100
(b) Capital Improvements for the Department of Corrections:
Water Production Well Indian Springs Prison Complex 13-C04 $272,923
Repair/Upgrade Door Control Panels, High Desert State Prison Phase I 13-M05 $1,232,589
(c) Capital Improvements for the Department of Health and Human Services:
HVAC System Replacement, Buildings 1307, 1308, 1309 and 1310 Desert Regional Center 13-M32................................................................ $200,000
(d) Capital Improvements for the Office of Veterans Services:
Advance Planning through Bid Documents for a 96 Bed Northern Nevada Veterans Home 13-P07........................................................................... $40,000
(e) Capital Improvements for the Department of Wildlife:
HVAC System Renovation Reno Wildlife Headquarters 13-M39 $200,000
Sec. 23. Any remaining balance of the amount transferred in section 22 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.
Sec. 24. 1. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:
Description Project No. Amount
Replace Access Bridge Caliente Youth Center.... 13-C01 $1,956,936
Air Conditioner Installation in the Server Room Las Vegas Readiness Center 13-M21 $117,993
Boiler Plant Improvements Washoe County Armory 13-M22 $129,537
κ2013 Statutes of Nevada, Page 2587 (CHAPTER 445, AB 505)κ
Description Project No. Amount
Asbestos Abatement and Restoration Henderson Armory 13-M23 $172,848
Install Air Conditioning Henderson Armory....... 13-M24 $610,260
Electrical Power Upgrade Henderson Armory.... 13-M25 $336,621
Power Service Upgrade, Spring Valley State Park. 13-M37 $350,000
Replace Man Doors Stead Training Facility....... 13-M54 $347,159
HVAC System Renovation, Fleet Services Division Carson City 13-M58 $46,890
Design Through Construction Documents New DMV Office in central Las Vegas (Sahara) 13-P01 $267,916
Planning through Construction Documents, UNLV Hotel College Academic Building 13-P05 $1,725,461
Roof Replacement Floyd Edsall Training Center 13-S01g $28,587
Sidewalk Replacement and Restroom Remodel Plumb Lane Armory 13-S02g $114,854
Statewide Indoor Air Quality Program...................... 13-S06 $100,000
Statewide Energy Retrofit Program........................... 13-S08 $1,185,000
Statewide Building Official Projects.......................... 13-S09 $924,114
2. The State Public Works Division of the Department of Administration shall not execute a contract for construction of a project listed in subsection 1 that includes federal funding until the Division has determined that the federal funding for the project has been received and is available for expenditure for the project.
Sec. 25. The State Public Works Division of the Department of Administration shall carry out the provisions of this act as provided in chapter 341 of NRS. The Division shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.
Sec. 26. All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Division of the Department of Administration to expedite completion of the project.
Sec. 27. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $1,000,000 in Fiscal Year 2013-2014 as provided in NRS 233C.225 for the program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.
Sec. 28. 1. The State Board of Finance shall issue $2,500,000 in general obligation bonds of the State in Fiscal Year 2013-2014 for the purpose described in:
(a) Subsection 1 of section 2;
(b) Subsection 2 of section 2; and
(c) Subsection 7 of section 2,
Κ of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104.
κ2013 Statutes of Nevada, Page 2588 (CHAPTER 445, AB 505)κ
2. The amount authorized to be issued under each paragraph of subsection 1 of this section shall equal the difference between the amount authorized to be issued for the specific purpose identified in that subsection under section 2 of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104, and the amount actually issued for that specific purpose before the effective date of this act.
Sec. 29. 1. The State Board of Finance shall issue $1,500,000 in general obligation bonds of the State in Fiscal Year 2013-2014 for the purpose described in section 1 of chapter 437, Statutes of Nevada 2011, at page 2638.
2. The amount authorized to be issued under subsection 1 of this section shall equal the difference between the amount authorized to be issued for the specific purpose identified in section 1 of chapter 437, Statutes of Nevada 2011, at page 2638, and the amount actually issued for that specific purpose before the effective date of this act.
Sec. 30. 1. An ad valorem tax of 15.55 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2013-2014, and an ad valorem tax of 15.55 cents on each $100 of assessed valuation is hereby levied for Fiscal Year 2014-2015. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State including the net proceeds of minerals and excluding such property as is by law exempt from taxation. Notwithstanding the provisions of NRS 361.453 to the contrary, 0.55 cents of the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.
2. An ad valorem tax of 1.45 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2013-2014, and an ad valorem tax of 1.45 cents on each $100 of assessed valuation is hereby levied for Fiscal Year 2014-2015. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State excluding such property as is by law exempt from taxation. The proceeds of the taxes levied pursuant to this subsection must be used exclusively for the repayment of bonded indebtedness issued pursuant to the provisions of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104. Notwithstanding the provisions of NRS 361.453 to the contrary, the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.
3. The proceeds of the taxes levied by this section are hereby appropriated in each fiscal year to the Consolidated Bond Interest and Redemption Fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the State General Fund.
Sec. 31. 1. On or before July 1, 2013, and July 1, 2014, the State Treasurer shall estimate the amount of proceeds of the taxes levied by section 30 of this act. If the sum of that estimate and the balance of ad valorem reserves in the Consolidated Bond Interest and Redemption Fund is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, the State Treasurer shall ask the State Controller to reserve in the State General Fund an amount which is sufficient to pay the remainder of the total obligation.
κ2013 Statutes of Nevada, Page 2589 (CHAPTER 445, AB 505)κ
General Fund an amount which is sufficient to pay the remainder of the total obligation. The State Treasurer may revise the estimate and amount reserved.
2. If the money in the Consolidated Bond Interest and Redemption Fund is insufficient to pay those obligations as they become due, the State Controller shall cause the money in reserve to be transferred from the State General Fund to the Consolidated Bond Interest and Redemption Fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 19, 2014, and September 18, 2015, respectively.
3. The State Treasurer shall report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee:
(a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the State General Fund based upon the estimate;
(b) The amount of money transferred from the State General Fund pursuant to subsection 2; and
(c) The amount of money which reverts to the State General Fund pursuant to subsection 2.
Sec. 32. The State Board of Finance, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 77th Session of the Nevada Legislature from the proceeds of those bonds.
Sec. 33. 1. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized from the Consolidated Bond Interest and Redemption Fund in the amount of $157,758,106 for Fiscal Year 2013-2014, and in the amount of $152,830,221 for Fiscal Year 2014-2015.
2. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program for any account within the Consolidated Bond Interest and Redemption Fund for the payment of principal, interestand related costs of issuance for securities approved by the State Legislature pursuant to the provisions of this act.
Sec. 34. 1. With the approval of the Interim Finance Committee, the State Public Works Division of the Department of Administration and the Nevada System of Higher Education may transfer appropriated, allocated and authorized money from one project to another within the same agency or within the Nevada System of Higher Education for those projects listed in sections 1, 3, 7, 10, 12, 14, 16, 18, 20, 22 and 35 of this act.
2. Transfers of money pursuant to subsection 1 to or from projects authorized in section 24, must maintain the overall ratio of appropriated, allocated and authorized money in total for those projects.
Sec. 35. The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 that is distributed to the Special Capital Construction Fund for Higher Education, except any amount of that money which is needed to pay the principal and interest on bonds, is appropriated to the State Public Works Division of the Department of Administration in the sum of $5,000,000 for the project numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as project 13-M57, Deferred Maintenance, Nevada System of Higher Education.
κ2013 Statutes of Nevada, Page 2590 (CHAPTER 445, AB 505)κ
described in the Executive Budget for the 2013-2015 biennium or otherwise described as project 13-M57, Deferred Maintenance, Nevada System of Higher Education.
Sec. 36. Any remaining balance of the appropriation made by section 35 of this act must not be committed for expenditure after June 30, 2017, 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 15, 2017, 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 fund of origin on or before September 15, 2017.
Sec. 37. Section 5 of chapter 398, Statutes of Nevada 2005, as last amended by section 23 of chapter 373, Statutes of Nevada 2011, at page 2204, is hereby amended to read as follows:
Sec. 5. 1. Except as otherwise provided in this section, any remaining balance of the allocated amounts authorized in section 4 of chapter 398, Statutes of Nevada 2005, at pages 1547 and 1548, must not be committed for expenditure after June 30, 2009, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2009.
2. Any remaining balance of the allocated amounts authorized in section 4 of chapter 398, Statutes of Nevada 2005, at pages 1547 and 1548, for the following projects, must not be committed for expenditure after June 30, 2011, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2011:
Description Project No.
(a) Deferred construction of new campus library at UNR. 05-C05
(b) Greenspun College of Urban Affairs building at UNLV 05-C16
(c) Design and construction of electrical and industrial technology Building at Great Basin College 05-C18
(d) New classroom building on West Charleston Campus of CCSN 05-C20c
(e) Construction of student services building addition and renovation of Frazier Hall at UNLV 05-C67L
(f) Science and math education center at UNR................ 05-C68L
3. Any remaining balance of the allocated amounts authorized in section 4 of chapter 398, Statutes of Nevada 2005, at pages 1547 and 1548, for project 05-C13, Las Vegas readiness center for Nevada National Guard, must not be committed for expenditure after [June 30, 2013,] June 30, 2015, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before [September 20, 2013.] September 18, 2015.
κ2013 Statutes of Nevada, Page 2591 (CHAPTER 445, AB 505)κ
Sec. 38. Section 4 of chapter 347, Statutes of Nevada 2007, as last amended by section 25 of chapter 373, Statutes of Nevada 2011, at page 2206, is hereby amended to read as follows:
Sec. 4. 1. Except as otherwise provided in [subsection 2,] this section, any remaining balance of the allocated amounts authorized in section 3 of chapter 347, Statutes of Nevada 2007, at pages 1641 to 1644, inclusive, must not be committed for expenditure after June 30, 2011, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2011.
2. Any remaining balance of the allocated amounts authorized in section 3 of chapter 347, Statutes of Nevada 2007, at pages 1641 to 1644, inclusive, for the following projects, must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013:
Description Project No.
(a) SNWCC 400-bed expansion............................................. 07-C03
(b) ISCC 384-bed expansion and 168-bed renovation...... 07-C05
(c) Construction of housing unit and facility expansion at SDCC 07-C07a
(d) Furnishings, equipment and additional construction for Greenspun College of Urban Affairs Building, UNLV........................................................................................... 07-C16
(e) Cave Automated Virtual Environment facility at DRI-construction completion 07-C17
(f) Replace Campos Office Building and parking area...... 07-C22
(g) Life safety improvements of Bristlecone Building at WNCC 07-C24
(h) Civil Support Team WMD facility in Las Vegas........... 07-C27
(i) [Door control panels and fire door replacements at SNWCC 07-M24
(j) Shower and bathroom renovation at NNCC.................. 07-M40
(k) Surveillance cameras, NNCC and NSP.......................... 07-M48
(l)] Southern Nevada Veterans Cemetery expansion - planning 07-P05
3. Any remaining balance of the allocated amounts authorized in section 3 of chapter 347, Statutes of Nevada 2007, at page 1641, for the following projects, must not be committed for expenditure after June 30, 2015, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2015:
Description Project No.
(a) Door control panels and fire door replacements at SNWCC 07-M24
(b) Shower and bathroom renovation at NNCC................ 07-M40
(c) Surveillance cameras, NNCC and NSP......................... 07-M48
κ2013 Statutes of Nevada, Page 2592 (CHAPTER 445, AB 505)κ
Sec. 39. Section 2 of chapter 440, Statutes of Nevada 2009, at page 2458, is hereby amended to read as follows:
Sec. 2. [Any]
1. Except as otherwise provided in subsections 2 and 3, any remaining balance of the allocated amounts authorized in section 1 of [this act] chapter 440, Statutes of Nevada 2009, at page 2456, must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013.
2. Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the following projects, must not be committed for expenditure after June 30, 2015, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2015:
Description Project No.
(a) Complete permanent exhibit construction Las Vegas Springs Preserve Museum 09-C04
(b) Medical Education Learning Lab Building, UNHSS. 09-C05
(c) Field maintenance shop facility at the Las Vegas Readiness Center 09-C13
(d) New readiness center North Las Vegas....................... 09-C14
(e) New Elko County Readiness Center............................... 09-C15
(f) Southern Nevada Veterans Cemetery expansion.......... 09-C18
(g) Water supply backflow prevention for the Bradley Building and Stewart Facility 09-M02a
(h) Well replacement at the Nevada Youth Training Center 09-M08
(i) Sewage dump station upgrade at Stewart Conservation Camp 09-M32
3. Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the following project, must not be committed for expenditure after June 30, 2014, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 19, 2014:
Description Project No.
Statewide Advance Planning Program......................................... 09-S04
Sec. 40. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 2593κ
Assembly Bill No. 507Committee on Ways and Means
CHAPTER 446
[Approved: June 10, 2013]
AN ACT relating to state financial administration; making appropriations from the State General Fund and the State Highway Fund for the support of the civil government of the State of Nevada for the 2013-2015 biennium; providing for the use of the money so appropriated; making various other changes relating to the financial administration of the State; and providing other matters properly relating thereto.
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. The sums set forth in sections 2 to 31, inclusive, of this act are hereby appropriated from the State General Fund for the purposes expressed in those sections, and for the support of the government of the State of Nevada for Fiscal Year 2013-2014 and Fiscal Year 2014-2015.
2013-2014 2014-2015
Sec. 2. The Office and Mansion of the Governor.
For the support of the:
Office of the Governor................... $2,232,955 $2,259,083
Governors Mansion....................... 345,240 347,823
High Level Nuclear Waste............. 675,794 678,105
Energy Conservation...................... 115,774 100
Sec. 3. The Office of Lieutenant Governor.
For the support of the Office of the Lieutenant Governor $494,211 $508,152
Sec. 4. The Office of Attorney General.
For the support of the:
Attorney General Administration Account $14,041,814 $14,612,188
Special Litigation Account............ 229,085 229,085
Medicaid Fraud Control Unit........ 100 100
Crime Prevention Program............ 227,807 233,943
Office of the Extradition Coordinator 512,561 514,510
Bureau of Consumer Protection.. 622,415 625,303
Advisory Council for Prosecuting Attorneys 100 100
Sec. 5. The Office of Secretary of State.
For the support of the:
Office of the Secretary of State... $13,288,785 $13,945,557
HAVA Election Reform................. 100 100
κ2013 Statutes of Nevada, Page 2594 (CHAPTER 446, AB 507)κ
2013-2014 2014-2015
Sec. 6. The Office of State Treasurer.
For the support of the Office of the State Treasurer $741,099 $721,515
Sec. 7. The Office of State Controller.
For the support of the Office of the State Controller $4,427,566 $4,369,629
Sec. 8. Department of Administration.
For the support of the:
Budget and Planning Division...... $3,874,600 $4,370,153
Division of Internal Audits............ 1,236,708 1,259,557
Merit Award Board......................... 1,100 1,100
National Judicial College and National College of Juvenile and Family Justice 130,430...................................... 130,430
Special Appropriations................... 200,000 200,000
Nevada State Library..................... 2,939,511 2,943,348
Archives and Records.................... 1,102,875 1,102,803
Public Works Division - Facility Condition and Analysis 272,104 270,927
Fleet Services Capital Purchases.. 4,144,306 405,080
Sec. 9. Department of Taxation.
For the support of the Department of Taxation $25,431,173 $26,261,393
Sec. 10. Legislative Fund.
For the support of the:
Legislative Commission................. $278,234 $138,744
Audit Division.................................. 3,335,655 3,323,452
Administrative Division................. 8,991,646 9,247,337
Legal Division.................................. 8,460,053 8,355,929
Research Division........................... 4,713,951 4,601,070
Fiscal Analysis Division................. 3,613,051 3,594,868
Interim Legislative Operations..... 633,315 633,802
Sec. 11. Supreme Court of Nevada.
For the support of the:
Supreme Court of Nevada............ $4,726,541 $4,800,021
Supreme Court Law Library......... 1,615,920 1,634,197
Judicial Programs and Services Division 679,636 697,022
Judicial Retirement System State Share 2,037,650 2,037,650
Senior Justice and Senior Judge Program 967,995 966,600
Judicial Selection............................. 18,270 18,270
State Judicial Elected Officials..... 21,073,223 21,378,512
Sec. 12. Commission on Judicial Discipline.
For the support of the Commission on Judicial Discipline $647,511 $643,129
κ2013 Statutes of Nevada, Page 2595 (CHAPTER 446, AB 507)κ
2013-2014 2014-2015
Sec. 13. Governors Office of Economic Development.
For the support of the:
Governors Office of Economic Development $7,899,539 $6,906,084
Rural Community Development. 160,034 163,764
Procurement Outreach Program... 111,652 113,810
Nevada Catalyst Fund................... 0 1,500,000
Nevada Knowledge Fund.............. 5,000,000 5,000,000
Sec. 14. Department of Tourism and Cultural Affairs.
For the support of the:
Museums and History Administration $179,260 $178,687
Nevada Historical Society, Reno. 245,116 244,126
Nevada State Museum, Carson City 668,373 672,899
Nevada State Museum, Las Vegas 649,406 656,549
Lost City Museum.......................... 177,201 172,378
Nevada State Railroad Museums 442,208 449,363
Nevada Arts Council...................... 537,513 534,381
Nevada Humanities....................... 50,000 50,000
Nevada Indian Commission......... 189,600 188,442
Sec. 15. Department of Education.
For the support of the:
Education State Programs............. $4,043,044 $4,285,666
Career and Technical Education. 688,233 688,233
Teacher Education and Licensing........................... 100 100
Continuing Education.................... 661,861 661,861
Individuals with Disabilities Education Act 100 100
Proficiency Testing......................... 6,732,044 6,518,000
Educator Effectiveness.................. 150,000 170,000
Sec. 16. State Public Charter School Authority.
For the support of the:
Public Charter School Loan Program $750,000 $0
Sec. 17. Nevada System of Higher Education.
For the support of the:
System Administration.................. $4,589,482 $4,653,275
Performance Funding Pool............ 0 18,926,196
State-Funded Perkins Loan........... 35,793 35,793
System Computing Center............ 16,567,790 16,870,709
κ2013 Statutes of Nevada, Page 2596 (CHAPTER 446, AB 507)κ
2013-2014 2014-2015
University Press............................... $397,206 $406,989
Special Projects............................... 1,958,206 1,974,778
Business Center North.................... 1,805,573 1,829,353
Business Center South................... 1,610,511 1,642,847
University of Nevada, Reno......... 88,942,197 86,741,795
UNR Intercollegiate Athletics.... 4,952,507 4,972,752
UNR Statewide Programs........... 7,018,477 7,364,608
Agricultural Experiment Station... 4,764,698 4,872,744
Cooperative Extension Service.... 3,401,923 3,490,641
School of Medical Sciences.......... 30,779,902 31,253,285
Health Laboratory and Research 1,485,657 1,502,862
University of Nevada, Las Vegas 127,048,926 123,910,349
UNLV Intercollegiate Athletics. 7,020,612 7,049,245
UNLV Statewide Programs........ 2,850,091 2,866,667
UNLV Law School.......................... 7,255,748 7,404,114
UNLV Dental School...................... 7,163,172 7,422,189
Great Basin College........................ 12,281,953 12,097,189
Nevada State College..................... 12,214,541 11,940,221
Desert Research Institute............... 7,450,078 7,526,457
College of Southern Nevada......... 85,128,000 83,142,719
Western Nevada College............... 13,319,386 12,916,584
Truckee Meadows Community College 29,548,559 28,848,867
Western Interstate Commission for Higher Education Administration 328,459 338,108
Western Interstate Commission for Higher Education Loan and Stipend 724,451...................................... 757,357
Sec. 18. Commission on Postsecondary Education.
For the support of the Commission on Postsecondary Education $311,771 $318,504
Sec. 19. Department of Health and Human Services.
For the support of the:
Health and Human Services Administration $1,122,757 $1,177,800
Grants Management Unit.............. 161,900 160,683
Office of the State Public Defender 1,095,914 1,091,345
Consumer Health Assistance........ 308,327 304,910
State Council on Developmental Disabilities 164,725 164,753
Division of Health Care Financing and Policy:
Nevada Medicaid..................... 520,670,784 563,002,845
κ2013 Statutes of Nevada, Page 2597 (CHAPTER 446, AB 507)κ
2013-2014 2014-2015
Health Care Financing and Policy Administration $24,786,128........................ $24,005,027
Nevada Check-Up Program... 9,587,979 9,353,356
Aging and Disability Services Division:
Federal Programs and Administration 3,404,894 3,277,912
Home and Community-Based Services 11,328,331 13,107,004
Early Intervention Services..... 28,924,730 32,463,532
Desert Regional Center............ 46,532,718 48,528,955
Sierra Regional Center............. 17,764,569 17,695,240
Rural Regional Center............. 8,344,931 7,984,160
Family Preservation Program. 1,576,202 1,659,604
Division of Child and Family Services:
Community Juvenile Justice Programs 2,349,807 2,349,807
UNITY/SACWIS...................... 3,173,855 3,017,550
Children, Youth and Family Administration 5,403,390 5,473,059
Nevada Youth Training Center 6,769,490 6,615,359
Caliente Youth Center............. 7,948,070 7,809,522
Rural Child Welfare................. 6,170,119 6,713,467
Youth Alternative Placement. 2,184,481 2,184,481
Youth Parole Services.............. 2,795,382 2,834,408
Northern Nevada Child and Adolescent Services 3,197,801 3,201,867
Clark County Child Welfare .. 45,229,566 46,832,959
Washoe County Child Welfare 15,251,425 15,786,606
Southern Nevada Child and Adolescent Services 9,873,709 9,905,365
Juvenile Correctional Facility 3,466,062 4,629,350
Division of Public and Behavioral Health:
Public Health:
Office of Health Administration $944,844 $931,233
Maternal Child Health Services 1,069,203 1,066,952
Community Health Services.. 939,353 963,682
Communicable Diseases......... 2,090,735 2,087,442
Emergency Medical Services.. 819,111 647,085
κ2013 Statutes of Nevada, Page 2598 (CHAPTER 446, AB 507)κ
2013-2014 2014-2015
Immunization Program........... $1,024,567 $1,024,567
Child Care Services.................. 26,111 49,639
Biostatistics and Epidemiology 317,118 317,183
Behavioral Health:
Mental Health Administration 1,920,554 1,970,249
Mental Health Information System 2,358,122 2,382,743
Southern Nevada Adult Mental Health Services 72,371,060 65,153,511
Northern Nevada Adult Mental Health Services 24,676,199 22,556,665
Lakes Crossing Center ........... 8,944,009 8,909,286
Rural Clinics.............................. 9,231,720 7,470,439
Substance Abuse Prevention and Treatment Agency 6,548,626 6,247,823
Division of Welfare and Supportive Services:
Welfare Administration........... 11,291,107 10,985,140
Welfare Field Services Account 29,353,659 30,384,651
Assistance to Aged and Blind. 8,608,987 8,998,285
Temporary Assistance for Needy Families 24,607,702 24,607,702
Child Assistance and Development 4,580,666 4,583,446
Sec. 20. Office of the Military.
For the support of the:
Office of the Military..................... $2,461,549 $2,545,529
National Guard Benefits................ 59,100 59,100
Patriot Relief Fund.......................... 100 100
Carlin Armory.................................. 861,170 808,314
Sec. 21. Office of Veterans Services.
For the support of the:
Commissioner for Veterans Affairs $1,712,395 $1,818,448
Sec. 22. Department of Corrections.
For the support of the:
Office of the Director..................... $18,854,017 $17,208,698
Medical Care................................... 40,819,846 39,006,709
Correctional Programs................... 6,215,044 6,318,786
Southern Nevada Correctional Center 272,871 273,336
Southern Desert Correctional Center 21,807,369 22,023,425
Nevada State Prison....................... 122,160 122,160
Northern Nevada Correctional Center 25,184,882 25,548,263
κ2013 Statutes of Nevada, Page 2599 (CHAPTER 446, AB 507)κ
2013-2014 2014-2015
Warm Springs Correctional Center $10,156,762 $10,091,860
Ely State Prison............................... 24,747,892 24,568,627
Lovelock Correctional Center...... 21,717,015 21,913,283
Florence McClure Womens Correctional Center 13,698,481 14,771,310
Stewart Conservation Camp........ 1,590,128 1,606,159
Ely Conservation Camp................ 1,213,387 1,219,330
Humboldt Conservation Camp... 1,183,628 1,244,982
Three Lakes Valley Conservation Camp 2,361,234 2,399,988
Jean Conservation Camp.............. 1,602,357 1,501,730
Pioche Conservation Camp.......... 1,558,287 1,570,103
Carlin Conservation Camp........... 1,171,086 1,181,050
Wells Conservation Camp............ 1,228,952 1,198,601
Silver Springs Conservation Camp 3,075 3,075
Tonopah Conservation Camp..... 1,185,627 1,180,035
Northern Nevada Restitution Center 740,584 675,101
High Desert State Prison................ 43,719,890 44,479,798
Casa Grande Transitional Housing 2,891,528 3,155,371
Sec. 23. Department of Business and Industry.
For the support of the:
Business and Industry Administration $118,979 $168,084
Division of Financial Institutions. 100 100
Real Estate Administration........... 707,501 730,528
Office of Labor Commissioner.... 1,417,221 1,408,842
Nevada Athletic Commission....... 552,946 543,369
Sec. 24. State Department of Agriculture.
For the support of the:
Agriculture Administration............ $40,000 $40,000
Plant Health and Quarantine Services 400,532 401,730
Veterinary Medical Services......... 924,761 894,326
Predatory Animal and Rodent Control 704,752 709,775
Nutrition Education Programs...... 106,934 106,934
Sec. 25. State Department of Conservation and Natural Resources.
For the support of the:
Conservation and Natural Resources Administration $435,034 $448,090
Division of State Parks................... 3,860,780 3,474,019
Nevada Tahoe Regional Planning Agency 1,318 1,318
κ2013 Statutes of Nevada, Page 2600 (CHAPTER 446, AB 507)κ
2013-2014 2014-2015
Division of Forestry........................ $3,764,892 $3,727,520
Forest Fire Suppression.................. 2,499,636 2,499,636
Forestry Conservation Camps...... 5,184,324 5,071,469
Wildland Fire Protection Program 182,774 264,474
Division of Water Resources......... 4,084,214 1,902,301
Division of State Lands................. 1,138,325 1,148,927
Conservation Districts Program.... 297,725 301,804
State Historic Preservation Office 304,861 295,481
Comstock Historic District............ 164,959 166,918
Sec. 26. Tahoe Regional Planning Agency.
For the support of the:
Tahoe Regional Planning Agency $1,118,532 $1,107,532
Sec. 27. Department of Wildlife.
For the support of the:
Division of Fisheries Management $149,892 $149,892
Division of Diversity....................... 344,873 344,873
Sec. 28. Department of Employment, Training and Rehabilitation.
For the support of the:
Nevada Equal Rights Commission $995,968 $995,137
Bureau of Vocational Rehabilitation 2,222,977 2,218,196
Bureau of Services to the Blind and Visually Impaired 617,537 616,310
Sec. 29. Department of Motor Vehicles.
For the support of the:
Division of Field Services............... $6,801 $6,819
Division of Central Services and Records 18,919 19,124
Sec. 30. Department of Public Safety.
For the support of the:
Training Division............................. $281,132 $267,778
Justice Grant.................................... 59,891 60,674
Nevada Highway Patrol................ 17,834 17,834
Dignitary Protection........................ 1,040,493 1,077,905
Division of Investigations.............. 5,738,838 5,655,063
Division of Emergency Management 341,854 346,606
State Board of Parole Commissioners 2,534,977 2,463,680
Division of Parole and Probation. 34,874,652 35,529,128
Central Repository for Nevada Records of Criminal History 100 100
κ2013 Statutes of Nevada, Page 2601 (CHAPTER 446, AB 507)κ
2013-2014 2014-2015
Child Volunteer Background Checks $15,087 $15,087
State Fire Marshal........................... 520,104 523,466
Office of Homeland Security....... 176,435 176,785
Sec. 31. Commission on Ethics.
For the support of the Commission on Ethics $238,104 $234,376
Sec. 32. The following sums are hereby appropriated from the State Highway Fund for the purposes expressed in this section for Fiscal Year 2013-2014 and Fiscal Year 2014-2015:
2013-2014 2014-2015
Department of Administration:
Fleet Services Capital Purchase.... $626,631 $501,210
Department of Motor Vehicles:
Office of the Director..................... 2,574,023 2,732,211
Division of Administrative Services 4,095,519 4,523,993
Hearings Office............................... 1,218,868 1,218,942
Automation...................................... 5,781,437 5,426,976
Division of Field Services............... 17,382,510 41,576,301
Division of Compliance Enforcement 4,518,112 4,541,352
Division of Central Services and Records 5,700,016 6,037,262
Division of Management Services 1,331,040 1,357,165
Motor Carrier Division................... 2,070,895 3,054,482
License Plate Factory..................... 500,000 0
Department of Public Safety:
Training Division............................. 832,814 784,425
Nevada Highway Patrol................ 64,414,119 65,528,163
Highway Safety Plan and Administration 186,486 182,898
Division of Investigations.............. 343,842 348,139
State Emergency Response Commission 218,391 225,291
Department of Business and Industry:
Transportation Authority.............. 2,400,107 2,379,382
Legislative Fund:
Legislative Commission................. 5,000 5,000
Sec. 33. 1. Except as otherwise provided in subsection 3, the sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work-programmed for the 2 separate fiscal years of the 2013-2015 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 Department of Administration and in accordance with the provisions of the State Budget Act.
κ2013 Statutes of Nevada, Page 2602 (CHAPTER 446, AB 507)κ
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the Supreme Court of Nevada, and the Legislative Fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 34. The sums appropriated to:
1. Individuals with Disabilities Education Act;
2. Forest Fire Suppression;
3. National Guard Benefits;
4. Maternal Child Health Services;
5. Immunization Program;
6. Welfare Administration;
7. Welfare Field Services Account;
8. Temporary Assistance for Needy Families (TANF);
9. Assistance to Aged and Blind;
10. Child Assistance and Development;
11. Nevada Medicaid;
12. Health Care Financing and Policy Administration;
13. Nevada Check-Up Program;
14. Rural Child Welfare;
15. Attorney Generals Special Litigation Account;
16. Attorney Generals Office of the Extradition Coordinator;
17. Commission on Ethics;
18. Clark County Child Welfare;
19. Washoe County Child Welfare;
20. Child Volunteer Background Checks;
21. High Level Nuclear Waste;
22. Fleet Services Capital Purchase; and
23. Educator Effectiveness,
Κ are available for both Fiscal Year 2013-2014 and Fiscal Year 2014-2015, 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.
Sec. 35. Amounts appropriated pursuant to sections 15 and 19 of this act to finance specific programs as outlined in this section are available for both Fiscal Year 2013-2014 and Fiscal Year 2014-2015, 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:
1. Of the amounts appropriated to the Department of Education, Proficiency Testing, pursuant to section 15 of this act:
(a) A total of $3,516,808 in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 for the high school proficiency examination or other statewide assessments in high school required by statute and the criterion-referenced examination.
(b) A total of $549,256 in Fiscal Year 2013-2014 and $549,383 in Fiscal Year 2014-2015 for the state writing proficiency examinations.
(c) A total of $549,508 in Fiscal Year 2013-2014 and $527,131 in Fiscal Year 2014-2015 for enhancements and maintenance related to the System for Accountability Information in Nevada.
κ2013 Statutes of Nevada, Page 2603 (CHAPTER 446, AB 507)κ
2. Of the amounts appropriated to the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to section 19 of this act, a total of $1,817,970 in Fiscal Year 2013-2014 and $1,816,484 in Fiscal Year 2014-2015 to support medication costs within the AIDS Drug Assistance Program.
Sec. 36. The sums appropriated to Nevada Medicaid and Health Care Financing and Policy Administration pursuant to section 19 of this act may be transferred between each account for the purpose of implementing a care management program with the approval of the Interim Finance Committee upon the recommendation of the Governor. The care management program must be designed for fee-for-service Medicaid recipients with high cost health care needs, including, without limitation, recipients who are aged, blind or disabled.
Sec. 37. Of the amounts appropriated by sections 2 to 32, inclusive, of this act, the amounts appropriated in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 to finance deferred maintenance projects approved as maintenance decision units within agency budgets are available for both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 and may be transferred within the same budget account from one 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 deferred maintenance as approved by the Legislature.
Sec. 38. Any money remaining in the Catalyst Fund created by NRS 231.1573 and the Knowledge Fund created by NRS 231.1592 at the end of Fiscal Year 2012-2013 and any remaining portion of any appropriations made to the Catalyst Fund or the Knowledge Fund for the 2011-2013 biennium do not revert to the State General Fund. The balance in those Funds and any portion of appropriations remaining at the end of Fiscal Year 2012-2013 must be carried forward to Fiscal Year 2013-2014. Any balance in those Funds and any portion of appropriations made to those Funds remaining at the end of Fiscal Year 2013-2014 and Fiscal Year 2014-2015, respectively, must be carried forward.
Sec. 39. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $4,000,000 for allocation to the Governors Office of Economic Development for the Unmanned Aerial Vehicle (UAV) program. Money appropriated pursuant to this section can only be allocated by the Interim Finance Committee upon Nevadas successful designation as a Federal Aviation Administration test site and submittal by the Governors Office of Economic Development of a plan for utilization of the funding, including, without limitation, an analysis of the programs estimated impact and effectiveness.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2015, 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. Any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, 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, 2015.
κ2013 Statutes of Nevada, Page 2604 (CHAPTER 446, AB 507)κ
Sec. 40. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $3,000,000 for the costs of the 77th Legislative Session.
Sec. 41. 1. The sums appropriated to the Legislative Fund by section 10 of this act for the support of the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations are available for both Fiscal Year 2013-2014 and Fiscal Year 2014-2015, and may be transferred among the Legislative Commission, the divisions of the Legislative Counsel Bureau and the Interim Legislative Operations and from one fiscal year to another 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. 42. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $800,000 for allocation to officers, departments, boards, agencies, commissions and institutions of the State Government for costs associated with connecting to the state telephone system.
2. The Division of Enterprise Information Technology Services of the Department of Administration may request an allocation of the sum appropriated by subsection 1 for costs associated with upgrading the state core telephone system. Any sum allocated by this subsection is a loan from the State General Fund, and the terms of repayment must be specified by the Interim Finance Committee upon allocation.
3. Any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, 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, 2015.
Sec. 43. Except as otherwise provided in this section, the total amounts appropriated by section 19 of this act to each of the accounts of the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services of the Department of Health and Human Services enumerated in section 34 of this act, except for the amounts appropriated for the Health Care Financing and Policy Administration, the Assistance to the Aged and Blind, the Welfare Administration and the Welfare Field Services Account, are limits. The Divisions shall not request additional money for these programs, except for:
1. Increased state costs in Fiscal Year 2014-2015 in the event that federal financial participation rates are less than legislatively approved effective on October 1, 2014;
2. Costs related to additional services mandated by the Federal Government on or after October 1, 2013, and not specifically funded in the Nevada Medicaid account in Fiscal Year 2013-2014 and Fiscal Year 2014-2015;
3. Costs related to an increase in the cost-per-eligible for the Temporary Assistance for Needy Families (TANF) population that is higher than the cost-per-eligible used to project Medicaid expenditures for this population in the legislatively approved budget for Fiscal Year 2013-2014 and Fiscal Year 2014-2015; and
κ2013 Statutes of Nevada, Page 2605 (CHAPTER 446, AB 507)κ
4. Increased state costs in Fiscal Year 2013-2014 and Fiscal Year 2014-2015 in the event that the annual allocation of federal Temporary Assistance for Needy Families (TANF) block grant funds is lower than the amounts approved by the Legislature for either fiscal year.
Sec. 44. Except as otherwise provided in this section, the amounts appropriated to the Division of Child and Family Services of the Department of Health and Human Services, Clark County Child Welfare and Washoe County Child Welfare accounts by section 19 of this act for the purpose of providing block grant allocations to agencies which provide child welfare services in a county whose population is 100,000 or more, are limits. The Division shall not request additional sums for these programs except the Division may request additional sums for the adoption assistance programs established in NRS 432B.219.
Sec. 45. The sums appropriated to the Division of Welfare and Supportive Services of the Department of Health and Human Services by section 19 of this act may be transferred among the various budget accounts of the Division of Welfare and Supportive Services with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 46. 1. The amount appropriated and determined to be the documented match for the Patient Protection and Affordable Care Act, Public Law 111-148, eligibility engine grants in the Division of Welfare and Supportive Services of the Department of Health and Human Services as authorized by section 18 of chapter 371, Statutes of Nevada 2011, at page 2159 for the Welfare Administration account, which are not committed for expenditure by June 30, 2013, may be carried forward to Fiscal Year 2013-2014.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2014, 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 19, 2014, 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 19, 2014.
Sec. 47. The sums appropriated to Nevada Medicaid and the Nevada Check-Up Program by section 19 of this act may be transferred between each budget with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 48. The sums appropriated to Nevada Medicaid within the Division of Health Care Finance and Policy of the Department of Health and Human Services, and Southern Nevada Adult Mental Health Services, Northern Nevada Adult Mental Health Services and Rural Clinics within the Division of Public and Behavioral Health of the Department by section 19 of this act may be transferred between each budget to ensure appropriate services are provided as a result of the implementation of the Patient Protection and Affordable Care Act, Public Law 111-148, with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 49. The Department of Health and Human Services may, during Fiscal Year 2013-2014 and Fiscal Year 2014-2015, continue the pilot project authorized in section 46 of chapter 371, Statutes of Nevada 2011, at page 2166, to provide therapeutic foster care for youths with serious emotional disturbance through nonprofit providers.
κ2013 Statutes of Nevada, Page 2606 (CHAPTER 446, AB 507)κ
2166, to provide therapeutic foster care for youths with serious emotional disturbance through nonprofit providers. The sums appropriated to the Division of Child and Family Services and the Division of Health Care Financing and Policy of the Department by section 19 of this act may be transferred between the various budget accounts of each Division for the purpose of continuing the pilot project with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 50. The sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services for the Juvenile Correctional Facility, Caliente Youth Center and the Nevada Youth Training Center pursuant to section 19 of this act may be transferred between each budget account with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 51. 1. The Department of Health and Human Services may, with the approval of the Interim Finance Committee upon the recommendation of the Governor, transfer from the various divisions of the Department to an account which is hereby created within the State General Fund any excess money available to the divisions as a result of savings from not providing health and related services, including, without limitation, savings recognized by using a different source of funding to pay the providers of services if the persons previously served by a division no longer require the provision of services from the division of the Department.
2. Any money transferred to the account created by subsection 1, to the extent approved by the Centers for Medicare and Medicaid Services and authorized by the State Plan for Medicaid, must:
(a) Be used to pay administrative and related costs and the States share of the cost for the expansion of the upper payment limit program as provided in this section.
(b) After being used to satisfy the requirements of paragraph (a), be reserved for reversion to the State General Fund and must be reverted to that Fund at the end of each fiscal year of the 2013-2015 biennium.
Sec. 52. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $3,000,000 for allocation to the Division of Public and Behavioral Health of the Department of Health and Human Services for necessary facility improvements, staffing, furnishings, equipment and operating expenditures at Southern Nevada Adult Mental Health Services in-patient facilities.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2015, 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, 2015, 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, 2015.
Sec. 53. 1. Except as otherwise provided in subsection 2, the sums appropriated to the Department of Corrections by section 22 of this act may be transferred among the various budget accounts of the Department of Corrections in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.
κ2013 Statutes of Nevada, Page 2607 (CHAPTER 446, AB 507)κ
2. Appropriations for deferred maintenance pursuant to section 37 of this act are excluded from the provisions of this section.
Sec. 54. The sums appropriated to any division, agency or section of any department of State Government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the Interim Finance Committee upon the recommendation of the Governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings. Such transfers are also limited only to those activities which are supported by State General Fund or State Highway Fund appropriations.
Sec. 55. The sums appropriated to the Nevada System of Higher Education by section 17 of this act may be transferred among the various budgets of the Nevada System of Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 56. The sums appropriated to the Western Interstate Commission for Higher Education by section 17 of this act may be transferred between each budget of the Western Interstate Commission for Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 57. In addition to the requirements of NRS 353.225, for Fiscal Year 2013-2014 and Fiscal Year 2014-2015, the Board of Regents of the University of Nevada shall comply with any request by the Governor to set aside money from the appropriations made by this act in any specified amount.
Sec. 58. 1. Of the sums appropriated by section 17 of this act, any amounts used to match documented research grants in the Nevada System of Higher Education which are not committed for expenditure by June 30 of each fiscal year of the 2013-2015 biennium may be carried forward for a maximum of 2 fiscal years after which time any unexpended amounts revert to the State General Fund.
2. All money appropriated by section 17 of this act other than the sums designated in subsection 1 to match documented research grants is subject to the provisions of section 61 of this act.
Sec. 59. 1. The sums appropriated to the Performance Funding Pool account in section 17 of this act may be transferred to the respective formula-funded budget accounts of the Nevada System of Higher Education in Fiscal Year 2014-2015 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
2. Any balance of money appropriated for Fiscal Year 2014-2015 but not transferred from the Performance Funding Pool account in Fiscal Year 2014-2015 pursuant to subsection 1 may be carried forward to Fiscal Year 2015-2016 for transfer to the respective formula-funded budget accounts in Fiscal Year 2015-2016 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
3. Any remaining balance of money appropriated for Fiscal Year 2014-2015 but not transferred from the Performance Funding Pool account in Fiscal Year 2014-2015 or Fiscal Year 2015-2016 may be carried forward to Fiscal Year 2016-2017 for transfer to the State-Funded Perkins Loan account in section 17 of this act in Fiscal Year 2016-2017 to be used for systemwide need-based student financial aid with the approval of the Interim Finance Committee upon the recommendation of the Governor.
κ2013 Statutes of Nevada, Page 2608 (CHAPTER 446, AB 507)κ
Sec. 60. There is hereby appropriated from the State General Fund the sum of $131,467 to the Public Employees Retirement Board to be expended for the administration of the Legislators Retirement System in Fiscal Year 2013-2014 and Fiscal Year 2014-2015.
Sec. 61. 1. Except as otherwise provided in sections 38, 58, 59 and 60 of this act, any balances of the appropriations made in this act for Fiscal Year 2013-2014 and Fiscal Year 2014-2015 must not be committed for expenditure after June 30 of each fiscal year 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 cannot be spent for any purpose after September 19, 2014, and September 18, 2015, for each fiscal year respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and, except as otherwise provided in subsection 2, must revert to the fund from which appropriated on or before September 19, 2014, and September 18, 2015, of each fiscal year respectively.
2. Any balance of the appropriations made to the Legislative Fund by sections 10 and 40 of this act does not revert to the State General Fund but constitutes a balance carried forward.
Sec. 62. The State Controller shall provide for the payment of claims legally obligated in each fiscal year of the 2013-2015 biennium on behalf of state agencies until the last business day of the August immediately following the end of each fiscal year. The State Controller shall process any transactions requested by the Director of the Department of Administration from the prior fiscal period until the third Friday in September immediately following the end of the fiscal year.
Sec. 63. The State Controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the Legislature, and the amounts so transferred shall be deemed appropriated.
Sec. 64. The State Controller shall pay the annual salaries of Supreme Court Justices, District Court Judges, the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer, the State Controller and the Attorney General in biweekly installments for each day worked up to and including the date of payment. The payment of a portion of the annual salaries of these officers at the end of a calendar year for the purpose of reconciling the amount of the salary paid during that calendar year with the amount of the salary set forth in statute for that office must not be made if it will result in the issuance of a separate check.
Sec. 65. 1. If the Director of the State Department of Conservation and Natural Resources determines that, because of delays in the receipt of revenue for services billed to the Federal Government, local governments and other state governments, the amount of current claims for expenses incurred in the suppression of fire or response to emergencies exceeds the amount of money available to pay such claims within 30 days, he or she may request from the Director of the Department of Administration a temporary advance from the State General Fund to pay authorized expenses.
2. The Director of the Department of Administration shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if he or she approves a request made pursuant to subsection 1.
κ2013 Statutes of Nevada, Page 2609 (CHAPTER 446, AB 507)κ
Bureau if he or she approves a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of such a notification.
3. An advance from the State General Fund:
(a) May be approved by the Director of the Department of Administration only for expenses incurred in the suppression of fires or response to emergencies charged to the budget account for forest fire suppression of the Division of Forestry of the State Department of Conservation and Natural Resources. Before approving the advance, the Director shall verify that billings for reimbursement have been sent to the agencies of the Federal Government, local governments or other state governments responsible for reimbursing the Division of Forestry for costs incurred in fire suppression or emergency response activities.
(b) Is limited to the total due from outstanding billings for reimbursable expenses incurred in the suppression of fires or response to emergencies as approved for payment to the State by agencies of the Federal Government, local governments and other state governments.
4. Any money which is temporarily advanced from the State General Fund to the budget account for forest fire suppression pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.
Sec. 66. 1. If the Governor orders the Nevada National Guard into active duty as described in NRS 412.122 for an emergency as defined in subsection 1 of NRS 353.263 and the Adjutant General of the Nevada National Guard determines expenditures will be required, the Adjutant General may request from the Director of the Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.
2. The Director of the Department of Administration shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Department of Administration.
3. An advance from the State General Fund:
(a) Must be approved by the Director of the Department of Administration for expenses incurred as a result of activation of the Nevada National Guard.
(b) Is limited to $25,000 per activation as described in subsection 1.
4. Any money which is temporarily advanced from the State General Fund to an account pursuant to subsection 3 must be repaid as soon as possible, and must come from the Emergency Account established by NRS 353.263.
Sec. 67. 1. If projections of the ending balance of the State General Fund fall below the amount estimated by the 2013 Legislature for Fiscal Year 2013-2014 or Fiscal Year 2014-2015, the Director of the Department of Administration shall report this information to the State Board of Examiners.
2. If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $80,000,000 for Fiscal Year 2013-2014 or Fiscal Year 2014-2015, the Governor, pursuant to NRS 353.225, may direct the Director of the Department of Administration to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.
κ2013 Statutes of Nevada, Page 2610 (CHAPTER 446, AB 507)κ
agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.
3. A reserve must not be set aside pursuant to this section unless:
(a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and
(b) The Legislature or Interim Finance Committee approves the setting aside of the reserve.
Sec. 68. If the State of Nevada is required to make payment to the United States Treasury under the provisions of Public Law 101-453, the Cash Management Improvement Act of 1990, the State Controller, upon approval of the State Board of Examiners, may make such payments from the interest earnings of the State General Fund or interest earnings in other funds when interest on federal money has been deposited in those funds.
Sec. 69. 1. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles:
(a) For the Automation account:
Fiscal Year 2013-2014.................................................................. $761,080
(b) For the Division of Management Services account:
Fiscal Year 2013-2014.................................................................. $290,000
Fiscal Year 2014-2015.................................................................. $290,000
2. The sums appropriated in subsection 1 are limited for technology system programming changes necessary for implementation of legislation approved by the 77th Session of the Nevada Legislature. The Department of Motor Vehicles shall submit a status report to the Interim Finance Committee by July 1, 2014, detailing the programming and technology changes implemented as a result of the money appropriated for this purpose.
3. The sum appropriated in paragraph (a) of subsection 1 may be balanced forward to Fiscal Year 2014-2015. Any remaining balance of the appropriation must not be committed for expenditure after June 30, 2015 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 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must revert to the State Highway Fund on or before September 18, 2015.
4. Any remaining balance of the appropriations made by paragraph (b) of subsection 1 must not be committed for expenditure after June 30 of each fiscal year 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 cannot be spent for any purpose after September 19, 2014, and September 18, 2015, for each fiscal year 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 revert to the State Highway Fund on or before September 19, 2014, and September 18, 2015, of each fiscal year respectively.
κ2013 Statutes of Nevada, Page 2611 (CHAPTER 446, AB 507)κ
Sec. 70. The State Controller shall transfer from the Fund to Stabilize the Operation of the State Government created by NRS 353.288 to the State General Fund the sum of $84,737,276 for unrestricted General Fund use.
Sec. 71. NRS 353.288 is hereby amended to read as follows:
353.288 1. The Account to Stabilize the Operation of the State Government is hereby created in the State General Fund. Except as otherwise provided in subsections 3 and 4, each year after the close of the previous fiscal year and before the issuance of the State Controllers annual report, the State Controller shall transfer from the State General Fund to the Account to Stabilize the Operation of the State Government:
(a) Forty percent of the unrestricted balance of the State General Fund, as of the close of the previous fiscal year, which remains after subtracting an amount equal to 7 percent of all appropriations made from the State General Fund during that previous fiscal year for the operation of all departments, institutions and agencies of State Government and for the funding of schools; and
(b) Commencing with the fiscal year that begins on July 1, [2013,] 2015, 1 percent of the total anticipated revenue for the fiscal year in which the transfer will be made, as projected by the Economic Forum for that fiscal year pursuant to paragraph (e) of subsection 1 of NRS 353.228 and as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal year.
2. Money transferred pursuant to subsection 1 to the Account to Stabilize the Operation of the State Government is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.
3. The balance in the Account to Stabilize the Operation of the State Government must not exceed 20 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be transferred to the Account to Stabilize the Operation of the State Government.
4. Except as otherwise provided in this subsection and NRS 353.2735, beginning with the fiscal year that begins on July 1, 2003, the State Controller shall, at the end of each quarter of a fiscal year, transfer from the State General Fund to the Disaster Relief Account created pursuant to NRS 353.2735 an amount equal to not more than 10 percent of the aggregate balance in the Account to Stabilize the Operation of the State Government during the previous quarter. The State Controller shall not transfer more than $500,000 for any quarter pursuant to this subsection.
5. The Chief of the Budget Division of the Department of Administration may submit a request to the State Board of Examiners to transfer money from the Account to Stabilize the Operation of the State Government to the State General Fund:
(a) If the total actual revenue of the State falls short by 5 percent or more of the total anticipated revenue for the biennium in which the transfer will be made, as determined by the Legislature, or the Interim Finance Committee if the Legislature is not in session; or
(b) If the Legislature, or the Interim Finance Committee if the Legislature is not in session, and the Governor declare that a fiscal emergency exists.
κ2013 Statutes of Nevada, Page 2612 (CHAPTER 446, AB 507)κ
6. The State Board of Examiners shall consider a request made pursuant to subsection 5 and shall, if it finds that a transfer should be made, recommend the amount of the transfer to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.
7. If the Interim Finance Committee finds that a transfer recommended by the State Board of Examiners should and may lawfully be made, the Committee shall by resolution establish the amount and direct the State Controller to transfer that amount to the State General Fund. The State Controller shall thereupon make the transfer.
8. In addition to the manner of allocation authorized pursuant to subsections 5, 6 and 7, the money in the Account to Stabilize the Operation of the State Government may be allocated directly by the Legislature to be used for any other purpose.
Sec. 72. Section 2 of chapter 248, Statutes of Nevada 2011, at page 1071, is hereby amended to read as follows:
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [2013,] 2015, 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 [20, 2013,] 18, 2015, 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 Highway Fund on or before September [20, 2013.] 18, 2015.
Sec. 73. Section 2 of chapter 249, Statutes of Nevada 2011, at page 1072, is hereby amended to read as follows:
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [2013,] 2015, 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 [20, 2013,] 18, 2015, 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 [20, 2013.] 18, 2015.
Sec. 74. 1. This section and sections 38, 39, 40, 42, 46, 52, 61, 71, 72 and 73 of this act become effective upon passage and approval.
2. Sections 1 to 37, inclusive, 41, 43, 44, 45, 47 to 51, inclusive, 53 to 60, inclusive, and 62 to 70, inclusive, of this act become effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 2613κ
Assembly Bill No. 511Committee on Ways and Means
CHAPTER 447
[Approved: June 10, 2013]
AN ACT relating to public employees; establishing the maximum allowed salaries for certain employees in the classified and unclassified service of the State; requiring employees of the State to take a certain number of days of unpaid furlough leave during the 2013-2015 biennium; providing exceptions to the furlough requirement; making appropriations from the State General Fund and State Highway Fund for the salaries of certain employees of the State; extending the temporary suspension of the semiannual payment of longevity pay during the 2013-2015 biennium; extending the temporary suspension of merit pay increases during Fiscal Year 2013-2014; and providing other matters properly relating thereto.
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. The following state officers, employees, and medical and related positions in the unclassified service of the State of Nevada are entitled to receive approximate annual salaries of not more than the maximum amounts set forth following their specified titles or positions:
Annual
Title or Position Salary
1. State Office of Energy:
Director, Office of Energy............................................................ $106,904
Deputy Director, Office of Energy................................................... 81,584
2. High Level Nuclear Waste:
Executive Director, Nuclear Projects Office.............................. $115,285
Executive Assistant............................................................................ 56,265
Technical Division Administrator.................................................. 104,946
Planner/Researcher............................................................................ 83,197
3. Office of the Lieutenant Governor:
Chief of Staff.................................................................................... $74,367
Assistant to the Lieutenant Governor (each)................................. 70,826
Administrative Secretary................................................................... 47,807
4. Office of the Secretary of State:
Chief Deputy.................................................................................. $117,030
Deputy Secretary of State, Commercial Recordings................... 97,901
Deputy Secretary of State, Southern Nevada............................... 97,901
Deputy Secretary of State, Elections............................................ 107,465
Deputy Secretary of State, Operations........................................... 97,901
Securities Administrator.................................................................. 102,242
Chief, Enforcement............................................................................ 97,590
Executive Assistant............................................................................ 56,265
κ2013 Statutes of Nevada, Page 2614 (CHAPTER 447, AB 511)κ
Annual
Title or Position Salary
Public Information Officer............................................................. $70,894
Business Portal Administrator.......................................................... 97,901
5. Office of the State Treasurer:
Chief Deputy State Treasurer...................................................... $117,030
Senior Deputy State Treasurer (each)........................................... 107,465
Chief of Staff.................................................................................... 117,030
Deputy State Treasurer, Debt Service............................................. 97,901
Deputy State Treasurer, Investments........................................... 117,030
Deputy State Treasurer, Cash Management................................. 97,901
Executive Director, Millennium Scholarship................................. 97,901
Executive Assistant............................................................................ 56,265
Deputy State Treasurer, Unclaimed Property................................ 97,901
6. Office of Controller:
Chief Deputy Controller............................................................... $107,465
Assistant Controller............................................................................ 87,773
Executive Assistant............................................................................ 56,265
7. Office of the Attorney General:
(a) Attorney Generals Office:
Assistant Attorney General.................................................... $140,662
Attorney General Counsel for Prosecuting Attorneys, Executive Director 102,260
Ombudsman for Victims of Domestic Violence.................... 59,634
Chief Deputy Attorney General (each).................................. 118,156
Chief of Staff............................................................................. 140,662
Solicitor General......................................................................... 132,600
Special Counsel (each)............................................................. 132,600
Senior Deputy Attorney General (each)................................ 106,904
Deputy Attorney General (each)............................................... 95,650
Public Information Officer......................................................... 70,894
Chief Investigator........................................................................ 87,773
Investigator (each)....................................................................... 65,951
Chief Personnel Manager........................................................... 87,773
Information Technology Chief................................................. 95,650
Financial Analyst......................................................................... 81,584
Executive Assistant..................................................................... 56,265
Chief Financial Officer............................................................. 102,242
Legal Researcher (each)............................................................. 46,102
Supervising Legal Researcher (each)........................................ 56,265
Construction Law Counsel...................................................... 132,600
Executive Director, Technological Crimes.............................. 70,894
Program Specialist, Technological Crimes.............................. 56,265
(b) Bureau of Consumer Protection:
Senior Economist.................................................................... $102,260
Senior Engineer............................................................................. 91,320
Senior Legal Researcher............................................................. 54,332
Legal Researcher.......................................................................... 46,102
Senior Regulatory Analyst......................................................... 85,337
Chief Deputy Attorney General (each).................................. 118,156
Regulatory Manager................................................................... 91,399
Technical Staff Manager........................................................... 91,399
κ2013 Statutes of Nevada, Page 2615 (CHAPTER 447, AB 511)κ
Annual
Title or Position Salary
Deputy Attorney General......................................................... $95,650
Engineer......................................................................................... 82,339
Administrative Services Officer................................................. 74,091
Senior Deputy Attorney General (each)................................ 106,904
8. Commission on Ethics:
Executive Director............................................................................ $97,901
Counsel, Ethics Commission (each)................................................ 95,650
Executive Assistant............................................................................ 56,265
Investigator.......................................................................................... 65,951
Senior Legal Researcher.................................................................... 54,332
9. Supreme Court:
Supervisory Staff Attorney (each).............................................. $106,904
Supervisory Staff Attorney, Settlement....................................... 106,904
Reporter of Judicial Decisions........................................................ 118,156
Legal Counsel, Criminal.................................................................. 129,409
Legal Counsel, Civil......................................................................... 129,409
Chief Assistant Clerk....................................................................... 118,156
Chief Clerk........................................................................................ 140,662
Chief Deputy Clerk............................................................................ 72,581
Court Administrator......................................................................... 123,783
Deputy Court Administrator (each).............................................. 106,904
Staff Attorney (each)......................................................................... 95,650
Law Librarian................................................................................... 101,276
Senior Law Clerk (each).................................................................... 62,186
10. Commission on Judicial Discipline:
General Counsel............................................................................. $140,662
11. Department of Administration:
Director............................................................................................ $127,721
Deputy Director (each).................................................................... 117,030
Information Systems Specialist....................................................... 59,221
Division Administrator, Internal Audits....................................... 107,465
Manager, Internal Controls.............................................................. 91,399
Chief Assistant Budget Administrator............................................ 88,952
Senior Appeals Officer.................................................................... 118,156
Appeals Officer, Hearings (each).................................................. 106,904
Hearing Officer (each)....................................................................... 70,894
Deferred Compensation Executive Officer................................... 97,901
Chief Assistant, Planning.................................................................. 81,567
Division Administrator, Fleet Services Division............................. 81,584
Division Administrator, Administrative Services.......................... 97,901
Division Administrator, Risk Management................................... 87,773
Division Administrator, Purchasing................................................. 97,901
Administrator, Public Works Division........................................... 123,783
Deputy Administrator, Professional Services, Public Works Division 117,030
Deputy Administrator, Code Compliance and Enforcement, Public Works Division 117,030
Deputy Administrator, Buildings and Grounds, Public Works Division 107,465
Public Works Division, Project Manager III (each)................... 106,904
κ2013 Statutes of Nevada, Page 2616 (CHAPTER 447, AB 511)κ
Annual
Title or Position Salary
Public Works Division, Project Manager II (each)..................... $97,901
Chief, Planning, Research, and Grants Management.................. 88,952
Chief, Office of Grants Procurement.............................................. 81,139
Executive Grants Analyst................................................................. 61,951
Senior Executive Grants Analyst..................................................... 74,082
Division Administrator, Human Resource Management......... 107,465
Division Deputy Administrator, Human Resource Management (each) 87,773
Director, Equal Employment Opportunity..................................... 81,584
Division Administrator, State Library and Archives.................... 97,901
Division Administrator, Enterprise Information Technology Services 117,030
Deputy Administrator, Enterprise Information Technology Services 107,465
Manager, Enterprise Application Services..................................... 97,901
Manager, Computing and Communication (each)...................... 97,901
12. Department of Taxation:
Director............................................................................................ $127,721
Chief Deputy Director, Taxation................................................... 117,030
Deputy Director (each).................................................................... 107,465
Executive Assistant............................................................................ 56,265
Administrative Law Judge (licensed attorney)............................ 106,904
Chief Administrative Law Judge (licensed attorney)................. 118,156
13. Department of Education:
Superintendent of Public Instruction.......................................... $124,908
Deputy Superintendent of Instructional, Research and Evaluative Services 107,465
Deputy Superintendent for Administrative and Fiscal Services 106,904
Executive Assistant............................................................................ 56,265
14. State Public Charter School Authority:
Director, State Public Charter School Authority......................... $97,901
15. Department of Employment, Training and Rehabilitation:
Director, Employment, Training and Rehabilitation............... $127,721
Chief, Disability Employment Policy.............................................. 81,584
Division Administrator, Rehabilitation......................................... 107,465
Chief Auditor....................................................................................... 90,023
Deputy Director................................................................................ 117,030
Executive Assistant............................................................................ 56,265
Division Administrator, Employment Security........................... 117,030
Division Administrator, Equal Rights Commission...................... 87,773
Division Administrator, Information Development and Processing 107,465
Hearing Officer (each)....................................................................... 70,894
Senior Attorney................................................................................. 106,904
Assistant to the Director.................................................................... 88,949
16. Department of Health and Human Services:
Director............................................................................................ $127,721
Deputy Director, Programs............................................................. 107,465
κ2013 Statutes of Nevada, Page 2617 (CHAPTER 447, AB 511)κ
Annual
Title or Position Salary
Deputy Director, Fiscal Services.................................................. $107,465
Deputy Director, Administrative Services...................................... 97,901
Governors Consumer Health Advocate........................................ 97,901
Ombudsman for Consumer Health Assistance (each)................ 78,070
Executive Assistant (each)................................................................ 56,265
Division Administrator, Health Care Financing and Policy...... 117,030
Deputy Division Administrator, Health Care Financing and Policy 107,465
Deputy Division Administrator, Public and Behavioral Health (each) 107,465
Chief Biostatistician........................................................................... 97,901
State Epidemiologist.......................................................................... 97,901
Medical Epidemiologist................................................................... 155,624
Agency Manager (each).................................................................. 106,904
Hospital Administrator.................................................................... 106,904
Statewide Suicide Prevention Coordinator.................................... 70,894
Statewide Suicide Prevention Trainer/Networking Facilitator (each) 67,518
Medical Program Coordinator, Mental Health Program.......... 189,601
Chief Medical Officer...................................................................... 215,809
Division Administrator, Public and Behavioral Health............. 123,783
Division Administrator, Welfare and Supportive Services........ 117,030
Division Administrator, Child and Family Services................... 117,030
Deputy Division Administrator, Child and Family Services (each) 107,465
Superintendent, Nevada Youth Training Center.......................... 97,901
Superintendent, Caliente Youth Center.......................................... 97,901
Bureau Chief, Youth Parole Bureau............................................... 97,901
Division Administrator, Aging and Disability Services.............. 117,030
Deputy Division Administrator, Aging and Disability Services (each) 107,465
Chief, Elder Rights.............................................................................. 87,773
17. Silver State Health Insurance Exchange:
Executive Director, Silver State Health Exchange................... $117,030
Operations Manager, Silver State Health Exchange................. 105,216
Grants and Projects Analyst............................................................. 55,894
Executive Assistant............................................................................ 56,265
Finance and Research Officer.......................................................... 81,142
Information Technology Analyst.................................................... 66,366
Administrative Assistant (each)....................................................... 47,606
Communications Officer.................................................................. 74,075
Information Systems Manager........................................................ 93,178
Benefit Manager................................................................................. 60,713
Quality Assurance Officer................................................................. 83,221
Training Specialist.............................................................................. 63,046
18. Office of the State Public Defender:
State Public Defender.................................................................... $118,156
Supervising Public Defender (office)............................................ 106,904
Supervising Public Defender (trial) (each).................................... 106,904
Supervising Public Defender (appeals)......................................... 106,904
κ2013 Statutes of Nevada, Page 2618 (CHAPTER 447, AB 511)κ
Annual
Title or Position Salary
Deputy Public Defender (each)...................................................... $95,650
Deputy Public Defender, Appellate................................................. 95,650
Investigator (each)............................................................................. 65,951
19. Department of Business and Industry:
Director............................................................................................ $127,721
Deputy Director, Administration...................................................... 81,584
Deputy Director, Programs............................................................. 107,465
Executive Assistant............................................................................ 56,265
Administrative Law Judge.............................................................. 106,904
Division Administrator, Financial Institutions............................... 97,901
Deputy Division Administrator, Financial Institutions................ 81,584
Certified Public Accountant, Financial Institutions..................... 67,704
Division Administrator, Manufactured Housing.......................... 87,773
Division Administrator, Real Estate................................................ 97,901
Deputy Division Administrator, Real Estate.................................. 81,584
Ombudsman, Real Estate................................................................. 70,894
Division Administrator, Housing...................................................... 97,901
Deputy Division Administrator, Housing....................................... 81,584
Chief Assistant, Housing................................................................... 67,518
Chief Financial Officer, Housing..................................................... 95,650
Division Administrator, Insurance................................................ 117,030
Deputy Division Administrator, Insurance (each)........................ 97,901
Deputy Division Administrator, Insurance, Captive Insurers..... 95,650
Lead Actuary, Insurance (each).................................................... 126,081
Insurance Counsel/Hearing Officer (each).................................... 97,901
Division Administrator, Taxicab Authority................................. 114,249
Deputy Administrator, Taxicab Authority..................................... 87,773
Division Administrator, Transportation Authority..................... 114,249
Chief Transportation Inspector....................................................... 93,187
Commissioner, Transportation Authority (each)....................... 107,127
Financial Analyst (each)................................................................... 81,680
Manager, Transportation.................................................................. 95,650
Deputy Division Administrator, Transportation Authority......... 88,498
Attorney, Transportation Authority................................................ 95,650
Division Administrator, Mortgage Lending.................................... 97,901
Deputy Division Administrator, Mortgage Lending..................... 81,584
Certified Public Accountant, Mortgage Lending.......................... 67,704
Division Administrator, Industrial Relations............................... 107,465
Deputy Division Administrator, Industrial Relations (each)....... 87,773
Attorney, Industrial Relations (each).............................................. 95,650
Senior Attorney, Industrial Relations........................................... 106,904
Chief Investigator............................................................................... 81,584
Deputy Division Administrator, Mechanical Unit........................ 81,584
Deputy Division Administrator, Safety Consultation.................. 81,584
Deputy Division Administrator, Mine Safety................................ 81,584
Division Administrator, Attorney for Injured Workers.............. 118,156
Deputy Attorney for Injured Workers (each)................................ 95,650
Senior Deputy Attorney for Injured Workers (each)................. 106,904
κ2013 Statutes of Nevada, Page 2619 (CHAPTER 447, AB 511)κ
Annual
Title or Position Salary
Division Administrator, Employee-Management Relations Board $87,773
Executive Assistant, Employee-Management Relations Board 56,265
Division Administrator, Office of Labor Commissioner............. 97,901
Deputy Division Administrator, Office of Labor Commissioner 81,584
Chief Assistant, Office of Labor Commissioner........................... 52,504
Division Administrator, Athletic Commission............................... 97,901
Ombudsman of Consumer Affairs for Minorities........................ 74,367
20. State Department of Agriculture:
Director, Agriculture....................................................................... $117,030
Executive Assistant............................................................................ 56,265
Deputy Director, Agriculture........................................................... 107,465
Division Administrator, Veterinary Medical Services................ 109,680
Division Administrator, Food and Nutrition.................................. 97,901
Deputy Division Administrator, Food and Nutrition.................... 87,773
Division Administrator, Animal Industry....................................... 87,773
Senior Veterinary Diagnostician...................................................... 93,356
Supervisor, Animal Disease Laboratory......................................... 97,013
Division Administrator, Consumer Equitability............................ 97,901
Division Administrator, Plant Industry........................................... 97,901
Deputy Division Administrator, Plant Industry............................. 87,773
Southern Office Administrator, Agriculture................................... 87,773
21. Commission on Mineral Resources:
Administrator, Minerals................................................................ $104,957
Deputy Administrator, Minerals...................................................... 83,964
Chief for Dangerous Mines............................................................... 68,112
Chief for Mine Regulation................................................................ 75,518
Field Specialist, Minerals (each)....................................................... 58,221
Program Manager, Oil, Gas and Geothermal................................ 96,642
22. Department of Tourism and Cultural Affairs:
Director, Tourism and Cultural Affairs...................................... $117,030
Chief Deputy, Administration.......................................................... 97,901
Executive Assistant............................................................................ 56,265
Public Information Officer............................................................... 79,975
Deputy Director, Sales and Industry Partners............................... 77,600
Deputy Director, Marketing and Advertising................................. 77,600
Development Specialist II, Tourism (each)................................... 77,600
Development Specialist, Tourism (each)........................................ 72,860
Project Analyst II (each)................................................................... 65,172
Project Analyst.................................................................................... 55,894
Development Specialist, Nevada Magazine (each)..................... 64,543
Editor Publisher, Nevada Magazine................................................ 88,165
Managing Editor, Publications......................................................... 67,772
Production Manager.......................................................................... 54,630
Art Director (each).............................................................................. 57,723
Advertising Sales Representative..................................................... 59,212
Operations and Finance Manager................................................... 84,870
Public Relations Specialist................................................................ 72,861
κ2013 Statutes of Nevada, Page 2620 (CHAPTER 447, AB 511)κ
Annual
Title or Position Salary
Division Administrator, Museums and History.......................... $97,901
Executive Director, Nevada Indian Commission......................... 70,894
23. State Gaming Control Board:
Chairman, Gaming Control Board............................................. $149,729
Member, Gaming Control Board (each)...................................... 139,222
Executive Assistant............................................................................ 59,022
Chief, Investigation......................................................................... 106,875
Chief, Enforcement......................................................................... 106,875
Chief, Audit....................................................................................... 106,875
Chief, Tax and License................................................................... 106,875
Chief, Administration...................................................................... 106,875
Chief Deputy, Administration.......................................................... 97,159
Executive Secretary, Gaming Control Board................................ 97,159
Manager, Electronics Lab............................................................... 104,371
Chief, Technology............................................................................ 114,161
Senior Lab Engineer (each)............................................................... 99,400
Electronic Lab Engineer (each)........................................................ 94,667
Coordinator, Applicant Services...................................................... 94,511
Chief Deputy, Enforcement (each)................................................. 97,159
Information Service Manager.......................................................... 99,400
Senior Network Specialist.................................................................. 85,269
Network Specialist II (each)............................................................. 78,576
Network Specialist I (each)............................................................... 71,163
Data Management Analyst.............................................................. 84,089
System Manager................................................................................. 93,558
Programming Manager...................................................................... 93,558
Programming Supervisor................................................................... 88,126
Chief Deputy, Audit (each)............................................................... 97,159
Chief Deputy, Investigations (each)............................................... 97,159
Chief Deputy, Tax and License....................................................... 97,159
Hearings Officer (each)..................................................................... 93,592
Administrative Coordinator.............................................................. 84,089
Financial Officer................................................................................. 84,089
Supervisor, Investigations (each)..................................................... 88,326
Supervisor, Enforcement (each)...................................................... 88,326
Supervisor, Audit (each).................................................................... 88,326
Supervisor, Tax and License (each)................................................ 88,326
Supervisor (each)................................................................................ 88,326
Human Resources Manager............................................................. 94,511
Senior Agent, Technology (each)..................................................... 76,474
Senior Agent, Investigations (each)................................................. 76,474
Senior Agent, Audit (each)................................................................ 76,474
Senior Agent, Tax and License (each)............................................ 76,474
Senior Research Specialist (each).................................................... 93,558
Senior Agent, Enforcement (each).................................................. 76,474
Agent, Audit (each)............................................................................ 69,523
Agent, Investigations (each)............................................................. 69,523
Agent, Enforcement (each)............................................................... 69,523
Agent, Tax and License (each)........................................................ 69,523
Electronics Technician (each).......................................................... 61,953
κ2013 Statutes of Nevada, Page 2621 (CHAPTER 447, AB 511)κ
Annual
Title or Position Salary
Senior Program Analyst (each)...................................................... $79,220
Special Agent (each).......................................................................... 80,297
Special Agent, Audit (each).............................................................. 80,297
24. Public Utilities Commission of Nevada:
Executive Director......................................................................... $117,030
Chairman........................................................................................... 123,783
Public Utilities Commissioner (each)............................................ 117,030
Executive Assistant (each)................................................................ 56,265
Financial Analyst (each)................................................................... 81,680
Chief Attorney (each)...................................................................... 118,156
Senior Attorney (each).................................................................... 106,904
Supervisor, Consumer Complaint Resolution............................... 81,584
Manager, Safety and Quality Assurance....................................... 97,901
Manager, Systems Operation........................................................... 87,773
Public Education and Statistical Analysis Officer (each)............ 67,518
Administrative Attorney (each)....................................................... 70,894
Manager, Resource and Market Analysis...................................... 97,901
Engineer, Water................................................................................... 81,680
Engineer, Electric (each).................................................................... 85,836
Senior Gas Pipeline Engineer............................................................ 86,170
Engineer, Gas Pipeline (each)........................................................... 81,680
Senior Engineering Analyst............................................................... 73,194
Manager, Policy Analysis.................................................................. 97,901
Director, Regulatory Operations.................................................... 117,030
Manager, Consumer Complaint Resolution.................................. 97,901
Senior Analyst..................................................................................... 73,194
Rural Consumer Representative...................................................... 66,039
Manager, Tariffs and Compliance.................................................. 97,901
Commission Secretary....................................................................... 97,901
Assistant Commission Secretary..................................................... 87,773
Senior Regulatory Economist........................................................... 87,667
Regulatory Economist (each)........................................................... 87,667
Commission Policy Advisory (each)............................................... 90,127
Senior Utility Analyst (each)............................................................. 73,194
Resource Planning Engineer............................................................. 81,680
Legal Case Manager.......................................................................... 57,124
25. Department of Motor Vehicles:
Director............................................................................................ $127,721
Deputy Director, Motor Vehicles................................................... 123,783
Executive Assistant............................................................................ 56,265
Division Administrator, DMV Motor Carrier................................. 97,901
Deputy Administrator, DMV Motor Carrier.................................. 87,773
Division Administrator, DMV Management Services.................. 97,901
Division Administrator, DMV Automation.................................... 97,901
Division Administrator, DMV Field Services............................... 107,465
Deputy Administrator, DMV Field Services................................... 97,901
Division Administrator, DMV Compliance Enforcement......... 107,465
Deputy Administrator, Compliance Enforcement (each)........... 97,901
Division Administrator, DMV Central Services............................. 97,901
Division Administrator, DMV Administrative Services............... 97,901
κ2013 Statutes of Nevada, Page 2622 (CHAPTER 447, AB 511)κ
Annual
Title or Position Salary
Chief Administrative Law Judge, DMV (licensed attorney).. $118,156
Chief Administrative Law Judge, DMV (other than licensed attorney) 106,904
DMV Administrative Law Judge (licensed attorney) (each).... 106,904
DMV Administrative Law Judge (other than licensed attorney) (each) 95,650
26. Department of Public Safety:
Director............................................................................................ $127,721
Deputy Director, Public Safety...................................................... 123,783
Executive Assistant............................................................................ 56,265
Division Administrator, Parole and Probation............................ 123,783
Chairman, State Board of Parole Commissioners..................... 107,465
Parole Board Member (each)........................................................... 87,773
Executive Assistant, Parole Board.................................................. 56,265
Division Administrator, General Services..................................... 112,276
Division Administrator, State Fire Marshal................................. 107,465
Division Administrator, Capitol Police............................................ 97,901
Division Administrator, Investigations......................................... 117,030
Division Administrator, Highway Safety Planning and Administration. 81,584
Chief, Nevada Highway Patrol...................................................... 123,783
Lieutenant Colonel, Nevada Highway Patrol............................. 123,783
Division Administrator, Homeland Security............................... 117,030
Analyst Supervisor / NAIC Manager.............................................. 74,093
27. Department of Corrections:
Director............................................................................................ $127,721
Executive Assistant............................................................................ 56,265
Medical Director............................................................................... 191,379
Deputy Director, Operations, Northern Region........................... 117,030
Deputy Director, Industrial Programs........................................... 117,030
Deputy Director, Operations, Southern Region........................... 117,030
Deputy Director, Support Services................................................ 117,030
Division Administrator, EEO and Training.................................... 87,773
28. Peace Officers Standards and Training Commission:
Director............................................................................................... $97,901
Deputy Director................................................................................... 87,773
Executive Assistant............................................................................ 56,265
Bureau Chief (each)........................................................................... 77,272
Training Specialist (each).................................................................. 70,533
29. State Department of Conservation and Natural Resources:
Director............................................................................................ $127,721
Deputy Director................................................................................ 106,904
Division Administrator, Environmental Protection.................... 123,783
Division Administrator, Water Resources.................................... 123,783
Division Administrator, Forestry.................................................... 107,465
Division Administrator, State Parks.............................................. 107,465
Division Administrator, State Lands............................................... 97,901
κ2013 Statutes of Nevada, Page 2623 (CHAPTER 447, AB 511)κ
Annual
Title or Position Salary
District Supervisor, Water Commissioner, Water Resources.... $70,894
Administrator, Natural Heritage...................................................... 81,584
Administrator, Historic Preservation............................................... 97,901
30. Department of Wildlife:
Director............................................................................................ $117,030
Deputy Director (each).................................................................... 107,465
Executive Assistant............................................................................ 56,265
Chief Game Warden.......................................................................... 97,901
Division Administrator, Conservation Education......................... 87,773
Division Administrator, Fisheries Management............................ 87,773
Division Administrator, Game Management................................ 87,773
Division Administrator, Habitat....................................................... 87,773
Division Administrator, Wildlife Administration........................... 87,773
Division Administrator, Wildlife Diversity...................................... 87,773
31. Department of Transportation:
Director............................................................................................ $127,721
Deputy Director (each).................................................................... 124,908
Executive Assistant............................................................................ 56,265
Assistant Director, Administrative Services................................. 107,465
Assistant Director, Planning and Program Development.......... 107,465
Assistant Director, Engineering...................................................... 123,783
Assistant Director, Operations........................................................ 123,783
Hearings Officer.................................................................................. 70,894
Administrative Coordinator.............................................................. 84,089
32. Colorado River Commission of Nevada:
Director............................................................................................ $131,826
Deputy Director................................................................................ 125,340
Division Head, Power...................................................................... 119,445
Division Head, Water...................................................................... 119,445
Administrative Services Officer..................................................... 119,445
Office Manager................................................................................... 65,654
Senior Energy Accountant (each).................................................... 89,528
Natural Resource Specialist (each)............................................... 103,853
Environmental Program Manager................................................ 107,434
Network Administrator (each).......................................................... 77,591
Power Supply Manager................................................................... 110,188
Assistant Director Engineering and Operations........................... 119,372
Assistant Director Energy Information Systems........................ 107,434
Power Facilities Manager................................................................ 107,434
Power Facilities Communication Technician (each).................... 83,560
Senior Power Facilities Electrician (each)....................................... 83,560
Senior Power Facilities Engineer.................................................... 103,302
Power Facilities Electrician................................................................ 77,591
Hydropower Program Manager..................................................... 113,404
Assistant Hydropower Program Manager................................... 101,466
Manager, Power Planner................................................................. 106,904
Power Supply Planner...................................................................... 107,465
Assistant Power Supply Planner....................................................... 93,186
Manager, Power Accounting.......................................................... 106,904
κ2013 Statutes of Nevada, Page 2624 (CHAPTER 447, AB 511)κ
Annual
Title or Position Salary
Energy Accountant (each).............................................................. $78,771
33. Public Employees Benefits Program:
Executive Officer........................................................................... $123,783
Executive Assistant............................................................................ 56,265
Quality Control Officer...................................................................... 95,650
Operations Officer............................................................................ 105,216
Chief Financial Officer...................................................................... 95,650
Chief Information Officer................................................................ 95,650
Financial Analyst................................................................................ 80,459
34. Veterans Services:
Executive Director, Veterans Services.......................................... $95,650
Deputy Director, Veterans Services................................................. 81,584
Administrator, Veterans Home...................................................... 107,465
35. Office of the Military:
Adjutant General........................................................................... $117,030
36. Medical and Related Positions:
Senior Physician (Range C) (each)............................................. $155,624
Senior Psychiatrist (Range C) (each)............................................ 176,902
Senior Institutional Dentist (Range B) (each)............................. 138,455
Pharmacist 3..................................................................................... 120,470
Pharmacist 2 (each)......................................................................... 109,518
Pharmacist 1 (each)........................................................................... 99,563
Κ A Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology.
Sec. 2. 1. If any unclassified position is omitted from this act for Fiscal Year 2013-2014 or Fiscal Year 2014-2015, the Division of Human Resource Management of the Department of Administration shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.
2. If the Fiscal Analysis Division of the Legislative Counsel Bureau determines that the title or maximum salary for a position set forth in section 1 of this act contains a typographical or other error that misrepresents the maximum salary intended to be set forth in section 1 of this act, the Interim Finance Committee may review the duties and responsibilities of the position and establish the appropriate title and maximum salary for the position pursuant to the intent of the 77th Session of the Nevada Legislature.
3. An employee occupying a position that is currently in the classified service that is moved into the unclassified service pursuant to this act has the option to remain in the classified service at his or her current grade, with all rights afforded classified employees, or move into the unclassified service. If the employee chooses to move into the unclassified service, the employee cannot at a later date choose to return to the classified service while occupying this position.
4. Once an employee vacates the position moved into the unclassified service pursuant to this act, the employee who is the replacement in the position will be in the unclassified service.
κ2013 Statutes of Nevada, Page 2625 (CHAPTER 447, AB 511)κ
5. If the salary for a position that is currently in the classified service or nonclassified service and that is moved into the unclassified service is reduced pursuant to this act, the salary for the employee currently serving in the position will be retained at its current level and the employee will be subject to unpaid furlough leave pursuant to section 3 of this act. Once the employee serving in the position vacates the position, the unclassified salary is established at the level in section 1 of this act.
6. If the salary for an employee occupying a position in the unclassified service on June 30, 2013, is more than the maximum salary for that position as set forth in section 1 of this act, the salary for that employee must be retained at the level in effect on June 30, 2013. Such an employee is subject to unpaid furlough leave pursuant to section 3 of this act. Once an employee vacates a position for which the previous salary is retained pursuant to this section, the maximum salary for that position must be reduced to the amount set forth in section 1 of this act.
Sec. 3. 1. Except as otherwise provided in section 5 of this act:
(a) For Fiscal Year 2013-2014 and Fiscal Year 2014-2015, each employee of the State shall:
(1) If he or she is a full-time employee, take 48 hours of unpaid furlough leave each fiscal year.
(2) If he or she is employed less than full time, take a number of hours of unpaid furlough leave each fiscal year which is equal to the average number of hours worked per working day multiplied by 6.
(b) Except as otherwise provided in subsection 3, the requirements in paragraph (a) apply to the Executive, Judicial and Legislative Departments of State Government and includes the Nevada System of Higher Education, the Public Employees Retirement System and all other entities of 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 by regulation adopted pursuant to this section by the Personnel Commission, 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) Continuity of service and years of service for the purposes of payments pursuant to the plan to encourage continuity of service;
(d) The duration of a probationary period;
(e) Determining eligibility for holiday pay if the shift immediately precedes a holiday;
(f) Seniority for all purposes, including layoffs;
(g) The Public Employees Benefits Program; and
(h) The Public Employees Retirement System, including for the purposes of contributions to the System, subject to the requirements of sections 4 and 5 of this act.
3. 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.
κ2013 Statutes of Nevada, Page 2626 (CHAPTER 447, AB 511)κ
4. Except as otherwise provided in subsection 3, the Personnel Commission shall adopt regulations to carry out the provisions of this section.
Sec. 4. 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 3 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 3 of this act if:
(a) The employee does not take more than 48 hours of furlough leave each year in Fiscal Year 2013-2014 and Fiscal Year 2014-2015; and
(b) The public employer certifies to the System that the employer is participating in the furlough program established pursuant to section 3 of this act and that the furlough leave which is reported for the employee is taken in accordance with the requirements of section 3 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. 5. 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 3 of this act to identified areas of critical need. If an employer, including the State, participating in the program established pursuant to section 3 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;
κ2013 Statutes of Nevada, Page 2627 (CHAPTER 447, AB 511)κ
(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.
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 Branch of 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 shall determine positions within the Judicial Branch of State Government that cannot be subject to furlough leave.
(e) The Legislative Commission shall determine positions within the Legislative Branch of 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 2.3 percent for the portion of the 2013-2015 biennium during which the position is not subject to furlough leave.
Sec. 6. 1. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $16,024,944 for the purpose of meeting any deficiencies for Fiscal Year 2013-2014, which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 77th Session of the Nevada Legislature, and the actual salary of each state employee, excluding any previous salary reductions.
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the employees of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 7. 1. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $16,021,435 for the purpose of meeting any deficiencies for Fiscal Year 2014-2015, which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 77th Session of the Nevada Legislature, and the actual salary of each state employee, excluding any previous salary reductions.
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the employees of the respective departments, commissions and agencies under the adjusted pay plan.
κ2013 Statutes of Nevada, Page 2628 (CHAPTER 447, AB 511)κ
various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the employees of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 8. 1. There is hereby appropriated from the State Highway Fund to the State Board of Examiners the sum of $1,846,322 for the purpose of meeting any deficiencies for Fiscal Year 2013-2014 and the sum of $1,866,084 for the purpose of meeting any deficiencies for Fiscal Year 2014-2015, which may exist between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority, as fixed by the 77th Session of the Nevada Legislature, and actual salaries of the personnel of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority, excluding any previous salary reductions.
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the Department of Motor Vehicles, the Department of Public Safety and the Nevada Transportation Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to meet and pay the salaries of the employees of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority under the adjusted pay plan.
Sec. 9. The Department of Health and Human Services and the Department of Corrections may adopt a plan to authorize additional payments of up to $60 for a specified period on a weeknight and of up to $100 for a specified period on a weekend day for unclassified employees, who are Senior Psychiatrists, Senior Physicians or Pharmacists to perform on-call responsibilities to ensure 24-hour coverage in psychiatric treatment facilities, and correctional facilities and institutions. On-call responsibilities for Senior Psychiatrists and Senior Physicians include, without limitation, attending to clinical emergencies, evaluation of patients subject to seclusion and restraint, and completing rounds during weekends. On-call responsibilities for Pharmacists, include, without limitation, consultation with medical personnel and first dosage reviews.
Sec. 10. The State Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as an electronic laboratory engineer and possess a bachelor of science or higher degree in engineering, electronic engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.
Sec. 11. Any remaining balance of an appropriation made by section 6, 7 or 8 of this act must not be committed for expenditure after June 30, 2015, 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, 2015, 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 fund from which it was appropriated on or before September 18, 2015.
κ2013 Statutes of Nevada, Page 2629 (CHAPTER 447, AB 511)κ
the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 18, 2015.
Sec. 12. When determining the allocations of the money appropriated in sections 6, 7 and 8 of this act, the State Board of Examiners must not distribute money to an account beyond the maximum salary need amount determined for the account. Appropriations established for an account within a department, agency or commission must not be distributed to another account within the department, agency or commission if that action results in the distribution of money beyond the maximum salary need amount determined for the account.
Sec. 13. The four semiannual payments to which a state employee would otherwise be entitled pursuant to NRS 284.177 must not be made during Fiscal Year 2013-2014 and Fiscal Year 2014-2015. For the purposes of payment made pursuant to NRS 284.177 on or after July 1, 2015, any service during that 2-year period must be considered in determining the length of continuous service of an employee, but an employee is not entitled to semiannual payments that would otherwise have been made during the period during which the semiannual payments are suspended.
Sec. 14. No merit pay increases which a state employee would otherwise be entitled pursuant to chapter 284 of NRS and any regulations adopted pursuant thereto may be granted during Fiscal Year 2013-2014. For the purposes of merit pay increases granted on or after July 1, 2014, an employee is not entitled to any increases that would otherwise have been granted during that period.
Sec. 15. NRS 408.111 is hereby amended to read as follows:
408.111 1. The Department consists of a Director, two Deputy Directors, a Chief Engineer and the following divisions:
(a) Administrative Division.
(b) Operations Division.
(c) Engineering Division.
(d) Planning Division.
2. The head of a Division is an assistant director. Assistant directors are in the [classified] unclassified service of the State.
Sec. 16. 1. This section and section 6 of this act become effective upon passage and approval.
2. Sections 1 to 5, inclusive, and 7 to 15, inclusive, of this act become effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 2630κ
Senate Bill No. 467Committee on Finance
CHAPTER 448
[Approved: June 10, 2013]
AN ACT relating to education; removing the requirement for certain approval of expenditures from the Education Gift Fund; revising provisions governing the qualifications for the Office of Superintendent of Public Instruction and other authorized business pursuits by the Superintendent; revising provisions relating to the payment of the expenses of holding certain conferences; revising provisions relating to deputies within the Department of Education; transferring certain duties from the Superintendent and his or her deputies to the Department of Education; revising provisions governing the Account for Programs for Innovation and the Prevention of Remediation; abolishing the Commission on Educational Excellence; revising the date by which school districts and charter schools are required to submit annual budgetary reports; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 6 of this bill removes the requirement that any expenditure from the Education Gift Fund be approved by the Legislature or the Interim Finance Committee.
Section 8 of this bill revises the qualifications for the Office of the Superintendent of Public Instruction to remove the requirement that the Superintendent hold a masters degree in the field of education or school administration.
Section 9 of this bill transfers the authority to approve the pursuit by the Superintendent of Public Instruction of any other business or occupation or holding any other office of profit from the State Board of Education to the Governor, who appoints the Superintendent.
Section 10 of this bill removes the requirement under existing law that the expenses of holding teachers and administrators conferences be paid from the State Distributive School Account in the State General Fund, not to exceed $8,400 in any biennium.
Existing law authorizes the Superintendent of Public Instruction to appoint a Deputy Superintendent of Instructional, Research and Evaluative Services and a Deputy Superintendent for Administrative and Fiscal Services and prescribes the qualifications and duties of each of those Deputies. (NRS 385.290-385.320) Sections 14 and 67 of this bill remove these designated deputies, and instead section 14 authorizes the Superintendent of Public Instruction to appoint such deputy superintendents as the execution of the Superintendents duties may require. Sections 11-13, 15 and 16 of this bill transfer certain duties of the Superintendent of Public Instruction and his or her deputies to the Department of Education.
Existing law creates the Commission on Educational Excellence and authorizes the Commission to make allocations from the Account for Programs for Innovation and the Prevention of Remediation to public schools and consortiums of public schools whose applications are approved by the Commission for programs to improve pupil achievement or innovative programs, or both. (NRS 385.3781-385.379) Section 67 abolishes the Commission, and section 18.5 of this bill revises the purpose for which the money in the Account may be used to allow its use only for public schools and public education, as authorized by the Legislature.
κ2013 Statutes of Nevada, Page 2631 (CHAPTER 448, SB 467)κ
Sections 21 and 22 of this bill impose an earlier deadline by which the board of trustees of each school district and the governing body of each charter school, respectively, are required to submit an annual report of their budgets to the Superintendent of Public Instruction and other specified recipients.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-5. (Deleted by amendment.)
Sec. 6. NRS 385.095 is hereby amended to read as follows:
385.095 Except as otherwise provided in NRS 385.091:
1. All gifts of money which the State Board is authorized to accept must be deposited in a special revenue fund in the State Treasury designated as the Education Gift Fund.
2. The money available in the Education Gift Fund must be used only for the purpose specified by the donor, within the scope of the State Boards powers and duties . [, and no expenditure may be made until approved by the Legislature in an authorized expenditure act or by the Interim Finance Committee if the Legislature is not in session.]
3. If all or part of the money accepted by the State Board from a donor is not expended before the end of any fiscal year, the remaining balance of the amount donated must remain in the Education Gift Fund until needed for the purpose specified by the donor.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 385.160 is hereby amended to read as follows:
385.160 To be eligible to the Office of Superintendent of Public Instruction, a person shall:
1. Have attained the age of 21 years at the time of his or her appointment; and
2. [Hold a masters degree in the field of education or school administration; and
3.] Possess the knowledge and ability to carry out the duties required by this title and all other statutes and regulations governing K-12 public education.
Sec. 9. NRS 385.170 is hereby amended to read as follows:
385.170 The Superintendent shall not pursue any other business or occupation or hold any other office of profit without the approval of the [State Board of Education.] Governor.
Sec. 10. NRS 385.190 is hereby amended to read as follows:
385.190 1. The Superintendent of Public Instruction or a staff member designated by the Superintendent shall:
(a) Convene teachers conferences in the various sections of the State in such places and at such times as he or she deems advisable.
(b) Engage such conference lecturers and leaders as he or she deems advisable.
(c) Preside over and regulate the programs of all teachers conferences.
2. No teachers conference may continue more than 5 days.
3. The Superintendent of Public Instruction or the designated staff member shall convene, in such places and at such times as he or she may designate, conferences of school administrators.
κ2013 Statutes of Nevada, Page 2632 (CHAPTER 448, SB 467)κ
[4. The expenses of holding teachers and administrators conferences must be paid from the State Distributive School Account in the State General Fund, but the amount must not exceed $8,400 in any one biennium. The State Controller shall draw his or her warrants for such expenses upon the order of the Superintendent of Public Instruction.]
Sec. 11. NRS 385.210 is hereby amended to read as follows:
385.210 1. The [Superintendent of Public Instruction] Department shall prescribe a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools.
2. The [Superintendent] Department shall prepare [pamphlet] copies of the codified statutes relating to schools and shall transmit a copy to each school, school trustee and other school officer in this State. If the State Board adopts regulations to carry out these codified statutes or if additions or amendments are made to these codified statutes, the [Superintendent] Department shall have the regulations, additions or amendments printed and transmitted immediately thereafter. Each [pamphlet] copy must be marked State property — to be turned over to your successor in office. Each school shall maintain a copy [of the pamphlet] with any regulations, additions or amendments in the school library.
3. In addition to the requirements set forth in subsection 2, the [Superintendent] Department shall, to the extent practicable and not later than July 1 of each year, provide to the board of trustees of each school district and to the governing body of each charter school a memorandum that includes:
(a) A description of each statute newly enacted by the Legislature which affects the public schools in this State and the pupils who are enrolled in the public schools in this State. The memorandum may compile all the statutes into one document.
(b) A description of each bill, or portion of a bill, newly enacted by the Legislature that appropriates or authorizes money for public schools or for employees of a school district or charter school, or both, or otherwise affects the money that is available for public schools or for employees of school districts or charter schools, or both, including, without limitation, each line item in a budget for such an appropriation or authorization. The memorandum may compile all bills, or portions of bills, as applicable, into one document.
(c) If a statute or bill described in the memorandum requires the State Board or the Department to take action to carry out the statute or bill, a brief plan for carrying out that statute or bill.
(d) The date on which each statute and bill described in the memorandum becomes effective and the date by which it must be carried into effect by a school district or public school, including, without limitation, a charter school.
4. If a statute or bill described in subsection 3 is enacted during a special session of the Legislature that concludes after July 1, the [Superintendent] Department shall prepare an addendum to the memorandum that includes the information required by this section for each such statute or bill. The addendum must be provided to the board of trustees of each school district and the governing body of each charter school not later than 30 days after the special session concludes.
κ2013 Statutes of Nevada, Page 2633 (CHAPTER 448, SB 467)κ
5. The [Superintendent] Department shall, if directed by the State Board, prepare and publish a bulletin as the official publication of the Department.
Sec. 12. NRS 385.230 is hereby amended to read as follows:
385.230 1. The [Superintendent of Public Instruction] Department shall, in conjunction with the State Board, prepare an annual report of the state of public education in this State. The report must include, without limitation:
(a) An analysis of each annual report of accountability prepared by the State Board pursuant to NRS 385.3469;
(b) An update on the status of K-12 public education in this State;
(c) A description of the most recent vision and mission statements of the State Board and the Department, including, without limitation, the progress made by the State Board and Department in achieving those visions and missions;
(d) A description of the goals and benchmarks for improving the academic achievement of pupils which are included in the plan to improve the achievement of pupils required by NRS 385.34691;
(e) An analysis of the progress the public schools have made in the previous year toward achieving the goals and benchmarks for improving the academic achievement of pupils;
(f) An analysis of whether the standards and examinations adopted by the State Board adequately prepare pupils for success in postsecondary educational institutions and in career and workforce readiness;
(g) An analysis of the extent to which school districts and charter schools recruit and retain effective teachers and principals;
(h) An analysis of the ability of the automated system of accountability information for Nevada established pursuant to NRS 386.650 to link the achievement of pupils to the performance of the individual teachers assigned to those pupils and to the principals of the schools in which the pupils are enrolled;
(i) An analysis of the extent to which the lowest performing public schools have improved the academic achievement of pupils enrolled in those schools;
(j) A summary of the innovative educational programs implemented by public schools which have demonstrated the ability to improve the academic achievement of pupils, including, without limitation:
(1) Pupils who are economically disadvantaged, as defined by the State Board;
(2) Pupils from major racial and ethnic groups, as defined by the State Board;
(3) Pupils with disabilities;
(4) Pupils who are limited English proficient; and
(5) Pupils who are migratory children, as defined by the State Board; and
(k) A description of any plan of corrective action requested by the Superintendent of Public Instruction from the board of trustees of a school district or the governing body of a charter school and the status of that plan.
2. In odd-numbered years, the Superintendent of Public Instruction shall present the report prepared pursuant to subsection 1 in person to the Governor and each standing committee of the Legislature with primary jurisdiction over matters relating to K-12 public education at the beginning of each regular session of the Legislature.
κ2013 Statutes of Nevada, Page 2634 (CHAPTER 448, SB 467)κ
primary jurisdiction over matters relating to K-12 public education at the beginning of each regular session of the Legislature.
3. In even-numbered years, the Superintendent of Public Instruction shall, on or before January 31, submit a written copy of the report prepared pursuant to subsection 1 to the Governor and to the Legislative Committee on Education.
Sec. 13. NRS 385.240 is hereby amended to read as follows:
385.240 1. The [Superintendent of Public Instruction] Department shall approve or disapprove lists of books for use in public school libraries except for the libraries of charter schools. Such lists must not include books containing or including any story in prose or poetry the tendency of which would be to influence the minds of children in the formation of ideals not in harmony with truth and morality or the American way of life, or not in harmony with the Constitution and laws of the United States or of the State of Nevada.
2. Actions of the [Superintendent] Department with respect to lists of books are subject to review and approval or disapproval by the State Board.
Sec. 14. NRS 385.290 is hereby amended to read as follows:
385.290 [1.] The Superintendent of Public Instruction may appoint [a Deputy Superintendent of Instructional, Research and Evaluative Services who:
(a) Holds a masters degree in school administration or a related subject from an accredited college or university.
(b) Has a minimum of 3 years of administrative experience which includes:
(1) Supervision and evaluation of staff;
(2) Development and administration of budgets; and
(3) Development of curriculum.
2. The Deputy Superintendent of Instructional, Research and Evaluative Services] such deputy superintendents as the execution of the Superintendents duties may require. A deputy superintendent may perform any duty required of the Superintendent of Public Instruction during the absence of the Superintendent and shall do such work as the Superintendent may direct under the laws of the State.
Sec. 15. NRS 385.310 is hereby amended to read as follows:
385.310 The [Deputy Superintendent for Administrative and Fiscal Services, under the direction of the Superintendent of Public Instruction,] Department shall:
1. Determine the apportionment of all state school money to schools of the State as prescribed by law.
2. Develop for public schools of the State a uniform system of budgeting and accounting. The system must provide for the separate reporting of expenditures for each:
(a) School district; and
(b) School within a school district.
Κ Upon approval of the State Board, the system is mandatory for all public schools in this State and must be enforced as provided in subsection 2 of NRS 385.315.
3. Carry on a continuing study of school finance in the State, particularly the method by which schools are financed on the state level, and make such recommendations to the Superintendent of Public Instruction for submission to the State Board as [he or she] the Department deems advisable.
κ2013 Statutes of Nevada, Page 2635 (CHAPTER 448, SB 467)κ
make such recommendations to the Superintendent of Public Instruction for submission to the State Board as [he or she] the Department deems advisable.
4. Recommend to the Superintendent of Public Instruction for submission to the State Board such changes in budgetary and financial procedures as the studies may show to be advisable.
5. Perform such other statistical and financial duties pertaining to the administration and finances of the schools of the State as may be required by the Superintendent of Public Instruction.
6. Prepare for the Superintendent of Public Instruction the biennial budgets of the Department for consideration by the State Board and submission to the Governor.
Sec. 16. NRS 385.315 is hereby amended to read as follows:
385.315 [In addition to any other duties, the Deputy Superintendent for Administrative and Fiscal Services, under the direction of the Superintendent of Public Instruction,] The Department shall:
1. Investigate any claim against any school fund or an account established under NRS 354.603, 386.570 or 392A.083, as applicable, whenever a written protest against the drawing of a warrant, check or order in payment of the claim is filed with the county auditor, the sponsor of the charter school or the Department. If, upon investigation, the [Deputy Superintendent] Department finds that any such claim is unearned, illegal or unreasonably excessive, the [Deputy Superintendent] Department shall notify the county auditor and the clerk of the board of trustees, the governing body of the charter school or the governing body of the university school for profoundly gifted pupils who drew or authorized the order for the claim, stating the reasons in writing why the order is unearned, illegal or excessive. If so notified, the county auditor shall not draw his or her warrant in payment of the claim nor shall the board of trustees, governing body of the charter school or governing body of the university school for profoundly gifted pupils draw a check or order in payment of the claim from an account established under NRS 354.603, 386.570 or 392A.083, as applicable. If the [Deputy Superintendent] Department finds that any protested claim is legal and actually due the claimant, the [Deputy Superintendent] Department shall authorize the county auditor, the board of trustees, the governing body of the charter school or the governing body of the university school for profoundly gifted pupils, as applicable, to draw his or her warrant or its check or order on an account established under NRS 354.603, 386.570 or 392A.083, as applicable, for the claim, and the county auditor, the board of trustees or the appropriate governing body shall immediately draw his or her warrant or its check or order in payment of the claim.
2. Inspect the record books and accounts of boards of trustees, governing bodies of charter schools and governing bodies of university schools for profoundly gifted pupils and enforce the uniform method of keeping the financial records and accounts of school districts, charter schools and university schools for profoundly gifted pupils.
3. Inspect the school fund accounts of the county auditors of the several counties and report the condition of the funds of any school district to the board of trustees thereof.
4. Inspect the accounts established by:
κ2013 Statutes of Nevada, Page 2636 (CHAPTER 448, SB 467)κ
(a) The boards of trustees under NRS 354.603 and report the condition of the accounts to the respective boards of county commissioners and county treasurers.
(b) The governing bodies of charter schools under NRS 386.570 and report the condition of the accounts to the respective sponsors of the charter schools and governing bodies of the charter schools.
(c) The governing bodies of university schools for profoundly gifted pupils under NRS 392A.083 and report the condition of the accounts to the Board of Regents of the University of Nevada and the respective governing bodies of the university schools.
Sec. 17. NRS 385.320 is hereby amended to read as follows:
385.320 [The Deputy Superintendent of Instructional, Research and Evaluative Services and the Deputy Superintendent for Administrative and Fiscal Services:
1. Are] Each deputy superintendent appointed by the Superintendent of Public Instruction pursuant to NRS 385.290:
1. Is in the unclassified service of the State.
2. Except as otherwise provided in NRS 284.143, shall each devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 18. (Deleted by amendment.)
Sec. 18.5. NRS 385.379 is hereby amended to read as follows:
385.379 1. The Account for Programs for Innovation and the Prevention of Remediation 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 . [or 3.] 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. [Except as otherwise provided in NRS 385.3784 and subsection 3, the] The money in the Account may only be used for [the allocation of money to] public schools and [consortiums of public schools whose applications are approved by the Commission pursuant to NRS 385.3785.
3. Upon the request of the Commission:
(a) Not more than $50,000 in the Account may be used each biennium to pay:
(1) The expenses incurred by members of the Commission to travel to the public schools and consortiums of public schools that received allocations of money from the Account; and
(2) The costs incurred by the Commission to hold meetings or conferences for representatives of public schools and consortiums of schools that received allocations of money from the Account to discuss or display, or both, programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.
κ2013 Statutes of Nevada, Page 2637 (CHAPTER 448, SB 467)κ
(b) Not more than $450,000 in the Account may be used each biennium to pay for an evaluation of the programs for which money was allocated from the Account. If the Commission uses money in the Account for such an evaluation, the Commission shall ensure that:
(1) A request for proposals is issued and a qualified, independent consultant is selected to conduct the evaluation;
(2) Upon selection of the consultant, the Commission receives approval of the consultant and the plan for the evaluation from the Committee;
(3) The evaluation is designed to determine the effectiveness of the programs for which money was allocated from the Account in improving the achievement of pupils;
(4) The evaluation includes an identification of the programs for which money was allocated from the Account that did not improve the achievement of pupils as described in the approved application for the grant;
(5) The evaluation includes an identification of the public schools and consortiums of public schools that did not implement the programs for which money was allocated from the Account as described in the approved application for the grant; and
(6) The evaluation includes a compilation and review of each evaluation required to be submitted by public schools and consortiums of public schools pursuant to NRS 385.3787.] public education, as authorized by the Legislature.
Sec. 19. NRS 385.389 is hereby amended to read as follows:
385.389 1. The Department shall adopt programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015 and 389.550, including, without limitation, programs that are designed for pupils who are limited English proficient. The programs adopted for pupils who are limited English proficient must be designed to:
(a) Improve the academic achievement of those pupils; or
(b) Assist those pupils with attaining proficiency in the English language.
Κ In adopting these programs of remedial study, the Department shall consider the recommendations submitted by the Committee pursuant to NRS 218E.615 and programs of remedial study that have proven to be successful in improving the academic achievement of pupils.
2. If a school fails to make adequate yearly progress based upon the results of the examinations administered pursuant to NRS 389.015 or 389.550, the school shall adopt a program of remedial study that has been adopted by the Department pursuant to subsection 1 . [or a program, practice or strategy recommended by the Commission on Educational Excellence pursuant to NRS 385.3785, or any combination thereof, as applicable.]
3. A school district that includes a school described in subsection 2 shall ensure that each of the pupils enrolled in the school who failed to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015 or 389.550, as applicable, completes remedial study that is determined to be appropriate for the pupil.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 386.600 is hereby amended to read as follows:
386.600 1. On or before November [15] 1 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the Superintendent of Public Instruction and the Director of the Legislative Counsel Bureau for transmission to the Majority Leader of the Senate and the Speaker of the Assembly a report that includes:
κ2013 Statutes of Nevada, Page 2638 (CHAPTER 448, SB 467)κ
Counsel Bureau for transmission to the Majority Leader of the Senate and the Speaker of the Assembly a report that includes:
(a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.
(b) For each fund maintained by the charter school, including, without limitation, the general fund of the charter school and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the final budget of the charter school, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(c) The actual expenditures of the charter school in the fiscal year immediately preceding the report.
(d) The proposed expenditures of the charter school for the current fiscal year.
(e) The salary schedule for licensed employees and nonlicensed teachers in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the governing body shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations.
(f) The number of employees eligible for health insurance within the charter school for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(g) The rates for fringe benefits, excluding health insurance, paid by the charter school for its licensed employees in the preceding and current fiscal years.
(h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Department of Administration, a compilation of the reports made by each governing body pursuant to subsection 1.
3. The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the State Distributive School Account for the preceding year.
Sec. 22. NRS 387.303 is hereby amended to read as follows:
387.303 1. Not later than November [10] 1 of each year, the board of trustees of each school district shall submit to the Superintendent of Public Instruction and the Department of Taxation a report which includes the following information:
(a) For each fund within the school district, including, without limitation, the school districts general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions.
κ2013 Statutes of Nevada, Page 2639 (CHAPTER 448, SB 467)κ
employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school districts final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(b) The school districts actual expenditures in the fiscal year immediately preceding the report.
(c) The school districts proposed expenditures for the current fiscal year.
(d) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.
(e) The number of employees who received an increase in salary pursuant to subsection 2, 3 or 4 of NRS 391.160 for the current and preceding fiscal years. If the board of trustees is required to pay an increase in salary retroactively pursuant to subsection 2 of NRS 391.160, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction not later than February 15 of the year in which the retroactive payment was made that includes the number of teachers to whom an increase in salary was paid retroactively.
(f) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(g) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.
(h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.
(i) The expenditures from the account created pursuant to subsection 4 of NRS 179.1187. The report must indicate the total amount received by the district in the preceding fiscal year and the specific amount spent on books and computer hardware and software for each grade level in the district.
2. On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Department of Administration, a compilation of the reports made by each school district pursuant to subsection 1.
3. In preparing the agency biennial budget request for the State Distributive School Account for submission to the Department of Administration, the Superintendent of Public Instruction:
(a) Shall compile the information from the most recent compilation of reports submitted pursuant to subsection 2;
(b) May increase the line items of expenditures or revenues based on merit salary increases and cost of living adjustments or inflation, as deemed credible and reliable based upon published indexes and research relevant to the specific line item of expenditure or revenue;
κ2013 Statutes of Nevada, Page 2640 (CHAPTER 448, SB 467)κ
credible and reliable based upon published indexes and research relevant to the specific line item of expenditure or revenue;
(c) May adjust expenditures and revenues pursuant to paragraph (b) for any year remaining before the biennium for which the budget is being prepared and for the 2 years of the biennium covered by the biennial budget request to project the cost of expenditures or the receipt of revenues for the specific line items;
(d) May consider the cost of enhancements to existing programs or the projected cost of proposed new educational programs, regardless of whether those enhancements or new programs are included in the per pupil basic support guarantee for inclusion in the biennial budget request to the Department of Administration; and
(e) Shall obtain approval from the State Board for any inflationary increase, enhancement to an existing program or addition of a new program included in the agency biennial budget request.
4. The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues of the school districts with the apportionment received by those districts from the State Distributive School Account for the preceding year.
5. The request prepared pursuant to subsection 3 must:
(a) Be presented by the Superintendent of Public Instruction to such standing committees of the Legislature as requested by the standing committees for the purposes of developing educational programs and providing appropriations for those programs; and
(b) Provide for a direct comparison of appropriations to the proposed budget of the Governor submitted pursuant to subsection 4 of NRS 353.230.
Secs. 23-64. (Deleted by amendment.)
Sec. 65. NRS 218E.615 is hereby amended to read as follows:
218E.615 1. The Committee may:
(a) Evaluate, review and comment upon issues related to education within this State, including, but not limited to:
(1) Programs to enhance accountability in education;
(2) Legislative measures regarding education;
(3) The progress made by this State, the school districts and the public schools in this State in satisfying the goals and objectives of the federal No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., and the annual measurable objectives established by the State Board of Education pursuant to NRS 385.361;
(4) Methods of financing public education;
(5) The condition of public education in the elementary and secondary schools;
(6) The program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;
(7) The development of any programs to automate the receipt, storage and retrieval of the educational records of pupils; and
(8) Any other matters that, in the determination of the Committee, affect the education of pupils within this State.
(b) Conduct investigations and hold hearings in connection with its duties pursuant to this section.
(c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and reviews of the Committee.
κ2013 Statutes of Nevada, Page 2641 (CHAPTER 448, SB 467)κ
(d) Make recommendations to the Legislature concerning the manner in which public education may be improved.
2. The Committee shall:
(a) In addition to any standards prescribed by the Department of Education, prescribe standards for the review and evaluation of the reports of the State Board of Education, State Public Charter School Authority, school districts and public schools pursuant to paragraph (a) of subsection 1 of NRS 385.359.
(b) For the purposes set forth in NRS 385.389, recommend to the Department of Education programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In recommending these programs of remedial study, the Committee shall consider programs of remedial study that have proven to be successful in improving the academic achievement of pupils.
(c) Recommend to the Department of Education providers of supplemental educational services for inclusion on the list of approved providers prepared by the Department pursuant to NRS 385.384. In recommending providers, the Committee shall consider providers with a demonstrated record of effectiveness in improving the academic achievement of pupils.
[(d) For the purposes set forth in NRS 385.3785, recommend to the Commission on Educational Excellence created by NRS 385.3784 programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.]
Sec. 66. (Deleted by amendment.)
Sec. 67. NRS 385.300, 385.3781, 385.3782, 385.3783, 385.37835, 385.3784, 385.3785, 385.3787 and 385.3789 are hereby repealed.
Secs. 68 and 69. (Deleted by amendment.)
Sec. 70. 1. Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of regulations is transferred.
2. Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement have been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement have been transferred.
3. Any actions taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions was transferred.
Sec. 71. The Legislative Counsel shall, in preparing supplements, to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
κ2013 Statutes of Nevada, Page 2642 (CHAPTER 448, SB 467)κ
responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 72. (Deleted by amendment.)
Sec. 73. This act becomes effective upon passage and approval.
________
Senate Bill No. 479Committee on Finance
CHAPTER 449
[Approved: June 10, 2013]
AN ACT relating to insurance; authorizing a certain credit against the insurance premium tax to be carried forward into subsequent years until entirely used; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for each insurer that transacts business in this State to pay a tax on his or her net direct premiums and net direct considerations. (NRS 680B.027) Existing law also provides for a credit against the portion of this tax paid by the insurer for the insurers policies of industrial insurance, this credit being equal to the amount of the assessment paid by the insurer to the Division of Industrial Relations of the Department of Business and Industry to support specified services and programs. (NRS 680B.036) Section 1 of this bill provides that this credit does not expire and may be carried forward into subsequent years until entirely used.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 680B.036 is hereby amended to read as follows:
680B.036 1. Each insurer providing industrial insurance in this state pursuant to chapters 616A to 617, inclusive, of NRS is entitled to a credit against the premium tax paid pursuant to NRS 680B.027 for its policies of industrial insurance in an amount equal to the assessment paid by the insurer to the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 232.680.
2. The credit provided to an insurer pursuant to subsection 1 does not expire and the insurer may carry forward any unused amount of the credit into subsequent years until the entire amount of the credit is used.
Sec. 2. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 2643κ
Senate Bill No. 515Committee on Finance
CHAPTER 450
[Approved: June 10, 2013]
AN ACT relating to unemployment compensation; authorizing the issuance of revenue bonds and other securities to repay loans from the Federal Government to this State for the payment of unemployment compensation and to establish adequate balances in the Unemployment Trust Fund; providing for special bond contributions to pay such bonds and related costs; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the system of unemployment compensation is funded by employer contributions in the form of state and federal taxes. If the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation determines that the amount of such contributions will be inadequate to enable the Administrator to pay all compensation, existing law authorizes the Administrator to request that the United States Secretary of Labor advance the amount of money required to pay such compensation. The loan must be repaid out of future employer contributions. (NRS 612.290; 42 U.S.C. §§ 1321 et seq.) As of March 2012, the unemployment compensation system of this State was indebted to the Federal Government for over $800 million due to such advances.
Section 12 of this bill authorizes the State Board of Finance, if requested by the Administrator, to issue bonds to: (1) raise money to repay such federal advances; (2) create adequate balances in this States account in the Unemployment Trust Fund of the United States Treasury for the payment of compensation in the future; and (3) to defray various expenses connected with the issuance and administration of the bonds. The bonds are special obligation bonds payable primarily out of the special bond contributions that employers are required to pay pursuant to section 16 of this bill. The bonds do not pledge the full faith and credit of the State. Section 13 of this bill establishes various provisions concerning the security that purchasers of bonds may rely on to ensure their repayment. Section 14 of this bill establishes the procedures to govern the State Treasurer and the Administrator to meet the payment of bond-related obligations. Section 15 of this bill requires the creation of a trust fund in the State Treasury under the control and direction of the State Treasurer to receive the money from the special bond contributions. Section 15 also establishes the purposes for which money in the fund may be used. Section 16 requires all employers who are required to make contributions under existing law to also pay the special bond contributions until all bonds that were issued to retire the States indebtedness to the Federal Government and to establish adequate balances in this States account in the Unemployment Trust Fund have been retired. Section 17 of this bill pledges the faith of the State to maintain all laws in such a manner that will not impair the rights of holders of the bonds.
κ2013 Statutes of Nevada, Page 2644 (CHAPTER 450, SB 515)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. Chapter 612 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.
Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Benefits has the meaning ascribed to it in NRS 612.035 and also includes the principal due on a bond which is attributable to the payment of benefits under Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended, or which is attributable to the repayment of the principal of a federal advance, in each case, exclusive of interest on the bond or bond administrative expenses.
Sec. 4. Bond means any type of special revenue obligation, including, without limitation, a bond, note, interim obligation, certificate or other instrument issued by the State Board of Finance in accordance with sections 2 to 17, inclusive, of this act, including refunding bonds.
Sec. 5. Bond administrative expense means any expense incurred by the Division, the State Treasurer, the State Board of Finance, bond trustees, paying agents, arbitrage compliance agents or any other person or entity to administer bonds or as otherwise necessary to ensure compliance with federal or Nevada law.
Sec. 6. Bond obligation means the principal of a bond and any premium and interest payable on a bond, together with any amount owed under a related credit agreement or under any instrument or agreement related to the bond.
Sec. 7. Credit agreement means a loan agreement, a revolving credit agreement, an agreement establishing a line of credit, a letter of credit, a standby bond purchase agreement, municipal bond insurance or any other agreement that enhances the marketability, security or creditworthiness of a bond.
Sec. 8. Federal advance means a loan by the Federal Government to this State for the payment of compensation under Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended.
Sec. 9. Special bond contributions means the contributions required to be assessed, imposed and collected pursuant to section 16 of this act.
Sec. 10. Unemployment Compensation Bond Fund means the fund established pursuant to section 15 of this act.
Sec. 11. The Legislature hereby finds and declares that:
1. It is an important public policy of this State to maintain funds in an amount sufficient to pay unemployment benefits when due;
2. Unemployment benefits payments are made from Nevadas account in the Unemployment Trust Fund of the United States Treasury and are funded by employer contributions;
3. Borrowing from the Federal Government is the only option available to obtain sufficient funds to pay benefits when the balance in Nevadas account in the Unemployment Trust Fund of the United States Treasury is insufficient to make necessary payments;
κ2013 Statutes of Nevada, Page 2645 (CHAPTER 450, SB 515)κ
4. Alternative methods of replenishing Nevadas account in the Unemployment Trust Fund of the United States Treasury and establishing adequate balances therein may reduce the costs of providing unemployment benefits and employers costs of doing business in this State; and
5. It is in the best interest of this State to authorize the issuance of bonds, when appropriate, for the purpose of continuing the unemployment insurance program at the lowest possible cost to this State and to employers in this State and to avoid reductions in the federal unemployment tax credit.
Sec. 12. 1. At the request of the Administrator, the State Board of Finance may issue bonds under the authority of this section and NRS 349.071, in the manner provided in the State Securities Law, to fund the repayment of federal advances and interest thereon, to make deposits to or to establish adequate balances in this States account in the Unemployment Trust Fund of the United States Treasury, to pay the costs of issuing bonds, to pay bond administrative expenses, to fund capitalized interest, to fund bond reserves, to refund or redeem prior bonds, or otherwise to further the purposes of sections 2 to 17, inclusive, of this act.
2. Bonds issued pursuant to sections 2 to 17, inclusive, of this act are special obligations and are not a public debt of this State within the meaning of Section 3 of Article 9 of the Nevada Constitution and do not exhaust its debt-incurring power under any such debt limitation, and must not create or constitute any indebtedness, liability or obligation of this State, except from the special funds pledged thereto.
3. Bond obligations and bond administrative expenses are payable solely from revenues or funds pledged or available for their repayment as authorized in sections 2 to 17, inclusive, of this act, including the proceeds of the issuance of bonds.
4. Each bond must contain on its face a statement that:
(a) The bond, and the interest and any premium on the bond, are payable solely from the money, funds and assets pledged to or available for the payment thereof under sections 2 to 17, inclusive, of this act;
(b) Neither this State nor any political subdivision thereof is obligated to pay the principal of the bond, and the interest and any premium on the bond, except from special funds made available under sections 2 to 17, inclusive, of this act; and
(c) The full faith and credit or moral obligation of this State is not pledged to the payment of the principal of the bond, or the interest and any premium on the bond.
5. The provisions of the State Securities Law, set forth in NRS 349.150 to 349.364, inclusive, apply to bonds issued pursuant to the provisions of this section.
6. Subject to the provisions of NRS 349.303, bonds are payable upon the terms and conditions specified by the State Board of Finance in the resolution under which the State Board of Finance issues the bonds or in a related trust indenture.
Sec. 13. 1. The bond obligations and bond administrative expenses are secured, for the benefit of the owners of the bonds and the obligees under any agreement described in subsection 5, by pledge of, security interest in and first lien on all the following:
κ2013 Statutes of Nevada, Page 2646 (CHAPTER 450, SB 515)κ
(a) Special bond contributions;
(b) Money on deposit in the Unemployment Compensation Bond Fund, including all investment income thereon;
(c) Proceeds of the bonds and receipts from related credit agreements; and
(d) Money relating to the bonds held on deposit in any other fund or account under any instrument or agreement pertaining to the bonds, including, without limitation, bond reserves and income on such money.
2. To the extent legally available therefor under federal law, that part of the principal due on bonds which is attributable to payment of benefits or the repayment of the principal of federal advances under Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended, exclusive of any interest or bond administrative expenses associated with the bonds, is also payable from money in the Unemployment Compensation Fund, including the Benefit Account, and money credited to the account of this State in the Unemployment Trust Fund pursuant to section 903 of the Social Security Act, 42 U.S.C. § 1103, as amended.
3. The security provided in subsections 1 and 2 does not apply to money in any fund or account related to arbitrage rebate obligations.
4. The special bond contributions and other money, funds and assets pledged to the payment of bond obligations and bond administrative expenses by subsection 1 constitute pledged revenues, as defined in NRS 349.192, with respect to the bonds.
5. The Department of Employment, Training and Rehabilitation, the Division, the Administrator, the State Treasurer, the State Board of Finance and any other division or department of this State may enter into loan agreements, credit agreements, bond purchase agreements, trust indentures, trust agreements, financing agreements, intergovernmental agreements and other contracts, instruments and agreements in connection with the bonds in order to effectuate the purposes of sections 2 to 17, inclusive, of this act. Such documents may contain such covenants, representations, warranties, terms, conditions and other provisions as the officers entering into such documents deem appropriate, including provisions relating to the transfer to the bond trustee, or other depositary agent, for the bonds of funds pledged or otherwise authorized to be used to pay the bonds, the security for and payment of the bonds and, if applicable, tax exemption of interest on the bonds.
6. Special bond contributions and other money, funds and assets pledged to the payment of bond obligations and bond administrative expenses by subsection 1, as received by or otherwise credited to this State, are immediately subject to the lien of such pledge without any physical delivery thereof, any filing or further act. The lien of such pledge and the obligation to perform the contractual provisions made in the authorizing resolution or other instrument appertaining thereto has priority over any or all other obligations and liabilities of this State, except as may be otherwise provided in chapter 349 of NRS or in such resolution or other instrument, and subject to any prior pledges and liens theretofore created. The lien of such pledge is valid and binding as against all persons having claims of any kind in tort, contract or otherwise against this State, irrespective of whether such persons have notice thereof.
Sec. 14. 1. For each calendar year in which bond obligations and bond administrative expenses will be due, the State Treasurer shall notify the Administrator of the amount of bond obligations, the estimated amount of bond administrative expenses and the other amounts described in subsection 3 of section 15 of this act in sufficient time, as determined by the Administrator, to permit the Administrator to determine the amount of special bond contributions required for that year, for deposit into the Unemployment Compensation Bond Fund.
κ2013 Statutes of Nevada, Page 2647 (CHAPTER 450, SB 515)κ
the Administrator of the amount of bond obligations, the estimated amount of bond administrative expenses and the other amounts described in subsection 2 of section 15 of this act in sufficient time, as determined by the Administrator, to permit the Administrator to determine the amount of special bond contributions required for that year, for deposit into the Unemployment Compensation Bond Fund. The State Treasurers calculation of the amount of bond obligations and bond administrative expenses that will be due is subject to verification by the Administrator.
2. Money in the Unemployment Compensation Bond Fund that is needed to pay bond obligations and bond administrative expenses or to replenish bond reserves must be transferred as directed by the Administrator to ensure the timely payment of bond obligations and bond administrative expenses and timely replenishment of bond reserves under any instrument or agreement related to the bonds.
3. If there is a deficiency in the Unemployment Compensation Bond Fund and to the extent permitted by law, that part of the principal due on bonds which is attributable to payment of benefits or the repayment of the principal of federal advances under Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended, exclusive of any interest or bond administrative expenses associated with the bonds, may be paid from this States account in the Unemployment Trust Fund of the United States Treasury.
Sec. 15. 1. There is hereby established as a special dedicated trust fund, separate and apart from all other public money or funds of this State, a fund in the State Treasury to be known as the Unemployment Compensation Bond Fund. The State Treasurer shall be the treasurer and custodian of the Unemployment Compensation Bond Fund. All special bond contributions and any other amounts provided for in any contract, instrument or other agreement entered into pursuant to subsection 5 of section 13 of this act must be paid into the Unemployment Compensation Bond Fund, provided that all or a portion of the special bond contributions may be paid into this States account in the Unemployment Trust Fund of the United States Treasury as may be provided in any contract, instrument or other agreement entered into pursuant to subsection 5 of section 13 of this act. Expenditures of money in the Unemployment Compensation Bond Fund are not subject to any provision of law requiring specific appropriations or other formal release by state officers of money in their custody.
2. The money in the Unemployment Compensation Bond Fund must be used for any or all of the following purposes:
(a) Payment of bond obligations and bond administrative expenses;
(b) Replenishment of bond reserves;
(c) Funding or replenishment of additional reserves in an amount required under any instrument or agreement related to the bonds to maintain a debt service coverage ratio at least at the level required by the trust indenture and instruments in connection with the bonds or in an amount that may be necessary to maintain any ratings on the bonds at a level determined by the State Treasurer, in his or her sole discretion; and
(d) Optional redemption, mandatory redemption, purchase, refunding or defeasance of outstanding bonds.
κ2013 Statutes of Nevada, Page 2648 (CHAPTER 450, SB 515)κ
Κ Subject to the provisions of the trust indenture and instruments in connection with the bonds, money in the Unemployment Compensation Bond Fund may also be used for transfer to the Benefit Account for payment of benefits under this chapter.
3. Pending application for the purposes authorized, money held or deposited by the State Treasurer in the Unemployment Compensation Bond Fund may be invested or reinvested as are other funds in the custody of the State Treasurer in the manner provided by law. All earnings received from the investment or deposit of money in the Unemployment Compensation Bond Fund must be retained therein.
Sec. 16. 1. Notwithstanding any other provision of this chapter, all employers required to pay contributions under NRS 612.535 are required to pay the special bond contributions provided in this section. The provisions of this section do not apply to any nonprofit organization, political subdivision or Indian tribe which makes reimbursements in lieu of contributions pursuant to NRS 612.553. The Administrator shall establish an assessment payable by each employer to the Administrator for the special bond contributions at such rate or rates as the Administrator may prescribe.
2. All special bond contributions collected under this section must remain separate from any other contributions paid pursuant to this chapter.
3. The amount of the special bond contributions must be calculated and assessed annually, or more frequently as provided in subsection 4, by the Administrator as the amount necessary for the following purposes:
(a) To pay the bond obligations and bond administrative expenses that are due in that year or any other year;
(b) To replenish amounts that have been drawn from bond reserves under any instrument or agreement related to the bonds;
(c) To fund or replenish additional reserves in an amount required under any instrument or agreement related to the bonds to maintain a debt service coverage ratio at least at the level required by the trust indenture and instruments in connection with the bonds, or in an amount that may be necessary to maintain any ratings on the bonds at a level determined by the State Treasurer, in his or her sole discretion; and
(d) To fund optional redemption, mandatory redemption, purchase, refunding or defeasance of outstanding bonds that will occur in that year.
4. Whenever the Administrator determines that the cash balance and current estimated receipts of the Unemployment Compensation Bond Fund will be insufficient at any time to meet the covenants and conditions of the trust indenture and other instruments in connection with the bonds, the Administrator shall assess supplemental special bond contributions in an amount sufficient to increase the balance of the Unemployment Compensation Bond Fund to the amount required to meet such covenants and conditions.
5. Special bond contributions are due and payable by each employer in accordance with such regulations as the Administrator may prescribe.
6. Except as otherwise provided in sections 2 to 17, inclusive, of this act, all provisions of this chapter applicable to the collection or refund of any contributions due under this chapter, including, without limitation, the enforcement and remedial provisions of NRS 612.625, 612.630, 612.635 and 612.660 to 612.695, inclusive, are applicable to the collection or refund of amounts due pursuant to this section and amounts directed pursuant to this section for deposit into the Unemployment Compensation Bond Fund.
κ2013 Statutes of Nevada, Page 2649 (CHAPTER 450, SB 515)κ
of amounts due pursuant to this section and amounts directed pursuant to this section for deposit into the Unemployment Compensation Bond Fund. In accordance with NRS 612.680, special bond contributions, including penalties and interest thereon, due and unpaid from any employer constitute a lien upon all of the assets of the employer. The lien is to be prior to and paid in preference to all other liens or claims except prior recorded liens and prior taxes.
7. The provisions of this section are operative only when any bonds remain outstanding. During any period that no bonds are outstanding, the Administrator shall cease charging additional special bond contributions and shall notify all employers paying special bond contributions that contributions are no longer being assessed. The Administrator may continue to collect any special bond contributions previously assessed and not paid. Any money remaining in the Unemployment Compensation Bond Fund when no bonds remain outstanding must be deposited into this States account in the Unemployment Trust Fund of the United States Treasury.
Sec. 17. Notwithstanding the provisions of NRS 612.755, the faith of the State is hereby pledged that NRS 612.595, 612.600 and 612.617 and sections 2 to 17, inclusive, of this act, any law supplemental or otherwise appertaining thereto, and any other act concerning the bonds, the Unemployment Compensation Bond Fund, the special bond contributions or other pledged money, funds or assets, must not be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds until all such bonds have been discharged in full or provision for their payment and redemption has been fully made.
Sec. 18. As used in this section and NRS 612.585 to 612.600, inclusive, benefits has the meaning ascribed to it in section 3 of this act.
Sec. 19. NRS 612.165 is hereby amended to read as follows:
612.165 Fund means the Unemployment Compensation Fund established by this chapter, to which all contributions, other than special bond contributions, as defined in section 9 of this act, or payments in lieu of contributions, are required to be deposited and from which all benefits provided under this chapter shall be paid [.] and from which the principal due on a bond which is attributable to the payment of benefits under Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended, or which is attributable to the repayment of the principal of a federal advance, in each case, exclusive of interest on the bond or bond administrative expenses, as defined in section 5 of this act, may be paid.
Sec. 20. NRS 612.585 is hereby amended to read as follows:
612.585 1. There is hereby established as a special fund, separate and apart from all public money or funds of this State, an Unemployment Compensation Fund, which must be administered by the Administrator exclusively for the purposes of this chapter.
2. The Fund consists of:
(a) All contributions, other than special bond contributions as defined in section 9 of this act, or reimbursements in lieu of contributions collected under this chapter.
(b) Interest earned upon the money in the Fund.
(c) Any property or securities acquired through the use of money belonging to the Fund.
(d) All earnings of such property or securities.
κ2013 Statutes of Nevada, Page 2650 (CHAPTER 450, SB 515)κ
(e) All money credited to the account of the State of Nevada in the Unemployment Trust Fund pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103).
(f) All other money received for the Fund from any other source.
3. All money in the Fund must be mingled and undivided.
4. All fines and penalties collected pursuant to the criminal provisions of this chapter must be paid to the State Permanent School Fund.
Sec. 21. NRS 612.590 is hereby amended to read as follows:
612.590 1. The State Treasurer shall:
(a) Be the treasurer and custodian of the Fund.
(b) Administer the Fund in accordance with the directions of the Administrator.
(c) Issue warrants upon it in accordance with such regulations as the Administrator prescribes.
2. The State Treasurer shall maintain within the Fund three separate accounts:
(a) A Clearing Account.
(b) An Unemployment Trust Fund Account.
(c) A Benefit Account.
3. All money payable to the Fund, upon receipt thereof by the Administrator, must be forwarded to the State Treasurer, who shall immediately deposit it in the Clearing Account.
4. Refunds payable pursuant to NRS 612.655 may be paid from the Clearing Account or from the Benefit Account upon warrants issued by the State Treasurer under the direction of the Administrator.
5. After clearance thereof, all other money in the Clearing Account must be immediately deposited with the Secretary of the Treasury to the credit of the account of this State in the Unemployment Trust Fund established and maintained pursuant to Section 904 of the Social Security Act, as amended, 42 U.S.C. § 1104, any provisions of law in this State relating to the deposit, administration, release or disbursement of money in the possession or custody of this State to the contrary notwithstanding.
6. The Benefit Account consists of all money requisitioned from this States account in the Unemployment Trust Fund [.] and any money transferred to the Benefit Account pursuant to section 14 of this act.
7. Except as herein otherwise provided, money in the Clearing and Benefit Accounts may be deposited by the State Treasurer, under the direction of the Administrator, in any bank, credit union or public depositary in which general money of the State may be deposited, but no public deposit insurance charge or premium may be paid out of the Fund.
8. Money in the Clearing and Benefit Accounts must not be commingled with other state money, but must be maintained in a separate account on the books of the depositary. Money in the Clearing and Benefit Accounts must be secured by the bank, credit union or public depositary to the same extent and in the same manner as required by the general depositary laws of the State of Nevada, and collateral pledged must be maintained in a separate custody account.
Sec. 22. NRS 612.617 is hereby amended to read as follows:
612.617 1. Money credited to the account of this State in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may be requisitioned and used for the payment of expenses incurred for the administration of this chapter, pursuant to a specific appropriation by the Legislature, if the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:
κ2013 Statutes of Nevada, Page 2651 (CHAPTER 450, SB 515)κ
of expenses incurred for the administration of this chapter, pursuant to a specific appropriation by the Legislature, if the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:
(a) Specifies the purposes for which the money is appropriated and the amounts appropriated therefor;
(b) Limits the period within which the money may be expended to a period ending not more than 2 years after the date of the enactment of the appropriation law; and
(c) Limits the amount which may be used during a 12-month period beginning on July 1 and ending on June 30 of the following year to an amount which does not exceed the amount by which the aggregate of the amounts credited to the account of this State pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), during the same 12-month period and the 24 preceding 12-month periods, exceeds the aggregate of the amounts used pursuant to this section and charged against the amounts credited to the account of this State during any of such 25 12-month periods.
2. For the purposes of subsection 1, amounts used during any such 12-month period must be charged against equivalent amounts which were first credited and which are not already so charged, except that no amount used during any such 12-month period for the administration of this chapter may be charged against any amount credited during such a 12-month period earlier than the 24th preceding period.
3. Money credited to the account of this State pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may not be withdrawn or used except for:
(a) The payment of benefits [;] , as defined in section 3 of this act; and
(b) The payment of expenses for the administration of this chapter pursuant to this section.
4. Money appropriated for the payment of expenses of administration pursuant to this section may be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, must be deposited in the Unemployment Compensation Administration Fund from which such payments must be made. The Administrator shall maintain a separate record of the deposit, obligation, expenditure and return of funds so deposited. Money so deposited must, until expended, remain a part of the Unemployment Compensation Fund and, if it will not be expended, must be returned promptly to the account of this State in the Unemployment Trust Fund.
Sec. 23. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 2652κ
Senate Bill No. 516Committee on Finance
CHAPTER 451
[Approved: June 10, 2013]
AN ACT relating to tobacco; revising provisions relating to the Master Settlement Agreement; revising provisions relating to manufacturers of tobacco products, importers, wholesale dealers and retail dealers of cigarettes; providing for the assignment to the State and the release to an Indian tribe of certain money placed into a qualified escrow fund by a manufacturer of tobacco products; and providing other matters properly relating thereto.
Legislative Counsels Digest:
On November 23, 1998, leading United States tobacco product manufacturers and the State of Nevada entered into a settlement agreement, entitled the Master Settlement Agreement, which obligates the manufacturers, in return for a release of past, present and certain future claims against them, to: (1) pay substantial sums to the State; (2) fund a national foundation devoted to the interests of public health; and (3) make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking. In 1999, the Nevada Legislature enacted provisions requiring all manufacturers of tobacco products sold in this State to participate in the Master Settlement Agreement or to place certain money in escrow. (Chapter 370A of NRS) In 2005, the Legislature made a finding that violations of chapter 370A of NRS threatened the integrity of the Master Settlement Agreement and the fiscal soundness of the State and public health, and enacted procedural safeguards to aid in the enforcement of the provisions of chapter 370A of NRS. (NRS 370.600-370.705) This bill generally revises existing, and provides additional, procedures and licensing requirements to aid in the statutory enforcement of the Master Settlement Agreement.
Section 4 of this bill requires each wholesale dealer to maintain certain contact information with the Department of Taxation. Section 5 of this bill requires the Department to adopt certain regulations relating to the suspension or revocation of certain licenses. Section 6 of this bill provides for the notification of wholesale dealers and retail dealers of cigarettes when a manufacturer or brand family of cigarettes is removed from the directory that lists all manufacturers that have provided current and accurate certifications and all brand families listed in those certifications. Section 7 of this bill provides that an importer is jointly and severally liable for certain escrow deposits. Section 8 of this bill authorizes the State to enter into an agreement with an Indian tribe to enforce, administer or implement certain provisions of statute.
Sections 9-18 and 21-26 of this bill generally revise certain existing provisions relating to the regulation of tobacco sales in this State for the purpose of aiding in the enforcement of the Master Settlement Agreement.
Sections 30 and 31 of this bill provide for the assignment or release of certain money placed into escrow from the sale of certain cigarettes.
κ2013 Statutes of Nevada, Page 2653 (CHAPTER 451, SB 516)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. Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Importer means any person in a state or territory of the United States to whom cigarettes that are manufactured outside the United States are shipped, delivered or consigned for resale.
Sec. 3. Qualified tribal land means any real property:
1. For which legal title is vested in, or held in trust for the benefit of, an Indian tribe or an individual Native American, and which is subject to restrictions against alienation pursuant to federal law; and
2. Over which an Indian tribe exercises governmental power.
Sec. 4. Each wholesale dealer shall:
1. For the purpose of receiving any notification from the Department pursuant to this chapter, maintain with the Department:
(a) A permanent mailing address; and
(b) An electronic mail address.
2. Provide written notice to the Department of any change in the information specified in subsection 1 not later than 10 days after the change.
Sec. 5. The Department shall adopt regulations establishing a procedure for the suspension and revocation of any license issued pursuant to NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act. In adopting the regulations required by this section, the Department shall consider the effect of any suspension or revocation of a license on the inventory of cigarettes that are in the stream of distribution at the time of suspension or revocation.
Sec. 6. 1. The Department shall notify each wholesale dealer when a manufacturer or brand family is added to or removed from the directory pursuant to NRS 370.675 by sending a notice to the mailing address or electronic mail address of the wholesale dealer provided to the Department pursuant to section 4 of this act.
2. A wholesale dealer shall, not later than 7 days after receiving a notice pursuant to subsection 1, provide:
(a) A copy of the notice to each retail dealer that is a customer of the wholesale dealer; and
(b) The Department with a list of each retail dealer to which a copy of the notice is provided pursuant to paragraph (a).
3. A retail dealer may, not later than 60 days after receiving a copy of a notice pursuant to subsection 2 that a manufacturer or brand family has been removed from the directory pursuant to NRS 370.675, sell any cigarettes in its possession from the manufacturer or of the brand family. The retail dealer shall, at the expiration of the 60-day period, turn over possession of any unsold cigarettes to the Department for disposal in the manner provided in subsection 4 of NRS 370.270.
4. A wholesale dealer shall not purchase cigarettes for resale from a manufacturer, or of a brand family, which has been removed from the directory by the Department, or for which the wholesale dealer receives a notice of removal from the Department, until the manufacturer or brand family is reentered in the directory by the Department.
κ2013 Statutes of Nevada, Page 2654 (CHAPTER 451, SB 516)κ
notice of removal from the Department, until the manufacturer or brand family is reentered in the directory by the Department.
Sec. 7. 1. An importer is jointly and severally liable for the escrow deposit due pursuant to NRS 370A.140 for each cigarette which is intended for sale in this State which the importer causes to be sent to a person who holds a license as a wholesale dealer or license as a retail dealer issued by the Department.
2. A nonparticipating manufacturer located outside the United States that conducts business in this State shall provide to the Attorney General on a form prescribed by the Attorney General a declaration from each importer that imports the cigarettes of the nonparticipating manufacturer which are intended for sale in this State stating that the importer accepts liability pursuant to subsection 1 and consents to the jurisdiction of the courts of this State for the purposes of enforcing this section.
3. As used in this section, importer has the meaning ascribed to it in section 2 of this act.
Sec. 8. The State may enter into an agreement with an Indian tribe to enforce, administer or otherwise implement any provision of this chapter or chapter 370A of NRS.
Sec. 9. NRS 370.001 is hereby amended to read as follows:
370.001 As used in NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 370.005 to 370.055, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 10. NRS 370.025 is hereby amended to read as follows:
370.025 Contraband tobacco products means any:
1. Counterfeit cigarettes;
2. Other counterfeit tobacco product; [or]
3. Cigarettes or roll-your-own tobacco offered for sale in this State by a manufacturer, or cigarettes or roll-your-own tobacco of a brand family, that is not listed in the directory created pursuant to NRS 370.675;
4. Cigarettes bearing a tribal stamp issued by the Department which are sold or offered for sale at a retail location that is not located on qualified tribal land; or
5. Cigarettes or other tobacco product:
(a) Exported from or imported into this State, or mailed, shipped, delivered, sold, exchanged, transported, distributed or held for distribution within the borders of this State by any person in violation of any of the provisions of this chapter; [or]
(b) In any way held in the possession or constructive possession of any person not authorized under this chapter to possess or constructively possess the cigarettes or other tobacco product [.] ; or
(c) Being offered for sale in any form other than in an unopened package in violation of subsection 1 of NRS 202.2493.
Sec. 11. NRS 370.070 is hereby amended to read as follows:
370.070 The provisions of NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act do not apply to:
1. Common carriers while engaged in interstate commerce which sell or furnish cigarettes on their trains, buses or airplanes;
2. A person entering this state with a quantity of cigarettes for household or personal use which is exempt from federal import duty; and
κ2013 Statutes of Nevada, Page 2655 (CHAPTER 451, SB 516)κ
3. A duty-free sales enterprise as defined in 19 U.S.C. § 1555(b)(8)(D) that:
(a) Operates pursuant to the provisions of 19 U.S.C. § 1555(b); and
(b) To the extent it sells cigarettes, only sells cigarettes that are duty-free merchandise as defined in 19 U.S.C. § 1555(b)(8)(E).
Sec. 12. NRS 370.155 is hereby amended to read as follows:
370.155 1. Except as otherwise provided in this section, each licensed wholesale cigarette dealer shall furnish a bond executed by the wholesale cigarette dealer as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon the payment of all excise taxes required to be precollected by the wholesale cigarette dealer under the provisions of this chapter. Each bond must be in a principal sum equal to the largest amount of tax precollected by the wholesale cigarette dealer in any quarter of the preceding year, or if the information to establish that amount is not available, then in a sum required from a licensee operating under conditions deemed comparable by the Department. No bond may be for less than $1,000. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount must be rounded up to the next larger integral multiple of $100.
2. Except as otherwise provided in this section, each licensed wholesale cigarette dealer who wishes to defer payment on the purchase of revenue stamps or metered machine impressions shall furnish a bond executed by the wholesale cigarette dealer as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon the payment of all deferred payments for revenue stamps and metered machine impressions. Each bond must be in a principal sum equal to the maximum amount of revenue stamps or metered machine impressions which the wholesale dealer may have unpaid at any time. No bond may be for less than $1,000. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount must be rounded up to the next larger integral multiple of $100.
3. In lieu of a bond , a licensed wholesale cigarette dealer may deposit with the Department, under such terms as the Department may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Department. The Department shall deposit all cash and bonds of the United States or of the State of Nevada received pursuant to this subsection with the State Treasurer as custodian.
4. Upon application and a satisfactory showing, the Department may increase or decrease the amount of a bond required by subsection 1 or 2, based on the amount of excise tax precollected or payments deferred, respectively, by the wholesale cigarette dealer.
5. The Department may waive the requirement of the bond required by subsection 1 or 2, whenever a licensed wholesale cigarette dealer has maintained a satisfactory record of payment of excise taxes or deferred payments, respectively, for a period of 5 consecutive years.
6. A wholesale dealer is not entitled to a refund of any portion of money paid as a bond pursuant to this section if the wholesale dealer has failed to file a report required by this chapter or owes the Department any payment or penalty pursuant to this chapter.
κ2013 Statutes of Nevada, Page 2656 (CHAPTER 451, SB 516)κ
Sec. 13. NRS 370.170 is hereby amended to read as follows:
370.170 1. Except as otherwise provided in this chapter, it is unlawful for any person to give, sell or offer to give or sell any cigarettes in this state unless there is affixed to each of the cigarette packages [, packets or containers an adhesive] a Nevada cigarette revenue stamp [or a similar stamp] which is issued by the Department and affixed by a metered stamping machine approved by and registered with the Department or any other method approved by the Department, and which is for the amount of the tax on all of the cigarettes contained in the cigarette package . [or other container.]
2. Each cigarette package sold on qualified tribal land or by an Indian tribe or a member of a tribe for which the Department does not collect a state excise tax pursuant to NRS 370.515 must bear a tribal stamp issued by the Department.
Sec. 14. NRS 370.190 is hereby amended to read as follows:
370.190 1. The Department may sell Nevada cigarette revenue stamps to a licensed dealer. As payment for the stamps, the Department shall deduct from the excise tax collected from the dealer the actual cost incurred by the Department for the stamps and for making the sale.
2. Payment for the revenue stamps or metered machine impressions must be made at the time of purchase unless the wholesale dealer has been authorized to defer payments by the Department. A wholesale dealer may apply to the Department for authorization to defer payments for revenue stamps or metered machine impressions at any time.
3. The Department may provide by regulation for [payment] :
(a) Payment of the tax by manufacturers without the use of stamps on gifts or samples sent into Nevada when plainly marked Tax Paid.
(b) Any requirements for the purchase of stamps.
Sec. 15. NRS 370.235 is hereby amended to read as follows:
370.235 1. The Department may adopt regulations establishing:
(a) Reporting requirements for manufacturers and wholesale dealers; and
(b) Procedures for the electronic submission of reports required pursuant to any reporting requirements established under paragraph (a).
2. Any regulations adopted pursuant to subsection 1 relating to reporting requirements for manufacturers [must] may provide for submission to the Department periodic reports of:
(a) The quantity of cigarette packages that were distributed or shipped to another manufacturer or to a wholesale dealer within the borders of this State during the reporting period, and the name and address of each person to whom those products were distributed or shipped;
(b) The quantity of cigarette packages that were distributed or shipped to another facility of the same manufacturer within the borders of this State during the reporting period; and
(c) The quantity of cigarette packages that were distributed or shipped within the borders of this State to Indian tribes or instrumentalities of the Federal Government during the reporting period, and the name and address of each person to whom those products were distributed or shipped.
3. Any regulations adopted pursuant to subsection 1 relating to reporting requirements for wholesale dealers [must] may provide for submission to the Department periodic reports of:
κ2013 Statutes of Nevada, Page 2657 (CHAPTER 451, SB 516)κ
(a) The inventory of stamped and unstamped cigarette packages held by the wholesale dealer for sale or distribution within the borders of this State on hand at the beginning of the reporting period;
(b) The inventory of cigarette packages held by the wholesale dealer for sale or distribution outside of the borders of this State on hand at the beginning of the reporting period;
(c) The quantity of stamped cigarette packages held for sale or distribution within the borders of this State that were received by the wholesale dealer from another person during the reporting period, and the name and address of each person from whom those products were received;
(d) The quantity of cigarette packages held for sale or distribution outside of the borders of this State that were received by the wholesale dealer from another person during the reporting period, and the name and address of each person from whom those products were received;
(e) The quantity of cigarette packages to which Nevada stamps were affixed that were distributed or shipped to another wholesale dealer or to a retail dealer within the borders of this State during the reporting period, and the name and address of each person to whom those products were distributed or shipped;
(f) The quantity of cigarette packages to which Nevada stamps were affixed that were distributed or shipped to another facility of the same wholesale dealer within the borders of this State during the reporting period;
(g) The quantity of stamped cigarette packages that were distributed or shipped within the borders of this State to Indian tribes or instrumentalities of the Federal Government during the reporting period, and the name and address of each person to whom those products were distributed or shipped;
(h) The quantity of cigarette packages held for distribution outside of the borders of this State that were distributed or shipped outside of the borders of this State during the reporting period;
(i) The inventory of stamped and unstamped cigarette packages held for sale or distribution within the borders of this State on hand at the end of the reporting period;
(j) The inventory of cigarette packages held for sale or distribution outside of the borders of this State on hand at the end of the reporting period;
(k) The number of each type of stamp on hand at the beginning of the reporting period;
(l) The number of each type of stamp purchased or received during the reporting period;
(m) The number of each type of stamp applied during the reporting period; and
(n) The number of each type of stamp on hand at the end of the reporting period.
4. Any reports required by regulations adopted pursuant to subsection 1 must be:
(a) Submitted on forms provided by or in a format required by the Department; and
(b) Provided separately for each of the facilities operated by the manufacturer or wholesale dealer.
5. In each report required by regulations adopted pursuant to subsection 1, the information required must be itemized so as to disclose clearly:
(a) The quantities of stamped and unstamped cigarettes to which the report applies; and
κ2013 Statutes of Nevada, Page 2658 (CHAPTER 451, SB 516)κ
(b) The brand and style of cigarettes to which the report applies.
6. The reporting period for any reports required by regulations adopted pursuant to subsection 1 must be for a duration of not less than 1 month and not more than 3 months.
Sec. 16. NRS 370.250 is hereby amended to read as follows:
370.250 1. [If any dealer in cigarettes upon which a precollected or advance tax is required to be paid fails to file any report required pursuant to NRS 370.240 with the Department or its agents on or before the date due, the Department may suspend the license of the dealer until the report is received and found to be correct.] The Department may temporarily suspend or permanently revoke a license as a wholesale dealer in accordance with the regulations adopted pursuant to section 5 of this act if the licensee:
(a) Fails to file or files an incomplete or inaccurate report or certification required by this chapter;
(b) Fails to pay any tax owed upon cigarettes required by this chapter;
(c) Fails to cure any shortfall for which the wholesale dealer is liable pursuant to NRS 370.683;
(d) Sells in this State, purchases or possesses any cigarettes or cigarette packages in violation of any provision of this chapter; or
(e) Imports into or exports from this State any cigarettes or cigarette packages in violation of any provision of this chapter.
2. [The] Except as otherwise provided in subsection 1 or 3, the Department may temporarily suspend or permanently revoke the license of any licensee for violating, or causing or permitting to be violated, any of the provisions of NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act or any regulations adopted for the administration or enforcement of any of those provisions.
3. The Department shall permanently revoke the license of any licensee convicted of any felony pursuant to NRS 370.405.
Sec. 17. NRS 370.257 is hereby amended to read as follows:
370.257 1. Each manufacturer, wholesale dealer and retail dealer shall provide to the Executive Director and his or her designees and to the Secretary or his or her designee, upon request, access to all the reports and records required by NRS 370.001 to 370.430, inclusive [.] , and sections 2 to 5, inclusive, of this act. The Department at its sole discretion may share the records and reports required by those sections with law enforcement officials of the Federal Government, this State, other states, Indian tribes , [or] international authorities [.] or any data clearinghouse or similar entity established for the purposes of enforcing the provisions of NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act or chapter 370A of NRS.
2. Except as otherwise provided in this subsection, the reports submitted by licensees pursuant to NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act are public records. Unless otherwise directed or ordered by a court of competent jurisdiction, any information contained in those reports about quantities of cigarettes by brand must not be released to anyone other than persons permitted access to those reports pursuant to subsection 1.
3. The Department may audit the records of each dealer to determine whether the manufacturer, wholesale dealer or retail dealer has complied with the provisions of NRS 370.001 to 370.430, inclusive [.] , and sections 2 to 5, inclusive, of this act.
κ2013 Statutes of Nevada, Page 2659 (CHAPTER 451, SB 516)κ
Sec. 18. NRS 370.379 is hereby amended to read as follows:
370.379 1. The Department may suspend or revoke the license of a retail or wholesale dealer who violates the provisions of NRS 370.371 to 370.379, inclusive, or any regulation adopted thereunder, after notice to the licensee and a hearing as prescribed by the Department.
2. The Department, upon a finding that the licensee has failed to comply with any provision of NRS 370.371 to 370.379, inclusive, or any regulation adopted by the Executive Director, [shall,] may, in the case of a first offender, suspend the license of the licensee for not less than 5 nor more than 20 consecutive business days. If the Department finds the offender has been guilty of willful and persistent violations, it may suspend for not more than 6 months or revoke the persons license.
3. Except as otherwise provided in NRS 370.698, a person whose license has been revoked may apply to the Department at the end of 1 year for a reinstatement of the license. The Department may reinstate the license if the Department determines that the licensee will comply with the provisions of this chapter and the regulations adopted by the Department.
4. A person whose license has been suspended or revoked shall not sell cigarettes or permit cigarettes to be sold during the period of suspension or revocation on the premises occupied by the person or upon other premises controlled by the person. The expiration, transfer, surrender, continuance, renewal or extension of a license issued pursuant to this chapter does not bar or abate any disciplinary proceedings or action.
Sec. 19. (Deleted by amendment.)
Sec. 20. NRS 370.445 is hereby amended to read as follows:
370.445 1. The Department shall issue a license as a wholesale dealer or a license as a retail dealer to a person who submits a complete application on a form prescribed by the Department and who otherwise complies with the applicable provisions of this chapter and any regulations adopted by the Department. The Department shall not charge any fee for the issuance of a license pursuant to this subsection.
2. Except as otherwise provided in subsection [2,] 3, a person shall not engage in the business of a wholesale dealer or retail dealer in this State unless the person first obtains a license as a wholesale dealer or retail dealer from the Department. A person may be licensed as a wholesale dealer and as a retail dealer.
[2.] 3. A person who wishes to engage in the business of a retail dealer is not required to obtain a license as a retail dealer pursuant to this section if the person is licensed as a retail cigarette dealer pursuant to [this chapter.
3.] NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act.
4. The Department may refuse to issue or renew, or may suspend or revoke, a license issued pursuant to this section for any violation of the provisions of NRS 370.440 to 370.503, inclusive.
5. The Department may adopt regulations prescribing the form and contents of an application for, or which are otherwise necessary for the issuance of, a license pursuant to this section.
6. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
κ2013 Statutes of Nevada, Page 2660 (CHAPTER 451, SB 516)κ
Sec. 21. NRS 370.600 is hereby amended to read as follows:
370.600 The Legislature finds that:
1. Violations of the provisions of chapter 370A of NRS threaten the integrity of the Master Settlement Agreement, the fiscal soundness of the State and public health.
2. The enactment of the procedural enhancements set forth in NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act will aid in the enforcement of the provisions of chapter 370A of NRS and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the State and public health.
Sec. 22. NRS 370.605 is hereby amended to read as follows:
370.605 As used in NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act, unless the context otherwise requires, the words and terms defined in NRS 370.610 to 370.660, inclusive, have the meanings ascribed to them in those sections.
Sec. 23. NRS 370.665 is hereby amended to read as follows:
370.665 1. A manufacturer of tobacco products whose cigarettes are sold in this State, whether or not directly or through a distributor, retailer or similar intermediary or intermediaries shall, not later than April 30 of each year, execute and deliver to the Attorney General and the Department, on a form provided by the Department, a certification which certifies under penalty of perjury that, as of the date of that certification, the manufacturer of tobacco products is : [either:]
(a) A participating manufacturer; or
(b) In full compliance with subsection 2 of NRS 370A.140, including any quarterly installment payments required pursuant to NRS 370.690.
2. Except as otherwise provided in NRS 370.670:
(a) A participating manufacturer shall include in its certification pursuant to this section a list of its brand families. The participating manufacturer shall update that list at least 30 calendar days before it adds to or modifies its brand families by executing and delivering a supplemental certification to the Attorney General and the Department.
(b) A nonparticipating manufacturer shall, in its certification pursuant to this section:
(1) Include:
(I) A list of all of its brand families and the number of units sold for each brand family that were sold in the State during the preceding calendar year; [and]
(II) A list of all of its brand families that have been sold in the State at any time during the current calendar year;
(III) The current mailing address of the nonparticipating manufacturer; and
(IV) A valid electronic mail address of the nonparticipating manufacturer;
(2) Indicate [, by an asterisk,] any brand family sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of the certification; and
(3) Identify, by name and address [, any] :
(I) Any other manufacturer of those brand families in the preceding or current calendar year [.] ; and
(II) Each wholesale dealer that sells or offers for sale in this State any brand family of the nonparticipating manufacturer.
κ2013 Statutes of Nevada, Page 2661 (CHAPTER 451, SB 516)κ
Κ A nonparticipating manufacturer shall update the information required by this paragraph at least 30 calendar days before it adds to or modifies its brand families or sells or distributes cigarettes in this State through a new wholesale dealer by executing and delivering a supplemental certification to the Attorney General and the Department.
3. In addition to the requirements of subsection 2, the certification of a nonparticipating manufacturer pursuant to this section must certify:
(a) That the nonparticipating manufacturer is registered to do business in the State or has appointed an agent for service of process and provided notice thereof as required by NRS 370.680;
(b) That the nonparticipating manufacturer has:
(1) Established and continues to maintain a qualified escrow fund; and
(2) Executed a qualified escrow agreement governing the qualified escrow fund that has been reviewed and approved by the Attorney General;
(c) That the nonparticipating manufacturer is in full compliance with chapter 370A of NRS and any regulations adopted pursuant thereto;
(d) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required pursuant to chapter 370A of NRS and any regulations adopted pursuant thereto;
(e) The account number of that qualified escrow fund and any subaccount number for this State;
(f) The amount the nonparticipating manufacturer placed in that qualified escrow fund for cigarettes sold in the State during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the Department to confirm the information required by this paragraph; [and]
(g) The amount and date of any withdrawal or transfer of money the nonparticipating manufacturer made at any time from that qualified escrow fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to chapter 370A of NRS and any regulations adopted pursuant thereto [.] ; and
(h) That the nonparticipating manufacturer has submitted to the Attorney General a request or consent to the United States Department of the Treasury pursuant to 26 U.S.C. § 6103(c) authorizing the Alcohol and Tobacco Tax and Trade Bureau of the Department, or in the case of a foreign manufacturer, United States Customs and Border Protection of the United States Department of Homeland Security, to disclose to the Attorney General the federal excise tax returns of the manufacturer and each monthly operational report of the manufacturer reported on Alcohol and Tobacco Tax and Trade Bureau Form 5210.5, and all adjustments, changes and other amendments thereto.
Sec. 24. NRS 370.680 is hereby amended to read as follows:
370.680 1. Any nonresident or foreign nonparticipating manufacturer or wholesale dealer that has not registered to do business in the State as a foreign corporation or other business entity must, as a condition precedent :
(a) For a nonparticipating manufacturer, to having its brand families included or retained in the directory [,] ; or
(b) For a wholesale dealer, to selling cigarettes in this State,
Κ appoint and continually engage without interruption the services of an agent in this State to act as its agent for the service of process on whom all process, in any action or proceeding against it concerning or arising out of the enforcement of this chapter [,] or chapter 370A of NRS, may be served in any manner authorized by law.
κ2013 Statutes of Nevada, Page 2662 (CHAPTER 451, SB 516)κ
process, in any action or proceeding against it concerning or arising out of the enforcement of this chapter [,] or chapter 370A of NRS, may be served in any manner authorized by law. [Such service]
2. Service upon an agent pursuant to this section constitutes legal and valid service of process on the nonparticipating manufacturer [.] or wholesale dealer. The nonparticipating manufacturer or wholesale dealer shall provide the name, address, phone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the Attorney General and the Department.
[2.] 3. A nonparticipating manufacturer or wholesale dealer shall provide notice to the Attorney General and the Department at least 30 calendar days before the termination of the authority of an agent appointed pursuant to this section and shall provide proof to the satisfaction of the Attorney General and the Department of the appointment of a new agent not less than 5 calendar days before the termination of appointment of an existing agent. If an agent terminates his or her appointment as an agent, the nonparticipating manufacturer or wholesale dealer shall notify the Attorney General and the Department of that termination within 5 calendar days and include with that notification proof to the satisfaction of the Attorney General and the Department of the appointment of a new agent.
[3.] 4. Any nonparticipating manufacturer [whose] or wholesale dealer which sells or purchases cigarettes [are sold] in this State and [who] which has not appointed and engaged an agent as required by this section shall be deemed to have appointed the Secretary of State as an agent and may be proceeded against in courts of this State by service of process upon the Secretary of State, except that the appointment of the Secretary of State as an agent does not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer included or retained in the directory.
Sec. 25. NRS 370.685 is hereby amended to read as follows:
370.685 1. Not later than 20 calendar days after the end of each calendar quarter, and more frequently if so directed by the Department, each distributor shall submit such information as the Department requires to facilitate compliance with the provisions of NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act, including, without limitation, a list by brand family of the total number of cigarettes or, in the case of roll-your-own tobacco, the equivalent unit count, for which the distributor affixed stamps during the previous calendar quarter or otherwise paid the tax due for those cigarettes. The distributor shall maintain for at least 5 years, and make available to the Department, all invoices and documentation of sales of all cigarettes of nonparticipating manufacturers and any other information relied upon in reporting to the Department.
2. The Department may disclose to the Attorney General any information received pursuant to NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of NRS 370.600 to 370.705, inclusive [.] , and sections 6, 7 and 8 of this act. The Department and Attorney General shall share with each other the information received pursuant to the provisions of NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act and may share such information with other federal, state or local agencies only for purposes of enforcement of those provisions, the provisions of chapter 370A of NRS or the corresponding laws of other states.
κ2013 Statutes of Nevada, Page 2663 (CHAPTER 451, SB 516)κ
3. The Department may require at any time from a nonparticipating manufacturer proof, from the financial institution in which that manufacturer has established a qualified escrow fund for the purpose of compliance with chapter 370A of NRS, of the amount of money in that fund, exclusive of interest, the amount and date of each deposit to that fund, and the amount and date of each withdrawal from that fund.
4. In addition to the information otherwise required to be submitted pursuant to NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act, the Department may , at any time, require a distributor or manufacturer of tobacco products to submit any additional information [, including, without limitation, samples of the packaging or labeling of each brand family,] or documentation as is necessary to enable the Department to determine whether a manufacturer of tobacco products is or will continue to be in compliance with the provisions of [NRS 370.600 to 370.705, inclusive.
5. Every distributor shall provide to the Department and update as necessary an electronic mail address for receiving any notifications required to carry out NRS 370.600 to 370.705, inclusive.] this chapter and chapter 370A of NRS.
Sec. 26. NRS 370.698 is hereby amended to read as follows:
370.698 1. The license of a wholesale dealer may be suspended or revoked if a similar license of the wholesale dealer is suspended or revoked in any other state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the suspension or revocation of the license of the wholesale dealer pursuant to NRS 370.379, unless the wholesale dealer demonstrates that the suspension or revocation of its license in the other state was effected without due process. A wholesale dealer whose license is suspended or revoked in this State pursuant to this subsection is eligible for reinstatement upon the earlier of the date on which the violation in the other state is cured or the date on which the license of the wholesale dealer is reinstated in the other state.
2. A nonparticipating manufacturer and its brand families may be denied listing in the directory or removed from the directory for any of the following reasons:
(a) The nonparticipating manufacturer is removed from the directory of another state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the removal of the nonparticipating manufacturer from the directory of this State pursuant to NRS 370.675, unless the nonparticipating manufacturer demonstrates that its removal from the directory of the other state was effected without due process. A nonparticipating manufacturer that is removed from the directory of this State pursuant to this paragraph is eligible for reinstatement to the directory upon the earlier of the date on which the violation in the other state is cured or the date on which the nonparticipating manufacturer is reinstated to the directory of the other state.
(b) The nonparticipating manufacturer is convicted of any crime relating to the manufacture, sale or distribution of tobacco products in this State or another state.
(c) The nonparticipating manufacturer fails to report the existence or result, including any conviction, of any investigation of the nonparticipating manufacturer which is known to the nonparticipating manufacturer regarding the commission of any crime relating to the manufacture, sale or distribution of tobacco products in this State or another state.
κ2013 Statutes of Nevada, Page 2664 (CHAPTER 451, SB 516)κ
(d) The nonparticipating manufacturer fails to report any investigation of the nonparticipating manufacturer which is known to the nonparticipating manufacturer regarding any violation of the laws of any other state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the removal of the nonparticipating manufacturer from the directory of this State pursuant to NRS 370.675.
(e) The nonparticipating manufacturer knowingly makes a false, material statement in any report, filing or other communication provided to this State pursuant to this chapter or chapter 370A of NRS.
(f) The nonparticipating manufacturer has a shortfall or fails to make an escrow deposit that is due in another state or territory of the United States, has been given reasonable notice of the shortfall or failure and has failed to cure the shortfall or make the deposit within 30 days after receiving notice of the shortfall or failure.
3. The provisions of NRS 233B.121 to 233B.150, inclusive, apply to:
(a) The suspension or revocation of the license of a wholesale dealer pursuant to subsection 1; and
(b) The removal of a nonparticipating manufacturer and its brand families from the directory pursuant to subsection 2.
Sec. 27. Chapter 370A of NRS is hereby amended by adding thereto the provisions set forth as sections 28 to 31, inclusive, of this act.
Sec. 28. Qualified tribal land has the meaning ascribed to it in section 3 of this act.
Sec. 29. Any provision of this chapter or chapter 370 of NRS, or any amendment thereto, that causes any provision of this chapter or chapter 370 of NRS to fail to operate as a qualifying statute pursuant to the Master Settlement Agreement is void.
Sec. 30. 1. Notwithstanding the provisions of NRS 370A.150, a manufacturer that elects to deposit money into a qualified escrow fund pursuant to NRS 370A.140 may assign to the State the interest of the manufacturer in any money in the qualified escrow fund.
2. An assignment executed pursuant to subsection 1 is irrevocable and applies to any money and any interest or other appreciation earned on any money for which the manufacturer executes the assignment.
3. The parties to a qualified escrow agreement may amend the agreement for the purposes of executing an assignment pursuant to subsection 1.
4. An assignment executed pursuant to subsection 1 must be in writing and be signed by the assignee and the assignor or by an authorized agent or representative of the assignor. An assignment in writing which is duly executed becomes enforceable after a copy of the assignment is delivered to the Attorney General and the financial institution where the qualified escrow fund is maintained.
5. Nothing in this section operates to relieve a manufacturer from any obligation or duty imposed pursuant to this chapter or chapter 370 of NRS.
Sec. 31. 1. The State may release to an Indian tribe, pursuant to a compact with that tribe, not more than 50 percent of the amounts deposited into a qualified escrow fund pursuant to NRS 370A.140 for cigarettes sold on or after January 1, 2015, in a retail transaction to a consumer on the qualified tribal land of the tribe, if:
κ2013 Statutes of Nevada, Page 2665 (CHAPTER 451, SB 516)κ
(a) The tribe is a federally recognized tribe or a tribe that was recognized by the State on or before January 1, 2012, and, in each case, has a reservation or colony in the State;
(b) The money to be released was timely deposited into escrow in compliance with NRS 370A.140;
(c) State excise tax or tribal excise tax was paid on the cigarettes;
(d) The release occurs not earlier than 1 year after the money is deposited into escrow;
(e) The money released is provided to the tribe itself and used only for the purpose of public safety on the qualified tribal land of the tribe or for social services for tribal members, including, without limitation, health care or education, and not used for any function that could directly or indirectly promote or reduce the costs of cigarette production, marketing or sales;
(f) The money released is not used in any way for the benefit of any manufacturer of tobacco products that is not a participating manufacturer under the Master Settlement Agreement or to facilitate cigarette sales by any such manufacturer of tobacco products; and
(g) The compact with the tribe provides that the taxing and stamping requirements and policies for cigarettes sold on the qualified tribal land of the tribe, including the applicability, amount, collection and refund of taxes, will not be different for any cigarettes of participating manufacturers than for any cigarettes of manufacturers of tobacco products that are not participating manufacturers, and the tribe is in compliance with these provisions of the compact.
2. The total amount released to all Indian tribes from escrow pursuant to this section in any 1 year must not exceed $1 million in the aggregate.
3. This section applies only to:
(a) The cigarettes of a manufacturer of tobacco products that existed in the United States market on or before June 1, 2012; and
(b) A manufacturer of tobacco products involved in the production, distribution or sale of the cigarettes for which money would be released that is not a manufacturer, or an affiliate or successor of such manufacturer, affiliated with the Indian tribe or any member of the tribe to which the money would be released.
4. For the purposes of this section, an Indian tribe with qualified tribal land located in more than one state or territory of the United States is considered to have a reservation or colony in, and to be eligible for the release of money pursuant to this section from, this State only if the largest portion of the qualified tribal land of the tribe is located within this State.
5. The Attorney General may withdraw from a qualified escrow fund the money released pursuant to this section. The manufacturers of tobacco products that elect to deposit money into a qualified escrow fund pursuant to NRS 370A.140 and the financial institutions in which such qualified escrow funds are maintained shall make such amendments to their qualified escrow agreements as may be necessary to effectuate a withdrawal of money from the qualified escrow funds pursuant to this section.
6. Notwithstanding the provisions of NRS 370A.150, a manufacturer of tobacco products does not have any right to reversion of the money, including, without limitation, the interest or other appreciation earned on the money, released from escrow pursuant to this section.
κ2013 Statutes of Nevada, Page 2666 (CHAPTER 451, SB 516)κ
including, without limitation, the interest or other appreciation earned on the money, released from escrow pursuant to this section.
7. If a court of competent jurisdiction invalidates the provisions of subsection 5, the money authorized to be released to Indian tribes pursuant to this section may be paid to the appropriate tribes out of the State General Fund, subject to all conditions and limits provided in this section.
8. The Attorney General is authorized to enter into compacts on behalf of the State as provided in this section. Any compact so entered into must require the Indian tribe to verify that the conditions set forth in paragraphs (e), (f) and (g) of subsection 1 are met.
Sec. 32. NRS 370A.010 is hereby amended to read as follows:
370A.010 As used in this chapter, the words and terms defined in NRS 370A.020 to 370A.120, inclusive, and section 28 of this act have the meanings ascribed to them in those sections.
Sec. 33. NRS 370A.120 is hereby amended to read as follows:
370A.120 Units sold means, with respect to a particular manufacturer of tobacco products for a particular year, the number of individual cigarettes sold in this state , including, without limitation, any cigarettes sold on any qualified tribal land within the State, by the manufacturer directly or through a distributor, retailer or similar intermediary or intermediaries during that year, [as measured by excise taxes collected by the State on packs, or containers of roll-your-own tobacco, bearing the excise stamp of this state.] for which the State has the authority under federal law to impose excise or a similar tax or to collect escrow deposits. The term does not include any cigarettes sold:
1. On a federal installation in a transaction that is exempt from state taxation under federal law; or
2. On the qualified tribal land of an Indian tribe to a consumer who is an adult enrolled member of that tribe in a transaction that is exempt from state taxation under federal law.
Sec. 34. NRS 370A.150 is hereby amended to read as follows:
370A.150 A manufacturer of tobacco products that deposits money into escrow pursuant to subsection 2 of NRS 370A.140 shall receive the interest or other appreciation on the deposit as earned. The principal of the deposit may be released from escrow only under the following circumstances:
1. To pay a judgment or settlement on a released claim brought against that manufacturer by this State or by a releasing party located or residing in this State. Money may be released from escrow under this subsection only in the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.
2. To the extent that the manufacturer establishes that the amount it was required to deposit into escrow on account of units sold in the State in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold if the manufacturer had been a participating manufacturer, the excess must be released from escrow and revert to the manufacturer.
3. In accordance with the provisions of section 31 of this act.
κ2013 Statutes of Nevada, Page 2667 (CHAPTER 451, SB 516)κ
4. To the extent not released from escrow under subsection 1 [or 2,] , 2 or 3, deposits must be released from escrow and revert to the manufacturer 25 years after the date on which they were deposited.
Sec. 35. 1. This section and sections 1 to 16, inclusive, 18 to 30, inclusive, and 32 of this act become effective on July 1, 2013.
2. Sections 17, 31, 33 and 34 of this act become effective on January 1, 2014.
________
Senate Bill No. 518Committee on Finance
CHAPTER 452
[Approved: June 10, 2013]
AN ACT relating to programs for public personnel; establishing for the 2013-2015 biennium the subsidies to be paid to the Public Employees Benefits Program for insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill establishes the amount of the States share of the costs of premiums or contributions for group insurance for active state officers and employees who participate in the Public Employees Benefits Program. Section 2 of this bill establishes the base amount for the share of the costs of premiums or contributions for group insurance under the Program that is required to be paid by the State and local governments for retired public officers and employees. Section 2 also establishes the share of the cost of qualified medical expenses for individual Medicare insurance plans through the Program that is required to be paid by the State and local governments for retired public officers and employees.
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. 1. For the purposes of NRS 287.044 and 287.0445, the States share of the cost of premiums or contributions for group insurance for each active state officer or employee who elects to participate in the Public Employees Benefits Program is:
(a) For the Fiscal Year 2013-2014, $688.37 per month.
(b) For the Fiscal Year 2014-2015, $695.35 per month.
2. If the amount of the States share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees Benefits Program that the state officer or employee selects less any amount paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees Benefits Program created by NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons that are eligible to participate in the Public Employees Benefits Program through such a state officer or employee.
κ2013 Statutes of Nevada, Page 2668 (CHAPTER 452, SB 518)κ
Sec. 2. 1. Except as otherwise provided in subsection 2, for the purposes of NRS 287.023 and 287.046, the base amount for the share of the cost of premiums or contributions for group insurance for each person who has retired with state service and continues to participate in the Public Employees Benefits Program to be paid by the State or a local government, as applicable, is:
(a) For the Fiscal Year 2013-2014, $452.26 per month.
(b) For the Fiscal Year 2014-2015, $462.20 per month.
2. For the purposes of NRS 287.023 and NRS 287.046, the share of the cost of qualified medical expenses for each person who has retired with state service and whose coverage is provided through the Public Employees Benefits Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., for Fiscal Year 2013-2014 and Fiscal Year 2014-2015 to be paid by the State or a local government, as applicable, is:
(a) For those persons who retired before January 1, 1994, $165 per month.
(b) For those persons who retired on or after January 1, 1994, $11 per month per year of service, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $220 per month.
3. For Fiscal Year 2013-2014 and Fiscal Year 2014-2015, the share of the cost of qualified medical expenses set forth in subsection 2 for each person who has retired with state service and whose coverage is provided through the Public Employees Benefits Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., to be paid by the State or a local government, as applicable, must be increased by $2 per month.
4. No money may be paid by the State Retirees Health and Welfare Benefits Fund created by NRS 287.0436 on behalf of a person who is initially hired by the State on or after January 1, 2010, and who:
(a) Has not participated in the Program on a continuous basis since his or her retirement from such employment; or
(b) Does not have at least 15 years of service credit upon retirement, unless the person does not have at least 15 years of service credit as a result of a disability for which disability benefits are received under the Public Employees Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education, and has participated in the Program on a continuous basis since his or her retirement from such employment.
5. If the amount calculated pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees Benefits Program that the retired participant selects, the balance must be credited to the Fund for the Public Employees Benefits Program created by NRS 287.0435.
Sec. 3. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 2669κ
Senate Bill No. 521Committee on Finance
CHAPTER 453
[Approved: June 10, 2013]
AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the State Government for the 2013-2015 biennium; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; requiring repayment of certain advances to state agencies; and providing other matters properly relating thereto.
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. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2013-2014 and Fiscal Year 2014-2015 by the various officers, departments, boards, agencies, commissions and institutions of the State Government mentioned in this act:
2013-2014 2014-2015
Governors Office:
High Level Nuclear Waste $541,404 $541,404
Washington Office 253,256 259,433
Energy Conservation 2,985,173 2,226,097
Renewable Energy, Efficiency and Conservation Loan 5,414,026 8,129,092
Renewable Energy Fund 3,655,941 5,148,210
Commission on Ethics:
Ethics Commission $535,306 $526,607
Attorney Generals Office:
Office of the Extradition Coordinator $102,667 $102,667
Attorney General Administration Account 12,217,283 11,730,914
Special Litigation Account 4,499,036 3,374,359
Workers Comp Fraud 3,952,315 3,896,919
Crime Prevention Program 46,562 46,562
Medicaid Fraud Control Unit 2,985,602 2,614,607
Bureau of Consumer Protection 4,322,661 3,877,965
Violence Against Women Grants 2,233,254 2,119,327
Advisory Council for Prosecuting Attorneys 361,735 383,780
Victims of Domestic Violence 530,734 538,204
Attorney General Tort Claim Fund 7,754,661 8,469,546
National Settlement Administration 75,817,318 13,898,271
κ2013 Statutes of Nevada, Page 2670 (CHAPTER 453, SB 521)κ
2013-2014 2014-2015
Office of the State Controller:
Controllers Office $274,074 $90,601
Debt Recovery Account 533,922 397,848
Office of the Secretary of State:
Secretary of State $932,902 $661,075
HAVA Election Reform 3,181,111 2,539,349
Office of the State Treasurer:
State Treasurer $1,782,477 $1,774,617
Treasurer Higher Education Tuition Administration 595,655 594,921
Bond Interest and Redemption 280,997,730 268,095,145
Municipal Bond Bank Revenue 16,328,629 16,501,818
Municipal Bond Bank Debt Service 16,505,377 16,678,566
Millennium Scholarship Administration 413,513 415,341
Nevada College Savings Trust 2,027,997 2,030,177
Endowment Account 7,754,937 8,078,236
Unclaimed Property 1,870,188 1,869,321
Department of Administration:
Administration Hearings Division $4,502,884 $4,594,165
Budget and Planning Division 298,437 297,773
Insurance and Loss Prevention 28,654,096 28,636,212
Fleet Services Division 4,979,939 5,243,970
Fleet Services Capital Purchase 1,950,783 2,214,635
Purchasing Division 2,880,158 2,873,296
Victims of Crime 14,474,714 16,162,632
State Public Works Division Administration 857,478 858,577
State Public Works Division Buildings and Grounds 17,363,707 18,411,205
State Public Works Division Engineering and Planning 3,761,844 3,711,799
State Public Works Division Marlette Lake 1,614,586 1,698,116
State Unemployment Compensation 5,662,364 4,246,303
Human Resource Management 9,181,907 8,674,710
Administrative Services Division 2,950,014 2,982,460
Application Support 5,227,424 5,004,298
Office of Chief Information Officer 779,462 655,885
Computer Facility 13,834,009 13,903,315
Data Communications and Network Engineering 3,848,740 4,425,028
Telecommunications 3,640,441 3,833,364
Network Transport Services 3,194,130 3,120,345
Security 2,088,049 1,679,357
Information Technology Consolidation, Department of Public Safety 5,972,195 5,950,100
Nevada State Library 1,644,162 1,622,013
Nevada State Library Archives and Records 87,555 81,989
Nevada State Library CLAN 292,066 287,127
Nevada State Library Mail Services 7,117,264 7,009,713
κ2013 Statutes of Nevada, Page 2671 (CHAPTER 453, SB 521)κ
2013-2014 2014-2015
Nevada State Library Mail Services Equipment $311,979 $282,474
Nevada State Library IPS Equipment/Software 32,444 32,800
Supreme Court of Nevada:
Administrative Office of the Courts $5,319,438 $4,864,525
Judicial Programs and Services Division 423,823 423,823
Uniform System of Judicial Records 3,032,647 2,689,067
Judicial Education 1,613,864 1,479,768
Foreclosure Mediation Program 3,395,572 2,624,684
Judicial Support, Governance and Special Events 965,813 1,009,533
Supreme Court 6,308,270 6,307,592
Specialty Court 8,187,025 7,302,990
Senior Justice and Senior Judge Program 525,381 525,381
Supreme Court Law Library 4,248 3,602
Department of Tourism and Cultural Affairs:
Tourism Development Fund $21,418,654 $21,248,375
Tourism Development 133,695 107,254
Nevada Magazine 1,615,642 1,532,992
Museums and History Administration 179,264 178,684
Lost City Museum 261,737 258,309
Nevada Historical Society 298,078 298,943
Nevada State Museum, Carson City 916,612 921,582
Nevada State Museum, Las Vegas 795,644 805,966
State Railroad Museums 809,585 817,927
Nevada Arts Council 1,522,173 1,502,488
Nevada Indian Commission 63,442 62,803
Governors Office of Economic Development:
Governors Office of Economic Development $882,326 $831,008
Nevada Film Office 780,556 776,827
Rural Community Development 2,162,129 2,162,029
Procurement Outreach Program 429,750 429,950
Nevada SSBCI Program 2,128,000 3,128,182
Department of Taxation:
Department of Taxation $765,054 $769,141
Legislative Counsel Bureau:
Legislative Counsel Bureau $1,342,423 $1,009,760
Printing Office 2,786,544 3,022,755
Commission on Peace Officers Standards and Training:
Peace Officers Standards and Training Commission $2,308,742 $2,284,058
Office of Veterans Services:
Commissioner for Veterans Affairs $1,410,909 $1,417,153
Veterans Home Account 18,776,615 19,429,243
κ2013 Statutes of Nevada, Page 2672 (CHAPTER 453, SB 521)κ
2013-2014 2014-2015
Department of Education:
Educational Trust Account $509,667 $187,854
Education State Programs 446,759 44,942
Career and Technical Education 8,734,143 8,749,296
Gear Up 5,991,473 5,990,995
Continuing Education 5,570,784 5,570,533
Teacher Education and Licensing 1,796,790 1,779,963
Other Unrestricted Accounts 174,648 187,873
Discretionary Grants Restricted 17,128,574 11,041,661
Elementary and Secondary Ed. Title I 114,410,293 114,410,001
Elementary and Secondary Ed. Titles II, V & VI 29,368,073 29,519,952
Individuals with Disabilities Education Act (IDEA) 72,915,497 72,916,753
Education Staffing Services 1,851,756 1,889,671
Education Support Services 3,656,019 4,326,397
State Public Charter School Authority:
State Public Charter School Authority $3,800,685 $4,373,046
Nevada System of Higher Education (NSHE):
University of Nevada, Reno $68,018,564 $68,591,023
School of Medical Sciences 5,123,764 5,926,080
System Administration 111,460 111,460
University of Nevada, Las Vegas 99,174,180 99,174,180
Agriculture Experiment Station 1,650,537 1,650,537
Cooperative Extension Service 1,930,606 1,936,086
UNLV Law School 5,093,893 5,164,952
Great Basin College 3,658,287 3,670,625
UNLV Dental School 7,828,782 7,828,782
Nevada State College 5,710,454 5,727,035
Desert Research Institute 148,486 148,486
College of Southern Nevada 44,462,308 44,457,871
Western Nevada College 5,628,829 6,231,318
Truckee Meadows Community College 12,856,934 12,800,148
Western Interstate Commission for Higher Education
Loan and Stipend 293,469 293,965
Commission on Postsecondary Education:
Commission on Postsecondary Education $103,131 $101,911
Department of Health and Human Services Administration:
Office of the State Public Defender $1,625,207 $1,605,726
Health and Human Services Administration 2,962,615 482,869
Developmental Disabilities 494,176 494,258
Grants Management Unit 27,824,682 27,831,066
Directors Office Problem Gambling 2,047,151 1,943,036
Childrens Trust Account 746,875 782,660
Consumer Health Assistance 1,428,620 890,784
Healthy Nevada Fund 9,026,212 9,032,561
κ2013 Statutes of Nevada, Page 2673 (CHAPTER 453, SB 521)κ
2013-2014 2014-2015
Indigent Supplemental Account $18,507,116 $19,223,037
IDEA Part C Compliance 3,972,105 3,972,105
Division of Health Care Financing and Policy:
Intergovernmental Transfer Program $101,990,277 $108,233,491
Division of Health Care Financing and Policy Administration 113,364,847 110,706,203
Increased Quality of Nursing Care 30,947,740 32,204,514
Nevada Check-Up Program 31,383,088 32,879,011
Nevada Medicaid 1,473,607,925 1,851,434,975
Division of Public and Behavioral Health:
Behavioral Health:
Southern Nevada Adult Mental Health Services $13,637,544 $18,564,558
Northern Nevada Adult Mental Health Services 5,871,074 8,047,492
Mental Health Information System 290,236 295,305
Mental Health Administration 5,816,501 5,819,972
Substance Abuse Prevention and Treatment Agency 14,312,876 14,256,121
Alcohol Tax Program 1,654,321 1,772,107
Lakes Crossing 1,744,082 1,806,316
Rural Clinics 2,880,610 4,480,009
Public Health:
Radiation Control $4,020,249 $3,875,681
Low-Level Radioactive Waste Fund 1,007,129 1,144,048
Child Care Services 1,549,743 1,547,467
Cancer Control Registry 1,201,284 1,242,856
Health Statistics and Planning 1,606,477 1,803,131
Consumer Health Protection 2,328,980 2,266,961
Immunization Program 5,695,634 4,965,582
WIC Food Supplement 68,561,151 68,561,151
Communicable Diseases 14,258,100 14,258,100
Health Facilities Hospital Licensing 14,980,627 14,240,414
Health Facilities Administrative Penalty 404,632 504,500
Public Health Preparedness Program 10,794,624 10,643,945
Chronic Disease 6,757,629 6,760,584
Biostatistics and Epidemiology 4,041,899 4,062,519
Maternal Child Health Services 8,312,585 8,442,807
Office of Health Administration 6,137,484 5,546,996
Community Health Services 2,519,083 2,545,388
Emergency Medical Services 233,340 238,225
Marijuana Health Registry 1,041,588 793,890
Division of Welfare and Supportive Services:
Welfare Administration $30,022,072 $28,536,793
Temporary Assistance for Needy Families 20,133,437 18,219,996
Welfare Field Services Account 62,359,727 71,588,844
Child Support Enforcement Program 18,674,978 19,587,180
κ2013 Statutes of Nevada, Page 2674 (CHAPTER 453, SB 521)κ
2013-2014 2014-2015
Child Support Federal Reimbursement $39,027,634 $40,968,578
Welfare Child Assistance and Development 32,741,884 32,856,070
Welfare Energy Assistance Program 20,020,110 20,150,924
Aging and Disability Services Division:
Tobacco Settlement Program $5,425,417 $5,429,581
Federal Programs and Administration 17,432,792 17,572,209
Senior Rx and Disability Rx 4,858,174 5,048,144
Home and Community-Based Services 14,239,594 16,708,622
Family Preservation Program 1,200,000 1,200,000
Rural Regional Center 7,192,894 7,254,554
Desert Regional Center 49,832,165 54,490,467
Sierra Regional Center 16,756,047 17,627,995
Early Intervention Services 4,654,938 4,673,463
Division of Child and Family Services:
Community Juvenile Justice Programs $2,431,532 $2,316,582
Washoe County Child Welfare 15,124,926 15,789,652
Clark County Child Welfare 38,383,047 40,417,793
UNITY/SACWIS 2,871,810 2,743,738
Children, Youth and Family Administration 11,762,750 11,785,708
Youth Alternative Placement 2,006,984 2,006,984
Caliente Youth Center 259,389 259,389
Victims of Domestic Violence 3,767,543 4,109,606
Rural Child Welfare 12,573,391 12,826,887
Child Welfare Trust 253,597 253,597
Transition from Foster Care 1,814,096 1,701,700
Review of Death of Children 333,653 344,404
Nevada Youth Training Center 384,982 415,508
Youth Parole Services 2,837,855 2,877,317
Northern Nevada Child and Adolescent Services 4,547,318 4,684,786
Southern Nevada Child and Adolescent Services 14,281,320 14,945,015
Adjutant General:
Office of the Military $12,823,672 $12,940,603
Carlin Armory 212,178 201,023
Adjutant Generals Special Armory Account 4,226 3,823
Patriot Relief Fund 228,689 114,353
Emergency Operations Center 443,596 396,888
Department of Corrections:
Prison Medical Care $2,143,549 $2,151,242
Offenders Store Fund 16,576,949 16,028,449
Office of the Director 3,185,600 3,187,846
Correctional Programs 540,842 404,400
Warm Springs Correctional Center 11,557 11,557
Northern Nevada Correctional Center 155,086 155,086
Nevada State Prison 17,714 17,714
Prison Industry 4,679,471 4,966,412
Stewart Conservation Camp 108,967 108,967
κ2013 Statutes of Nevada, Page 2675 (CHAPTER 453, SB 521)κ
2013-2014 2014-2015
Pioche Conservation Camp $11,597 $11,597
Northern Nevada Restitution Center 418,040 470,895
Three Lakes Valley Conservation Camp 13,640 13,640
Prison Dairy 3,054,094 3,328,467
Southern Desert Correctional Center 67,513 67,513
Wells Conservation Camp 9,690 9,690
Humboldt Conservation Camp 12,757 12,757
Ely Conservation Camp 11,251 11,251
Jean Conservation Camp 10,189 10,126
Ely State Prison 63,528 63,968
Carlin Conservation Camp 13,410 13,410
Tonopah Conservation Camp 14,162 14,162
Lovelock Correctional Center 101,704 101,866
Casa Grande Transitional Housing 969,410 969,410
Florence McClure Womens Correctional Center 157,344 159,872
High Desert State Prison 81,598 81,395
Inmate Welfare Account 4,672,113 4,741,397
Commission on Mineral Resources:
Division of Minerals $2,977,505 $2,675,850
State Department of Agriculture:
Agriculture Registration/Enforcement $3,980,288 $3,684,439
Livestock Inspection 1,940,647 1,669,255
Veterinary Medical Services 213,702 214,144
Consumer Equitability Division 3,577,619 3,320,722
Pest, Plant Disease, Noxious Weed Control 592,311 626,031
Administration 2,566,546 2,558,556
Mormon Cricket and Grasshoppers 438,876 453,198
Predatory Animal and Rodent Control 426,906 426,906
Nutrition Education Programs 129,734,371 129,768,930
Plant Health and Quarantine Services 31,855 32,716
Dairy Commission 1,899,778 1,962,620
Commodity Food Program 14,258,703 16,455,616
Public Utilities Commission:
Public Utilities Commission $13,786,193 $13,977,651
Gaming Control Board:
Gaming Control Board $16,016,273 $16,038,352
Gaming Control Board Investigation Fund 18,068,098 18,104,683
Department of Public Safety:
Division of Emergency Management $4,389,654 $4,344,743
Emergency Management Assistance Grants 27,223,602 27,166,572
Homeland Security 249,981 251,489
Division of Parole and Probation 6,736,516 6,811,337
Division of Investigations 828,143 664,056
Training Division 3,382 3,382
State Fire Marshal 2,014,500 2,028,235
Cigarette Fire Safe Standard and Firefighter Support 214,025 215,473
κ2013 Statutes of Nevada, Page 2676 (CHAPTER 453, SB 521)κ
2013-2014 2014-2015
Traffic Safety $4,460,865 $4,460,865
Highway Safety Planning and Administration 2,111,273 2,112,926
Motorcycle Safety Program 657,961 602,944
Evidence Vault 542,322 553,940
Forfeitures Law Enforcement 2,196,692 1,188,698
NHP K-9 Program 58,614 35,140
Directors Office 3,152,522 3,146,931
Office of Professional Responsibility 600,468 592,854
Justice Assistance Act 1,461,950 1,347,309
Central Repository for Nevada Records of Criminal History 17,808,464 17,539,391
Nevada Highway Patrol 2,487,514 2,507,611
General Services 6,229,243 6,349,627
Highway Safety Grants Account 1,509,586 1,517,337
Capitol Police 2,546,118 2,589,662
State Emergency Response Commission 2,455,606 2,535,277
Justice Assistance Grant Trust 3,098,351 2,254,345
Justice Grant 448,733 463,047
Fund for Reentry Programs 5,500 5,500
Colorado River Commission:
Colorado River Commission $7,596,727 $7,187,297
Research and Development 5,976,053 6,992,216
Power Delivery System 106,940,508 107,078,796
Power Marketing Fund 31,433,779 33,829,188
State Department of Conservation and Natural Resources:
DEP Administration $6,465,998 $6,766,034
DEP Air Quality 8,177,082 8,860,801
DEP Water Pollution Control 6,494,675 6,761,310
DEP Waste Management and Federal Facilities 16,539,340 18,070,349
DEP Mining Regulation/Reclamation 5,227,911 5,321,654
DEP State Revolving Fund Administration 2,822,491 3,027,561
DEP Water Quality Planning 4,042,803 4,074,540
DEP Safe Drinking Water Regulatory Program 4,513,154 4,625,467
Nevada Natural Heritage Program 1,044,209 847,912
State Environmental Commission 110,401 110,401
Conservation and Natural Resources Administration 511,817 512,639
DEP Water Planning Capital Improvement 205,441 217,217
Division of State Parks 8,181,099 8,195,802
Division of Water Resources 4,163,471 6,120,560
Division of State Lands 785,190 813,354
Division of Forestry 2,928,790 2,946,034
Wildland Fire Protection Program 1,300,000 2,606,393
Forest Fire Suppression 4,264,762 4,268,482
Forestry Conservation Camps 3,304,710 3,473,738
κ2013 Statutes of Nevada, Page 2677 (CHAPTER 453, SB 521)κ
2013-2014 2014-2015
Conservation Districts Program $174,749 $174,234
State Historic Preservation Office 838,570 816,150
Forestry Intergovernmental Agreements 3,004,714 2,771,531
Forestry Nurseries 1,158,860 1,129,606
Tahoe Regional Planning Agency:
Tahoe Regional Planning Agency $13,689,228 $13,689,228
Department of Wildlife:
Directors Office $3,769,750 $3,485,890
Operations 5,872,871 5,739,259
Conservation Education 2,136,972 2,170,860
Law Enforcement 7,761,521 7,671,020
Game Management 4,864,836 4,624,787
Fisheries Management 7,397,777 7,017,069
Diversity 1,423,803 1,455,651
Habitat 4,411,865 4,650,419
Department of Business and Industry:
Nevada Attorney for Injured Workers $3,330,918 $3,350,657
Employee-Management Relations Board 565,224 435,348
Financial Institutions Investigations 729,002 721,112
Insurance Regulation 12,910,115 12,023,242
Manufactured Housing 1,397,056 1,332,845
Insurance Examiners 2,695,611 2,202,712
Captive Insurers 2,426,230 1,906,507
Common-Interest Communities 3,498,394 2,905,554
Insurance Recovery 646,705 646,705
Real Estate Administration 1,838,858 1,929,451
Insurance Education and Research 532,981 816,547
Real Estate Education and Research 1,370,681 911,990
Real Estate Recovery Account 506,000 507,000
National Association of Insurance Commissioners 45,901 46,405
Insurance Cost Stabilization 89,528 98,217
Financial Institutions 6,373,284 6,141,820
Low-Income Housing Trust Fund 18,604,149 17,205,025
Special Housing Assistance 1,141,902 0
Nevada Home Retention Program 49,000,000 0
Housing Division 11,773,370 11,908,331
Mobile Home Lot Rent Subsidy 575,314 631,871
Mobile Home Parks 365,498 393,418
Manufactured Housing Education/Recovery 259,890 238,776
Financial Institutions Audit 272,847 286,822
Mortgage Lending 4,407,652 4,678,294
Transportation Authority 282,792 283,505
Transportation Authority Administrative Fines 365,300 430,961
Nevada Athletic Commission 249,977 238,141
Taxicab Authority 10,293,872 9,648,055
Industrial Relations 6,536,679 6,177,304
Business and Industry Administration 4,195,684 4,142,793
κ2013 Statutes of Nevada, Page 2678 (CHAPTER 453, SB 521)κ
2013-2014 2014-2015
Occupational Safety and Health Enforcement $10,435,717 $10,366,717
Industrial Development Revenue Bonds 397,188 503,104
Self-Insured Workers Compensation 554,912 565,727
Safety Consultation and Training 3,048,048 3,088,622
Mine Safety and Training 1,460,124 1,437,664
Weatherization 5,680,488 5,734,440
Labor Commissioner 1,918 1,916
Department of Transportation:
Transportation Administration $591,337,241 $591,322,454
Department of Motor Vehicles:
Records Search $7,502,426 $7,194,843
Automation 4,182,514 4,006,872
Motor Carrier 1,840,273 955,061
Motor Vehicle Pollution Control 11,384,212 11,994,284
Verification of Insurance 11,827,775 11,827,775
Hearings Office 4,289 4,289
Division of Field Services 24,035,606 72,423
Division of Compliance Enforcement 216,352 219,103
Division of Central Services and Records 4,866,042 4,714,892
Office of the Director 1,772,148 1,911,809
Division of Administrative Services 7,602,175 7,616,399
REAL ID 209,242 0
License Plate Factory 3,341,527 4,604,845
Department of Employment, Training and Rehabilitation:
Nevada Equal Rights Commission $420,100 $420,100
Blind Business Enterprise Program 5,713,015 5,807,619
Bureau of Services to the Blind and Visually Impaired 3,520,714 3,527,055
Bureau of Vocational Rehabilitation 13,881,587 13,983,881
Rehabilitation Administration 1,323,102 1,421,975
Disability Adjudication 16,749,703 16,982,500
Administration 6,113,866 6,052,432
Research and Analysis 2,923,500 2,994,906
Information Development and Processing 13,404,479 12,827,440
Employment Security 119,824,652 114,545,109
Employment Security Special Fund 8,049,763 4,361,831
Public Employees Retirement System:
Public Employees Retirement System $10,321,742 $10,753,462
Deferred Compensation:
Deferred Compensation Committee $344,899 $378,414
Public Employees Benefits:
Public Employees Benefits Program $470,647,085 $479,955,186
Retired Employee Group Insurance 37,666,376 39,373,704
Active Employees Group Insurance 213,686,224 209,856,612
Silver State Health Insurance Exchange:
Silver State Health Insurance Exchange Administration $39,555,132 $28,064,418
κ2013 Statutes of Nevada, Page 2679 (CHAPTER 453, SB 521)κ
Sec. 2. 1. There is hereby appropriated from the money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products:
(a) The sum of $752,495 for Fiscal Year 2013-2014 and the sum of $750,759 for Fiscal Year 2014-2015 to support the operation of the Attorney General Administrative Fund.
(b) The sum of $220,513 for Fiscal Year 2013-2014 and the sum of $224,734 for Fiscal Year 2014-2015 to the Department of Taxation in support of enforcing or otherwise ensuring compliance with the Master Settlement Agreement and deposits by nonparticipating manufacturers into a qualified escrow fund.
2. Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:
(a) Disburse, on or after July 1, 2013, the money appropriated by subsection 1 in its entirety for Fiscal Year 2013-2014 before other disbursements required by law are made;
(b) Disburse, on or after July 1, 2014, the money appropriated by subsection 1 in its entirety for Fiscal Year 2014-2015 before other disbursements required by law are made; and
(c) Thereafter in each fiscal year, disburse all other money appropriated from this same source in the manner provided in NRS 439.630.
3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years reverts as soon as all payments of money committed have been made as follows: 40 percent to the Millennium Scholarship Trust Fund and 60 percent to the Fund for a Healthy Nevada.
4. Any money authorized for expenditure in section 1 of this act that originated from the Fund for a Healthy Nevada created by NRS 439.620 remaining at the end of the respective fiscal years reverts to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.
Sec. 3. 1. Expenditure of $25,662,880 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2013-2014.
2. Expenditure of $25,492,049 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2014-2015.
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 State 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 19, 2014, and September 18, 2015, respectively, by either the State 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 19, 2014, and September 18, 2015, respectively.
κ2013 Statutes of Nevada, Page 2680 (CHAPTER 453, SB 521)κ
Sec. 4. 1. Expenditure of $357,630 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2013-2014.
2. Expenditure of $357,065 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2014-2015.
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 19, 2014, and September 18, 2015, 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 19, 2014, and September 18, 2015, respectively.
Sec. 5. The money authorized to be expended by the provisions of sections 1 to 4, inclusive, of this act, except for expenditures from the Legislative Fund and by judicial agencies, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 6. 1. Except as otherwise provided in subsection 2 and section 7 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which the Chief determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Department of Administration shall reduce any authorization whenever the Chief determines that money to be received will be less than the amount so authorized in sections 1 to 4, inclusive, of this act.
2. The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund for expenditure by the Legislative Counsel Bureau from any source which the Director determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever the Director determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 7. Except as otherwise provided in section 8 of this act, subsection 3 of section 10 of this act, sections 12, 14, 15, 21 and 25 of this act and NRS 90.851, where the operation of an office, department, board, agency, commission, institution or program is financed during the 2013-2015 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.
κ2013 Statutes of Nevada, Page 2681 (CHAPTER 453, SB 521)κ
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.
Sec. 8. 1. The Nevada System of Higher Education may expend the following fees and tuition collected from the registration of students, resident or nonresident:
Fiscal Year Fiscal Year
2013-2014 2014-2015
University of Nevada, Reno.................. $67,588,525 $68,160,984
University of Nevada, Las Vegas......... 98,507,380 98,507,380
College of Southern Nevada................. 44,173,590 44,169,153
Western Nevada College........................ 5,585,139 6,187,628
Truckee Meadows Community College 12,786,319 12,729,533
Great Basin College................................. 3,657,911 3,670,249
Nevada State College............................. 5,673,573 5,690,154
Dental School, UNLV............................. 7,828,782 7,828,782
UNLV Law School.................................. 5,093,893 5,164,952
School of Medical Sciences................... 5,123,764 5,926,080
2. The Nevada System of Higher Education may expend any additional registration fees collected from students for the purpose of meeting the salaries and related benefits for incremental instructional faculty necessary as a result of registering additional students beyond the budgeted enrollments. The Nevada System of Higher Education may also expend, with the approval of the Interim Finance Committee, any additional nonresident tuition fees and any additional registration fees not utilized for incremental instructional faculty costs in addition to the authorized amounts for the respective fiscal years. The Nevada System of Higher Education may also expend, with the approval of the Interim Finance Committee, any additional registration fees and nonresident tuition fees resulting from the imposition of fee increases.
3. At the close of Fiscal Year 2013-2014 and Fiscal Year 2014-2015, the amounts authorized for the Nevada System of Higher Education, exclusive of the Western Interstate Commission for Higher Education, as provided in section 1 of this act, shall be considered cumulatively for each budget account. Authorized revenues received within each budget account that do not exceed the amount included in section 1 of this act, combined with authorized funds approved by the Board of Regents or the Interim Finance Committee, if applicable, must not be utilized to decrease State General Fund appropriations when determining whether a reversion to the State General Fund is required at the close of Fiscal Year 2013-2014 and Fiscal Year 2014-2015.
Sec. 9. 1. Whenever claims which are payable and properly approved exceed the amount of cash in an account of the Department of Wildlife, the State Controller may, with the approval of the Director of the Department of Administration, transfer temporarily from the State General Fund to that account, such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable in that account from the Federal Government in the same fiscal year as authorized in section 1 of this act.
κ2013 Statutes of Nevada, Page 2682 (CHAPTER 453, SB 521)κ
2. The Director of the Department of Administration shall provide written notification to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if the Director approves a request made pursuant to subsection 1.
3. Any money which is temporarily advanced pursuant to this section from the State General Fund to the Department of Wildlife must be repaid on or before the last business day in August immediately following the end of the fiscal year.
Sec. 10. 1. Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his or her services:
Fiscal Year Fiscal Year
2013-2014 2014-2015
Carson City............................................... $1,150,941 $1,137,145
Eureka County......................................... 52,375 51,748
Storey County.......................................... 46,875 46,313
White Pine County.................................. 375,016 370,521
Totals......................................................... $1,625,207 $1,605,727
2. The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 77th Session of the Nevada Legislature for employees of the State Public Defenders Office for Fiscal Year 2013-2014 and Fiscal Year 2014-2015.
3. If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his or her services.
Sec. 11. In Fiscal Year 2013-2014 and Fiscal Year 2014-2015, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Department of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.
Sec. 12. Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for the special reserves for extraordinary costs of operation, repair and maintenance of fire-fighting vehicles may be expended for that purpose.
Sec. 13. Money authorized for expenditure in section 1 of this act for the State Fire Marshal from the Contingency Account for Hazardous Materials must be expended to support eligible training programs and related operating costs before any money from the State General Fund may be expended for such training programs.
Sec. 14. Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for support of the central reporting unit that remains unexpended on June 30 of either fiscal year may be carried forward to the next fiscal year for that purpose.
Sec. 15. Money authorized for expenditure in section 1 of this act for Forest Fire Suppression, up to $250,000 in Fiscal Year 2013-2014 and $250,000 in Fiscal Year 2014-2015, may be carried forward to the next fiscal year for the repair of firefighting and emergency response vehicles.
κ2013 Statutes of Nevada, Page 2683 (CHAPTER 453, SB 521)κ
Sec. 16. 1. If the Director of the Department of Health and Human Services determines that delays in the receipt of revenue for vital records fees will result in insufficient revenue to pay authorized expenditures during the 2013-2015 biennium, he or she may submit a request for a temporary advance from the State General Fund to the Director of the Department of Administration to pay authorized expenditures to support operational costs of the Health Statistics and Planning Account.
2. The Director of the Department of Administration shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if the Director approves a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of such a notification.
3. An advance from the State General Fund approved by the Director of the Department of Administration as authorized pursuant to this section is limited to $550,000 in Fiscal Year 2013-2014, and $550,000 in Fiscal Year 2014-2015.
4. Any money which is temporarily advanced from the State General Fund to the Health Statistics and Planning Account pursuant to this section must be repaid on or before the last business day in August immediately following the end of the respective fiscal years.
Sec. 17. 1. If Initiative Petition 1 is approved by the voters at the general election held in November 2014, the Director of the Department of Taxation may submit a request for a temporary advance from the State General Fund in Fiscal Year 2014-2015 to the Director of the Department of Administration to pay expenditures related to the administrative costs to implement the requirements of Initiative Petition 1.
2. The Director of the Department of Administration shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if the Director approves a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of such a notification.
3. An advance from the State General Fund approved by the Director of the Department of Administration as authorized pursuant to this section is limited to $1,399,835 in Fiscal Year 2014-2015.
4. Any money which is temporarily advanced from the State General Fund to the Department of Taxation pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.
5. If the Director of the Department of Taxation determines that the revenues collected are not sufficient to offset administrative costs associated with implementing the requirements of Initiative Petition 1, he or she may request an allocation by the Interim Finance Committee from the Contingency Account created by NRS 353.266 in Fiscal Year 2014-2015 to cover the difference between revenues collected and actual administrative expenditures.
Sec. 18. Notwithstanding any provision of law to the contrary, the Western Interstate Commission for Higher Education Loan and Stipend Account may balance forward to the subsequent fiscal year for expenditure on Health Care Access Program Loan Repayment slots any unobligated loan, stipend and interest repayment revenues authorized by section 1 of this act which were received after May 15 of each fiscal year in the 2013-2015 biennium.
κ2013 Statutes of Nevada, Page 2684 (CHAPTER 453, SB 521)κ
Sec. 19. 1. If the Director of the Office of Energy determines that delays in the collections of revenues from the property tax abatement program for the Renewable Energy Fund created by NRS 701A.450 during Fiscal Year 2013-2014 or Fiscal Year 2014-2015 will result in insufficient revenues to pay authorized expenditures, he or she may submit a request for a temporary advance from the State General Fund in those fiscal years to the Director of the Department of Administration for the payment of authorized expenditures.
2. The Director of the Department of Administration shall provide written notification to the State Controller and the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of his or her approval of a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of the approval by the Director of the Department of Administration.
3. An advance from the State General Fund approved pursuant to this section is limited to 25 percent of the revenues expected to be received in Fiscal Year 2013-2014 or Fiscal Year 2014-2015 from any source other than legislative appropriation.
4. Any money that is temporarily advanced from the State General Fund pursuant to this section must be repaid on or before the last business day in August immediately following the end of the respective fiscal years.
Sec. 20. Money deposited in the Emergency Operations Center Account of the Office of the Military is restricted to the uses specified, and the unexpended balance of that money on June 30 of Fiscal Year 2013-2014 and Fiscal Year 2014-2015 may be carried forward to the next fiscal year.
Sec. 21. If the Division of Child and Family Services of the Department of Health and Human Services or Clark County or Washoe County receives an additional amount of money from sources other than the State General Fund during Fiscal Year 2013-2014 or Fiscal Year 2014-2015, the Division or County may, with the approval of the Interim Finance Committee, accept the money and apply it to augment child welfare services.
Sec. 22. On or before June 30, 2014, the Department of Motor Vehicles shall use the revenues from license plate fees to repay the sum of $500,000 that was appropriated to the License Plate Factory Account from the State Highway Fund for the purpose of establishing the reserve for cash flow purposes.
Sec. 23. The Fleet Services Division of the Department of Administration shall use revenues from intergovernmental transfers to repay the sum of $2,500,000 that was appropriated to the Fleet Services Division for the purchase of a building in Las Vegas. After any initial payment made in Fiscal Year 2013-2014, the annual payments must be $125,000 until the loan is fully repaid not later than Fiscal Year 2034-2035.
Sec. 24. 1. The Interim Finance Committee may allocate to the Division of Public and Behavioral Health of the Department of Health and Human Services not more than $1,000,000 from the Fund for a Healthy Nevada created by NRS 439.620 for necessary facility improvements, staffing, furnishings, equipment and operating expenditures at Southern Nevada Adult Mental Health Services in-patient facilities.
2. Any amount allocated pursuant to subsection 1 is available for both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 and may be transferred from one fiscal year to the other fiscal year. Any remaining balance of the allocation made by subsection 1 must not be committed for expenditure after June 30, 2015, by the entity to which the funding is allocated or otherwise transferred in any manner, and any portion of the allocated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was allocated or transferred, and must be reverted to the Fund for a Healthy Nevada on or before September 18, 2015.
κ2013 Statutes of Nevada, Page 2685 (CHAPTER 453, SB 521)κ
transferred in any manner, and any portion of the allocated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was allocated or transferred, and must be reverted to the Fund for a Healthy Nevada on or before September 18, 2015.
Sec. 25. Money authorized for expenditure in section 1 of this act for the Nevada System of Higher Education that remains unexpended on June 30 of either fiscal year may be carried forward to the next fiscal year for the authorized purposes.
Sec. 26. 1. This section and sections 1 to 16, inclusive, and 18 to 25, inclusive, of this act become effective on July 1, 2013.
2. Section 17 of this act becomes effective upon canvass of the votes after the general election held in November 2014 if the voters approve Initiative Petition 1 at that general election.
________
Assembly Bill No. 125Assemblywoman Kirkpatrick
CHAPTER 454
[Approved: June 10, 2013]
AN ACT relating to governmental administration; exempting the lease of certain state lands from appraisal and certain procedural requirements; authorizing the discounted lease of state lands and buildings to certain businesses seeking to locate or expand in this State; revising provisions relating to the annual inventory of real property owned by or leased to the State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the State Land Registrar to lease state land for certain purposes. (Chapter 321 of NRS) Section 3 of this bill authorizes the lease of state land to certain businesses seeking to locate or expand in this State for less than fair market value for the first year of the lease. Section 3 requires the State Land Registrar, the Administrator of the State Public Works Division of the Department of Administration and the Executive Director of the Office of Economic Development to approve such a lease and establish the amount of rent to be received for the state land pursuant to the lease.
With limited exceptions, existing law sets forth certain procedural requirements for the sale or lease of state land, which include: (1) the requirement to obtain two independent appraisals of the land; (2) the requirement that the lease be upon sealed bids followed by oral offers; and (3) the requirement that certain leases be approved by the State Board of Examiners and the Interim Finance Committee. (NRS 321.007, 321.335, 322.007) Sections 1, 1.5, 2, 4 and 5 of this bill except from these requirements the lease of state land if the lease is for less than 25,000 square feet of land or the lease is approved pursuant to section 3.
Existing law requires: (1) each state officer, department, agency, board and commission to maintain an inventory of all real property leased to the State; and (2) the Division of State Lands of the State Department of Conservation and Natural Resources, the Department of Transportation and the State Public Works Division to maintain an inventory of all real property owned by the State. (NRS 331.110) Section 8 of this bill provides that each inventory must be provided to the Administrator on or after April 1 but not later than June 30 of each year. Section 8 also sets forth certain requirements relating to those inventories.
κ2013 Statutes of Nevada, Page 2686 (CHAPTER 454, AB 125)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. Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:
The State Land Registrar may offer any state land for lease without complying with the provisions of NRS 321.007 or 321.335 if the area of the state land is less than 25,000 square feet.
Sec. 1.5. NRS 321.007 is hereby amended to read as follows:
321.007 1. Except as otherwise provided in subsection 5, NRS 322.063, 322.065 or 322.075, or section 1 or 3 of this act, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for land that is sold or leased pursuant to an agreement entered into pursuant to NRS 277.080 to 277.170, inclusive, when offering any land for sale or lease, the State Land Registrar shall:
(a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the land before selling or leasing it. If the Interim Finance Committee grants its approval after discussion of the fair market value of the land, one independent appraisal of the land is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the land is offered for sale or lease.
(b) Notwithstanding the provisions of chapter 333 of NRS, select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.
(c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the State Land Registrar as to the qualifications of an appraiser is conclusive.
2. The State Land Registrar shall adopt regulations for the procedures for creating or amending a list of appraisers qualified to conduct appraisals of land offered for sale or lease by the State Land Registrar. The list must:
(a) Contain the names of all persons qualified to act as a general appraiser in the same county as the land that may be appraised; and
(b) Be organized at random and rotated from time to time.
3. An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the owner of the land or the owner of an adjoining property.
4. An appraiser shall not perform an appraisal on any land offered for sale or lease by the State Land Registrar if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the land or an adjoining property.
5. If a lease of land is for residential property and the term of the lease is 1 year or less, the State Land Registrar shall obtain an analysis of the market value of similar rental properties prepared by a licensed real estate broker or salesperson when offering such a property for lease.
κ2013 Statutes of Nevada, Page 2687 (CHAPTER 454, AB 125)κ
6. If land is sold or leased in violation of the provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing the zoning or use of the land is void if the change takes place within 5 years after the date of the void sale or lease.
Sec. 2. NRS 321.335 is hereby amended to read as follows:
321.335 1. Except as otherwise provided in NRS 321.125, 322.063, 322.065 or 322.075, or section 1 or 3 of this act, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for an agreement entered into pursuant to the provisions of NRS 277.080 to 277.170, inclusive, or a lease of residential property with a term of 1 year or less, after April 1, 1957, all sales or leases of any lands that the Division is required to hold pursuant to NRS 321.001, including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.
2. Whenever the State Land Registrar deems it to be in the best interests of the State of Nevada that any lands owned by the State and not used or set apart for public purposes be sold or leased, the State Land Registrar may, with the approval of the State Board of Examiners and the Interim Finance Committee, cause those lands to be sold or leased upon sealed bids, or oral offer after the opening of sealed bids for cash or pursuant to a contract of sale or lease, at a price not less than the highest appraised value for the lands plus the costs of appraisal and publication of notice of sale or lease.
3. Before offering any land for sale or lease, the State Land Registrar shall comply with the provisions of NRS 321.007.
4. After complying with the provisions of NRS 321.007, the State Land Registrar shall cause a notice of sale or lease to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold or leased is situated, and in such other newspapers as the State Land Registrar deems appropriate. If there is no newspaper published in the county where the land to be sold or leased is situated, the notice must be so published in a newspaper published in this State having a general circulation in the county where the land is situated.
5. The notice must contain:
(a) A description of the land to be sold or leased;
(b) A statement of the terms of sale or lease;
(c) A statement that the land will be sold pursuant to subsection 6; and
(d) The place where the sealed bids will be accepted, the first and last days on which the sealed bids will be accepted, and the time when and place where the sealed bids will be opened and oral offers submitted pursuant to subsection 6 will be accepted.
6. At the time and place fixed in the notice published pursuant to subsection 4, all sealed bids which have been received must, in public session, be opened, examined and declared by the State Land Registrar. Of the proposals submitted which conform to all terms and conditions specified in the notice published pursuant to subsection 4 and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral offer is accepted or the State Land Registrar rejects all bids and offers. Before finally accepting any written bid, the State Land Registrar shall call for oral offers.
κ2013 Statutes of Nevada, Page 2688 (CHAPTER 454, AB 125)κ
Registrar shall call for oral offers. If, upon the call for oral offers, any responsible person offers to buy or lease the land upon the terms and conditions specified in the notice, for a price exceeding by at least 5 percent the highest written bid, then the highest oral offer which is made by a responsible person must be finally accepted.
7. The State Land Registrar may reject any bid or oral offer to purchase or lease submitted pursuant to subsection 6, if the State Land Registrar deems the bid or offer to be:
(a) Contrary to the public interest.
(b) For a lesser amount than is reasonable for the land involved.
(c) On lands which it may be more beneficial for the State to reserve.
(d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.
8. Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of sale specified in the notice of sale, the State Land Registrar shall convey title by quitclaim or cause a patent to be issued as provided in NRS 321.320 and 321.330.
9. Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of lease specified in the notice of lease, the State Land Registrar shall enter into a lease agreement with the person submitting the accepted bid or oral offer pursuant to the terms of lease specified in the notice of lease.
10. The State Land Registrar may require any person requesting that state land be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the State Land Registrar in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.
11. If land that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the land, the State Land Registrar may offer the land for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the land, the State Land Registrar must, as applicable, obtain a new appraisal or new appraisals of the land pursuant to the provisions of NRS 321.007 before offering the land for sale or lease a second time. If land that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the land, the State Land Registrar may list the land for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the land or an adjoining property.
Sec. 3. Chapter 322 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources, as ex officio State Land Registrar, may lease state land pursuant to NRS 322.060 for less than the fair market value of the state land for the first year of the lease, including, without limitation, without the payment of rent for the first year of the lease, to a person who intends to locate or expand a business in this State if, except as otherwise provided in subsection 5, the business meets the requirements of subsection 4.
κ2013 Statutes of Nevada, Page 2689 (CHAPTER 454, AB 125)κ
of the lease, to a person who intends to locate or expand a business in this State if, except as otherwise provided in subsection 5, the business meets the requirements of subsection 4.
2. Before state land may be leased pursuant to this section, the following persons must approve the lease and establish the recommended amount of rent to be received for the state land:
(a) The Administrator of the Division of State Lands, as ex officio State Land Registrar;
(b) The Administrator of the State Public Works Division of the Department of Administration; and
(c) The Executive Director of the Office of Economic Development.
3. Any lease entered into pursuant to this section must be for a term of at least 10 years.
4. Except as otherwise provided in subsection 5, the lease or agreement may not include a discount to the business for the first year unless:
(a) The business is consistent with:
(1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and
(2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.
(b) The business is registered pursuant to the laws of this State or the person who intends to locate or expand the business in this State commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
(c) If the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least two of the following requirements:
(1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this State.
(3) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office by regulation pursuant to subsection 8 of NRS 360.750.
(d) If the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000, the business meets at least two of the following requirements:
(1) The business will have 15 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $250,000 in this State.
κ2013 Statutes of Nevada, Page 2690 (CHAPTER 454, AB 125)κ
(3) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office by regulation pursuant to subsection 8 of NRS 360.750.
(e) If the business is an existing business, the business meets at least two of the following requirements:
(1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.
(2) The business will expand by making a capital investment in this State in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:
(I) County assessor of the county in which the business will expand, if the business is locally assessed; or
(II) The Department of Taxation, if the business is centrally assessed.
(3) The average hourly wage that will be paid by the existing business to its new employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:
(I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its new employees in this State will meet the minimum requirements for benefits established by the Office by regulation pursuant to subsection 8 of NRS 360.750.
(f) In lieu of meeting the requirements of paragraph (c), (d) or (e), if the business furthers the development and refinement of intellectual property, a patent or a copyright into a commercial product, the business meets at least two of the following requirements:
(1) The business will have 10 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $500,000 in this State.
(3) The average hourly wage that will be paid by the new business to its employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:
κ2013 Statutes of Nevada, Page 2691 (CHAPTER 454, AB 125)κ
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its employees in this State will meet with minimum requirements established by the Office by regulation pursuant to subsection 8 of NRS 360.750.
5. The Executive Director of the Office of Economic Development may waive the requirements of subsection 4 for good cause shown if the lease is for state land of less than 25,000 square feet.
Sec. 4. NRS 322.007 is hereby amended to read as follows:
322.007 Any lease of state land, except a lease for residential purposes , [or] a lease for farming or grazing [,] or a lease authorized pursuant to section 1 or 3 of this act, whose term extends or is renewable beyond 1 year must be approved by the State Board of Examiners and the Interim Finance Committee.
Sec. 5. NRS 322.060 is hereby amended to read as follows:
322.060 Subject to the provisions of NRS 321.335, leases or easements authorized pursuant to the provisions of NRS 322.050, and not made for the purpose of extracting oil, coal or gas or the utilization of geothermal resources from the lands leased, must be:
1. For such areas as may be required to accomplish the purpose for which the land is leased or the easement granted.
2. Except as otherwise provided in NRS 322.063, 322.065 and 322.067, and section 3 of this act, for such term and consideration as the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources, as ex officio State Land Registrar, may determine reasonable based upon the fair market value of the land.
3. Executed upon a form to be prepared by the Attorney General. The form must contain all of the covenants and agreements usual or necessary to such leases or easements.
Secs. 6 and 7. (Deleted by amendment.)
Sec. 8. NRS 331.110 is hereby amended to read as follows:
331.110 1. Except as otherwise provided by law, the Administrator may lease and equip office rooms outside of state buildings for the use of state officers, departments, agencies, boards and commissions whenever sufficient space cannot be provided within state buildings. The Administrator shall negotiate, approve and oversee any agreement to lease office rooms pursuant to this section, but no such lease may extend beyond the term of 1 year unless it is reviewed and approved by a majority of the members of the State Board of Examiners. The Attorney General shall approve each lease entered into pursuant to this subsection as to form and compliance with law.
2. Notwithstanding any other provision of law, before the Administrator enters into any lease for office rooms for any state officer, department, agency, board or commission, the Administrator shall consider, without limitation:
(a) The reasonableness of the terms of the agreement, including, without limitation, the cost; and
(b) The availability of space for use by the state officer, department, agency, board or commission in buildings that are owned by or leased to the State.
κ2013 Statutes of Nevada, Page 2692 (CHAPTER 454, AB 125)κ
3. Each state officer, department, agency, board and commission shall maintain and , on or after April 1 but not later than June 30 of each year, provide to the Administrator an inventory of all real property leased to the State that is occupied by or otherwise used by the state officer, department, agency, board and commission. The Division of State Lands, Department of Transportation and State Public Works Division of the Department of Administration shall maintain and , on or after April 1 but not later than June 30 of each year, provide to the Administrator an inventory of all real property owned by the State. Each inventory must identify:
(a) Real property that is being actively used by a state officer, department, agency, board or commission.
(b) Real property that is not being actively used by a state officer, department, agency, board or commission.
(c) Real property that is not being used by a state officer, department, agency, board or commission but which is reasonably anticipated to be actively used by a state officer, department, agency, board or commission in the future.
(d) Real property that is being actively used as a park or wildlife area.
4. Except as otherwise provided in subsection 6, the Administrator shall post on an Internet website maintained by the State a list of all real property owned or leased by the State. Each such listing shall include, without limitation, a brief description of:
(a) The location, size and current use of the real property [;] , including, without limitation, whether the real property is actively used; and
(b) The terms of the lease, including, without limitation, the cost to the State.
5. Before submitting the inventory to the Administrator pursuant to subsection 3, a state officer, department, agency, board, commission, the Division of State Lands, Department of Transportation or State Public Works Division of the Department of Administration that uses the property may request the Chief of the Budget Division of the Department of Administration to deem information regarding the property confidential for the purpose of maintaining public safety.
6. If the Chief of the Budget Division deems information regarding property to be confidential pursuant to subsection 5, the information concerning the property must be kept confidential and is not a public book or record within the meaning of NRS 239.010. The Chief of the Budget Division must inform the Administrator that the information is confidential and that the information must not be posted on an Internet website maintained by the State pursuant to subsection 4.
7. An owner of a building who enters into a contract with a state agency for occupancy in the building:
(a) If the contract is entered into before May 28, 2009, may comply with the program; and
(b) If the contract is entered into on or after May 28, 2009, shall, to the extent practicable as determined by the Administrator, comply with the program.
Κ If an owner chooses not to comply with the program pursuant to paragraph (a), a state or local agency shall not, after May 28, 2009, enter into a contract for occupancy of a building owned by the owner, except that the Administrator may authorize a state or local agency to enter into a contract for the occupancy of a building owned by an owner who does not comply with the program if the Administrator determines that it is impracticable for the owner to comply with the program.
κ2013 Statutes of Nevada, Page 2693 (CHAPTER 454, AB 125)κ
with the program if the Administrator determines that it is impracticable for the owner to comply with the program.
8. As used in this section, program means the program established pursuant to NRS 701.218.
Sec. 9. This act becomes effective on July 1, 2013.
________
Assembly Bill No. 130Assemblymen Hardy, Fiore, Ellison, Hickey; Paul Anderson, Grady, Hambrick, Kirner, Oscarson, Stewart and Wheeler
Joint Sponsors: Senators Hardy; Cegavske, Goicoechea and Settelmeyer
CHAPTER 455
[Approved: June 10, 2013]
AN ACT relating to education; expanding the provisions that require the Board of Regents of the University of Nevada to pay certain fees and expenses associated with undergraduate classes taken by certain dependent children to include the children of public safety officers killed in the line of duty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Board of Regents of the University of Nevada is required, to the extent money is available, to pay certain fees and expenses associated with undergraduate classes taken at a school within the Nevada System of Higher Education by the dependent children of a police officer, firefighter, officer of the Nevada Highway Patrol, volunteer ambulance driver or attendant who was killed while performing his or her duties. (NRS 396.545) This bill expands the applicability of this provision to include the payment of those fees and expenses for dependent children of a public safety officer killed in the line of duty. This bill further defines the term public safety officer to mean a person serving a public agency in an official capacity, with or without compensation, as a peace officer, firefighter or as a member of a rescue or emergency medical services crew.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.545 is hereby amended to read as follows:
396.545 1. To the extent of money available for this purpose, the Board of Regents shall pay all registration fees, laboratory fees and expenses for required textbooks and course materials assessed against or incurred by a dependent child of [:
(a) A police officer, firefighter or officer of the Nevada Highway Patrol] a public safety officer who was killed in the line of duty , [; or
(b) A volunteer ambulance driver or attendant who was killed while engaged as a volunteer ambulance driver or attendant,
κ2013 Statutes of Nevada, Page 2694 (CHAPTER 455, AB 130)κ
Κ] for classes taken towards satisfying the requirements of an undergraduate degree at a school within the System. No such payment may be made for any fee assessed after the child reaches the age of 23 years.
2. There is hereby created in the State General Fund a Trust Account for the Education of Dependent Children. The Board of Regents shall administer the Account. The Board of Regents may accept gifts and grants for deposit in the Account. All money held by the State Treasurer or received by the Board of Regents for that purpose must be deposited in the Account. The money in the Account must be invested as the money in other state accounts is invested. After deducting all applicable charges, all interest and income earned on the money in the Account 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.
3. For each fiscal year, the Board of Regents shall estimate:
(a) The amount of money in the Trust Account that is available to make payments pursuant to subsection 1 for that fiscal year; and
(b) The anticipated amount of such payments for that fiscal year.
Κ If the anticipated amount of payments estimated for the fiscal year exceeds the estimated amount of money available in the Account in the fiscal year for such payments, the Board of Regents may request an allocation from the Contingency Account created in the State General Fund pursuant to NRS 353.266 to cover the projected shortfall.
4. As used in this section:
(a) Firefighter means a person who is a salaried employee or volunteer member of a [fire] :
(1) Fire prevention or suppression unit organized by a local government and whose principal duty is to control and extinguish fires [.] ; or
(2) Fire-fighting agency.
(b) Fire-fighting agency has the meaning ascribed to it in NRS 450B.072.
(c) Local government means a county, city, unincorporated town or metropolitan police department.
[(c) Police officer means a person who is a salaried employee of a police department or other law enforcement agency organized or operated by a local government and whose principal duty is to enforce the law.
(d) Volunteer ambulance driver or attendant means a person who is a driver of or attendant on an ambulance owned or operated by:
(1) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this State; or
(2) A political subdivision of this State.]
(d) Member of a rescue or emergency medical services crew means:
(1) A member of a search and rescue organization in this State under the direct supervision of any county sheriff;
(2) A person licensed as an attendant pursuant to chapter 450B of NRS if the person is a salaried employee of a public agency and is not retained under contract to perform services for the public agency;
(3) A person certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS if the person is a salaried employee or volunteer of a public agency and is not retained under contract to perform services for the public agency; or
κ2013 Statutes of Nevada, Page 2695 (CHAPTER 455, AB 130)κ
salaried employee or volunteer of a public agency and is not retained under contract to perform services for the public agency; or
(4) A volunteer attendant as that term is defined in NRS 450B.110.
(e) Peace officer means a category I peace officer, category II peace officer or category III peace officer as those terms are defined in NRS 289.460, 289.470 and 289.480, respectively.
(f) Public agency means an agency, bureau, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada that provides police, firefighting, rescue or emergency medical services.
(g) Public safety officer means a person serving a public agency in an official capacity, with or without compensation, as a peace officer, a firefighter or a member of a rescue or emergency medical services crew.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 213Assemblyman Bobzien
CHAPTER 456
[Approved: June 10, 2013]
AN ACT relating to service contracts; revising provisions governing the issuance of a certificate of registration to a provider of a service contract; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, in order to be issued a certificate of registration, a provider who wishes to issue, sell or offer for sale any service contracts in this State must: (1) purchase a contractual liability insurance policy which insures the obligations of each service contract that the provider issues, sells or offers for sale and which is issued by an insurer that is not an affiliate of the provider and is authorized to transact insurance in this State; or (2) maintain, or be a subsidiary of a parent company that maintains, a net worth or stockholders equity of at least $100,000,000. (NRS 690C.170) This bill removes the limitation on the issuance of a contractual liability insurance policy to a provider by an insured who is an affiliate of the provider by authorizing the contractual liability insurance policy to be issued by any insurer who is licensed, registered or otherwise authorized to transact insurance in this State. This bill also authorizes a provider to qualify for the issuance of a certificate of registration by: (1) maintaining a reserve account that contains at all times at least 40 percent of the unearned gross consideration received by the provider for any unexpired contracts; and (2) depositing security with the Commissioner of Insurance in the amount of $25,000 or 10 percent of the unearned gross consideration received by the provider for any unexpired service contracts, whichever is greater.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 690C.170 is hereby amended to read as follows:
690C.170 To be issued a certificate of registration, a provider must comply with one of the following:
κ2013 Statutes of Nevada, Page 2696 (CHAPTER 456, AB 213)κ
1. Purchase a contractual liability insurance policy which insures the obligations of each service contract the provider issues, sells or offers for sale. The contractual liability insurance policy must be issued by an insurer which is [not an affiliate of the provider and which is] licensed, registered or otherwise authorized to transact insurance in this state or pursuant to the provisions of chapter 685A of NRS . [; or]
2. Maintain a reserve account and deposit with the Commissioner security as provided in this subsection. The reserve account must contain at all times an amount of money equal to at least 40 percent of the unearned gross consideration received by the provider for any unexpired service contracts. The Commissioner may examine the reserve account at any time. The provider shall also deposit with the Commissioner security in an amount that is equal to $25,000 or 10 percent of the unearned gross consideration received by the provider for any unexpired service contracts, whichever is greater. The security must be:
(a) A surety bond issued by a surety company authorized to do business in this State;
(b) Securities of the type eligible for deposit pursuant to NRS 682B.030;
(c) Cash;
(d) An irrevocable letter of credit issued by a financial institution approved by the Commissioner; or
(e) In any other form prescribed by the Commissioner.
3. Maintain, or be a subsidiary of a parent company that maintains, a net worth or stockholders equity of at least $100,000,000. Upon request, a provider shall provide to the Commissioner a copy of the most recent Form 10-K report or Form 20-F report filed by the provider or parent company of the provider with the Securities and Exchange Commission within the previous year. If the provider or parent company is not required to file those reports with the Securities and Exchange Commission, the provider shall provide to the Commissioner a copy of the most recently audited financial statements of the provider or parent company. If the net worth or stockholders equity of the parent company of the provider is used to comply with the requirements of this subsection, the parent company must guarantee to carry out the duties of the provider under any service contract issued or sold by the provider.
Sec. 2. This act becomes effective on January 1, 2014.
________
κ2013 Statutes of Nevada, Page 2697κ
Assembly Bill No. 224Assemblymen Elliot Anderson, Bustamante Adams; and Dondero Loop
Joint Sponsors: Senators Woodhouse, Spearman, Parks; and Atkinson
CHAPTER 457
[Approved: June 10, 2013]
AN ACT relating to education; requiring, to the extent money is available, that the automated system of accountability information for Nevada established and maintained by the Department of Education include a unique identifier for each pupil whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard; requiring the board of trustees of each school district to take the actions necessary during the 2013-2014 school year to implement a data system which includes a unique identifier for those pupils; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Education to establish and maintain an automated system of accountability information for Nevada. In part, existing law requires that the system have: (1) a system of unique identification of each pupil; (2) the capacity to track and compare the academic achievement, rate of attendance and rate of graduation of pupils over time throughout the State; and (3) the capacity to perform analyses of the results of individual pupils on assessments. (NRS 386.650) Section 1 of this bill requires, to the extent money is available for this purpose, that the system include a unique identifier for each pupil whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard. Section 2 of this bill requires the board of trustees of each school district during the 2013-2014 school year to: (1) take the actions necessary to implement a data system which includes a unique identifier to track those pupils; and (2) submit a report on the status of the implementation of such a data system to the Legislative Committee on Education. In addition, section 2 requires the Department of Education to submit a report to the Legislative Committee on Education and the 78th Session of the Nevada Legislature on the status of the implementation of the data system required by section 1.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 386.650 is hereby amended to read as follows:
386.650 1. The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:
(a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:
(1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and 385.347; and
(2) In a separate reporting for each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361;
κ2013 Statutes of Nevada, Page 2698 (CHAPTER 457, AB 224)κ
(b) Include a system of unique identification for each pupil:
(1) To ensure that individual pupils may be tracked over time throughout this State; [and]
(2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the Nevada System of Higher Education, if that pupil enrolls in the System after graduation from high school; and
(3) Which must, to the extent money is available for this purpose, include, without limitation, a unique identifier for each pupil whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard in a manner that will allow for the disaggregation of each category;
(c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;
(d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;
(e) Have the capacity to identify which teachers are assigned to individual pupils;
(f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the designation of schools and school districts pursuant to NRS 385.3623 and 385.377, respectively, and an identification of which schools, if any, are persistently dangerous;
(g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and
(h) Be designed to improve the ability of the Department, the sponsors of charter schools, the school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.
Κ The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction. The information must account for at least 50 percent, but must not be used as the sole criterion, in evaluating the performance of or taking disciplinary action against an individual teacher or other employee.
2. The board of trustees of each school district shall:
(a) Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to subsection 3 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;
(b) Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to subsection 3; and
(c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.
κ2013 Statutes of Nevada, Page 2699 (CHAPTER 457, AB 224)κ
3. The Superintendent of Public Instruction shall:
(a) Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;
(b) Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to subsection 2 and by each university school for profoundly gifted pupils;
(c) Prescribe the format for the data;
(d) Prescribe the date by which each school district shall report the data to the Department;
(e) Prescribe the date by which each charter school shall report the data to the sponsor of the charter school;
(f) Prescribe the date by which each university school for profoundly gifted pupils shall report the data to the Department;
(g) Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:
(1) Individual pupils;
(2) Individual teachers;
(3) Individual schools and school districts; and
(4) Programs and financial information;
(h) Provide technical assistance to each school district to ensure that the data from each public school in the school district, including, without limitation, each charter school and university school for profoundly gifted pupils located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and
(i) Provide for the analysis and reporting of the data in the automated system of information.
4. The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.
5. The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the Nevada System of Higher Education to provide access to data contained within the automated system for research purposes.
Sec. 2. 1. During the 2013-2014 school year:
(a) The board of trustees of each school district shall take the actions necessary to implement a data system which includes fields that will allow for a unique identifier to track pupils whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard in a manner that will allow for the disaggregation of each category.
κ2013 Statutes of Nevada, Page 2700 (CHAPTER 457, AB 224)κ
(b) The board of trustees of each school district shall submit a report to the Legislative Committee on Education concerning the status of implementing a data system as set forth in paragraph (a).
(c) The Department of Education shall submit a report to the Legislative Committee on Education concerning the status of implementing a data system which includes a unique identifier to track pupils whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard in a manner that will allow for the disaggregation of each category.
2. On or before February 1, 2015, the Department of Education shall submit a report on the status of implementing the data system set forth in NRS 386.650, as amended by section 1 of this act, to the Director of the Legislative Counsel Bureau for transmittal to the 78th Session of the Nevada Legislature.
Sec. 3. 1. This section and section 2 of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective on July 1, 2014.
________
Assembly Bill No. 226Assemblywoman Bustamante Adams
CHAPTER 458
[Approved: June 10, 2013]
AN ACT relating to insurance; requiring an insurer to request certain information from its insureds, annuity holders and retained asset account holders; requiring an insurer to perform a comparison of the insurers life insurance policies, annuities, benefit contracts and retained asset accounts against the Death Master File from the Social Security Administration or other approved database; requiring an insurer to perform certain actions if a comparison with the Death Master File results in a match with an insured, annuity holder or retained asset account holder; requiring an insurer to notify the State Treasurer of certain unclaimed benefits which revert by escheat to the State and to transfer the unclaimed benefit to the State Treasurer; authorizing the Commissioner of Insurance to issue certain orders relating to certain duties of an insurer; providing that certain violations may constitute an unfair trade practice; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law governs the business of conducting insurance in this State. (Title 57 of NRS) Existing law further regulates the duties of insurers who issue policies of life insurance and annuities in this State. (Chapter 688A of NRS) This bill sets forth new provisions concerning establishing the identity and death of an insured or beneficiary and the payment of death benefits under a policy of life insurance, annuity or retained asset account.
κ2013 Statutes of Nevada, Page 2701 (CHAPTER 458, AB 226)κ
Sections 2.5-6 of this bill define the terms benefit contract, Death Master File, insured, policy of life insurance and retained asset account for the purposes of this bill. Section 7 of this bill requires an insurer, on or before the effective date of a life insurance policy, annuity or benefit contract or on or before the date a retained asset account is established, to request from its insureds, annuity contract holders and retained asset account holders sufficient information to ensure that all benefits are distributed to the correct person upon the death of the insured, annuity holder or retained asset account holder. With certain exceptions, section 8 of this bill requires an insurer, at least semiannually, to perform a comparison of the names on the Death Master File from the Social Security Administration with its insureds life insurance policies, annuities, benefit contracts and retained asset accounts to identify potential matches. If an insurer identifies a potential match through a search of the Death Master File, section 8 requires an insurer to: (1) make a reasonable effort to confirm the death of the insured, annuity holder or retained asset account holder; and (2) determine whether death benefits are due in accordance with the applicable policy or contract. If benefits are due, section 8 also requires an insurer to: (1) make a reasonable effort to locate each beneficiary; and (2) provide each beneficiary with the appropriate claim forms and instructions that detail the procedure for making a claim. Section 9.3 of this bill requires an insurer to notify the State Treasurer upon the reversion by escheat of a benefit under a policy of life insurance or an annuity and transfer to the State Treasurer the unclaimed benefit as soon as practicable after providing notice. Section 9.5 of this bill authorizes the Commissioner of Insurance to issue certain orders modifying the duties of an insurer under the provisions of this bill. Section 9.7 provides that the failure of an insurer to comply with the provisions of this bill may constitute an unfair trade practice.
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. Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 2.5 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 2.5. Benefit contract has the meaning ascribed to it in NRS 695A.003.
Sec. 3. Death Master File means the Death Master File from the Social Security Administration or any other database or service which is at least as comprehensive as the Death Master File from the Social Security Administration and which is acceptable to the Commissioner for determining that a person has reportedly died.
Sec. 4. Insured means:
1. A person covered by a policy of life insurance;
2. A holder of a retained asset account;
3. An annuitant or other owner of an annuity, when the annuity provides for benefits to be paid or other money to be distributed upon the death of the annuitant or other owner of the annuity; or
4. A person covered by a benefit contract under which contractual death benefits are payable to a beneficiary pursuant to NRS 695A.180.
Sec. 5. 1. Policy of life insurance means any policy, contract or certificate of life insurance that provides a death benefit.
2. The term does not include:
κ2013 Statutes of Nevada, Page 2702 (CHAPTER 458, AB 226)κ
(a) A policy or certificate of life insurance that is used to fund a preneed contract or sales agreement for funeral or burial services pursuant to chapter 689 of NRS;
(b) A policy or certificate of credit life insurance or credit accident and health insurance pursuant to chapter 690A of NRS; or
(c) A policy or certificate of accidental death insurance.
Sec. 6. Retained asset account means any account or other mechanism by which the settlement of any proceeds payable under a policy of life insurance is accomplished by the insurer or a person acting on behalf of the insurer by depositing the proceeds into an account with draft or check writing privileges, where the proceeds are retained by the insurer, pursuant to a supplementary contract not involving annuity benefits.
Sec. 6.5. The provisions of this chapter do not apply to any policy of life insurance, annuity or benefit contract that is used to fund or otherwise provide a death benefit under an employee benefit program which is subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.
Sec. 7. On or before the effective date of a policy of life insurance, annuity or benefit contract or on or before the date of the establishment of a retained asset account, and upon any change in an insured, an owner or a beneficiary, an insurer shall request information sufficient to ensure that all benefits are distributed to the appropriate beneficiary upon the death of the insured.
Sec. 8. 1. Except as otherwise provided by order of the Commissioner pursuant to section 9.5 of this act, each insurer shall, at least semiannually, for the purpose of paying death benefits to a beneficiary, perform a comparison against the Death Master File of the policies of life insurance, annuities, benefit contracts and retained asset accounts of its insureds which are in force. For the purposes of this subsection, a policy of life insurance, annuity, benefit contract or retained asset account is in force if, at the time of the death of the insured, the policy, annuity, contract or account has not lapsed, has not been cancelled or has not been terminated, and benefits are payable to a beneficiary or beneficiaries under the policy, annuity, contract or account.
2. Each insurer shall implement reasonable procedures to account for common variations in data that may otherwise preclude an exact match with the Death Master File.
3. Within 90 days after identifying a potential match resulting from a comparison of the Death Master File performed pursuant to subsection 1, the insurer shall:
(a) Make a reasonable effort to confirm the death of the insured against any other available records and information;
(b) Determine whether the deceased insured had purchased any other products of the insurer; and
(c) Determine whether death benefits are due in accordance with the applicable policy of life insurance, annuity or benefit contract and, if death benefits are due:
(1) Make a reasonable effort to locate each beneficiary; and
(2) Provide to each beneficiary who is located the appropriate claim forms and instructions for making a claim under the policy of life insurance, annuity or benefit contract.
κ2013 Statutes of Nevada, Page 2703 (CHAPTER 458, AB 226)κ
4. If the insurer determines that death benefits are due in accordance with the applicable policy, annuity or benefit contract, the insurer shall keep a complete record of all efforts made to locate each beneficiary.
5. If an insurer is unable to locate a beneficiary pursuant to this section, but is otherwise able to reasonably determine the death of an insured and determine that a death benefit is due in accordance with the applicable policy of life insurance, annuity or benefit contract, the death benefit, other than a death benefit payable pursuant to subsection 3 of NRS 695A.210, shall be presumed abandoned in accordance with the provisions of NRS 120A.500.
6. To the extent permitted by law, the insurer may disclose minimum necessary personal information about the insured or beneficiary to a person who the insurer reasonably believes may be able to assist the insurer in locating the beneficiary or a person otherwise entitled to payment of the claims proceeds.
7. With respect to a policy of group life insurance delivered or issued for delivery pursuant to chapter 688B of NRS, an insurer is required to confirm the possible death of an insured pursuant to this chapter if the insurer maintains at least the following information for the insured under such a policy:
(a) Social security number or name and date of birth;
(b) Beneficiary designation information;
(c) Coverage eligibility;
(d) Benefit amount; and
(e) Premium payment status.
Sec. 9. An insurer shall not charge or collect from an insured or a beneficiary any fees or costs associated with any search or verification conducted pursuant to this chapter.
Sec. 9.3. 1. An insurer shall notify the State Treasurer upon the reversion by escheat of a benefit under a policy of life insurance or an annuity. The notice must state that:
(a) The beneficiary under the policy or annuity has failed to submit a claim with the insurer; and
(b) The insurer has complied with section 8 of this act and, after a good faith effort which has been documented pursuant to section 8 of this act, has been unable to contact any beneficiary of the policy or annuity.
2. As soon as practicable after providing notice pursuant to subsection 1, an insurer shall transfer to the State Treasurer the amount of the unclaimed benefit owed under the policy of life insurance or annuity, including any accrued interest thereon.
3. The provisions of this section do not apply to a death benefit which vests under a benefit contract and which is payable pursuant to subsection 3 of NRS 695A.210.
Sec. 9.5. The Commissioner may, after notice and a hearing, issue an order:
1. Authorizing an insurer to limit its comparison against the Death Master File pursuant to section 8 of this act to its files that are searchable electronically.
2. Approving a timeline by which an insurer must convert its files into a form that is searchable electronically.
3. Exempting an insurer from any requirement of section 8 of this act, including authorizing an insurer to perform a comparison against the Death Master File less frequently than semiannually, upon a demonstration of financial hardship by the insurer.
κ2013 Statutes of Nevada, Page 2704 (CHAPTER 458, AB 226)κ
Death Master File less frequently than semiannually, upon a demonstration of financial hardship by the insurer.
4. Approving the plan of an insurer to comply with the requirements of this chapter during the period and in the manner set forth in the plan.
Sec. 9.7. Except as otherwise provided in section 9.5 of this act, the failure of an insurer to comply with any provision of this chapter may constitute an unfair trade practice for the purposes of chapter 686A of NRS.
Sec. 10. The Commissioner may adopt regulations to carry out the provisions of this chapter.
Sec. 11. (Deleted by amendment.)
Sec. 12. This act becomes effective on July 1, 2014.
________
Assembly Bill No. 423Committee on Judiciary
CHAPTER 459
[Approved: June 10, 2013]
AN ACT relating to criminal procedure; establishing certain time limitations regarding the disclosure of the factual content of reports of presentence investigations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Division of Parole and Probation of the Department of Public Safety to disclose to the prosecuting attorney, the counsel for the defendant and the defendant the factual content of the report of any: (1) presentence investigation made by the Division and the recommendations of the Division; and (2) general investigation made by the Division. The Division is also required to give each party an opportunity to object to any factual errors in any such report and to comment on any recommendations. (NRS 176.156)
Section 1 of this bill requires the Division to disclose the factual content of the report of any presentence investigation made by the Division and the recommendations of the Division to the prosecuting attorney, the counsel for the defendant, the defendant and the court not later than 7 working days before the defendant will be sentenced, unless the defendant waives this minimum period. Sections 3.3, 3.7 and 5 of this bill provide that beginning on March 1, 2014, the minimum period designated pursuant to section 1 becomes 14 working days before sentencing, and beginning on October 1, 2014, the minimum period becomes 21 working days before sentencing.
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 176 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in this section, the Division shall disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court, not later than 7 working days before the defendant will be sentenced, the factual content of the report of any presentence investigation made pursuant to NRS 176.135 and the recommendations of the Division.
κ2013 Statutes of Nevada, Page 2705 (CHAPTER 459, AB 423)κ
investigation made pursuant to NRS 176.135 and the recommendations of the Division. The defendant may waive the minimum period required by this section.
Sec. 2. NRS 176.133 is hereby amended to read as follows:
176.133 As used in NRS 176.133 to 176.161, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Person professionally qualified to conduct psychosexual evaluations means a person who has received training in conducting psychosexual evaluations and is:
(a) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;
(b) A psychologist licensed to practice in this State;
(c) A social worker holding a masters degree in social work and licensed in this State as a clinical social worker;
(d) A registered nurse holding a masters degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;
(e) A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS; or
(f) A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.
2. Psychosexual evaluation means an evaluation conducted pursuant to NRS 176.139.
3. Sexual offense means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(f) Incest pursuant to NRS 201.180;
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;
(h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;
(i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
(j) Lewdness with a child pursuant to NRS 201.230;
(k) Sexual penetration of a dead human body pursuant to NRS 201.450;
(l) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;
(m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive, if punished as a felony; or
(n) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
Sec. 3. NRS 176.156 is hereby amended to read as follows:
176.156 1. The Division shall disclose to the prosecuting attorney, the counsel for the defendant and the defendant the factual content of the report of:
κ2013 Statutes of Nevada, Page 2706 (CHAPTER 459, AB 423)κ
(a) Any presentence investigation made pursuant to NRS 176.135 and the recommendations of the Division [.] , in the period provided in section 1 of this act.
(b) Any general investigation made pursuant to NRS 176.151.
Κ The Division shall afford an opportunity to each party to object to factual errors in any such report and to comment on any recommendations.
2. Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to a law enforcement agency of this State or a political subdivision thereof and to a law enforcement agency of the Federal Government for the limited purpose of performing their duties, including, without limitation, conducting hearings that are public in nature.
3. Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to the Division of Mental Health and Developmental Services of the Department of Health and Human Services for the limited purpose of performing its duties, including, without limitation, evaluating and providing any report or information to the Division concerning the mental health of:
(a) A sex offender as defined in NRS 213.107; or
(b) An offender who has been determined to be mentally ill.
4. Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to the State Gaming Control Board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.
5. Except for the disclosures required by subsections 1 to 4, inclusive, a report of a presentence investigation or general investigation and the sources of information for such a report are confidential and must not be made a part of any public record.
Sec. 3.3. Section 1 of this act is hereby amended to read as follows:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in this section, the Division shall disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court, not later than [7] 14 working days before the defendant will be sentenced, the factual content of the report of any presentence investigation made pursuant to NRS 176.135 and the recommendations of the Division. The defendant may waive the minimum period required by this section.
Sec. 3.7. Section 1 of this act is hereby amended to read as follows:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in this section, the Division shall disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court, not later than [14] 21 working days before the defendant will be sentenced, the factual content of the report of any presentence investigation made pursuant to NRS 176.135 and the recommendations of the Division. The defendant may waive the minimum period required by this section.
κ2013 Statutes of Nevada, Page 2707 (CHAPTER 459, AB 423)κ
Sec. 4. The amendatory provisions of this act apply to a report of any presentence investigation that is made on or after October 1, 2013.
Sec. 5. 1. This section and sections 1, 2, 3 and 4 of this act become effective on October 1, 2013.
2. Section 3.3 of this act becomes effective on March 1, 2014.
3. Section 3.7 of this act becomes effective on October 1, 2014.
________
Assembly Bill No. 424Committee on Government Affairs
CHAPTER 460
[Approved: June 10, 2013]
AN ACT relating to the State Fire Marshal; authorizing the State Fire Marshal and the State Board of Fire Services to issue administrative citations; requiring the Board to establish by regulation a schedule of administrative fines; establishing provisions for the contest of such citations; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the membership and duties of the State Fire Marshal and the State Board of Fire Services. (NRS 477.030, 477.071-477.090) Section 2 of this bill authorizes the State Fire Marshal and the Board to issue a written administrative citation if the State Fire Marshal or the Board, based upon a preponderance of the evidence, has reason to believe that a person has violated any statute or regulation relating to the State Fire Marshal. Section 2 also requires the Board to establish by regulation a schedule of administrative fines based on the severity or frequency of the violation. Section 3 of this bill establishes the procedure by which a person may contest an administrative citation.
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 477 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If the State Fire Marshal or the Board, based upon a preponderance of the evidence, has reason to believe that a person has committed a violation of this chapter or the regulations of the State Fire Marshal, the State Fire Marshal or the Board may issue a written administrative citation to the person.
2. A citation issued pursuant to this section includes, without limitation, an order to:
(a) Take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the State Fire Marshal, at the persons cost;
κ2013 Statutes of Nevada, Page 2708 (CHAPTER 460, AB 424)κ
(b) Pay an administrative fine imposed in accordance with the schedule of administrative fines prescribed by the Board pursuant to subsection 4; and
(c) Reimburse the State Fire Marshal or the Board for the amount of the expense incurred to investigate the complaint.
3. If a written citation issued pursuant to subsection 1 includes an order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the State Fire Marshal, the citation must state the time permitted for compliance, which must be not less than 15 business days after the date the person receives the citation, and must specifically describe the action required to be taken.
4. The Board shall by regulation establish a schedule of at least three different levels of administrative fines not to exceed $50,000, based on the severity and frequency of the violation of any provision of this chapter or any regulation of the State Fire Marshal.
5. The sanctions authorized by subsection 2 are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.
6. The failure of an unlicensed person to comply with a citation or order after it is final is a misdemeanor. If an unlicensed person does not pay an administrative fine imposed pursuant to this section within 60 days after the order of the State Fire Marshal or the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.
Sec. 3. 1. A person who is issued a written citation pursuant to section 2 of this act may contest the citation within 15 business days after the date on which the citation is served on the person.
2. A person may contest, without limitation:
(a) The facts forming the basis for the determination that the person has committed an act which constitutes a violation of this chapter or the regulations of the State Fire Marshal;
(b) The time allowed to take any corrective action ordered;
(c) The amount of any administrative fine ordered;
(d) The amount of any order to reimburse the State Fire Marshal or the Board for the expenses incurred to investigate the person; and
(e) Whether any corrective action described in the citation is reasonable.
3. If a person does not contest a citation issued pursuant to section 2 of this act within 15 business days after the date on which the citation is served on the person, or on or before such later date as specified by the State Fire Marshal or the Board pursuant to subsection 4, the citation shall be deemed a final order of the State Fire Marshal or the Board and not subject to review by any court or agency.
4. The State Fire Marshal or the Board may, for good cause shown, extend the time to contest a citation issued pursuant to section 2 of this act.
5. For the purposes of this section, a citation shall be deemed to have been served on a person on:
(a) The date on which the citation is personally delivered to the person; or
κ2013 Statutes of Nevada, Page 2709 (CHAPTER 460, AB 424)κ
(b) If the citation is mailed, the date on which the citation is mailed by certified mail to the last known business or residential address of the person.
Sec. 4. NRS 477.071 is hereby amended to read as follows:
477.071 As used in NRS 477.071 to 477.090, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, Board means the State Board of Fire Services created pursuant to NRS 477.073.
Sec. 5. This act becomes effective:
1. Upon passage and approval for the purpose of adopting regulations; and
2. On January 1, 2014, for all other purposes.
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Assembly Bill No. 503Assemblywoman Kirkpatrick
CHAPTER 461
[Approved: June 10, 2013]
AN ACT relating to local financial administration; revising temporarily provisions governing the use by a local government of money in an enterprise fund; requiring the Committee on Local Government Finance to adopt certain regulations; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law restricts the use by a local government of money in an enterprise fund, money collected from fees imposed for the purpose for which an enterprise fund was created or any income or interest earned on money in an enterprise fund under certain circumstances. (NRS 354.613) Section 1 of this bill authorizes temporarily the governing body of a local government to loan or transfer such money if the ending fund balance of the general fund of the local government at the end of a fiscal year is less than 9 percent of the total expenditures of the local government from the general fund during that fiscal year. Any such loan or transfer requires the prior approval of the Committee on Local Government Finance. Any money loaned or transferred by the governing body pursuant to section 1 must be used only, in order of priority: (1) to restore police and fire services; (2) to restore the operation of libraries, parks and other recreational services; and (3) to settle any legal claim outstanding on the date on which the loan or transfer is made. Section 1 requires the governing body of a local government that loans or transfers money pursuant to that section to make certain quarterly reports to the Committee on Local Government Finance concerning the loan or transfer. Section 1 also requires the Committee to adopt regulations specifying the procedure for obtaining the approval of the Committee required by that section.
Section 9.5 of this bill requires the governing body of any local government which makes such a loan or transfer to report certain information to the Director of the Legislative Counsel Bureau on or before January 15, 2015, for transmittal to the Audit Division of the Bureau and to the Legislature.
κ2013 Statutes of Nevada, Page 2710 (CHAPTER 461, AB 503)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. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section and notwithstanding any provision of NRS 354.613 to the contrary, if the ending fund balance of the general fund of a local government at the end of a fiscal year is less than 9 percent of the total expenditures of the local government from the general fund during that fiscal year, as reflected in the report of the annual audit prepared for the local government pursuant to NRS 354.624, the governing body of the local government may, during the following fiscal year, by resolution and with the prior approval of the Committee on Local Government Finance, loan or transfer money from an enterprise fund, money collected from fees imposed for the purpose for which an enterprise fund was created or any income or interest earned on money in an enterprise fund.
2. Any money loaned or transferred by the governing body of a local government pursuant to subsection 1 may be used only for the purposes listed in this subsection, in the following order of priority:
(a) To restore police and fire services;
(b) To restore the operation of libraries, parks and other recreational services; and
(c) To settle any legal claim outstanding on the date on which the loan or transfer authorized by subsection 1 is made.
3. The governing body of a local government that loans or transfers any money pursuant to subsection 1 shall submit a quarterly report to the Committee on Local Government Finance which includes all of the information required pursuant to subsections 4 and 5.
4. Each report submitted by the governing body of a local government pursuant to subsection 3 must include, without limitation:
(a) Information about any increase in a fee described in subsection 1 imposed by the local government;
(b) Any change to salaries or benefits paid to employees of the local government;
(c) Any change to a collective bargaining agreement negotiated pursuant to chapter 288 of NRS to which the local government is a party; and
(d) Any information prescribed by regulation of the Committee on Local Government Finance pursuant to subsection 6.
5. In addition to the requirements set forth in subsection 4, if, for any fiscal year, the difference between budgeted and actual general fund revenues or expenditures for the local government is more than 5 percent for any category of revenues or expenditures, as provided in the report of the annual audit prepared for the local government pursuant to NRS 354.624, in addition to the requirements set forth in subsection 4, the first quarterly report submitted to the Committee on Local Government Finance after the audit report is submitted to the local government must include an explanation of the difference.
κ2013 Statutes of Nevada, Page 2711 (CHAPTER 461, AB 503)κ
6. The Committee on Local Government Finance:
(a) Shall adopt regulations specifying the procedure for obtaining the approval of the Committee required by subsection 1; and
(b) May prescribe by regulation any additional information which must be included in the reports submitted by the governing body of a local government pursuant to subsection 3.
7. The provisions of this section:
(a) Apply only to a local government which has, during each of the 5 fiscal years immediately preceding the effective date of this act, loaned or transferred:
(1) Money from an enterprise fund;
(2) Money collected from fees imposed for the purpose for which an enterprise fund was created; or
(3) Any income or interest earned on money in an enterprise fund.
(b) Do not apply to an enterprise fund created for an airport owned and operated by a local government.
Sec. 2. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, and section 1 of this act may be cited as the Local Government Budget and Finance Act.
Sec. 3. NRS 354.472 is hereby amended to read as follows:
354.472 1. The purposes of NRS 354.470 to 354.626, inclusive, and section 1 of this act are:
(a) To establish standard methods and procedures for the preparation, presentation, adoption and administration of budgets of all local governments.
(b) To enable local governments to make financial plans for programs of both current and capital expenditures and to formulate fiscal policies to accomplish these programs.
(c) To provide for estimation and determination of revenues, expenditures and tax levies.
(d) To provide for the control of revenues, expenditures and expenses in order to promote prudence and efficiency in the expenditure of public money.
(e) To provide specific methods enabling the public, taxpayers and investors to be apprised of the financial preparations, plans, policies and administration of all local governments.
2. For the accomplishment of these purposes, the provisions of NRS 354.470 to 354.626, inclusive, and section 1 of this act must be broadly and liberally construed.
Sec. 4. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, and section 1 of this act apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive [:] , and section 1 of this act:
(a) Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318 and 379 of NRS, NRS 450.550 to 450.750, inclusive, and chapters 474, 541, 543 and 555 of NRS, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
κ2013 Statutes of Nevada, Page 2712 (CHAPTER 461, AB 503)κ
inclusive, and chapters 474, 541, 543 and 555 of NRS, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
(b) Local government includes the Nevada Rural Housing Authority for the purpose of loans of money from a local government in a county whose population is less than 100,000 to the Nevada Rural Housing Authority in accordance with NRS 354.6118. The term does not include the Nevada Rural Housing Authority for any other purpose.
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, and section 1 of this act, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, and section 1 of this act in addition to the requirements of chapter 539 of NRS.
3. An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, and section 1 of this act for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Utilities Service of the United States Department of Agriculture.
Sec. 5. NRS 354.476 is hereby amended to read as follows:
354.476 As used in NRS 354.470 to 354.626, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.479 to 354.578, inclusive, have the meanings ascribed to them in those sections.
Sec. 6. NRS 354.590 is hereby amended to read as follows:
354.590 Whenever the terms of NRS 354.470 to 354.626, inclusive, and section 1 of this act require or refer to action of a governing body by resolution, the governing body may at its discretion act by ordinance, if it is otherwise authorized by law to adopt ordinances.
Sec. 7. NRS 354.594 is hereby amended to read as follows:
354.594 The Committee on Local Government Finance shall determine and advise local government officers of regulations, procedures and report forms for compliance with NRS 354.470 to 354.626, inclusive [.] , and section 1 of this act.
Sec. 8. NRS 354.613 is hereby amended to read as follows:
354.613 1. Except as otherwise provided in this section [,] and section 1 of this act, the governing body of a local government may, on or after July 1, 2011, loan or transfer money from an enterprise fund, money collected from fees imposed for the purpose for which an enterprise fund was created or any income or interest earned on money in an enterprise fund only if the loan or transfer is made:
(a) In accordance with a medium-term obligation issued by the recipient in compliance with the provisions of chapter 350 of NRS, the loan or transfer is proposed to be made and the governing body approves the loan or transfer under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and:
κ2013 Statutes of Nevada, Page 2713 (CHAPTER 461, AB 503)κ
(1) The money is repaid in full to the enterprise fund within 5 years; or
(2) If the recipient will be unable to repay the money in full to the enterprise fund within 5 years, the recipient notifies the Committee on Local Government Finance of:
(I) The total amount of the loan or transfer;
(II) The purpose of the loan or transfer;
(III) The date of the loan or transfer; and
(IV) The estimated date that the money will be repaid in full to the enterprise fund;
(b) To pay the expenses related to the purpose for which the enterprise fund was created;
(c) For a cost allocation for employees, equipment or other resources related to the purpose of the enterprise fund which is approved by the governing body under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body; or
(d) Upon the dissolution of the enterprise fund.
2. Except as otherwise provided in this section, the governing body of a local government may increase the amount of any fee imposed for the purpose for which an enterprise fund was created only if the governing body approves the increase under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and the governing body determines that:
(a) The increase is not prohibited by law;
(b) The increase is necessary for the continuation or expansion of the purpose for which the enterprise fund was created; and
(c) All fees that are deposited in the enterprise fund are used solely for the purposes for which the fees are collected.
3. Upon the adoption of an increase in any fee pursuant to subsection 2, the governing body shall, except as otherwise provided in this subsection, provide to the Department of Taxation an executed copy of the action increasing the fee. This requirement does not apply to the governing body of a federally regulated airport.
4. The provisions of subsection 2 do not limit the authority of the governing body of a local government to increase the amount of any fee imposed upon a public utility in compliance with the provisions of NRS 354.59881 to 354.59889, inclusive, for a right-of-way over any public area if the public utility is billed separately for that fee. As used in this subsection, public utility has the meaning ascribed to it in NRS 354.598817.
5. This section must not be construed to:
(a) Prohibit a local government from increasing a fee or using money in an enterprise fund to repay a loan lawfully made to the enterprise fund from another fund of the local government; or
(b) Prohibit or impose any substantive or procedural limitations on any increase of a fee that is necessary to meet the requirements of an instrument that authorizes any bonds or other debt obligations which are secured by or payable from, in whole or in part, money in the enterprise fund or the revenues of the enterprise for which the enterprise fund was created.
κ2013 Statutes of Nevada, Page 2714 (CHAPTER 461, AB 503)κ
6. The Department of Taxation shall provide to the Committee on Local Government Finance a copy of each report submitted to the Department on or after July 1, 2011, by a county or city pursuant to NRS 354.6015. The Committee shall:
(a) Review each report to determine whether the governing body of the local government is in compliance with the provisions of this section; and
(b) On or before January 15 of each odd-numbered year, submit a report of its findings to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
7. A fee increase imposed in violation of this section must not be invalidated on the basis of that violation. The sole remedy for a violation of this section is the penalty provided in NRS 354.626. Any person who pays a fee for the enterprise for which the enterprise fund is created may file a complaint with the district attorney or Attorney General alleging a violation of this section for prosecution pursuant to NRS 354.626.
8. For the purposes of paragraph (c) of subsection 1, the Committee on Local Government Finance shall adopt regulations setting forth the extent to which general, overhead, administrative and similar expenses of a local government of a type described in paragraph (c) of subsection 1 may be allocated to an enterprise fund. The regulations must require that:
(a) Each cost allocation makes an equitable distribution of all general, overhead, administrative and similar expenses of the local government among all activities of the local government, including the activities funded by the enterprise fund; and
(b) Only the enterprise funds equitable share of those expenses may be treated as expenses of the enterprise fund and allocated to it pursuant to paragraph (c) of subsection 1.
9. Except as otherwise provided in subsections 10 and 11, if a local government has subsidized its general fund with money from an enterprise fund for the 5 fiscal years immediately preceding the fiscal year beginning on July 1, 2011, the provisions of subsection 1 do not apply until July 1, 2021, to transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund if the local government:
(a) Does not increase the amount of the transfers to subsidize the general fund in any fiscal year beginning on or after July 1, 2011, above the amount transferred in the fiscal year ending on June 30, 2011, except for loans and transfers that comply with the provisions of subsection 1; and
(b) Does not, on or after July 1, 2011, increase any fees for any enterprise fund used to subsidize the general fund except for increases described in paragraph (b) of subsection 5.
10. On or before July 1, 2012, a local government to which the provisions of subsection 9 apply shall adopt a plan to eliminate, on or before the fiscal year beginning on July 1, 2021, all transfers from any enterprise funds to subsidize the general fund that are not made in compliance with subsection 1. A copy of the plan must be filed with the Department of Taxation on or before July 15, 2012.
11. On and after July 1, 2012, the provisions of subsection 9 do not apply to a local government that fails to comply with the provisions of subsection 10.
κ2013 Statutes of Nevada, Page 2715 (CHAPTER 461, AB 503)κ
Sec. 9. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, medium-term obligation repayments and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, and section 1 of this act is guilty of a misdemeanor and upon conviction thereof ceases to hold his or her office or employment. Prosecution for any violation of this section may be conducted by the Attorney General or, in the case of incorporated cities, school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:
(a) Purchase of coverage and professional services directly related to a program of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.
(f) Contracts between a local government and any person for the construction or completion of public works, money for which has been or will be provided by the proceeds of a sale of bonds, medium-term obligations or an installment-purchase agreement and that are entered into by the local government after:
(1) Any election required for the approval of the bonds or installment-purchase agreement has been held;
(2) Any approvals by any other governmental entity required to be obtained before the bonds, medium-term obligations or installment-purchase agreement can be issued have been obtained; and
(3) The ordinance or resolution that specifies each of the terms of the bonds, medium-term obligations or installment-purchase agreement, except those terms that are set forth in subsection 2 of NRS 350.165, has been adopted.
Κ Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.
(g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies, services and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year.
κ2013 Statutes of Nevada, Page 2716 (CHAPTER 461, AB 503)κ
government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.
(h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.
(i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.
(j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.
(k) The receipt by a local government of increased revenue that:
(1) Was not anticipated in the preparation of the final budget of the local government; and
(2) Is required by statute to be remitted to another governmental entity.
(l) An agreement authorized pursuant to NRS 277A.370.
Sec. 9.5. 1. The governing body of any local government that loans or transfers money from an enterprise fund pursuant to section 1 of this act on or before December 1, 2014, shall, on or before January 15, 2015, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Audit Division of the Bureau. The report must include:
(a) A copy of the audit report prepared for the local government pursuant to NRS 354.624 for the fiscal years ending on June 30, 2013, and June 30, 2014; and
(b) A copy of each quarterly report previously submitted by the governing body to the Committee on Local Government Finance pursuant to section 1 of this act.
2. The Audit Division shall review the report submitted by the governing body pursuant to subsection 1 and transmit the report, with the comments of the Audit Division, to the 78th Session of the Legislature.
Sec. 10. This act becomes effective upon passage and approval and expires by limitation on June 30, 2017.
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