[Rev. 2/8/2019 9:26:56 AM]
κ2005 Statutes of Nevada, Page 1505 (CHAPTER 387, SB 396)κ
(c) Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from a landfill.
(d) Leachate collection and removal system means a layer of granular or synthetic materials installed above a liner and operated in conjunction with drains, pipes, sumps and pumps or other means designed to collect and remove leachate from a landfill.
Sec. 10. NRS 459.545 is hereby amended to read as follows:
459.545 1. [The] Except as otherwise provided in subsection 3, the Commission may by regulation adopt a procedure under which an applicant or holder of a permit may demonstrate that a standard he proposes would offer protection of human health, public safety and the environment which is equivalent to a standard of the Commission.
2. [The] Except as otherwise provided in subsection 3, the Commission may specify certain standards which may be considered for substitution pursuant to this section.
3. The Commission may not by regulation adopt a procedure or specify a standard which would allow a facility for the disposal of hazardous waste to construct or operate a landfill in a manner that fails to comply with the requirements of subsection 7 of NRS 459.520.
Sec. 11. NRS 459.546 is hereby amended to read as follows:
459.546 1. [The] Except as otherwise provided in subsection 4, the owner or operator of a facility for the treatment, storage or disposal of hazardous waste or a person who wishes to construct such a facility may apply to the Commission for a variance from its applicable regulations. The Commission may grant a variance only if, after a public hearing on due notice, it finds from a preponderance of the evidence that:
(a) The facility or proposed facility, under the worst adverse conditions, does not or will not endanger or tend to endanger the environment and human health or safety; and
(b) Compliance with the regulations would produce serious hardship without equal or greater benefits to the environment or public.
2. The Commission shall not grant a variance unless it has considered in the following order of priority the interests of:
(a) The public;
(b) Other owners of property likely to be affected by the emissions or discharge; and
(c) The applicant.
3. The Commission may:
(a) Upon granting a variance, impose certain conditions upon the applicant; or
(b) Revoke the variance if the applicant fails to comply with those conditions.
4. The Commission shall not grant a variance from its applicable regulations that would allow a facility for the disposal of hazardous waste to construct or operate a landfill in a manner that fails to comply with the requirements of subsection 7 of NRS 459.520.
Sec. 12. NRS 444.587 is hereby repealed.
Sec. 13. The amendatory provisions of sections 9, 10 and 11 of this act do not apply to an existing landfill that undergoes or commences closure on or before December 31, 2005.
________
κ2005 Statutes of Nevada, Page 1506κ
Assembly Bill No. 128Assemblymen Weber, Mabey, McCleary, Sherer, Angle, Claborn, Gansert, Goicoechea, Grady, Hardy, Hettrick, McClain, Munford, Ohrenschall and Seale
CHAPTER 388
AN ACT relating to taxation; requiring the Department of Taxation and county assessors and treasurers to provide certain information concerning property taxes on the Internet; requiring a county assessor to include certain information in a notice of assessed valuation; requiring the ex officio tax receiver of a county to include certain information in an individual tax bill or individual tax notice; requiring the ex officio tax receiver of a county to include certain tax information in a certain published notice; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall, to the extent feasible, provide information on its website or other Internet site concerning property taxes, including, without limitation:
(a) A description of the assessment process;
(b) An explanation of the manner in which property taxes are calculated;
(c) The rates of taxes imposed by various taxing entities; and
(d) The revenues generated by those taxes.
2. The information provided pursuant to subsection 1 must, to the extent practicable, be in a form that is easily understood and readily accessible to the public. The Department shall coordinate with each county in this State to disseminate information concerning property taxes and revenue including, without limitation, by providing links from the website or other Internet site maintained pursuant to subsection 1 to similar websites or other Internet sites maintained by counties in this State.
3. Each county assessor and county treasurer shall, to the extent feasible, provide on a website or other Internet site, if any, that is operated or administered by or on behalf of the county or the county assessor or treasurer, information that is similar to the information provided by the Department pursuant to subsection 1. The information must, to the extent practicable, be in a form that is easily understood and readily accessible to the public.
4. The Department and each county shall update and upgrade the websites or other Internet sites maintained pursuant to this section to the extent necessary to improve the quantity, quality and accessibility of the information provided to the public on the Internet.
Sec. 2. NRS 361.300 is hereby amended to read as follows:
361.300 1. On or before January 1 of each year, the county assessor shall transmit to the county clerk, post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the secured tax roll is completed and open for inspection by interested persons of the county.
κ2005 Statutes of Nevada, Page 1507 (CHAPTER 388, AB 128)κ
publish in a newspaper published in the county a notice to the effect that the secured tax roll is completed and open for inspection by interested persons of the county.
2. If the county assessor fails to complete the assessment roll in the manner and at the time specified in this section, the board of county commissioners shall not allow him a salary or other compensation for any day after January 1 during which the roll is not completed, unless excused by the board of county commissioners.
3. Except as otherwise provided in subsection 4, each board of county commissioners shall by resolution, before December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers on the secured roll in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:
(a) To cause such list and valuations to be printed and delivered by the county assessor or mailed by him on or before January 1 of the fiscal year in which assessment is made to each taxpayer in the county; or
(b) To cause such list and valuations to be published once on or before January 1 of the fiscal year in which assessment is made in a newspaper of general circulation in the county.
Κ In addition to complying with paragraph (a) or (b), the list and valuations may also be posted in a public area of the public libraries and branch libraries located in the county, in a public area of the county courthouse and the county office building in which the county assessors office is located, and on a website or other Internet site that is operated or administered by or on behalf of the county or county assessor.
4. A board of county commissioners may, in the resolution required by subsection 3, authorize the county assessor not to deliver or mail the list, as provided in paragraph (a) of subsection 3, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his assessment. Failure by a taxpayer to receive such a mailed statement does not invalidate any assessment.
5. The several boards of county commissioners in the State may allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.
6. Whenever property is appraised or reappraised pursuant to NRS 361.260, the county assessor shall, on or before December 18 of the fiscal year in which the appraisal or reappraisal is made, deliver or mail to each owner of such property a written notice stating [its] the assessed valuation of the property as determined from the appraisal or reappraisal.
7. If the secured tax roll is changed pursuant to NRS 361.310, the county assessor shall mail an amended notice of assessed valuation to each affected taxpayer. The notice must include [the] :
(a) The information set forth in subsection 6 for the new assessed valuation.
(b) The dates for appealing the new assessed valuation.
8. Failure by the taxpayer to receive a notice required by this section does not invalidate the appraisal or reappraisal.
9. In addition to complying with subsections 6 and 7, a county assessor shall:
(a) Provide without charge a copy of a notice of assessed valuation to the owner of the property upon request.
κ2005 Statutes of Nevada, Page 1508 (CHAPTER 388, AB 128)κ
(b) Post the information included in a notice of assessed valuation on a website or other Internet site, if any, that is operated or administered by or on behalf of the county or the county assessor.
Sec. 3. NRS 361.4545 is hereby amended to read as follows:
361.4545 1. On or before May 5 of each year or within 5 days after receiving the projections of revenue from the Department, whichever is later, the ex officio tax receivers shall prepare and cause to be published in a newspaper of general circulation in their respective counties, a notice which contains at least the following information:
(a) A statement that the notice is not a bill for taxes owed but an informational notice. The notice must state:
(1) That public hearings will be held on the dates listed in the notice to adopt budgets and tax rates for the fiscal year beginning on July 1;
(2) That the purpose of the public hearings is to receive opinions from members of the public on the proposed budgets and tax rates before final action is taken thereon; and
(3) The tax rate to be imposed by the county and each political subdivision within the county for the ensuing fiscal year if the tentative budgets which affect the property in those areas become final budgets.
(b) A brief description of the limitation imposed by the Legislature on the revenue of the local governments.
(c) The dates, times and locations of all of the public hearings on the tentative budgets which affect the taxes on property.
(d) The names and addresses of the county assessor and ex officio tax receiver who may be consulted for further information.
(e) A brief statement of how property is assessed and how the combined tax rate is determined.
(f) A telephone number and Internet website at which a person may obtain an explanation of each component tax that forms part of the total rate of tax levied upon property in the county. The explanation must identify:
(1) The statutory authority pursuant to which each component tax is levied; and
(2) If the component tax was approved by the voters:
(I) The year in which the tax was first collected; and
(II) The year in which the authority to collect the tax expires, if any.
Κ The notice must be displayed in the format used for news and must be printed in not less than 10-point type on at least one-half of a page of the newspaper.
2. Each ex officio tax receiver shall prepare and cause to be published in a newspaper of general circulation within the county:
(a) A notice, displayed in the format used for news and printed in not less than [8‑point] 10-point type, disclosing any increase in the property taxes as a result of any change in the tentative budget.
(b) A notice, displayed in the format used for advertisements and printed in not less than [8‑point] 10-point type on at least one quarter of a page of the newspaper, disclosing any amount in cents on each $100 of assessed valuation by which the highest combined tax rate for property in the county exceeds $3.64 on each $100 of assessed valuation.
Κ These notices must be published within 10 days after the receipt of the information pursuant to NRS 354.596.
κ2005 Statutes of Nevada, Page 1509 (CHAPTER 388, AB 128)κ
Sec. 4. NRS 361.480 is hereby amended to read as follows:
361.480 1. Upon receiving the assessment roll from the county auditor, the ex officio tax receiver shall proceed to receive taxes.
2. He shall give notice at least quarterly by publication in some newspaper published in his county, and if none is so published then by posting notices in three public and conspicuous places in the county, specifying:
(a) The dates when taxes are due; and
(b) The penalties for delinquency.
3. He shall mail to each property owner, or to the holder of the mortgage on that property, an individual tax bill which includes [all] :
(a) All of the information supplied to him by the county auditor.
(b) A statement explaining how to obtain the information set forth in the notices published by the ex officio tax receiver pursuant to NRS 361.4545.
Κ If the holder of a mortgage receives such a bill on behalf of a property owner, he shall forward the bill or a copy thereof to the owner in the next notice of billing sent to the owner for the mortgage. Failure to receive an individual tax bill does not excuse the taxpayer from the timely payment of his taxes.
4. If, in lieu of an individual tax bill, an ex officio tax receiver mails an individual tax notice to a property owner, the notice must include the information required for the individual tax bill pursuant to subsection 3.
5. In addition to complying with subsections 3 and 4, an ex officio tax receiver shall:
(a) Provide without charge a copy of an individual tax bill or individual tax notice to the property owner upon request.
(b) Post the information included in an individual tax bill or individual tax notice on a website or other Internet site, if any, that is operated or administered by or on behalf of the county or the ex officio tax receiver.
________
Senate Bill No. 339Senator Amodei
CHAPTER 389
AN ACT relating to taxation; revising the provisions concerning the average hourly wage that must be paid by a new or expanded business seeking a partial abatement of certain taxes; prohibiting the Commission on Economic Development from considering an application for an abatement without requesting a letter of acknowledgment of the request for the abatement from certain affected local governments; requiring the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to determine the average hourly wage for nonmanagerial employees and report to the Legislature concerning the average hourly wage required to be paid to be eligible for the partial abatement of certain taxes; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
κ2005 Statutes of Nevada, Page 1510 (CHAPTER 389, SB 339)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.750 is hereby amended to read as follows:
360.750 1. A person who intends to locate or expand a business in this State may apply to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 363B or 374 of NRS.
2. The Commission on Economic Development shall approve an application for a partial abatement if the Commission makes the following determinations:
(a) The business is consistent with:
(1) The State Plan for Industrial Development and Diversification that is developed by the Commission pursuant to NRS 231.067; and
(2) Any guidelines adopted pursuant to the State Plan.
(b) The applicant has executed an agreement with the Commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection. The agreement must bind the successors in interest of the business for the specified period.
(c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
(d) Except as otherwise provided in NRS 361.0687, 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 Commission by regulation pursuant to subsection 9.
(e) Except as otherwise provided in NRS 361.0687, 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.
κ2005 Statutes of Nevada, Page 1511 (CHAPTER 389, SB 339)κ
(2) Establishing the business will require the business to make a capital investment of at least $250,000 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 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 Commission by regulation pursuant to subsection 9.
(f) 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) Department, 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 [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] 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 Commission by regulation pursuant to subsection 9.
(g) In lieu of meeting the requirements of paragraph (d), (e) or (f), 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 [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] 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:
κ2005 Statutes of Nevada, Page 1512 (CHAPTER 389, SB 339)κ
Department of Employment, Training and Rehabilitation on July 1 of each fiscal year] 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 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 Commission by regulation pursuant to subsection 9.
3. Notwithstanding the provisions of subsection 2, the Commission on Economic Development [may:
(a) Approve] :
(a) Shall not consider an application for a partial abatement unless the Commission has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.
(b) May, if the Commission determines that such action is necessary:
(1) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2;
[(b)] (2) Make the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2 more stringent; or
[(c)] (3) Add additional requirements that a business must meet to qualify for a partial abatement . [,
Κ if the Commission determines that such action is necessary.]
4. If a person submits an application to the Commission on Economic Development pursuant to subsection 1, the Commission shall provide notice to the governing body of the county , the board of trustees of the school district and the governing body of the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the Commission will consider the application.
5. If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:
(a) The Department;
(b) The Nevada Tax Commission; and
(c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.
6. An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Commission on Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
7. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:
(a) To meet the requirements set forth in subsection 2; or
(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,
Κ the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section.
κ2005 Statutes of Nevada, Page 1513 (CHAPTER 389, SB 339)κ
section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
8. A county treasurer:
(a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and
(b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.
9. The Commission on Economic Development:
(a) Shall adopt regulations relating to:
(1) The minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and
(2) The notice that must be provided pursuant to subsection 4.
(b) May adopt such other regulations as the Commission on Economic Development determines to be necessary to carry out the provisions of this section.
10. The Nevada Tax Commission:
(a) Shall adopt regulations regarding:
(1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d), (e) or (g) of subsection 2; and
(2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.
(b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.
11. An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.
Sec. 2. NRS 361.0687 is hereby amended to read as follows:
361.0687 1. A person who intends to locate or expand a business in this State may, pursuant to NRS 360.750, apply to the Commission on Economic Development for a partial abatement from the taxes imposed by this chapter.
2. For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the Commission on Economic Development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:
(a) 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:
(1) The business will make a capital investment in the county of at least $50,000,000 if the business is an industrial or manufacturing business or at least $2,000,000 if the business is not an industrial or manufacturing business; and
(2) 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.
κ2005 Statutes of Nevada, Page 1514 (CHAPTER 389, SB 339)κ
hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.
(b) 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:
(1) The business will make a capital investment in the county of at least $500,000; and
(2) 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.
3. Except as otherwise provided in NRS 361.0685 and subsection 4, if a partial abatement from the taxes imposed by this chapter is approved by the Commission on Economic Development pursuant to NRS 360.750:
(a) The partial abatement must:
(1) Be for a duration of at least 1 year but not more than 10 years;
(2) Not exceed 50 percent of the taxes on personal property payable by a business each year pursuant to this chapter; and
(3) Be administered and carried out in the manner set forth in NRS 360.750.
(b) The Executive Director of the Commission on Economic Development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the Commission granted. The Executive Director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.
4. If a partial abatement from the taxes imposed by this chapter is approved by the Commission on Economic Development pursuant to NRS 360.750 for a facility for the generation of electricity from renewable energy or a facility for the production of an energy storage device:
(a) The partial abatement must be:
(1) For a duration of 10 years;
(2) Equal to 50 percent of the taxes on real and personal property payable by the facility each year pursuant to this chapter; and
(3) Administered and carried out in the manner set forth in NRS 360.750.
(b) The Executive Director of the Commission on Economic Development shall:
(1) Notify the county assessor of the county in which the facility is located of the approval of the partial abatement; and
(2) Advise the county assessor of the county in which the facility is located as to the dates on which the partial abatement will begin and end.
5. As used in this section:
(a) Biomass means any organic matter that is available on a renewable basis, including, without limitation:
(1) Agricultural crops and agricultural wastes and residues;
(2) Wood and wood wastes and residues;
(3) Animal wastes;
κ2005 Statutes of Nevada, Page 1515 (CHAPTER 389, SB 339)κ
(4) Municipal wastes; and
(5) Aquatic plants.
(b) Energy storage device means a device for use and storage of electrical energy that alleviates the consumption of fossil fuel and does not produce fossil fuel emissions.
(c) Facility for the generation of electricity from renewable energy means a facility for the generation of electricity that:
(1) Uses renewable energy as its primary source of energy; and
(2) Has a generating capacity of at least 10 kilowatts.
Κ The term includes all the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity. The term does not include a facility that is located on residential property.
(d) Industrial or manufacturing business does not include a facility for the generation of electricity from renewable energy.
(e) Renewable energy means:
(1) Biomass;
(2) Solar energy; or
(3) Wind.
Κ The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
Sec. 3. NRS 361.0687 is hereby amended to read as follows:
361.0687 1. A person who intends to locate or expand a business in this State may, pursuant to NRS 360.750, apply to the Commission on Economic Development for a partial abatement from the taxes imposed by this chapter.
2. For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the Commission on Economic Development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:
(a) 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:
(1) The business will make a capital investment in the county of at least $50,000,000 if the business is an industrial or manufacturing business or at least $5,000,000 if the business is not an industrial or manufacturing business; and
(2) 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.
(b) 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:
(1) The business will make a capital investment in the county of at least $5,000,000 if the business is an industrial or manufacturing business or at least $500,000 if the business is not an industrial or manufacturing business; and
(2) 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.
κ2005 Statutes of Nevada, Page 1516 (CHAPTER 389, SB 339)κ
3. Except as otherwise provided in NRS 361.0685, if a partial abatement from the taxes imposed by this chapter is approved by the Commission on Economic Development pursuant to NRS 360.750:
(a) The partial abatement must:
(1) Be for a duration of at least 1 year but not more than 10 years;
(2) Not exceed 50 percent of the taxes on personal property payable by a business each year pursuant to this chapter; and
(3) Be administered and carried out in the manner set forth in NRS 360.750.
(b) The Executive Director of the Commission on Economic Development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the Commission granted. The Executive Director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.
Sec. 4. 1. In addition to the determinations made pursuant to NRS 612.340, the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation shall, on or before January 1, 2007, determine the average hourly wage in the State and in each county for nonmanagerial employees.
2. The Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation shall establish a method to determine the average hourly wage in the State and in each county which segregates wages for nonmanagerial employees from wages for managerial and administrative employees. The Administrator shall identify and define the various types of managerial and administrative positions to allow the computation of a wage that represents the average hourly wage paid to nonmanagerial employees.
3. The Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation shall report to the 74th Session of the Legislature the information determined pursuant to subsections 1 and 2 and recommendations concerning changes in the average hourly wage required to be paid to managerial and nonmanagerial employees to be eligible for the partial abatement of taxes pursuant to NRS 360.750 and 361.0687.
Sec. 5. 1. This section and sections 1, 2 and 4 of this act become effective on July 1, 2005.
2. Section 2 of this act expires by limitation on June 30, 2009.
3. Section 3 of this act becomes effective on July 1, 2009.
________
Assembly Bill No. 183Assemblymen Leslie, Smith, McClain, Giunchigliani, Pierce, Atkinson, Gerhardt, Manendo, Oceguera and Parks
CHAPTER 390
AN ACT relating to nursing; prohibiting medical facilities from retaliating or discriminating unfairly against registered nurses, licensed practical nurses and nursing assistants for refusing to provide nursing services under certain circumstances; providing that nurses subjected to such retaliation or discrimination may file an action in a court of competent jurisdiction for appropriate relief; and providing other matters properly relating thereto.
κ2005 Statutes of Nevada, Page 1517 (CHAPTER 390, AB 183)κ
nurses and nursing assistants for refusing to provide nursing services under certain circumstances; providing that nurses subjected to such retaliation or discrimination may file an action in a court of competent jurisdiction for appropriate relief; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Licensed practical nurse has the meaning ascribed to it in NRS 632.016.
Sec. 3. Nursing assistant has the meaning ascribed to it in NRS 632.0166.
Sec. 4. Registered nurse has the meaning ascribed to it in NRS 632.019.
Sec. 5. NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 449.205 is hereby amended to read as follows:
449.205 1. A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against [an] :
(a) An employee of the medical facility or a person acting on behalf of the employee who in good faith:
[(a)] (1) Reports to the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, information relating to the conduct of a physician which may constitute grounds for initiating disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients;
[(b)] (2) Reports a sentinel event to the Health Division pursuant to NRS 439.835; or
[(c)] (3) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board of Medical Examiners, the State Board of Osteopathic Medicine or another governmental entity relating to conduct described in [paragraph (a) or (b).] subparagraph (1) or (2).
(b) A registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the medical facility and who, in accordance with the policy, if any, established by the medical facility:
(1) Reports to his immediate supervisor, in writing, that he does not possess the knowledge, skill or experience to comply with an assignment to provide nursing services to a patient; and
(2) Refuses to provide to a patient nursing services for which, as verified by documentation in the personnel file of the registered nurse, licensed practical nurse or nursing assistant concerning his competence to provide various nursing services, he does not possess the knowledge, skill or experience to comply with the assignment to provide nursing services to the patient, unless such refusal constitutes unprofessional conduct as set forth in chapter 632 of NRS or any regulations adopted pursuant thereto.
κ2005 Statutes of Nevada, Page 1518 (CHAPTER 390, AB 183)κ
or experience to comply with the assignment to provide nursing services to the patient, unless such refusal constitutes unprofessional conduct as set forth in chapter 632 of NRS or any regulations adopted pursuant thereto.
2. A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the medical facility or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the medical facility because the employee , registered nurse, licensed practical nurse or nursing assistant has taken an action described in subsection 1.
3. A medical facility or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the medical facility or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the medical facility to take an action described in subsection 1.
4. As used in this section:
(a) Physician means a person licensed to practice medicine pursuant to chapter 630 or 633 of NRS.
(b) Retaliate or discriminate:
(1) Includes, without limitation, the following action if such action is taken solely because the employee or the registered nurse, licensed practical nurse or nursing assistant took an action described in subsection 1:
(I) Frequent or undesirable changes in the location where the employee works;
(II) Frequent or undesirable transfers or reassignments;
(III) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;
(IV) A demotion;
(V) A reduction in pay;
(VI) The denial of a promotion;
(VII) A suspension;
(VIII) A dismissal;
(IX) A transfer; or
(X) Frequent changes in working hours or workdays.
(2) Does not include action described in [subparagraphs] sub-subparagraphs (I) to (X), inclusive, of [paragraph] subparagraph (1) if the action is taken in the normal course of employment or as a form of discipline.
Sec. 7. NRS 449.207 is hereby amended to read as follows:
449.207 An employee of a medical facility or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the medical facility who believes that he has been retaliated or discriminated against in violation of NRS 449.205 may file an action in a court of competent jurisdiction for such relief as may be appropriate under the law.
________
κ2005 Statutes of Nevada, Page 1519κ
Senate Bill No. 80Senators Beers, Horsford, Cegavske, Tiffany, Hardy, Amodei, Heck, Lee and Townsend
Joint Sponsors: Assemblymen Giunchigliani, Sherer, Hettrick, Buckley, Conklin, Allen and Sibley
CHAPTER 391
AN ACT relating to personal identifying information; providing that a consumer may place a security freeze in certain files maintained by a credit reporting agency; providing for certain requirements and procedures relating to a security freeze; requiring a credit reporting agency to make certain disclosures relating to a security freeze; providing civil remedies; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. Security freeze means a notice that is placed in the file of a consumer at the request of the consumer pursuant to section 3 of this act.
Sec. 3. 1. A consumer may place a security freeze in his file by making a request in writing by certified mail to the reporting agency. At the time of the request, the consumer must provide to the reporting agency sufficient identification to establish the identity of the consumer.
2. A reporting agency shall place a security freeze in the file of a consumer not later than 5 business days after the reporting agency receives a request from the consumer to place the security freeze in his file.
3. Not later than 10 business days after the placement of the security freeze in the file of the consumer, the reporting agency shall send written confirmation to the consumer of the placement of the security freeze in his file and provide the consumer with:
(a) A unique personal identification number or password, which is not the social security number of the consumer, to be used by the consumer to authorize the temporary release of the consumer report pursuant to section 8 of this act or the removal of a security freeze from the file pursuant to section 9 of this act;
(b) Information explaining the procedures by which a consumer may contact the reporting agency to authorize the temporary release of his consumer report pursuant to section 8 of this act or the removal of a security freeze from his file pursuant to section 9 of this act; and
(c) The written disclosure required pursuant to section 4 of this act.
4. A consumer may request in writing a replacement personal identification number or password. At the time of the request, the consumer must provide to the reporting agency sufficient identification to establish the identity of the consumer. Not later than 10 business days after receiving the request, the reporting agency shall provide the consumer with a new, unique personal identification number or password, which is not the social security number of the consumer, to be used by the consumer instead of the number or password that was provided pursuant to paragraph (a) of subsection 3.
κ2005 Statutes of Nevada, Page 1520 (CHAPTER 391, SB 80)κ
the social security number of the consumer, to be used by the consumer instead of the number or password that was provided pursuant to paragraph (a) of subsection 3.
5. Except as otherwise provided in sections 8, 9 and 10 of this act, a reporting agency shall not remove a security freeze placed in the file of a consumer.
6. The presence of a security freeze in the file of a consumer must not be considered to be an adverse factor in the consumers credit worthiness, credit standing or credit capacity.
Sec. 4. If a consumer requests that a security freeze be placed in his file, a reporting agency shall provide a written disclosure of the rights of the consumer. The written disclosure is sufficient if it is in substantially the following form:
You have a right to place a security freeze in your file which will prohibit a reporting agency from releasing any information in your file without your express authorization. A security freeze must be requested in writing by certified mail. The security freeze is designed to prevent a reporting agency from releasing your consumer report without your consent. However, you should be aware that using a security freeze to take control over who is allowed access to the personal and financial information in your file may delay, interfere with or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, insurance, government services or payments, rental housing, employment, investment, license, cellular telephone, utilities, digital signature, Internet credit card transaction or other services, including an extension of credit at point of sale. When you place a security freeze in your file, you will be provided a personal identification number or password to use if you choose to remove the security freeze from your file or to authorize the temporary release of your consumer report for a specific person or period after the security freeze is in place. To provide that authorization, you must contact the reporting agency and provide all the following:
1. Sufficient identification to verify your identity.
2. Your personal identification number or password provided by the reporting agency.
3. A statement that you choose to remove the security freeze from your file or that you authorize the reporting agency to temporarily release your consumer report. If you authorize the temporary release of your consumer report, you must name the person who is to receive your consumer report or the period for which your consumer report must be available.
A reporting agency must remove the security freeze from your file or authorize the temporary release of your consumer report not later than 3 business days after receiving the above information.
A security freeze does not apply to certain persons, including a person, or collection agencies acting on behalf of a person, with whom you have an existing account that requests information in your consumer report for the purposes of reviewing or collecting the account.
Sec. 5. 1. Except as otherwise provided in this section:
κ2005 Statutes of Nevada, Page 1521 (CHAPTER 391, SB 80)κ
(a) A reporting agency may charge a consumer a reasonable fee, not to exceed $15, to place a security freeze in his file.
(b) After a security freeze has been placed in the file of a consumer, a reporting agency may charge the consumer a reasonable fee:
(1) Not to exceed $18, to remove the security freeze from his file pursuant to section 9 of this act.
(2) Not to exceed $18, to temporarily release his consumer report for a specific period pursuant to section 8 of this act.
(3) Not to exceed $20, to temporarily release his consumer report to a specific person pursuant to section 8 of this act.
2. A reporting agency may not charge a consumer the fees set forth in subsection 1 to place a security freeze in his file, to temporarily release his consumer report for a specific period or to a specific person, or to remove a security freeze from his file if the consumer is a victim of identity theft and the consumer submits, at the time the security freeze is requested, a valid copy of a police report, investigative report or complaint which the consumer has filed with a law enforcement agency regarding the unlawful use of the personal information of the consumer by another person.
3. On January 1 of each year, a reporting agency may increase the fees set forth in subsection 1 based proportionally on changes to the Consumer Price Index of All Urban Consumers, as determined by the United States Department of Labor, with fractional changes rounded to the nearest 25 cents.
Sec. 6. 1. After a security freeze has been placed in the file of a consumer, a reporting agency shall not make any changes to the file of the consumer relating to:
(a) The name of the consumer;
(b) The date of birth of the consumer;
(c) The social security number of the consumer; or
(d) The address of the consumer,
Κ unless the reporting agency sends written confirmation of the change to the consumer not later than 30 calendar days after the change is posted to the file of the consumer.
2. If the reporting agency changes the address of the consumer, the reporting agency must send written confirmation of the change of address to both the new address and the former address of the consumer.
3. The provisions of this section do not require a reporting agency to send written confirmation to a consumer concerning technical corrections made by the reporting agency to information in the file of the consumer, including, without limitation, technical corrections involving the abbreviation of a name or street, the transposition of numbers or letters, or the misspelling of a word.
Sec. 7. 1. Except as otherwise provided in sections 8 to 11, inclusive, of this act, if a security freeze has been placed in the file of a consumer, a reporting agency shall not provide a consumer report of that consumer to any person.
2. If, in connection with an application for credit or any other use, a third party requests access to a consumer report on which a security freeze is in effect and the consumer does not allow his consumer report to be accessed for that specific third party or period of time, the third party may treat the application as incomplete.
κ2005 Statutes of Nevada, Page 1522 (CHAPTER 391, SB 80)κ
Sec. 8. 1. To authorize the temporary release of a consumer report after a security freeze has been placed in the file of the consumer, the consumer must contact the reporting agency and request that his consumer report be temporarily released to a specific person or for a specific period. At the time of the request, the consumer must provide to the reporting agency:
(a) Sufficient identification to establish the identity of the consumer;
(b) The personal identification number or password provided by the reporting agency pursuant to paragraph (a) of subsection 3 of section 3 of this act; and
(c) Information regarding the specific person or the specific period for which the consumer report must be temporarily released.
2. A reporting agency that receives a request from a consumer pursuant to subsection 1 shall, not later than 3 business days after receiving the request, temporarily release the consumer report to the specific person or for the specific period requested by the consumer.
3. A reporting agency shall develop procedures for a consumer to contact the reporting agency to authorize the temporary release of his consumer report pursuant to subsection 1. These procedures may include, without limitation, the use of the telephone, facsimile machine, the Internet or other electronic media by a consumer to authorize the temporary release of his consumer report in an expedited manner.
Sec. 9. 1. To authorize the removal of a security freeze that has been placed in the file of a consumer, the consumer must contact the reporting agency and request that the security freeze be removed. At the time of the request, the consumer must provide to the reporting agency:
(a) Sufficient identification to establish the identity of the consumer; and
(b) The personal identification number or password provided by the reporting agency pursuant to paragraph (a) of subsection 3 of section 3 of this act.
2. A reporting agency that receives a request from a consumer pursuant to subsection 1 shall, not later than 3 business days after receiving the request:
(a) Remove the security freeze from the file of the consumer; and
(b) Send written notice to the consumer that the security freeze has been removed from the file of the consumer.
3. A reporting agency shall develop procedures for a consumer to contact the reporting agency to authorize the removal of a security freeze pursuant to subsection 1. These procedures may include, without limitation, the use of a telephone, a facsimile machine, the Internet or other electronic media by a consumer to authorize the removal of a security freeze in an expedited manner.
Sec. 10. 1. A reporting agency may remove a security freeze from the file of a consumer if the reporting agency has a reasonable belief that:
(a) The security freeze was placed in the file of the consumer because of a material misrepresentation of fact by the consumer; or
(b) The consumer placed the security freeze in his file for the purposes of:
(1) Committing fraud;
(2) Committing any other act prohibited by law; or
(3) Aiding and abetting any act prohibited by law.
κ2005 Statutes of Nevada, Page 1523 (CHAPTER 391, SB 80)κ
2. If a reporting agency intends to remove a security freeze from the file of a consumer pursuant to subsection 1, the reporting agency shall send written notice to the consumer before removing the security freeze.
Sec. 11. Notwithstanding that a security freeze has been placed in the file of a consumer, a reporting agency may release the consumer report of the consumer to:
1. A person with whom the consumer has an existing business relationship, or the subsidiary, affiliate or agent of that person, for any purpose relating to that business relationship.
2. A licensed collection agency to which an account of the consumer has been assigned for the purposes of collection.
3. A person with whom the consumer has an account or contract or to whom the consumer has issued a negotiable instrument, or the subsidiary, affiliate, agent, assignee or prospective assignee of that person, for purposes relating to that account, contract or negotiable instrument.
4. A person seeking to use information in the file of the consumer for the purposes of prescreening pursuant to the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq.
5. A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted pursuant to section 8 of this act for the purposes of facilitating the extension of credit.
6. A person seeking to provide the consumer with a copy of the consumer report or the credit score of the consumer upon the request of the consumer.
7. A person administering a credit file monitoring subscription service to which the consumer has subscribed.
8. A person requesting the consumer report pursuant to a court order, warrant or subpoena.
9. A federal, state or local governmental entity, agency or instrumentality that is acting within the scope of its authority, including, without limitation, an agency which is seeking to collect child support payments pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq.
10. A person holding a license issued by the Nevada Gaming Commission pursuant to title 41 of NRS, or the subsidiary, affiliate, agent, assignee or prospective assignee of that person, for purposes relating to any activities conducted pursuant to the license.
11. An employer, or the subsidiary, affiliate, agent, assignee or prospective assignee of that employer, for purposes of:
(a) Preemployment screenings relating to the consumer; or
(b) Decisions or investigations relating to the consumers current or former employment with the employer.
Sec. 12. The following companies are not required to place a security freeze in the file of a consumer:
1. A check services or fraud prevention services company which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers or similar methods of payments.
2. A deposit account information service company which issues reports regarding account closures because of fraud, substantial overdrafts, abuse of automatic teller machines or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
κ2005 Statutes of Nevada, Page 1524 (CHAPTER 391, SB 80)κ
institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
3. A reporting agency which acts only as a reseller of credit information by assembling and merging information contained in the database of another reporting agency or in the databases of multiple reporting agencies and which does not maintain a permanent database of consumer credit information from which new consumer reports are produced. Such a reporting agency shall honor any security freeze placed on a consumer report by another reporting agency.
Sec. 13. NRS 598C.010 is hereby amended to read as follows:
598C.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 598C.020 to 598C.100, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
________
Senate Bill No. 105Committee on Finance
CHAPTER 392
AN ACT making an appropriation to the University of Nevada School of Medicine for support of its partnership with the Nevada Cancer Institute and Center of Excellence to expand research, treatment, education and teaching opportunities in Nevada; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
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 University of Nevada School of Medicine the sum of $10,000,000 for support of its partnership with the Nevada Cancer Institute and Center of Excellence to expand research, treatment, education and teaching opportunities in Nevada.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2009, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 165Senator Rhoads
CHAPTER 393
AN ACT relating to the State Department of Agriculture; providing that certain fees and other money may only be used by the State Department of Agriculture to carry out certain provisions relating to weights and measures, public weighmasters and petroleum products; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
κ2005 Statutes of Nevada, Page 1525 (CHAPTER 393, SB 165)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 561 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the inspection fees and other money transferred pursuant to NRS 590.120, all fees and other money collected pursuant to the provisions of NRS 581.001 to 581.395, inclusive, and 582.001 to 582.210, inclusive, must be deposited in the State Treasury and credited to a separate account in the State General Fund for the use of the Department.
2. Expenditures from the account must be made only for carrying out the provisions of this chapter and chapters 581 and 582 of NRS and NRS 590.010 to 590.330, inclusive.
3. Money in the account does not lapse to the State General Fund at the end of a fiscal year. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
Sec. 2. NRS 561.355 is hereby amended to read as follows:
561.355 1. The Plant Industry Program is hereby established.
2. The following fees and money must be used in the Plant Industry Program:
(a) Fees and money collected pursuant to the provisions of chapters 552, 555 [, 581, 582] and 587 of NRS.
(b) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 552 of NRS.
(c) Laboratory fees collected for the diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of chapter 554 of NRS.
(d) Laboratory fees collected for the survey and identification of insect pests, plant diseases and noxious weeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 555.005 to 555.249, inclusive.
(e) Laboratory fees collected for the testing of the purity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 587.015 to 587.123, inclusive.
(f) Money received from a tax on the transfer of real property imposed pursuant to NRS 375.026.
3. Expenditures for the Plant Industry Program must be made only for the purposes of carrying out the provisions of this chapter and chapters 552, 554, 555 [, 581, 582] and 587 of NRS.
4. The money credited to the Program pursuant to NRS 375.026 must be allocated for disbursement to each county in proportion to the amount of money collected in that county and must only be used:
(a) By the Department for programs on the exclusion, detection and control of:
(1) Invasive species; and
(2) Endemic pests and weeds designated by the Director; and
(b) For grants to local governments and nonprofit organizations for the control or management of such species, pests and weeds.
κ2005 Statutes of Nevada, Page 1526 (CHAPTER 393, SB 165)κ
5. Not later than 30 days after the beginning of each fiscal year, the Department shall present to each board of county commissioners for approval by each such board proposed programs for the exclusion, detection and control of invasive species and endemic pests and weeds designated by the Director that involve cooperative action between the Department and the county.
6. As used in this section:
(a) Invasive species means any living organism not native to this State that may present a threat to the economy, environment or public health of this State.
(b) Local government has the meaning ascribed to it in NRS 237.050.
Sec. 3. NRS 590.120 is hereby amended to read as follows:
590.120 1. Every person, or any officer, agent or employee thereof, shipping or transporting any motor vehicle fuel or lubricating oil into this State for sale or consignment, or with intent to sell or consign the same, shall pay to the Department of Motor Vehicles an inspection fee of 0.055 of a cent per gallon for every gallon of motor vehicle fuel or lubricating oil so shipped or transported into the State, or that is held for sale within this State. This section does not require the payment of an inspection fee on any shipment or consignment of motor vehicle fuel or lubricating oil when the inspection fee has been paid.
2. [Of each inspection fee paid to the Department of Motor Vehicles pursuant to this section, 0.005 of a cent per gallon] The inspection fees collected pursuant to the provisions of subsection 1, together with any penalties and interest collected thereon, must be transferred quarterly to [an] the account in the State General Fund created pursuant to section 1 of this act, for the use of the State [Board] Department of Agriculture. [The State Board of Agriculture shall use all money transferred pursuant to this subsection to pay the expenses incurred in enforcing the provisions of NRS 590.070.]
3. On or before the last day of each calendar month, every person, or any officer, agent or employee thereof, required to pay the inspection fee described in subsection 1 shall send to the Department of Motor Vehicles a correct report of the motor vehicle fuel or oil volumes for the preceding month. The report must include a list of distributors or retailers distributing or selling the products and must be accompanied by the required fees.
4. Failure to send the report and remittance as specified in subsections 1 and 3 is a violation of NRS 590.010 to 590.150, inclusive, and is punishable as provided in NRS 590.150.
5. The provisions of this section must be carried out in the manner prescribed in chapters 360A and 365 of NRS.
6. All expenses incurred by the Department of Motor Vehicles in carrying out the provisions of this section are a charge against the account created pursuant to section 1 of this act.
7. For the purposes of this section, motor vehicle fuel does not include diesel fuel, burner fuel or kerosene.
Sec. 4. NRS 590.130 is hereby repealed.
Sec. 5. This act becomes effective on July 1, 2007.
________
κ2005 Statutes of Nevada, Page 1527κ
Senate Bill No. 357Senators Nolan, Townsend, Raggio and Wiener
CHAPTER 394
AN ACT relating to gambling; creating the Advisory Committee on Problem Gambling; prescribing its powers and duties; creating the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling; requiring the Nevada Gaming Commission to deposit a portion of certain fees it collects in the Account; authorizing the Director of the Department of Human Resources to award grants of money or contracts for services to provide programs for the prevention and treatment of problem gambling; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Account means the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling created by section 10 of this act.
Sec. 4. Advisory Committee means the Advisory Committee on Problem Gambling created by section 7 of this act.
Sec. 5. Department means the Department of Human Resources.
Sec. 6. Director means the Director of the Department.
Sec. 7. 1. The Advisory Committee on Problem Gambling, consisting of nine members, is hereby created within the Department.
2. The Governor shall appoint to the Advisory Committee:
(a) One member who holds a restricted gaming license;
(b) Two members who hold nonrestricted gaming licenses;
(c) Two members who work in the area of mental health, at least one of whom has experience in the treatment of persons who are problem gamblers;
(d) One member who represents the University and Community College System of Nevada and has experience in the prevention or treatment of problem gambling;
(e) One member who represents an organization for veterans; and
(f) Two members who represent organizations that provide assistance to persons who are problem gamblers.
3. After the initial terms, each member of the Advisory Committee serves for a term of 2 years. Each member of the Advisory Committee continues in office until his successor is appointed.
4. The members of the Advisory Committee serve without compensation, except that each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Advisory Committee.
κ2005 Statutes of Nevada, Page 1528 (CHAPTER 394, SB 357)κ
allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Advisory Committee.
5. A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any action taken by the Advisory Committee.
6. A member of the Advisory Committee who is an officer or employee of the State or a political subdivision of the State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or political subdivision of the State shall not require an officer or employee who is a member of the Advisory Committee to:
(a) Make up the time he is absent from work to carry out his duties as a member of the Advisory Committee; or
(b) Take annual leave or compensatory time for the absence.
7. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a Chairman from among its members;
(b) Meet at the call of the Director, the Chairman or a majority of its members as necessary, within the budget of the Advisory Committee, but not to exceed six meetings per year; and
(c) Adopt rules for its management and government.
Sec. 8. The Advisory Committee shall:
1. Review each request received by the Department from a state agency or other political subdivision of the State or from an organization or educational institution for a grant of money or a contract for services to provide programs for the prevention and treatment of problem gambling;
2. Recommend to the Director each request received pursuant to subsection 1 that the Advisory Committee believes should be awarded;
3. Establish criteria for determining which state agencies and other political subdivisions of the State and organizations and educational institutions to recommend for grants of money or contracts for services pursuant to subsection 2;
4. Monitor each grant of money awarded by the Department for the prevention and treatment of problem gambling; and
5. Assist the Department in determining the needs of local communities and in establishing priorities for funding programs for the prevention and treatment of problem gambling.
Sec. 9. The Chairman of the Advisory Committee may appoint groups consisting of members of the Advisory Committee, former members of the Advisory Committee and members of the public who have appropriate experience or knowledge to:
1. Consider specific problems or other matters that are related to and within the scope of activities of the Advisory Committee; and
2. Review requests for grants of money or contracts for services related to specific programs for the prevention and treatment of problem gambling.
Sec. 10. 1. The Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling is hereby created in the State General Fund. The Director shall administer the Account.
κ2005 Statutes of Nevada, Page 1529 (CHAPTER 394, SB 357)κ
2. Except as otherwise provided in this subsection, the money in the Account must be expended only to award grants of money or contracts for services to state agencies and other political subdivisions of the State or to organizations or educational institutions to provide programs for the prevention and treatment of problem gambling. The Director may use not more than 1 percent of the money in the Account to administer the Account.
3. The existence of the Account does not create a right in any state agency or other political subdivision of the State or in any organization or educational institution to receive money from the Account.
4. On or before January 31 of each year, the Director shall submit to the Director of the Legislative Counsel Bureau a written report concerning any grants of money or contracts for services awarded pursuant to this section during the previous year.
Sec. 11. 1. The Director may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account.
2. The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account.
3. Money from any gift, donation or bequest that remains in the Account at the end of the 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.
Sec. 12. 1. The Director shall adopt regulations to carry out the provisions of sections 10 and 11 of this act.
2. The regulations adopted by the Director must include, without limitation:
(a) The procedure by which a state agency or other political subdivision of the State or an organization or educational institution may apply for a grant of money or a contract for services to be paid from the Account;
(b) The criteria that the Director must consider in determining whether to award a grant of money or a contract for services to be paid from the Account; and
(c) The procedure used by the Director to ensure that the money in the Account is distributed in a fair and equitable manner.
Sec. 13. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging Services Division;
(2) The Administrator of the Health Division;
(3) The State Welfare Administrator;
(4) The Administrator of the Division of Child and Family Services; and
(5) The Administrator of the Division of Health Care Financing and Policy.
(b) Shall administer, through the divisions of the Department and the Office of Disability Services, the provisions of chapters 63, 423, 424, 425, 426A, 427A, 432A to 442, inclusive, 446 to 450, inclusive, of NRS, sections 2 to 12, inclusive, of this act, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 426.205 to 426.295, inclusive, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department and the Office of Disability Services, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions or the Office of Disability Services.
κ2005 Statutes of Nevada, Page 1530 (CHAPTER 394, SB 357)κ
2 to 12, inclusive, of this act, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 426.205 to 426.295, inclusive, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department and the Office of Disability Services, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions or the Office of Disability Services.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(e) Has such other powers and duties as are provided by law.
2. The Governor shall appoint the Administrator of the Division of Mental Health and Developmental Services.
Sec. 14. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370, 463.373 to 463.383, inclusive, and 463.3855 must be collected and disposed of as provided in this section.
2. All state gaming license fees and penalties must be collected by the Commission and paid over immediately to the State Treasurer to be disposed of as follows:
(a) Except as otherwise provided in paragraphs (c) [and (d),] , (d) and (e), all state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 must be deposited for credit to the State General Fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 must, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided in this section, must be deposited by the county treasurer in the county general fund and be expended for county purposes.
κ2005 Statutes of Nevada, Page 1531 (CHAPTER 394, SB 357)κ
must be deposited by the county treasurer in the county general fund and be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more cities or towns within the county, the board of county commissioners shall, annually, before the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution, the percentage so apportioned and allocated must be converted to a dollar figure and included in the city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly, upon receipt of the money from the State, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining must be deposited in the county general fund and must be expended for county purposes.
(c) One twenty-fifth of the license fee imposed by the provisions of NRS 463.370 on gross revenue which exceeds $134,000 per calendar month that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this State whose population is less than 100,000 in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and transmitted to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.
(d) Ten percent of the amount of the license fee imposed by the provisions of NRS 463.370 that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering which exceeds $5,036,938 per calendar year must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this State whose population is less than 100,000 in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and must be transmitted to the respective county treasurers as provided in this paragraph. On March 1 of each year, the Board shall calculate the amount of money to be allocated to the respective county treasurers and notify the State Treasurer of the appropriate amount of each allocation. The State Treasurer shall transfer the money to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.
(e) The Commission shall deposit quarterly in the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling created by section 10 of this act:
κ2005 Statutes of Nevada, Page 1532 (CHAPTER 394, SB 357)κ
(1) For the Fiscal Year 2005-2006, an amount equal to $1 for each slot machine that is subject to the license fee imposed pursuant to NRS 463.373 and 463.375 and collected by the Commission; and
(2) For the Fiscal Year 2006-2007, an amount equal to $2 for each slot machine that is subject to the license fee imposed pursuant to NRS 463.373 and 463.375 and collected by the Commission.
Sec. 15. As soon as practicable after July 1, 2005, the Governor shall appoint to the Advisory Committee on Problem Gambling:
1. Five members to serve a term of 1 year; and
2. Four members to serve a term of 2 years.
Sec. 16. 1. This act becomes effective on July 1, 2005.
2. Section 14 of this act expires by limitation on June 30, 2007.
________
Senate Bill No. 380Committee on Transportation and Homeland Security
CHAPTER 395
AN ACT relating to homeland security; providing that the Director of the Department of Public Safety may employ certain persons on behalf of the Nevada Commission on Homeland Security; requiring the State and political subdivisions to submit reports to the Commission regarding any money received from other governmental entities for programs or projects related to acts of terrorism; requiring the State and each political subdivision to adopt any national system for preventing and responding to acts of terrorism mandated by the United States Department of Homeland Security as a condition to the receipt of federal money; revising provisions relating to the membership and committees of the Commission; excluding certain airports from provisions requiring a security assessment by the Commission and relating to restricted documents; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 239C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Division means the Division of Emergency Management of the Department of Public Safety.
Sec. 3. 1. The Director of the Department of Public Safety may employ such persons in the classified service of the State as he determines to be necessary to carry out the duties of the Commission, including, without limitation, an Executive Assistant to the Commission, a Policy Analyst to the Commission, a Grant Analyst to the Commission, and a Specialist in Public Information to the Commission.
2. If the Director of the Department of Public Safety employs persons pursuant to subsection 1, the salaries for those positions must be paid from the State General Fund or from money received as grants from the Federal Government to the extent allowable pursuant to federal law, or both.
κ2005 Statutes of Nevada, Page 1533 (CHAPTER 395, SB 380)κ
Sec. 4. 1. If the State or a political subdivision submits an application to and is approved to receive money from the Federal Government, this State, any other state, a local government, any agency or instrumentality of those governmental entities, or any private entity, to pay for a project or program relating to the prevention of, detection of, mitigation of, preparedness for, response to and recovery from acts of terrorism, the State or political subdivision shall, not later than 60 days after receiving such approval, submit to the Commission a written report that includes, without limitation:
(a) The total amount of money that the State or political subdivision has been approved to receive for the project or program;
(b) A description of the project or program, unless the State or political subdivision previously submitted a written report pursuant to this section relating to the same project or program; and
(c) The items to be paid for with the money that the State or political subdivision has been approved to receive for the project or program.
2. A project or program for which the State or a political subdivision is required to report the receipt of money pursuant to subsection 1 includes, without limitation, a project or program related to:
(a) Homeland security;
(b) Emergency management;
(c) Health or hospitals;
(d) Emergency medical services; and
(e) Chemical, biological, radiological, nuclear, explosive, agricultural or environmental acts of terrorism.
3. Any grant related to terrorism that is administered by the Division and is provided to a political subdivision must be approved by the local emergency planning committee.
Sec. 5. 1. The State and each political subdivision shall:
(a) Adopt any national system that is required as a condition to the receipt of money from the Federal Government by the United States Department of Homeland Security pursuant to federal law in preparation for, prevention of, detection of, mitigation of, response to and recovery from a domestic incident, including, without limitation, an act of terrorism.
(b) Submit to the Division documentation evidencing that the State or political subdivision has adopted the national system.
2. The Division shall submit on a quarterly basis documentation to the Commission evidencing the compliance of this State and each political subdivision with the provisions of paragraph (a) of subsection 1.
Sec. 6. NRS 239C.020 is hereby amended to read as follows:
239C.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 239C.030 to 239C.110, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 239C.090 is hereby amended to read as follows:
239C.090 Restricted document means any blueprint or plan of a school, place of worship, airport [,] other than an international airport, gaming establishment, governmental building or any other building or facility which is likely to be targeted for a terrorist attack.
Sec. 8. NRS 239C.120 is hereby amended to read as follows:
239C.120 1. The Nevada Commission on Homeland Security [, consisting of the members appointed pursuant to this section,] is hereby created.
κ2005 Statutes of Nevada, Page 1534 (CHAPTER 395, SB 380)κ
2. The Governor shall appoint to the Commission [a number of] 14 voting members that he determines to be appropriate [, except that the Commission] and who serve at his pleasure, which must include at least:
(a) [One member who is a representative of a Nevada law enforcement agency; and
(b) One member who is not employed in the field of law enforcement and is not otherwise affiliated with the field of law enforcement.] The sheriff of each county whose population is 100,000 or more;
(b) The chief of the county fire department in each county whose population is 100,000 or more;
(c) The agent in charge of the office of the Federal Bureau of Investigation in this State;
(d) An officer of the United States Department of Homeland Security whom the Department of Homeland Security has designated for this State; and
(e) A member of the medical community in a county whose population is 400,000 or more.
3. The Senate Majority Leader shall appoint one member of the Senate as a nonvoting member of the Commission.
4. The Speaker of the Assembly shall appoint one member of the Assembly as a nonvoting member of the Commission.
5. Except for the initial members, the term of office of each member of the Commission who is a Legislator is 2 years and commences on July 1 of the year of appointment.
6. The Governor or his designee shall:
(a) Serve as Chairman of the Commission; and
(b) Appoint a member of the Commission to serve as Vice Chairman of the Commission.
Sec. 9. NRS 239C.160 is hereby amended to read as follows:
239C.160 The Commission shall, within the limits of available money:
1. Make recommendations to the Governor, the Legislature, agencies of this State, political subdivisions, businesses located within this State and private persons who reside in this State with respect to actions and measures that may be taken to protect residents of this State and visitors to this State from potential acts of terrorism and related emergencies.
2. Propose goals and programs that may be set and carried out, respectively, to counteract or prevent potential acts of terrorism and related emergencies before such acts of terrorism and related emergencies can harm or otherwise threaten residents of this State and visitors to this State.
3. With respect to buildings, facilities, geographic features and infrastructure that must be protected from acts of terrorism and related emergencies to ensure the safety of the residents of this State and visitors to this State, including, without limitation, airports other than international airports, the Capitol Complex, dams, gaming establishments, governmental buildings, highways, hotels, information technology infrastructure, lakes, places of worship, power lines, public buildings, public utilities, reservoirs, rivers and their tributaries, and water facilities:
(a) Identify and categorize such buildings, facilities, geographic features and infrastructure according to their susceptibility to and need for protection from acts of terrorism and related emergencies; and
(b) Study and assess the security of such buildings, facilities, geographic features and infrastructure from acts of terrorism and related emergencies.
κ2005 Statutes of Nevada, Page 1535 (CHAPTER 395, SB 380)κ
4. Examine the use, deployment and coordination of response agencies within this State to ensure that those agencies are adequately prepared to protect residents of this State and visitors to this State from acts of terrorism and related emergencies.
5. Assess, examine and review the use of information systems and systems of communication used by response agencies within this State to determine the degree to which such systems are compatible and interoperable. After conducting the assessment, examination and review, the Commission shall establish a state plan setting forth criteria and standards for the compatibility and interoperability of those systems when used by response agencies within this State.
6. Assess, examine and review the operation and efficacy of telephone systems and related systems used to provide emergency 911 service.
7. To the extent practicable, cooperate and coordinate with the Division [of Emergency Management of the Department of Public Safety] to avoid duplication of effort in developing policies and programs for preventing and responding to acts of terrorism and related emergencies.
8. Perform any other acts related to their duties set forth in subsections 1 to 7, inclusive, that the Commission determines are necessary to protect or enhance:
(a) The safety and security of the State of Nevada;
(b) The safety of residents of the State of Nevada; and
(c) The safety of visitors to the State of Nevada.
Sec. 10. NRS 239C.170 is hereby amended to read as follows:
239C.170 The Chairman of the Commission [may,] shall, with the approval of the Commission, appoint [committees from its members] a Committee on Finance and any other committees deemed necessary by the Chairman to assist in carrying out the duties of the Commission. The Chairman of the Commission shall appoint to a committee the number of voting members or nonvoting members, or both, that he determines to be appropriate, except that a committee must include at least one member of the Commission. At its first meeting and annually thereafter, a committee shall select a chairman and a vice chairman from the members of the committee.
Sec. 11. NRS 239C.180 is hereby amended to read as follows:
239C.180 The Governor shall provide , in addition to any persons employed pursuant to section 3 of this act, such staff assistance to the Commission as he deems appropriate and may designate a state agency to provide such assistance.
Sec. 12. NRS 239C.250 is hereby amended to read as follows:
239C.250 1. Each political subdivision shall adopt and maintain a response plan. Each new or revised plan must be filed within 10 days after adoption or revision with:
(a) The Division ; [of Emergency Management of the Department of Public Safety;] and
(b) Each response agency that provides services to the political subdivision.
2. The response plan required by subsection 1 must include:
(a) A drawing or map of the layout and boundaries of the political subdivision;
κ2005 Statutes of Nevada, Page 1536 (CHAPTER 395, SB 380)κ
(b) A drawing or description of the streets and highways within, and leading into and out of, the political subdivision, including any approved routes for evacuation;
(c) The location and inventory of emergency response equipment and resources within the political subdivision;
(d) The location of any unusually hazardous substances within the political subdivision;
(e) A telephone number that may be used by residents of the political subdivision to receive information and to make reports with respect to an act of terrorism or related emergency;
(f) The location of one or more emergency response command posts that are located within the political subdivision;
(g) A depiction of the location of each police station, sheriffs office and fire station that is located within the political subdivision;
(h) Plans for the continuity of the operations and services of the political subdivision, which plans must be consistent with the provisions of NRS 239C.260; and
(i) Any other information that the Commission may determine to be relevant.
3. A plan filed pursuant to the requirements of this section, including any revisions adopted thereto, is confidential and must be securely maintained by the entities with whom it is filed pursuant to subsection 1. An officer, employee or other person to whom the plan is entrusted by the entity with whom it is filed shall not disclose the contents of such a plan except:
(a) Upon the lawful order of a court of competent jurisdiction; or
(b) As is reasonably necessary in the case of an act of terrorism or related emergency.
Sec. 13. NRS 239C.270 is hereby amended to read as follows:
239C.270 1. Each utility shall:
(a) Conduct a vulnerability assessment in accordance with the requirements of the federal and regional agencies that regulate the utility; and
(b) Prepare and maintain an emergency response plan in accordance with the requirements of the federal and regional agencies that regulate the utility.
2. Each utility shall:
(a) As soon as practicable but not later than December 31, 2003, submit its vulnerability assessment and emergency response plan to the Division ; [of Emergency Management of the Department of Public Safety;] and
(b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than December 31 of each year, submit the results of its review and any additions or modifications to its emergency response plan to the Division . [of Emergency Management of the Department of Public Safety.]
3. Each vulnerability assessment and emergency response plan of a utility and any other information concerning a utility that is necessary to carry out the provisions of this section is confidential and must be securely maintained by each person or entity that has possession, custody or control of the information.
4. A person shall not disclose such information, except:
(a) Upon the lawful order of a court of competent jurisdiction;
κ2005 Statutes of Nevada, Page 1537 (CHAPTER 395, SB 380)κ
(b) As is reasonably necessary to carry out the provisions of this section or the operations of the utility, as determined by the Division ; [of Emergency Management of the Department of Public Safety;] or
(c) As is reasonably necessary in the case of an emergency involving public health or safety, as determined by the Division . [of Emergency Management of the Department of Public Safety.]
5. If a person knowingly and unlawfully discloses such information or assists, solicits or conspires with another person to disclose such information, the person is guilty of:
(a) A gross misdemeanor; or
(b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:
(1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or
(2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.
Sec. 14. 1. The term of office of a person appointed before the effective date of this act to the Nevada Commission on Homeland Security pursuant to subsection 2 of NRS 239C.120 expires on the effective date of this act.
2. On or after the effective date of this act and on or before July 1, 2005, the Governor shall appoint the 14 members required to be appointed to the Nevada Commission on Homeland Security pursuant to subsection 2 of NRS 239C.120, as amended by section 7 of this act.
Sec. 15. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 16. This act becomes effective upon passage and approval.
________
Senate Bill No. 367Committee on Human Resources and Education
CHAPTER 396
AN ACT relating to pupils; revising provisions governing the formation of charter schools designed exclusively for pupils with disciplinary problems; providing that a pupil who is suspended or expelled from a public school may enroll in a program of independent study, in a program of distance education or in a charter school under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 386.580 is hereby amended to read as follows:
386.580 1. An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this State. Except as otherwise provided in this subsection, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located.
κ2005 Statutes of Nevada, Page 1538 (CHAPTER 396, SB 367)κ
trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.
2. Except as otherwise provided in subsection 6, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:
(a) Race;
(b) Gender;
(c) Religion;
(d) Ethnicity; or
(e) Disability,
Κ of a pupil.
3. If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.
4. Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or a parent or legal guardian of a homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or home school or participate in an extracurricular activity at the charter school if:
(a) Space for the child in the class or extracurricular activity is available; and
(b) The parent or legal guardian demonstrates to the satisfaction of the governing body that the child is qualified to participate in the class or extracurricular activity.
Κ If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to NRS 388.820 to 388.874, inclusive.
5. The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 4 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.
6. This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:
κ2005 Statutes of Nevada, Page 1539 (CHAPTER 396, SB 367)κ
(a) With disabilities;
(b) Who pose such severe disciplinary problems that they warrant [an] a specific educational program , including, without limitation, a charter school specifically designed to serve a single gender [and emphasize] that emphasizes personal responsibility and rehabilitation; or
(c) Who are at risk.
Κ If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.
Sec. 2. NRS 389.155 is hereby amended to read as follows:
389.155 1. The State Board shall, by regulation, establish a program pursuant to which a pupil enrolled full time in high school or a pupil who has been suspended or expelled from a public school may complete any required or elective course by independent study outside of the normal classroom setting. A program of independent study provided pursuant to this section may be offered through a program of distance education pursuant to NRS 388.820 to 388.874, inclusive.
2. The regulations must require that:
(a) The teacher of the course assign to the pupil the work assignments necessary to complete the course; and
(b) The pupil and teacher meet or otherwise communicate with each other at least once each week during the course to discuss the pupils progress.
3. [The] Except as otherwise provided in this subsection, the board of trustees [in each] of a school district may, in accordance with the regulations adopted pursuant to subsections 1 and 2, provide for independent study by pupils [enrolled] :
(a) Enrolled full time in high schools in its district. A board of trustees that chooses to allow such study may provide that:
[(a)] (1) The pupils participating in the independent study be given instruction individually or in a group.
[(b)] (2) The independent study be offered during the regular school day.
(b) Who have been suspended or expelled from a public school. A program of independent study offered pursuant to this paragraph must not allow a pupil to attend that public school during the period of his suspension or expulsion.
Sec. 3. NRS 392.466 is hereby amended to read as follows:
392.466 1. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must [:
(a) Be] be permanently expelled from that school [; and
(b)] and:
(a) Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070 [.] ; or
(b) Enroll in a program of independent study provided pursuant to paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.
κ2005 Statutes of Nevada, Page 1540 (CHAPTER 396, SB 367)κ
education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.
2. Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must [:
(a) Be] be permanently expelled from the school [; and
(b)] and:
(a) Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070 [.] ; or
(b) Enroll in a program of independent study provided pursuant to paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.
Κ The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to the expulsion requirement of this subsection if such modification is set forth in writing.
3. Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must [receive] :
(a) Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070 [.] ; or
(b) Enroll in a program of independent study provided pursuant to paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.
4. This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
6. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
κ2005 Statutes of Nevada, Page 1541 (CHAPTER 396, SB 367)κ
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
7. As used in this section:
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) Dangerous weapon includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(c) Firearm includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a firearm in 18 U.S.C. § 921, as that section existed on July 1, 1995.
8. The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if he is accepted for enrollment by the charter school pursuant to NRS 386.580. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to his suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.
Sec. 4. NRS 392.4675 is hereby amended to read as follows:
392.4675 1. Except as otherwise provided in this section, a pupil who is suspended or expelled from:
(a) Any public school in this State pursuant to NRS 392.466; or
(b) Any school outside of this State for the commission of any act which, if committed within this State, would be a ground for suspension or expulsion from public school pursuant to NRS 392.466,
Κ is ineligible to attend any public school in this State during the period of that suspension or expulsion.
2. [Except as otherwise provided in subsection 3, a] A school district or a charter school, if the charter school offers the applicable program, may allow a pupil who is ineligible to attend a public school pursuant to this section to enroll in:
(a) An alternative program for the education of pupils at risk of dropping out of high school; [or]
(b) A program of independent study provided pursuant to paragraph (b) of subsection 3 of NRS 389.155, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements;
(c) A program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements; or
(d) Any program of instruction offered pursuant to the provisions of NRS 388.550.
Κ A school district or charter school may conduct an investigation of the background of any such pupil to determine if the educational needs of the pupil may be satisfied without undue disruption to the program. If an investigation is conducted, the board of trustees of the school district or the governing body of the charter school shall, based on the results of the investigation, determine if the pupil will be allowed to enroll in such a program.
κ2005 Statutes of Nevada, Page 1542 (CHAPTER 396, SB 367)κ
investigation is conducted, the board of trustees of the school district or the governing body of the charter school shall, based on the results of the investigation, determine if the pupil will be allowed to enroll in such a program.
3. The provisions of [subsection 2 do not authorize the enrollment in such a program of a pupil who is:
(a) Expelled for a second occurrence of a violation pursuant to subsections 1 or 2 of NRS 392.466; or
(b) Suspended or expelled pursuant to subsection 3 of NRS 392.466.] subsections 1 and 2 do not prohibit a pupil from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if he is accepted for enrollment by the charter school pursuant to NRS 386.580. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to his suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.
Sec. 5. This act becomes effective on July 1, 2005.
________
Senate Bill No. 521Committee on Finance
CHAPTER 397
AN ACT making appropriations to the Division of Parole and Probation of the Department of Public Safety and the State Board of Parole Commissioners for the installation of and expenses relating to closed-circuit security systems; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
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 Division of Parole and Probation of the Department of Public Safety:
1. For the installation of a closed-circuit security system the sum of $187,889.
2. For the costs of service:
For the Fiscal Year 2005-2006......................................................... $720
For the Fiscal Year 2006-2007......................................................... $720
Sec. 2. There is hereby appropriated from the State General Fund to the State Board of Parole Commissioners:
1. For the installation of a closed-circuit security system the sum of $60,554.
2. For the costs of service:
For the Fiscal Year 2005-2006...................................................... $3,179
For the Fiscal Year 2006-2007...................................................... $3,179
Sec. 3. 1. Any remaining balance of the appropriations made by subsection 1 of section 1 and subsection 1 of section 2 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.
κ2005 Statutes of Nevada, Page 1543 (CHAPTER 397, SB 521)κ
committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.
2. Any balance of the sums appropriated by subsection 2 of section 1 and subsection 2 of section 2 of this act 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 15, 2006, and September 21, 2007, respectively.
Sec. 4. This act becomes effective on July 1, 2005.
________
Senate Bill No. 524Committee on Finance
CHAPTER 398
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the State Public Works Board the sum of $28,154,528 to support the Board in carrying out the program of capital improvements summarized in subsection 3.
2. There is hereby appropriated from the State General Fund to the State Public Works Board the sum of $53,623,972 to support the Board in carrying out the program of capital improvements summarized in subsection 4.
3. The amount appropriated pursuant to subsection 1 is allocated to projects numbered and described in the executive budget for the 2005-2007 biennium or otherwise described as follows:
Description Project No. Amount
(a) Capital Improvements for the Department of Corrections:
Phase IV housing units at HDSP......................... 05-C20b $650,000
Installation of generator number 4 at HDSP..... 05-M06 $532,738
Install backflow preventors at NNCC and NSP 05-M13 $188,047
Expand sewage leachfield at SSCC.................... 05-M14 $598,929
Sewage treatment upgrades at ESP..................... 05-M15 $3,332,880
Sewage disposal upgrades at PCC....................... 05-M16 $234,467
Indian Springs sewage disposal upgrades........... 05-M17 $2,658,136
Phone cable replacement at NNCC..................... 05-M19 $175,839
κ2005 Statutes of Nevada, Page 1544 (CHAPTER 398, SB 524)κ
Central boiler plant renovation at LCC.............. 05-M22 $367,999
Locks, doors, control panel and intercom systems at WSCC 05-M24 $548,173
Doors, locks and control panels at SDCC.......... 05-M25 $436,599
Groundwater protection at CCC.......................... 05-M29 $639,874
Building structural remediation at LCC.............. 05-M30 $452,832
Boiler replacement at SDCC................................. 05-M31 $427,421
Central chiller plant renovation at LCC............. 05-M36 $1,212,864
Replacement of high mast cable systems and operators at ESP 05-M37 $504,465
Boiler replacement at WSCC................................ 05-M38 $213,034
Repair perimeter fence at LCC............................ 05-M40 $60,056
Sewage treatment upgrades, phase II, at SNCC 05-M45 $500,000
Arsenic reduction study of domestic water at SSCC and HCC 05-P01 $65,599
Design replacement of water lines at SDCC........ 05-P02 $488,297
Erosion control study at HDSP.............................. 05-P03 $61,718
Design 400-bed addition for SNWCC................... 05-P05 $2,662,734
Design Indian Springs Work Center...................... 05-P28 $1,970,385
(b) Capital Improvements for the Office of the Military:
Acquire land for future Nevada National Guard facility and training sites 05-C25 $546,000
(c) Capital Improvements for the Nevada System of Higher Education:
Furnishings and equipment for health sciences building on West Charleston Campus of CCSN 05-C04............................................................... $5,200,000
Greenspun College of Urban Affairs building at UNLV 05-C16 $600,000
Design and construction of electrical and industrial technology building at Great Basin College 05-C18................................................................... $350,000
New classroom building on West Charleston Campus of CCSN 05-C20c $100,000
Construction of student services building addition and renovation of Frazier Hall at UNLV 05-C67L.......................................................................... $600,000
Science and math education center at UNR.... 05-C68L $600,000
Fire code renovations of Red Mountain Building at TMCC 05-M03 $1,000,000
Life safety improvements of Bristlecone Building at WNCC 05-M09 $89,398
Fire sprinkler system for Pinion Hall Building at WNCC 05-M10 $86,044
4. The amount appropriated pursuant to subsection 2 is allocated to projects numbered and described in the executive budget for the 2005-2007 Biennium or otherwise described as follows:
(a) Capital Improvements for the Nevada System of Higher Education:
κ2005 Statutes of Nevada, Page 1545 (CHAPTER 398, SB 524)κ
Fire sprinkler system for Pinion Hills Building at WNCC........... 05-M10 $113,906
Design ADA improvements at WNCC in Carson City 05-P04 $275,775
Advance planning of academic medical center for School of Medicine in Las Vegas 05-P29L....................................................................... $1,500,000
Campus Improvements-UCCSN System........... 05-U1L $400,000
Campus Improvements-UNLV............................ 05-U2L $3,192,491
Campus Improvements-UNR............................... 05-U3L $3,546,906
Campus Improvements-CCSN............................. 05-U4L $1,170,432
Campus Improvements-DRI................................ 05-U5L $274,065
Campus Improvements-GBC............................... 05-U6L $269,955
Campus Improvements-TMCC........................... 05-U7L $676,945
Campus Improvements-WNCC........................... 05-U8L $365,206
Campus Improvements-NSC................................ 05-U9L $104,000
(b) Capital Improvements for the Department of Conservation and Natural Resources:
Indian Springs Camp upgrade, Division of Forestry 05-M05 $107,166
Renovate Las Vegas Native Plant Nursery........ 05-M27 $524,995
Kyle Canyon fire station upgrade........................ 05-M28 $116,930
Kyle Canyon fire station feasibility study........... 05-P18 $44,100
(c) Capital Improvements for the Department of Human Resources:
Furnishings and equipment for Southern Nevada Psychiatric Hospital 05-C03 $4,593,047
Deferred construction and furnishings and equipment for central kitchen, NNAMHS 05-C07....................................................................... $1,047,022
Rehabilitation of food service facilities buildings 4 and 5, Desert Regional Center 05-C15.......................................................................... $130,000
Remodel of gymnasium and multi-purpose building at Nevada Youth Training Center 05-C35.......................................................................... $627,829
Platform guardrail for rooftop HVAC unit at Lakes Crossing 05-M02 $22,196
Replace emergency generators at Desert Regional Center 05-M07 $281,486
Secure egress area for building 3A at SNAMHS 05-M08 $130,703
Generator for HVAC systems at SNCAS........... 05-M21 $446,626
HVAC system renovation at Lakes Crossing.... 05-M26 $177,193
HVAC system renovation for building 5 at NNAMHS 05-M32 $265,179
HVAC system renovation for building 8 at NNAMHS 05-M33 $371,997
Replacement of doors and door hardware at Lakes Crossing 05-M34 $122,999
κ2005 Statutes of Nevada, Page 1546 (CHAPTER 398, SB 524)κ
Domestic hot water system upgrades at Lakes Crossing........... 05-M35 $60,720
Remodel bathrooms in buildings 1, 2, 3 and 3A at SNAMHS 05-M41 $1,306,722
Demolition of buildings 6, 7, 9, 10, 11 and 24 at NNAMHS 05-M42 $1,600,000
Consolidated facilities building study at NNAMHS 05-P19 $277,411
(d) Capital Improvements for the Department of Administration:
Repair exterior of the Grant Sawyer state office building 05-C01 $2,309,671
Purchasing warehouse structural evaluation and repairs 05-M11 $188,910
Building exterior masonry repairs at the Stewart Complex 05-M46 $1,637,670
Statewide Roofing Program.................................... 05-S01 $5,122,932
Statewide ADA Program......................................... 05-S02 $3,227,032
Statewide Fire and Life Safety Program.............. 05-S03 $5,143,513
Statewide Advance Planning Program................. 05-S04 $591,299
Statewide Paving Program...................................... 05-S05 $3,763,264
Statewide Asbestos, Lead, Mold, IAQ Program.. 05-S06 $200,000
Statewide Underground Storage Tank Program. 05-S07 $232,531
(e) Capital Improvements for the Department of Cultural Affairs:
Design and construction of ADA entrance and connecting structure at Nevada State Museum in Carson City...................................................................... 05-C27 $600,000
Electrical and lighting upgrade at Lost City Museum 05-M04 $465,306
Light control switching at Nevada State Museum in Carson City 05-M12 $100,721
Drainage and walkway improvements at Ely Railroad Museum 05-M23 $180,076
Security upgrades at Nevada State Library and Archives 05-M43 $1,183,593
Replace failing doors at Nevada State Railroad Museum 05-M44 $120,139
Design State Records Center in Las Vegas.......... 05-P06 $180,464
(f) Capital Improvements for the Department of Public Safety:
Telephone data switches for State Emergency Operations Center in Carson City 05-C08 $577,490
Replacement of uninterruptible power supply for State Criminal Justice Computer System 05-M39.......................................................................... $104,847
Design new Campos office building in Las Vegas 05-P08 $1,257,768
κ2005 Statutes of Nevada, Page 1547 (CHAPTER 398, SB 524)κ
(g) Capital Improvements for the Office of Veterans Services:
Central dining room for Veterans Nursing Home in Boulder City 05-C17 $70,000
(h) Capital Improvements for the Department of Agriculture:
Purchase and remodel building for Elko branch office 05-C19 $745,000
Design new headquarters and lab building in Sparks 05-P09 $1,309,763
(i) Capital Improvements for the Department of Education:
Programming of space needs in Carson City...... 05-P10 $167,981
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2009, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 3. Commencing on July 1, 2007, the Forestry Division of the Department of Conservation and Natural Resources shall repay in annual installments to the State Treasurer for deposit to the State General Fund the cost of the project numbered and described in the executive budget for Fiscal Years 2005-2006 and 2006-2007 or otherwise described as project 05-M27, renovate Las Vegas native plant nursery. Each installment must be equal to 5 percent of the total cost of the completed project.
Sec. 4. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $211,841,019 for the capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the 2005-2007 biennium or otherwise described as follows:
Description Project No. Amount
1. Capital Improvements for the Department of Corrections:
Phase IV housing units at HDSP......................... 05-C20b $39,639,099
2. Capital Improvements for the Office of the Military:
Las Vegas readiness center for Nevada National Guard............ 05-C13 $11,365,932
3. Capital Improvements for the Nevada System of Higher Education:
Deferred construction of new campus library at UNR 05-C05 $15,800,000
Construction of science, engineering and technology complex at UNLV 05-C06 $15,822,050
Furnishings and equipment for academic and student services building and completion of master plan at Nevada State College....................................... 05-C10 $1,079,820
Greenspun College of Urban Affairs building at UNLV 05-C16 $33,366,389
κ2005 Statutes of Nevada, Page 1548 (CHAPTER 398, SB 524)κ
Design and construction of electrical and industrial technology building at Great Basin College 05-C18............................................................. $14,281,069
New classroom building on West Charleston Campus of CCSN 05-C20c $14,900,000
Automotive technology building, phase 1, on Cheyenne Campus of CCSN 05-C66L....................................................................... $9,400,000
Construction of student services building addition and renovation of Frazier Hall at UNLV 05-C67L....................................................................... $8,400,000
Science and math education center at UNR.... 05-C68L $31,400,000
4. Capital Improvements for the Department of Human Resources:
Rehabilitation of food service facilities buildings 4 and 5, Desert Regional Center 05-C15....................................................................... $1,768,598
Remodel of gymnasium and multi-purpose building at Nevada Youth Training Center 05-C35....................................................................... $3,199,570
5. Capital Improvements for the Department of Administration:
Repair exterior of the Grant Sawyer state office building 05-C01 $6,302,308
6. Capital Improvements for the Department of Cultural Affairs:
Design and construction of ADA entrance and connecting structure at Nevada State Museum in Carson City...................................................................... 05-C27 $2,859,894
7. Capital Improvements for the Office of Veterans Services:
Central dining room for Veterans Nursing Home in Boulder City 05-C17 $494,944
8. Capital Improvements for the State Department of Agriculture:
Purchase and remodel building for Elko branch office 05-C19 $1,761,346
Sec. 5. Any remaining balance of the allocated amounts authorized in section 4 of this act 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.
Sec. 6. 1. The State Board of Finance may issue the bonds authorized pursuant to section 4 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 Board, until the date on which bonds authorized by section 4 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 4 of this act. The State Controller shall not advance more than the face amount of the bonds authorized to be issued.
κ2005 Statutes of Nevada, Page 1549 (CHAPTER 398, SB 524)κ
bonds authorized to be issued. The advanced amounts must be repaid immediately to the State General Fund upon the sale of the bonds.
3. The Chief of the Budget Division of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of an advance from the State General Fund to the State Public Works Board pursuant to subsection 2.
Sec. 7. The State Public Works Board shall obtain approval of the type of new building exterior of the Grant Sawyer office building before expending any funding for the installation of the new building exterior for project 05-C01, repair the exterior at the Grant Sawyer state office building, from the Interim Finance Committee or the Legislature if in session, upon completion of the removal of the existing tile exterior.
Sec. 8. There is hereby appropriated from the State Highway Fund to the State Public Works Board the sum of $1,474,499 to support the Board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the 2005-2007 biennium or otherwise described as follows:
Description Project No. Amount
1. Furnishings, equipment and street improvements at new DMV field services office in North Las Vegas.............................................................................. 05-C02 $974,403
2. Statewide ADA Program........................................ 05-S02 $71,952
3. Statewide Fire and Life Safety Program............. 05-S03 $52,500
4. Statewide Paving Program.................................... 05-S05 $375,644
Sec. 9. Any remaining balance of the appropriations made by section 8 of this act must not be committed for expenditure after June 30, 2009, and must be reverted to the State Highway Fund on or before September 18, 2009.
Sec. 10. The amounts appropriated pursuant to section 8 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. 11. Expenditure of the following sums received by the Board of Regents of the University of Nevada pursuant to paragraph (b) of subsection 1 of NRS 375A.700 is hereby authorized for the following projects numbered and described in the executive budget for the 2005-2007 biennium or otherwise described as follows:
Description Project No. Amount
1. New classroom building on West Charleston Campus of CCSN 05-C20c $5,000,000
2. Academic and student services building at NSC 05-C64L $9,000,000
3. Cave Automated Virtual Environment facility at DRI 05-C65L $14,400,000
4. Automotive technology building, phase 1, on Cheyenne Campus of CCSN 05-C66L.......................................................................... $600,000
κ2005 Statutes of Nevada, Page 1550 (CHAPTER 398, SB 524)κ
Sec. 12. 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 2005-2007 biennium or otherwise described as follows:
Description Project No. Amount
1. Demolition of Nevada Highway Patrol office building in Las Vegas 05-C11 $334,264
2. Las Vegas readiness center for Nevada National Guard 05-C13 $14,853,000
3. Greenspun College of Urban Affairs building at UNLV............ 05-C16 $23,255,551
4. Central dining room for Veterans Nursing Home in Boulder City 05-C17 $631,971
5. Design and construction of electrical and industrial technology building at Great Basin College 05-C18................................................................... $500,000
6. New classroom building on West Charleston Campus of CCSN 05-C20c $5,000,000
7. Cave Automated Virtual Environment facility at DRI 05-C65L $3,470,000
8. Automotive technology building, phase 1, on Cheyenne Campus of CCSN 05-C66L....................................................................... $1,000,000
9. Construction of student services building addition and renovation of Frazier Hall at UNLV 05-C67L............................................................. $1,000,000
10. Science and math education center at UNR 05-C68L $18,000,000
11. Design new biotechnology and genomics research facility at UNR 05-P20 $5,446,333
12. Statewide Asbestos, Lead, Mold, IAQ Program 05-S06 $200,000
Sec. 13. The State Public Works Board shall not execute a contract for the construction of the following projects until the Board has determined that the money authorized for those projects pursuant to section 12 of this act is available for expenditure for those projects and cannot be expended for other purposes:
Description Project No.
1. Greenspun College of Urban Affairs building at UNLV............ 05-C16
2. Design and construction of electrical and industrial technology building at Great Basin College 05-C18
3. New classroom building on West Charleston Campus of CCSN 05-C20c
4. Cave Automated Virtual Environment facility at DRI.......... 05-C65L
5. Automotive technology building, phase 1, on Cheyenne Campus of CCSN 05-C66L
6. Construction of student services building addition and renovation of Frazier Hall at UNLV 05-C67L
κ2005 Statutes of Nevada, Page 1551 (CHAPTER 398, SB 524)κ
7. Science and math education center at UNR............................. 05-C68L
8. Design new biotechnology and genomics research facility at UNR 05-P20
Sec. 14. 1. 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 Board, until the date on which the sums not appropriated from the State General Fund or the State Highway Fund for project 05-C13, Las Vegas readiness center for Nevada National Guard, are received, amounts necessary to facilitate the start of the project. The advanced amounts must be repaid immediately to the State General Fund upon the receipt of the sums not appropriated from the State General Fund or the State Highway Fund.
2. The Chief of the Budget Division of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of an advance from the State General Fund to the State Public Works Board pursuant to subsection 1.
Sec. 15. The State Public Works Board shall not execute a contract for the design or construction of project 05-C17, central dining room for Veterans Nursing Home in Boulder City, until the Board has determined that the money authorized for this project pursuant to section 12 of this act is available for expenditure for this project and cannot be expended for other purposes.
Sec. 16. The State Public Works Board shall carry out the provisions of this act as provided in chapter 341 of NRS. The Board 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. 17. 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 Board to expedite the completion of the project.
Sec. 18. 1. An ad valorem tax of 15.85 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2005, and ending on June 30, 2006, and an ad valorem tax of 15.85 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2006, and ending on June 30, 2007. 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, 0.85 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 1.15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2005, and ending on June 30, 2006, and an ad valorem tax of 1.15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2006, and ending on June 30, 2007. 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. 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, Special Session.
κ2005 Statutes of Nevada, Page 1552 (CHAPTER 398, SB 524)κ
provisions of Chapter 6, Statutes of Nevada 2001, Special Session. 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 for 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. 19. 1. On or before July 1, 2005, and July 1, 2006, the State Controller shall estimate the amount of proceeds of the taxes levied by section 18 of this act. If the amount 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, he shall reserve in the State General Fund an amount which is sufficient to pay the remainder of the total obligation. The State Controller 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 15, 2006, and September 21, 2007, respectively.
3. The State Controller 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. 20. 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 73rd Session of the Nevada Legislature from the proceeds of those bonds.
Sec. 21. 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 $114,577,299 for the fiscal year beginning on July 1, 2005, and ending on June 30, 2006, and in the amount of $120,840,241 for the fiscal year beginning on July 1, 2006, and ending on June 30, 2007.
Sec. 22. With the approval of the Interim Finance Committee, the State Public Works Board and the Nevada System of Higher Education may transfer appropriated and authorized money from one project to another within the same agency or within the University and Community College System of Nevada for those projects listed in sections 1, 4, 11, 12 and 23 of this act.
κ2005 Statutes of Nevada, Page 1553 (CHAPTER 398, SB 524)κ
System of Nevada for those projects listed in sections 1, 4, 11, 12 and 23 of this act.
Sec. 23. 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 Board for the following capital improvement projects for the Nevada System of Higher Education:
Description Project No. Amount
Campus Improvements-UNLV................................... 05-U2L $1,862,699
Campus Improvements-UNR..................................... 05-U3L $2,284,636
Campus Improvements-CCSN................................... 05-U4L $493,189
Campus Improvements-DRI....................................... 05-U5L $48,193
Campus Improvements-GBC..................................... 05-U6L $3,241
Campus Improvements-TMCC.................................. 05-U7L $232,617
Campus Improvements-WNCC................................. 05-U8L $75,425
Sec. 24. Any remaining balance of the appropriation made by section 23 of this act must not be committed for expenditure after June 30, 2009, and must be reverted to the fund of origin on or before September 18, 2009.
Sec. 25. Section 11 of Chapter 478, Statutes of Nevada 1997, as last amended by Section 28 of Chapter 512, Statutes of Nevada 2003, at page 3507, is hereby amended to read as follows:
Sec. 11. 1. Except as otherwise provided in this section, any remaining balance of the allocated amounts authorized in Section 10 of Chapter 478, Statutes of Nevada 1997, at page 1832, must not be committed for expenditure after June 30, 2001, and [reverts] must be reverted to the bond interest and redemption account in the Consolidated Bond Interest and Redemption Fund [as soon as all payments of money committed have been made.] on or before September 21, 2001.
3. Any remaining balance of the allocated amounts authorized in Section 10 of Chapter 478, Statutes of Nevada 1997, at page 1832, for projects enumerated in Section 19 of Chapter 585, Statutes of Nevada 2001, at page 3000, must not be committed for expenditure after June 30, 2005, and [reverts] must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund [as soon as all payments of money committed have been made.] on or before September 16, 2005.
4. Any remaining balance of the allocated amounts authorized in Section 10 of Chapter 478, Statutes of Nevada 1997, at page 1832, for project 97-C15, Lied Library, UNLV, must not be committed for expenditure after June 30, [2005, and reverts] 2007, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund [as soon as all payments of money committed have been made.]
κ2005 Statutes of Nevada, Page 1554 (CHAPTER 398, SB 524)κ
expenditure after June 30, [2005, and reverts] 2007, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund [as soon as all payments of money committed have been made.] on or before September 21, 2007.
Sec. 26. Section 3 of Chapter 542, Statutes of Nevada 1999, as last amended by Section 29 of Chapter 512, Statutes of Nevada 2003, at page 3508, is hereby amended as follows:
Sec. 3. 1. Except as otherwise provided in this section, any remaining balance of the allocated amounts authorized in Sections 1 and 2 of Chapter 542, Statutes of Nevada 1999, at pages 2822 to 2826, inclusive, must not be committed for expenditure after June 30, 2003, and [reverts] must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund [as soon as all payments of money committed have been made.
2. Any] on or before September 19, 2003.
2. Except as otherwise provided in subsection 7, any remaining balance of the allocated amounts authorized in Section 1 of Chapter 542, Statutes of Nevada 1999, at page 2822, for projects enumerated in Section 20 of Chapter 585, Statutes of Nevada 2001, at page 3002, must not be committed for expenditure after June 30, 2005, and [reverts] must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund [as soon as all payments of money committed have been made.] on or before September 16, 2005.
3. Any remaining balance of the allocated amounts authorized in Section 1 of Chapter 542, Statutes of Nevada 1999, at page 2822, for the following projects, must not be committed for expenditure after June 30, 2004, and [reverts] must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund [as soon as all payments of money committed have been made:] on or before September 17, 2004:
Description Project No.
(a) New supply administration facility, Carson City.............. 99-C3
(b) SNAMHS, advance planning for psychiatric emergency crisis center 99-C7
(c) Capitol complex conduit system, phase II, Carson City. 99-C8
(d) Enclose pavilion at Veterans Cemetery, Fernley............. 99-C9
(e) Law School Renovation, UNLV........................................ 99-C12
(f) Science building on West Charleston campus, CCSN.... 99-C14
(g) Library and student center, WNCC................................... 99-C17
(h) High-Tech learning center, Green Valley, CCSN......... 99-C28L
(i) Statewide ADA program......................................................... 99-S2
κ2005 Statutes of Nevada, Page 1555 (CHAPTER 398, SB 524)κ
4. Any remaining balance of the allocated amounts authorized in Section 1 of Chapter 542, Statutes of Nevada 1999, at page 2822, for the following projects, must not be committed for expenditure after June 30, 2005 , and [reverts] must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund [as soon as all payments of money committed have been made:] on or before September 16, 2005:
Description Project No.
(a) Lied Library Furnishings, UNLV........................................ 99-C11
(b) [Redfield campus, phase I, UNR....................................... 99-C13
(c) Student development center, TMCC................................ 99-C16
(d) High-Tech learning center, TMCC................................. 99-C37L
(e)] Provide second exit from dormitories and install fire sprinklers at Caliente Youth Center 99-M1
[(f)] (c) Repair/remodel multipurpose building and replace ceiling and wall covers in the gymnasium, NYTC, Elko.................................................................................. 99-M22
[(g)] (d) Library Upgrade building data systems/wiring for Capitol Complex and Sawyer Building, Carson City and Las Vegas................................................................ 99-M26
[(h)] (e) Statewide asbestos, lead and indoor air quality program 99-S6
5. Any remaining balance of the allocated amounts authorized in Section 1 of Chapter 542, Statutes of Nevada 1999, at page 2822, for projects enumerated in Section 9 of [this act,] Chapter 512, Statutes of Nevada 2003, at page 3502, must not be committed for expenditure after June 30, 2007 , and [reverts] must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund [as soon as all payments of money committed have been made.] on or before September 21, 2007.
6. Any remaining balance of the allocated amounts authorized in Section 1 of Chapter 542, Statutes of Nevada 1999, at page 2822, for the following projects, must not be committed for expenditure after June 30, 2006, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2006:
Description Project No.
(a) Redfield campus, phase 1, UNR....................................... 99-C13
(b) High-Tech learning center, TMCC............................... 99-C37L
7. Any remaining balance of the allocated amounts authorized in Section 1 of Chapter 542, Statutes of Nevada 1999, at page 2822, for the following projects, must not be committed for expenditure after June 30, 2007, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 21, 2007:
κ2005 Statutes of Nevada, Page 1556 (CHAPTER 398, SB 524)κ
Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 21, 2007:
Description Project No.
(a) Mens Prison No. 7, Phase II............................................... 99-C1
(b) Student development center, TMCC................................ 99-C16
Sec. 27. Section 3 of Chapter 585, Statutes of Nevada 2001, as amended by Section 32 of Chapter 512, Statutes of Nevada 2003, at page 3510, is hereby amended to read as follows:
Sec. 3. 1. Except as otherwise provided in subsection 2, any remaining balance of the appropriations made by Section 2 of Chapter 585, Statutes of Nevada 2001, at page 2993, must not be committed for expenditure after June 30, 2005 , and [reverts] must be reverted to the State General Fund [as soon as all payments of money committed have been made.] on or before September 16, 2005.
2. Any remaining balance of the appropriations made by Section 2 of Chapter 585, Statutes of Nevada 2001, at page 2993, for the following projects, must not be committed for expenditure after June 30, 2007 , and [reverts] must be reverted to the State General Fund [as soon as all payments of money committed have been made:] on or before September 21, 2007:
Description Project No.
(a) Upgrade exercise areas of units 1-8 at ESP.................... 01-M30
(b) Replace windows in housing units 1-4 at NNCC........... 01-M33
(c) Upgrade pedestrian entrance area at SDCC................... 01-M38
(d) Advance planning for 2003 and future CIP Programs.. 01-C5
(e) Capitol, capitol annex and Blasdel building renovations 01-C10
(f) Repairs and improvements to Grant Sawyer state office building 01-M4
(g) Improvements to the Clear Creek Youth Center............ 01-M5
(h) Replace door locks on housing units at Caliente Youth Center 01-M13
(i) Sewage treatment plant improvements at SNCC, LCC, PCC and ECC 01-M40
Sec. 28. Section 5 of Chapter 585, Statutes of Nevada 2001, as amended by Section 33 of Chapter 512, Statutes of Nevada 2003, at page 3511, is hereby amended to read as follows:
Sec. 5. 1. Except as otherwise provided in [subsection 2,] this section, any remaining balance of the allocated amounts authorized in Section 4 of Chapter 585, Statutes of Nevada 2001, at page 2995, must not be committed for expenditure after June 30, 2005 , and [reverts] must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund [as soon as all payments of money committed have been made.] on or before September 16, 2005.
κ2005 Statutes of Nevada, Page 1557 (CHAPTER 398, SB 524)κ
2. Any remaining balance of the allocated amounts authorized in Section 4 of Chapter 585, Statutes of Nevada 2001, at page 2995, for project 01-C4, New State Motor Pool building, must not be committed for expenditure after June 30, 2007, and [reverts] must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund [as soon as all payments of money committed have been made.] on or before September 21, 2007.
3. Any remaining balance of the allocated amounts authorized in Section 4 of Chapter 585, Statutes of Nevada 2001, at page 2995, for project 01-C16, furnishings and build-out, Redfield campus, phase I, UNR, must not be committed for expenditure after June 30, 2006, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2006.
4. Any remaining balance of the allocated amounts authorized in Section 4 of Chapter 585, Statutes of Nevada 2001, at page 2995, for the following projects, must not be committed for expenditure after June 30, 2007, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 21, 2007:
Description Project No.
(a) Finalize southern Nevada veterans home....................... 01-C8
(b) Special childrens clinic addition and remodel.............. 01-C9
(c) Capitol, capitol annex and Blasdel building renovations 01-C10
(d) National Guard Rural Armory renovations................... 01-C12
(e) Planning, design and utility infrastructure for science and engineering complex, UNLV 01-C15
(f) Furnishings and build-out of library and student center, WNCC 01-C18
(g) Wright Hall addition and renovation, UNLV............... 01-C23
(h) New campus library, UNR................................................. 01-C24
(i) Academic and student services building, NSC............... 01-C25
(j) Telecommunications building on Cheyenne campus, CCSN 01-C29L
(k) HVAC upgrades at computer facility, Carson City..... 01-M26
(l) Replace boiler, pumps and piping at computer facility, Carson City 01-M27
(m) Statewide roofing program................................................. 01-S1
(n) Statewide ADA program....................................................... 01-S2
(o) Statewide fire sprinkler program........................................ 01-S3
Sec. 29. Section 22 of Chapter 585, Statutes of Nevada 2001, at page 3003, is hereby amended to read as follows:
Sec. 22. [Any]
1. Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts in Section 21 of [this act] Chapter 585, Statutes of Nevada 2001, at page 3002, must not be committed for expenditure after June 30, 2005, and [reverts] must be reverted to the fund of origin [as soon as all payments of money committed have been made.]
κ2005 Statutes of Nevada, Page 1558 (CHAPTER 398, SB 524)κ
the fund of origin [as soon as all payments of money committed have been made.] on or before September 16, 2005.
2. Any remaining balance of the allocated amounts authorized in Section 21 of Chapter 585, Statutes of Nevada 2001, at page 3002, for project 01-C16, furnishings and build-out, Redfield campus, phase I, UNR, must not be committed for expenditure after June 30, 2006, and must be reverted to the fund of origin on or before September 15, 2006.
3. Any remaining balance of the allocated amounts authorized in Section 21 of Chapter 585, Statutes of Nevada 2001, at page 3002, for the following projects, must not be committed for expenditure after June 30, 2007, and must be reverted to the fund of origin on or before September 21, 2007:
Description Project No.
(a) Advanced planning for 2003 and future CIP Programs 01-C5
(b) Special childrens clinic addition and remodel.............. 01-C9
(c) Furnishings and build-out of library and student center, WNCC 01-C18
(d) Improvements to the Clear Creek Youth Center............ 01-M5
(e) Statewide roofing program................................................... 01-S1
(f) Statewide ADA program........................................................ 01-S2
(g) Statewide fire sprinkler program........................................ 01-S3
Sec. 30. Section 23 of Chapter 585, Statutes of Nevada 2001, at page 3003, is hereby amended to read as follows:
Sec. 23. 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 Fiscal Years 2001-2002 and 2002-2003 or otherwise described as follows:
Description Project No. Amount
1. High Desert State Prison, phase III.......... 01-C1 $1,762,382
2. Advanced planning for Las Vegas readiness center 01-C6 $225,000
3. Veterans cemetery expansion, phase IV 01-C7 $3,322,869
4. National Guard Rural Armory renovations 01-C12 $1,800,059
5. [Furnishings and build-out, Redfield campus, phase I, UNR 01-C16 $2,500,000
6.] New campus library, UNR...................... 01-C24 $20,449,306
[7.] 6. Academic and student services building, NSC 01-C25 [$10,000,000]
$1,000,000
[8.] 7. Telecommunications building on Cheyenne campus, CCSN 01-C29L $1,000,000
κ2005 Statutes of Nevada, Page 1559 (CHAPTER 398, SB 524)κ
Sec. 31. Section 24 of Chapter 585, Statutes of Nevada 2001, at page 3003, is hereby amended to read as follows:
Sec. 24. The State Public Works Board shall not execute a contract for the construction of the following projects until the Board receives the money authorized for those projects pursuant to Section 23 of [this act:] Chapter 585, Statutes of Nevada 2001, at page 3003:
Description Project No.
1. [Furnishings and build-out, Redfield campus, phase 1, UNR 01-C16
2.] New campus library, UNR................................................ 01-C24
[3.] 2. Academic and student services building, NSC....... 01-C25
[4.] 3. Telecommunications building on Cheyenne campus, CCSN 01-C29L
Sec. 32. 1. This section, subsections 1 and 3 of section 1 of this act, and sections 2 to 31, inclusive, of this act become effective upon passage and approval.
2. Subsections 2 and 4 of section 1 of this act become effective on July 1, 2005.
________
Senate Bill No. 518Committee on Transportation and Homeland Security
CHAPTER 399
AN ACT relating to civil emergencies; replacing the Interstate Civil Defense and Disaster Compact with the Emergency Management Assistance Compact; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 415.010 is hereby amended to read as follows:
415.010 The Legislature of this State hereby ratifies a Compact on behalf of the State of Nevada with any other State legally joining therein in the form substantially as follows:
[Interstate Civil Defense and
Disaster Compact.
ARTICLE I
The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the Civil Defense agencies or similar bodies of the States that are parties hereto.
κ2005 Statutes of Nevada, Page 1560 (CHAPTER 399, SB 518)κ
the United States Government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the Civil Defense agencies or similar bodies of the States that are parties hereto. The Directors of Civil Defense of all party States shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.
ARTICLE II
It shall be the duty of each party State to formulate civil defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs the party States shall so far as possible provide and follow uniform standards, practices and rules and regulations including:
(a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services;
(b) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces and other tests and exercises;
(c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;
(d) The effective screening or extinguishing of all lights and lighting devices and appliances;
(e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
(f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State;
(g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or attacks;
(h) The safety of public meetings or gatherings; and
(i) Mobile support units.
ARTICLE III
Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall extend to the civil defense forces of any other party State, while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights, privileges and immunities as if they were performing their duties in the State in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the State receiving assistance.
κ2005 Statutes of Nevada, Page 1561 (CHAPTER 399, SB 518)κ
leaders but the organizational units will come under the operational control of the civil defense authorities of the State receiving assistance.
ARTICLE IV
Whenever any person holds a license, certificate or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate or other permit as if issued in the State in which aid is rendered.
ARTICLE V
No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
ARTICLE VI
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more States may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
ARTICLE VII
Each party State shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State.
ARTICLE VIII
Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding party State may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further that any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States.
κ2005 Statutes of Nevada, Page 1562 (CHAPTER 399, SB 518)κ
among those States. The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.
ARTICLE IX
Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party State of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.
ARTICLE X
This compact shall be available to any State, territory or possession of the United States, and the District of Columbia. The term State may also include any neighboring foreign country or province or State thereof.
ARTICLE XI
The committee established pursuant to Article I of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee.
ARTICLE XII
This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying and shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Civil Defense Agency and other appropriate agencies of the United States Government.
κ2005 Statutes of Nevada, Page 1563 (CHAPTER 399, SB 518)κ
Defense Agency and other appropriate agencies of the United States Government.
ARTICLE XIII
This compact shall continue in force and remain binding on each party State until the legislature or the Governor of such party State takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to withdraw to the Governors of all other party States.
ARTICLE XIV
This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.
ARTICLE XV
(a) This Article shall be in effect only as among those States which have enacted it into law or in which the Governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this compact. Nothing contained in this Article or in any supplementary agreement made in implementation thereof shall be construed to abridge, impair or supersede any other provision of this compact or any obligation undertaken by a State pursuant thereto, except that if its terms so provide, a supplementary agreement in implementation of this Article may modify, expand or add to any such obligation as among the parties to the supplementary agreement.
(b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures thereof shall apply to:
1. Searches for and rescue of persons who are lost, marooned, or otherwise in danger.
2. Action useful in coping with disasters arising from any cause or designed to increase the capability to cope with any such disasters.
3. Incidents, or the imminence thereof, which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger.
4. The giving and receiving of aid by subdivisions of party States.
5. Exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope with or prevent any disaster or other emergency to which this compact applies.
(c) Except as expressly limited by this compact or a supplementary agreement in force pursuant thereto, any aid authorized by this compact or such supplementary agreement may be furnished by any agency of a party State, a subdivision of such State, or by a joint agency providing such aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a State. The personnel of such a joint agency, when rendering aid pursuant to this compact shall have the same rights, authority and immunity as personnel of party States.
κ2005 Statutes of Nevada, Page 1564 (CHAPTER 399, SB 518)κ
pursuant to this compact shall have the same rights, authority and immunity as personnel of party States.
(d) Nothing in this Article shall be construed to exclude from the coverage of Articles I — XIV of this compact any matter which, in the absence of this Article, could reasonably be construed to be covered thereby.
(e) Nothing in subsection (a) shall be construed to limit previous or future entry into the Interstate Civil Defense and Disaster Compact of this State with other States.]
Implementation
This section authorizes the Governor to implement Public Law 104-321, Emergency Management Assistance Compact (EMAC), Articles 1 through 13, dated October 19, 1996.
Emergency Management Assistance Compact
ARTICLE I — PURPOSES AND AUTHORITIES
This Compact is made and entered into by and between the participating member States which enact this Compact, hereinafter called party States. For the purposes of this agreement, the term States is taken to mean the several States, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.
The purpose of this Compact is to provide for mutual assistance between the States entering into this Compact in managing any emergency or disaster that is duly declared by the Governor of the affected State(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.
This Compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party States or subdivisions of party States during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this Compact may include the use of the States National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between States.
ARTICLE II — GENERAL IMPLEMENTATION
Each party State entering into this Compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this Compact. Each State further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full and effective utilization of resources of the participating States, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party State, shall be the underlying principle on which all articles of this Compact shall be understood.
κ2005 Statutes of Nevada, Page 1565 (CHAPTER 399, SB 518)κ
care, and welfare of the people in the event of any emergency or disaster declared by a party State, shall be the underlying principle on which all articles of this Compact shall be understood.
On behalf of the Governor of each State participating in the Compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this Compact.
ARTICLE III — PARTY STATE RESPONSIBILITIES
1. It shall be the responsibility of each party State to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this Article. In formulating such plans, and in carrying them out, the party States, insofar as practical, shall:
(a) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party States might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency or enemy attack.
(b) Review party States individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.
(c) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.
(d) Assist in warning communities adjacent to or crossing the state boundaries.
(e) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue and critical lifeline equipment, services and resources, both human and material.
(f) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
(g) Provide, to the extent authorized by law, for temporary suspension of any statutes.
2. The authorized representative of a party State may request assistance of another party State by contacting the authorized representative of that State. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information:
(a) A description of the emergency service function for which assistance is needed, such as, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.
κ2005 Statutes of Nevada, Page 1566 (CHAPTER 399, SB 518)κ
(b) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.
(c) The specific place and time for staging of the assisting partys response and a point of contact at that location.
3. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party States with affected jurisdictions and the United States Government, with free exchange of information, plans and resource records relating to emergency capabilities.
ARTICLE IV — LIMITATIONS
Any party State requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this Compact in accordance with the terms hereof; provided that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall afford to the emergency forces of any party State, while operating within its state limits under the terms and conditions of this Compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights and privileges as are afforded forces of the State in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the State receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the Governor of the party State that is to receive assistance or commencement of exercise or training for mutual aid and shall continue so long as the exercise or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving State(s), whichever is longer.
ARTICLE V — LICENSES AND PERMITS
Whenever any person holds a license, certificate, or other permit issued by any State party to the Compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party State, such person shall be deemed licensed, certified or permitted by the State requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting State may be prescribed by executive order or otherwise.
ARTICLE VI — LIABILITY
Officers or employees of a party State rendering aid in another State pursuant to this Compact shall be considered agents of the requesting State for tort liability and immunity purposes; and no party State or its officers or employees rendering aid in another State pursuant to this Compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith.
κ2005 Statutes of Nevada, Page 1567 (CHAPTER 399, SB 518)κ
such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this Article shall not include willful misconduct, gross negligence or recklessness.
ARTICLE VII — SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more States may differ from that among the States that are party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or affect any other agreements already in force between States. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.
ARTICLE VIII — COMPENSATION
Each party State shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that State and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this Compact, in the same manner and on the same terms as if the injury or death were sustained within their own State.
ARTICLE IX — REIMBURSEMENT
Any party State rendering aid in another State pursuant to this Compact shall be reimbursed by the party State receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party State may assume in whole or in part such loss, damage, expense or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further, that any two or more party States may enter into supplementary agreements establishing a different allocation of costs among those States. Article VIII expenses shall not be reimbursable under this provision.
ARTICLE X — EVACUATION
Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party States and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the State from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies and all other relevant factors.
κ2005 Statutes of Nevada, Page 1568 (CHAPTER 399, SB 518)κ
different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies and all other relevant factors. Such plans shall provide that the party State receiving evacuees and the party State from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party State from which the evacuees come. After the termination of the emergency or disaster, the party State from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.
ARTICLE XI — IMPLEMENTATION
1. This Compact shall become operative immediately upon its enactment into law by any two (2) States; thereafter, this Compact shall become effective as to any other State upon its enactment by such State.
2. Any party State may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the Governor of the withdrawing State has given notice in writing of such withdrawal to the Governors of all other party States. Such action shall not relieve the withdrawing State from obligations assumed hereunder prior to the effective date of withdrawal.
3. Duly authenticated copies of this Compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.
ARTICLE XII — VALIDITY
This Act shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this Compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby.
ARTICLE XIII — ADDITIONAL PROVISIONS
Nothing in this Compact shall authorize or permit the use of military force by the National Guard of a State at any place outside that State in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would, in the absence of express statutory authorization, be prohibited under section 1385 of Title 18, United States Code.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2005 Statutes of Nevada, Page 1569κ
Assembly Bill No. 127Committee on Health and Human Services
CHAPTER 400
AN ACT relating to public health; making various changes concerning the duties of the State Dental Health Officer and the State Public Health Dental Hygienist; providing subsidies from the Fund for a Healthy Nevada for the coverage of certain additional benefits, including dental and vision benefits, within the program of subsidies for the provision of prescription drugs and pharmaceutical services to senior citizens; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.272 is hereby amended to read as follows:
439.272 1. The Health Division shall appoint a State Dental Health Officer, who is in the unclassified service of the State. The State Dental Health Officer must:
(a) Be a resident of this State;
(b) Hold a current license to practice dentistry issued pursuant to chapter 631 of NRS; and
(c) Be appointed on the basis of his education, training and experience and his interest in public dental health and related programs.
2. The State Dental Health Officer shall:
(a) Determine the needs of the residents of this State for public dental health;
(b) Provide the Health Division with advice regarding public dental health;
(c) Make recommendations to the Health Division and the Legislature regarding programs in this State for public dental health;
(d) Supervise the activities of the State Public Health Dental Hygienist; and
(e) Seek such information and advice from a dental school of the University and Community College System of Nevada as necessary to carry out his duties.
3. [Except as otherwise provided in this subsection, the] The State Dental Health Officer shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit. [Notwithstanding the provisions of NRS 281.127 and 284.143, the State Dental Health Officer may engage in academic instruction, research and studies at a dental school of the University and Community College System of Nevada.]
4. The Health Division may solicit and accept gifts and grants to pay the costs associated with [the position of State Dental Health Officer.] oral health programs.
Sec. 2. NRS 439.279 is hereby amended to read as follows:
439.279 1. The Health Division shall appoint a State Public Health Dental Hygienist, who is in the unclassified service of the State. The State Public Health Dental Hygienist must:
κ2005 Statutes of Nevada, Page 1570 (CHAPTER 400, AB 127)κ
(a) Be a resident of this State;
(b) Hold a current license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement issued pursuant to NRS 631.287; and
(c) Be appointed on the basis of his education, training and experience and his interest in public health dental hygiene and related programs.
2. The State Public Health Dental Hygienist:
(a) Shall assist the State Dental Health Officer in carrying out his duties; and
(b) May:
(1) Make recommendations to the Health Division regarding programs in this State for public health dental hygiene; and
(2) Perform any acts authorized pursuant to NRS 631.287.
3. [Except as otherwise provided in this subsection, the] The State Public Health Dental Hygienist shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit. [Notwithstanding the provisions of NRS 281.127 and 284.143, the State Public Health Dental Hygienist may engage in academic instruction, research and studies in a program of the University and Community College System of Nevada.]
4. The Health Division may solicit and accept gifts and grants to pay the costs associated with the position of State Public Health Dental Hygienist.
Sec. 3. NRS 439.600 is hereby amended to read as follows:
439.600 1. The Legislature hereby declares that its priorities in expending the proceeds to the State of Nevada from settlement agreements with and civil actions against manufacturers of tobacco products are:
(a) To increase the number of Nevada students who attend and graduate from Nevada institutions of higher education; and
(b) To assist Nevada residents in obtaining and maintaining good health.
2. To further these priorities, the Legislature hereby declares that it is in the best interest of the residents of this State that all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products and all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products be dedicated solely toward the achievement of the following goals:
(a) Increasing the number of Nevada residents who enroll in and attend a university, college or community college in the State of Nevada;
(b) Reducing and preventing the use of tobacco products, alcohol and illegal drugs, especially by children;
(c) Expanding the availability of health insurance and health care for children and adults in this State, especially for children and for adults with disabilities;
(d) Assisting senior citizens who have modest incomes in purchasing prescription drugs , pharmaceutical services and, to the extent money is available, other services, including, without limitation, dental and vision services, and assisting those senior citizens in meeting their needs related to health care, home care, respite care and their ability to live independent of institutional care; and
(e) Promoting the general health of all residents of the State of Nevada.
κ2005 Statutes of Nevada, Page 1571 (CHAPTER 400, AB 127)κ
Sec. 4. NRS 439.630 is hereby amended to read as follows:
439.630 1. The Task Force for the Fund for a Healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and
(5) Offer other general or specific information on health care in this State.
(b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to pay for prescription drugs , [and] pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits for senior citizens pursuant to NRS 439.635 to 439.690, inclusive, and to fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745. From the money reserved to the Department pursuant to this paragraph, the Department may subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs , [and] pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits pursuant to NRS 439.635 to 439.690, inclusive, and fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive, and administering any program established pursuant to NRS 422.274 or 422.2745. The Department shall submit a quarterly report to the Governor, the Task Force for the Fund for a Healthy Nevada and the Interim Finance Committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
(d) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
Κ The Aging Services Division of the Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada concerning the independent living needs of senior citizens.
κ2005 Statutes of Nevada, Page 1572 (CHAPTER 400, AB 127)κ
(e) Allocate, by contract or grant, for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.
(f) Allocate, by contract or grant, for expenditure not more than 10 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children.
(g) Allocate, by contract or grant, for expenditure not more than 7.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Task Force shall, to the extent practicable, allocate the money evenly among the following three types of programs:
(1) Programs that provide respite for persons caring for persons with disabilities;
(2) Programs that provide positive behavioral supports to persons with disabilities; and
(3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.
(h) Reserve not more than 2.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to fund in whole or in part any program established pursuant to NRS 422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in administering any program established pursuant to NRS 422.2745.
(i) Maximize expenditures through local, federal and private matching contributions.
(j) Ensure that any money expended from the Fund for a Healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.
(k) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.
(l) To make the allocations required by paragraphs (e), (f) and (g):
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept applications for allocations;
(3) Conduct annual evaluations of programs to which allocations have been awarded; and
(4) Submit annual reports concerning the programs to the Governor and the Interim Finance Committee.
(m) Transmit a report of all findings, recommendations and expenditures to the Governor and each regular session of the Legislature.
2. The Task Force may take such other actions as are necessary to carry out its duties.
3. The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.
κ2005 Statutes of Nevada, Page 1573 (CHAPTER 400, AB 127)κ
4. To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:
(a) Prioritize and quantify the needs of senior citizens for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;
(d) Award grants or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the grant program to the Governor and the Interim Finance Committee.
5. The Aging Services Division of the Department shall submit each proposed grant which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive, or to pay for any program established pursuant to NRS 422.274 or 422.2745.
6. The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph (e), (f) or (g) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the contract or grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
Sec. 5. NRS 439.665 is hereby amended to read as follows:
439.665 1. The Department may enter into contracts with private insurers who transact health insurance in this State to arrange for the availability, at a reasonable cost, of policies of health insurance that provide coverage to senior citizens for prescription drugs , [and] pharmaceutical services [.] and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits.
2. Within the limits of the money available for this purpose in the Fund for a Healthy Nevada, a senior citizen who is not eligible for Medicaid and who is eligible for a policy of health insurance that is made available pursuant to subsection 1 is entitled to an annual grant from the Fund to subsidize the cost of that insurance, including premiums and deductibles, if he has been domiciled in this State for at least 1 year immediately preceding the date of his application and:
(a) If the senior citizen is single, his income is not over $21,500; or
(b) If the senior citizen is married, his household income is not over $28,660.
Κ The monetary amounts set forth in this subsection must be adjusted for each fiscal year by adding to each amount the product of the amount shown multiplied by the percentage increase in the Consumer Price Index from December 2002 to the December preceding the fiscal year for which the adjustment is calculated.
κ2005 Statutes of Nevada, Page 1574 (CHAPTER 400, AB 127)κ
3. The subsidy granted pursuant to this section must not exceed the annual cost of insurance that [provides coverage for prescription drugs and pharmaceutical services,] is made available pursuant to subsection 1, including premiums and deductibles.
4. A policy of health insurance that is made available pursuant to subsection 1 must provide for:
(a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer; and
(b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer.
5. The Department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant or enrollee based on one or more of the following circumstances:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship, when considering the current financial circumstances of the applicant or enrollee.
Κ An applicant or enrollee who requests such a waiver shall include with that request all medical and financial documents that support his request.
6. If the Federal Government provides any coverage [of prescription] for:
(a) Prescription drugs and pharmaceutical services ; or
(b) Other benefits, including, without limitation, dental or vision benefits,
Κ for senior citizens who are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the Department may, upon approval of the Legislature, or the Interim Finance Committee if the Legislature is not in session, change any program established pursuant to NRS 439.635 to 439.690, inclusive, and otherwise provide assistance with prescription drugs , [and] pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits for senior citizens within the limits of the money available for this purpose in the Fund for a Healthy Nevada.
7. The provisions of subsections 1 to 5, inclusive, do not apply [if] to the extent that the Department provides assistance [with prescription drugs and pharmaceutical services] for senior citizens pursuant to subsection 6.
Sec. 6. This act becomes effective on July 1, 2005.
________
Assembly Bill No. 289Assemblyman Mortenson
CHAPTER 401
AN ACT relating to cultural resources; requiring the Administrator of the Office of Historic Preservation of the Department of Cultural Affairs to establish a stewardship program for the protection of cultural resources; providing funding to carry out the stewardship program; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
κ2005 Statutes of Nevada, Page 1575 (CHAPTER 401, AB 289)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 383 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Administrator shall, by regulation, establish a stewardship program to:
(a) Protect cultural resources located on public land in this State;
(b) Increase public awareness of the significance and value of cultural resources and the damage done to cultural resources by an act of vandalism;
(c) Discourage acts of vandalism and the unlawful sale and trade of artifacts, including, without limitation, archeological and paleontological materials;
(d) Support and encourage improved standards for investigating and researching cultural resources in this State;
(e) Promote cooperation among governmental agencies, organizations, private industries, Native American tribes and persons who wish to protect cultural resources and enter into agreements with those agencies, organizations, private industries, Native American tribes and persons to promote the protection of cultural resources; and
(f) Increase the inventory of cultural resources maintained pursuant to NRS 383.021.
2. The Administrator shall select, train and certify volunteers to serve in the stewardship program based upon the requirements established by the Administrator.
3. The stewardship program may:
(a) In cooperation with governmental agencies, organizations, private industries, Native American tribes and persons specified in paragraph (e) of subsection 1, submit a proposed list to the Administrator for his approval setting forth any sites that are or may include cultural resources located on public land in this State;
(b) Schedule periodic monitoring activities by volunteers of sites included on the list approved pursuant to paragraph (a);
(c) Establish requirements for reporting any act of vandalism to appropriate authorities as determined by the Administrator; and
(d) Establish programs for educating the members of the public concerning the significance and value of cultural resources and the loss to the members of the public resulting from damage to cultural resources.
4. The Administrator shall coordinate the activities of federal agencies, private industries, Native American tribes and state and local governmental agencies, as necessary, to carry out the stewardship program.
5. The Administrator and the Office shall provide administrative services to assist in carrying out the stewardship program.
6. Volunteers selected for the stewardship program serve without compensation and are not entitled to receive any per diem allowance or travel expenses.
7. The Administrator may accept gifts, grants, donations or contributions from any source to assist him in carrying out the stewardship program.
κ2005 Statutes of Nevada, Page 1576 (CHAPTER 401, AB 289)κ
8. As used in this section, act of vandalism means to damage, destroy or commit or threaten to commit any other act that defaces or harms any cultural resources without the consent of the owner or appropriate governmental agency, including, without limitation, inscribing, marking, etching, scratching, drawing, painting on or affixing to the cultural resources any mark, figure or design.
Sec. 2. NRS 383.011 is hereby amended to read as follows:
383.011 As used in this chapter, unless the context otherwise requires:
1. Administrator means the Administrator of the Office.
2. Advisory Board means the Board of Museums and History.
3. Cultural resources means any objects, sites or information of historic, prehistoric, archeological, architectural or paleontological significance.
4. Director means the Director of the Department of Cultural Affairs.
[4.] 5. Office means the Office of Historic Preservation of the Department of Cultural Affairs.
Sec. 3. NRS 383.021 is hereby amended to read as follows:
383.021 1. The Office of Historic Preservation is hereby created.
2. The Office shall:
(a) Encourage, plan and coordinate historic preservation and archeological activities within the State, including programs to survey, record, study and preserve or salvage [objects, localities and information of historic, prehistoric and paleoenvironmental significance.] cultural resources.
(b) Compile and maintain an inventory of [historic, archeological and architectural] cultural resources in Nevada deemed significant by the Administrator.
(c) Designate repositories for the materials that comprise the inventory.
3. The Comstock Historic District Commission is within the Office.
Sec. 4. 1. On or before July 1 of the 2005-2006 and 2006-2007 Fiscal Years, the Commission on Tourism shall transfer the following amounts from the proceeds from the taxes imposed on the revenue from the rental of transient lodging which have been credited to the Fund for the Promotion of Tourism to the Office of Historic Preservation of the Department of Cultural Affairs to carry out the stewardship program created pursuant to section 1 of this act:
For the Fiscal Year 2005-2006....................................................... $62,608
For the Fiscal Year 2006-2007....................................................... $77,225
2. Any balance of the sums transferred pursuant to subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the Fund for the Promotion of Tourism on or before September 15, 2006, and September 21, 2007, respectively.
Sec. 5. This act becomes effective on July 1, 2005.
________
κ2005 Statutes of Nevada, Page 1577κ
Assembly Bill No. 64Assemblymen Carpenter, Goicoechea, Marvel, Grady, Hettrick, Claborn and Sherer
Joint Sponsors: Senators Rhoads and McGinness
CHAPTER 402
AN ACT relating to ethics in government; authorizing the Commission on Ethics to use legal counsel other than the Commission Counsel under certain circumstances; exempting a person elected as a supervisor of a conservation district from the requirement of filing a statement of financial disclosure with the Secretary of State; revising the provisions relating to the circumstances under which a public officer or employee has not committed a willful violation of certain provisions of the Nevada Ethics in Government Law; and providing other matters properly relating thereto.
[Approved: June 14, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.4645 is hereby amended to read as follows:
281.4645 1. The Commission Counsel is the legal adviser to the Commission. For each opinion of the Commission, the Commission Counsel shall prepare, at the direction of the Commission, the appropriate findings of fact and conclusions as to relevant standards and the propriety of particular conduct within the time set forth in subsection 4 of NRS 281.511. The Commission Counsel shall not issue written opinions concerning the applicability of the statutory ethical standards to a given set of facts and circumstances except as directed by the Commission.
2. The Commission may rely upon the legal advice of the Commission Counsel in conducting its daily operations.
3. If the Commission Counsel is prohibited from acting on a particular matter [pursuant to NRS 281.501, he shall disclose the reasons therefor to the Chairman and] or is otherwise unable to act on a particular matter, the Commission may:
(a) Request that the Attorney General [shall] appoint a deputy to act in the place of the Commission Counsel [for that particular matter.] ; or
(b) Employ outside legal counsel.
Sec. 2. NRS 281.551 is hereby amended to read as follows:
281.551 1. In addition to any other penalty provided by law, the Commission may impose on a public officer or employee or former public officer or employee civil penalties:
(a) Not to exceed $5,000 for a first willful violation of this chapter;
(b) Not to exceed $10,000 for a separate act or event that constitutes a second willful violation of this chapter; and
(c) Not to exceed $25,000 for a separate act or event that constitutes a third willful violation of this chapter.
2. In addition to other penalties provided by law, the Commission may impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorneys fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281.511, against a person who prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.
κ2005 Statutes of Nevada, Page 1578 (CHAPTER 402, AB 64)κ
the person about whom an opinion was requested pursuant to NRS 281.511, against a person who prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.
3. If the Commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization by another person of a financial benefit, the Commission may, in addition to other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.
4. In addition to any other penalty provided by law, by an affirmative vote of two-thirds of the Commission, the Commission may impose on any person who violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to exceed $5,000. The Commission shall not impose a civil penalty for a violation of NRS 294A.345 unless the Commission has made the specific findings required pursuant to subsection 7 of NRS 281.477.
5. If the Commission finds that:
(a) A willful violation of this chapter has been committed by a public officer removable from office by impeachment only, the Commission shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.
(b) A willful violation of this chapter has been committed by a public officer removable from office pursuant to NRS 283.440, the Commission may file a proceeding in the appropriate court for removal of the officer.
(c) Three or more willful violations have been committed by a public officer removable from office pursuant to NRS 283.440, the Commission shall file a proceeding in the appropriate court for removal of the officer.
6. An action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 is not a willful violation of a provision of those sections if the public officer or employee [:
(a) Relied] establishes by sufficient evidence that he satisfied all of the following requirements:
(a) He relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents or by the employer of the public employee or upon the manual published by the Commission pursuant to NRS 281.471;
(b) [Was] He was unable, through no fault of his own, to obtain an opinion from the Commission before the action was taken; and
(c) [Took] He took action that was not contrary to a prior published opinion issued by the Commission.
7. In addition to other penalties provided by law, a public employee who willfully violates a provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.
8. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees. If the Commission finds that a public officer or employee has committed a willful violation of this chapter which it believes may also constitute a criminal offense, the Commission shall refer the matter to the Attorney General or the district attorney, as appropriate, for a determination of whether a crime has been committed that warrants prosecution.
κ2005 Statutes of Nevada, Page 1579 (CHAPTER 402, AB 64)κ
Attorney General or the district attorney, as appropriate, for a determination of whether a crime has been committed that warrants prosecution.
9. The imposition of a civil penalty pursuant to subsections 1 to 4, inclusive, is a final decision for the purposes of judicial review.
10. A finding by the Commission that a public officer or employee has violated any provision of this chapter must be supported by a preponderance of the evidence unless a greater burden is otherwise prescribed by law.
Sec. 3. NRS 281.561 is hereby amended to read as follows:
281.561 1. Each candidate for public office who will be entitled to receive annual compensation of $6,000 or more for serving in the office that he is seeking and , except as otherwise provided in subsection 2, each public officer who was elected to the office for which he is serving shall file with the Secretary of State a statement of financial disclosure, as follows:
(a) A candidate for nomination, election or reelection to public office shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office; and
(b) Each public officer shall file a statement of financial disclosure on or before January 15 of each year of the term, including the year the term expires.
2. A person elected pursuant to NRS 548.285 to the office of supervisor of a conservation district is not required to file a statement of financial disclosure relative to that office pursuant to subsection 1.
3. A candidate for judicial office or a judicial officer shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281.571.
[3.] 4. A statement of financial disclosure shall be deemed to be filed with the Secretary of State:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On the date that it was received by the Secretary of State if the statement was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
[4.] 5. The statement of financial disclosure filed pursuant to this section must be filed on the form prescribed by the Commission pursuant to NRS 281.471.
[5.] 6. The Secretary of State shall prescribe, by regulation, procedures for the submission of statements of financial disclosure filed pursuant to this section, maintain files of such statements and make the statements available for public inspection.
Sec. 4. Any civil penalty or fine pending on the effective date of this act which was imposed pursuant to NRS 281.581 or any other provision of law against an elected supervisor of a conservation district for failing to file a statement of financial disclosure pursuant to NRS 281.561 is hereby declared void and must not be collected.
Sec. 5. This act becomes effective upon passage and approval and the amendatory provisions of subsection 2 of section 3 of this act apply retroactively to January 1, 2004.
________
κ2005 Statutes of Nevada, Page 1580κ
Assembly Bill No. 314Assemblymen McCleary, McClain, Holcomb, Manendo, Mortenson, Seale and Sibley
CHAPTER 403
AN ACT relating to public officers; requiring any person appointed by the Legislature, members of the Legislature or the Governor to serve as a member of a public board to have resided in the State, district, county, township or other area prescribed by law to which the office pertains for at least 6 months immediately preceding the appointment; and providing other matters properly relating thereto.
[Approved: June 14, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, when the Legislature or a member thereof discharges a duty or exercises a power conferred by law to appoint a person to a new term or to fill a vacancy on a board, commission, committee, council, authority or similar body, it or he shall appoint a person who has, in accordance with the provisions of NRS 281.050, actually, as opposed to constructively, resided, for at least 6 months immediately preceding the date of the appointment:
(a) In this State; and
(b) If current residency in a particular county, district, ward, subdistrict or any other unit is prescribed by the provisions of law that govern the position, also in that county, district, ward, subdistrict or other unit.
2. The provisions of subsection 1 do not apply if:
(a) A requirement of law concerning another characteristic or status that a member must possess, including, without limitation, membership in another organization, would make it impossible to fulfill the provisions of subsection 1; or
(b) The membership of the particular board, commission, committee, council, authority or similar body includes residents of another state and the provisions of subsection 1 would conflict with a requirement that applies to all members of that body.
Sec. 2. Chapter 223 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, when the Governor discharges a duty or exercises a power conferred by law to appoint a person to a new term or to fill a vacancy on a board, commission, committee, council, authority or similar body, he shall appoint a person who has, in accordance with the provisions of NRS 281.050, actually, as opposed to constructively, resided, for at least 6 months immediately preceding the date of the appointment:
(a) In this State; and
(b) If current residency in a particular county, district, ward, subdistrict or any other unit is prescribed by the provisions of law that govern the position, also in that county, district, ward, subdistrict or other unit.
κ2005 Statutes of Nevada, Page 1581 (CHAPTER 403, AB 314)κ
govern the position, also in that county, district, ward, subdistrict or other unit.
2. The provisions of subsection 1 do not apply if:
(a) A requirement of law concerning another characteristic or status that a member must possess, including, without limitation, membership in another organization, would make it impossible to fulfill the provisions of subsection 1; or
(b) The membership of the particular board, commission, committee, council, authority or similar body includes residents of another state and the provisions of subsection 1 would conflict with a requirement that applies to all members of that body.
Sec. 3. NRS 232A.020 is hereby amended to read as follows:
232A.020 1. Except as otherwise provided in this section, a person appointed to a new term or to fill a vacancy on a board, commission or similar body by the Governor must have, in accordance with the provisions of NRS 281.050, actually, as opposed to constructively, resided, for the 6 months immediately preceding the date of the appointment:
(a) In this State; and
(b) If current residency in a particular county, district, ward, subdistrict or any other unit is prescribed by the provisions of law that govern the position, also in that county, district, ward, subdistrict or other unit.
2. After the Governors initial appointments of members to boards, commissions or similar bodies, all such members shall hold office for terms of 3 years or until their successors have been appointed and have qualified.
[2.] 3. A vacancy on a board, commission or similar body occurs when a member dies, resigns, becomes ineligible to hold office or is absent from the State for a period of 6 consecutive months.
[3.] 4. Any vacancy [shall] must be filled by the Governor for the remainder of the unexpired term.
[4.] 5. A member appointed to a board, commission or similar body as a representative of the general public [shall] must be a person who:
(a) Has an interest in and a knowledge of the subject matter which is regulated by the board, commission or similar body; and
(b) Does not have a pecuniary interest in any matter which is within the jurisdiction of the board, commission or similar body.
6. The provisions of subsection 1 do not apply if:
(a) A requirement of law concerning another characteristic or status that a member must possess, including, without limitation, membership in another organization, would make it impossible to fulfill the provisions of subsection 1; or
(b) The membership of the particular board, commission or similar body includes residents of another state and the provisions of subsection 1 would conflict with a requirement that applies to all members of that body.
Sec. 4. NRS 240.015 is hereby amended to read as follows:
240.015 1. Except as otherwise provided in this section, a person appointed as a notary public must:
(a) During the period of his appointment, be a citizen of the United States or lawfully admitted for permanent residency in the United States as verified by the United States Citizenship and Immigration [and Naturalization Service.] Services.
(b) Be a resident of this State.
κ2005 Statutes of Nevada, Page 1582 (CHAPTER 403, AB 314)κ
(c) Be at least 18 years of age.
(d) Possesses his civil rights.
2. If a person appointed as a notary public ceases to be lawfully admitted for permanent residency in the United States during his appointment, he shall, within 90 days after his lawful admission has expired or is otherwise terminated, submit to the Secretary of State evidence that he is lawfully readmitted for permanent residency as verified by the United States Citizenship and Immigration [and Naturalization Service.] Services. If the person fails to submit such evidence within the prescribed time, his appointment expires by operation of law.
3. The Secretary of State may appoint a person who resides in an adjoining state as a notary public if the person:
(a) Maintains a place of business in the State of Nevada; or
(b) Is regularly employed at an office, business or facility located within the State of Nevada by an employer licensed to do business in this State.
Κ If such a person ceases to maintain a place of business in this State or regular employment at an office, business or facility located within this State, the Secretary of State may suspend his appointment. The Secretary of State may reinstate an appointment suspended pursuant to this subsection if the notary public submits to the Secretary of State, before his term of appointment as a notary public expires, an affidavit which contains the information required pursuant to subsection 2 of NRS 240.030.
Sec. 5. The amendatory provisions of this act do not abrogate or affect the current term of office of any person appointed by the Legislature, members of the Legislature or the Governor to serve as a member of a board, commission, committee, council, authority or similar body who is serving in that term on October 1, 2005.
________
Assembly Bill No. 425Assemblymen Giunchigliani, Parks and Atkinson
Joint Sponsor: Senator Titus
CHAPTER 404
AN ACT relating to development; authorizing incentives for certain types of development; requiring zoning regulations to protect certain resources and to ensure smart growth; requiring a person requesting an amendment to a master plan to hold a neighborhood meeting in certain circumstances; and providing other matters properly relating thereto.
[Approved: June 14, 2005]
κ2005 Statutes of Nevada, Page 1583 (CHAPTER 404, AB 425)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5, 6 and 6.5 of this act.
Sec. 1.5. Gaming enterprise district has the meaning ascribed to it in NRS 463.0158.
Secs. 2-5. (Deleted by amendment.)
Sec. 6. The regional planning commission shall continue to study and develop methods to provide incentives for:
1. Mixed-use development, transit-oriented development, the development of a brownfield site and development which minimizes the negative impact on the environment. As used in this subsection, brownfield site has the meaning ascribed to it in 42 U.S.C. § 9601.
2. Large commercial development which provides employee parking at a site other than the commercial development. Such incentives may be developed in cooperation with the regional transportation commission and other local governmental entities.
Sec. 6.5. (Deleted by amendment.)
Sec. 7. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 1.5, 6 and 6.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, and section 1.5 of this act have the meanings ascribed to them in those sections.
Sec. 8. (Deleted by amendment.)
Sec. 9. NRS 278.02521 is hereby amended to read as follows:
278.02521 1. The Legislature recognizes the need for innovative strategies of planning and development that:
(a) Address the anticipated needs and demands of continued urbanization and the corresponding need to protect environmentally sensitive areas; and
(b) Will allow the development of less populous regions of this State if such regions:
(1) Seek increased economic development; and
(2) Have sufficient resources of land and water to accommodate development in a manner that is environmentally sound.
2. The Legislature further recognizes that innovative strategies of planning and development may be superior to conventional strategies of planning and development with respect to:
(a) Protecting environmentally sensitive areas;
(b) Maintaining the economic viability of agricultural and other predominantly rural land uses; and
(c) Providing cost-effective public facilities and services.
3. It is the intent of the Legislature that each comprehensive regional policy plan adopted or amended pursuant to this chapter should set forth a process of planning which:
(a) Allows for:
(1) The efficient use of land within existing urban areas; and
(2) The conversion of rural lands to other uses, if such other uses are appropriate and consistent with the provisions of this chapter and the master plan of each affected city and county.
(b) Uses innovative and flexible strategies of planning and development and creative techniques of land use planning which promote sustainable growth, including, without limitation, establishment of new towns, the maintenance of open space and mixed-use development.
κ2005 Statutes of Nevada, Page 1584 (CHAPTER 404, AB 425)κ
growth, including, without limitation, establishment of new towns, the maintenance of open space and mixed-use development.
4. It is the further intent of the Legislature that when the governing body of a local government adopts a master plan or zoning regulation, the plan or regulation should promote a strategy of maximizing the use of existing facilities and services through redevelopment, interspersion of new housing and businesses in established neighborhoods and other mechanisms for urban revitalization.
5. It is the further intent of the Legislature that the construction of public facilities and the provision of services necessary to support development should be coordinated with activities of development to ensure that demand for such facilities and services can be met at the time the demand is created. In carrying out this intent, local and regional governmental entities are encouraged to construct public facilities, including, without limitation, buildings that are certified in accordance with the Leadership in Energy and Environmental Design Green Building System or its equivalent, provide services or carry out development in phases. Public facilities constructed and services provided to accommodate new development should be consistent with plans for capital improvements prepared pursuant to NRS 278.0226.
Sec. 10. NRS 278.02528 is hereby amended to read as follows:
278.02528 1. The regional planning coalition shall develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.
2. In developing the plan, the coalition:
(a) May consult with other entities that are interested or involved in regional planning within the county.
(b) Shall ensure that the comprehensive regional policy plan includes goals, policies, maps and other documents relating to:
(1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.
(2) Population, including, without limitation, standardized projections for population growth in the region.
(3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region [.] , and that the plan addresses, if applicable, mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts.
(4) Transportation.
(5) The efficient provision of public facilities and services, including, without limitation, roads, water and sewer service, police and fire protection, mass transit, libraries and parks.
(6) Air quality.
(7) Strategies to promote and encourage:
(I) The interspersion of new housing and businesses in established neighborhoods; and
(II) Development in areas in which public services are available.
κ2005 Statutes of Nevada, Page 1585 (CHAPTER 404, AB 425)κ
3. The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:
(a) Carried by the affirmative votes of not less than two-thirds of its total membership; and
(b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to NRS 278.02514.
Sec. 11. NRS 278.02535 is hereby amended to read as follows:
278.02535 1. The regional planning coalition shall study and develop methods to provide incentives for [the] :
(a) The interspersion of new housing and businesses in established neighborhoods, including, without limitation, the:
[(a)] (1) Creation of an expedited process for granting necessary permits for a development that features such interspersion; and
[(b)] (2) Imposition of a fee for the extension of infrastructure to encourage such interspersion.
(b) Mixed-use development, transit-oriented development, the development of a brownfield site and development which minimizes the negative impact on the environment. As used in this paragraph, brownfield site has the meaning ascribed to it in 42 U.S.C. § 9601.
(c) Large commercial development which provides employee parking at a site other than the commercial development. Such incentives may be developed in cooperation with the regional transportation commission and other governmental entities.
2. As used in this section, infrastructure means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, libraries, community centers, police and fire protection, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.
Sec. 12. NRS 278.02542 is hereby amended to read as follows:
278.02542 1. The regional planning coalition may:
(a) Coordinate sources of information . [;]
(b) Recommend measures to increase the efficiency of governmental entities and services . [;]
(c) Make recommendations regarding the disposal of federal land . [;]
(d) Establish methods for resolving issues related to annexation, boundaries and other matters that arise between jurisdictions . [;]
(e) At least every 5 years, review:
(1) Master plans, facilities plans and other similar plans, and amendments thereto, adopted by a governing body, regional agency, state agency or public utility that is located in whole or in part within the region; and
(2) The annual plan for capital improvements that is prepared by each local government in the region pursuant to NRS 278.0226 . [;]
(f) Develop and recommend, to the extent practicable, standardized classifications for land use for the region . [;]
(g) Consider and take necessary action with respect to any issue that the regional planning coalition determines will have a significant impact on the region, including, without limitation, projects of regional significance . [;]
κ2005 Statutes of Nevada, Page 1586 (CHAPTER 404, AB 425)κ
(h) Review, consider and make recommendations regarding applications submitted to agencies of the Federal Government and applications for federal assistance for federally assisted programs or projects . [; and]
(i) Designate allowable future land uses for each part of the county, including, without limitation, the identification of each category of land use in which the construction and operation of a public school is permissible. The identification of a category of land use in which the construction and operation of a public school is permissible must be carried out in consultation with the county school district and include a determination of whether there is sufficient land in the proximity of a residential development to meet projected needs for public schools.
2. The regional planning coalition shall establish a definition for the term project of regional significance. In establishing the definition, the regional planning coalition shall consider:
(a) Existing definitions of the term within the Nevada Revised Statutes; and
(b) That a project may have regional significance for several reasons, including, without limitation, the potential impact that the project may have on historic, archaeological, cultural, scenic and natural resources, public facilities , including, without limitation, schools, and public services within the region.
Sec. 13. NRS 278.026 is hereby amended to read as follows:
278.026 As used in NRS 278.026 to 278.029, inclusive, and sections 6 and 6.5 of this act, unless the context otherwise requires:
1. Affected entity means a public utility, franchise holder, local or regional agency, or any other entity having responsibility for planning or providing public facilities relating to transportation, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality or public education. The term does not include:
(a) A state agency; or
(b) A public utility which is subject to regulation by the Public Utilities Commission of Nevada.
2. Facilities plan means a plan for the development of public facilities which will have a regional impact or which will aid in accomplishing regional goals relating to transportation, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality or public education. The term does not include a plan for the development of a specific site or regulations adopted by an affected entity to implement the comprehensive regional plan.
3. Governing board means the governing board for regional planning created pursuant to NRS 278.0264.
4. Joint planning area means an area that is the subject of common study and planning by the governing body of a county and one or more cities.
5. Project of regional significance, with respect to a project proposed by any person other than a public utility, means a project which:
(a) Has been identified in the guidelines of the regional planning commission as a project which will result in the loss or significant degradation of a designated historic, archeological, cultural or scenic resource;