κ1999 Statutes of Nevada, Page 2851κ
Assembly Bill No. 519Assemblymen Humke, Buckley, Arberry, Berman, Perkins, Nolan, Beers, Parks, Goldwater, Segerblom, Giunchigliani, Carpenter, Thomas, Anderson, Bache, Freeman, Tiffany, Koivisto, McClain, Claborn, Mortenson, de Braga, Chowning, Gustavson and Angle
CHAPTER 545
AN ACT relating to the division of child and family services of the department of human resources; requiring the administrator of the division to appoint certain deputies, including a deputy administrator for youth corrections; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.350 is hereby amended to read as follows:
232.350 Unless federal law or regulation requires otherwise:
1. The administrators of the divisions of the department, except as otherwise provided in subsections 2 and 3, may each appoint a deputy and a chief assistant in the unclassified service of the state.
2. The administrator of the division of child and family services of the department [may appoint three] shall appoint four deputies in the unclassified service of the state [.] , one of whom is the deputy administrator for youth corrections who is responsible only for correctional services for youths for which the division is responsible, including, without limitation, juvenile correctional institutions, parole of juveniles, administration of juvenile justice and programs for juvenile justice.
3. The administrator of the division of health care financing and policy of the department may appoint two deputies in the unclassified service of the state.
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κ1999 Statutes of Nevada, Page 2852κ
Assembly Bill No. 598Committee on Ways and Means
CHAPTER 546
AN ACT relating to public works; requiring governmental entities to comply with certain federal requirements in the design, construction and alteration of public buildings and facilities; requiring the state public works board and local building departments to verify that public buildings and facilities conform with the federal requirements; revising provisions governing the development and review of plans for the construction and alteration of school buildings; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.180 is hereby amended to read as follows:
338.180 1. The legislature of the State of Nevada declares that:
(a) The primary purpose of this section is to provide, subject to the limitations set forth in this section, for the removal and elimination of architectural barriers to the physically handicapped in public buildings and facilities designed after July 1, 1973, in order to encourage and facilitate the employment of the physically handicapped and to make public buildings accessible to and usable by the physically handicapped; and
(b) It is the intent of the legislature that insofar as possible all buildings and facilities used by the public be accessible to, and functional for, the physically handicapped, without loss of function, space or facility where the general public is concerned.
2. All plans and specifications for the construction of public buildings and facilities owned by the [state] State of Nevada or by a political subdivision [, district, authority, board or public corporation or entity of the state] thereof must, after July 1, 1973, [must] provide facilities and features for the physically handicapped so that buildings which are normally used by the public are constructed with entrance ramps, toilet facilities, drinking fountains, doors and public telephones accessible to and usable by the physically handicapped. [Such] In addition, all plans and specifications for the construction or alteration of public buildings and facilities owned by the State of Nevada or a political subdivision thereof must comply with the applicable requirements of the:
(a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations;
(b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq.; and
(c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted pursuant thereto. The requirements of paragraph (a) of this subsection are not satisfied if the plans and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
κ1999 Statutes of Nevada, Page 2853 (Chapter 546, AB 598)κ
The requirements of paragraph (a) of this subsection are not satisfied if the plans and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
3. The State of Nevada and each political subdivision thereof shall, in the design, construction and alteration of public buildings and facilities comply with the applicable requirements of the:
(a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations;
(b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq.; and
(c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted pursuant thereto.
The requirements of paragraph (a) of this subsection are not satisfied if the State of Nevada or a political subdivision thereof complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
4. The state public works board shall verify that all public buildings and facilities [must] owned by the State of Nevada conform with the [Minimum Federal Guidelines and Requirements for Accessible Design, as issued by the United States Architectural and Transportation Barriers Compliance Board in the Federal Register of January 16, 1981.] requirements of this section. Each political subdivision shall verify that all public buildings and facilities owned by the political subdivision conform with the requirements of this section.
Sec. 2. NRS 278.610 is hereby amended to read as follows:
278.610 1. [Except as otherwise provided in subsection 3, after] After the establishment of the position of building inspector and the filling of the position as provided in NRS 278.570, it is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the territory covered by the building code or zoning regulations without obtaining a building permit from the building inspector.
2. The building inspector shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully [conform] :
(a) Conform to all building code and zoning regulations then in effect.
(b) If applicable, comply with the provisions of NRS 393.110.
3. [The provisions of subsection 1 do not apply to a school district to which the state public works board has delegated its powers and duties under NRS 393.110.
4.] A building inspector shall not issue a building permit to a person acting for another unless the applicant proves to the satisfaction of the building inspector that he is licensed as a contractor for that work pursuant to the provisions of NRS 624.230 to 624.320, inclusive.
κ1999 Statutes of Nevada, Page 2854 (Chapter 546, AB 598)κ
Sec. 3. NRS 385.125 is hereby amended to read as follows:
385.125 1. The state board may adopt standard plans, designs and specifications for the construction of school buildings by the boards of trustees of the various school districts. If such plans, designs and specifications are adopted, provision must be made for the production and distribution of such plans, designs and specifications by appropriate rules and regulations. The board of trustees of a school district may use any such plans, designs and specifications if it determines that the plans, designs and specifications are in the best interests of the district.
2. Before the adoption of any such standard plans, designs and specifications, the state board shall submit the plans, designs and specifications to the state public works board, whose written approval thereof must be obtained before any further consideration by the state board. The state public works board shall [ensure] verify that the plans, designs and specifications comply with all applicable requirements of the Americans with Disabilities Act of 1990 , [(] 42 U.S.C. §§ 12101 [to 12213, inclusive).] et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
3. The state public works board may charge and collect and the state board may pay a reasonable fee for the costs incurred by the state public works board in approving the standard plans, designs and specifications submitted.
Sec. 4. NRS 393.110 is hereby amended to read as follows:
393.110 1. Each school district shall, in the design, construction and alteration of school buildings and facilities comply with the applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if a school district complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
2. Except as otherwise provided in subsection [2:] 3:
(a) Unless standard plans, designs and specifications are to be used as provided in NRS 385.125, before letting any contract or contracts for the erection of any new school building, the board of trustees of a school district shall submit plans, designs and specifications therefor to and obtain the written approval of the plans, designs and specifications by the state public works board. The state public works board shall review the plans, designs and specifications and make any recommendations as expeditiously as practicable. The state public works board is authorized to charge and collect, and the board of trustees is authorized to pay, a reasonable fee for the payment of any costs incurred by the state public works board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.
κ1999 Statutes of Nevada, Page 2855 (Chapter 546, AB 598)κ
approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.
(b) Before letting any contract or contracts for any addition to or alteration of an existing school building which involves structural systems, or exiting, sanitary or fire protection facilities, the board of trustees of a school district shall submit plans, designs and specifications therefor to and obtain the written approval of the plans, designs and specifications by the state public works board. The state public works board shall review the plans, designs and specifications and make any recommendations as expeditiously as practicable. The state public works board is authorized to charge and collect, and the board of trustees is authorized to pay, a reasonable fee for the payment of any costs incurred by the state public works board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.
The state public works board shall [ensure] verify that all plans, designs and specifications that it reviews pursuant to this section comply with all applicable requirements of the Americans with Disabilities Act of 1990 , [(] 42 U.S.C. §§ 12101 [to 12213, inclusive).
2. Upon the request of a board of trustees of a school district, or its designated representative, the] et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
3. The state public works board may [waive the requirements specified in subsection 1 and delegate its powers and duties thereunder to the district.
3.] enter into an agreement with the appropriate building department of a county or city to review plans, designs and specifications of a school district pursuant to subsection 2. If the state public works board [waives the requirements of subsection 1 and delegates its powers and duties thereunder to a school district,] enters into such an agreement, the board of trustees of the school district shall submit a copy of its [final] plans, designs and specifications for any project to which [that section] subsection 2 applies to the building [and planning department of the appropriate city or county before completion] department before commencement of the project [.] for the approval of the building department. The building department shall review the plans, designs and specifications and provide responsive comment as expeditiously as practicable to verify that the plans, designs and specifications comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., inclusive, and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The building department may charge and collect a reasonable fee from the board of trustees of the school district for the payment of any costs incurred by the building department in reviewing the plans, designs and specifications.
κ1999 Statutes of Nevada, Page 2856 (Chapter 546, AB 598)κ
collect a reasonable fee from the board of trustees of the school district for the payment of any costs incurred by the building department in reviewing the plans, designs and specifications. A permit for construction must not be issued without the approval of the building department pursuant to this subsection. The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
4. No contract for any of the purposes specified in subsection 1 made by a board of trustees of a school district contrary to the provisions of this section is valid, nor shall any public money be paid for erecting, adding to or altering any school building in contravention of this section.
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Senate Bill No. 128Senators ODonnell, OConnell, Amodei, Coffin, Jacobsen, James, Mathews, McGinness, Neal, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend and Washington
CHAPTER 547
AN ACT relating to contractors; authorizing the state contractors board to request the public utilities commission of Nevada to order providers of telephone service to disconnect a telephone number included in advertisements for services for which the advertiser does not have the required license; authorizing the board to request a provider of paging services to switch a beeper number or disconnect paging services to a beeper included in such advertising; requiring such providers of services to comply with the orders; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.3017 is hereby amended to read as follows:
624.3017 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Workmanship which is not commensurate with standards of the trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship must meet the standards prescribed in the Uniform Building Code, Uniform Plumbing Code or National Electrical Code in the form of the code most recently approved by the board. The board shall review each edition of the Uniform Building Code, Uniform Plumbing Code or National Electrical Code that is published after the 1996 edition to ensure its suitability. Each new edition of the code shall be deemed approved by the board unless the edition is disapproved by the board within 60 days of the publication of the code.
2. Advertising projects of construction without including in the advertisements the name and license number of the licensed contractor who is responsible for the construction.
3. Advertising projects of construction beyond the scope of the license.
κ1999 Statutes of Nevada, Page 2857 (Chapter 547, SB 128)κ
Sec. 2. NRS 624.307 is hereby amended to read as follows:
624.307 1. It is unlawful for any person, including a person exempt under the provisions of NRS 624.330, to advertise as a contractor unless he has a [valid] license in the appropriate classification established by the provisions of NRS 624.215 and 624.220.
2. All advertising by a licensed contractor must include the number of his license.
3. If, after giving notice and holding a hearing pursuant to NRS 624.310, the board determines that a person has engaged in advertising in a manner that violates the provisions of this section, the board may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of this chapter, issue an order to the person to cease and desist the unlawful advertising and to:
(a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.
(b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.
4. If a person fails to comply with paragraph (a) of subsection 3 within 5 days after the date that he receives an order pursuant to subsection 3, the board may request the public utilities commission of Nevada to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 3 within 5 days after the date he receives an order pursuant to subsection 3, the board may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.
5. If the provider of paging services receives a request from a person pursuant to subsection 3 or a request from the board pursuant to subsection 4, it shall:
(a) Disconnect the paging service to the person; or
(b) Switch the beeper number of the paging service provided to the person.
If the provider of paging services elects to switch the number pursuant to paragraph (b), it shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.
6. As
used in this section [, advertising]
:
(a) Advertising includes , but is not limited to , the issuance of any sign, card or device , or [by] the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission or in any directory under the listing of contractor with or without any limiting qualifications.
[3. All advertising by a licensed contractor must include the number of his license.]
κ1999 Statutes of Nevada, Page 2858 (Chapter 547, SB 128)κ
(b) Beeper means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.
(c) Provider of paging services means an entity, other than a public utility, that provides paging service to a beeper.
(d) Provider of telephone service has the meaning ascribed to it in NRS 707.355.
Sec. 3. NRS 624.310 is hereby amended to read as follows:
624.310 1. Except as otherwise provided in subsection 4, if the board refuses to issue or renew a license, suspends or revokes a license , has probable cause to believe that a person has violated NRS 624.307 or imposes an administrative fine pursuant to NRS 624.235, the board shall hold a hearing. The time and place for the hearing must be fixed by the board, and notice of the time and place of the hearing must be personally served on the applicant or accused or mailed to the last known address of the applicant or accused at least 30 days before the date fixed for the hearing.
2. The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the record of the hearing before the board.
3. The hearing must be public if a request is made therefor.
4. The board may suspend the license of a contractor without a hearing if the board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the license of the contractor and incorporates that finding in its order. If the board summarily suspends the license of the contractor, the board must notify the contractor by certified mail. A hearing must be held within 30 days after the suspension if the contractor submits a written request for a hearing to the board within 20 days after the board summarily suspends his license.
Sec. 4. Chapter 703 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon receiving a request from the state contractors board to disconnect a telephone number pursuant to NRS 624.307, the commission shall issue an order to the appropriate provider of telephone service to disconnect the telephone number.
2. Compliance in good faith by a provider of telephone service with an order of the commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the provider of telephone service arising from the termination of service.
3. As used in this section, provider of telephone service has the meaning ascribed to it in NRS 707.355.
Sec. 5. NRS 707.355 is hereby amended to read as follows:
707.355 1. Each provider of telephone service in this
state shall, when notified that [a] :
(a) A court
has ordered the disconnection of a telephone number pursuant to NRS 706.2855 [,] ; or
κ1999 Statutes of Nevada, Page 2859 (Chapter 547, SB 128)κ
(b) The public utilities commission of Nevada has ordered the disconnection of a telephone number pursuant to NRS 624.307 and section 4 of this act,
take such action as is necessary to carry out the order of
the court [.] or the public utilities commission of
Nevada.
2. A provider of telephone service shall not:
(a) Forward or offer to forward the telephone calls of a telephone number disconnected from service pursuant to the provisions of this section; or
(b) Provide or offer to provide a recorded message that includes the new telephone number for a business whose telephone number was disconnected from service pursuant to the provisions of this section.
3. As used in this section, provider of telephone service includes, but is not limited to:
(a) A public utility furnishing telephone service.
(b) A provider of cellular or other service to a telephone that is installed in a vehicle or is otherwise portable.
Sec. 6. Subsection 5 of section 2 of this act shall not be interpreted or applied in a manner to unconstitutionally interfere with contractual rights in effect at the time this act becomes effective. For purposes of this section, the date the contract was last renewed shall be deemed to be the effective date of the rights contained therein.
Sec. 7. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1999.
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Senate Bill No. 559Committee on Finance
CHAPTER 548
AN ACT relating to the department of museums, library and arts; revising the qualifications of the director of the department; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 378.0086 is hereby amended to read as follows:
378.0086 The director:
1. Is appointed by and responsible to the governor, and serves at the pleasure of the governor.
2. Is in the unclassified service of the state.
3. Shall not engage in any other gainful employment or occupation.
4. Must be selected with special reference to training, experience, capacity and interest in cultural resources, arts or library or archive management, or any combination thereof. His knowledge and abilities must include, without limitation:
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his administrative direction;
κ1999 Statutes of Nevada, Page 2860 (Chapter 548, SB 559)κ
(b) The administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject matters;
(c) The ability to organize and present oral and written communications to the governor, the legislature and other pertinent officials or persons; and
(d) The ability to oversee the carrying out of the statutory responsibilities of the department and of the policies, rules and regulations of the department.
5. Must have demonstrated ability and 4 years of experience administering a major public agency [in the field of museums, libraries or arts, or a related agency.] or in business administration.
6. Must have [an advanced degree in the humanities, history, science, the arts, library science, or a related field, or in public administration.] a degree from an accredited 4-year college or university.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 558Committee on Finance
CHAPTER 549
AN ACT making an appropriation to the Department of Transportation to conduct a feasibility study of improving access highways in adjoining states; and providing other matters properly relating thereto.
[Approved June 9, 1999]
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 Department of Transportation the sum of $250,000 to conduct a feasibility study of improving roads and highways in adjoining states that provide access into this state.
2. The study must include a review of the manner in which such highways are constructed, improved and maintained.
3. The money appropriated by subsection 1 may be used only if matching money is provided by Clark County or from sources other than the appropriation made by subsection 1.
4. The State Controller shall not distribute any money from the appropriation made pursuant to subsection 1 until the matching money required by subsection 3 has been committed.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as the payments of money committed have been made.
Sec. 3. This act becomes effective on July 1, 1999.
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κ1999 Statutes of Nevada, Page 2861κ
Senate Bill No. 530Committee on Government Affairs
CHAPTER 550
AN ACT relating to local improvements; authorizing a municipality to form a local improvement district for a commercial area vitalization project; authorizing a municipality who forms a local improvement district for a commercial area vitalization project to enter into contracts with certain nonprofit associations for certain purposes; authorizing a municipality to dissolve a local improvement district formed for such purposes under certain circumstances; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 through 11, inclusive, of this act.
Sec. 2. Association means an association described in section 5 of this act.
Sec. 3. Commercial area vitalization project includes:
1. The beautification and improvement of the public portions of any area zoned primarily for business or commercial purposes, including, without limitation:
(a) Public restrooms;
(b) Facilities for outdoor lighting and heating;
(c) Decorations;
(d) Fountains;
(e) Landscaping;
(f) Facilities or equipment, or both, to enhance protection of persons and property within the improvement district;
(g) Ramps, sidewalks and plazas; and
(h) Rehabilitation or removal of existing structures; and
2. The improvement of an area zoned primarily for business or commercial purposes by providing promotional activities.
Sec. 4. Promotional activity includes:
1. Promotion of public events that benefit business or real property in the improvement district.
2. Providing music in any public place within the improvement district.
3. Promotion of tourism within the improvement district.
4. Marketing and economic development, including the recruitment and retention of retail business.
5. Providing services related to security, sanitation, the removal of graffiti, the cleaning of streets and sidewalks and providing other municipal services that are supplemental to those typically provided by the municipality.
6. Any other activity that benefits businesses and real property located in the improvement district.
Sec. 5. 1. A governing body that forms an improvement district for a commercial area vitalization project may contract with a nonprofit association to provide the improvements that are specified in the plans for the commercial area vitalization project. If creation of the commercial improvement district was initiated by petition, the governing body shall contract for that purpose with the association named in the plan for management of the improvement district.
κ1999 Statutes of Nevada, Page 2862 (Chapter 550, SB 530)κ
improvement district was initiated by petition, the governing body shall contract for that purpose with the association named in the plan for management of the improvement district.
2. An association with which a governing body contracts pursuant to subsection 1 must be a private nonprofit corporation and must be identified in the plan for management of the improvement district. The association shall maintain liability insurance covering its activities.
3. The contract between the governing body and the association is a contract for professional services and is not subject to the limitations of subsection 1 of NRS 354.626. The terms of the contract may extend:
(a) Beyond the terms of office of members of the governing body; and
(b) For the time necessary to cover the life of improvements and to fulfill financial commitments for equipment, services and related undertakings.
4. The association does not become a political subdivision, local government, public body, governmental agency or entity, establishment of the government, public corporation or quasi-public corporation for any purpose solely on the basis of a contract entered into with a governing body pursuant to subsection 1.
5. A contract executed pursuant to this section must ensure that the type and level of services provided by the municipality at the time of the creation of the improvement district continue after the improvement district is formed.
Sec. 6. 1. A contract executed pursuant to section 5 of this act must specify the approvals required for expenditures and provide for internal controls adequate to protect the assets of the improvement district. The contract must provide for audits of the association by the governing body at the discretion of the governing body.
2. If an audit finds a misuse of money or any fraud in the activities of the association, the governing body may take control of any assets of the association related to the improvement district.
Sec. 7. An association with which a governing body contracts pursuant to section 5 of this act may, at any time, request that the governing body modify a plan or plat with regard to the commercial area vitalization project. Upon the written request of the association, the governing body may modify the plan or plat by ordinance after holding a hearing on the proposed modification pursuant to section 10 of this act. If the proposed modification of a plat expands the territory for assessment, a person who owns or resides within a tract which is located within the territory proposed to be added to the improvement district and which is used exclusively for residential purposes may file a protest pursuant to section 9 of this act at any time before the governing body modifies the plat by ordinance. A petition is not required for a modification made pursuant to this section.
κ1999 Statutes of Nevada, Page 2863 (Chapter 550, SB 530)κ
Sec. 8. 1. The association with which a governing body contracts pursuant to section 5 of this act shall cause to be prepared a report for each fiscal year in which assessments are to be levied and collected.
2. The report prepared pursuant to subsection 1 must be filed with the city clerk on or before February 1 of the fiscal year immediately preceding the fiscal year to which the report applies and must include:
(a) The name of the improvement district;
(b) The fiscal year to which the report applies;
(c) Any proposed changes to the boundaries of the improvement district for that fiscal year;
(d) The improvements to be provided for that fiscal year;
(e) An estimate of the cost of providing the improvements set forth pursuant to paragraph (d);
(f) The method and basis of levying each assessment to be levied for that fiscal year in sufficient detail to allow each property owner to calculate the amount of the assessment to be levied against his property for that fiscal year;
(g) The amount of any surplus or deficit revenues to be carried over from a preceding fiscal year; and
(h) The amount of any money received by the district from sources other than assessments levied pursuant to this chapter.
Sec. 9. 1. Before a proposed assessment plat for a commercial area vitalization project is adopted by ordinance, a person who owns or resides within a tract which:
(a) Is located within the proposed improvement district; and
(b) Is used exclusively for residential purposes,
may file with the clerk a written protest to the inclusion of the tract in the assessment plat. The protest must be accompanied by a legal description of the tract.
2. Upon receipt of a protest pursuant to subsection 1, the clerk shall provide a copy of the protest and legal description of the property to the governing body.
3. Before adopting a resolution or ordinance pursuant to NRS 271.325 and before adopting an ordinance that modifies an assessment plat for a commercial area vitalization project to include additional tracts of land, the governing body shall modify the assessment plat for a commercial area vitalization project to exclude any tract for which it received a protest pursuant to this section and which it determines will not benefit from the activities or improvements that are proposed to be provided by the commercial area vitalization project.
Sec. 10. 1. On or before June 30 of each year after the governing body acquires or improves a commercial area vitalization project, the governing body shall prepare or cause to be prepared an estimate of the expenditures required in the ensuing fiscal year and a proposed assessment roll assessing an amount not greater than the estimated cost against the benefited property. The assessment must be computed according to frontage or another uniform and quantifiable basis.
κ1999 Statutes of Nevada, Page 2864 (Chapter 550, SB 530)κ
2. The governing body shall hold a public hearing upon the estimate of expenditures and the proposed assessment roll. Notice must be given and the hearing conducted in the manner provided in NRS 271.380 and 271.385. The assessment may not exceed the amount stated in the proposed assessment roll unless a new hearing is held after notice is mailed and published in the manner provided in NRS 271.305 and 271.310.
3. After the public hearing, the governing body shall confirm the assessments, as specified in the proposed assessment roll or as modified, and levy the assessment as provided in NRS 271.390.
4. An improvement district created for a commercial area vitalization project is not entitled to any distribution from the local government tax distribution account.
Sec. 11. 1. The governing body may, by resolution, dissolve an improvement district that is created for the purposes of a commercial area vitalization project if property owners whose property is assessed for a combined total of more than 50 percent of the total amount of the assessments of all the property in the improvement district submit a written petition to the governing body that requests the dissolution of the district within the period prescribed in subsection 2.
2. The dissolution of an improvement district pursuant to this section may be requested within 30 days after:
(a) The first anniversary of the date the improvement district was created; and
(b) Each subsequent anniversary thereafter.
3. As soon as practicable after the receipt of the written petition of the property owners submitted pursuant to subsection 1, the governing body shall pass a resolution of intention to dissolve the improvement district. The governing body shall give notice of a hearing on the dissolution. The notice must be provided and the hearing must be held pursuant to the requirements set forth in section 10 of this act. If the governing body determines that dissolution of the improvement district is appropriate, it shall dissolve the improvement district by resolution, effective not earlier than the 30th day after the hearing.
4. If there is indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the improvement district, the portion of the assessment necessary to pay the indebtedness remains effective and must be continued in the following years until the debt is paid.
Sec. 12. NRS 271.030 is hereby amended to read as follows:
271.030 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 271.035 to 271.250, inclusive, sections 2, 3 and 4 of this act and section 2 of [this act,] Assembly Bill No. 95 of this session, have the meanings ascribed to them in those sections.
Sec. 13. NRS 271.125 is hereby amended to read as follows:
271.125 Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized [.] , including, without limitation, conducting promotional activities within an improvement district created for a commercial area vitalization project.
κ1999 Statutes of Nevada, Page 2865 (Chapter 550, SB 530)κ
Sec. 14. NRS 271.265 is hereby amended to read as follows:
271.265 1. The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both, within and without the municipality:
(a) A commercial area vitalization project;
(b) A curb and gutter project;
[(b)] (c) A drainage project;
[(c)] (d) An offstreet parking project;
[(d)] (e) An overpass project;
[(e)] (f) A park project;
[(f)] (g) A sanitary sewer project;
[(g)] (h) A security wall;
[(h)] (i) A sidewalk project;
[(i)] (j) A storm sewer project;
[(j)] (k) A street project;
[(k)] (l) A street beautification project;
[(l)] (m) A transportation project;
[(m)] (n) An underpass project;
[(n)] (o) A water project; and
[(o)] (p) Any combination of such projects.
2. In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both, within and without the municipality:
(a) An electrical project;
(b) A telephone project;
(c) A combination of an electrical project and a telephone project;
(d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and
(e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.
3. In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.
Sec. 15. NRS 271.280 is hereby amended to read as follows:
271.280 1. Whenever the governing body is of the opinion that the interest of the municipality requires any project, the governing body, by resolution, shall direct the engineer to prepare, or may, after he has prepared, ratify:
(a) Preliminary plans showing:
(1) A typical section of the contemplated improvement.
(2) The type or types of material, approximate thickness and wideness.
(3) A preliminary estimate of the cost of the project, including incidental costs.
κ1999 Statutes of Nevada, Page 2866 (Chapter 550, SB 530)κ
(b) An assessment plat showing:
(1) The area to be assessed.
(2) Except as otherwise provided in section 3 of [this act,] Assembly Bill No. 95 of this session, the amount of maximum benefits estimated to be assessed against each tract in the assessment area.
The governing body is not required to employ the services of an appraiser to estimate or to assist the engineer in estimating the benefits to be derived from the project.
2. The resolution or ratification may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as the engineer determines is most desirable for the improvement complete in place.
3. The resolution or document ratified must describe the project in general terms.
4. The resolution or document ratified must state:
(a) What part or portion of the expense of the project is of special benefit and therefore is to be paid by assessments.
(b) What part, if any, has been or is proposed to be defrayed with money derived from other than the levy of assessments.
(c) The basis by which the cost will be apportioned and assessments levied.
5. If the assessment is not to be made according to front feet, the resolution or document ratified must:
(a) By apt description designate the improvement district, including the tracts to be assessed.
(b) Describe definitely the location of the project.
(c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.
6. If the assessment is to be upon the abutting property upon a frontage basis, it is sufficient for the resolution or document ratified so to state and to define the location of the project to be made.
7. It is not necessary in any case to describe minutely in the resolution or document ratified each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
8. If the preliminary plans include a commercial area vitalization project, then in addition to the other requirements in this section, before the plans are ratified by the governing body, the plans must include a plan for the management of the proposed improvement district which must include, without limitation:
(a) The improvements proposed for each year of the first 5 fiscal years of the proposed improvement district;
(b) An estimate of the total amount to be expended on improvements in the first year of operation;
(c) A list of any other special assessments that are currently being levied within the proposed improvement district;
(d) The name of any proposed association; and
κ1999 Statutes of Nevada, Page 2867 (Chapter 550, SB 530)κ
(e) Any other matter that the governing body requires to be set forth in the plan.
9. The engineer shall forthwith prepare and file with the clerk:
(a) The preliminary plans; and
(b) The assessment plat.
[9.] 10. Upon the filing of the plans and plat, they must be examined by the governing body. If the plans and plat are found to be satisfactory, the governing body shall make a provisional order by resolution to the effect that the project will be acquired or improved, or both acquired and improved.
Sec. 16. NRS 271.285 is hereby amended to read as follows:
271.285 [Whenever]
1. Except as otherwise provided in subsection 2, whenever the owner or owners of lands to be assessed for not less than 90 percent of the entire cost of any project, including all incidental expenses, constituting at least 66 2/3 percent in frontage, in area or other property basis used for the computation of assessments as therein provided, as the case may be, by written petition, initiates the acquisition of any project which the governing body is authorized to initiate, subject to the following limitations:
[1. The] (a) Except as otherwise provided in subsection 7 of NRS 271.325, the governing body may incorporate such project in any improvement district or districts.
[2.] (b) The governing body need not proceed with the acquisition of any such project or any part thereof after holding a hearing thereon, pursuant to NRS 271.310, and all provisions thereof thereunto enabling, if the governing body shall determine that it is not for the public interest that the proposed project, or a part thereof, be then ordered to be made.
[3.] (c) Any particular kind of project, or any material therefor, or any part thereof, need not be acquired or located, as provided in the petition, if the governing body shall determine that such is not for the public interest.
[4.] (d) The governing body need not take any proceedings or action upon receiving any such petition, if the governing body shall thereupon determine by resolution that the acquisition of the designated project probably is not feasible for a reason or reasons stated in such resolution, and if the resolution requires a cash deposit or a pledge of property in at least an amount or value therein designated and found therein by the governing body probably to be sufficient to defray the expenses and costs incurred by the municipality taken preliminary to and in the attempted acquisition of the project designated in the petition, and if such deposit or pledge is not made with the treasurer within 20 days after one publication in a newspaper of general circulation in the municipality of a notice of the resolutions adoption and of its content in summary form. An additional deposit or pledge may from time to time be similarly so required as a condition precedent to the continuation of action by the municipality. Whenever such deposit or pledge is so made and thereafter the governing body shall determine that such acquisition is not feasible within a reasonable period of time, the governing body may require that all or any portion of the costs theretofore incurred in connection therewith by the municipality after its receipt of the petition shall be defrayed from such deposit or the proceeds of such pledged property in the absence of such defrayment of costs by petitioners or other interested persons within 20 days after the determination by resolution of the amount so to be defrayed and after such published notice thereof.
κ1999 Statutes of Nevada, Page 2868 (Chapter 550, SB 530)κ
after the determination by resolution of the amount so to be defrayed and after such published notice thereof.
2. A petition signed by owners of tracts constituting at least one-half of the basis used for computation of assessments is sufficient to initiate procedures for acquiring or improving a commercial area vitalization project. A petition for acquiring or improving a commercial area vitalization project must be accompanied by a plan describing proposed improvements and a proposed assessment plat when submitted to the governing body.
Sec. 17. NRS 271.290 is hereby amended to read as follows:
271.290 [Upon]
1. Except as otherwise expressly provided or necessarily implied in this section or in NRS 271.285, upon the filing of such a petition, the governing body shall proceed in the same manner as is provided for hereby where proceedings are initiated by the governing body . [, except as otherwise expressly provided or necessarily implied in NRS 271.285.]
2. Upon the filing of a petition for the acquisition or improvement of a commercial area vitalization project, the governing body shall hold a public hearing on the petition. At least 20 days before the public hearing, the governing body shall:
(a) Mail notice of the hearing to each owner of real property within the proposed improvement district and to each tenant who resides or owns a business located within the proposed improvement district; and
(b) Publish notice of the hearing in a newspaper of general circulation in the municipality,
describing the purpose and general location of the proposed improvement district, and the date, time and place of the proposed public hearing.
3. At the public hearing, any owner of real property or tenant who resides or owns a business located within the proposed district for a commercial area vitalization project may present, orally or in writing, the reasons why he believes that:
(a) The petition does not contain a sufficient number of qualified signatures; or
(b) The finding required by subsection 4 cannot reasonably be made with respect to any part of the proposed improvement district.
4. After consideration of any objections made at the hearing, and of any other information reasonably known to it, the governing body must, as a condition precedent to the initiation of the procedure for acquiring or improving a commercial area vitalization project, find that the public interest will benefit by the provision of the proposed improvements within that part of the municipality. In making this determination, the governing body shall consider the differences it finds between the municipality as a whole and the territory within and adjacent to the proposed improvement district.
Sec. 18. NRS 271.305 is hereby amended to read as follows:
271.305 1. In the provisional order the governing body shall set a time, at least 20 days thereafter, and a place at which the owners of the tracts to be assessed, or any other interested persons, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered.
κ1999 Statutes of Nevada, Page 2869 (Chapter 550, SB 530)κ
improving, or acquiring and improving, the project or projects provisionally ordered. If a mobile home park is located on one or more of the tracts to be assessed, the notice must be given to the owner of the tract and each tenant of that mobile home park.
2. Notice must be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication must be by affidavit of the publisher.
4. Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
5. Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, any penalties, and any collection costs.
6. The notice may be prepared by the engineer and ratified by the governing body, and, except as otherwise provided in subsection 7, must state:
(a) The kind of project proposed.
(b) The estimated cost of the project, and the portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed, by boundaries or other brief description.
(g) The time and place of the hearing where the governing body will consider all objections to the project.
(h) That all written objections to the project must be filed with the clerk of the municipality at least 3 days before the time set for the hearing.
(i) [That] If the project is not a commercial area vitalization project, that pursuant to NRS 271.306, if a majority of the property owners to be assessed for a project proposed by a governing body object in writing within the time stated in paragraph (h), the project must not be acquired or improved unless:
(1) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy or assessments; or
(2) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets.
(j) That the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be examined at the office of the clerk.
κ1999 Statutes of Nevada, Page 2870 (Chapter 550, SB 530)κ
(k) Unless there will be no substantial change, that a substantial change in certain existing street elevations or grades will result from the project, without necessarily including any statement in detail of the extent or location of any such change.
(l) That a person should object to the formation of the district using the procedure outlined in the notice if his support for the district is based upon a statement or representation concerning the project that is not contained in the language of the notice.
(m) That if a person objects to the amount of maximum benefits estimated to be assessed or to the legality of the proposed assessments in any respect:
(1) He is entitled to be represented by counsel at the hearing;
(2) Any evidence he desires to present on these issues must be presented at the hearing; and
(3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.315.
(n) If the project is a commercial area vitalization project, that:
(1) A person who owns or resides within a tract in the proposed improvement district and which is used exclusively for residential purposes may file a protest to inclusion in the assessment plat pursuant to section 9 of this act; and
(2) Pursuant to NRS 271.306, if written remonstrances by the owners of tracts constituting one-third or more of the basis for the computation of assessments for the commercial area vitalization project are presented to the governing body, the governing body shall not proceed with the commercial area vitalization project.
7. The notice need not state either or both of the exceptions stated in subsection 2 of NRS 271.306 unless either or both of the exceptions are determined by the governing body or the engineer to be relevant to the proposed improvement district to which the notice appertains.
8. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body, or by a document prepared by the engineer and ratified by the governing body, at any time before the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.
9. No substantial change in the improvement district, details, preliminary plans or specifications or estimates may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
10. The engineer may make minor changes in time, plans and materials entering into the work at any time before its completion.
11. If the ordinance is for a commercial area vitalization project, notice sent pursuant to this section must be sent by mail to each person who owns real property which is located within the proposed improvement district and to each tenant who resides or owns a business located within the proposed improvement district.
κ1999 Statutes of Nevada, Page 2871 (Chapter 550, SB 530)κ
Sec. 19. NRS 271.306 is hereby amended to read as follows:
271.306 1. Regardless of the basis used for apportioning assessments, the amount apportioned to a wedge or V or any other irregularly shaped tract must be in proportion to the special benefits thereby derived.
2. Except as otherwise provided in [subsection 3,] subsections 3 and 4, if, within the time specified in the notice, complaints, protests and objections in writing, that is, all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body are filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein must not be acquired or improved unless:
(a) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy of assessments; or
(b) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets. In this case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved. Such improvements will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, deems such written complaints, protests and objections proper to cause the improvement to be stayed or prevented.
3. Written remonstrances by the owners of tracts constituting 50 percent of the basis for the computation of assessments suffice to preclude the acquisition or improvement of a street beautification project.
4. Written remonstrances by the owners of tracts constituting at least one-third of the basis for the computation of assessments suffice to preclude the acquisition or improvement of a commercial area vitalization project. For the purposes of this subsection, the property of a single owner may not be counted as constituting more than 10 percent of the basis.
Sec. 20. NRS 271.320 is hereby amended to read as follows:
271.320 1. After the hearing [,] and after the governing body has [disposed] :
(a) Disposed of all complaints, protests and objections, oral and in writing [, and after the governing body has determined that either] ;
(b) Determined that it is not prevented from proceeding pursuant to subsection 3 or 4 of NRS 271.306; and
(c) Determined that:
(1) Either or both exceptions stated in subsection 2 of NRS 271.306 apply [, or that there] ; or
(2) There were not filed with the clerk complaints, protests and objections in writing and signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments stated in the notice, of the tracts to be assessed in the improvement district or in the assessment unit, if any,
κ1999 Statutes of Nevada, Page 2872 (Chapter 550, SB 530)κ
computation of assessments stated in the notice, of the tracts to be assessed in the improvement district or in the assessment unit, if any,
and the governing body has jurisdiction to proceed, the governing body shall determine whether to proceed with the improvement district, and with each assessment unit, if any, except as otherwise provided in this chapter.
2. If the governing body desires to proceed and desires any modification, by motion or resolution it shall direct the engineer to prepare and present to the governing body:
(a) A revised and detailed estimate of the total cost, including, without limiting the generality of the foregoing, the cost of acquiring or improving each proposed project and of each of the incidental costs. The revised estimate does not constitute a limitation for any purpose.
(b) Full and detailed plans and specifications for each proposed project designed to permit and encourage competition among the bidders, if any project is to be acquired by construction contract.
(c) A revised map and assessment plat showing respectively the location of each project and the tracts to be assessed therefor, not including any area or project not before the governing body at a provisional order hearing.
3. That resolution, a separate resolution, or the ordinance creating the improvement district may combine or divide the proposed project or projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments. Costs of unrelated projects must be segregated for assessment purposes as provided in this chapter.
Sec. 21. NRS 271.325 is hereby amended to read as follows:
271.325 1. When an accurate estimate of cost, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the governing body, it shall, by resolution, make a determination that:
(a) Public convenience and necessity require the creation of the district; and
(b) The creation of the district is economically sound and feasible.
This determination may be made part of the ordinance creating the district adopted pursuant to subsection 2 and is conclusive in the absence of fraud or gross abuse of discretion.
2. The governing body may, by ordinance, create the district and order the proposed project to be acquired or improved. This ordinance may be adopted and amended as if an emergency existed.
3. The ordinance must prescribe:
(a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.
(b) The kind and location of each project proposed, without mentioning minor details.
(c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.
(d) The character and extent of any construction units.
κ1999 Statutes of Nevada, Page 2873 (Chapter 550, SB 530)κ
4. The engineer may further revise the cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended before letting any construction contract therefor and before any work being done other than by independent contract let by the municipality.
5. The ordinance, as amended if amended, must order the work to be done as provided in this chapter.
6. Upon adoption or amendment of the ordinance, the governing body shall cause to be filed in the office of the county recorder a certified copy of a list of the tracts to be assessed and the amount of maximum benefits estimated to be assessed against each tract in the assessment area, as shown on the assessment plat as revised and approved by the governing body pursuant to NRS 271.320. Neither the failure to record the list as provided in this subsection nor any defect or omission in the list regarding any parcel or parcels to be included within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.
7. The governing body may not adopt an ordinance creating or modifying the boundaries of an improvement district for a commercial area vitalization project if the boundaries of the improvement district overlap an existing improvement district created for a commercial area vitalization project.
Sec. 22. NRS 271.335 is hereby amended to read as follows:
271.335 1. No contract for doing construction work for acquiring or improving the project contemplated may be made or awarded, nor may the governing body incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the hearing upon the provisional order and notice thereof provided for in NRS 271.305 have been given and had.
2. This section does not prevent the governing body from advertising by publication for proposals for doing the work whenever the governing body sees fit, but the contract may not be made or awarded before the time stated in subsection 1.
3. Except as otherwise provided in subsection 12 and in NRS 271.800, in the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the municipality shall request competitive bids, and proceed thereon, pursuant to the provisions of chapter 338 of NRS.
4. The municipality may waive any irregularity in the form of any bid.
5. Any contract may be let on a lump sum or on a unit basis.
6. No contract may be entered into for such work unless the contractor gives an undertaking with a sufficient surety or sureties approved by the governing body and in an amount fixed by it for the faithful performance of the contract and for payment of the contract.
7. Upon default in the performance of any contract, any designated official, as directed by motion of the governing body, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
κ1999 Statutes of Nevada, Page 2874 (Chapter 550, SB 530)κ
8. All contracts must provide among other things that the person entering into the contract with the municipality will pay for all materials furnished and labor and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for them against the obligor in the undertaking as though the person was named therein.
9. A contract or agreement made in violation of the provisions of this section is voidable, and no action may be maintained thereon by any party thereto against the municipality.
10. To the extent the municipality makes any payment thereunder, such a contract or agreement is valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the municipality elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
11. The governing body, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the work in repair, and providing for any further matter or thing in connection therewith, as may be considered by the governing body to be advantageous to the municipality and to all interested.
12. The provisions of subsections 3 through 11, inclusive, do not apply to work performed by an association pursuant to a contract entered into pursuant to section 5 of this act.
Sec. 23. Sections 12, 14, 15 and 19 of this act become effective at 12:01 a.m. on October 1, 1999.
________
Senate Bill No. 16Committee on Judiciary
CHAPTER 551
AN ACT relating to genetic information; providing that it is an unlawful employment practice for an employer, a labor organization or an employment agency to discriminate against a person based on genetic information; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is an unlawful employment practice for an employer, a labor organization or an employment agency:
(a) To ask or encourage a prospective or current employee or member of the labor organization to submit to a genetic test.
(b) To require or administer a genetic test to a person as a condition of employment or membership in the labor organization.
κ1999 Statutes of Nevada, Page 2875 (Chapter 551, SB 16)κ
(c) To deny employment or membership in the labor organization based on genetic information.
(d) To alter the terms, conditions or privileges of employment or membership in the labor organization based on genetic information.
(e) To terminate employment or membership in the labor organization based on genetic information.
2. As used in this section:
(a) Genetic information means information that is obtained from a genetic test.
(b) Genetic test means a test that uses deoxyribonucleic acid extracted from the cells of a person, or a diagnostic test that uses another substance extracted or otherwise obtained from the body of a person, which determines the presence of an abnormality or deficiency that:
(1) Is linked to a physical or mental disorder or impairment; or
(2) Indicates a susceptibility to an illness, a disease, an impairment or another physical or mental disorder.
The term does not include a test to determine the presence of alcohol or a controlled substance in the system of the person tested.
Sec. 2. NRS 613.310 is hereby amended to read as follows:
613.310 As used in NRS 613.310 to 613.435, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
2. Employer means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:
(a) The United States or any corporation wholly owned by the United States.
(b) Any Indian tribe.
(c) Any private membership club exempt from taxation pursuant to section 501(c) of the Internal Revenue Code of 1954.
3. Employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.
4. Labor organization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
5. Person includes the State of Nevada and any of its political subdivisions.
________
κ1999 Statutes of Nevada, Page 2876κ
Senate Bill No. 184Committee on Finance
CHAPTER 552
AN ACT relating to programs of treatment for abuse of alcohol or drugs; providing that certain prisoners may be assigned to the custody of the division of parole and probation of the department of motor vehicles and public safety to participate in a program of treatment for the abuse of alcohol or drugs; making an appropriation to the Second Judicial District Court and the Eighth Judicial District Court for the continuation of their programs of treatment for abuse of alcohol or drugs by certain persons; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 to 5, inclusive, of this act.
Sec. 1.3. As used in sections 1.3 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.5 and 1.7 of this act have the meanings ascribed to them in those sections.
Sec. 1.5. Division means the division of parole and probation of the department of motor vehicles and public safety.
Sec. 1.7. Program of treatment means a program of treatment for the abuse of alcohol or drugs that is supervised by a judge.
Sec. 2. 1. Except as otherwise provided in this section, if an advisory board has been created pursuant to section 4 of this act in the judicial district in which an offender was sentenced to imprisonment, the director shall, after consulting with the division, refer the offender to the advisory board if the director believes that the offender would participate successfully in and benefit from a program of treatment and:
(a) The offender has:
(1) Established a position of employment in the community, or a judge in the judicial district to which the offender would be assigned pursuant to section 10 of this act will assist the offender to establish a position of employment in the community; and
(2) Demonstrated an ability to pay for all or part of the costs of his participation in a program of treatment, including, without limitation, costs for room and board, and to meet any existing obligation for restitution to any victim of his crime, or a judge in the judicial district to which the offender would be assigned will assist the offender to ensure that the offender has the ability to pay for such costs and to meet such obligations; and
(b) The offender:
(1) Is within 2 years of his probable release from prison as determined by the director; or
(2) Is imprisoned as a result of having had his parole or probation revoked on or after July 1, 1998, for a reason other than for committing a crime while on parole or probation.
κ1999 Statutes of Nevada, Page 2877 (Chapter 552, SB 184)κ
2. Except as otherwise provided in this section, if the director is notified by an advisory board pursuant to section 4 of this act that an offender should be assigned to the custody of the division to be assigned to participate in a program of treatment, the director shall assign the offender to the custody of the division to be assigned to participate in a program of treatment for a minimum of 1 year, but not longer than the remainder of his sentence.
3. The director shall adopt, by regulation, standards providing which offenders are eligible to be assigned to the custody of the division pursuant to this section. The standards must be approved by the board and reviewed by the interim finance committee. The standards adopted by the director must provide that an offender who:
(a) Has recently committed a serious infraction of the rules of an institution or facility of the department;
(b) Has not performed the duties assigned to him in a faithful and orderly manner;
(c) Has ever been convicted of:
(1) Any crime involving the use or threatened use of force or violence against the victim that is punishable as a gross misdemeanor or felony; or
(2) A sexual offense;
(d) Has been convicted of more than one felony in this state or any offense in another state that would be a felony if committed in this state, unless each felony or offense which the offender has been convicted of arose out of the same act, transaction or occurrence;
(e) Has escaped or attempted to escape from any jail or correctional institution for adults; or
(f) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,
is not eligible for assignment to the custody of the division pursuant to this section to be assigned to participate in a program of treatment.
4. The director shall adopt regulations requiring offenders who are assigned to the custody of the division pursuant to this section to reimburse a court, the division and the department for any costs incurred pursuant to sections 1.3 to 5, inclusive, and 10 of this act. The regulations must be approved by the board and reviewed by the interim finance committee.
5. A court to which an offender has been assigned pursuant to section 10 of this act may return the offender to the custody of the department at any time.
6. If an offender assigned to the custody of the division pursuant to this section violates any of the terms or conditions imposed by a court to which the offender has been assigned pursuant to section 10 of this act and is returned to the custody of the department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the department, as determined by the director. The director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
κ1999 Statutes of Nevada, Page 2878 (Chapter 552, SB 184)κ
7. The assignment of an offender to the custody of the division pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.
8. An offender does not have a right to be assigned to the custody of the division pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of sections 1.3 to 5, inclusive, or section 10 of this act create any right or interest in liberty or property or establish a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
9. The director shall not assign more than 150 offenders to the custody of the division pursuant to this section to be assigned to participate in a program of treatment during each biennium.
Sec. 3. 1. A court that operates a program of treatment to which an offender is assigned pursuant to section 10 of this act shall submit a claim to the department for the cost of the offender to participate in the program of treatment at the rate of $1,500 for the first month that the offender participates in the program and $250 for each month thereafter that the offender participates in the program, pro rata for any month that the offender participates for less than a month, up to the date on which the offender would probably be released from prison, as determined by the director pursuant to section 2 of this act.
2. For each offender assigned to the custody of the division pursuant to section 2 of this act, the division shall submit a claim to the department for the cost of supervising the participation of the offender in the program at the rate of $100 for each month that the offender participates in the program, pro rata for any month that the offender participates for less than a month, up to the date on which the offender would probably be released from prison, as determined by the director pursuant to section 2 of this act.
3. Except as otherwise provided in subsection 4, claims submitted pursuant to subsections 1 and 2 must be paid in the same manner as other claims against the state are paid, from money appropriated to the department.
4. Funding for the payments made by the department pursuant to this section must be accrued from the savings incurred by the department as the result of assigning offenders to the custody of the division pursuant to section 2 of this act. Such savings must be documented, and the documentation must be reviewed and approved by the director of the department of administration. Upon the recommendation of the governor and after being approved by the interim finance committee, the amount of the savings must be transferred from the purpose for which it was designated to the budget of the director for payment pursuant to this section.
κ1999 Statutes of Nevada, Page 2879 (Chapter 552, SB 184)κ
Sec. 4. 1. Each court that has established a program of treatment shall establish an advisory board to determine whether offenders who are referred by the director pursuant to section 2 of this act should be assigned to the custody of the division to be assigned to participate in a program of treatment.
2. The advisory board established pursuant to subsection 1 shall evaluate each offender referred by the director pursuant to section 2 of this act to determine whether the offender should be assigned to the custody of the division to be assigned to participate in a program of treatment.
3. If a majority of the members of the advisory board determine that an offender should be assigned to the custody of the division to be assigned to participate in a program of treatment and the judge of the court to which the offender would be assigned agrees with the determination, the advisory board shall promptly notify the director of its determination.
Sec. 5. 1. An advisory board established pursuant to section 4 of this act must consist of at least:
(a) One judge of the court that established the advisory board who has experience related to a program of treatment;
(b) A representative of the office of the district attorney of the county in which the court that established the advisory board is located;
(c) An attorney regularly assigned to represent offenders who are participating in a program of treatment, or a representative of the office of the public defender of the county in which the court that established the advisory board is located, if such an office has been created in the county;
(d) A representative from a local law enforcement agency; and
(e) A person who has professional experience in the treatment of abuse of alcohol or drugs.
2. A majority of the members of the advisory board constitute a quorum. Except as otherwise provided in this subsection, a quorum may exercise all the power and authority conferred on the advisory board. An offender may not be assigned to the custody of a court without the approval of the judge of the court.
3. The members of the advisory board serve without compensation and may not receive a per diem allowance or travel expenses.
4. A member of the advisory board who is an officer or employee of this state or a political subdivision of this 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 board and perform any work necessary to carry out the duties of the advisory board in the most timely manner practicable. A state agency or political subdivision of this state shall not require an officer or employee who is a member of the advisory board to make up the time he is absent from work to carry out his duties as a member of the advisory board or use annual vacation or compensatory time for the absence.
5. Notwithstanding any other provision of law, a member of the advisory board:
κ1999 Statutes of Nevada, Page 2880 (Chapter 552, SB 184)κ
(a) Is not disqualified from public employment or holding a public office because of his membership on the advisory board; and
(b) Does not forfeit his public office or public employment because of his membership on the advisory board.
Sec. 6. NRS 209.432 is hereby amended to read as follows:
209.432 As used in NRS 209.433 to 209.451, inclusive, unless the context otherwise requires:
1. Offender includes [a] :
(a) A person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
(b) A person who is convicted of a felony under the laws of this state and assigned to the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 2 of this act.
2. Residential confinement means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
Sec. 7. NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before July 17, 1997, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence; [and]
(b) For the period he is in residential confinement [,] ; and
(c) For the period he is in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 2 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
κ1999 Statutes of Nevada, Page 2881 (Chapter 552, SB 184)κ
4. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 8. NRS 209.4465 is hereby amended to read as follows:
209.4465 1. An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated pursuant to his sentence; [and]
(b) For the period he is in residential confinement [,] ; and
(c) For the period he is in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 2 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credits allowed pursuant to subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning his first associate degree, 90 days.
3. The director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
4. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 20 days of credit each month that is allowed pursuant to subsections 1 and 2.
5. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
6. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
7. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
κ1999 Statutes of Nevada, Page 2882 (Chapter 552, SB 184)κ
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
Sec. 9. NRS 212.187 is hereby amended to read as follows:
212.187 1. A prisoner who is in lawful custody or confinement, other than in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 2 of this act or residential confinement, and who voluntarily engages in sexual conduct with another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 2 of this act or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section, sexual conduct:
(a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with another persons clothed or unclothed genitals or pubic area to arouse, appeal to or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.
Sec. 10. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
The division of parole and probation of the department of motor vehicles and public safety shall:
1. Supervise each offender who is assigned to the custody of the division pursuant to section 2 of this act; and
2. Assign each offender who is assigned to the custody of the division pursuant to section 2 of this act to participate in a program of treatment for the abuse of alcohol or drugs.
Sec. 11. There is hereby appropriated from the state general fund to the Administrator of the Courts of the Second Judicial District of the State of Nevada the sum of $330,000 for the continuation of its programs of treatment for the abuse of alcohol or drugs by certain persons that are supervised by a judge in the Second Judicial District. The appropriation must be disbursed as follows:
1. For the district court, the sum of $250,000.
2. For the family court, the sum of $80,000.
Sec. 12. 1. There is hereby appropriated from the state general fund to the Administrator of the Courts of the Eighth Judicial District of the State of Nevada the sum of $700,000 for the continuation of its programs of treatment for the abuse of alcohol or drugs by certain persons that are supervised by a judge in the Eighth Judicial District.
κ1999 Statutes of Nevada, Page 2883 (Chapter 552, SB 184)κ
2. The money appropriated by subsection 1 must be used to supplement and not to support or cause to be reduced any other source of funding for the program of treatment established in the Eighth Judicial District.
Sec. 13. Any remaining balance of an appropriation made by section 11 or 12 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 14. 1. This act becomes effective on July 1, 1999.
2. Sections 1 to 10, inclusive, of this act expire by limitation on June 30, 2001.
________
Senate Bill No. 279Committee on Finance
CHAPTER 553
AN ACT relating to the Department of Motor Vehicles and Public Safety; extending the reversion date of a prior appropriation for completion of Phase II of the Implementation Plan for the Business Process Re-Engineering Project of the Department; making an appropriation to the Department for the implementation of Phase II of Project Genesis and related enabling technologies; making a supplemental appropriation to the Department for additional expenses for the registration of motor vehicles; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 370, Statutes of Nevada 1997, at page 1315, is hereby amended to read as follows:
Section 1. 1. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $14,102,711 for the cost of completing Phase II of the Implementation Plan for the Business Process Re-Engineering Project through implementation of the integrated registration and drivers license data base at a full-service facility, as described in the Project Genesis Business Process Re-Engineering Report, dated May 15, 1996.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [1999,] 2000, and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 2. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $7,707,993 for the implementation of Phase II of Project Genesis and related enabling technologies.
Sec. 3. Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state highway fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 2884 (Chapter 553, SB 279)κ
Sec. 4. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $10,800 for additional expenses for the registration of motor vehicles. This appropriation is supplemental to the appropriations made by section 27 of chapter 244, Statutes of Nevada 1997, at page 860, and section 1 of Senate Bill No. 517 of this session.
Sec. 5. This act becomes effective upon passage and approval.
________
Senate Bill No. 353Senator Jacobsen
CHAPTER 554
AN ACT relating to public employment; directing the Department of Personnel to increase the salaries of certain classified positions in the Department of Prisons and to conduct an occupational study of those positions; making an appropriation; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Department of Personnel shall increase by one grade the level of compensation of all custody positions within the Department of Prisons on the pay plan for employees in the classified service of the state that is adopted pursuant to NRS 284.175 and is effective on January 1, 2001.
2. As used in this section:
(a) Custody position includes, without limitation, correctional officers and related supervisory positions.
(b) Grade means the designation of a salary range for a classification of employees.
Sec. 2. 1. On or before September 1, 2000, the Department of Personnel shall:
(a) Conduct an occupational study of all custody positions and related positions within the Department of Prisons; and
(b) Report the results of the study to the Director of the Department of Administration.
2. As used in this section, custody position includes, without limitation, correctional officers and related supervisory positions.
Sec. 3. 1. There is hereby appropriated from the state general fund to the State Board of Examiners the sum of $1,220,235 to carry out the provisions of section 1 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 2885 (Chapter 554, SB 353)κ
Sec. 4. 1. This section and section 2 of this act become effective on July 1, 1999.
2. Section 3 of this act becomes effective on July 1, 2000.
3. Section 1 of this act becomes effective on January 1, 2001.
________
Senate Bill No. 550Committee on Finance
CHAPTER 555
AN ACT relating to public financial administration; creating the division of internal audits of the department of administration and the executive branch audit committee; providing the powers and duties of the new division and committee; making an appropriation; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.213 is hereby amended to read as follows:
232.213 1. The department of administration is hereby created.
2. The department consists of a director and the following divisions:
(a) Budget division.
(b) Risk management division.
(c) Hearings division, which consists of hearing officers, compensation officers and appeals officers.
(d) Buildings and grounds division.
(e) Purchasing division.
(f) State printing division.
(g) Administrative services division.
(h) Division of internal audits.
3. The director may establish a motor pool division or may assign the functions of the state motor pool to one of the other divisions of the department.
Sec. 2. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the:
(a) Risk management division;
(b) Buildings and grounds division;
(c) Purchasing division;
(d) State printing division;
(e) Administrative services division; [and]
(f) Division of internal audits; and
(g) Motor pool division , if separately established.
2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.
κ1999 Statutes of Nevada, Page 2886 (Chapter 555, SB 550)κ
3. Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers. The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.
4. Shall serve as chairman of the state public works board.
5. Is responsible for the administration, through the divisions of the department, of the provisions of chapters 331, 333, 336 and 344 of NRS, NRS 353.150 to 353.246, inclusive, sections 7 to 15, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department.
6. Is responsible for the administration of the laws of this state relating to the negotiation and procurement of medical services and other benefits for state agencies.
7. Has such other powers and duties as are provided by law.
Sec. 3. NRS 232.2165 is hereby amended to read as follows:
232.2165 1. The chief of:
(a) The buildings and grounds division;
(b) The purchasing division;
(c) The state printing division;
(d) The administrative services division; [and]
(e) The division of internal audits; and
(f) If separately established, the motor pool division,
of the department serves at the pleasure of the director, but, except as otherwise provided in subsection 2, for all purposes except removal is in the classified service of the state.
2. The chief of the motor pool division , if separately established [is] , and the chief of the division of internal audits are in the unclassified service of the state.
Sec. 4. NRS 232.217 is hereby amended to read as follows:
232.217 Unless federal law or regulation otherwise requires, the chief of the:
1. Budget division;
2. Buildings and grounds division;
3. Purchasing division;
4. State printing division; [and]
5. Division of internal audits; and
6. Motor pool division , if separately established,
may appoint a deputy and a chief assistant in the unclassified service of the state, who shall not engage in any other gainful employment or occupation except as otherwise provided in NRS 284.143.
Sec. 5. NRS 232.219 is hereby amended to read as follows:
232.219 1. The department of administrations operating fund for administrative services is hereby created as an internal service fund.
2. The operating budget of each of the following entities must include an amount representing that entitys share of the operating costs of the central accounting function of the department:
(a) State public works board;
(b) Budget division;
(c) Buildings and grounds division;
κ1999 Statutes of Nevada, Page 2887 (Chapter 555, SB 550)κ
(d) Purchasing division;
(e) State printing division;
(f) Hearings division;
(g) Risk management division;
(h) [Office of financial management, training and controls;] Division of internal audits; and
(i) If separately established, the motor pool division.
3. All money received for the central accounting services of the department must be deposited in the state treasury for credit to the operating fund.
4. All expenses of the central accounting function of the department must be paid from the fund as other claims against the state are paid.
Sec. 6. Chapter 353A of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 15, inclusive, of this act.
Sec. 7. As used in NRS 353A.045, 353A.055 and 353A.065 and sections 7 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8 and 9 of this act have the meanings ascribed to them in those sections.
Sec. 8. Chief means the chief of the division.
Sec. 9. Division means the division of internal audits of the department of administration.
Sec. 10. 1. The chief must:
(a) Be a certified public accountant licensed by this state or a public accountant qualified pursuant to chapter 628 of NRS to practice public accounting in this state; and
(b) Have at least 5 years of progressively responsible experience in professional auditing and performing internal audits or postaudits. The experience must include, without limitation, the performance of audits of governmental entities or of private business organizations, whether or not organized for profit.
2. The chief may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.
Sec. 11. 1. The executive branch audit committee is hereby created.
2. The committee must consist of one member who is a representative of the general public appointed by the governor, who has at least 5 years of progressively responsible experience in the field of auditing and who does not engage in business with any agency, and the following ex officio members:
(a) The governor, who shall serve as chairman of the committee;
(b) The lieutenant governor;
(c) The secretary of state;
(d) The state treasurer;
(e) The state controller; and
(f) The attorney general.
κ1999 Statutes of Nevada, Page 2888 (Chapter 555, SB 550)κ
3. The member of the committee who is a representative of the general public is entitled to receive a salary of $80 per day while engaged in the business of the committee.
4. While engaged in the business of the committee, each member of the committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
5. The committee shall:
(a) Adopt policies and procedures for the operation of the division;
(b) Approve, with or without revision, each annual plan for auditing agencies presented by the chief pursuant to NRS 353A.045, and any revisions to such a plan, before the plan is implemented; and
(c) Approve, with or without revision, each annual report submitted by the chief pursuant to NRS 353A.065.
Sec. 12. 1. Except as otherwise provided in subsection 2, upon the request of the chief or his authorized representative, all officers and employees of each executive branch agency shall make available to the division all books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, in the possession or control of the agency.
2. This section does not authorize the chief or his authorized representative to have access to any books, accounts, claims, reports, vouchers or other records or information of any business or activity which NRS 665.130 and 668.085 require to be kept confidential.
Sec. 13. 1. After each audit is completed, the chief or his designated representative shall submit a copy of the preliminary findings and recommendations of the audit to the head of the audited agency. Within 10 working days after receipt of the preliminary findings and recommendations, the head of the agency shall submit to the chief a written statement of acceptance, explanation or rebuttal concerning the findings. The chief shall include the statement of the head of the agency in the final report.
2. The chief shall submit a final report to the committee and the head of the audited agency.
3. Except as otherwise provided in sections 7 to 15, inclusive, of this act, the chief shall not disclose the content of any audit before the final report is submitted to the committee pursuant to subsection 2 except in the case of alleged illegal acts which must be reported immediately upon discovery.
Sec. 14. Within 6 months after the date that the final report is submitted pursuant to section 13 of this act, if corrective action is recommended for an agency, the chief shall determine whether appropriate corrective actions are being taken and whether those actions are achieving the desired result. The chief shall inform the committee and the head of the audited agency of the effect of any corrective actions taken.
κ1999 Statutes of Nevada, Page 2889 (Chapter 555, SB 550)κ
Sec. 15. 1. The chief shall keep or cause to be kept a complete file of copies of all reports of audits, examinations, investigations and all other reports or releases issued by him.
2. All working papers from an audit are confidential and may be destroyed by the chief 5 years after the report is issued, except that the chief:
(a) Shall release such working papers when subpoenaed by a court of competent jurisdiction;
(b) Shall make such working papers available to the legislative auditor upon his request; and
(c) May make such working papers available for inspection by an authorized representative of any other governmental entity for a matter officially before him.
Sec. 16. NRS 353A.010 is hereby amended to read as follows:
353A.010 As used in this chapter, unless the context otherwise requires:
1. Agency means every agency, department, division, board, commission or similar body, or elected officer, of the executive branch of the state . [, except:
(a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.
(b) The University and Community College System of Nevada.
(c) The public employees retirement system.
(d) The state industrial insurance system.
(e) The housing division of the department of business and industry.
(f) The Colorado River commission.]
2. Committee means the executive branch audit committee created pursuant to section 11 of this act.
3. Director means the director of the department of administration.
[3.] 4. Internal accounting and administrative control means a method through which agencies can safeguard assets, check the accuracy and reliability of their accounting information, promote efficient operations and encourage adherence to prescribed managerial policies.
Sec. 17. NRS 353A.020 is hereby amended to read as follows:
353A.020 1. The director, in consultation with the [state controller] committee and legislative auditor, shall adopt a uniform system of internal accounting and administrative control for agencies. The elements of the system must include, without limitation:
(a) A plan of organization which provides for a segregation of duties appropriate to safeguard the assets of the agency;
(b) A plan which limits access to assets of the agency to persons who need the assets to perform their assigned duties;
(c) Procedures for authorizations and recordkeeping which effectively control accounting of assets, liabilities, revenues and expenses;
(d) A system of practices to be followed in the performance of the duties and functions of each agency; and
(e) An effective system of internal review.
κ1999 Statutes of Nevada, Page 2890 (Chapter 555, SB 550)κ
2. The director, in consultation with the [state controller] committee and legislative auditor, may modify the system whenever he considers it necessary.
3. Each agency shall develop written procedures to carry out the system of internal accounting and administrative control adopted pursuant to this section.
4. For the purposes of this section, agency does not include:
(a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.
(b) The University and Community College System of Nevada.
(c) The public employees retirement system.
(d) The state industrial insurance system.
(e) The housing division of the department of business and industry.
(f) The Colorado River Commission.
Sec. 18. NRS 353A.025 is hereby amended to read as follows:
353A.025 1. The head of each agency shall periodically review the agencys system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.
2. On or before July 1 of each even-numbered year, the head of each agency shall report to the director whether the agencys system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the legislature.
3. For the purposes of this section, agency does not include:
(a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.
(b) The University and Community College System of Nevada.
(c) The public employees retirement system.
(d) The state industrial insurance system.
(e) The housing division of the department of business and industry.
(f) The Colorado River Commission.
Sec. 19. NRS 353A.045 is hereby amended to read as follows:
353A.045 The chief of the [office of financial management, training and controls] division shall:
1. Report to the director.
2. Develop long-term and annual work plans to be based on the results of periodic documented risk assessments. The annual work plan must:
(a) List the agencies to which the [office] division will provide training and assistance;
[(b) Ensure that the internal accounting, administrative controls and financial management of those agencies are to be reviewed periodically; and
(c)] and
(b) Be submitted to the director for approval.
κ1999 Statutes of Nevada, Page 2891 (Chapter 555, SB 550)κ
3. Provide a copy of the approved annual work plan to the legislative auditor.
4. In consultation with the director, prepare a plan for auditing executive branch agencies for each fiscal year and present the plan to the committee for its review and approval. Each plan for auditing must:
(a) State the agencies which will be audited, the proposed scope and assignment of those audits and the related resources which will be used for those audits; and
(b) Ensure that the internal accounting, administrative controls and financial management of each agency are reviewed periodically.
5. Perform the audits of the programs and activities of the agencies in accordance with the plan approved pursuant to subsection 5 of section 11 of this act and prepare audit reports of his findings.
6. Review each agency that is audited pursuant to subsection 5 and advise those agencies concerning internal accounting, administrative controls and financial management.
7. Submit to each agency that is audited pursuant to subsection 5 analyses, appraisals and recommendations concerning:
(a) The adequacy of the internal accounting and administrative controls of the agency; and
(b) The efficiency and effectiveness of the management of the agency.
8. Report any possible abuses, illegal actions, errors, omissions and conflicts of interest of which the division becomes aware during the performance of an audit.
9. Adopt the standards of the Institute of Internal Auditors for conducting and reporting on audits.
10. Consult with the legislative auditor concerning the plan for auditing and the scope of audits to avoid duplication of effort and undue disruption of the functions of agencies that are audited pursuant to subsection 5.
Sec. 20. NRS 353A.055 is hereby amended to read as follows:
353A.055 1. The [office of financial management, training and controls] division shall:
(a) Determine the adequacy of the system of internal accounting, administrative control and financial management of each agency to which the [office] division provides training and assistance.
(b) [Develop regulations for adoption by the state board of examiners] Adopt regulations, approved by the committee, requiring the provision of training to any employee of an agency who is responsible for administering budgetary accounts. The training must address:
(1) The laws and regulations of this state and the Federal Government applicable to the operations of the agency.
(2) Internal accounting, administrative controls and financial management.
(3) Techniques to address the adequacy of controls of the agency.
κ1999 Statutes of Nevada, Page 2892 (Chapter 555, SB 550)κ
(c) Develop and administer a procedure to evaluate the effectiveness of any training provided to an agency.
(d) Provide technical assistance to agencies in developing and carrying out their systems of internal accounting, administrative controls and financial management.
(e) Prepare separate reports for each agency which summarize the results of the training and assistance provided to the agency.
2. The [office of financial management, training and controls] division shall not:
(a) Provide any services to an agency that is under the direct control or administration of a constitutional officer unless the constitutional officer requests such services.
(b) Conduct investigations, but shall refer such matters to the appropriate agency.
Sec. 21. NRS 353A.065 is hereby amended to read as follows:
353A.065 1. Within 90 days after the end of each fiscal year, the chief [of the office of financial management, training and controls shall issue] shall submit an annual report to the committee for its approval which:
(a) Lists the agencies to which the [office provided training, evaluated controls and carried out systems of internal accounting, administrative controls and financial management;] division provided training and assistance;
(b) Separately lists any other [related] activities undertaken by the [chief] division that are related to the provision of training and assistance and the status of those activities; [and]
(c) Contains a list of the final reports that have been submitted pursuant to section 13 of this act;
(d) Contains a separate list of any other activities undertaken by the division that are related to the final reports submitted pursuant to section 13 of this act and the status of those activities; and
(e) Describes the accomplishments of the office.
2. The chief shall provide a copy of the annual report to the:
(a) [Governor;] Committee;
(b) Director;
(c) Interim finance committee; and
(d) Legislative auditor.
Sec. 22. Section 1 of Assembly Bill No. 255 of this session is hereby amended to read as follows:
Section 1. NRS 353A.025 is hereby amended to read as follows:
353A.025 1. The head of each agency shall periodically review the agencys system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.
κ1999 Statutes of Nevada, Page 2893 (Chapter 555, SB 550)κ
2. On or before July 1 of each even-numbered year, the head of each agency shall report to the director whether the agencys system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the legislature.
3. For the purposes of this section, agency does not include:
(a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.
(b) The University and Community College System of Nevada.
(c) The public employees retirement system.
(d) The state industrial insurance system.
(e) The housing division of the department of business and industry.
(f) The Colorado River Commission.
4. The director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:
(a) Director of the legislative counsel bureau for transmittal to the:
(1) Senate standing committee on finance; and
(2) Assembly standing committee on ways and means;
(b) Governor; and
(c) Legislative auditor.
5. The report submitted by the director pursuant to subsection 4 must include, without limitation:
(a) The identification of each agency that has not complied with the requirements of subsections 1 and 2;
(b) The identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and
(c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.
Sec. 23. NRS 353A.035 is hereby repealed.
Sec. 24. 1. There is hereby appropriated from the state general fund to the department of administration for the establishment of the division of internal audits, including personnel costs, operating costs and expenses related to travel, information services and the purchase of necessary equipment, hardware and software:
For the fiscal year 1999-2000 $751,833
For the fiscal year 2000-2001 $1,168,609
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 25. This act becomes effective on July 1, 1999.
________
κ1999 Statutes of Nevada, Page 2894κ
Senate Bill No. 551Committee on Finance
CHAPTER 556
AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1999, and ending June 30, 2000, and beginning July 1, 2000, and ending June 30, 2001; authorizing the assessment of certain boards for certain costs of the Budget Division of the Department of Administration; authorizing the collection of certain amounts from the counties for the use of the services of the Public Defender; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1999, and ending June 30, 2000, and beginning July 1, 2000, and ending June 30, 2001, by the various officers, departments, boards, agencies, commissions and institutions of the state government mentioned in this act:
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
Office of the Governor |
|
|
|
Washington office |
$252,500 |
$259,300 |
|
Commission for Women |
1,888 |
1,888 |
|
Agency for Nuclear Projects |
841,666 |
833,716 |
|
Attorney General |
|
|
|
Administration |
8,873,347 |
9,226,131 |
|
Crime prevention |
5,000 |
5,000 |
|
Tort claim fund |
5,514,999 |
5,855,840 |
|
Fraud Control Unit for Industrial Insurance |
2,201,456 |
2,180,578 |
|
Medicaid Fraud Unit |
1,035,603 |
1,072,309 |
|
Insurance Fraud Unit |
857,410 |
811,371 |
|
Office of Extradition Coordinator |
87,543 |
89,732 |
|
Private Investigators Licensing Board |
358,350 |
402,414 |
|
Bureau of Consumer Protection |
1,900,963 |
1,841,465 |
|
Advisory Council for Prosecuting Attorneys |
102,515 |
22,520 |
|
Victims of Domestic Violence |
60,740 |
61,287 |
|
Secretary of State |
1,961,691 |
2,033,074 |
|
Ethics Commission |
745 |
745 |
|
Treasurer |
510,495 |
510,495 |
|
Higher education tuition Program |
156,000 |
181,000 |
|
Municipal bond bank revenue |
79,542,600 |
79,428,795 |
|
Municipal bond bank debt service |
80,969,665 |
80,855,860 |
κ1999 Statutes of Nevada, Page 2895 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
Legislative Fund |
|
|
|
Legislative Counsel Bureau |
$1,206,787 |
$285,947 |
|
Judicial Branch |
|
|
|
Court Administrator |
1,243,237 |
1,369,321 |
|
Planning and analysis |
98,672 |
73,216 |
|
Supreme Court |
3,167,684 |
3,296,426 |
|
Uniform system for judicial records |
894,038 |
773,231 |
|
Supreme Court Law Library |
11,400 |
11,400 |
|
Retired justice duty fund |
380,901 |
344,549 |
|
Judicial education |
800,779 |
696,363 |
|
District judges travel |
345,109 |
501,634 |
|
Department of Administration |
|
|
|
Administrative Services Division |
941,183 |
946,907 |
|
Budget Division |
240,428 |
231,824 |
|
State workers compensation |
14,399,729 |
13,474,129 |
|
Fund for hospital care to indigent persons |
7,369,727 |
8,002,268 |
|
Supplemental account for medical assistance to indigent persons |
4,530,077 |
4,951,770 |
|
Mail room |
6,555,571 |
6,434,307 |
|
Mail services equipment |
73,372 |
156,515 |
|
State Printing Office |
4,812,950 |
5,258,052 |
|
Printing office equipment |
579,295 |
541,886 |
|
State Public Works Board inspection account |
3,149,125 |
3,183,002 |
|
Insurance and loss prevention.. |
3,513,663 |
3,600,478 |
|
Buildings and Grounds Division |
11,761,942 |
11,507,179 |
|
Clear Creek youth center |
190,848 |
195,754 |
|
Marlette Lake water system |
124,372 |
111,411 |
|
Water treatment plant |
216,244 |
203,945 |
|
Motor Pool Division |
3,316,081 |
3,622,905 |
|
Motor vehicle purchase |
1,912,154 |
1,857,760 |
|
Purchasing Division |
3,071,074 |
2,714,349 |
|
Equipment purchase |
141,563 |
144,711 |
|
Food distribution program |
3,016,637 |
2,986,210 |
|
Surplus property administration |
218,254 |
198,347 |
|
Hearings Division |
3,133,174 |
3,157,858 |
|
Workers compensation hearings reserve |
615,007 |
493,120 |
|
Fund for compensation of victims of crime |
3,933,152 |
3,376,547 |
|
Deferred compensation committee |
28,676 |
29,409 |
|
Department of Personnel |
8,405,647 |
8,169,611 |
|
Unemployment compensation account |
763,860 |
776,235 |
|
Commission on Tourism |
|
|
|
Division of Tourism |
10,419,626 |
10,377,371 |
|
Nevada Magazine |
2,639,027 |
2,741,468 |
κ1999 Statutes of Nevada, Page 2896 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
Commission on Economic Development |
|
|
|
Division of Economic Development |
$110,000 |
$110,000 |
|
Division of Motion Pictures |
669,460 |
674,995 |
|
Rural community development |
3,028,822 |
3,028,822 |
|
Small business and procurement outreach |
304,831 |
304,831 |
|
Department of Taxation |
1,537,515 |
1,480,684 |
|
Senior citizens property tax assistance |
985,209 |
|
|
Department of Information Technology |
|
|
|
Directors office |
1,436,147 |
1,469,622 |
|
Design and development |
17,302,377 |
17,103,130 |
|
Communication and Computing Division |
12,957,396 |
12,067,350 |
|
Data communications and technical services |
4,775,888 |
5,339,293 |
|
Planning and research |
1,372,543 |
1,340,318 |
|
Telecommunications unit |
3,092,941 |
3,141,099 |
|
Communications unit |
1,539,069 |
1,602,582 |
|
Department of Education |
|
|
|
Education: State programs |
17,699 |
2,500 |
|
Discretionary grants - Unrestricted |
4,224,026 |
4,216,006 |
|
Improve Americas Schools Title I |
23,821,212 |
23,810,782 |
|
Improve Americas Schools Titles VI & II |
3,350,525 |
3,360,231 |
|
Individuals with Disabilities Education Act |
24,113,163 |
25,030,924 |
|
Support services |
1,466,091 |
1,494,569 |
|
Occupational education |
5,972,106 |
5,807,192 |
|
Nutrition education |
43,653,165 |
49,955,573 |
|
Continuing education |
2,247,640 |
2,194,162 |
|
Drug abuse education |
1,769,329 |
1,761,252 |
|
Discretionary grants - Restricted |
1,473,392 |
1,473,290 |
|
Teacher education and licensing |
702,992 |
908,821 |
|
Education of handicapped persons |
336,530 |
336,530 |
|
School health educationAIDS |
227,971 |
227,960 |
|
Other state education programs |
31,076 |
31,076 |
|
Student incentive grants |
302,625 |
303,962 |
|
Trust fund for education technology |
26,010 |
26,010 |
|
Education gift fund |
50,634 |
50,634 |
|
Commission on Postsecondary Education |
66,136 |
65,000 |
|
Account for student indemnification |
287,500 |
290,000 |
|
Fund for school improvement |
5,200,000 |
10,269,320 |
|
School to Careers Program |
1,956,295 |
1,019,578 |
κ1999 Statutes of Nevada, Page 2897 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
University and Community College System of Nevada |
|
|
|
System administration |
$283,470 |
$283,470 |
|
Office of Science, Engineering and Technology |
128,370 |
131,733 |
|
Agricultural experiment station |
1,198,300 |
1,198,300 |
|
Cooperative extension services |
1,657,454 |
1,676,816 |
|
University of Nevada, Reno |
26,657,573 |
28,665,697 |
|
University of Nevada, Reno, Athletics |
250,000 |
250,000 |
|
School of Medical Sciences |
2,599,951 |
2,657,999 |
|
State health laboratory |
713,177 |
730,131 |
|
University of Nevada, Las Vegas |
39,922,049 |
44,844,745 |
|
University of Nevada, Las Vegas, Athletics |
250,000 |
250,000 |
|
Law school |
1,480,199 |
2,282,019 |
|
Dental school |
3,210,000 |
4,730,000 |
|
Special projects account |
23,987,939 |
24,703,652 |
|
Community College of Southern Nevada |
15,736,408 |
17,988,579 |
|
Western Nevada Community College |
2,393,426 |
2,614,583 |
|
Truckee Meadows Community College |
5,687,952 |
6,344,349 |
|
Great Basin College |
2,050,676 |
2,570,428 |
|
Radiation safety boardSouthern Nevada |
134,344 |
137,536 |
|
Radiation safety boardNorthern Nevada |
268,052 |
274,241 |
|
Desert Research Institute |
648,486 |
648,486 |
|
W.I.C.H.E. loan fund |
664,882 |
655,461 |
|
Department of Museums, Library and Arts |
|
|
|
Administration |
76,447 |
78,991 |
|
Museums and history |
15,690 |
15,733 |
|
Nevada railroad museum |
450,345 |
452,797 |
|
Lost City museum |
75,137 |
75,652 |
|
Nevada Museum and Historical Society, Las Vegas |
9,082 |
9,082 |
|
Nevada State Museum, Carson City |
305,381 |
307,477 |
|
Nevada Historical Society, Reno |
71,151 |
74,673 |
|
Office of Historic Preservation |
379,306 |
381,254 |
|
State Arts Council |
569,889 |
569,889 |
|
State library |
1,069,178 |
794,177 |
|
Literacy program |
103,200 |
103,200 |
|
Archives and records |
7,928 |
7,928 |
|
Records management and micrographics |
805,407 |
853,636 |
|
Central libraries automated network |
506,453 |
509,054 |
κ1999 Statutes of Nevada, Page 2898 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
Department of Human Resources |
|
|
|
State Public Defender |
$810,746 |
$828,313 |
|
Purchase of social services |
11,977,583 |
11,563,595 |
|
Chapter ISpecial education |
2,057,736 |
2,007,161 |
|
Family to family connection |
505,098 |
505,098 |
|
Community services block grant |
2,629,621 |
2,629,621 |
|
Division of Health Care Financing and Policy |
|
|
|
Health Care Financing and Policy |
2,183,067 |
2,198,204 |
|
Health resources and cost review |
201,634 |
174,634 |
|
Intergovernmental transfer account |
148,230,709 |
126,478,350 |
|
Nevada Medicaid |
424,195,810 |
459,345,941 |
|
Nevada Check-Up Program |
11,908,264 |
17,271,073 |
|
Aging Services Division |
6,037,262 |
6,056,316 |
|
Senior services program |
6,643,003 |
7,595,364 |
|
EPS/Homemaker programs |
2,468,178 |
1,974,154 |
|
Division of Child and Family Services Administration |
14,807,852 |
15,362,822 |
|
Northern Nevada child and adolescent services |
3,675,631 |
3,620,131 |
|
Southern Nevada child and adolescent services |
9,406,934 |
9,373,997 |
|
Child care services |
611,603 |
617,865 |
|
Youth alternative placement |
934,682 |
741,818 |
|
UNITY/SACWIS project |
4,611,607 |
3,089,423 |
|
Nevada Youth Training Center |
648,951 |
650,041 |
|
Youth training center farm |
10,000 |
10,000 |
|
Youth parole services |
922,492 |
798,376 |
|
Caliente Youth Center |
322,135 |
322,135 |
|
Youth community services |
21,953,284 |
23,053,223 |
|
Victims of domestic violence |
2,653,474 |
2,753,629 |
|
Child abuse and neglect |
236,493 |
237,578 |
|
Juvenile justice programs |
466,180 |
466,180 |
|
Trust fund for child welfare |
1,210,587 |
1,262,498 |
|
Childrens trust account |
1,432,471 |
1,143,639 |
|
Juvenile Correctional Facility |
121,596 |
382,515 |
|
Juvenile Accountability Block Grant |
2,675,859 |
574,456 |
|
Health Division |
|
|
|
Health Administration |
1,389,059 |
1,397,185 |
|
Vital statistics |
371,022 |
376,507 |
|
Bureau of health facilities |
4,185,458 |
4,127,771 |
|
Family planning |
721,556 |
763,829 |
|
Womens, infants and childrens food supplement program |
25,012,028 |
25,050,173 |
|
Maternal child health services |
2,876,897 |
2,847,638 |
|
Special childrens clinic |
1,151,111 |
1,080,949 |
|
Community health services |
1,821,849 |
1,849,961 |
κ1999 Statutes of Nevada, Page 2899 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
Emergency medical services |
$22,905 |
$29,305 |
|
Health aid to counties |
90,723 |
94,068 |
|
Sexually transmitted disease control |
6,865,298 |
6,875,258 |
|
Immunization program... |
2,274,264 |
2,253,786 |
|
Consumer health protection |
1,924,009 |
1,921,195 |
|
Radiological health |
716,483 |
712,788 |
|
Communicable disease control |
2,638,893 |
2,848,614 |
|
Cancer control registry.. |
395,331 |
400,962 |
|
Radioactive and hazardous waste |
10,192,656 |
10,079,555 |
|
Alcoholism and drug rehabilitation |
10,588,534 |
10,588,534 |
|
Alcohol tax program |
708,740 |
708,740 |
|
Division of Mental Health and Developmental Services Administration |
30,200 |
30,200 |
|
Nevada Mental Health Institute |
3,217,352 |
3,211,163 |
|
Facility for the mentally ill offender |
144,393 |
144,393 |
|
Rural clinics |
1,999,373 |
1,990,234 |
|
Southern Nevada adult mental health services |
3,252,267 |
3,303,997 |
|
Southern MH/MR food service |
1,199,304 |
1,230,709 |
|
Southern Nevada mental retardation services |
11,920,382 |
13,474,177 |
|
Northern Nevada mental retardation services |
7,282,051 |
7,558,857 |
|
Rural mental retardation services |
1,505,595 |
1,860,767 |
|
Welfare Division |
|
|
|
Administration |
14,020,856 |
12,975,891 |
|
Temporary Assistance for Needy Families |
41,794,890 |
42,454,413 |
|
Welfare field services |
17,204,631 |
17,498,979 |
|
Child support enforcement |
9,240,720 |
9,392,982 |
|
Collection and distribution account |
134,724,406 |
148,512,116 |
|
Employment and training |
18,873,751 |
19,833,816 |
|
Homeless grants |
280,000 |
280,000 |
|
Low-income home energy assistance.. |
2,300,093 |
2,300,244 |
|
Welfare to Work |
3,660,972 |
|
|
Office of the Military |
3,123,322 |
3,201,546 |
|
Adjutant Generals construction fund |
6,652,422 |
5,260,422 |
|
Nevada Veterans Services Commission |
|
|
|
Executive Director for Veteran Affairs |
381,881 |
409,982 |
|
Veterans Home |
23,456 |
5,909,838 |
|
Department of Prisons |
|
|
|
Office of the director |
2,862,886 |
2,861,995 |
|
Medical care |
1,664,750 |
1,781,044 |
|
Prison industries |
7,378,813 |
9,157,700 |
κ1999 Statutes of Nevada, Page 2900 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
Prison industry capital projects |
$546,999 |
$666,175 |
|
Prison warehouse account |
7,475,207 |
7,946,458 |
|
Nevada state prison |
65,461 |
53,865 |
|
Northern Nevada correctional center |
394,714 |
371,255 |
|
Southern Nevada correctional center |
55,170 |
9,519 |
|
Ely maximum security facility |
26,924 |
27,014 |
|
Southern desert correctional center |
159,458 |
141,632 |
|
Warm Springs correctional center |
14,563 |
14,620 |
|
Southern Nevada womens facility |
92,961 |
88,408 |
|
Lovelock correctional center |
55,881 |
53,920 |
|
Offenders store fund |
11,949,801 |
12,098,952 |
|
Pioche conservation camp |
26,062 |
26,261 |
|
Indian Springs conservation camp |
10,423 |
10,423 |
|
Wells conservation camp |
13,709 |
13,709 |
|
Humboldt conservation camp |
15,209 |
15,209 |
|
Ely conservation camp |
13,051 |
13,051 |
|
Inmate welfare account |
3,593,689 |
3,617,882 |
|
Account for destitute prisoners |
13,135 |
12,900 |
|
Tonopah conservation camp |
12,120 |
12,120 |
|
Jean conservation camp |
13,810 |
14,797 |
|
Stewart conservation camp |
58,289 |
58,289 |
|
Carlin conservation camp |
13,425 |
13,425 |
|
Mens prison no. 7 (Cold Creek State Prison) |
256,699 |
|
|
Silver Springs conservation camp |
14,285 |
11,904 |
|
Northern restitution center |
480,833 |
480,833 |
|
Southern restitution center |
319,307 |
324,797 |
|
Prison dairy |
879,216 |
901,698 |
|
Department of Business and Industry |
|
|
|
Directors office |
608,640 |
594,974 |
|
Industrial development bond program |
437,276 |
379,844 |
|
Division of Insurance |
846,752 |
866,958 |
|
Cost stabilization |
329,946 |
282,660 |
|
National association of insurance commissioners |
57,711 |
60,233 |
|
Self-insuranceWorkers compensation |
497,718 |
509,765 |
|
Self-insurance association insolvency fund |
184,326 |
248,603 |
|
Insurance examiners |
3,002,706 |
3,038,371 |
|
Insurance recovery account |
226,398 |
226,398 |
|
Insurance insolvency guaranty fund |
5,772,251 |
6,261,620 |
|
Insurance education and research |
547,776 |
526,844 |
|
Taxicab Authority |
3,919,785 |
3,686,526 |
|
Transportation Services Authority |
52,154 |
52,154 |
|
Administrative fines |
173,846 |
259,062 |
κ1999 Statutes of Nevada, Page 2901 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
Manufactured Housing Division |
$1,706,165 |
$1,594,492 |
|
Mobile home parks |
170,556 |
197,981 |
|
Manufactured housing education and recovery |
905,907 |
865,722 |
|
Lot rent subsidy program |
798,609 |
786,086 |
|
Division of Financial Institutions |
15,234 |
15,210 |
|
Financial institutions audit program |
71,969 |
73,695 |
|
Financial institutions investigations |
731,614 |
828,710 |
|
Division of Industrial Relations |
5,819,545 |
5,774,309 |
|
Enforcement for industrial safety |
4,940,245 |
5,591,069 |
|
Safety consultation and training |
2,143,284 |
2,206,085 |
|
Mine safety and training |
1,071,868 |
1,070,804 |
|
Consumer affairs restitution |
290,710 |
290,710 |
|
Office for hospital patients |
182,971 |
163,116 |
|
Energy conservation |
609,791 |
554,286 |
|
Petroleum overcharge rebate account |
607,026 |
437,585 |
|
Real Estate Division |
794,269 |
789,645 |
|
Real estate education and research |
774,470 |
744,261 |
|
Real estate recovery |
398,700 |
409,160 |
|
Real estate investigative fund |
5,458 |
5,498 |
|
Common-interest communities |
333,395 |
408,411 |
|
Division of Unclaimed Property |
440,229 |
421,848 |
|
Housing Division |
7,660,182 |
7,987,630 |
|
Weatherization program |
428,830 |
427,478 |
|
Account for low-income housing |
8,991,555 |
9,587,308 |
|
Nevada Athletic Commission |
80,489 |
80,489 |
|
Office of Nevada attorney for injured workers |
1,950,984 |
1,922,929 |
|
State Dairy Commission |
1,212,280 |
1,217,292 |
|
Employee-Management Relations Board |
3,000 |
3,000 |
|
Office of Labor Commissioner |
1,153 |
1,153 |
|
Commission on Mineral Resources: |
|
|
|
Division of Minerals |
884,720 |
874,351 |
|
Minerals reclamation pool |
1,047,776 |
1,036,056 |
|
State Department of Agriculture |
|
|
|
Administration |
81,763 |
83,039 |
|
Plant industry fund |
230,883 |
324,783 |
|
Weights and Measures |
834,335 |
902,917 |
|
Gas pollution standards |
529,312 |
424,143 |
|
Apiary inspection fund |
18,126 |
15,330 |
|
Agriculture registration and enforcement fund |
833,514 |
837,840 |
|
Livestock inspection fund |
1,002,921 |
978,972 |
|
Grading and certification of agricultural products |
408,518 |
399,959 |
κ1999 Statutes of Nevada, Page 2902 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
Noxious weeds and insect control |
$65,485 |
$68,368 |
|
Alfalfa seed research |
37,329 |
38,006 |
|
Veterinary medical services |
3,593 |
3,583 |
|
Rural rehabilitation trust |
188,908 |
228,800 |
|
Garlic and Onion Research |
88,000 |
88,000 |
|
Nevada Beef Council |
380,288 |
395,039 |
|
Predatory animal and rodent control |
94,081 |
88,140 |
|
State Gaming Control Board |
4,256,047 |
4,362,740 |
|
Gaming control board investigative fund |
6,184,534 |
6,291,227 |
|
Public Utilities Commission of Nevada |
11,095,767 |
10,719,375 |
|
Administrative fines |
20,352 |
40,352 |
|
Colorado River Commission |
4,401,551 |
4,694,819 |
|
Research and development |
611,697 |
622,926 |
|
Fort Mojave Valley development fund |
263,621 |
257,948 |
|
Power marketing fund |
34,089,747 |
35,071,978 |
|
Power Delivery System |
34,969,791 |
35,845,349 |
|
State Department of Conservation and Natural Resources |
|
|
|
Administration |
16,036 |
16,132 |
|
Environmental protection administration |
2,227,765 |
2,520,875 |
|
Bureau of air quality |
2,893,226 |
2,792,271 |
|
Water and mining |
3,958,173 |
3,991,995 |
|
Waste management and federal facilities |
9,138,900 |
9,740,805 |
|
Mining regulation and reclamation |
2,696,779 |
2,391,951 |
|
State Environmental Commission |
38,788 |
32,675 |
|
Division of State Lands |
214,209 |
206,367 |
|
Division of Water Resources |
187,460 |
193,133 |
|
Water planning |
225,748 |
225,748 |
|
Water planning capital improvements |
135,401 |
144,575 |
|
Division of State Parks |
4,724,111 |
4,703,254 |
|
Mining cooperative fund |
129,142 |
129,440 |
|
Division of Forestry |
1,247,292 |
1,210,384 |
|
Forestry intergovernmental agreement |
6,242,906 |
6,313,746 |
|
Forestry honor camp |
1,505,872 |
1,545,872 |
|
Forestry nurseries |
495,713 |
525,276 |
|
Forest fire suppression/emergency response |
4,013,648 |
4,014,443 |
|
Heil wild horse bequest |
1,221,844 |
1,221,877 |
|
Nevada natural heritage |
304,430 |
300,805 |
|
Division of Conservation Districts |
30,691 |
30,551 |
|
Tahoe Regional Planning Agency |
1,365,969 |
1,375,456 |
|
Nevada Tahoe regional planning |
13,720 |
13,720 |
κ1999 Statutes of Nevada, Page 2903 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
Division of Wildlife |
$19,370,038 |
$19,432,666 |
|
Boat program |
6,927,523 |
6,527,161 |
|
Trout management |
787,929 |
737,703 |
|
Habitat mitigation |
676,781 |
652,405 |
|
Wildlife heritage |
2,203,577 |
2,607,567 |
|
Obligated reserve |
3,020,786 |
2,456,146 |
|
Department of Transportation |
437,672,315 |
438,217,260 |
|
Department of Motor Vehicles and Public Safety |
|
|
|
Division of Emergency Management |
728,257 |
687,216 |
|
Emergency assistance |
500,000 |
500,000 |
|
Emergency management assistance program |
679,407 |
679,407 |
|
State Emergency Response Commission |
739,316 |
822,922 |
|
State Fire Marshal |
1,400,058 |
1,480,795 |
|
Hazardous materials training center |
816,056 |
763,634 |
|
Record search program |
5,845,153 |
6,102,483 |
|
Field services |
10,449,810 |
10,882,039 |
|
Management services |
920,739 |
946,501 |
|
Central services |
923,692 |
964,996 |
|
Compliance enforcement |
35,822 |
36,428 |
|
Salvage, wreckers and body shops regulation... |
370,344 |
430,363 |
|
Motor carrier |
534,652 |
550,692 |
|
Verification of insurance |
3,641,229 |
3,773,161 |
|
Automation |
160,956 |
160,956 |
|
Motor vehicle pollution control |
12,126,573 |
10,987,958 |
|
Investigation Division |
132,936 |
6,709 |
|
Narcotics control |
1,424,278 |
1,386,826 |
|
Nevada Highway Patrol Division |
1,506,812 |
1,229,345 |
|
Hazardous materials |
20,626 |
19,388 |
|
Highway safety grants |
716,883 |
712,901 |
|
Public safety information services |
4,371,799 |
3,890,996 |
|
Training division |
4,000 |
4,000 |
|
Capitol Police Division |
1,549,082 |
1,588,157 |
|
Division of Parole and Probation |
2,666,079 |
2,744,778 |
|
ForfeituresLaw enforcement |
2,036,861 |
2,243,303 |
|
Central repository for Nevada records of criminal history |
6,899,972 |
6,658,289 |
|
DMV & PSHearings |
2,576 |
2,576 |
|
Highway safety |
492,712 |
496,477 |
|
Bicycle safety program |
273,491 |
222,094 |
|
Motorcycle safety program |
416,109 |
321,704 |
|
Traffic safety |
2,035,118 |
2,035,018 |
|
Justice assistance act |
10,065,961 |
10,065,961 |
κ1999 Statutes of Nevada, Page 2904 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
Drug commission |
$25,819 |
$26,176 |
|
DMV & PS justice grant account |
206,501 |
217,647 |
|
Peace officers standards and training |
1,193,747 |
1,185,589 |
|
Public employees retirement fund |
8,985,810 |
7,314,949 |
|
Public employees health program |
137,375,791 |
158,612,373 |
|
Retired employee group insurance |
9,652,300 |
11,668,860 |
|
Employers Insurance Company of Nevada |
2,408,227,827 |
2,353,276,362 |
|
JHC Health Center |
7,127,548 |
7,644,593 |
|
Department of Employment, Training and Rehabilitation |
|
|
|
Directors office |
1,107,660 |
1,149,609 |
|
Administrative services |
2,259,455 |
2,242,930 |
|
Information and development processing |
5,466,569 |
5,309,344 |
|
Research and analysis |
2,754,686 |
2,691,629 |
|
One-stop career centers |
738,696 |
737,912 |
|
Employment Security Division |
32,166,525 |
31,571,462 |
|
Employment security special fund |
8,085,246 |
8,369,791 |
|
Claimant employment fund |
9,623,511 |
10,168,574 |
|
State Job Training Office |
12,393,654 |
4,088,478 |
|
Rehabilitation Division |
|
|
|
Administration |
495,660 |
521,765 |
|
Vocational rehabilitation |
9,417,226 |
9,626,680 |
|
Vocational assessment centers |
2,032,186 |
2,147,002 |
|
Services to the blind |
2,311,557 |
2,552,423 |
|
Blind business enterprise program |
3,018,297 |
3,124,097 |
|
Client assistance program |
130,382 |
130,614 |
|
Community-based services |
1,847,365 |
2,005,646 |
|
Bureau of Disability Adjudication |
7,192,585 |
7,433,820 |
|
Developmental disabilities |
402,786 |
402,785 |
|
Office of equal rights |
466,776 |
466,776 |
|
Professional and vocational boards |
|
|
|
Nevada State Board of Accountancy |
567,513 |
586,465 |
|
State Board of Architecture, Interior Design and Residential Design |
769,791 |
724,813 |
|
Board of Landscape Architecture |
103,191 |
110,667 |
|
State Barbers Health and Sanitation Board |
105,264 |
89,375 |
|
Chiropractic Physicians Board of Nevada |
256,265 |
263,769 |
|
State Contractors Board |
6,912,032 |
8,771,019 |
|
State Board of Cosmetology |
1,265,972 |
1,024,976 |
|
Board of Dental Examiners of Nevada |
754,378 |
827,042 |
|
State Board of Professional Engineers and Land Surveyors |
1,419,078 |
1,475,270 |
κ1999 Statutes of Nevada, Page 2905 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories |
$58,340 |
$48,180 |
|
Board of Hearing Aid Specialists |
26,042 |
23,988 |
|
Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care |
126,629 |
127,598 |
|
Board for the Regulation of Liquefied Petroleum Gas |
237,423 |
213,202 |
|
Board of Examiners for Audiology and Speech Pathology |
55,214 |
56,580 |
|
Board of Medical Examiners |
3,142,016 |
2,841,966 |
|
Board of Examiners for Marriage and Family Therapists |
167,457 |
167,147 |
|
State Board of Nursing |
2,030,432 |
1,925,909 |
|
Board of Dispensing Opticians |
111,332 |
114,800 |
|
Board of Homeopathic Medical Examiners |
17,770 |
19,455 |
|
Nevada State Board of Optometry |
296,857 |
309,360 |
|
State Board of Osteopathic Medicine |
99,700 |
117,958 |
|
State Board of Pharmacy |
1,635,294 |
1,606,734 |
|
Board of Occupational Therapy |
171,751 |
198,919 |
|
State Board of Physical Therapy Examiners |
730,984 |
712,020 |
|
Board of Registered Environmental Health Specialists for Registration of Public Health Sanitarians |
7,063 |
7,599 |
|
Certified Court Reporters Board of Nevada |
76,036 |
72,920 |
|
State Board of Oriental Medicine |
40,731 |
39,244 |
|
State Board of Podiatry |
48,743 |
54,027 |
|
Board of Psychological Examiners |
135,750 |
191,189 |
|
Nevada State Board of Veterinary Medical Examiners |
332,983 |
381,724 |
|
Board of Examiners for Social Workers |
202,269 |
209,797 |
Sec. 2. 1. Expenditure of $22,641,762 by the State Gaming Control Board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1999, and ending June 30, 2000.
2. Expenditure of $22,816,316 by the State Gaming Control Board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2000, and ending June 30, 2001.
κ1999 Statutes of Nevada, Page 2906 (Chapter 556, SB 551)κ
Sec. 3. The money authorized to be expended by the provisions of sections 1 and 2 of this act, except the legislative fund and judicial agencies, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. 1. Except as otherwise provided in subsection 2 and limited by section 5 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 and 2 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Department of Administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 and 2 of this act.
2. The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the legislative fund for expenditure by the Legislative Counsel Bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 5. Except as otherwise provided in sections 6 and 17 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the state general fund as well as by money received from other sources, the portion provided by appropriation from the state general fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 6. The University and Community College System of Nevada may expend, with the approval of the Interim Finance Committee, any additional fees collected from the registration of students, resident or nonresident, in addition to the following amounts for the respective fiscal years:
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
University of Nevada, Reno |
$20,416,146 |
$22,290,015 |
|
University of Nevada, Las Vegas |
37,576,416 |
42,345,468 |
|
Community College of Southern Nevada |
15,412,923 |
17,656,079 |
|
Western Nevada Community College |
2,304,218 |
2,523,049 |
|
Truckee Meadows Community College |
5,490,452 |
6,139,649 |
κ1999 Statutes of Nevada, Page 2907 (Chapter 556, SB 551)κ
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
Great Basin College |
1,330,899 |
1,543,036 |
|
William S. Boyd School of Law |
1,480,199 |
2,282,019 |
|
School of Medicine |
1,668,911 |
1,728,565 |
Sec. 7. Whenever claims which are payable and properly approved exceed the amount of cash in the wildlife account in the state general fund, the state controller may, with the approval of the Chief of the Budget Division of the Department of Administration, transfer temporarily from the state general fund to the wildlife account such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.
Sec. 8. The following amounts are authorized for expenditure from the University and Community College System of Nevada Endowment Fund in the accounts authorized in section 1 of this act:
|
|
1999-2000 |
2000-2001 |
|
|
|
|
|
System Administration |
$172,010 |
$172,010 |
|
Special projects account |
23,987,939 |
24,703,652 |
|
University of Nevada, Reno |
100,000 |
100,000 |
|
University of Nevada, Reno, Athletics |
250,000 |
250,000 |
|
University of Nevada, Las Vegas |
100,000 |
100,000 |
|
University of Nevada, Las Vegas, Athletics |
250,000 |
250,000 |
|
Community College of Southern Nevada |
$37,500 |
$37,500 |
|
Truckee Meadows Community College |
37,500 |
37,500 |
|
Western Nevada Community College |
37,500 |
37,500 |
|
Great Basin College |
667,988 |
969,012 |
|
School of Medicine |
931,040 |
932,434 |
|
Desert Research Institute |
500,000 |
500,000 |
Sec. 9. 1. The Chief of the Budget Division of the Department of Administration shall assess each professional or licensing board at the beginning of each fiscal year for its proportional share of the total salary and operating costs of an employee of the Budget Division who is responsible for monitoring compliance by such boards with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive. Each boards share of the total costs must be equal to the percentage, which the budget of each board represents to the total of all budgets of professional and vocational boards as approved by the Legislature.
2. The assessments must be paid by September 1 of each year.
κ1999 Statutes of Nevada, Page 2908 (Chapter 556, SB 551)κ
Sec. 10. 1. Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his services:
|
|
For the fiscal |
For the fiscal |
|
|
year ending |
year ending |
|
|
June 30, 2000 |
June 30, 2001 |
|
|
|
|
|
Carson City |
$420,489 |
$438,060 |
|
Eureka County |
22,515 |
22,515 |
|
Humboldt County |
120,079 |
120,078 |
|
Lincoln County |
30,020 |
30,019 |
|
Pershing County |
82,554 |
82,553 |
|
Storey County |
15,010 |
15,010 |
|
White Pine County |
120,079 |
120,078 |
|
Totals |
810,746 |
828,313 |
2. The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 1999 Legislature for employees of the State Public Defenders Office for fiscal year 1999-2000 and fiscal year 2000-2001.
3. If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his services.
Sec. 11. In fiscal years 1999-2000 and 2000-2001, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Division of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.
Sec. 12. On and after July 1, 1995, money collected by the Division of Wildlife and designated by the Division as an obligated sum in the wildlife account to be used only for the purposes specified by the law pertaining