Link to Page 2850

 

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ê1999 Statutes of Nevada, Page 2851ê

 

CHAPTER 545, AB 519

Assembly Bill No. 519–Assemblymen 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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ê1999 Statutes of Nevada, Page 2852ê

 

CHAPTER 546, AB 598

Assembly Bill No. 598–Committee 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.


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ê1999 Statutes of Nevada, Page 2853 (Chapter 546, AB 598)ê

 

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.


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ê1999 Statutes of Nevada, Page 2854 (Chapter 546, AB 598)ê

 

    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.


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ê1999 Statutes of Nevada, Page 2855 (Chapter 546, AB 598)ê

 

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.


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ê1999 Statutes of Nevada, Page 2856 (Chapter 546, AB 598)ê

 

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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CHAPTER 547, SB 128

Senate Bill No. 128–Senators O’Donnell, O’Connell, 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.


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ê1999 Statutes of Nevada, Page 2857 (Chapter 547, SB 128)ê

 

    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.]


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ê1999 Statutes of Nevada, Page 2858 (Chapter 547, SB 128)ê

 

    (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


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ê1999 Statutes of Nevada, Page 2859 (Chapter 547, SB 128)ê

 

    (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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CHAPTER 548, SB 559

Senate Bill No. 559–Committee 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;


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ê1999 Statutes of Nevada, Page 2860 (Chapter 548, SB 559)ê

 

    (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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CHAPTER 549, SB 558

Senate Bill No. 558–Committee 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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ê1999 Statutes of Nevada, Page 2861ê

 

CHAPTER 550, SB 530

Senate Bill No. 530–Committee 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.


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ê1999 Statutes of Nevada, Page 2862 (Chapter 550, SB 530)ê

 

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.


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ê1999 Statutes of Nevada, Page 2863 (Chapter 550, SB 530)ê

 

    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.


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ê1999 Statutes of Nevada, Page 2864 (Chapter 550, SB 530)ê

 

    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.


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ê1999 Statutes of Nevada, Page 2865 (Chapter 550, SB 530)ê

 

    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.


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ê1999 Statutes of Nevada, Page 2866 (Chapter 550, SB 530)ê

 

    (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


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ê1999 Statutes of Nevada, Page 2867 (Chapter 550, SB 530)ê

 

    (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 resolution’s 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.


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ê1999 Statutes of Nevada, Page 2868 (Chapter 550, SB 530)ê

 

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.


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ê1999 Statutes of Nevada, Page 2869 (Chapter 550, SB 530)ê

 

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.


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ê1999 Statutes of Nevada, Page 2870 (Chapter 550, SB 530)ê

 

    (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.


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ê1999 Statutes of Nevada, Page 2871 (Chapter 550, SB 530)ê

 

    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,


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ê1999 Statutes of Nevada, Page 2872 (Chapter 550, SB 530)ê

 

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.


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ê1999 Statutes of Nevada, Page 2873 (Chapter 550, SB 530)ê

 

    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.


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ê1999 Statutes of Nevada, Page 2874 (Chapter 550, SB 530)ê

 

    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.

________

 

CHAPTER 551, SB 16

Senate Bill No. 16–Committee 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.


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ê1999 Statutes of Nevada, Page 2875 (Chapter 551, SB 16)ê

 

    (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.

________

 


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ê1999 Statutes of Nevada, Page 2876ê

 

CHAPTER 552, SB 184

Senate Bill No. 184–Committee 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.


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ê1999 Statutes of Nevada, Page 2877 (Chapter 552, SB 184)ê

 

    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.


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ê1999 Statutes of Nevada, Page 2878 (Chapter 552, SB 184)ê

 

    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.


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ê1999 Statutes of Nevada, Page 2879 (Chapter 552, SB 184)ê

 

    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:


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ê1999 Statutes of Nevada, Page 2880 (Chapter 552, SB 184)ê

 

    (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.


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ê1999 Statutes of Nevada, Page 2881 (Chapter 552, SB 184)ê

 

    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


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ê1999 Statutes of Nevada, Page 2882 (Chapter 552, SB 184)ê

 

    (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 person’s 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.


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ê1999 Statutes of Nevada, Page 2883 (Chapter 552, SB 184)ê

 

    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.

________

 

CHAPTER 553, SB 279

Senate Bill No. 279–Committee 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.


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ê1999 Statutes of Nevada, Page 2884 (Chapter 553, SB 279)ê

 

    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.

________

 

CHAPTER 554, SB 353

Senate Bill No. 353–Senator 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.


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ê1999 Statutes of Nevada, Page 2885 (Chapter 554, SB 353)ê

 

    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.

________

 

CHAPTER 555, SB 550

Senate Bill No. 550–Committee 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.


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ê1999 Statutes of Nevada, Page 2886 (Chapter 555, SB 550)ê

 

    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 administration’s operating fund for administrative services is hereby created as an internal service fund.

    2.  The operating budget of each of the following entities must include an amount representing that entity’s share of the operating costs of the central accounting function of the department:

    (a) State public works board;

    (b) Budget division;

    (c) Buildings and grounds division;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2887 (Chapter 555, SB 550)ê

 

    (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.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2888 (Chapter 555, SB 550)ê

 

    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.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2889 (Chapter 555, SB 550)ê

 

    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.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2890 (Chapter 555, SB 550)ê

 

    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 agency’s 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 agency’s 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.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2891 (Chapter 555, SB 550)ê

 

    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.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2892 (Chapter 555, SB 550)ê

 

    (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 agency’s 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.

    
…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2893 (Chapter 555, SB 550)ê

 

     2.  On or before July 1 of each even-numbered year, the head of each agency shall report to the director whether the agency’s 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.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2894ê

 

CHAPTER 556, SB 551

Senate Bill No. 551–Committee 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 Investigator’s 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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2895 (Chapter 556, SB 551)ê

 

 

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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2896 (Chapter 556, SB 551)ê

 

 

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

 

 

Director’s 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 America’s Schools Title I

23,821,212

23,810,782

Improve America’s 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 education—AIDS

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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2897 (Chapter 556, SB 551)ê

 

 

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 board—Southern Nevada

134,344

137,536

Radiation safety board—Northern 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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2898 (Chapter 556, SB 551)ê

 

 

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 I—Special 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

Children’s 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

Women’s, infants’ and children’s food supplement program

25,012,028

25,050,173

Maternal child health services

2,876,897

2,847,638

Special children’s clinic

1,151,111

1,080,949

Community health services

1,821,849

1,849,961


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2899 (Chapter 556, SB 551)ê

 

 

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 General’s 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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2900 (Chapter 556, SB 551)ê

 

 

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 women’s 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

 

 

Director’s 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-insurance—Workers’ 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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2901 (Chapter 556, SB 551)ê

 

 

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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2902 (Chapter 556, SB 551)ê

 

 

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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2903 (Chapter 556, SB 551)ê

 

 

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

Forfeitures—Law enforcement

2,036,861

2,243,303

Central repository for Nevada records of criminal history

6,899,972

6,658,289

DMV & PS—Hearings

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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2904 (Chapter 556, SB 551)ê

 

 

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

 

 

Director’s 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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2905 (Chapter 556, SB 551)ê

 

 

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.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2906 (Chapter 556, SB 551)ê

 

    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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2907 (Chapter 556, SB 551)ê

 

 

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 board’s 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.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2908 (Chapter 556, SB 551)ê

 

    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 Defender’s 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 to the money or by the donor of the money must be transferred to a separate account designated as the Division of Wildlife’s obligated reserve account.

    Sec. 13.  The Division of Health Care Financing and Policy of the Department of Human Resources shall work with the University and Community College System of Nevada to, where possible and allowable, incorporate the dental services available through the University and Community College System of Nevada into the Medicaid and the Nevada Check-Up health service delivery plans.

    Sec. 14.  Any money authorized for expenditure for the purpose of any information technology projects greater than $50,000 in fiscal year 1999-2000 that remain unexpended on June 30, 2000, may be carried forward to fiscal year 2000-2001.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2909 (Chapter 556, SB 551)ê

 

    Sec. 15.  Any money authorized for expenditure in section 1 of this act for the Special Children’s Clinic and Maternal and Child Health Services in the Health Division of the Department of Human Resources may be transferred between those programs upon the approval of the Interim Finance Committee and upon the recommendation of the Governor.

    Sec. 16.  Notwithstanding, the provision of section 5 of chapter 247, Statutes of Nevada 1997, at page 886, the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety shall balance forward any funds remaining after reverting to the general fund 100 percent of the general fund appropriation for fiscal year 1998-1999.

    Sec. 17.  Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for the special reserves for extraordinary costs of operation, repair and maintenance of fire-fighting vehicles may be expended for that purpose notwithstanding the provisions of section 5 of this act.

    Sec. 18.  Any money authorized for expenditure in section 1 of this act for the motor vehicle branch of the Department of Motor Vehicles and Public Safety may be transferred among the accounts within the motor vehicle branch to implement any modifications to the organizational structure of the department, pursuant to legislation adopted by the 70th session of the Nevada Legislature, upon the recommendation of the Governor and the approval of the Interim Finance Committee.

    Sec. 19.  1.  Any money authorized for expenditure in section 1 of this act for the functions of the Transportation Services Authority and the Taxicab Authority may be transferred among the Transportation Services Authority, the Southern Taxicab Authority and the Northern Taxicab Authority pursuant to legislation adopted by the 70th session of the Nevada Legislature.

    2.  If budgetary transfers are required pursuant to subsection 1, on or before October 1, 1999, the Transportation Services Authority, the Southern Taxicab Authority and the Northern Taxicab Authority must submit to the Governor for his approval and for the approval of the Interim Finance Committee the proposed transfers in subsection 1.

    Sec. 20.  This act becomes effective on July 1, 1999.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2910ê

 

CHAPTER 557, SB 553

Senate Bill No. 553–Senator Raggio

 

CHAPTER 557

 

AN ACT relating to the protection of children; providing that certain reasonable acts of discipline by a parent or guardian of a child do not warrant action by an agency which provides protective services to children or a law enforcement agency; providing that references to such acts must be expunged from the records of the agency which provides protective services to children or the law enforcement agency; 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 432B.260 is hereby amended to read as follows:

    432B.260  1.  Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides protective services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify an agency which provides protective services of any report it receives.

    2.  Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides protective services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:

    (a) The child is 5 years of age or younger;

    (b) There is a high risk of serious harm to the child; or

    (c) The child is dead, is seriously injured or has visible signs of physical abuse.

    3.  Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides protective services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:

    (a) The child is not in imminent danger of harm;

    (b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens his immediate health or safety; [or]

    (c) The alleged abuse or neglect could be eliminated if the child and his family receive or participate in social or health services offered in the community, or both [.] ; or

    (d) The agency determines that the:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2911 (Chapter 557, SB 553)ê

 

         (1) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment, including, without limitation, spanking or paddling; and

         (2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.

    4.  If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.

    5.  [If] Except as otherwise provided in this subsection, if the agency determines that an investigation is not warranted, the agency may, as appropriate:

    (a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person that has entered into an agreement with the agency to provide those services; or

    (b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person that has entered into a written agreement with the agency to make such an assessment.

If an agency determines that an investigation is not warranted for the reason set forth in paragraph (d) of subsection 3, the agency shall take no further action in regard to the matter and shall expunge all references to the matter from its records.

    6.  If an agency which provides protective services enters into an agreement with a person to provide services to a child or his family pursuant to subsection 5, the agency shall require the person to notify the agency if the child or his family refuse or fail to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.

    7.  An agency which provides protective services that determines that an investigation is not warranted may, at any time, reverse that determination and initiate an investigation.

    8.  An agency which provides protective services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.

    Sec. 2.  NRS 432B.260 is hereby amended to read as follows:

    432B.260  1.  Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides protective services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any, and, within 3 working days, initiate an investigation. A law enforcement agency shall promptly notify an agency which provides protective services of any report it receives.

    2.  An agency which provides protective services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2912 (Chapter 557, SB 553)ê

 

    3.  If an agency which provides protective services or a law enforcement agency determines pursuant to an investigation initiated pursuant to this section that the:

    (a) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment, including, without limitation, spanking or paddling; and

    (b) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150,

the agency which provides protective services or the law enforcement agency shall take no further action in regard to the matter and shall expunge all references to the matter from its records.

    Sec. 3.  NRS 432B.310 is hereby amended to read as follows:

    432B.310  [The] Except as otherwise provided in subsection 5 of NRS 432B.260, the agency investigating a report of abuse or neglect of a child shall, upon completing the investigation, report to the central registry:

    1.  Identifying and demographic information on the child alleged to be abused or neglected, his parents, any other person responsible for his welfare and the person allegedly responsible for the abuse or neglect;

    2.  The facts of the alleged abuse or neglect, including the date and type of alleged abuse or neglect, the manner in which the abuse was inflicted and the severity of the injuries; and

    3.  The disposition of the case.

    Sec. 4.  NRS 432B.310 is hereby amended to read as follows:

    432B.310  Except as otherwise provided in subsection [5] 3 of NRS 432B.260, the agency investigating a report of abuse or neglect of a child shall, upon completing the investigation, report to the central registry:

    1.  Identifying and demographic information on the child alleged to be abused or neglected, his parents, any other person responsible for his welfare and the person allegedly responsible for the abuse or neglect;

    2.  The facts of the alleged abuse or neglect, including the date and type of alleged abuse or neglect, the manner in which the abuse was inflicted and the severity of the injuries; and

    3.  The disposition of the case.

    Sec. 5.  1.  This section and sections 1 and 3 of this act become effective upon passage and approval.

    2.  Sections 2 and 4 of this act become effective on June 30, 2001.

    3.  Sections 1 and 3 of this act expire by limitation on June 30, 2001.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2913ê

 

CHAPTER 558, SB 554

Senate Bill No. 554–Committee on Finance

 

CHAPTER 558

 

AN ACT relating to state employees; establishing the maximum allowed salaries for employees in the unclassified service of the state; making appropriations; 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.  The following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:

 

 

Approximate

 

Annual

Title or Position

Salary

 

 

1.  Chief Ombudsman for Consumer Health Assistance

$92,914

Ombudsman for Consumer Health Assistance (each)

63,539

2.  Office of the Lieutenant Governor:

 

Chief of Staff

$47,380

Assistant to the Lieutenant Governor (each)

42,230

Executive Secretary

30,913

Administrative Secretary (each)

28,578

3.  Office of the Secretary of State:

 

Chief Deputy

$63,702

Coordinator, Corporate Filing

48,410

Deputy Secretary of State, Securities

63,702

Deputy Secretary of State, Elections

46,350

4.  Office of the State Treasurer:

 

Chief Deputy State Treasurer

$74,509

Deputy State Treasurer, Operations

65,920

Deputy State Treasurer, Investments

65,920

Deputy State Treasurer, Cash Management

65,920

Administrative Assistant

41,611

5.  Office of Controller:

 

Chief Deputy Controller

$74,509

Assistant Controller

56,650

6.  Office of the Attorney General:

 

(a) Attorney General’s Office:

 

Assistant Attorney General

$93,510

Attorney General Counsel for Prosecuting Attorneys, Executive Director

67,095

Solicitor General

88,653

Ombudsman for Victims of Domestic Violence

42,793

Assistant Solicitor General

77,051


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2914 (Chapter 558, SB 554)ê

 

 

Approximate

 

Annual

Title or Position

Salary

 

 

Chief Deputy Attorney General—Las Vegas

$88,653

Chief Deputy Attorney General (each)

84,596

Children’s Advocate

77,051

Senior Deputy Attorney General (each)

77,051

Deputy Attorney General (each)

67,095

Chief, Medicaid Fraud Unit

80,728

Chief Investigator

52,423

Senior Investigator (each)

46,775

Investigator (each)

44,370

Administrative Assistant

41,611

Supervisor, Office Services

53,461

Legal Researcher (each)

30,207

Legal Researcher

35,950

Senior Legal Researcher (each)

35,598

Chief Deputy Attorney General Workers’ Comp Fraud

84,596

Executive Director, Technological Crimes

39,127

Secretary to the Director, Technological Crimes

30,275

Legal Researcher, Gaming

33,554

Executive Secretary

37,080

Capital Case Coordinator

67,095

Supervising Insurance Fraud Investigator

46,775

Insurance Investigator (each)

44,370

Chief Workers’ Compensation Fraud Investigator

53,461

Deputy Chief Workers’ Compensation Fraud Investigator

49,929

Senior Workers’ Compensation Fraud Investigator (each)

46,775

Crime Prevention Coordinator

36,985

(b) Bureau of Consumer Protection:

 

Senior Investigator

$46,775

Senior Engineer

68,808

Economist

66,054

Senior Legal Researcher

35,598

Legal Researcher

30,207

Senior Regulatory Analyst

64,299

Investigator (each)

44,370

Administrative Assistant

35,598

Chief Deputy Attorney General

84,596

Regulatory Analyst

55,150

Program Specialist

42,702

Technical Staff Manager

68,868

Deputy Attorney General (each)

67,095

Engineer

62,042

Senior Deputy Attorney General (each)

77,051

(c) Private Investigators Licensing Board:

 

Executive Director

$48,186

Investigator

44,370

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2915 (Chapter 558, SB 554)ê

 

 

Approximate

 

Annual

Title or Position

Salary

 

 

7.  Department of Administration:

 

Director

$92,914

Deputy Budget Administrator

79,568

Chief, Internal Audits

81,300

Manager, Internal Controls

68,868

Chief Assistant Budget Administrator

59,440

Senior Appeals Officer

84,596

Appeals Officer, Hearings (each)

77,051

Hearing Officer (each)

51,121

Chief Assistant, Planning

61,460

Director, Clear Creek

41,440

Administrator, Motor Pool

54,523

Manager, State Public Works Board

87,550

Deputy Manager, State Public Works Board

71,070

Deputy Manager, State Public Works Board

74,915

8.  Department of Business and Industry:

 

Director

$92,914

Deputy Director

52,769

Commissioner of Financial Institutions

69,620

Deputy Commissioner, Financial Institutions (each)

58,784

Ombudsman, Real Estate

44,700

Certified Public Accountant, Financial Institutions

51,014

Administrator, Manufactured Housing

55,922

Administrator, Real Estate

56,828

Deputy Administrator, Real Estate

46,974

Administrator, Unclaimed Property

52,266

Chief, Consumer Services

79,080

Commissioner, Consumer Affairs

58,354

Administrator, Housing

66,305

Deputy Administrator, Housing

55,575

Chief Assistant, Housing

42,615

Chief Accountant, Housing

58,695

Commissioner, Insurance

80,343

Deputy Commissioner, Insurance (each)

56,780

Lead Actuary, Insurance

95,000

Administrator, Office for Hospital Patients

40,575

Taxicab Administrator

61,038

Transportation Services Authority:

 

Chairman, Transportation Services Authority

86,084

Chief Transportation Inspector

58,331

Commissioner, Transportation Services Authority (each)

80,718

Financial Analyst

61,544

Manager, Transportation

64,927

Deputy Commissioner

66,681

Administrative Attorney

45,894


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2916 (Chapter 558, SB 554)ê

 

 

Approximate

 

Annual

Title or Position

Salary

 

 

Administrator, Industrial Relations

$75,858

Assistant Administrator, Industrial Relations

67,057

Attorney, Industrial Relations (each)

67,095

Senior Attorney, Industrial Relations

77,051

Assistant Administrator, Industrial Insurance Regulation

64,927

Assistant Administrator, Industrial Safety and Health Enforcement

61,040

Assistant Administrator, Preventative Safety

61,040

Assistant Administrator, Mine Inspection

57,391

Attorney for Injured Workers

84,596

Deputy Attorney for Injured Workers

73,566

Deputy Attorney for Injured Workers (each)

62,830

Deputy Attorney for Injured Workers (each)

73,566

Commissioner, Employee-Management Relations Board

55,525

Secretary, Employee-Management Relations Board

33,000

Executive Director, State Dairy Commission

58,533

Labor Commissioner

54,273

Deputy Labor Commissioner

35,722

Chief Assistant Labor Commissioner

30,456

Executive Director, Athletic Commission

70,833

Chairman, Committee on Employment of People with Disabilities

51,355

9.  State Department of Agriculture:

 

Administrator, Agriculture

$74,160

Assistant Administrator, Agriculture

55,000

Chief, Agriculture, Brand Inspection

50,504

Chief, Agriculture, Veterinary Services

82,642

Chief, Weights and Measures

58,600

Chief, Agriculture, Plant Industry

67,357

10.  Commission on Mineral Resources:

 

Administrator, Minerals

$74,607

Deputy Administrator, Minerals

59,686

Program Assistant, Minerals

29,246

Chief for Dangerous Mines

48,875

Chief for (mine) Regulation

48,875

Field Specialist, Minerals (each)

43,869

11.  State Department of Conservation and Natural Resources:

 

Director

$92,914

Assistant Director

73,566

Administrator, Environmental Protection

86,084

State Engineer (Water Resources)

86,084

State Forester Firewarden

74,607

Administrator, State Parks

71,953

Administrator, State Lands

66,483


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2917 (Chapter 558, SB 554)ê

 

 

Approximate

 

Annual

Title or Position

Salary

 

 

District Supervisor, Water Commissioners, Water Resources

$51,651

Executive Director, Wild Horse Commission

41,863

Administrator, Water Planning

67,121

Administrator, Wildlife

73,290

12.  Commission on Economic Development:

 

Executive Director

$82,068

Deputy Director

65,312

Senior Associate, Industrial Development (each)

55,150

Associate, Industrial Development (each)

48,507

Grant Project Analyst (each)

42,115

Director, Film

62,202

Senior Associate, Film

55,150

Associate, Film (each)

48,507

Program Specialist (each)

42,702

13.  Department of Education:

 

Superintendent of Public Instruction

$92,914

Deputy Superintendent of Instruction, Research and Evaluative Services

74,489

Deputy Superintendent for Administrative and Fiscal Services

70,942

14.  Department of Employment, Training and Rehabilitation:

 

Director, Employment, Training and Rehabilitation

$92,914

Administrator, Rehabilitation Division

71,164

Chief Auditor

67,095

Chief, Services to the Blind

61,291

Chief, Vocational Rehabilitation

61,291

Administrator, Employment Security

76,501

Director, State Job Training Office

57,391

Executive Director, Equal Rights Commission

61,167

15.  State Gaming Control Board:

 

Chairman, Gaming Control Board

$103,810

Member, Gaming Control Board (each)

96,526

Chief, Investigation

70,373

Chief, Enforcement

70,373

Chief, Audit

70,373

Chief, Corporate Securities

70,373

Chief, Tax and License

70,373

Chief, Administration

70,373

Chief Deputy, Administration

63,917

Executive Secretary, Gaming Commission

63,917

Manager, Electronics Lab

70,373

Chief, Electronics Services

82,000

Electronics Engineer (each)

67,766

Electronic Lab Engineer (each)

67,766


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2918 (Chapter 558, SB 554)ê

 

 

Approximate

 

Annual

Title or Position

Salary

 

 

Coordinator, Application Services

$62,110

Chief Deputy, Enforcement (each)

63,917

Network Specialist II

53,975

Network Specialist

53,975

Data Management Analyst

57,799

System Manager

64,731

Programming Manager

64,731

Programming Supervisor (each)

61,835

Chief Deputy, Audit (each)

63,917

Chief Deputy, Investigations (each)

63,917

Chief Deputy, Corporate Securities (each)

63,917

Hearings Officer (each)

57,799

Administrative Coordinator

56,815

Supervisor, Investigations (each)

56,815

Supervisor, Enforcement (each)

56,815

Supervisor, Corporate Securities (each)

56,815

Supervisor, Audit (each)

56,815

Supervisor, Tax and License (each)

56,815

Supervisor (each)

56,815

Management Analyst (each)

54,877

District Office Manager (each)

57,799

Senior Agent, Corporate Securities (each)

51,263

Senior Agent, Investigation (each)

51,263

Training Officer

57,799

Senior Agent, Audit (each)

51,263

Senior Agent, Tax and License (each)

51,263

Senior Research Specialist (each)

61,335

Senior Agent, Enforcement (each)

51,263

Intelligence Analyst (each)

51,263

Agent, Corporate Securities (each)

45,710

Agent, Audit (each)

45,710

Agent, Investigations (each)

45,710

Agent, Enforcement (each)

45,710

Agent, Research (each)

45,710

Agent, Tax and License (each)

45,710

Electronics Technician (each)

43,903

Research Specialist

61,335

Programmer Analyst (each)

51,612

Special Agent (each)

55,177

Agent (each)

45,710

16.  Department of Human resources:

 

Director

$93,310

Deputy Director

74,509

Administrator, Health Care Financing and Policy

83,554

Deputy Administrator, Health Care Financing and Policy

73,567


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2919 (Chapter 558, SB 554)ê

 

 

Approximate

 

Annual

Title or Position

Salary

 

 

Deputy Administrator, Medicaid

$73,567

Administrator, Health

76,500

Chief, Alcohol and Drug Abuse

61,291

Medical Program Coordinator, Mental Health Program

142,861

Medical Program Coordinator, Statewide Mental Health Services

153,470

Administrator, Mental Health and Developmental Services

90,640

Deputy Administrator, Mental Health and Developmental Services

76,788

State Welfare Administrator

87,550

Administrator, Child and Family Services

78,280

Deputy Administrator, Child and Family Services (each)

69,771

Administrator, Aging Services

61,416

Deputy Administrator, Aging Services (Las Vegas)

55,650

Deputy Administrator, Aging Services (Carson City)

55,650

Chief, Elder Rights

53,519

Superintendent, Youth Training Center

66,950

Superintendent, Caliente Youth Center

64,730

Executive Director, Nevada Indian Commission

51,121

17.  Department of Information Technology:

 

Director

$92,914

Chief, Systems and Programming

77,272

Chief, Facility Management

77,272

NOMADS Project Executive

125,000

18.  Office of the Military:

 

Adjutant General

$78,964

19.  Department of Motor Vehicles and Public Safety:

 

Director

$92,914

Deputy Director, Motor Vehicles

88,268

Deputy Director, Public Safety

88,268

Chief Parole and Probation Officer

80,904

Chairman, Board of Parole Commissioners

77,822

Parole Board Member (each)

61,800

Secretary to Parole Board

44,808

Chief, Emergency Management

59,670

State Fire Marshal

62,920

20.  Department of Museums, Library and Arts:

 

Director

$78,050

Administrator, Museums and History

66,334

21.  Department of Personnel:

 

Director

$78,050

Equal Employment Opportunity Officer

53,668


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2920 (Chapter 558, SB 554)ê

 

 

Approximate

 

Annual

Title or Position

Salary

 

 

22.  Department of Prisons:

 

Director

$92,914

Medical Director

144,200

Mental Health Coordinator

142,861

23.  Office of the State Public Defender:

 

State Public Defender

$84,596

Supervising Public Defender (office)

77,051

Supervising Public Defender (trial) (each)

73,566

Supervising Public Defender (appeals) (each)

73,566

Deputy Public Defender (each)

62,830

Deputy Public Defender, Appellate (each)

62,830

Investigator (each)

44,370

24.  Public Utilities Commission of Nevada:

 

Chairman

$86,084

Public Utilities Commissioner (each)

80,718

Financial Analyst (each)

61,544

Staff Counsel

80,728

Assistant Staff Counsel (each)

77,051

Director, Consumer Complaint Resolution

53,587

General Counsel

80,728

Manager, Safety

71,738

Supervising Administrative Attorney

52,643

Manager, Systems Operation

61,544

Manager, Small Utilities

61,544

Public Education and Information Officer (each)

50,387

Administrative Attorney (each)

46,837

Utility Rate and Tariff Specialist

49,132

Manager, Regulatory Policy

74,160

Engineer, Water (each)

61,544

Engineer, Electric (each)

64,676

Senior Gas Pipeline Engineer

64,928

Engineer, Gas Pipeline

61,544

Senior Engineering Analyst

55,150

Manager, Financial Analysis

71,738

Director, Regulatory Operations

79,310

Manager, Rates and Tariffs

66,277

Specialist, Rates and Tariffs

53,144

Senior Analyst (each)

55,150

Manager, Consumer Complaint Resolution

49,759

Manager, Resource Analysis

66,681

Commission Secretary

70,000

Regulatory Economist (each)

66,054

Commission Policy Advisory (each)

67,910

Senior Utility Analyst (each)

55,150

Resource Planning Engineer

61,544


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2921 (Chapter 558, SB 554)ê

 

 

Approximate

 

Annual

Title or Position

Salary

 

 

Assistant General Counsel (each)

$77,051

Legal Case Manager

43,043

25.  Department of Taxation:

 

Executive Director

$92,914

Deputy Executive Director (each)

66,648

26.  Commission on Tourism:

 

Executive Director

$82,068

Public Information Officer

60,259

Business Manager

53,461

Development Specialist II, Tourism

58,470

Development Specialist, Tourism (each)

54,898

Project Analyst, Tourism

42,115

Development Specialist, Nevada Magazine

48,632

Editor Publisher, Nevada Magazine

66,431

Associate Editor

36,472

Managing Editor, Publications

51,064

Market and Promotion Manager, Publications

36,472

Production Manager

41,162

Art Director

43,493

Advertising Sales Representative

27,547

27.  Department of Transportation:

 

Director

$92,914

Deputy Director

87,970

Hearings Officer

55,150

28.  Supreme Court:

 

Supervisory Staff Attorney (each)

$93,510

Deputy Supervisory Staff Attorney

80,728

Counsel to the Chief Justice

80,728

Chief Clerk

93,510

Chief Deputy Clerk

51,834

Court Administrator

82,000

Deputy Court Administrator (each)

67,500

Principal Staff Attorney (each)

73,566

Staff Attorney (each)

67,095

Law Librarian

69,503

Senior Law Clerk (each)

43,390

29.  Colorado River Commission:

 

Director

$99,329

Deputy Director

87,524

Special Assistant

66,306

Division Head, Power

90,000

Division Head, Water

90,000

Administrative Services Officer

90,000


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2922 (Chapter 558, SB 554)ê

 

 

Approximate

 

Annual

Title or Position

Salary

 

 

30.  WICHE:

 

Director

$55,620

31.  Commission on Judicial Discipline:

 

General Counsel

$105,951

32.  Ethics Commission:

 

Executive Director

$70,450

Counsel, Ethics Commission

67,095

33.  Public Employees Health Program:

 

Executive Director

$90,000

Executive Assistant

52,000

Quality Control Officer

67,000

Operations Officer

75,000

Accounting Officer

65,000

Information Technology Systems Officer

68,000

34.  Veterans’ Services:

 

Director, Veterans’ Home

$69,978

Deputy Administrator, Veterans’ Home

56,983

Nevada Commissioner for Veteran Services

51,552

Nevada Deputy Commissioner for Veteran Services

42,230

35.  Peace Officers Standards and Training:

 

Executive Director

$64,090

 

    Sec. 2.  1.  If any unclassified position is omitted from this act for the fiscal years 1999-2000 and 2000-2001, the Department of Personnel shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.

    2.  The Interim Finance Committee may establish the title and salary for any positions affected by reorganization pursuant to legislation enacted by the 70th session of the Nevada Legislature.

    Sec. 3.  1.  There is hereby appropriated from the State General Fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada, including the Judicial Branch of Government, which receives part or all of its funding from the State General Fund, for the difference between the maximum amount allowed in sections 1 and 2 of this act and the amount budgeted for that purpose:

For the fiscal year 1999-2000  $78,979

For the fiscal year 2000-2001  $78,979

    2.  There is hereby appropriated from the State Highway Fund to the State Board of Examiners for reimbursement to a state agency which receives part or all of its funding from the State Highway Fund, for the difference between the maximum amount allowed in sections 1 and 2 of this act and the amount budgeted for that purpose:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2923 (Chapter 558, SB 554)ê

 

For the fiscal year 1999-2000  $11,700

For the fiscal year 2000-2001  $11,700

    Sec. 4.  1.  The State Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada Certified Public Accountant Certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as electronic laboratory engineer and possess a Bachelor of Science or higher degree in engineering, electronic engineering, or computer science and utilize, in the opinion of the board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.

    2.  There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $177,500 for the fiscal year 1999-2000 and $177,500 for the fiscal year 2000-2001 for the additional cost of subsection 1 of this section.

    Sec. 5.  The money appropriated for fiscal years 1999-2000 and 2000-2001, in sections 3 and 4 of this act is available for both fiscal years 1999-2000 and 2000-2001, and may be transferred from one fiscal year to the other with the approval of the Governor upon recommendation of the Chief of the Budget Division of the Department of Administration. Any balance of that money must not be committed for expenditure after June 30, 2001, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.

    Sec. 6.  1.  Employees filling the following positions in the classified service may receive annual salaries not to exceed the following specified amounts, effective July 1, 1999:

 

 

Approximate

 

Annual

Title or Position

Salary

 

 

Senior Physician (Range A)

$104,259

Senior Physician (Range B)

113,120

Senior Physician (Range C)

117,259

Senior Psychiatrist (Range A)

113,120

Senior Psychiatrist (Range B)

117,258

Senior Psychiatrist (Range C)

133,293

State Health Officer (Range A)

117,258

State Health Officer (Range B)

119,459

State Health Officer (Range C)

121,665

Senior Institutional Dentist (Range A)

92,463

Senior Institutional Dentist (Range B)

104,324

Medical Director (State laboratory)

117,258

Veterinary Diagnostician

67,725

Senior Veterinary Diagnostician

70,342

Veterinary Supervisor (Animal Disease Laboratory)

73,099

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2924 (Chapter 558, SB 554)ê

 

    2.  As used in this section, a Senior Psychiatrist (Range B) is a Psychiatrist eligible for certification by the American Board of Psychiatry. A Senior Psychiatrist (Range C) is a Psychiatrist certified by the American Board of Psychiatry and Neurology. A Senior Psychiatrist (Range A) is a Psychiatrist not so certified or eligible.

    3.  The maximum annual salary for the positions listed in subsection 1, except those whose salaries have been retained, must be adjusted effective July 1, 1999, and July 1, 2000, by the same percentage increase provided for state employees generally.

    Sec. 7.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 559, SB 555

Senate Bill No. 555–Committee on Finance

 

CHAPTER 559

 

AN ACT relating to public schools; apportioning the state distributive school account in the state general fund for the 1999-2001 biennium; authorizing certain expenditures; providing for a final adjustment following the close of a fiscal year; making various other changes concerning the administration of money for public schools; 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.  Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  The department shall:

    1.  Conduct an annual audit of the count of pupils for apportionment purposes reported by each school district pursuant to NRS 387.123 and the data reported by each school district that is used to measure the effectiveness of the implementation of the plan developed by each school district to reduce the pupil-teacher ratio in kindergarten and grades 1, 2 and 3, as required by NRS 388.710.

    2.  Review each school district’s report of the annual audit conducted by a public accountant as required by NRS 354.624, and the annual report prepared by each district as required by NRS 387.303, and report the findings of the review to the state board and the legislative committee on education, with any recommendations for legislation, revisions to regulations or training needed by school district employees. The report by the department must identify school districts which failed to comply with any statutes or administrative regulations of this state or which had any:

    (a) Long-term obligations in excess of the general obligation debt limit;

    (b) Deficit fund balances or retained earnings in any fund;

    (c) Deficit cash balances in any fund;

    (d) Variances of more than 10 percent between total general fund revenues and budgeted general fund revenues; or

    (e) Variances of more than 10 percent between total actual general fund expenditures and budgeted total general fund expenditures.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2925 (Chapter 559, SB 555)ê

 

    3.  In preparing its biennial budgetary request for the state distributive school account, consult with the superintendent of schools of each school district or a person designated by the superintendent.

    4.  Provide, in consultation with the Budget Division of the Department of Administration and the fiscal analysis division of the legislative counsel bureau, training to the financial officers of school districts in matters relating to financial accountability.

    Sec. 3.  When administering money received from the Federal Government, the superintendent of public instruction, the department or the state board, as applicable, shall, to the extent practicable, administer the money in a manner that is designed to attain the goals of the legislature regarding educational reform in this state.

    Sec. 4.  NRS 387.1211 is hereby amended to read as follows:

    387.1211  As used in NRS 387.121 to 387.126, inclusive:

    1.  “Average daily attendance” means the total number of pupils attending a particular school each day during a period of reporting divided by the number of days school is in session during that period.

    2.  “Enrollment” means the count of pupils enrolled in and scheduled to attend programs of instruction of a school district or a charter school at a specified time during the school year.

    3.  “Special education program unit” means an organized [instructional] unit of special education and related services which includes full-time services of persons licensed by the superintendent of public instruction or other appropriate licensing body, providing a program of instruction in accordance with minimum standards prescribed by the state board.

    Sec. 5.  NRS 387.1235 is hereby amended to read as follows:

    387.1235  [Local]

    1.  Except as otherwise provided in subsection 2, local funds available are the sum of:

    [1.] (a) The amount computed by multiplying .0025 times the assessed valuation of the school district as certified by the department of taxation for the concurrent school year; and

    [2.] (b) The proceeds of the local school support tax imposed by chapter 374 of NRS. The department of taxation shall furnish an estimate of these proceeds to the superintendent of public instruction on or before July 15 for the fiscal year then begun, and the superintendent shall adjust the final apportionment of the current school year to reflect any difference between the estimate and actual receipts.

    2.  The amount computed under subsection 1 that is attributable to any assessed valuation attributable to the net proceeds of minerals must be held in reserve and may not be considered as local funds available until the succeeding fiscal year.

    Sec. 6.  NRS 387.195 is hereby amended to read as follows:

    387.195  1.  Each board of county commissioners shall levy a tax of 75 cents on each $100 of assessed valuation of taxable property within the county for the support of the public schools within the county school district.

    2.  The tax collected pursuant to subsection 1 on any assessed valuation attributable to the net proceeds of minerals must not be considered as available to pay liabilities of the fiscal year in which the tax is collected but must be deferred for use in the subsequent fiscal year.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2926 (Chapter 559, SB 555)ê

 

must be deferred for use in the subsequent fiscal year. The annual budget for the school district must only consider as an available source the tax on the net proceeds of minerals which was collected in the prior year.

    3.  In addition to any tax levied in accordance with subsection 1, each board of county commissioners shall levy a tax for the payment of interest and redemption of outstanding bonds of the county school district.

    [3.] 4.  The tax collected pursuant to subsection 1 and any interest earned from the investment of the proceeds of that tax must be credited to the county’s school district fund.

    [4.] 5.  The tax collected pursuant to subsection [2] 3 and any interest earned from the investment of the proceeds of that tax must be credited to the county school district’s debt service fund.

    Sec. 7.  The basic support guarantee for school districts for operating purposes for the 1999-2000 fiscal year is an estimated weighted average of $3,806. For each respective school district, the basic support guarantee per pupil for the 1999-2000 fiscal year is:

 

Carson City................................................................... $4,266

Churchill County......................................................... $4,675

Clark County................................................................ $3,632

Douglas County........................................................... $4,129

Elko County................................................................. $4,559

Esmeralda County...................................................... $7,419

Eureka County............................................................. $1,956

Humboldt County....................................................... $4,454

Lander County............................................................. $4,225

Lincoln County............................................................ $7,037

Lyon County................................................................ $4,880

Mineral County............................................................ $5,041

Nye County.................................................................. $4,910

Pershing County........................................................... $5,291

Storey County.............................................................. $5,809

Washoe County........................................................... $3,663

White Pine County...................................................... $5,198

 

    Sec. 8.  1.  The basic support guarantee for school districts for operating purposes for the 2000-2001 fiscal year is an estimated weighted average of $3,804 per pupil.

    2.  On or before April 1, 2000, the Department of Taxation shall provide a certified estimate of the assessed valuation for each school district for the 2000-2001 fiscal year. The assessed valuation for each school district must be that which is taxable for purposes of providing revenue to school districts, including any assessed valuation attributable to the net proceeds of minerals derived from within the boundaries of the district.

    3.  On or before April 25 of each year, the Department of Taxation shall provide an estimate of the net proceeds of minerals based upon statements required of mine operators pursuant to NRS 362.115, as amended by Assembly Bill No. 506 of this session.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2927 (Chapter 559, SB 555)ê

 

    4.  For purposes of establishing the basic support guarantee, the estimated basic support guarantees for each school district for the 2000-2001 fiscal year for operating purposes are:

 

 

Basic

 

Estimated

 

Support

 

Basic

 

Guarantee

Estimated

Support

 

Before

Ad Valorem

Guarantee

School District

Adjustment

Adjustment

as Adjusted

Carson City

$4,120

$167

$4,287

Churchill County

$4,382

$333

$4,715

Clark County

$3,639

$(4)

$3,635

Douglas County

$4,418

$(325)

$4,093

Elko County

$4,319

$265

$4,584

Esmeralda County

$8,947

$(1,405)

$7,542

Eureka County

$8,704

$(6,173)

$2,531

Humboldt County

$4,526

$(44)

$4,482

Lander County

$4,630

$(417)

$4,213

Lincoln County

$6,742

$305

$7,047

Lyon County

$4,649

$253

$4,902

Mineral County

$4,821

$295

$5,116

Nye County

$4,799

$138

$4,937

Pershing County

$5,498

$(168)

$5,330

Storey County

$6,804

$(1,129)

$5,675

Washoe County

$3,702

$(43)

$3,659

White Pine County

$4,981

$263

$5,244

 

    5.  The ad valorem adjustment may be made only to take into account the difference in the assessed valuation and the estimated enrollment of the school district between the amount estimated as of April 1, 1999, and the amount estimated as of April 1, 2000, for the 2000-2001 fiscal year. Estimates of net proceeds of minerals received from the Department of Taxation on or before April 25 pursuant to subsection 3 shall be taken into consideration in determining the adjustment.

    6.  Upon receipt of the certified estimates of assessed valuations as of April 1, 2000, from the Department of Taxation, the Department of Education must recalculate the amount of ad valorem adjustment and the tentative basic support guarantee for operating purposes for the 2000-2001 fiscal year by April 15, 2000. The final basic support guarantee for each school district for the 2000-2001 fiscal year is the amount which is recalculated for the 2000-2001 fiscal year pursuant to this section, taking into consideration estimates of net proceeds of minerals received from the Department of Taxation on or before April 25, 2000. The basic support guarantee recalculated pursuant to this section must be calculated before May 31, 2000.

    Sec. 9.  1.  The basic support guarantee for each special education program unit which is maintained and operated for at least 9 months of a school year is $28,813 in the 1999-2000 fiscal year and $29,389 in the 2000-2001 fiscal year, except as limited by subsection 2.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2928 (Chapter 559, SB 555)ê

 

    2.  The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for the fiscal years 1999-2000 and 2000-2001 are:

 

                                                      Allocation of Special Education Units

                                                      1999-2000                          2000-2001

DISTRICT                      Units         Amount           Units             Amount

Carson City                       73         $2,103,349           75         $2,204,175

Churchill County              40         $1,152,520           41         $1,204,949

Clark County              1,276       $36,765,388      1,357       $39,880,873

Douglas County               58         $1,671,154           59         $1,733,951

Elko County                      78         $2,247,414           79         $2,321,731

Esmeralda County             4             $115,252              4             $117,556

Eureka County                   4             $115,252              4             $117,556

Humboldt County           28             $806,764           28             $822,892

Lander County                 17             $489,821           17             $499,613

Lincoln County                15             $432,195           16             $470,224

Lyon County                    49         $1,411,837           50         $1,469,450

Mineral County                10             $288,130           10             $293,890

Nye County                       38         $1,094,894           40         $1,175,560

Pershing County               13             $374,569           13             $382,057

Storey County                     8             $230,504              8             $235,112

Washoe County             416       $11,986,208         431       $12,666,659

White Pine County           19             $547,447           19             $558,391

Subtotal                        2,146       $61,832,698      2,251       $66,154,639

Reserved by State

Board of Education        40            1,152,520           40            1,175,560

TOTAL                         2,186       $62,985,218      2,291       $67,330,199

 

    3.  The State Board of Education shall reserve 40 special education program units in each fiscal year of the 1999-2001 biennium, to be allocated to school districts by the State Board of Education to meet additional needs that cannot be met by the allocations provided in subsection 2 to school districts for that fiscal year.

    4.  Notwithstanding the provisions of subsections 2 and 3, the State Board of Education is authorized to spend from the state distributive school account up to $144,065 in the fiscal year 1999-2000 and $146,945 in the fiscal year 2000-2001 for five special education program units for instructional programs incorporating educational technology for gifted and talented pupils. Any school district may submit a written application to the Department of Education requesting one or more of the five units for gifted and talented pupils. For each fiscal year of the 1999-2001 biennium, the Department will award the five units based on a review of applications received from school districts.

    Sec. 10.  1.  There is hereby appropriated from the state general fund to the state distributive school account in the state general fund created pursuant to NRS 387.030:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2929 (Chapter 559, SB 555)ê

 

For the 1999-2000 fiscal year................................................. $463,089,242

For the 2000-2001 fiscal year................................................. $477,494,736

    2.  The money appropriated by subsection 1 must be:

    (a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and

    (b) Work-programmed for the 2 separate fiscal years, 1999-2000 and 2000-2001, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.

    3.  Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate considerations of the merits of each request.

    4.  The sums appropriated by subsection 1 are available for either fiscal year. Money may be transferred from one fiscal year to the other with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.

    5.  Any remaining balance of the appropriation made by subsection 1 for the 1999-2000 fiscal year must be transferred and added to the money appropriated for the 2000-2001 fiscal year and may be expended as that money is expended.

    6.  Any remaining balance of the appropriation made by subsection 1 for the 2000-2001 fiscal year, including any money added thereto pursuant to the provisions of subsections 3 and 5, 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. 11.  1.  Expenditure of $130,133,149 by the Department of Education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1999.

    2.  Expenditure of $135,387,657 by the Department of Education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 2000.

    3.  For purposes of accounting and reporting, the sums authorized for expenditure by subsections 1 and 2 are considered to be expended before any appropriation is made to the state distributive school account from the state general fund.

    4.  The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

    5.  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 for expenditure by the Department of Education, in subsections 1 and 2, for the purpose of meeting obligations of the state incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2930 (Chapter 559, SB 555)ê

 

excess of the amount 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 authorized in subsections 1 and 2.

    Sec. 12.  During each of the fiscal years 1999-2000 and 2000-2001, whenever the State Controller finds that current claims against the state distributive school account in the state general fund exceed the amount available in the account to pay those claims, he may advance temporarily from the state general fund to the state distributive school account the amount required to pay the claims, but not more than the amount expected to be received in the current fiscal year from any source authorized for the state distributive school account. No amount may be transferred unless requested by the Chief of the Budget Division of the Department of Administration.

    Sec. 13.  The Department of Education is hereby authorized to spend from the state distributive school account the sums of $12,851,835 for the 1999-2000 fiscal year and $13,736,786 for the 2000-2001 fiscal year for the support of courses which are approved by the Department of Education as meeting the course of study for an adult standard high school diploma as approved by the State Board of Education. In each fiscal year of the 1999-2001 biennium, the sum authorized must be allocated among the various school districts in accordance with a plan or formula developed by the Department of Education to ensure the money is distributed equitably and in a manner that permits accounting for the expenditures of school districts.

    Sec. 14.  The Department of Education is hereby authorized to provide from the state distributive school account the sum of $50,000 to each of the 17 school districts in each fiscal year of the 1999-2001 biennium to support special counseling services for elementary school pupils at risk of failure.

    Sec. 15.  The amounts of the guarantees set forth in sections 7 and 8 of this act may be reduced to effectuate a reserve required pursuant to NRS 353.225.

    Sec. 16.  1.  The Department of Education is hereby authorized to transfer from the state distributive school account to the school districts specified in this section the following sums for fiscal years 1999-2000 and 2000-2001:

 

School District

1999-2000

2000-2001

Clark County School District

$1,284,603

$1,354,311

Douglas County School District

$640,655

$686,415

Elko County School District

$691,749

$487,914

Washoe County School District

   $832,993

   $921,360

 

$3,450,000

$3,450,000

 

    2.  A school district that receives an allocation pursuant to subsection 1:

    (a) Shall use the money to establish and operate a regional training program for the professional development of teachers and administrators, including, without limitation, paying:

         (1) The salaries and travel expenses of staff and other personnel necessary to the operation of the program;

         (2) Related administrative expenses; and


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2931 (Chapter 559, SB 555)ê

 

         (3) The costs incurred to acquire equipment and space to operate the program.

    (b) Shall use the money to pay for the travel expenses of teachers and administrators who attend the regional training program.

    (c) May use the money to provide incentives for teachers to attend the regional training program, including, without limitation, the:

         (1) Arrangement for credit toward renewal of a license or an endorsement for a license;

         (2) Provision of books, supplies or instructional materials for the classroom; and

         (3) Provision of stipends.

    3.  Except as otherwise provided in subsection 7, the regional training program established by the Clark County School District must primarily provide services to teachers and administrators who are employed by school districts in:

    (a) Clark County;

    (b) Esmeralda County;

    (c) Lincoln County; and

    (d) Nye County.

    4.  Except as otherwise provided in subsection 7, the regional training program established by the Douglas County School District must primarily provide services to teachers and administrators who are employed by school districts in:

    (a) Churchill County;

    (b) Douglas County;

    (c) Lyon County;

    (d) Carson City; and

    (e) Mineral County.

    5.  Except as otherwise provided in subsection 7, the regional training program established by the Elko County School District must primarily provide services to teachers and administrators who are employed by school districts in:

    (a) Elko County;

    (b) Eureka County;

    (c) Lander County;

    (d) Humboldt County; and

    (e) White Pine County.

    6.  Except as otherwise provided in subsection 7, the regional training program established by the Washoe County School District must primarily provide services to teachers and administrators who are employed by school districts in:

    (a) Pershing County;

    (b) Storey County; and

    (c) Washoe County.

    7.  Each regional training program shall, when practicable, make reasonable accommodations for the attendance of teachers and administrators who are employed by school districts outside the primary jurisdiction of the regional training program.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2932 (Chapter 559, SB 555)ê

 

    8.  Each regional training program must have a governing body consisting of:

    (a) The superintendent of schools, or his designee, for each school district that is included within the primary jurisdiction of the regional training program.

    (b) Teachers who are considered masters, appointed by the superintendents of schools of the school districts that are included within the primary jurisdiction of the regional training program and the representatives of higher education appointed to the governing body. Each teacher who wishes to be considered for appointment to the governing body must submit an application explaining his qualifications as a master teacher. At least one teacher must be appointed from each school district within the primary jurisdiction of the regional training program.

    (c) Representatives of the University and Community College System of Nevada, appointed by the Board of Regents, and representatives of other institutions of higher education, as determined by the superintendents of school districts included within the primary jurisdiction of the regional training program.

    (d) A nonvoting member who is an employee of the Department of Education.

    9.  The governing body of each regional training program shall adopt a training model, taking into consideration other model programs, including, without limitation, the program used by the Geographic Alliance in Nevada. The governing body shall assess the training needs of teachers who are employed by the school districts within the primary jurisdiction of the regional training program and adopt priorities of training for the program based upon the assessment of needs. The board of trustees of each such school district may submit recommendations for the types of training that should be offered. Based upon the assessment of needs for training within the region and the priorities of training adopted, each regional training program shall provide at least one of the following types of training:

    (a) Training for teachers in the standards adopted by the Council to Establish Academic Standards for Public Schools pursuant to section 45 of chapter 473, Statutes of Nevada 1997.

    (b) Training for teachers and school administrators in the assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils.

    (c) Training for teachers in specific content areas to enable the teachers to provide a higher level of instruction in their respective fields of teaching. Such training must include instruction in effective methods to teach in a content area provided by teachers who are considered masters in that content area.

    (d) Training for teachers in the methods to teach basic skills to pupils, such as providing instruction in reading with the use of phonics and providing instruction in basic skills of math computation.

    10.  The training required pursuant to subsection 9 must:

    (a) Include appropriate procedures to ensure follow-up training for teachers and administrators who have received training through the program.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2933 (Chapter 559, SB 555)ê

 

    (b) Incorporate training that addresses the educational needs of:

         (1) Pupils with disabilities who participate in programs of special education; and

         (2) Pupils whose primary language is not English.

    11.  A regional training program may include model classrooms that demonstrate the use of educational technology for teaching and learning.

    12.  The governing body of each regional training program shall:

    (a) Prepare and maintain a list that identifies programs for the professional development of teachers and administrators that successfully incorporate the standards of content and performance established by the Council to Establish Academic Standards for Public Schools and other training listed in subsection 9, and shall provide the list to the school districts for dissemination to teachers and administrators;

    (b) Establish a method for the evaluation of the success of the regional training program; and

    (c) Submit an annual report to the State Board of Education, the Commission on Professional Standards in Education, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation that includes:

         (1) The priorities for training adopted by the governing body pursuant to subsection 9;

         (2) The type of training offered through the program;

         (3) The number of teachers and administrators who received training during the immediately preceding year; and

         (4) An evaluation of the success of the regional training program in accordance with the method established pursuant to paragraph (b).

    13.  The board of trustees of each school district shall submit an annual report to the State Board of Education, the Commission on Professional Standards in Education, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation that includes:

    (a) The number of teachers and administrators employed by the school district who received training through a regional training program during the immediately preceding year; and

    (b) An evaluation of whether that training included the standards of content and performance adopted by the Council to Establish Academic Standards for Public Schools pursuant to section 45 of chapter 473, Statutes of Nevada 1997.

    14.  Each school district shall report for each school within the school district that received a designation as demonstrating need for improvement pursuant to NRS 385.367, if any, the amount of money expended for the:

    (a) Professional development of teachers to carry out the remedial programs required pursuant to NRS 385.389; and

    (b) Plan to improve the achievement of the school.

The report must be submitted to the Governor, the State Board of Education, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2934 (Chapter 559, SB 555)ê

 

    15.  Any remaining balance of the transfers made by subsection 1 for the 1999-2000 fiscal year must be added to the money received by the school districts for the 2000-2001 fiscal year and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for the 2000-2001 fiscal year, including any money added from the allocation for the previous fiscal year, must not be committed for expenditure after June 30, 2001, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 17.  1.  The school districts authorized to receive an allocation under subsection 1 of section 16 of this act to establish regional training programs are hereby authorized to form a consortium and to receive up to $50,000 in each fiscal year of the 1999-2001 biennium from the state distributive school account to spend for an evaluation of the regional training program for professional development of teachers and administrators established pursuant to section 16 of this act.

    2.  The consortium of school districts shall, after consulting with the Legislative Bureau of Educational Accountability and Program Evaluation, use the money allocated by subsection 1 to hire a qualified, independent consultant to conduct an evaluation of the effectiveness of the four regional training programs established pursuant to section 16 of this act. The evaluation must include, without limitation, a review of the annual reports submitted by the governing body of each regional training program pursuant to subsection 12 of section 16 of this act and the annual reports submitted by the board of trustees of each school district pursuant to subsection 13 of section 16 of this act.

    3.  On or before February 1, 2001, the consultant shall submit a written report of the results of his evaluation to the consortium and the Legislative Bureau of Educational Accountability and Program Evaluation. On or before February 19, 2001, the Legislative Bureau of Educational Accountability and Program Evaluation shall submit a copy of the written evaluation, including any recommendations for legislation, to the Director of the Legislative Counsel Bureau for transmission to the 71st session of the Nevada Legislature.

    4.  Any remaining balance of the allocation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 18.  1.  The Department of Education is hereby authorized to spend the following sums from the state distributive school account for remedial education programs for schools that have been designated as demonstrating need for improvement and certain schools that have been designated as demonstrating adequate achievement:

For the fiscal year 1999-2000...................................................... $3,300,000

For the fiscal year 2000-2001...................................................... $3,300,000

The money allocated must be used to provide remedial education programs that have been approved by the Department as being effective in improving pupil achievement.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2935 (Chapter 559, SB 555)ê

 

    2.  A school that receives a designation as demonstrating need for improvement pursuant to NRS 385.367 may submit to the Department of Education, for transmission to the State Board of Examiners, an application for an allocation from the amount authorized in subsection 1. A school that did not receive a designation because the school had too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015, but the test scores of the pupils indicate that the school would have received a designation as demonstrating need for improvement, may submit to the Department of Education, for transmission to the State Board of Examiners, an application for an allocation from the amount authorized in subsection 1. A school that receives a designation as demonstrating adequate achievement may submit to the Department of Education, for transmission to the State Board of Examiners, an application for an allocation from the amount authorized in subsection 1 if more than 40 percent of the pupils enrolled in the school received an average score below the 26th percentile on three of the four subjects tested pursuant to NRS 389.015 or if the school was designated as demonstrating need for improvement pursuant to NRS 385.367 in the immediately preceding school year. The Department of Education shall, in consultation with the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation, develop a form for such applications.

    3.  Upon receipt of an application submitted pursuant to subsection 2, the Department of Education shall review the application jointly with the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation. The Department of Education shall transmit the application to the State Board of Examiners with the recommendation of the Department of Education concerning the allocation of money based upon each application so received. The State Board of Examiners, or the Clerk of the Board if authorized by the Board to act on its behalf, shall consider each such application and, if it finds that an allocation should be made, recommend the amount of the allocation to the Interim Finance Committee. The Interim Finance Committee shall consider each such recommendation, but is not bound to follow the recommendation of the State Board of Examiners when determining the allocation to be received by a school.

    4.  In determining the amount of the allocation, the State Board of Examiners and the Interim Finance Committee shall consider:

    (a) The total number of pupils enrolled in the school who failed to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015; and

    (b) The financial need of the particular school.

    5.  A school that receives an allocation of money pursuant to subsection 3 shall use the money to:

    (a) Pay the costs incurred by the school in providing the program of remedial study required by NRS 385.389. The money must first be applied to those pupils who the school determines are performing at a level which poses the highest risk of failure.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2936 (Chapter 559, SB 555)ê

 

    (b) Pay for the salaries, training or other compensation of teachers and other educational personnel to provide the program of remedial study, instructional materials required for the remedial study, equipment necessary to offer the program of remedial study and all other additional operating costs attributable to the program of remedial study.

    (c) Supplement and not replace the money the school would otherwise expend for programs of remedial study.

    6.  Before a school amends a plan for expenditure of an allocation of money received pursuant to subsection 3, the school district must submit the proposed amendment to the Department of Education to receive joint approval from the Department of Education, the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation, or the Interim Finance Committee.

    7.  The sums authorized for expenditure in subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2001, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 19.  1.  The Department of Education is hereby authorized to allocate from the state distributive school account the following sums for remedial education programs or tutoring for pupils who need additional instructional time in order to pass or to reach a level considered proficient. Programs funded under this section must be conducted before or after school, on weekends, during the summer or between sessions in schools with year-round school calendars.

For the fiscal year 1999-2000..................................................... $1,000,000

For the fiscal year 2000-2001...................................................... $1,000,000

The money allocated must be used to provide remedial education programs or tutoring programs that have been approved by the Department as being effective in improving pupil achievement.

    2.  To receive an allocation from the amounts authorized in subsection 1, a school district must submit a written plan for providing remedial instruction or tutoring. The written plan must include:

    (a) The estimated number of pupils that will participate in the remedial program;

    (b) The curriculum that will be taught;

    (c) A schedule of the course work or tutoring to be conducted under the remedial program;

    (d) A plan for evaluating the effectiveness of the remedial program; and

    (e) A budget for the program.

    3.  Upon receipt of such an application, the Department of Education shall review the application jointly with the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation. The Department of Education shall transmit the application to the State Board of Examiners with the recommendation of the Department concerning the allocation of money based upon each application so received. The State Board of Examiners, or the Clerk of the Board if authorized by the Board to act on its behalf, shall consider each such application and, if it finds that an allocation should be made, recommend the amount of the allocation to the Interim Finance Committee.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2937 (Chapter 559, SB 555)ê

 

made, recommend the amount of the allocation to the Interim Finance Committee. The Interim Finance Committee shall consider each such recommendation, but is not bound to follow the recommendation of the State Board of Examiners when determining the allocation to be received by a school district.

    4.  A school that receives an allocation of money pursuant to subsection 3 shall use the money to:

    (a) Pay the costs incurred by the school in providing the program of remedial study required by NRS 385.389. The money must first be applied to those pupils who the school determines are performing at a level which poses the highest risk of failure.

    (b) Pay for the salaries, training or other compensation of teachers and other educational personnel to provide the program of remedial study, instructional materials required for the remedial study, equipment necessary to offer the program of remedial study and all other additional operating costs attributable to the program of remedial study.

    (c) Supplement and not replace the money the school would otherwise expend for programs of remedial study.

    5.  The sums authorized for expenditure in subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2001, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 20.  1.  The Department of Education is hereby authorized to transfer the following sums from the state distributive school account to develop or purchase and to score the examinations required to be administered statewide to measure the achievement of pupils in standards of content and performance, commencing in the 2000-2001 school year:

For the fiscal year 1999-2000......................................................... $300,000

For the fiscal year 2000-2001.............................. ……………… $300,000

On or before December 1, 2000, the State Board of Education shall, pursuant to the recommendations of the Council to Establish Academic Standards for Public Schools, develop or purchase examinations that measure the achievement and proficiency of pupils in grades 3 and 5 on the standards of content and performance established by the Council for English and mathematics. The examinations must be scored by a single entity, the Department of Education or a school district on behalf of the other school districts.

    2.  The examinations must be administered to all pupils who are required to take such examinations, pursuant to section 24 of Senate Bill No. 466 of this session, commencing in the spring semester of 2001. In the first year that the examinations are administered, the results of the examinations must be used solely to gather information and data concerning the examinations. The examinations or test questions to be used in the examinations must be tested in a pilot project in the Spring of 2000.

    3.  The State Board of Education shall adopt regulations that require the board of trustees of each school district and the governing body of each charter school to submit to the Superintendent of Public Instruction, the Department of Education, the Council to Establish Academic Standards for Public Schools and the Legislative Bureau of Educational Accountability and Program Evaluation, in the form and manner prescribed by the superintendent, the results of the examinations administered pursuant to this section.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2938 (Chapter 559, SB 555)ê

 

Public Schools and the Legislative Bureau of Educational Accountability and Program Evaluation, in the form and manner prescribed by the superintendent, the results of the examinations administered pursuant to this section. The State Board shall not include in the regulations any provision that would violate the confidentiality of the test scores of an individual pupil.

    4.  The board of trustees of each school district shall review the results of the examinations administered pursuant to subsection 2 to pupils enrolled in public schools within the school district. Based upon such a review, the board of trustees of each school district shall:

    (a) Identify the need, if any, for the acquisition of the knowledge and skills required of teachers to teach pupils the subjects relating to the standards of content and performance.

    (b) Recommend programs for the acquisition of the knowledge and skills by teachers, as identified by the review.

    (c) Review the curriculum of the school regarding the standards of content and performance.

    5.  The sums authorized for expenditure in subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2001, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 21.  1.  The Department of Education is hereby authorized to transfer the following sums from the state distributive school account to contract with a nationally recognized testing company to take over the development, printing, administration and scoring of the high school proficiency examination required by NRS 389.015:

For the fiscal year 1999-2000........................................................ $900,000

For the fiscal year 2000-2001.............................. ……………… $900,000

    2.  The standards established by the Council to Establish Academic Standards for Public Schools and adopted by the State Board of Education in August of 1998 must be phased into the high school proficiency examination as new forms are prepared. The examinations, or test questions to be used in the examinations, must be tested in a pilot project in the Fall of 2000.

    3.  Beginning in school year 2001-2002, the high school proficiency examination required by subsection 6 of NRS 389.015, which pupils must pass to receive a standard high school diploma, must measure pupils’ performance on the standards of content and performance adopted by the State Board of Education in August of 1998. The high school proficiency examination covering the academic standards must be administered to pupils in grade 11 in the school year 2001-2002, who must pass the examination before the end of grade 12 to receive a standard diploma in school year 2002-2003. Pupils who graduate from high school in school year 2001-2002 must pass the preceding year’s high school proficiency examination.

    4.  The examinations must be scored by a single private entity, the Department of Education or a school district on behalf of the other school districts.

    5.  In the first year that the examinations are administered, the results of the examinations must be used solely to gather information and data concerning the examinations. The State Board of Education shall adopt regulations that require the board of trustees of each school district and the governing body of each charter school to submit to the Superintendent of Public Instruction, the Department of Education, the Council to Establish Academic Standards for Public Schools and the Legislative Bureau of Educational Accountability and Program Evaluation, in the form and manner prescribed by the superintendent, the results of the examinations administered pursuant to this section.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2939 (Chapter 559, SB 555)ê

 

regulations that require the board of trustees of each school district and the governing body of each charter school to submit to the Superintendent of Public Instruction, the Department of Education, the Council to Establish Academic Standards for Public Schools and the Legislative Bureau of Educational Accountability and Program Evaluation, in the form and manner prescribed by the superintendent, the results of the examinations administered pursuant to this section. The State Board of Education shall not include in the regulations any provision that would violate the confidentiality of the test scores of an individual pupil.

    6.  The board of trustees of each school district shall review the results of examinations administered pursuant to subsection 3 to pupils enrolled in public schools within the school district. Based upon such a review, the board of trustees of each school district shall:

    (a) Identify the need, if any, for the acquisition of the knowledge and skills required of teachers to teach pupils the subjects relating to the standards of content and performance.

    (b) Recommend programs for the acquisition of the knowledge and skills by teachers, as identified by the review.

    (c) Review the curriculum of the school regarding the standards of content and performance.

    7.  The sums authorized for expenditure in subsection 1 are available for either fiscal year with the approval of the Interim Finance Committee. Any remaining balance of those sums must not be committed for expenditure after June 30, 2001, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 22.  Section 4 of chapter 333, Statutes of Nevada 1997, at page 1229, is hereby amended to read as follows:

   Sec. 4.  1.  An advisory committee for the statewide automated system of information concerning pupils is hereby created. The advisory committee consists of:

   (a) One representative of each school district, appointed by the board of trustees.

   (b) Two representatives of the state board of education, appointed by the president of the board.

   (c) One representative of the budget division of the department of administration, appointed by the chief of the budget division.

     (d) Two members of the legislature. One of the members must be appointed by the majority leader of the senate and one of the members must be appointed by the speaker of the assembly.

     2.  The term of each member of the advisory committee commences on August 1, 1997, and expires on June 30, [1999.] 2001.

     3.  For each day or portion of a day during which a member of the advisory committee who is a legislator attends a meeting of the advisory committee or is otherwise engaged in the business of the advisory committee, except during a regular or special session of the legislature, he is entitled to receive the:

     (a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2940 (Chapter 559, SB 555)ê

 

     (b) Per diem allowance provided for state officers and employees generally; and

     (c) Travel expenses provided pursuant to NRS 218.2207.

The compensation, per diem allowances and travel expenses of the legislative members of the advisory committee must be paid from the legislative fund.

     4.  The members of the advisory committee who are not legislators serve without compensation, except that for each day or portion of a day during which a member of the advisory committee attends a meeting of the advisory committee or is otherwise engaged in the work of the advisory committee, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

     [4.] 5.  The superintendent of public instruction shall hold at least eight meetings with the advisory committee and during those meetings report to and consider any suggestions of the advisory committee concerning the establishment and maintenance of the statewide automated system of information concerning pupils.

    Sec. 23.  1.  The Department of Education is hereby authorized to transfer from the state distributive school account to the Clark County School District in each fiscal year of the 1999-2001 biennium the following sums for the continued implementation and maintenance of a statewide automated system of information concerning pupils pursuant to NRS 386.650:

For fiscal year 1999-2000        $1,700,000

For fiscal year 2000-2001        $1,700,000

    2.  The money allocated to the Clark County School District must be used for the purchase of hardware, networking and software for information relating to pupils, and training and other related services that are nonrecurring, including, without limitation, assistance in the integration of the statewide automated system of information concerning pupils. The allocations made by subsection 1 must be used in accordance with the program established by the school districts for the statewide automated system of information concerning pupils pursuant to NRS 386.650.

    3.  To receive money pursuant to subsection 1, the Board of Trustees of the Clark County School District shall enter into a written agreement with the Department of Education. The written agreement must prescribe the duties of the school district and the Department of Education in continuing to implement and maintain the statewide automated system of information concerning pupils. The Clark County School District shall not use the money to:

    (a) Settle or arbitrate disputes or negotiate settlements between an organization that represents employees of the school district and the school district; or

    (b) Adjust the schedules of salaries and benefits of the employees of the school district, excluding any overtime costs incurred by an employee of the school district while working on the establishment and maintenance of the statewide automated system of information concerning pupils.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2941 (Chapter 559, SB 555)ê

 

    4.  The Department of Education is hereby authorized to spend $300,000 from the state distributive school account in each year of the 1999-2001 biennium in the following manner:

    (a) Contractual services that are necessary to plan, install and evaluate hardware and software and provide technical assistance for the statewide automated system of information concerning pupils; and

    (b) The payment of the per diem allowances and travel expenses for the nonlegislative members of the advisory committee for the statewide automated system of information concerning pupils created pursuant to section 4 of chapter 333, Statutes of Nevada 1997.

    5.  The sums authorized for expenditure in subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2001, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    6.  The Superintendent of Public Instruction shall, during the 1999-2001 biennium, report semiannually to the Interim Finance Committee and annually to the Legislative Committee on Education concerning the expenditures described in subsections 2 and 4 of this section.

    7.  The Department of Education shall, on or before February 15, 2001, provide a report to the 71st session of the Nevada Legislature which includes all expenditures described in sections 2 and 4 of this section.

    8.  For the purposes of carrying out the provisions of this section, the Department of Education is not subject to the provisions of chapter 233F or 242 of NRS.

    Sec. 24.  1.  The Department of Education is hereby authorized to spend the following amounts from the state distributive school account during the 1999-2001 biennium:

    (a) For the Commission on Educational Technology to grant to local school districts for schools that were unable to reach the minimal level of educational technology for the classroom or computer laboratory recommended by the Commission, $1,300,000 for fiscal year 1999-2000 and $1,400,000 for fiscal year 2000-2001.

    (b) For the Commission on Educational Technology to grant to school libraries for licenses to access research databases and other on-line resources appropriate for pupils, $500,000 in fiscal year 1999-2000.

    (c) For the Commission on Educational Technology to grant to local school districts to pay for maintenance contracts for software, $500,000 in fiscal year 1999-2000 and $500,000 in fiscal year 2000-2001.

    (d) For transfer to the Clark County School District to continue implementing the uniform, statewide satellite downlink project, $400,000 in fiscal year 1999-2000 and $400,000 in fiscal year 2000-2001.

    (e) For the school to careers program to provide base-level grants of $25,000 to each school district and institution of higher education within the University and Community College System, with the remaining funds allocated among the school districts on a per-pupil basis, $1,000,000 in fiscal year 1999-2000 and $1,000,000 in fiscal year 2000-2001.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2942 (Chapter 559, SB 555)ê

 

    (f) For grants to school districts and community-based organizations for early childhood education and family literacy programs for pre-school children and their parents, $500,000 in fiscal year 1999-2000 and $500,000 in fiscal year 2000-2001.

    2.  Except for paragraph (b) of subsection 1, the sums authorized for expenditure in subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2001, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 25.  The sums appropriated or authorized in sections 16 to 21, inclusive, and sections 23 and 24 of this act:

    1.  Must be accounted for separately from any other money received by the school districts of this state and used only for the purposes specified in the applicable section of this act.

    2.  May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

    3.  May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

    Sec. 26.  The Department of Education is hereby authorized to spend from the state distributive school account the sum of $3,687,525 to be apportioned among the school districts for the fiscal year 1999-2000 in the amounts listed below to replace the revenue from the tax on net proceeds of minerals that will be collected during fiscal year 1999-2000 but are, pursuant to sections 3 and 4 of this act, reserved for expenditure in fiscal year 2000-2001:

 

 

Payment for Tax

 

on Net Proceeds

School District

of Minerals

Carson City

$ 0

Churchill

$30,000

Clark

$42,000

Douglas

$300

Elko

$975,000

Esmeralda

$4,500

Eureka

$900,000

Humboldt

$26,250

Lander

$1,275,000

Lincoln

$375

Lyon

$975

Mineral

$7,500

Nye

$142,500

Pershing

$195,000

Storey

$4,500

Washoe

$4,875

White Pine

$78,750

 

$3,687,525

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2943 (Chapter 559, SB 555)ê

 

For the fiscal year 1999-2000, the sums apportioned to each school district shall be considered as the portion of the tax of 75 cents on each $100 of assessed valuation of taxable property within the county for the support of public schools within the county school district which is attributable to the school districts’ share of the tax on net proceeds of minerals.

    Sec. 27.  Beginning on July 1, 1999, estate tax receipts must be deposited into the fund for school improvement and an amount not to exceed $13,891,737 must be transferred from the fund for school improvement to the state distributive school account in each fiscal year of the 1999-2001 biennium.

    Sec. 28.  Section 55 of chapter 473, Statutes of Nevada 1997, at page 1784, is hereby amended to read as follows:

   Sec. 55.  1.  There is hereby appropriated from the state general fund to the department of education for the fiscal year 1998-1999 [the] :

   (a) The sum of [$271,500] $201,500 to pay the costs incurred by the department of education for developing, writing and printing the examinations required of pupils pursuant to paragraph (b) of subsection 4 of section 45 of [this act.] chapter 473, Statutes of Nevada 1997; and

   (b) The sum of $70,000 to pay the costs incurred by the department of education for writing test questions and developing additional forms for the high school proficiency examination required by NRS 389.015.

   2.  Any remaining balance of the [appropriation] appropriations made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 29.  Each school district shall expend the revenue made available through this act, as well as other revenue from state, local and federal sources, in a manner that is designed to attain the goals of the Legislature regarding educational reform in this state, especially with regard to assisting pupils in need of remediation and pupils who are not proficient in the English language.

    Sec. 30.  1.  Section 28 of this act becomes effective upon passage and approval.

    2.  This section and the remaining sections of this act become effective on July 1, 1999.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2944ê

 

CHAPTER 560, AB 205

Assembly Bill No. 205–Assemblymen Neighbors and Segerblom

 

Joint Sponsor: Senator McGinness

 

CHAPTER 560

 

AN ACT making an appropriation to the State Public Works Board for the construction of a Hi-Tech Learning Center in Pahrump; 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 State Public Works Board the sum of $3,500,000 for the construction of a Hi-Tech Learning Center in Pahrump.

    2.  The State Public Works Board shall construct the Hi-Tech Learning Center in cooperation with the University and Community College System of Nevada.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 561, AB 360

Assembly Bill No. 360–Assemblyman Dini

 

CHAPTER 561

 

AN ACT making an appropriation to the State Public Works Board for feasibility studies regarding the construction of Hi-Tech Learning Centers in Lyon County and in Douglas County, Nevada; 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 State Public Works Board the sum of $150,000 for two feasibility studies regarding the construction of Hi-Tech Learning Centers in:

    (a) Lyon County at Yerington High School or Fernley High School; and

    (b) Douglas County.

    2.  On or before March 1, 2001, the State Public Works Board shall report the results of its studies to the Director of the Legislative Counsel Bureau for transmittal to the 71st session of the Nevada Legislature.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2945 (Chapter 561, AB 360)ê

 

    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 all payments of money committed have been made.

    Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 562, AB 368

Assembly Bill No. 368–Committee on Education

 

CHAPTER 562

 

AN ACT relating to education; requiring that the annual audit of certain school districts include an audit of expenditures relating to the design, construction, acquisition and renovation of school facilities and grounds; requiring certain school districts to develop and adopt a policy to renovate or reconstruct certain school facilities; requiring a certain school district to establish a pilot program for replacing schools; authorizing the use of certain proceeds of bonds for the pilot program; requiring the submission of an interim report concerning the progress of the pilot program; 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 354.624 is hereby amended to read as follows:

    354.624  1.  Each local government shall provide for an annual audit of all of its:

    (a) Funds;

    (b) Account groups; and

    (c) Separate accounts established pursuant to NRS 354.603.

A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 5 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government that submits an application for an extension to the department. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause the audit to be made at the expense of the local government. All audits must be conducted by a public accountant who is certified or registered or by a partnership or professional corporation that is registered pursuant to chapter 628 of NRS.

    2.  The annual audit of a school district must [be] :

    (a) Be concluded and the report submitted to the board of trustees as provided in subsection 5 not later than 4 months after the close of the fiscal year for which the audit is conducted.

    (b) If the school district has more than 150,000 pupils enrolled, include an audit of the expenditure by the school district of all public money used:

         (1) To design, construct or purchase new buildings for schools or related facilities;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2946 (Chapter 562, AB 368)ê

 

         (2) To enlarge, remodel or renovate existing buildings for schools or related facilities; and

         (3) To acquire sites for building schools or related facilities, or other real property for purposes related to schools.

    3.  The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.

    4.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards, including comment on compliance with statutes and regulations, recommendations for improvements and any other comments deemed pertinent by the auditor, including his expression of opinion on the financial statements. The department of taxation shall prescribe the form of the financial statements, and the chart of accounts must be as nearly as possible the same as the chart that is used in the preparation and publication of the annual budget. The report of the audit must include:

    (a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989;

    (b) A comparison of the operations of the local government with the approved budget, including a statement from the auditor that indicates whether the governing body has taken action by adoption as recommended, by adoption with modifications or by rejection on any deficiencies in operations and recommendations for improvements which were noted or made in previous reports;

    (c) A statement from the auditor that indicates whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:

         (1) An enterprise fund.

         (2) An internal service fund.

         (3) A trust or agency fund.

         (4) A self-insurance fund.

         (5) A fund whose balance is required by law to be:

             (I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or

             (II) Carried forward to the succeeding fiscal year in any designated amount; and

    (d) A list and description of any property conveyed to a nonprofit organization pursuant to NRS 244.287 or 268.058.

    5.  The recommendations and the summary of the narrative comments contained in the report of the audit must be read in full at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

    (a) The clerk or secretary of the governing body;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2947 (Chapter 562, AB 368)ê

 

    (b) The county clerk;

    (c) The department of taxation; and

    (d) In the case of a school district, the department of education.

    6.  The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

    Sec. 2.  Chapter 393 of NRS is hereby amended by adding thereto a new section to read as follows:

    A school district that has more than 150,000 pupils enrolled shall develop and adopt a policy concerning the renovation or reconstruction of older buildings for schools or related facilities. As part of the policy, consideration must be given to the relative advantages and disadvantages of the renovation or reconstruction of older buildings for schools or related facilities as compared to the design, construction or purchase of new buildings for schools or related facilities. The policy must include, without limitation, guidelines for use by the board of trustees in determining whether older buildings should be renovated or reconstructed or whether new buildings to replace those older buildings should be constructed or purchased.

    Sec. 3.  1.  The legislature hereby finds and declares that:

    (a) The deterioration of school facilities has become a grave concern in this state;

    (b) The local governments in the various portions of the state are currently faced with unique financial problems resulting from a variety of situations because in some local governments the population is rapidly increasing whereas in others the population is generally declining;

    (c) Some local governments are still attempting to rehabilitate schools that were built around the turn of the last century and others cannot build new schools quickly enough to meet the needs of the children in the district; and

    (d) Because of the unique variety of problems facing the local governments of this state a general law cannot be made applicable to ensure that children in more densely populated urban areas are provided with a safe environment which encourages learning.

    2.  The board of trustees of the Clark County School District shall establish a pilot program to replace schools. The school district may use an amount not to exceed $15 million from the proceeds of the bonds issued pursuant to subsection 3 or 4 of NRS 350.020 to:

    (a) Evaluate older schools within the district to determine the need for renovation or reconstruction of those schools in furtherance of section 2 of this act; and

    (b) Reconstruct one existing elementary school designated by the board of trustees from among the three schools analyzed in 1998 by the board of trustees in the study entitled “Rehab vs. Replacement Study/Phase Analysis.” The board of trustees, upon designating the school to be reconstructed, shall with all deliberate speed commence the reconstruction of the designated school with a planned completion date of July 1, 2001.

 


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ê1999 Statutes of Nevada, Page 2948 (Chapter 562, AB 368)ê

 

    3.  The purpose of this section is to provide authority to expend the proceeds of the bonds issued pursuant to subsection 3 or 4 of NRS 350.020 for reconstruction that is additional to and does not replace, repeal or limit any existing authority to so expend such proceeds.

    4.  On or before February 1, 2001, the Clark County School District shall submit to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada legislature an interim report regarding the pilot program to replace schools. The report must include, without limitation, the progress of the effort to evaluate the older schools conducted pursuant to paragraph (a) of subsection 2 of this section and the progress of the reconstruction of the designated elementary school.

    Sec. 4.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 563, AB 595

Assembly Bill No. 595–Committee on Ways and Means

 

CHAPTER 563

 

AN ACT relating to state financial administration; authorizing the supreme court of Nevada to enter into a long-term lease for office space for the court in Clark County which extends beyond the 1999-2001 biennium; 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.  Notwithstanding the provisions of subsection 2 of NRS 353.260, upon approval of the Interim Finance Committee, the supreme court of Nevada may enter into a contract for a 20-year lease of office space for the court in Clark County which extends in duration beyond the 1999-2001 biennium except that the total amount of money committed over the 20-year period may not exceed $8,928,000, exclusive of operation and maintenance costs. The request submitted to the Interim Finance Committee for approval of the lease must include all substantive details of the proposed lease and, if possible, a copy of the proposed lease document or documents.

    2.  Money for the payment of the debt incurred pursuant to this section will be provided for in the annual tax imposed for the payment of the obligations of the State of Nevada from the consolidated bond interest and redemption fund or by other legislative act. The provisions of NRS 349.238 to 349.248, inclusive, apply to payment of the debt. The interest, if any, on the debt generated by the 20-year lease must be paid at least semiannually and the principal must be paid within 20 years after the date of passage of this act.

    Sec. 2.  This act becomes effective upon passage and approval.

________

 


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ê1999 Statutes of Nevada, Page 2949ê

 

CHAPTER 564, AB 622

Assembly Bill No. 622–Committee on Judiciary

 

CHAPTER 564

 

AN ACT relating to the judiciary; increasing the benefits provided to the surviving spouses of justices of the supreme court and district judges; 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 2.070 is hereby amended to read as follows:

    2.070  1.  If a justice of the supreme court at the time of his death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive monthly payments of [$2,000] $2,500 per month.

    2.  If a surviving spouse of a justice is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees’ retirement system.

    3.  To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

    4.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees’ retirement system.

    5.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to justices of the supreme court.

    Sec. 2.  NRS 3.095 is hereby amended to read as follows:

    3.095  1.  If a district judge at the time of his death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive monthly payments of [$2,000] $2,500 per month.

    2.  If a surviving spouse of a judge is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees’ retirement system.


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ê1999 Statutes of Nevada, Page 2950 (Chapter 564, AB 622)ê

 

    3.  To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

    4.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees’ retirement system.

    5.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to district judges.

    Sec. 3.  1.  There is hereby appropriated from the state general fund to the supreme court for the support of the pensions of justices, judges and surviving spouses:

For the fiscal year 1999-2000  $73,109

For the fiscal year 2000-2001  $73,109

    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. 4.  The amendatory provisions of this act, which provide for certain increases in the benefits of surviving spouses of justices of the supreme court and district judges, apply only to payments of benefits made on or after July 1, 1999.

    Sec. 5.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 565, AB 634

Assembly Bill No. 634–Committee on Commerce and Labor

 

CHAPTER 565

 

AN ACT relating to contractors; providing for the establishment of an investigations office by the state contractors’ board and prescribing its duties; making various changes regarding the procedures and grounds for taking and the scope of disciplinary action against a contractor; requiring annual reports by the state contractors’ board; making various changes concerning constructional fraud, proceedings of the board, the prerequisites to obtaining and maintaining a license, the enforcement of licensing requirements and the imposition of administrative and criminal penalties for violations; providing additional administrative and criminal penalties; 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 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

    Sec. 2.  1.  The board shall:

    (a) Establish an investigations office to enforce the provisions of this chapter. The investigations office must include a special investigations unit consisting of criminal investigators and a compliance investigations unit consisting of compliance investigators.


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ê1999 Statutes of Nevada, Page 2951 (Chapter 565, AB 634)ê

 

consisting of criminal investigators and a compliance investigations unit consisting of compliance investigators.

    (b) Adopt regulations setting forth the qualifications required for investigators employed to carry out this section.

    2.  As used in this section, “criminal investigator” means a person authorized to perform the duties set forth in subsection 2 of NRS 624.115.

    Sec. 3.  1.  The investigations office of the board shall:

    (a) Upon the receipt of a complaint against a licensee, initiate an investigation of the complaint.

    (b) Within 10 days after receiving such a complaint, notify the licensee and, if known, the person making the complaint of the initiation of the investigation, and provide a copy of the complaint to the licensee.

    (c) Upon the completion of its investigation of a complaint, provide the licensee and, if known, the person making the complaint with written notification of any action taken on the complaint and the reasons for taking that action.

    2.  The investigations office of the board may attempt to resolve the complaint by:

    (a) Meeting and conferring with the licensee and the person making the complaint; and

    (b) Requesting the licensee to provide appropriate relief.

    3.  If the subject matter of the complaint is not within the jurisdiction of the board, or if the board or the investigations office is unable to resolve the complaint after exhausting all reasonable remedies and methods of resolution, the board or its designee shall:

    (a) Forward the complaint, together with any evidence or other information in the possession of the board concerning the complaint, to any public or private agency which, in the opinion of the board, would be effective in resolving the complaint; and

    (b) Notify the person making the complaint of its action pursuant to paragraph (a) and of any other procedures which may be available to resolve the complaint.

    Sec. 4.  1.  If the board or its designee, based upon a preponderance of the evidence, has reason to believe that a licensee or applicant for a contractor’s license has committed an act which constitutes a cause for disciplinary action pursuant to NRS 624.300, the board or its designee, as appropriate, may issue or authorize the issuance of a written administrative citation to the licensee or applicant. A citation issued pursuant to this section may include, without limitation:

    (a) An order to take action to correct a condition resulting from an act that constitutes a cause for disciplinary action, at the licensee’s or applicant’s cost;

    (b) An order to pay an administrative fine; and

    (c) An order to reimburse the board for the amount of the expenses incurred to investigate the complaint.

    2.  If a written citation issued pursuant to subsection 1 includes an order to take action to correct a condition resulting from an act that constitutes a cause for disciplinary action, the citation must state the time permitted for compliance, which must be not less than 15 business days after the date the licensee or applicant receives the citation, and specifically describe the action required to be taken.


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ê1999 Statutes of Nevada, Page 2952 (Chapter 565, AB 634)ê

 

after the date the licensee or applicant receives the citation, and specifically describe the action required to be taken.

    Sec. 5.  The board shall adopt regulations concerning the:

    1.  Form of a written citation issued pursuant to section 4 of this act;               2.  Time required for a licensee or applicant for a license to correct a condition resulting from an act that constitutes a cause for disciplinary action if he is so ordered pursuant to section 4 of this act; and

    3.  Imposition of an administrative fine pursuant to the provisions of this chapter. The board must consider:

    (a) The gravity of the violation;

    (b) The good faith of the licensee; and

    (c) Any history of previous violations of the provisions of this chapter by the licensee.

    Sec. 6.  1.  A licensee or applicant for a contractor’s license who is issued a written citation pursuant to section 4 of this act may contest the citation within 15 business days after the date on which the citation is served on the licensee or applicant.

    2.  A licensee or applicant for a contractor’s license may contest, without limitation:

    (a) The facts forming the basis for the determination that the licensee or applicant has committed an act which constitutes a cause for disciplinary action;

    (b) The time allowed to take any corrective action ordered;

    (c) The amount of any administrative fine ordered;

    (d) The amount of any order to reimburse the board for the expenses incurred to investigate the licensee or applicant; and

    (e) Whether any corrective action described in the citation is reasonable.

    3.  If a licensee or applicant for a contractor’s license does not contest a citation issued pursuant to section 4 of this act within 15 business days after the date on which the citation is served on the licensee or applicant, or on or before such later date as specified by the board pursuant to subsection 4, the citation shall be deemed a final order of the board and not subject to review by any court or agency.

    4.  The board may, for good cause shown, extend the time to contest a citation issued pursuant to section 4 of this act.

    5.  For the purposes of this section, a citation shall be deemed to have been served on a licensee or an applicant on:

    (a) The date on which the citation is personally delivered to the licensee or applicant; or

    (b) If the citation is mailed, the date on which the citation is mailed by certified mail to the last known business or residential address of the licensee or applicant.

    Sec. 7.  If a licensee or applicant for a contractor’s license contests a citation issued pursuant to section 4 of this act or order to correct a violation of the provisions of this chapter within 15 business days after he receives the citation or order, or on or before such later date as specified by the board pursuant to subsection 4 of section 6 of this act, the board shall hold a hearing pursuant to NRS 624.310.


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ê1999 Statutes of Nevada, Page 2953 (Chapter 565, AB 634)ê

 

    Sec. 8.  1.  On or before September 1 of each even-numbered year, the board or its designee shall:

    (a) Review the complaints received by the board to ascertain whether there are any similarities or common trends among any of those complaints;

    (b) Prepare a written summary that identifies potential difficulties in the regulation of contractors and the protection of the public pursuant to this chapter; and

    (c) Report any findings and recommendations for legislation to:

         (1) The governor; and

         (2) The director of the legislative counsel bureau for transmittal to the next regular session of the legislature.

    2.  The board shall take such action as is necessary to keep the public informed of its activities pursuant to this section.

    Sec. 9.  A licensee or an applicant for a contractor’s license must prove his financial responsibility by demonstrating that his past and current financial solvency and expectations for financial solvency in the future are such as to provide the board with a reasonable expectation that the licensee or applicant can successfully do business as a contractor without jeopardy to the public health, safety and welfare.

    Sec. 10.  The following acts or omissions, among others, constitute cause for disciplinary action pursuant to NRS 624.300:

    1.  Contracting, offering to contract or submitting a bid as a contractor if the contractor’s license has been suspended or revoked pursuant to NRS 624.300.

    2.  Failure to comply with a written citation issued pursuant to section 4 of this act within the time permitted for compliance set forth in the citation, or, if a hearing is held pursuant to NRS 624.310, within 15 business days after the hearing.

    3.  Except as otherwise provided in subsection 2, failure to pay an administrative fine imposed pursuant to this chapter within 30 days after:

    (a) Receiving notice of the imposition of the fine; or

    (b) The final administrative or judicial decision affirming the imposition of the fine,

whichever occurs later.

    4.  The suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state if the contractor is licensed in this state or applies for a license in this state. A certified copy of the suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state is conclusive evidence of that action.

    5.  Failure or refusal to respond to a written request from the board or its designee to cooperate in the investigation of a complaint.

    6.  Failure or refusal to comply with a written request by the board or its designee for information or records, or obstructing or delaying the providing of such information or records.


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ê1999 Statutes of Nevada, Page 2954 (Chapter 565, AB 634)ê

 

    Sec. 11.  A complaint against a licensee for the commission of any act or omission that constitutes cause for disciplinary action pursuant to NRS 624.300 must be filed in writing with the board within 4 years after the act or omission.

    Sec. 12.  1.  Except as otherwise provided in this chapter, any person other than an applicant for a contractor’s license who takes an examination of the board on behalf of the applicant, is guilty of a misdemeanor.

    2.  Any person who, without the authorization of the board, provides any portion of an examination of the board to another person, is guilty of a misdemeanor.

    Sec. 13.  NRS 624.115 is hereby amended to read as follows:

    624.115  1.  The board may employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

    2.  The board may require criminal investigators who are employed by the board pursuant to section 2 of this act to [locate persons who:

    (a)] :

    (a) Conduct a background investigation of a licensee or an applicant for a contractor’s license;

    (b) Locate and identify persons who:

         (1) Engage in the business or act in the capacity of a contractor within this state [; or

    (b)] in violation of the provisions of this chapter;

         (2) Submit bids on jobs situated within this state [,] in violation of [NRS 624.230.] the provisions of this chapter; or

         (3) Otherwise violate the provisions of this chapter or the regulations adopted pursuant to this chapter; and

    (c) Issue a written misdemeanor citation pursuant to NRS 171.1773 to a person who violates a provision of this chapter that is punishable as a misdemeanor. A criminal investigator may request any constable, sheriff or other peace officer to assist him in the issuance of such a citation.

    Sec. 14.  NRS 624.165 is hereby amended to read as follows:

    624.165  1.  The board [may:] shall:

    (a) Designate one or more of its employees for the investigation of constructional fraud;

    (b) Cooperate with other local, state or federal investigative and law enforcement agencies, and the attorney general;

    (c) Assist the attorney general or any official of an investigative or a law enforcement agency of this state, any other state or the Federal Government who requests assistance in investigating any act of constructional fraud; and

    (d) Furnish to those officials any information [, not otherwise confidential,] concerning its investigation or report on any act of constructional fraud.

    2.  The board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

    (a) Arrests;

    (b) Guilty pleas;


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ê1999 Statutes of Nevada, Page 2955 (Chapter 565, AB 634)ê

 

    (c) Sentencing;

    (d) Probation;

    (e) Parole;

    (f) Bail;

    (g) Complaints; and

    (h) Final dispositions,

for the investigation of constructional fraud.

    3.  For the purposes of this section, constructional fraud occurs if a person engaged in construction knowingly:

    (a) Misapplies money under the circumstances described in NRS 205.310;

    (b) Obtains money, property or labor by false pretense as described in NRS 205.380;

    (c) Receives payments and fails to state his own true name, or states a false name, contractor’s license number, address or telephone number of the person offering a service; [or]

    (d) Commits any act of theft, forgery, fraud or embezzlement, in connection with a construction project, that violates a criminal statute of this state;

    (e) Acts as a contractor without:

         (1) Possessing a contractor’s license issued pursuant to this chapter; or

         (2) Possessing any other license required by this state or a political subdivision of this state; or

    (f) Otherwise fails to disclose a material fact.

    Sec. 15.  NRS 624.170 is hereby amended to read as follows:

    624.170  1.  Any member of the board or the executive officer may take testimony and proofs concerning all matters within the jurisdiction of the board.

    2.  The board or any member thereof, or the executive officer, may:

    (a) Administer oaths.

    (b) Certify to all official acts.

    (c) Issue subpoenas for the attendance of witnesses and the production of records, books and papers in connection with any hearing [before the board or any investigation by the board of an unlicensed contractor.] , investigation or other proceeding of the board.

    Sec. 16.  NRS 624.190 is hereby amended to read as follows:

    624.190  1.  The district court in and for the county in which any hearing , [or] investigation or other proceeding is held by the board may compel the attendance of witnesses, the giving of testimony and the production of records, books and papers as required by any subpoena issued by the board or the executive officer.

    2.  In case of the refusal of any witness to attend or testify or produce any [papers] items required by the subpoena , the board may report to the district court in and for the county in which the hearing , [or] investigation or other proceeding will be held by petition, setting forth that:

    (a) Due notice has been given of the time and place of attendance of the witness or the production of the records, books or papers;

    (b) The witness has been subpoenaed in the manner prescribed in this chapter; and


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ê1999 Statutes of Nevada, Page 2956 (Chapter 565, AB 634)ê

 

    (c) The witness has failed and refused to attend or produce the [papers] items required by subpoena before the board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing [or investigation,] , investigation or other proceeding,

and ask an order of the court compelling the witness to attend and testify or produce the records, books or papers before the board.

    3.  The court, upon petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended or testified or produced the records, books or papers before the board. A certified copy of the order must be served upon the witness.

    4.  If it appears to the court that the subpoena was regularly issued by the board or the executive officer, the court shall thereupon enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required records, books or papers. Upon failure to obey the order , the witness must be dealt with as for contempt of court.

    Sec. 17.  NRS 624.200 is hereby amended to read as follows:

    624.200  The board may in any hearing , [or] investigation or other proceeding before it cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by the Nevada Rules of Civil Procedure for like depositions in civil actions in the district courts of this state, and to that end may compel the attendance of witnesses and the production of records, books and papers.

    Sec. 18.  NRS 624.210 is hereby amended to read as follows:

    624.210  Any party to any hearing , [or] investigation or other proceeding before the board has the right to the attendance of witnesses in his behalf at the hearing , [or] investigation or other proceeding or upon deposition as set forth in this chapter upon making a request therefor to the board and designating the person sought to be subpoenaed.

    Sec. 19.  NRS 624.220 is hereby amended to read as follows:

    624.220  1.  The board shall adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as defined by NRS 624.215 and the regulations of the board.

    2.  The board shall limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor’s license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit must be determined after consideration of the factors set forth in NRS 624.260, 624.263 and 624.265 [and any other factors that the board determines are necessary to assess or project the future solvency of the contractor.] and section 9 of this act.


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ê1999 Statutes of Nevada, Page 2957 (Chapter 565, AB 634)ê

 

    3.  A licensed contractor may request that the board increase the monetary limit on his license, either on a permanent basis or for a single construction project. A request submitted to the board pursuant to this subsection must be in writing on a form prescribed by the board and accompanied by such supporting documentation as the board may require. If a request submitted pursuant to this section is for a single construction project, the request must be submitted to the board at least 2 working days before the date on which the licensed contractor intends to submit his bid for the project.

    4.  Nothing contained in this section prohibits a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

    Sec. 20.  NRS 624.230 is hereby amended to read as follows:

    624.230  1.  It is unlawful for any person or combination of persons to:

    (a) Engage in the business or act in the capacity of a contractor within this state; or

    (b) Submit a bid on a job situated within this state,

without having [a] an active license therefor as provided in this chapter, unless that person or combination of persons is exempted from licensure [as provided in this chapter.] pursuant to NRS 624.330.

    2.  The district attorneys in this state shall prosecute all violations of this section which occur in their respective counties, unless the violations are prosecuted by the attorney general. Upon the request of the board, the attorney general shall prosecute any violation of this section in lieu of prosecution by the district attorney.

    3.  In addition to any other penalty imposed pursuant to this chapter, a person who is convicted of violating subsection 1 may be required to pay:

    (a) Court costs and the costs of prosecution;

    (b) Reasonable costs of the investigation of the violation to the board;

    (c) Damages he caused as a result of the violation up to the amount of his pecuniary gain from the violation; or

    (d) Any combination of paragraphs (a), (b) and (c).

    4.  [Any bid submitted by a person who is neither licensed nor exempted from licensure as provided in this chapter at the time the bid is submitted is void.] If a person submits a bid or enters into a contract in violation of subsection 1, the bid or contract shall be deemed void ab initio.

    Sec. 21.  NRS 624.250 is hereby amended to read as follows:

    624.250  1.  To obtain or renew a license, an applicant must submit to the board an application in writing containing [the] :

    (a) The statement that the applicant desires the issuance of a license under the terms of this chapter.

    (b) The street address or other physical location of the applicant’s place of business.

    (c) The name of a person physically located in this state for service of process on the applicant.

    (d) The street address or other physical location in this state and, if different, the mailing address, for service of process on the applicant.


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ê1999 Statutes of Nevada, Page 2958 (Chapter 565, AB 634)ê

 

    (e) The names and physical and mailing addresses of any owners, partners, officers, directors, members and managerial personnel of the applicant.

    (f) Any information requested by the board to ascertain the background, financial responsibility, experience, knowledge and qualifications of the applicant.

    2.  The application must be:

    (a) Made on a form prescribed by the board in accordance with the rules and regulations adopted by the board.

    (b) Accompanied by the fee fixed by this chapter.

    3.  If the applicant is a natural person, the application must include the social security number of the applicant.

    Sec. 22.  (Deleted by amendment.)

    Sec. 23.  NRS 624.263 is hereby amended to read as follows:

    624.263  1.  [For the purposes of this chapter, financial responsibility means a past and present business record of solvency. If the applicant or contractor is a corporation, its] The financial responsibility of a licensee or an applicant for a contractor’s license must be established independently of and without reliance on [the assets of its officers, directors or stockholders,] any assets or guarantees of any owners or managing officers of the licensee or applicant, but the financial responsibility of [its officers and directors] any owners or managing officers of the licensee or applicant may be inquired into and considered as a criterion in determining the [corporation’s financial responsibility.] financial responsibility of the licensee or applicant.

    2.  The financial responsibility of an applicant for a contractor’s license or of a licensed contractor must be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:

    (a) Net worth.

    (b) Amount of liquid assets.

    (c) Prior payment and credit records.

    (d) Previous business experience.

    (e) Prior and pending lawsuits.

    (f) Prior and pending liens.

    (g) Adverse judgments.

    (h) Conviction of a felony or crime involving moral turpitude.

    (i) Prior suspension or revocation of a contractor’s license in Nevada or elsewhere.

    (j) An adjudication of bankruptcy or any other proceeding under the federal bankruptcy laws, including:

         (1) A composition, arrangement or reorganization proceeding;

         (2) The appointment of a receiver of the property of the applicant or contractor or any officer, director, associate or partner thereof under the laws of this state or the United States; or

         (3) The making of an assignment for the benefit of creditors.

    (k) Form of business organization (corporate or otherwise).

    (l) Information obtained from confidential financial references and credit reports.


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ê1999 Statutes of Nevada, Page 2959 (Chapter 565, AB 634)ê

 

    (m) Reputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.

    3.  A licensed contractor shall, as soon as it is reasonably practicable, notify the board in writing upon the filing of a petition or application relating to the contractor that initiates any proceeding, appointment or assignment set forth in paragraph (j) of subsection 2. The written notice must be accompanied by:

    (a) A copy of the petition or application filed with the court; and

    (b) A copy of any order of the court which is relevant to the financial responsibility of the contractor, including any order appointing a trustee, receiver or assignee.

    4.  Before issuing a license to an applicant who will engage in residential construction or renewing the license of a contractor who engages in residential construction, the board shall require the applicant or licensee to establish his financial responsibility by submitting to the board:

    (a) A financial statement prepared by a certified public accountant who is licensed pursuant to the provisions of chapter 628 of NRS; and

    (b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the board. The statement submitted pursuant to this paragraph must be provided on a form approved by the board.

    5.  In addition to the requirements set forth in subsection 4, the board may require a licensee to establish his financial responsibility at any time.

    6.  An applicant for an initial contractor’s license or a licensee applying for the renewal of a contractor’s license has the burden of demonstrating his financial responsibility to the board.

    Sec. 24.  NRS 624.265 is hereby amended to read as follows:

    624.265  1.  An applicant for a contractor’s license or a licensed contractor and each officer, director, partner and associate thereof must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, or any officer, director, partner or associate thereof, has:

    [1.] (a) Committed any act which would be grounds for the denial, suspension or revocation of a contractor’s license;

    [2.] (b) A bad reputation for honesty and integrity;

    [3.] (c) Entered a plea of nolo contendere, guilty or guilty but mentally ill to, been found guilty of or been convicted of a [misdemeanor, felony or crime involving moral turpitude] crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or

    [4.] (d) Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.

    2.  Upon the request of the board, an applicant for a contractor’s license, and any officer, director, partner or associate of the applicant, must submit to the board completed fingerprint cards and a form authorizing an investigation of the applicant’s background and the submission of his fingerprints to the central repository for Nevada records of criminal history and the Federal Bureau of Investigation.


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ê1999 Statutes of Nevada, Page 2960 (Chapter 565, AB 634)ê

 

authorizing an investigation of the applicant’s background and the submission of his fingerprints to the central repository for Nevada records of criminal history and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those that are provided to the applicant by the board. The applicant’s fingerprints may be taken by an agent of the board or an agency of law enforcement.

    3.  The board shall keep the results of the investigation confidential and not subject to inspection by the general public.

    4.  The board shall establish by regulation the fee for processing the fingerprints to be paid by the applicant. The fee must not exceed the sum of the amounts charged by the central repository for Nevada records of criminal history and the Federal Bureau of Investigation for processing the fingerprints.

    5.  The board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

    (a) Arrests;

    (b) Guilty pleas;

    (c) Sentencing;

    (d) Probation;

    (e) Parole;

    (f) Bail;

    (g) Complaints; and

    (h) Final dispositions,

for the investigation of a licensee or an applicant for a contractor’s license.

    Sec. 25.  NRS 624.273 is hereby amended to read as follows:

    624.273  1.  Each bond or deposit required by NRS 624.270 must be in favor of the State of Nevada for the benefit of any person who:

    (a) As owner of the property to be improved entered into a construction contract with the contractor and is damaged by failure of the contractor to perform the contract or to remove liens filed against the property;

    (b) As an employee of the contractor performed labor on or about the site of the construction covered by the contract;

    (c) As a supplier or materialman furnished materials or equipment for the construction covered by the contract; or

    (d) Is injured by any unlawful act or omission of the contractor in the performance of a contract.

    2.  Any person claiming against the bond or deposit may bring an action in a court of competent jurisdiction on the bond or against the board on the deposit for the amount of damage he has suffered to the extent covered by the bond or deposit. No action may be commenced on the bond or deposit 2 years after the commission of the act on which the action is based. If an action is commenced on the bond, the surety that executed the bond shall notify the board of the action within 30 days after the date that:

    (a) The surety is served with a complaint and summons; or

    (b) The action is commenced,

whichever occurs first.

    3.  Upon receiving a request from a person for whose benefit a bond or deposit is required, the board shall notify him that:


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ê1999 Statutes of Nevada, Page 2961 (Chapter 565, AB 634)ê

 

    (a) A bond is in effect or that a deposit has been made, and the amount of either;

    (b) There is an action against a bond, if that is the case, and the court, the title and number of the action and the amount sought by the plaintiff; and

    (c) There is an action against the board, if that is the case, and the amount sought by the plaintiff.

    4.  If a surety, or in the case of a deposit, the board, desires to make payment without awaiting court action, the amount of the bond or deposit must be reduced to the extent of any payment made by the surety or the board in good faith under the bond or deposit. Any payment must be based on written claims received by the surety or board before the court action.

    5.  The surety or the board may bring an action for interpleader against all claimants upon the bond or deposit. If an action for interpleader is commenced, the surety or the board must serve each known claimant and publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county where the contractor has his principal place of business. The surety is entitled to deduct its costs of the action, including publication, from its liability under the bond. The board is entitled to deduct its costs of the action, including attorney’s fees and publication, from the deposit.

    6.  A claim of any employee of the contractor for labor is a preferred claim against a bond or deposit. If any bond or deposit is insufficient to pay all claims for labor in full, the sum recovered must be distributed among all claimants for labor in proportion to the amounts of their respective claims. Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.

    7.  Claims, other than claims for labor, against a bond or deposit have equal priority, except where otherwise provided by law, and if the bond or deposit is insufficient to pay all of those claims in full, they must be paid pro rata. Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.

    8.  The board may not claim against the bond or deposit required pursuant to NRS 624.270 for the payment of an administrative fine imposed for a violation of the provisions of this chapter.

    Sec. 25.5.  (Deleted by amendment.)

    Sec. 26.  NRS 624.283 is hereby amended to read as follows:

    624.283  1.  Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

    2.  A license may be renewed by submitting to the board:

    (a) An application for renewal;

    (b) The statement required pursuant to NRS 624.268 if the holder of the license is a natural person; and

    (c) The fee for renewal fixed by the board.

    3.  The board may require [the] a licensee to [submit] demonstrate his financial responsibility at any time [a] through the submission of:


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ê1999 Statutes of Nevada, Page 2962 (Chapter 565, AB 634)ê

 

    (a) A financial statement that is prepared by [a] an independent certified public accountant [, if the board believes that:

    (a) The licensee did not pay an undisputed debt;

    (b) The licensee has violated or may be violating a provision of chapter 624 of NRS or a regulation adopted pursuant thereto; or

    (c) The licensee’s financial responsibility may be impaired.] ; and

    (b) If the licensee performs residential construction, such additional documentation as the board deems appropriate.

    4.  If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the board shall require him to provide a current financial statement prepared by [a] an independent certified public accountant or establish other conditions for reinstatement. If the licensee is a natural person, his application for renewal must be accompanied by the statement required pursuant to NRS 624.268. A license which is not reinstated within 6 months after it is automatically suspended may be canceled by the board, and a new license may be issued only upon application for an original contractor’s license.

    Sec. 27.  NRS 624.295 is hereby amended to read as follows:

    624.295  If a member of the board becomes aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a contractor in this state, the member of the board may inform the executive [director] officer of the board of the allegations. The executive [director,] officer, upon receiving such information shall take such actions as he deems appropriate under the circumstances.

    Sec. 28.  NRS 624.300 is hereby amended to read as follows:

    624.300  1.  Except as otherwise provided in subsection [6,] 3, the board may:

    (a) Suspend or revoke licenses already issued;

    (b) Refuse renewals of licenses;

    (c) Impose limits on the field, scope and monetary limit of the license;

    (d) Impose an administrative fine of not more than $10,000;

    (e) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost [;] , that may consist of requiring the licensee to:

         (1) Perform the corrective work himself;

         (2) Hire and pay another licensee to perform the corrective work; or

         (3) Pay to the owner of the construction project a specified sum to correct the condition; or

    (f) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for disciplinary action.


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ê1999 Statutes of Nevada, Page 2963 (Chapter 565, AB 634)ê

 

    2.  If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.

    3.  If a licensee violates the provisions of NRS 624.3014 or subsection 3 of NRS 624.3015, the board may impose an administrative fine of not more than $20,000.

    4.  If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.

    [4.] 5.  If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.

    [5.] 6.  The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

    [6.  Except as otherwise provided in section 3 of Senate Bill No. 32 of this session, the board shall not take any disciplinary action pursuant to this section regarding a constructional defect, as that term is defined in NRS 40.615, during the period in which any claim arising out of that defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the disciplinary action is necessary to protect the public health or safety.]

    7.  If discipline is imposed pursuant to this section, including any discipline imposed pursuant to a stipulated settlement, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

    Sec. 29.  NRS 624.301 is hereby amended to read as follows:

    624.301  The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

    1.  Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the licensee as a contractor.

    2.  Abandonment of a construction project when the percentage of the project completed is less than the percentage of the total price of the contract paid to the contractor at the time of abandonment, unless the contractor is entitled to retain the amount paid pursuant to the terms of the contract or the contractor refunds the excessive amount paid within 30 days after the abandonment of the project.

    3.  Failure in a material respect on the part of a licensee to complete any construction project or operation for the price stated in the contract for the project or operation or any modification of the contract.


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ê1999 Statutes of Nevada, Page 2964 (Chapter 565, AB 634)ê

 

    [3.] 4.  Willful failure or refusal without legal excuse on the part of a licensee as a contractor to prosecute a construction project or operation with reasonable diligence, thereby causing material injury to another.

    [4.] 5.  Willful failure or refusal without legal excuse on the part of a licensee to comply with the terms of a construction contract or written warranty, thereby causing material injury to another.

    Sec. 30.  NRS 624.3011 is hereby amended to read as follows:

    624.3011  1.  The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

    (a) Willful and prejudicial departure from or disregard of plans or specifications in any material respect without the consent of the owner or his authorized representative and the person entitled to have the particular construction project or operation completed in accordance with the plans and specifications.

    (b) [Failure to respond to a claim arising out of a constructional defect, as that term is defined in NRS 40.615.

    (c)] Willful or deliberate disregard and violation of:

         (1) The building laws of the state or of any political subdivision thereof.

         (2) The safety laws or labor laws of the state.

         (3) Any provision of the Nevada health and safety laws or the regulations adopted thereunder relating to the digging, boring or drilling of water wells.

         (4) The laws of this state regarding industrial insurance.

    2.  If a contractor performs construction without obtaining any necessary building permit, there is a rebuttable presumption that the contractor willfully and deliberately violated the building laws of this state or of its political subdivisions. [The board shall not require the contractor to obtain that permit more than 90 days after the construction is completed.]

    Sec. 31.  NRS 624.3012 is hereby amended to read as follows:

    624.3012  The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

    1.  Diversion of [funds] money or property received for the completion of a specific construction project or operation or for a specified purpose in the completion of any construction project or operation to any other construction project or operation, obligation or purpose.

    2.  Willful or deliberate failure by any licensee or agent or officer thereof to pay any [moneys] money when due for any materials or services rendered in connection with his operations as a contractor, when he has the capacity to pay or when he has received sufficient [funds] money therefor as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased, or the false denial of any such amount due or the validity of the claim thereof with intent to secure a discount upon such indebtedness or with intent to injure, delay or defraud the person to whom such indebtedness is due.

    3.  Failure to obtain the discharge or release of any lien recorded against the property to be improved by a construction project for the price of any materials or services rendered to the project by order of the contractor, when the contractor has received sufficient money therefor as payment for the project, within 75 days after the recording of the lien.


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ê1999 Statutes of Nevada, Page 2965 (Chapter 565, AB 634)ê

 

    Sec. 32.  NRS 624.3013 is hereby amended to read as follows:

    624.3013  The following acts, among others, constitute cause for disciplinary action pursuant to NRS 624.300:

    1.  Failure to keep records showing all contracts, documents, receipts and disbursements by a licensee of all of his transactions as a contractor and to keep them open for inspection by the board or executive officer for a period of not less than 3 years after the completion of any construction project or operation to which the records refer.

    2.  Misrepresentation of a material fact by an applicant or licensee [in obtaining a license, or] in connection with any information or evidence furnished the board in connection with official matters of the board.

    3.  Failure to establish financial responsibility pursuant to NRS 624.220, 624.260, 624.263 and 624.265 and section 9 of this act at the time of renewal of the license or at any other time when required by the board.

    4.  Failure to keep in force the bond or cash deposit pursuant to NRS 624.270 for the full period required by the board.

    5.  Failure in any material respect to comply with the provisions of this chapter or the regulations of the board.

    Sec. 33.  NRS 624.3016 is hereby amended to read as follows:

    624.3016  The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:

    1.  Any fraudulent or deceitful act committed in the capacity of a contractor . [whereby substantial injury is sustained by another.]

    2.  A conviction of a violation of section 12 of this act or a felony or a crime involving moral turpitude.

    3.  Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.

    4.  Failure to give a notice required by NRS 108.245 or 108.246.

    5.  Failure to comply with NRS 597.713, 597.716 or 597.719 [.] or any regulations of the board governing contracts for the construction of residential pools and spas.

    6.  Failure to comply with NRS 624.321.

    7.  Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.

    Sec. 34.  NRS 624.307 is hereby amended to read as follows:

    624.307  1.  It is unlawful for any person, including a person exempt under NRS 624.330, to advertise as a contractor unless he has a valid license in the appropriate classification established by NRS 624.215 and 624.220.

    2.  As used in this section, “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 , on the Internet 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 name of his company and the number of his license.


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ê1999 Statutes of Nevada, Page 2966 (Chapter 565, AB 634)ê

 

    Sec. 35.  NRS 624.360 is hereby amended to read as follows:

    624.360  1.  [Any person violating any of the provisions of this chapter:] It is unlawful for a person to commit any act or omission described in subsection 2 of NRS 624.3013, NRS 624.3014 or subsection 1, 3 or 7 of NRS 624.3016.

    2.  Any person who violates subsection 1, subsection 1 of NRS 624.230 or NRS 624.290, 624.305 or 624.307:

    (a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not [less than $500 nor] more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months . [; or]

    (b) For the second [or subsequent] offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than [$1,000] $2,000 nor more than [$2,000,] $4,000, and may be further punished by imprisonment in the county jail for not more than 1 year.

    (c) For the third or subsequent offense, is guilty of a class E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000 and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

    [2.] 3.  Imposition of [the] a penalty provided for in this section is not precluded by any disciplinary action taken by the board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive [.] , and section 10 of this act.

    Sec. 36.  NRS 171.17751 is hereby amended to read as follows:

    171.17751  1.  Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers, traffic engineers, and marshals and park rangers of units of specialized law enforcement established pursuant to NRS 280.125, to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.

    2.  The state health officer and the health officer of each county, district and city may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.

    3.  The chief of the manufactured housing division of the department of business and industry may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.

    4.  The state contractors’ board may designate certain of its employees to prepare, sign and serve written citations on persons [accused of violating NRS 624.230.] pursuant to subsection 2 of NRS 624.115.

    5.  An employee designated pursuant to this section:

    (a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;


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ê1999 Statutes of Nevada, Page 2967 (Chapter 565, AB 634)ê

 

    (b) May, if he is employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and

    (c) Shall comply with the provisions of NRS 171.1773.

    Sec. 37.  NRS 278.610 is hereby amended to read as follows:

    278.610  1.  Except as otherwise provided in subsection 3, 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 to all building code and zoning regulations then in effect.

    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.] chapter 624 of NRS.

    Sec. 38.  NRS 289.300 is hereby amended to read as follows:

    289.300  1.  A person employed as an investigator by the private investigator’s licensing board pursuant to NRS 648.025 has the powers of a peace officer.

    2.  A person employed as a criminal investigator by the state contractors’ board pursuant to section 2 of this act has the powers of a peace officer to carry out his duties pursuant to subsection 2 of NRS 624.115, for the limited purpose of obtaining and exchanging information on persons who hold a contractor’s license or are applying for a contractor’s license.

    Sec. 39.  Sections 18, 19 and 20 of Assembly Bill No. 636 of this session are hereby amended to read as follows:

     Sec. 18.  NRS 624.283 is hereby amended to read as follows:

     624.283  1.  Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

     2.  A license may be renewed by submitting to the board:

     (a) An application for renewal;

     (b) The statement required pursuant to NRS 624.268 if the holder of the license is a natural person; [and]

     (c) The fee for renewal fixed by the board [.] ; and

     (d) Any assessment required pursuant to section 9 of this act if the holder of the license is a residential contractor as defined in section 7 of this act.


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ê1999 Statutes of Nevada, Page 2968 (Chapter 565, AB 634)ê

 

     3.  The board may require a licensee to demonstrate his financial responsibility at any time through the submission of:

     (a) A financial statement that is prepared by an independent certified public accountant; and

     (b) If the licensee performs residential construction, such additional documentation as the board deems appropriate.

     4.  If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the board shall require him to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. If the licensee is a natural person, his application for renewal must be accompanied by the statement required pursuant to NRS 624.268. A license which is not reinstated within 6 months after it is automatically suspended may be canceled by the board, and a new license may be issued only upon application for an original contractor’s license.

     Sec. 19.  NRS 624.300 is hereby amended to read as follows:

     624.300  1.  Except as otherwise provided in subsection 3, the board may:

     (a) Suspend or revoke licenses already issued;

     (b) Refuse renewals of licenses;

     (c) Impose limits on the field, scope and monetary limit of the license;

     (d) Impose an administrative fine of not more than $10,000;

     (e) Order a licensee to repay to the account established pursuant to section 9 of this act, any amount paid out of the account pursuant to section 13 of this act as a result of an act or omission of that licensee;

     (f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost, that may consist of requiring the licensee to:

         (1) Perform the corrective work himself;

         (2) Hire and pay another licensee to perform the corrective work; or

         (3) Pay to the owner of the construction project a specified sum to correct the condition; or

     [(f)] (g) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for disciplinary action.

     2.  If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.


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ê1999 Statutes of Nevada, Page 2969 (Chapter 565, AB 634)ê

 

that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.

     3.  If a licensee violates the provisions of NRS 624.3014 or subsection 3 of NRS 624.3015, the board may impose an administrative fine of not more than $20,000.

     4.  If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.

     5.  If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.

     6.  The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

     7.  If discipline is imposed pursuant to this section, including any discipline imposed pursuant to a stipulated settlement, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

     Sec. 20.  NRS 624.3016 is hereby amended to read as follows:

     624.3016  The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:

     1.  Any fraudulent or deceitful act committed in the capacity of a contractor.

     2.  A conviction of a violation of section 12 of Assembly Bill No. 634 of this [act] session or a felony or a crime involving moral turpitude.

     3.  Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.

     4.  Failure to give a notice required by NRS 108.245 or 108.246.

     5.  Failure to comply with NRS 597.713, 597.716 or 597.719 or any regulations of the board governing contracts for the construction of residential pools and spas.

     6.  Failure to comply with NRS 624.321.

     7.  Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.

     8.  Failure to pay an assessment required pursuant to section 9 of this act.


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ê1999 Statutes of Nevada, Page 2970 (Chapter 565, AB 634)ê

 

    Sec. 40.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

    Sec. 41.  This act becomes effective at 12:01 a.m. on October 1, 1999.

________

 

CHAPTER 566, AB 663

Assembly Bill No. 663–Committee on Ways and Means

 

CHAPTER 566

 

AN ACT relating to state financial administration; authorizing the issuance of general obligation bonds to pay a portion of the costs of establishing a certain tricounty railway; revising the provision governing the reversion of the appropriation made during the 68th session of the Nevada Legislature to the Tricounty Railway Commission of Carson City, Lyon and Storey counties; and providing other matters properly relating thereto.

 

[Approved June 9, 1999]

 

    Whereas, In reliance on Assembly Bill No. 113 of the 1995 legislative session, the Tricounty Railway Commission of Carson City and Lyon and Storey counties has been working diligently to obtain the required $15 million from public and private sources to support the establishment of a railroad line similar to the former Virginia & Truckee Railroad from Virginia City through the Gold Hill area to Carson City; and

    Whereas, This historic reconstruction has wide public support and will benefit the entire Western Nevada region; and

    Whereas, It is important that the State of Nevada honor its 1995 commitment to contribute one-fourth of the costs of this project contingent upon the success of the local effort to raise the remainder; and

    Whereas, If current financial conditions require the withdrawal of the 1995 appropriation, then the State of Nevada must find an alternative method to keep its commitment to this economic development project; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  Except as otherwise provided in subsection 3, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $5,000,000. The proceeds of the bonds must be allocated for the establishment of a railroad line similar to the former Virginia & Truckee Railroad from Virginia City through the Gold Hill area to Carson City, including, without limitation:

    (a) Acquisition of the right of way necessary for the railway and any appurtenances thereto;

    (b) Construction of the track, including any necessary preparation of the underlying surface; and

    (c) Purchase or other acquisition of any associated equipment.

    2.  The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold.


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ê1999 Statutes of Nevada, Page 2971 (Chapter 566, AB 663)ê

 

    3.  The State Board of Finance shall not issue the general obligation bonds pursuant to subsection 1 unless on or before July 1, 2003:

    (a) The Tricounty Railway Commission has received commitments for at least $15,000,000 from other public or private sources, or both, for the establishment of the railroad line.

    (b) The Tricounty Railway Commission has entered into a written agreement with the State Board of Examiners to repay the amount of these bonds by transferring to the State Treasurer at least 6 percent of the price charged or $1 per ticket sold, whichever is greater, per person to ride upon the railroad line once it is completed until $5,000,000 has been repaid to the State Treasurer. The agreement must set forth the terms of repayment.

    (c) The State Board of Examiners has received a first security interest in favor of the State of Nevada upon the railroad track, the right of way acquired and all equipment and other assets of the Tricounty Railway Commission to the extent necessary, as determined by the State Board of Examiners, to secure the repayment of the $5,000,000.

    4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

    Sec. 2.  Section 2 of chapter 676, Statutes of Nevada 1995, at page 2589, is hereby amended to read as follows:

   Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after [the project is completed,] April 1, 1999, and reverts to the state general fund as soon as all payments of money have been made.

    Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 567, AB 683

Assembly Bill No. 683–Committee on Ways and Means

 

CHAPTER 567

 

AN ACT relating to recreation; revising the particular purposes and extending the periods for the expenditure of certain money previously appropriated to the division of state parks of the state department of conservation and natural resources for park improvement projects; authorizing the state board of finance to issue general obligation bonds for certain purposes; authorizing the division of wildlife of the state department of conservation and natural resources to expend the proceeds of such bonds for those purposes; 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 2 of chapter 201, Statutes of Nevada 1995, at page 339, is hereby amended to read as follows:

     Sec. 2.  There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources:

     1.  The sum of $1,000,000 for the payment of expenses related to structural and other improvements to park facilities throughout the state. The money must be used as follows:


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ê1999 Statutes of Nevada, Page 2972 (Chapter 567, AB 683)ê

 

     (a) Washoe Lake State Park, Valley of Fire State Park or other parks or recreation areas, $130,000.

     (b) Lake Tahoe Nevada State Park, $97,740.

     (c) Spring Valley State Park, Valley of Fire State Park or other parks or recreation areas, $302,600.

     (d) Cathedral Gorge State Park, Valley of Fire State Park or other parks or recreation areas, $30,310.

     (e) Spring Mountain Ranch State Park, $281,850.

     (f) Valley of Fire State Park, $135,000.

     (g) Fort Churchill State Park, $22,500.

     2.  The sum of $474,270 for new and replacement equipment for state parks.

     3.  The sum of $261,469 for equipment for new park facilities at the Big Bend of the Colorado State Park, the visitor center for state parks in Lincoln and White Pine counties and maintenance operations at South Fork State Recreation Area.

    Sec. 2.  Section 3 of chapter 201, Statutes of Nevada 1995, as amended by section 5 of chapter 536, Statutes of Nevada 1997, at page 2532, is hereby amended to read as follows:

     Sec. 3.  The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the division of state parks of the state department of conservation and natural resources for the purposes set forth:

     1.  In paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of section 2 of [this act] chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 1996-97; [and]

     2.  In paragraphs [(a), (c), (d),] (f) and (g) of subsection 1 of section 2 of [this act] chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 1998-99 [.] ; and

     3.  In paragraphs (a), (c) and (d) of subsection 1 of section 2 of chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 2000-01.

    Sec. 3.  Section 5 of chapter 201, Statutes of Nevada 1995, as amended by section 6 of chapter 536, Statutes of Nevada 1997, at page 2532, is hereby amended to read as follows:

     Sec. 5.  Any remaining balance of the appropriations made by section 2 of [this act:] chapter 201, Statutes of Nevada 1995:

     1.  For use as provided in paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of that section, must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

     2.  For use as provided in paragraphs [(a), (c), (d),] (f) and (g) of subsection 1 of that section, must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.


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ê1999 Statutes of Nevada, Page 2973 (Chapter 567, AB 683)ê

 

     3.  For use as provided in paragraphs (a), (c) and (d) of subsection 1 of that section, 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. 4.  Section 1 of chapter 536, Statutes of Nevada 1997, at page 2531, is hereby amended to read as follows:

     Section 1.  There is hereby appropriated from the state general fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $1,566,393 for park improvement projects. The money must be used as follows:

     1.  Fort Churchill State Historic Park, $30,000.

     2.  Lake Tahoe Nevada State Park, Valley of Fire State Park or other parks or recreation areas, $295,603.

     3.  Spring Valley State Park, $258,338.

     4.  Big Bend State Recreation Area, $192,191.

     5.  Valley of Fire State Park, $49,096.

     6.  Rye Patch State Recreation Area [,] or Ward Charcoal Ovens State Historic Park, $415,308.

     7.  Lahontan State Recreation Area, $40,250.

     8.  Floyd Lamb State Park, Valley of Fire State Park or other parks or recreation areas, $35,607.

     9.  To prepare a preliminary master plan to provide direction for the development and operation of a historic park in Las Vegas, $250,000.

    Sec. 5.  Section 2 of chapter 536, Statutes of Nevada 1997, at page 2531, is hereby amended to read as follows:

     Sec. 2.  The State Controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the Division of State Parks of the State Department of Conservation and Natural Resources for the purposes set forth [in] :

     1.  In subsections 4, 5, 7 and 9 of section 1 of [this act] chapter 536, Statutes of Nevada 1997, until the last Friday in August immediately following the end of the fiscal year 1998-1999 [.] ; and

     2.  In subsections 1, 2, 3, 6 and 8 of section 1 of chapter 536, Statutes of Nevada 1997, until the last Friday in August immediately following the end of the fiscal year 2000-01.

    Sec. 6.  Section 4 of chapter 536, Statutes of Nevada 1997, at page 2531, is hereby amended to read as follows:

     Sec. 4.  Any remaining balance of the appropriation made by section 1 of [this act] chapter 536, Statutes of Nevada 1997:

     1.  For use as provided in subsections 4, 5, 7 and 9 of that section must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

     2.  For use as provided in subsections 1, 2, 3, 6 and 8 of that section 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.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2974 (Chapter 567, AB 683)ê

 

    Sec. 7.  Section 38 of chapter 655, Statutes of Nevada 1997, at page 3257, is hereby amended to read as follows:

     Sec. 38.  1.  There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources the sum of $800,000 for improvements at Mormon Fort State Park.

     2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [1999,] 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 8.  The state board of finance may issue general obligation bonds of the State of Nevada in the face amount of not more than $1,535,026 pursuant to the State Securities Law. The bonds issued pursuant to this section were previously authorized by chapter 785, Statutes of Nevada 1989, at page 1864, and were approved by the voters as question 5 in the general election of 1990. The division of wildlife of the state department of conservation and natural resources may expend the proceeds of the bonds exclusively for the purposes provided in subsection 2 of section 2 of chapter 785, Statutes of Nevada 1989, at page 1864.

    Sec. 9.  This act becomes effective upon passage and approval.

________

 

CHAPTER 568, AB 684

Assembly Bill No. 684–Committee on Ways and Means

 

CHAPTER 568

 

AN ACT relating to the commission for the preservation of wild horses; authorizing the commission to spend a portion of the money in the Heil trust fund for wild horses to conduct a study of the feasibility of establishing a private foundation for the promotion of the public adoption of wild horses and burros; 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 commission for the preservation of wild horses is hereby authorized to spend no more than $75,000 in the Heil trust fund for wild horses created pursuant to NRS 504.450 to conduct a study of the feasibility of establishing a private foundation to promote the adoption of wild horses and burros by members of the general public.

    2.  The commission for the preservation of wild horses shall submit a written report of the results of the study to the Director of the Legislative Counsel Bureau for transmission to the 71st session of the Nevada Legislature.

    Sec. 2.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2975ê

 

CHAPTER 569, AB 688

Assembly Bill No. 688–Committee on Judiciary

 

CHAPTER 569

 

AN ACT relating to domestic relations; amending Assembly Bill No. 456 of the 1999 Legislative Session to revise to requirements for determining custody and rights to visitation of a parent who is convicted of first degree murder of the other parent of the child; 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.  Sections 2 and 5 of Assembly Bill No. 456 of this session are hereby amended to read as follows:

   Sec. 2.  1.  The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that sole or joint custody of the child by the convicted parent is not in the best interest of the child. The rebuttable presumption may be overcome only if:

   (a) The court determines that:

                   (1) There is no other suitable guardian for the child;

                   (2) The convicted parent is a suitable guardian for the child; and

                   (3) The health, safety and welfare of the child are not at risk; or

   (b) The child is of suitable age to signify his assent and assents to the order of the court awarding sole or joint custody of the child to the convicted parent.

   2.  The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that rights to visitation with the child are not in the best interest of the child and must not be granted if custody is not granted pursuant to subsection 1. The rebuttable presumption may be overcome only if:

   (a) The court determines that:

                   (1) The health, safety and welfare of the child are not at risk; and

                   (2) It will be beneficial for the child to have visitations with the convicted parent; or

   (b) The child is of suitable age to signify his assent and assents to the order of the court awarding rights to visitation with the child to the convicted parent.

   3.  Until the court makes a determination pursuant to this section, no person may bring the child into the presence of the convicted parent without the consent of the legal guardian or custodian of the child.

   Sec. 5.  1.  The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that sole or joint custody of the child by the convicted parent is not in the best interest of the child.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2976 (Chapter 569, AB 688)ê

 

convicted parent is not in the best interest of the child. The rebuttable presumption may be overcome only if:

   (a) The court determines that:

                   (1) There is no other suitable guardian for the child;

                   (2) The convicted parent is a suitable guardian for the child; and

                   (3) The health, safety and welfare of the child are not at risk; or

   (b) The child is of suitable age to signify his assent and assents to the order of the court awarding sole or joint custody of the child to the convicted parent.

   2.  The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that rights to visitation with the child are not in the best interest of the child and must not be granted if custody is not granted pursuant to subsection 1. The rebuttable presumption may be overcome only if:

   (a) The court determines that:

                   (1) The health, safety and welfare of the child are not at risk; and

                   (2) It will be beneficial for the child to have visitations with the convicted parent; or

   (b) The child is of suitable age to signify his assent and assents to the order of the court awarding rights to visitation with the child to the convicted parent.

   3.  Until the court makes a determination pursuant to this section, no person may bring the child into the presence of the convicted parent without the consent of the legal guardian or custodian of the child.

    Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 570, AB 691

Assembly Bill No. 691–Committee on Ways and Means

 

CHAPTER 570

 

AN ACT relating to prisons; authorizing travel expenses for certain persons employed at the Men’s Prison No. 7; increasing the amount authorized for travel expenses; making appropriations; 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 209.183 is hereby amended to read as follows:

    209.183  In addition to his regular salary, each person employed by the department of prisons or the division of forestry of the state department of conservation and natural resources at the Southern Nevada Correctional Center, the Southern Desert Correctional Center, the Indian Springs Conservation Camp, the correctional institution identified as the Men’s Prison No.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2977 (Chapter 570, AB 691)ê

 

Prison No. 7 in chapter 656, Statutes of Nevada 1995, and chapter 478, Statutes of Nevada 1997, or the [proposed] Jean Conservation Camp is entitled to receive, as compensation for travel expenses, not more than [$6] $7.50 for each day he reports to work if his residence is more than 25 miles from the respective facility. The total cost for compensation for travel expenses authorized by this section must not exceed the amount specially appropriated for this purpose.

    Sec. 2.  1.  There is hereby appropriated from the state general fund to the department of prisons:

For the fiscal year 1999-2000............................................................................................................................... $156,354

For the fiscal year 2000-2001............................................................................................................................... $224,718

    2.  The money appropriated by subsection 1 must be allocated as follows:

 

                                                                                                                   1999-2000                                            2000-2001

Prison medical care.................................................................................... $29,568                                                 $34,342

Director’s office............................................................................................ $2,746                                                   $3,308

Southern Nevada Correctional Center................................................... $44,255                                                   $7,888

Indian Springs Conservation Camp.......................................................... $7,037                                                   $7,037

Southern Desert Correctional Center...................................................... $68,709                                                 $67,550

Jean Conservation Camp........................................................................... $4,039                                                   $4,039

Men’s Prison No. 7 (Cold Creek State Prison)................................................. -0-                                               $100,554

    Sec. 3.  There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources:

For the fiscal year 1999-2000.................................................................................................................................... $5,745

For the fiscal year 2000-2001.................................................................................................................................... $5,713

    Sec. 4.  Any balance of the sums appropriated by sections 2 and 3 of this act 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. 5.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 571, AB 697

Assembly Bill No. 697–Committee on Ways and Means

 

CHAPTER 571

 

AN ACT relating to making appropriations from the state general fund and the state highway fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1999, and ending June 30, 2000, and beginning July 1, 2000, and ending June 30, 2001; providing for the use of the money so appropriated; 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.  The following sums are hereby appropriated from the state general fund for the purposes expressed in sections 2 to 28, inclusive, of this act and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1999, and ending June 30, 2000, and beginning July 1, 2000, and ending June 30, 2001.

 


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ê1999 Statutes of Nevada, Page 2978 (Chapter 571, AB 697)ê

 

years beginning July 1, 1999, and ending June 30, 2000, and beginning July 1, 2000, and ending June 30, 2001.

 

                                                                                                                            1999-2000                                            2000-2001

    Sec. 2.  The Office and Mansion of the Governor.

For the support of the:

Office of the Governor.................................................................... $1,799,047                                           $1,811,513

Governor’s Mansion........................................................................... $260,839                                               $306,837

Agency for Nuclear Projects........................................................... $1,106,950                                           $1,070,627

    Sec. 3.  The Office of Lieutenant Governor.

For the support of the Office of the Lieutenant Governor............... $453,455                                               $446,966

    Sec. 4.  The Office of Attorney General.

For the support of the:

Office of the Attorney General...................................................... $8,903,858                                           $8,441,422

Special Litigation Account................................................................... $84,845                                                 $84,845

Medicaid Fraud Unit............................................................................. $30,995                                                 $31,016

Crime Prevention Program................................................................. $237,208                                               $239,339

Office of the Extradition Coordinator............................................. $587,360                                               $580,853

Consumer Advocate........................................................................ $1,014,774                                           $1,009,402

Advisory Council for Prosecuting Attorneys..................................... $17,056                                                 $97,054

    Sec. 5.  The Office of Secretary of State.

For the support of the:

Office of the Secretary of State..................................................... $4,095,664                                           $4,256,187

    Sec. 6.  The Office of State Treasurer.

For the support of the:

Office of the State Treasurer.......................................................... $1,017,572                                           $1,012,630

Higher Education Tuition Administration....................................... $747,099                                               $755,768

    Sec. 7.  The Office of State Controller.

For the support of the Office of the State Controller................. $2,785,268                                           $2,781,191

    Sec. 8.  Department of Administration.

For the support of the:

Budget and planning....................................................................... $2,236,592                                           $2,940,054

Management, training and controls................................................. $286,253                                               $272,254

Clear Creek Youth Center.................................................................. $153,923                                                 $84,885

State Public Works Board.................................................................. $826,407                                               $835,429

Merit Award Board.................................................................................. $5,000                                                   $5,000

    Sec. 9.  Department of Taxation.

For the support of the:

Department of Taxation................................................................... $12,935,474                                         $13,057,151

Senior citizens’ property tax assistance....................................... $2,053,980                                           $3,195,503

    Sec. 10.  Legislative Fund.

For the support of the:

Legislative Commission..................................................................... $734,320                                               $350,190

Audit Division................................................................................... $2,289,819                                           $2,426,921

 


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ê1999 Statutes of Nevada, Page 2979 (Chapter 571, AB 697)ê

 

                                                                                                                            1999-2000                                            2000-2001

 

Administrative Division................................................................... $5,634,226                                           $5,618,077

Legal Division................................................................................... $3,914,853                                           $4,649,167

Research Division............................................................................. $2,355,251                                           $2,300,049

Fiscal Analysis Division................................................................... $2,083,269                                           $2,084,593

Interim legislative operations............................................................ $366,969                                               $372,520

    Sec. 11.  Supreme Court of Nevada.

For the support of the:

Supreme Court of Nevada............................................................. $4,250,588                                           $4,211,226

Law Library....................................................................................... $1,075,606                                           $1,107,240

Commission on Judicial Selection......................................................... $7,332                                                   $7,450

Division of Planning and Analysis.................................................... $267,583                                               $307,887

    Sec. 12.  Commission on Judicial Discipline.

For the support of the commission on Judicial Discipline................ $370,288                                               $377,632

    Sec. 13.  District Judges’ Salaries and Judicial Pensions.

For the support of the District Judges’ salaries and pensions of Justices, Judges and widows............................................................................... $7,566,242................................................................................................................. $7,766,964

    Sec. 14.  Commission on Economic Development.

For the support of:

Economic development.................................................................. $3,340,785                                           $3,326,476

Rural community development........................................................ $124,112                                               $126,585

Procurement outreach program........................................................ $143,490                                               $147,758

    Sec. 15.  State Department of Education.

For the support of:

Education, state programs.............................................................. $2,147,888                                           $2,171,196

Occupational education..................................................................... $370,339                                               $369,945

Teacher education and licensing...................................................... $186,492                                                       $771

Nutrition education............................................................................. $252,976                                               $254,565

Continuing education......................................................................... $467,586                                               $469,263

Education of handicapped children................................................. $398,946                                               $398,946

Proficiency testing............................................................................ $1,218,552                                           $1,173,538

Other state education programs........................................................ $907,735                                               $709,251

Commission on Postsecondary Education..................................... $274,590                                               $273,134

    Sec. 16.  University and Community College System of Nevada.

For the support of:

System administration.................................................................... $2,623,749                                           $2,665,094

University Press.................................................................................... $625,051                                               $638,931

Statewide programs—UNR............................................................ $4,761,168                                           $4,876,708

Intercollegiate athletics—UNR...................................................... $1,451,628                                           $1,490,117

Statewide programs—UNLV............................................................. $670,976                                               $689,074

Intercollegiate athletics—UNLV................................................... $1,480,920                                           $1,519,239

Agricultural Experiment Station.................................................... $5,795,646                                           $5,954,664

 


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ê1999 Statutes of Nevada, Page 2980 (Chapter 571, AB 697)ê

 

                                                                                                                            1999-2000                                            2000-2001

 

Cooperative Extension Services.................................................... $5,385,349                                           $5,567,564

System computing center............................................................. $11,503,391                                         $11,712,362

UNLV Law School........................................................................... $3,603,457                                           $4,055,121

Desert Research Institute................................................................ $2,460,079                                           $2,498,390

National Direct Student Loan.............................................................. $77,842                                                 $77,842

University of Nevada, Reno........................................................ $75,429,944                                         $76,894,015

School of Medical Sciences......................................................... $15,458,184                                         $15,786,919

Bureau of Laboratory and Research........................................... $1,168,678                                           $1,194,457

University of Nevada, Las Vegas............................................... $83,633,405                                         $84,907,664

Community College of Southern Nevada................................. $45,425,822                                         $48,137,045

Western Nevada Community College....................................... $12,458,109                                         $12,913,823

Truckee Meadows Community College.................................... $20,677,168                                         $21,965,580

Great Basin College......................................................................... $7,631,703                                           $7,904,517

Business Center, North.................................................................... $1,692,128                                           $1,724,099

Business Center, South.................................................................... $1,426,933                                           $1,461,408

University system—special projects................................................ $541,654                                               $541,654

                Sec. 17.  Western Interstate Commission for Higher Education.

For the administrative support of Nevada’s membership in the Western Interstate Commission for Higher Education................................ $255,097................................................................................................................ $259,224

For the support of the Western Interstate Commission for Higher Education Loan Fund......................................................................... $644,947................................................................................................................ $763,153

                Sec. 18.  Department of Museums, Library and Arts.

For the support of the:

Museums, library and arts administration...................................... $288,899                                               $287,596

Museums and history......................................................................... $229,009                                               $230,064

Nevada Historical Society, Reno...................................................... $593,863                                               $569,695

Nevada State Museum, Carson City............................................ $1,160,984                                           $1,197,596

Nevada Museum and Historical Society, Las Vegas.................... $913,147                                               $865,906

Lost City Museum............................................................................... $271,444                                               $248,434

Nevada Railroad Museum................................................................ $530,812                                               $409,757

State Arts Council............................................................................ $1,260,429                                           $1,267,071

Nevada State Library...................................................................... $2,757,825                                           $2,762,203

Nevada State Library—Literacy...................................................... $107,017                                               $110,207

Archives and records........................................................................... $659,557                                               $551,069

Historic preservation and archeology.............................................. $307,312                                               $269,443

Comstock historic district..................................................................... $88,871                                                 $90,872


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2981 (Chapter 571, AB 697)ê

 

                                                                                                                            1999-2000                                            2000-2001

 

    Sec. 19.  Department of Human Resources.

For the support of the:

Office of the Director of Human Resources................................... $765,380                                               $784,414

Family to Family Connection........................................................ $2,287,768                                           $2,299,809

Family Resource Centers................................................................ $1,442,280                                           $1,442,681

Chapter I—Special education............................................................. $87,411                                                 $90,210

Indian Affairs Commission............................................................... $110,474                                               $112,069

Office of the State Public Defender................................................. $806,844                                               $806,817

Division of Health Care Financing and Policy:

Nevada Medicaid................................................................... $157,811,725                                       $173,450,870

Health Care Financing and Policy............................................... $548,045                                               $552,770

Nevada Check-Up Program...................................................................... $0                                               $441,210

Aging Services Division:

Aging Services Division............................................................... $2,479,551                                           $2,488,585

Senior Services Program............................................................. $1,058,298                                           $1,054,623

EPS/Homemaker programs............................................................ $14,633                                               $556,636

Division of Child and Family Services:

Juvenile justice programs.............................................................. $807,219                                               $747,219

UNITY/SACWIS......................................................................... $4,580,968                                           $3,058,754

Children and family administration......................................... $6,550,612                                           $6,775,587

Bureau of Services for Child Care............................................... $354,887                                               $365,326

Nevada Youth Training Center................................................. $5,320,074                                           $5,309,571

Caliente Youth Center................................................................ $4,172,943                                           $4,174,432

Youth community services...................................................... $19,330,847                                         $19,794,444

Youth alternative placement................