[Rev. 10/24/2013 8:10:19 PM--2013]

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CHAPTER 438, SB 430

Senate Bill No. 430–Committee on Transportation

 

CHAPTER 438

 

[Approved: June 7, 2013]

 

AN ACT relating to motor carriers; requiring taxicab motor carriers in certain counties to charge, collect and remit a technology fee to the Nevada Transportation Authority; requiring operators of limousines to charge, collect and remit the technology fee to the Nevada Transportation Authority under certain circumstances; imposing a technology fee on taxicab trips in counties under the jurisdiction of the Taxicab Authority; prescribing the use of the technology fees for certain purposes; authorizing the implementation and use of a computerized real-time data system for certain purposes; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Nevada Transportation Authority regulates common motor carriers of passengers, which include limousines. In addition, in counties with a population of less than 700,000 (currently all counties other than Clark County), the Nevada Transportation Authority regulates taxicabs. (NRS 706.151) Under existing law, the Taxicab Authority regulates taxicabs in a county whose population is 700,000 or more (currently Clark County) and in any county that has, by ordinance, placed itself under the jurisdiction of the Taxicab Authority. (NRS 706.881)

      This bill requires the Nevada Transportation Authority and the Taxicab Authority to: (1) establish a technology fee; and (2) use the money generated by the technology fees to implement certain technology to assist the agencies in carrying out their duties. Sections 7 and 14 of this bill require a taxicab motor carrier to charge and collect the technology fee for each compensable trip of a taxicab operated by the carrier, including a taxicab that it leases to another person. Sections 5 and 13 of this bill: (1) require the Nevada Transportation Authority and the Taxicab Authority to use the money generated by the technology fees to implement technological improvements in safety, reliability and efficiency, including the implementation of a computerized real-time data system to assist each Authority in carrying out its duties; and (2) prescribe certain technical specifications for the computerized real-time data system implemented by those agencies. Section 18 of this bill requires the Nevada Transportation Authority and the Taxicab Authority to: (1) commence the process of implementing the computerized real-time data system not later than October 1, 2013; and (2) on or before February 1, 2015, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the 78th Session of the Legislature that describes the implementation and operations of the computerized real-time data system.

      Sections 2 and 3 of this bill provide for the use of the computerized real-time data system by common motor carriers to provide public cooperative dispatch and electronic hailing services in certain counties. Sections 2 and 3: (1) authorize a holder of a certificate of public convenience and necessity to apply to the agency regulating the certificate holder for authorization to use the computerized real-time data system to provide these services in certain counties; and (2) require the Nevada Transportation Authority and the Taxicab Authority to authorize such use. Sections 2 and 3 further require the Nevada Transportation Authority and the Taxicab Authority to: (1) authorize certificate holders who use the computerized real-time data system to provide public cooperative dispatch and electronic hailing services to impose a reasonable charge for the use of the system by a passenger; and (2) establish by regulation or order requirements for the publication of that charge. Under section 6 of this bill, if an operator of a limousine uses the computerized real-time data system to provide cooperative dispatch and electronic hailing services, the operator is required to charge, collect and remit the technology fee imposed under this bill for each compensable limousine trip within a county whose population is 700,000 or more (currently Clark County).

 


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provide cooperative dispatch and electronic hailing services, the operator is required to charge, collect and remit the technology fee imposed under this bill for each compensable limousine trip within a county whose population is 700,000 or more (currently Clark County).

      Sections 11 and 15 of this bill authorize: (1) the Taxicab Authority to use the computerized real-time data system to verify the validity of temporary or permanent medallions issued by the Taxicab Authority; and (2) the use of the computerized electronic real-time data system to keep an electronic version of the daily trip sheet of drivers of taxicabs.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  In a county whose population is 700,000 or more, upon application by a holder of a certificate of public convenience and necessity, the Authority shall authorize the certificate holder to use the computerized real-time data system for the purposes of offering cooperative dispatch and electronic hailing services to the public.

      2.  If two or more holders of a certificate of convenience and public necessity apply to the Authority to use the computerized real-time data system for the purposes set forth in subsection 1, the Authority must establish, by regulation or order, rules providing for the use of the computerized real-time data system by two or more holders of a certificate of convenience and public necessity for the purposes set forth in subsection 1.

      3.  The Authority shall:

      (a) Authorize the holders of a certificate of public convenience and necessity who are authorized to use the computerized real-time data system for the purposes set forth in subsection 1 to impose a reasonable charge for the use of the computerized real-time data system by a passenger. The charge:

             (1) Must be separate from any other rate, fare or charge for service;

             (2) Is not required to be uniform within a county; and

             (3) May be assessed in accordance with a schedule of charges based upon factors approved by the Authority.

      (b) Establish, by regulation or order, requirements for the publication by holders of a certificate of public convenience and necessity of the charge or the schedule of charges for the use by a passenger of the computerized real-time data system for the purposes set forth in subsection 1.

      4.  As used in this section, “computerized real-time data system” means the computerized real-time data system implemented by the Authority pursuant to subsection 3 of NRS 706.1516.

      Sec. 3. 1.  Upon application by a certificate holder, the Taxicab Authority shall authorize the certificate holder to use the computerized real-time data system for the purposes of offering cooperative dispatch and electronic hailing services for taxicabs to the public.

 


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      2.  If two or more certificate holders apply to the Taxicab Authority to use the computerized real-time data system for the purposes set forth in subsection 1, the Taxicab Authority must establish, by regulation or order, rules providing for the use of the computerized real-time data system by two or more certificate holders for the purposes set forth in subsection 1.

      3.  The Taxicab Authority shall:

      (a) Authorize the certificate holders who are authorized to use the computerized real-time data system for the purposes set forth in subsection 1 to impose a reasonable charge for the use by a passenger of the computerized real-time data system. The charge:

             (1) Must be separate from any other rate, fare or charge for taxicab service;

             (2) Is not required to be uniform within a county; and

             (3) May be assessed in accordance with a schedule of charges based upon factors approved by the Taxicab Authority.

      (b) Establish, by regulation or order, requirements for the publication by certificate holders of the charge or the schedule of charges for the use by a passenger of the computerized real-time data system for the purposes set forth in subsection 1.

      4.  As used in this section, “computerized real-time data system” means the computerized real-time data system implemented by the Taxicab Authority pursuant to subsection 4 of NRS 706.8825.

      Sec. 4. NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

      Sec. 5. NRS 706.1516 is hereby amended to read as follows:

      706.1516  1.  The Nevada Transportation Authority Regulatory Account is hereby created in the State General Fund. All money collected by the Authority pursuant to law must be deposited with the State Treasurer for credit to the Account.

      2.  [Money] Except as otherwise provided in subsection 3, money in the Account may be used only to defray the costs of:

      (a) Maintaining staff and equipment needed to regulate adequately persons subject to the jurisdiction of the Authority.

      (b) Participating in all proceedings relevant to the jurisdiction of the Authority.

      (c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that maintenance and participation.

      (d) The salaries, travel expenses and subsistence allowances of the members of the Authority.

      3.  All money collected by the Authority pursuant to subsection 2 of NRS 706.465 and subsection 4 of NRS 706.471 must be used to implement technological improvements in safety, reliability and efficiency within a county whose population is 700,000 or more, including, without limitation, the implementation of a computerized real-time data system to assist with the administration and enforcement of the provisions of NRS 706.011 to 706.791, inclusive, and section 2 of this act. A computerized real-time data system implemented pursuant to this subsection must, at a minimum, satisfy the following criteria:

 


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      (a) While a vehicle is in service within the jurisdiction of the Authority, the system must be capable of collecting in real-time from the onboard computer of the vehicle, by wireless access through the onboard diagnostic port or other means, the vehicle identification number and the operating and telemetric data for the vehicle.

      (b) While a vehicle is in service within the jurisdiction of the Authority, the system must be capable of collecting in real-time, from an onboard diagnostic device capable of using a global positioning system that is installed in the vehicle or any other onboard computer software system capable of using a global positioning system that is installed in the vehicle, the location of the vehicle by latitude and longitude, a record of the time at which the vehicle is at that location and operating and telemetric data for the vehicle.

      (c) The system must be capable of allowing the operator of a vehicle, while the vehicle is in service within the jurisdiction of the Authority, to register in the system, at the beginning and end of each shift, his or her identity and the number of his or her permit or certificate of public convenience and necessity.

      (d) The system must be capable of allowing, in a manner prescribed by the Authority, a holder of a certificate of public convenience and necessity to digitally associate himself or herself with a vehicle for which the Authority has issued a certificate, license or other authorization.

      (e) The system must be capable of presenting, in real-time to the Authority, searchable histories of the information and data described in this subsection in both a format that displays the information and data in tables and a digital map format that displays streets and highways.

      (f) The system must be capable of presenting to a passenger, through an application on a mobile device or an interactive, digital display or other onboard system in the vehicle, sufficient information for the passenger to select and direct the operator of the vehicle to the passenger’s desired destination by the passenger’s desired route. The information must include, without limitation, sufficient information for the passenger to:

             (1) Select the shortest route by time or distance to the passenger’s desired destination;

             (2) Select a multi-segment trip directed by the passenger;

             (3) Select the least expensive route to the passenger’s desired destination; and

             (4) Make a digital record of the passenger’s selection that is accessible during and after the trip by the passenger, the Authority, the operator and the holder of the certificate of public convenience and necessity.

      (g) The system must be capable of presenting to the operator of the vehicle, through an application on a mobile device or an interactive, digital display or other onboard system in the vehicle, sufficient information for the operator to:

             (1) Determine the shortest route by time or distance to the passenger’s desired destination and the least expensive route to the passenger’s desired destination;

             (2) Follow a multi-segment, passenger-directed trip by the least expensive route to the passenger’s desired destination; and

             (3) Allow the passenger to make a digital record of a selection of a desired route to the passenger’s destination that is accessible during and after the trip by the passenger, the Authority, the operator and the holder of the certificate of public convenience and necessity.

 


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after the trip by the passenger, the Authority, the operator and the holder of the certificate of public convenience and necessity.

      (h) The system must be capable of allowing a passenger to register comments and complaints with the Authority, the operator of the vehicle and the holder of the certificate of public convenience and necessity, through an application on a mobile device or an interactive digital display screen or other onboard system in the vehicle.

      (i) The system must be capable of assisting the Authority in the development of additional preventive measures to detect, investigate and deter the practice of transporting a passenger to a selected destination by a route that is more expensive than necessary under the circumstances of the trip.

      (j) The system must be capable of providing to the Authority reliable real-time and historic information concerning service demands, market data, vehicle usage, wait time and customer complaints and comments.

      (k) The system must be capable of allowing holders of a certificate of convenience and public necessity to use the system to provide cooperative dispatch and electronic hailing services to the public pursuant to section 2 of this act.

      4.  The Authority shall not use the information and data collected pursuant to paragraph (a) or (b) of subsection 3 for any purpose other than the purposes set forth in those paragraphs unless the Authority has adopted regulations governing the additional use.

      5.  The Authority may operate the computerized real-time data system implemented pursuant to subsection 3 or enter into an agreement for the provision of such service. If the Authority enters into such an agreement, the Authority shall ensure that all the information and data collected by the computerized real-time data system is under the control of the Authority.

      6.  All claims against the Account must be paid as other claims against the State are paid.

      [4.]7.  The Authority must furnish upon request a statement showing the balance remaining in the Account as of the close of the preceding fiscal year.

      8.  As used in this section, “real time” means the transmission of information at a rate no longer than once every 6 seconds, unless the Authority authorizes a longer rate while a vehicle is experiencing a low volume of trips.

      Sec. 6. NRS 706.465 is hereby amended to read as follows:

      706.465  1.  An operator of a limousine shall, beginning on July 1, 2003, and on July 1 of each year thereafter, pay to the Authority a fee of $100 for each limousine that the Authority has authorized the operator to operate.

      2.  An operator of a limousine shall:

      (a) Charge and collect a technology fee in an amount set by the Authority for each compensable trip by a limousine that the Authority has authorized the operator to operate, if a computerized real-time data system is used for the purposes set forth in section 2 of this act; and

      (b) Remit to the Authority, not later than the 10th day of each month, all technology fees collected by the operator pursuant to this subsection for the immediately preceding month.

 


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Ê The fee charged pursuant to this subsection may only be charged within a county whose population is 700,000 or more, and may be included in the operator’s tariff.

      3.  Any person who fails to pay any fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee, plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month, from the date the fee is due until the date of payment.

      4.  As used in this section [, “limousine”] :

      (a) “Computerized real-time data system” means the computerized real-time data system implemented by the Authority pursuant to subsection 3 of NRS 706.1516.

      (b) “Limousine” includes:

      [(a)](1) A livery limousine; and

      [(b)](2) A traditional limousine.

      Sec. 7. NRS 706.471 is hereby amended to read as follows:

      706.471  1.  Each taxicab motor carrier shall, before commencing the operation defined in NRS 706.126 and annually thereafter, pay to the Authority for each taxicab which it operates, including each taxicab it leases pursuant to NRS 706.473, [a] an annual fee of not more than $75 as determined by a regulation of the Authority.

      2.  The annual fee provided in this section must be paid on or before January 1 of each year.

      3.  The [initial] annual fee must be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year in which operation is begun.

      4.  In addition to the annual fee provided in subsection 1, each taxicab motor carrier shall:

      (a) Charge and collect a technology fee in an amount set by the Authority for each compensable trip by a taxicab which it operates, including each taxicab it leases pursuant to NRS 706.473; and

      (b) Remit to the Authority, not later than the 10th day of each month, all fees collected by the operator pursuant to this subsection for the immediately preceding month.

Ê The fee charged pursuant to this subsection may only be charged within a county whose population is 700,000 or more, and may be added to the passenger fare charged as indicated on the taximeter.

      5.  Any person who fails to pay any fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee , plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month , from the date the fee is due until the date of payment.

      Sec. 8. NRS 706.756 is hereby amended to read as follows:

      706.756  1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and section 2 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and section 2 of this act or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;

 


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      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;

      (d) Fails to obey any order, decision or regulation of the Authority or the Department;

      (e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;

      (f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;

      (g) Advertises as providing:

             (1) The services of a fully regulated carrier; or

             (2) Towing services,

Ê without including the number of the person’s certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

      (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

      (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,

Ê is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      2.  Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

      (a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

      (b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

 


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      3.  Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.

      4.  If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.

      5.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      6.  Any bail allowed must not be less than the appropriate fine provided for by this section.

      Sec. 9. NRS 706.881 is hereby amended to read as follows:

      706.881  1.  The provisions of NRS 706.8811 to 706.885, inclusive, and section 3 of this act apply to any county:

      (a) Whose population is 700,000 or more; or

      (b) For whom regulation by the Taxicab Authority is not required, if the board of county commissioners of the county has enacted an ordinance approving the inclusion of the county within the jurisdiction of the Taxicab Authority.

      2.  Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the Taxicab Authority is not required, the Taxicab Authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, and section 3 of this act within that county.

      3.  Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the Nevada Transportation Authority do not apply.

      Sec. 10. NRS 706.8811 is hereby amended to read as follows:

      706.8811  As used in NRS 706.881 to 706.885, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.8812 to 706.8817, inclusive, have the meanings ascribed to them in those sections.

      Sec. 11. NRS 706.88183 is hereby amended to read as follows:

      706.88183  1.  The Taxicab Authority shall [establish by regulation a system for the use of radio frequency identification or other electronic means] implement a system to verify through the computerized real-time data system implemented pursuant to subsection 4 of NRS 706.8825 the validity of a temporary or permanent medallion [affixed to any taxicab within the jurisdiction of] issued by the Taxicab Authority.

      2.  As used in this section, “medallion” means the [metal plate issued by] temporary or permanent authority to operate a taxicab within the jurisdiction of the Taxicab Authority [to be affixed to each taxicab allocated] which is issued by the Taxicab Authority [.] pursuant to NRS 706.8811 to 706.885, inclusive, and section 3 of this act.

      Sec. 12. NRS 706.8821 is hereby amended to read as follows:

      706.8821  1.  The Administrator is responsible for the control and regulation of the taxicab industry in any county to which NRS 706.881 to 706.885, inclusive, and section 3 of this act apply and for the administration of NRS 706.881 to 706.885, inclusive [.] , and section 3 of this act.

      2.  The Administrator shall appoint:

      (a) One accountant and such auditors as are necessary to enable the Administrator to perform the Administrator’s official functions properly; and

 


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      (b) Such other employees as are necessary to enable the Administrator to perform the Administrator’s official functions properly.

      Sec. 13. NRS 706.8825 is hereby amended to read as follows:

      706.8825  1.  All fees collected pursuant to NRS 706.881 to 706.885, inclusive, and section 3 of this act must be deposited by the Administrator to the credit of the Taxicab Authority Fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the Fund.

      2.  The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      3.  The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated to defray the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.

      4.  The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841, 706.8848, 706.8849 and 706.885 are hereby appropriated to defray the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business. The technology fees received pursuant to paragraph (c) of subsection 3 of NRS 706.8826 must be used to implement technological improvements in safety, reliability and efficiency, including, without limitation, the implementation of a computerized real-time data system to assist with the regulation of the taxicabs in the county in which the certificate holder operates a taxicab business. A computerized real-time data system implemented pursuant to this subsection must, at a minimum, satisfy the following criteria:

      (a) While a taxicab is in service within the jurisdiction of the Taxicab Authority, the system must be capable of collecting in real-time from the onboard computer of the taxicab, by wireless access through the onboard diagnostic port or other means, the vehicle identification number and operating and telemetric data for the vehicle.

      (b) While a taxicab is in service within the jurisdiction of the Authority, the system must be capable of collecting in real-time, from an onboard diagnostic device capable of using a global positioning system that is installed in the taxicab or any other onboard computer software system capable of using a global positioning system that is installed in the taxicab, the location of the taxicab by latitude and longitude, a record of the time at which the taxicab is at that location and operating and telemetric data for the vehicle.

      (c) The system must be capable of allowing the driver of a taxicab, while the taxicab is in service within the jurisdiction of the Authority, to register in the system, at the beginning and end of each shift, his or her identity and the number of his or her driver’s permit.

      (d) The system must be capable of allowing, in a manner prescribed by the Taxicab Authority, a certificate holder to digitally associate a taxicab with a temporary or permanent medallion for the purpose of verifying the validity of a temporary or permanent medallion pursuant to NRS 706.88183. As used in this paragraph, “medallion” has the meaning ascribed to it in NRS 706.88183.

      (e) The system must be capable of presenting, in real-time to the Taxicab Authority, searchable histories, in both a format that displays the information and data in tables and a digital map format that displays streets and highways, of:

 


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             (1) The information and data described in this subsection; and

             (2) The information described in NRS 706.8844.

      (f) The system must be capable of presenting to a passenger, through an application on a mobile device or on an interactive, digital display or other onboard system in the taxicab, sufficient information for the passenger to select and direct the driver to the passenger’s desired destination by the passenger’s desired route. The information must include, without limitation, sufficient information for the passenger to:

             (1) Select the shortest route by time or distance to the passenger’s desired destination;

             (2) Select a multi-segment trip directed by the passenger;

             (3) Select the least expensive route to the passenger’s desired destination; and

             (4) Make a digital record of the passenger’s selection that is accessible during and after the trip by the passenger, the Taxicab Authority, the driver and the certificate holder.

      (g) The system must be capable of presenting to the driver, through an application on a mobile device or an interactive, digital display or other onboard system in the taxicab, sufficient information for the driver to:

             (1) Determine the shortest route by time or distance to the passenger’s desired destination and the least expensive route to the passenger’s desired destination;

             (2) Follow a multi-segment, passenger-directed trip by the least expensive route to the passenger’s desired destination; and

             (3) Allow the passenger to make a digital record of a selection of a desired route to the passenger’s destination that is accessible during and after the trip by the passenger, the Taxicab Authority, the driver and the certificate holder.

      (h) The system must be capable of allowing passengers to register comments and complaints with the Taxicab Authority, the driver and the certificate holder, through an application on a mobile device or an interactive digital display screen or other onboard system in the taxicab.

      (i) The system must be capable of assisting the Taxicab Authority in the development of additional preventive measures to detect, investigate and deter the practice of transporting a passenger to a selected destination by a route that is more expensive than necessary under the circumstances of the trip.

      (j) The system must be capable of providing to the Taxicab Authority reliable real-time and historic information concerning service demands, market data, vehicle usage, wait times and customer complaints and comments for use by the Taxicab Authority to make decisions concerning the allocation of medallions pursuant to 706.88237, 706.8824 and 706.88245.

      (k) The system must be capable of allowing certificate holders to use the system to provide cooperative dispatch and electronic hailing services to the public pursuant to section 3 of this act.

      5.  The Taxicab Authority shall not use the information and data collected pursuant to paragraph (a) or (b) of subsection 4 for any purpose other than the purposes set forth in those paragraphs unless the Authority has adopted regulations governing the additional use.

      6.  The Taxicab Authority may operate the computerized real-time data system implemented pursuant to subsection 4 or enter into an agreement for the provision of such service.

 


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agreement for the provision of such service. If the Taxicab Authority enters into such an agreement, the Taxicab Authority shall ensure that all the information and data collected by the computerized real-time data system is under the control of the Taxicab Authority.

      7.  Any balance remaining in the Fund does not revert to the State General Fund. The Administrator may transfer to the Aging and Disability Services Division of the Department of Health and Human Services any balance over $200,000 and any interest earned on the Fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for elderly persons and persons with permanent disabilities in taxicabs. The money transferred to the Aging and Disability Services Division must be administered in accordance with regulations adopted by the Administrator of the Aging and Disability Services Division pursuant to NRS 427A.070.

      [6.] 8.  The Administrator may establish an account for petty cash not to exceed $2,000 for the support of undercover investigation, and if the account is created, the Administrator shall reimburse the account from the Taxicab Authority Fund in the same manner as other claims against the State are paid.

      9.  As used in this section, “real time” means the transmission of information at a rate no longer than once every 6 seconds, unless the Taxicab Authority authorizes a longer rate while a taxicab is experiencing a low volume of trips.

      Sec. 14. NRS 706.8826 is hereby amended to read as follows:

      706.8826  1.  The board of county commissioners of any county in which there is in effect an order for the allocation of taxicabs from a taxicab authority, and the governing body of each city within any such county, shall deposit to the credit of the Taxicab Authority Fund all of the tax revenue which is received from the taxicab business operating in the county and city, respectively.

      2.  For the purpose of calculating the amount due to the State under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.

      3.  Any certificate holder who is subject to an order of allocation by the Taxicab Authority shall pay to the Taxicab Authority :

      (a) A fee of $100 per year for each taxicab that the Taxicab Authority has allocated to the certificate holder ; [and a]

      (b) A fee set by the Taxicab Authority that must not exceed 20 cents per trip for each compensable trip of each of those taxicabs [, which may] ; and

      (c) A technology fee in an amount set by the Taxicab Authority for each compensable trip of each of those taxicabs.

Ê The fees set forth in paragraphs (b) and (c) must be added to the meter charge.

      4.  The money [so] received by the Taxicab Authority pursuant to this section must be deposited in the State Treasury to the credit of the Taxicab Authority Fund.

      Sec. 15. NRS 706.8844 is hereby amended to read as follows:

      706.8844  1.  A certificate holder shall require the certificate holder’s drivers to keep a daily trip sheet in a form to be prescribed by the Taxicab Authority, including, without limitation, in electronic form.

      2.  At the beginning of each period of duty the driver shall record on the driver’s trip sheet:

 


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      (a) The driver’s name and the number of the taxicab;

      (b) The time at which the driver began the period of duty by means of a time clock provided by the certificate holder;

      (c) The meter readings for total miles, paid miles, trips, units, extra passengers and extra charges; and

      (d) The odometer reading of the taxicab.

      3.  During each period of duty the driver shall record on the driver’s trip sheet:

      (a) The time, place of origin and destination of each trip; and

      (b) The number of passengers and amount of fare for each trip.

      4.  At the end of each period of duty the driver shall record on the driver’s trip sheet:

      (a) The time at which the driver ended the period of duty by means of a time clock provided by the certificate holder;

      (b) The meter readings for total miles, paid miles, trips, units and extra passengers; and

      (c) The odometer reading of the taxicab.

      5.  A certificate holder shall furnish a trip sheet form for each taxicab operated by a driver during the driver’s period of duty and shall require the drivers to return their completed trip sheets at the end of each period of duty.

      6.  A certificate holder shall retain all trip sheets of all drivers in a safe place for a period of 3 years immediately succeeding December 31 of the year to which they respectively pertain and shall make such manifests available for inspection by the Administrator upon reasonable demand.

      7.  Any driver who maintains a trip sheet in a form less complete than that required by subsection 1 is guilty of a misdemeanor.

      8.  The Administrator shall prescribe the requirements for the use of an electronic version of a daily trip sheet. If a certificate holder requires its drivers to keep a daily trip sheet in electronic form, the certificate holder [shall maintain] may comply with the requirements of this section:

      (a) By maintaining the information collected from the daily trip sheet in a secure database and [provide] providing the Administrator with access to the information in the database at regular intervals established by the Administrator and upon reasonable demand [.] ; or

      (b) By reporting the information to the Administrator on the computerized real-time data system implemented pursuant to subsection 4 of NRS 706.8825.

      Sec. 16. NRS 706.885 is hereby amended to read as follows:

      706.885  1.  Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the Taxicab Authority or the Administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, and section 3 of this act is guilty of a misdemeanor.

      2.  The Taxicab Authority or Administrator may at any time, for good cause shown and upon at least 5 days’ notice to the grantee of any certificate or driver’s permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver’s permit to a maximum amount of $500 or suspend or revoke the certificate or driver’s permit granted by the Taxicab Authority or Administrator, respectively, for:

 


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      (a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, and section 3 of this act or any regulation of the Taxicab Authority or Administrator.

      (b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, and section 3 of this act or any regulation of the Taxicab Authority or Administrator.

Ê If a penalty is imposed on the grantee of a certificate pursuant to this section, the Taxicab Authority or Administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney’s fees.

      3.  When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the Administrator shall enter a finding of default. Upon a finding of default, the Administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the Administrator may set aside a finding of default and proceed with the hearing.

      4.  Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, the law enforcement officer may cause the vehicle to be towed immediately from the scene.

      5.  The conviction of a person pursuant to subsection 1 does not bar the Taxicab Authority or Administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the Taxicab Authority or Administrator does not operate as a defense in any proceeding brought under subsection 1.

      Sec. 17. NRS 427A.070 is hereby amended to read as follows:

      427A.070  1.  The Administrator shall:

      (a) Subject to the approval of the Director, adopt rules and regulations:

             (1) Necessary to carry out the purposes of this chapter; and

             (2) Establishing a program to subsidize the transportation by taxicab of elderly persons and persons with permanent disabilities from money received pursuant to subsection [5] 7 of NRS 706.8825;

      (b) Establish appropriate administrative units within the Division;

      (c) Appoint such personnel and prescribe their duties as the Administrator deems necessary for the proper and efficient performance of the functions of the Division;

      (d) Prepare and submit to the Governor, through the Director before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;

      (e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and

      (f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.

      2.  The Administrator may delegate to any officer or employee of the Division such of the powers and duties of the Administrator as the Administrator finds necessary to carry out the purposes of this chapter.

 


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      Sec. 18.  1.  The Nevada Transportation Authority shall commence the process of implementing the computerized real-time data system described in subsection 3 of NRS 706.1516, as amended by section 5 of this act, not later than October 1, 2013.

      2.  The Taxicab Authority shall commence the process of implementing the computerized real-time data system described in subsection 4 of NRS 706.8825 as amended by section 13 of this act, not later than October 1, 2013.

      3.  On or before February 1, 2015, the Nevada Transportation Authority and the Taxicab Authority shall each submit a report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature that describes the implementation and operation of the computerized real-time data system described in subsection 3 of NRS 706.1516, as amended by section 5 of this act, or subsection 4 of NRS 706.8825, as amended by section 13 of this act, as applicable.

      Sec. 19.  This act becomes effective on July 1, 2013.

________

CHAPTER 439, AB 24

Assembly Bill No. 24–Committee on Transportation

 

CHAPTER 439

 

[Approved: June 7, 2013]

 

AN ACT relating to motor vehicles; providing for the limited issuance of special license plates to commemorate the 150th anniversary of Nevada’s admission into the Union; imposing a fee for the issuance or renewal of such license plates; revising provisions relating to the number of characters required to be contained on a license plate; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill provides for the issuance of a special license plate to commemorate the 150th anniversary of Nevada’s admission into the Union. Existing law provides that the regular fees for the initial issuance and renewal of a special license plate are $35 and $10, respectively, exclusive of any additional fees which may be added to generate funds for a particular cause. (NRS 482.265) Unlike the fees set forth in existing law, the fee set forth in this bill for the initial issuance of a special license plate to commemorate the 150th anniversary (sesquicentennial) of Nevada’s admission into the Union is $7.50 and there is no basic charge for the renewal of the special license plates, other than the fee that is required to be distributed to the Nevada Cultural Affairs Foundation. Existing law also requires $35 of the fee received by the Department of Motor Vehicles for the initial issuance of a special license plate, exclusive of any additional fees which may be added to generate funds for a particular cause, to be deposited in the State Highway Fund for credit to the Revolving Account for the Issuance of Special License Plates. (NRS 482.1805) This bill requires the Department to deposit the $7.50 received for the initial issuance of the sesquicentennial license plate with the State Treasurer for credit to that Revolving Account. This bill also requires that an annual report concerning the revenues received and expenditures made in connection with the issuance of the commemorative license plates be submitted to the Director of the Legislative Counsel Bureau, and provides that in no event may the commemorative license plates be issued by the Department after October 31, 2016. For a person who is a Legislator of this State, this bill allows the commemorative license plates to be combined with special legislative license plates issued to the Legislator pursuant to NRS 482.374.

 


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      This bill also provides that the additional fees collected for the issuance of the plate must be deposited in the State General Fund. The State Treasurer is required to distribute those additional fees, on a quarterly basis, to the Nevada Cultural Affairs Foundation. This bill exempts these special license plates from: (1) the provisions that require a minimum number of applications for the plates; (2) the requirement that the Commission on Special License Plates approve or disapprove the plates; and (3) the limit on the number of separate designs of special license plates that may be issued by the Department at any one time.

      Section 5 of this bill deletes the requirement that a redesign of license plates ordered by the Director of the Department: (1) be in colors that are predominately blue and silver; and (2) contain letters and numbers that are of the same size. Sections 6 and 11-19 of this bill delete the requirement that a license plate contain a certain finite number of characters and provide instead that the Director will determine the number of characters to be contained on each license plate.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 8, the Department, in cooperation with the Nevada Cultural Affairs Foundation or its successor, shall design, prepare and issue license plates which commemorate the 150th anniversary of Nevada’s admission into the Union, using any colors and designs that the Department deems appropriate.

      2.  The Department shall issue the commemorative license plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that:

      (a) Special legislative license plates issued to a Legislator pursuant to NRS 482.374 be combined with the commemorative license plates if that person:

             (1) Qualifies for special legislative license plates issued pursuant to NRS 482.374; and

             (2) Pays the fees for the special legislative license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4; or

      (b) Personalized prestige license plates issued pursuant to NRS 482.3667 be combined with the commemorative license plates if that person pays the fees for the personalized license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4.

      3.  The fee for the commemorative license plates is $7.50, in addition to all other applicable registration and license fees and governmental services taxes. The Department shall deposit the fee collected pursuant to this subsection with the State Treasurer for credit to the Revolving Account for the Issuance of Special License Plates created pursuant to NRS 482.1805.

      4.  Except as otherwise provided in this subsection, in addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection 3, a person who requests a set of the commemorative license plates must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates a fee of $20, to be distributed pursuant to subsection 5.

 


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plates an additional fee of $25 and for each renewal of the plates a fee of $20, to be distributed pursuant to subsection 5. The fees otherwise required to be paid pursuant to this subsection must not be charged after the date announced by the Director pursuant to subsection 8.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. For the duration of the collection of such fees, the State Treasurer shall, on a quarterly basis, distribute the fees to the Nevada Cultural Affairs Foundation or its successor to be used for:

      (a) A celebration of the 150th anniversary of Nevada’s admission into the Union;

      (b) Projects relating to the commemoration of Nevada’s admission to the Union, including, without limitation, historical markers, tours of historic sites and improvements to or restoration of historic buildings and structures;

      (c) Education relating to the history of the State of Nevada; and

      (d) Other projects relating to preserving and protecting the heritage of the State of Nevada.

      6.  On or before January 1 of each calendar year, the Division of Museums and History of the Department of Tourism and Cultural Affairs shall produce a report of:

      (a) Revenues received from the issuance of the commemorative license plates issued pursuant to the provisions of this section; and

      (b) Associated expenditures,

Ê and shall submit the report to the Director of the Legislative Counsel Bureau for transmission to the Legislature or the Legislative Commission, as appropriate.

      7.  If, during a registration year, the holder of the commemorative license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the commemorative license plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the commemorative license plates from the vehicle, return them to the Department.

      8.  The Director shall determine and, by public proclamation, announce the last date on which the Department will issue the commemorative license plates. The Department shall publish the announcement on its Internet website. In no case may the date that is determined and announced to be the last date on which the Department will issue the commemorative license plates be after October 31, 2016. The Department shall not issue:

      (a) The commemorative license plates after the date announced by the Director pursuant to this subsection.

      (b) Replacement commemorative license plates for those license plates more than 5 years after the date announced by the Director pursuant to this subsection.

      Sec. 2. NRS 482.1805 is hereby amended to read as follows:

      482.1805  1.  The Revolving Account for the Issuance of Special License Plates is hereby created as a special account in the State Highway Fund. An amount equal to $35 of the fee received by the Department for the initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the State Highway Fund for credit to the Account.

 


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initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the State Highway Fund for credit to the Account.

      2.  The Department shall use the money in the Account to:

      (a) Pay the expenses involved in issuing special license plates; and

      (b) Purchase improved and upgraded technology, including, without limitation, digital technology for the production of special license plates, to ensure that special license plates are produced in the most efficient manner possible.

      3.  Money in the Account must be used only for the purposes specified in subsection 2.

      4.  At the end of each fiscal year, the State Controller shall transfer from the Account to the State Highway Fund an amount of money equal to the balance in the Account which exceeds $50,000.

      5.  The provisions of this section do not apply to section 1 of this act.

      Sec. 3. NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications received to the Department within the period prescribed by the Department;

      (b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

      (c) Comply with the regulations adopted pursuant to subsection 4; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or

             (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

 


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      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      Sec. 4. NRS 482.265 is hereby amended to read as follows:

      482.265  1.  The Department shall furnish to every owner whose vehicle is registered two license plates for a motor vehicle other than a motorcycle and one license plate for all other vehicles required to be registered hereunder. Upon renewal of registration, the Department may issue one or more license plate stickers, tabs or other suitable devices in lieu of new license plates.

      2.  The Director shall have the authority to require the return to the Department of all number plates upon termination of the lawful use thereof by the owner under this chapter.

      3.  Except as otherwise specifically provided by statute, for the issuance of each special license plate authorized pursuant to this chapter:

      (a) The fee to be received by the Department for the initial issuance of the special license plate is $35, exclusive of any additional fee which may be added to generate funds for a particular cause or charitable organization;

      (b) The fee to be received by the Department for the renewal of the special license plate is $10, exclusive of any additional fee which may be added to generate financial support for a particular cause or charitable organization; and

      (c) The Department shall not design, prepare or issue a special license plate unless, within 4 years after the date on which the measure authorizing the issuance becomes effective, it receives at least 250 applications for the issuance of that plate.

      4.  The provisions of subsection 3 do not apply to section 1 of this act.

      Sec. 5. NRS 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided in this section or by specific statute, the Director shall order the redesign and preparation of motor vehicle license plates . [with colors that are predominately blue and silver. The Director may substitute white in place of silver when no suitable material is available.]

      2.  Except as otherwise provided in subsection 3, the Department shall, upon the payment of all applicable fees, issue redesigned motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.

      3.  The Department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, or section 1 of this act without the approval of the person.

      4.  The Director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

 


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vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      5.  Every license plate must have displayed upon it:

      (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

      (b) The name of this State, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

      6.  [Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.

      7.]  Each special license plate that is designed, prepared and issued pursuant to NRS 482.367002 must be designed and prepared in such a manner that:

      (a) The left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia that is suggested pursuant to paragraph (e) of subsection 2 of that section; and

      (b) The remainder of the plate conforms to the requirements for [coloring,] lettering and design that are set forth in this section.

      Sec. 6. NRS 482.272 is hereby amended to read as follows:

      482.272  Each license plate for a motorcycle may contain [up to six] a number of characters, including numbers and letters [.] , as determined necessary by the Director. Only one plate may be issued for a motorcycle.

      Sec. 7. NRS 482.367002 is hereby amended to read as follows:

      482.367002  1.  A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:

      (a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;

      (b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;

      (c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;

      (d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;

      (e) The organization is nondiscriminatory; and

      (f) The license plate will not promote a specific religion, faith or antireligious belief.

      2.  An application submitted to the Department pursuant to subsection 1:

      (a) Must be on a form prescribed and furnished by the Department;

      (b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so, the name of the cause or charitable organization;

      (c) Must include proof that the organization satisfies the requirements set forth in subsection 1;

 


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      (d) Must be accompanied by a surety bond posted with the Department in the amount of $5,000; and

      (e) May be accompanied by suggestions for the design of and colors to be used in the special license plate.

      3.  The Department may design and prepare a special license plate requested pursuant to subsection 1 if:

      (a) The Department determines that the application for that plate complies with subsection 2; and

      (b) The Commission on Special License Plates approves the application for that plate pursuant to subsection 5 of NRS 482.367004.

      4.  Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:

      (a) The Department has designed and prepared pursuant to this section;

      (b) The Commission on Special License Plates has approved for issuance pursuant to subsection 5 of NRS 482.367004; and

      (c) Complies with the requirements of subsection [7] 6 of NRS 482.270,

Ê for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.

      5.  The Department must promptly release the surety bond posted pursuant to subsection 2:

      (a) If the Department or the Commission on Special License Plates determines not to issue the special license plate; or

      (b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 8. NRS 482.367004 is hereby amended to read as follows:

      482.367004  1.  There is hereby created the Commission on Special License Plates consisting of five Legislators and three nonvoting members as follows:

      (a) Five Legislators appointed by the Legislative Commission:

             (1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

 


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Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

             (2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

      (b) Three nonvoting members consisting of:

             (1) The Director of the Department of Motor Vehicles, or a designee of the Director.

             (2) The Director of the Department of Public Safety, or a designee of the Director.

             (3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.

      2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

      3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

      4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

      5.  The Commission shall approve or disapprove:

      (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;

      (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and

      (c) Except as otherwise provided in subsection 6, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.

Ê In determining whether to approve such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. The Commission shall consider each application in the chronological order in which the application was received by the Department.

      6.  The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3785 or 482.3787 [.] or section 1 of this act.

      7.  The Commission shall:

      (a) Approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

      (b) If it approves a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.

 


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ê2013 Statutes of Nevada, Page 2552 (Chapter 439, AB 24)ê

 

      Sec. 9. NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945; and

      (c) Except for a license plate that is issued pursuant to NRS 482.3785 or 482.3787, or section 1 of this act, a license plate that [:

             (1) Is] is approved by the Legislature after July 1, 2005 . [; and

             (2) Differs substantially in design from the license plates that are described in subsection 1 of NRS 482.270.]

      2.  Notwithstanding any other provision of law to the contrary, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been approved by the Commission on Special License Plates pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval.

      3.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      4.  [Except as otherwise provided in subsection 6, if,] If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or

      (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

Ê the Director shall provide notice of that fact in the manner described in subsection 5.

      5.  The notice required pursuant to subsection 4 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

 


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ê2013 Statutes of Nevada, Page 2553 (Chapter 439, AB 24)ê

 

      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

      6.  If, on December 31 of the same year in which notice was provided pursuant to subsections 4 and 5, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or

      (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

Ê the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

      Sec. 10. NRS 482.36705 is hereby amended to read as follows:

      482.36705  1.  Except as otherwise provided in subsection 2:

      (a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.

      (b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.

      (c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates approves the application for the authorized plate pursuant to NRS 482.367004.

      2.  The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3785 or 482.3787 [.] or section 1 of this act.

      Sec. 11. NRS 482.3672 is hereby amended to read as follows:

      482.3672  1.  An owner of a motor vehicle who is a resident of this State and who is regularly employed or engaged as an editor, reporter or photographer by a newspaper or television or radio station may, upon signed application on a form prescribed and provided by the Department, accompanied by:

      (a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and

      (b) A letter from the news director, editor or publisher of the periodical or station by whom the person is employed,

 


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ê2013 Statutes of Nevada, Page 2554 (Chapter 439, AB 24)ê

 

Ê be issued license plates upon which is inscribed PRESS with [three consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.

      2.  Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck.

      3.  When a person to whom special license plates have been issued pursuant to this section leaves the service of the newspaper or station which has provided the letter required by subsection 1, the person shall surrender any special plates he or she possesses to the Department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the Department.

      4.  The Department may adopt regulations governing the issuance of special license plates to members of the press.

      5.  Special license plates issued pursuant to this section are renewable upon the payment of $10.

      Sec. 12. NRS 482.3675 is hereby amended to read as follows:

      482.3675  1.  An owner of a motor vehicle who is a United States citizen or a citizen of a foreign country residing in this State and who holds from a foreign country a letter of appointment as an honorary consul may, upon signed application on a form prescribed and provided by the Department, accompanied by:

      (a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and

      (b) A copy of the letter of appointment from that country,

Ê be issued a set of license plates upon which is inscribed CONSULAR CORPS with [three consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.

      2.  Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck.

      3.  When a person to whom special license plates have been issued pursuant to this section loses his or her status as an honorary consul, the person shall surrender any special plates he or she possesses to the Department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the Department.

      4.  The Department may adopt regulations governing the issuance of special license plates to honorary consuls of foreign countries. The Department shall include on the form for application a notice to the applicant that the issuance of such license plates does not confer any diplomatic immunity.

      5.  Special license plates issued pursuant to this section are renewable upon the payment of $10.

      Sec. 13. NRS 482.3755 is hereby amended to read as follows:

      482.3755  1.  An owner of a motor vehicle who is a resident of this State and is a member of the Nevada Wing of the Civil Air Patrol may, upon application on a form prescribed and furnished by the Department, signed by the member and his or her commanding officer and accompanied by proof of membership, be issued license plates upon which is inscribed “CIVIL AIR PATROL” with [four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.

 


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ê2013 Statutes of Nevada, Page 2555 (Chapter 439, AB 24)ê

 

The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The annual fee for a renewal sticker is $10.

      2.  Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.

      3.  Any member of the Nevada Wing of the Civil Air Patrol who retires or is honorably discharged may retain any license plates issued to the member pursuant to subsection 1. If a member is dishonorably discharged, he or she shall surrender any of these special plates in his or her possession to the Department at least 10 days before the member’s discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.

      Sec. 14. NRS 482.376 is hereby amended to read as follows:

      482.376  1.  An owner of a motor vehicle who is a resident of this State and is an enlisted or commissioned member of the Nevada National Guard may, upon application on a form prescribed and furnished by the Department, signed by the member and his or her commanding officer and accompanied by proof of enlistment, be issued license plates upon which is inscribed NAT’L GUARD with [four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director. The applicant shall comply with the laws of this State concerning motor vehicles, including the payment of the regular registration fees, as prescribed by this chapter. There is an additional fee of $5 for the issuance of those plates.

      2.  Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.

      3.  Any member of the Nevada National Guard other than the Adjutant General, who retires or is honorably discharged may retain any license plates issued to the member pursuant to subsection 1. The Adjutant General shall surrender any license plates issued to him or her as Adjutant General to the Department when he or she leaves office, and may then be issued special license plates as described in subsection 1. If a member is dishonorably discharged, the member shall surrender any of these special plates in his or her possession to the Department at least 10 days before the member’s discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.

      Sec. 15. NRS 482.3765 is hereby amended to read as follows:

      482.3765  1.  A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to specially designed license plates inscribed with the words “PEARL HARBOR VETERAN” or “PEARL HARBOR SURVIVOR,” at the option of the veteran, and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant.

 


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ê2013 Statutes of Nevada, Page 2556 (Chapter 439, AB 24)ê

 

must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of their status as a survivor required by the Department.

      4.  If, during a registration year, the holder of a set of special license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      5.  The fee for a set of special license plates issued pursuant to this section is $25, in addition to all other applicable registration and license fees and governmental services taxes. The annual fee for a renewal sticker for a set of special license plates issued pursuant to this section is $5.

      Sec. 16. NRS 482.377 is hereby amended to read as follows:

      482.377  1.  A veteran of the Armed Forces of the United States who, as a result of his or her service:

      (a) Has suffered a 100-percent service-connected disability and who receives compensation from the United States for the disability is entitled to specially designed license plates inscribed with the words “DISABLED VETERAN,” “DISABLED FEMALE VETERAN” or “VETERAN WHO IS DISABLED,” at the option of the veteran, and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.

      (b) Has been captured and held prisoner by a military force of a foreign nation is entitled to specially designed license plates inscribed with the words “EX PRISONER OF WAR” and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of disability or former imprisonment required by the Department.

      4.  A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

      5.  If, during a registration year, the holder of a set of special license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:

 


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ê2013 Statutes of Nevada, Page 2557 (Chapter 439, AB 24)ê

 

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 17. NRS 482.3812 is hereby amended to read as follows:

      482.3812  1.  Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not later than 1948.

      2.  License plates issued pursuant to this section must be inscribed with the words “STREET ROD” and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.

      3.  If, during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

      5.  In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

      6.  Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.

      Sec. 18. NRS 482.3814 is hereby amended to read as follows:

      482.3814  1.  Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not earlier than 1949, but at least 20 years before the application is submitted to the Department.

      2.  License plates issued pursuant to this section must be inscribed with the words “CLASSIC ROD” and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.

      3.  If, during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

 


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ê2013 Statutes of Nevada, Page 2558 (Chapter 439, AB 24)ê

 

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

      5.  In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

      6.  Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.

      Sec. 19. NRS 482.3816 is hereby amended to read as follows:

      482.3816  1.  Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less;

      (b) Manufactured at least 25 years before the application is submitted to the Department; and

      (c) Containing only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts.

      2.  License plates issued pursuant to this section must be inscribed with the words “CLASSIC VEHICLE” and [three or four consecutive numbers.] a number of characters, including numbers and letters, as determined necessary by the Director.

      3.  If, during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

      5.  In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

      6.  Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.

      Sec. 20. NRS 482.3824 is hereby amended to read as follows:

      482.3824  1.  Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, and for which additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:

 


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ê2013 Statutes of Nevada, Page 2559 (Chapter 439, AB 24)ê

 

additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:

      (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

             (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

             (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

      (b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

      2.  If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, “fees” does not include any applicable registration or license fees or governmental services taxes.

      3.  As used in this section:

      (a) “Additional fees” has the meaning ascribed to it in NRS 482.38273.

      (b) “Charitable organization” means a particular cause, charity or other entity that receives money from the imposition of additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The term includes the successor, if any, of a charitable organization.

      Sec. 21. NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration.............................................................. $5.00

For every substitute number plate or set of plates.............................. 5.00

For every duplicate number plate or set of plates............................. 10.00

For every decal displaying a county name............................................. .50

For every other decal, license plate sticker or tab............................... 5.00

 


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ê2013 Statutes of Nevada, Page 2560 (Chapter 439, AB 24)ê

 

      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3818, inclusive, and section 1 of this act, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

      3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

      4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of duplicating the plates and manufacturing the decals.

      Sec. 22.  Notwithstanding the provisions of subsection 6 of section 1 of this act, the report of revenues and associated expenditures that is required to be submitted to the Director of the Legislative Counsel Bureau pursuant to those provisions must be submitted by the Nevada Sesquicentennial Commission, established by the Governor pursuant to executive order, for the period from the effective date of this act through January 1, 2015.

      Sec. 23.  This act becomes effective upon passage and approval.

________

CHAPTER 440, AB 153

Assembly Bill No. 153–Assemblymen Hardy, Hambrick; Ellison, Fiore, Grady, Livermore and Wheeler

 

CHAPTER 440

 

[Approved: June 10, 2013]

 

AN ACT relating to alcoholic beverages; providing for the licensing and operation of craft distilleries in this State; setting forth the conditions under which spirits manufactured at such craft distilleries may be sold; removing the limitation on the number of barrels of malt beverages that an operator of one or more brew pubs may manufacture in any calendar year; requiring certain notice to be provided for bulk sales of liquor; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides for the operation of brew pubs and instructional wine-making facilities. (NRS 597.230, 597.245) Under existing law, facilities such as brew pubs and instructional wine-making facilities must be licensed, a fee is imposed for the license, and a person who engages in business in this State without having the appropriate permit or license for the business is guilty of a misdemeanor. (NRS 360.490, 369.180, 369.300) Sections 1, 2-4 and 6-8 of this bill: (1) authorize the operation of craft distilleries in Nevada; (2) set forth the permissible scope of operation for those craft distilleries; (3) require that the craft distilleries be licensed; and (4) impose a licensing fee of $75.

 


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ê2013 Statutes of Nevada, Page 2561 (Chapter 440, AB 153)ê

 

      Existing law prohibits a supplier of malt beverages, distilled spirits and wines from unilaterally terminating or refusing to continue a franchise with a wholesaler or causing a wholesaler to resign from a franchise without first establishing good cause. (NRS 597.160) Section 1.5 of this bill revises an exception to that provision so that suppliers who sell less than 2,000 rather than 2,500 barrels of malt beverage in any calendar year are excluded from that requirement.

      Existing law prohibits a person who operates one or more brew pubs in a county whose population is 700,000 or more (currently Clark County) from manufacturing more than 15,000 barrels of malt beverages for all the brew pubs the person operates in that county in any calendar year. Additionally, a person who operates one or more brew pubs in a county whose population is less than 700,000 (currently all counties other than Clark County) is prohibited from manufacturing more than 5,000 barrels of malt beverages for all the brew pubs the person operates in that county in any calendar year. (NRS 597.230) Section 4.5 of this bill provides that a person who operates one or more brew pubs in any county is prohibited from manufacturing more than 15,000 barrels of malt beverages for all the brew pubs the person operates in any calendar year.

      Section 5.5 of this bill requires a retailer of intoxicating liquors to provide certain advance notice to certain wholesalers of a bulk sale or transfer of liquor which is not in the ordinary course of the retailer’s business.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person may operate a craft distillery if the person:

      (a) Obtains a license for the facility pursuant to chapter 369 of NRS;

      (b) Complies with the requirements of this chapter; and

      (c) Complies with any other applicable governmental requirements.

      2.  A person who operates a craft distillery pursuant to this section may:

      (a) In addition to manufacturing spirits from agricultural raw materials through distillation, blend, age, store and bottle the spirits so manufactured. The person operating the craft distillery shall ensure that none of the spirits manufactured at the craft distillery are derived from neutral or distilled spirits manufactured by another manufacturer.

      (b) In any calendar year, sell and transport in Nevada not more than a combined total of 10,000 cases of spirits at all the craft distilleries the person operates to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.

      (c) In any calendar year, manufacture for exportation to another state, not more than a combined total of 20,000 cases of spirits at all the craft distilleries the person operates.

      (d) On the premises of the craft distillery, serve samples of the spirits manufactured at the craft distillery. Any such samples must not exceed, per person, per day, 2 fluid ounces in volume.

      (e) On the premises of the craft distillery, sell the spirits manufactured at the craft distillery at retail for consumption on or off the premises. Any such spirits sold at retail for off-premises consumption must not exceed, per person, per month, 2 bottles of spirits.

 


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ê2013 Statutes of Nevada, Page 2562 (Chapter 440, AB 153)ê

 

per person, per month, 2 bottles of spirits. Spirits purchased on the premises of a craft distillery must not be resold by the purchaser or any retail liquor store.

      3.  As used in this section:

      (a) “Bottle of spirits” means a bottle containing 750 milliliters of distilled spirits.

      (b) “Case of spirits” means 12 bottles of spirits.

      Sec. 1.5. NRS 597.160 is hereby amended to read as follows:

      597.160  1.  Except as otherwise provided in subsection 4, if more than one franchise for the same brand or brands of malt beverages, distilled spirits and wines, or all of them, is granted to different wholesalers in this state, it is a violation of NRS 597.120 to 597.180, inclusive, for any supplier to discriminate between such wholesalers with respect to any of the terms, provisions and conditions of these franchises.

      2.  Except as otherwise provided in this subsection and notwithstanding the terms, provisions or conditions of any franchise, a supplier shall not unilaterally terminate or refuse to continue any franchise with a wholesaler or cause a wholesaler to resign from that franchise unless the supplier has first established good cause for that termination, noncontinuance or causing of that resignation. This subsection does not apply to a supplier who sells less than [2,500] 2,000 barrels of malt beverages, less than 250 cases of distilled spirits or less than 2,000 cases of wine in this state in any calendar year, or who operates a winery pursuant to NRS 597.240.

      3.  A wholesaler may, within 60 days after he or she receives a notice required pursuant to NRS 597.155, correct any failure to comply with the terms, provisions and conditions of the franchise alleged by the supplier.

      4.  Unless otherwise specified by contract between the supplier and wholesaler, a supplier shall not grant more than one franchise to a wholesaler for any brand of alcoholic beverage in a marketing area.

      Sec. 2. NRS 597.200 is hereby amended to read as follows:

      597.200  As used in NRS 597.190 to 597.250, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Alcoholic beverage” means any malt beverage or spirituous, vinous or malt liquor which contains 1 percent or more ethyl alcohol by volume.

      2.  “Brew pub” means an establishment which manufactures malt beverages and sells those malt beverages at retail pursuant to the provisions of NRS 597.230.

      3.  “Craft distillery” means an establishment which:

      (a) Manufactures distilled spirits from agricultural raw materials through distillation; and

      (b) Is authorized to sell those distilled spirits pursuant to the provisions of this chapter.

      4.  “Distillation” means the process of producing or purifying spirituous liquor by successive evaporation and condensation.

      5.  “Engage in” includes participation in a business as an owner or partner, or through a subsidiary, affiliate, ownership equity or in any other manner.

      [4.] 6.  “Instructional wine-making facility” means an instructional wine-making facility operated pursuant to NRS 597.245.

      [5.] 7.  “Legal age” means the age at which a person is legally permitted to purchase an alcoholic beverage pursuant to NRS 202.020.

 


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ê2013 Statutes of Nevada, Page 2563 (Chapter 440, AB 153)ê

 

      [6.] 8.  “Malt beverage” means beer, ale, porter, stout and other similar fermented beverages of any name or description, brewed or produced from malt, wholly or in part.

      [7.] 9.  “Supplier” has the meaning ascribed to it in NRS 597.140.

      [8.] 10.  “Wine” has the meaning ascribed to it in NRS 369.140.

      Sec. 3. NRS 597.210 is hereby amended to read as follows:

      597.210  1.  Except as otherwise provided in subsection 2 and NRS 597.240, a person engaged in business as a supplier or engaged in the business of manufacturing, blending or bottling alcoholic beverages within or without this State shall not [engage] :

      (a) Engage in the business of importing, wholesaling or retailing alcoholic beverages [.] ; or

      (b) Operate or otherwise locate his or her business on the premises or property of another person engaged in the business of importing, wholesaling or retailing alcoholic beverages.

      2.  This section does not:

      (a) Preclude any person engaged in the business of importing, wholesaling or retailing alcoholic beverages from owning less than 2 percent of the outstanding ownership equity in any organization which manufactures, blends or bottles alcoholic beverages.

      (b) Prohibit a person engaged in the business of rectifying or bottling alcoholic beverages from importing neutral or distilled spirits in bulk only for the express purpose of rectification pursuant to NRS 369.415.

      (c) Prohibit a person from operating a brew pub pursuant to NRS 597.230.

      (d) Prohibit a person from operating an instructional wine-making facility pursuant to NRS 597.245.

      (e) Prohibit a person from operating a craft distillery pursuant to section 1 of this act.

      Sec. 4. NRS 597.220 is hereby amended to read as follows:

      597.220  1.  [Any] Except as otherwise provided in section 1 of this act, a person who is engaged in the business of importing or wholesaling alcoholic beverages in the State of Nevada shall not engage in the business of retailing alcoholic beverages in this state.

      2.  For the purposes of this section, a person who transfers or receives alcoholic beverages in the manner described in NRS 369.4865 must not be considered to be engaged in the business of wholesaling alcoholic beverages based solely upon those transfers.

      Sec. 4.5. NRS 597.230 is hereby amended to read as follows:

      597.230  1.  In [a county whose population is 700,000 or more,] any county, a person may operate a brew pub:

      (a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685, inclusive;

      (b) In any historic district established in that county pursuant to NRS 384.005;

      (c) In any retail liquor store as that term is defined in NRS 369.090; or

      (d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.

Ê A person who operates one or more brew pubs may not manufacture more than 15,000 barrels of malt beverages for all the brew pubs he or she operates in that county in any calendar year.

 


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ê2013 Statutes of Nevada, Page 2564 (Chapter 440, AB 153)ê

 

      2.  [In a county whose population is less than 700,000, a person may operate a brew pub:

      (a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685, inclusive;

      (b) In any historic district established in that county pursuant to NRS 384.005;

      (c) In any retail liquor store as that term is defined in NRS 369.090; or

      (d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.

Ê A person who operates one or more brew pubs may not manufacture more than 5,000 barrels of malt beverages for all brew pubs he or she operates in that county in any calendar year.

      3.]  The premises of any brew pub operated pursuant to this section must be conspicuously identified as a “brew pub.”

      [4.]3.  A person who operates a brew pub pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other applicable governmental requirements:

      (a) Manufacture and store malt beverages on the premises of the brew pub and:

             (1) Sell and transport the malt beverages manufactured on the premises to a person holding a valid wholesale wine and liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS.

             (2) Donate for charitable or nonprofit purposes and transport the malt beverages manufactured on the premises in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

      (b) Sell at retail malt beverages manufactured on or off the premises of the brew pub for consumption on the premises.

      (c) Sell at retail in packages sealed on the premises of the brew pub, malt beverages, including malt beverages in unpasteurized form, manufactured on the premises for consumption off the premises.

      Sec. 5. NRS 597.250 is hereby amended to read as follows:

      597.250  The license of any person who violates the provisions of NRS 597.210, 597.220, 597.230 or 597.245 or section 1 of this act must be suspended or revoked in the manner provided in chapter 369 of NRS.

      Sec. 5.5. Chapter 369 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A retailer who intends to make a bulk sale of liquor shall, at least 30 days before the proposed bulk sale, provide notice to:

      (a) A wholesaler who currently sells liquor to the retailer; and

      (b) A wholesaler who has sold liquor to the retailer within the immediately preceding 12 months.

      2.  The notice provided pursuant to subsection 1 must state:

      (a) That a sale of liquor which may constitute a bulk sale will be made;

      (b) The prospective date of the bulk sale;

      (c) The individual, partnership or corporate names and addresses of the retailer and the purchaser of the bulk sale; and

 


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ê2013 Statutes of Nevada, Page 2565 (Chapter 440, AB 153)ê

 

      (d) The address to which inquiries about the bulk sale may be made, if different from the retailer’s address.

      3.  If the retailer owes a debt to the wholesaler associated with the purchase of the liquor that will be sold or transferred through the bulk sale, the notice provided pursuant to subsection 1 must be accompanied by:

      (a) A signed affidavit of the retailer which states that the debt owed to the wholesaler will be paid by the retailer to the wholesaler from the proceeds of the bulk sale; or

      (b) A signed assumption of the debt by the purchaser of the bulk sale, assuming all the debt owed by the retailer to the wholesaler.

      4.  Any bulk sale subject to the provisions of this section is void if the retailer fails to satisfy the requirements of subsection 2 or 3, as applicable.

      5.  As used in this section, “bulk sale” means the sale or transfer to a purchaser in bulk, and not in the ordinary course of the retailer’s business, of 50 percent or more of the liquor sold by a wholesaler to the retailer and in the retailer’s possession.

      Sec. 6. NRS 369.180 is hereby amended to read as follows:

      369.180  1.  In addition to the limitations imposed by NRS 597.210 and 597.220, a person shall not:

      (a) Import liquors into this State unless the person first secures an importer’s license or permit from this State.

      (b) Engage in business as a wholesale dealer of wines and liquors in this State unless the person first secures a wholesale wine and liquor dealer’s license from this State.

      (c) Engage in business as a wholesale dealer of beer in this State unless the person first secures a wholesale beer dealer’s license from this State.

      (d) Operate a winery in this State or export wine from this State unless the person first secures a wine-maker’s license from this State.

      (e) Operate an instructional wine-making facility in this State unless the person first secures a license for the instructional wine-making facility from this State.

      (f) Operate a brewery in this State unless the person first secures a brewer’s license from this State.

      (g) Operate a brew pub in this State unless the person first secures a brew pub’s license from this State.

      (h) Operate a craft distillery in this State unless the person first secures a craft distiller’s license from this State.

      2.  A person who holds a license for an instructional wine-making facility:

      (a) May engage in any activity authorized by NRS 597.245.

      (b) May not engage in any other activity for which a license is required pursuant to this chapter, unless the person holds the appropriate license for that activity.

      3.  A person who holds a license for a craft distillery:

      (a) May engage in any activity authorized by section 1 of this act.

      (b) May not engage in any other activity for which a license is required pursuant to this chapter, unless the person holds the appropriate license for that activity.

      4.  As used in this section:

      (a) “Brew pub” has the meaning ascribed to it in NRS 597.200.

      (b) “Brewery” means an establishment which manufactures malt beverages but does not sell those malt beverages at retail.

 


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ê2013 Statutes of Nevada, Page 2566 (Chapter 440, AB 153)ê

 

      (c) “Craft distillery” has the meaning ascribed to it in NRS 597.200.

      (d) “Malt beverage” has the meaning ascribed to it in NRS 597.200.

      Sec. 7. NRS 369.300 is hereby amended to read as follows:

      369.300  The following is a schedule of fees to be charged for licenses:

 

Importer’s wine, beer and liquor license.............................................. $500

Importer’s beer license.............................................................................. 150

Wholesale wine, beer and liquor license................................................ 250

Wholesale beer dealer’s license................................................................ 75

Wine-maker’s license.................................................................................. 75

License for an instructional wine-making facility................................... 75

Brew pub’s license...................................................................................... 75

Brewer’s license........................................................................................... 75

Craft distiller’s license.............................................................................. 75

      Sec. 8. NRS 369.382 is hereby amended to read as follows:

      369.382  Except as otherwise provided in NRS 369.386 , [and] 369.415 [,] and section 1 of this act, a supplier shall not engage in the business of importing, wholesaling or retailing alcoholic beverages in this State.

      Sec. 9.  This act becomes effective on July 1, 2013.

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CHAPTER 441, AB 464

Assembly Bill No. 464–Committee on Ways and Means

 

CHAPTER 441

 

[Approved: June 10, 2013]

 

AN ACT relating to the tax on special fuel; authorizing the Department of Motor Vehicles to establish by regulation and collect a fee from certain licensed special fuel users for the issuance of the identifying device required by the International Fuel Tax Agreement; revising provisions relating to the rate of interest to be paid by a special fuel user who fails timely to file a tax return or pay any excise tax; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Department of Motor Vehicles is a party to the International Fuel Tax Agreement, a multistate agreement which facilitates the calculation and collection of certain fuel taxes from interstate trucking companies and others who use special fuel (primarily diesel fuel) in vehicles operated or intended to operate interstate. (NRS 366.175) Under the Agreement, the state in which such vehicles are based for the purposes of vehicle registration is required annually to issue certain decals for display on each such vehicle. While the vehicle is being operated in Nevada, a licensed special fuel user is required to display the decals, termed an “identifying device” by the Nevada statute, on the exterior of the vehicle. (NRS 366.265)

      Section 1 of this bill authorizes the Department to establish by regulation a fee for the issuance of such an identifying device, in an amount not to exceed the estimated administrative costs of issuing the device. If the Department establishes the fee and issues such a device to a special fuel user whose vehicles are based in Nevada, this bill requires the Department to charge and collect the fee from the special fuel user.

 


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ê2013 Statutes of Nevada, Page 2567 (Chapter 441, AB 464)ê

 

      Section 1.5 of this bill revises the rate of interest to be paid by a special fuel user who fails to file a tax return or pay any excise tax by the date due from 1 percent per month to the rate established by the Department in accordance with the provisions of the International Fuel Tax Agreement.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 366.265 is hereby amended to read as follows:

      366.265  1.  A special fuel user who is required to hold a special fuel user’s license pursuant to the provisions of this chapter shall:

      [1.](a) If the special fuel user uses special fuel in a motor vehicle that is operated or intended to operate interstate:

      [(a)](1) Obtain an identifying device issued pursuant to a cooperative agreement entered into pursuant to NRS 366.175; and

      [(b)](2) Conspicuously display that identifying device on the exterior of the motor vehicle in such location as is required pursuant to the cooperative agreement.

      [2.](b) At any time the special fuel user is using special fuel in this State, ensure that his or her license, or a reproduction of the license that is authorized by the Department, is located in the motor vehicle.

      2.  The Department may establish by regulation a fee for the issuance of the identifying device described in subsection 1, in an amount not to exceed the estimated administrative costs of issuing the device. If the Department establishes the fee and issues such a device to a special fuel user, it shall charge and collect the fee from the special fuel user.

      Sec. 1.5. NRS 366.395 is hereby amended to read as follows:

      366.395  1.  Any special fuel user who fails to file a tax return or pay any excise tax by the date due shall pay, in addition to any tax that may be due, a delinquent filing fee of $50 and a penalty of 10 percent of the amount of tax owed, plus interest on the amount of any tax that may be due at [the] a rate [of 1 percent per month or fraction thereof,] established by the Department in accordance with the provisions of a cooperative agreement entered into pursuant to NRS 366.175, from the date the tax was due until the date of payment.

      2.  A tax return, statement or payment is considered delinquent if it is not received by the Department on or before the date the tax return, statement or payment is due, as prescribed by the provisions of this chapter.

      3.  A tax return, statement or payment shall be deemed received on the date shown by the cancellation mark stamped by the United States Postal Service or the postal service of any country upon an envelope containing the tax return, statement or payment.

      Sec. 2.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 2568ê

 

CHAPTER 442, AB 469

Assembly Bill No. 469–Committee on Ways and Means

 

CHAPTER 442

 

[Approved: June 10, 2013]

 

AN ACT making appropriations to the State Department of Conservation and Natural Resources for the replacement and maintenance of emergency response, firefighting and other critical equipment and vehicles; and providing other matters properly relating thereto.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to:

      1.  The Division of Forestry of the State Department of Conservation and Natural Resources, the sum of $1,311,065 for the replacement and maintenance of emergency response and firefighting equipment and vehicles; and

      2.  To the Department for the forestry conservation camps, the sum of $2,559,766 for the replacement of critical equipment and vehicles, including equipment and vehicles used to respond to natural disasters and needed to move crews quickly out of dangerous situations.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the State Department of Conservation and Natural Resources or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the Department or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

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

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ê2013 Statutes of Nevada, Page 2569ê

 

CHAPTER 443, AB 491

Assembly Bill No. 491–Committee on Ways and Means

 

CHAPTER 443

 

[Approved: June 10, 2013]

 

AN ACT relating to state financial administration; temporarily extending the allocation of a portion of the proceeds of the basic governmental services tax to the State General Fund; transferring certain commissions collected and penalties retained by the Department of Motor Vehicles with respect to the governmental services tax during Fiscal Year 2014-2015; temporarily increasing for Fiscal Year 2014-2015 the limitation on the percentage of the proceeds of certain fees and charges collected by the Department of Motor Vehicles that are authorized for the Department’s costs of administration associated with the collection of those fees and charges; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The State of Nevada imposes a governmental services tax for the privilege of operating any vehicle upon the public highways of this State. (NRS 371.030) The annual amount of the basic governmental services tax is 4 cents on each $1 of valuation of the vehicle, as determined by the Department of Motor Vehicles. (NRS 371.040) Existing law sets forth depreciation schedules for determining the amount of the basic governmental services tax due each year for used vehicles and establishes a minimum tax. (NRS 371.060) In 2009, the amount of the basic governmental services tax due annually was increased for used vehicles by reducing the amount of depreciation allowed and increasing the minimum tax. The revenue from these increases in the basic governmental services tax were allocated to the State General Fund until June 30, 2013, and then were required to be deposited in the State Highway Fund thereafter. (Chapter 395, Statutes of Nevada 2009, p. 2188) Section 1 of this bill extends for an additional 2 years the period during which the increases in the basic governmental services tax are allocated to the State General Fund. Therefore, those increases will be deposited in the State Highway Fund commencing on July 1, 2015.

      Under existing law, the Department of Motor Vehicles is authorized to retain a commission of 1 percent of the revenue of the governmental services tax collected by the county assessors and 6 percent of all other revenue from the governmental services tax received by the Department. (NRS 482.180) The Department is also authorized under existing law to retain any penalties collected for delinquent payment of the governmental services tax. (NRS 371.140) Section 2 of this bill transfers those commissions collected and penalties retained by the Department during Fiscal Year 2014-2015 to the State General Fund for unrestricted use.

      Under existing law, all the proceeds from the imposition of any license or registration fee and other charge regarding the operation of a motor vehicle on any public highway, road or street in Nevada, except costs of administering the collection thereof, is required to be used exclusively for the construction, maintenance and repair of the State’s public highways, roads and streets. (Nev. Const. Art. 9, § 5; NRS 408.235) Existing law limits the amount of such proceeds that are authorized to be used as costs of administration to 22 percent of the proceeds collected. (NRS 408.235) Section 3 of this bill temporarily increases this limitation on costs of administration to 32 percent during Fiscal Year 2014-2015.

 


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ê2013 Statutes of Nevada, Page 2570 (Chapter 443, AB 491)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Section 20 of chapter 395, Statutes of Nevada 2009, as amended by chapter 476, Statutes of Nevada 2011, at page 2897, is hereby amended to read as follows:

       Sec. 10.7.  Section 20 of chapter 395, Statutes of Nevada 2009, at page 2199, is hereby amended to read as follows:

      Sec. 20.  1.  This section and section 19 of this act become effective upon passage and approval.

      2.  Sections 1 and 2 of this act become effective on July 1, 2009.

      3.  Section 3 of this act becomes effective on July 1, 2009, and expires by limitation on June 30, 2011.

      4.  Sections 6 to 12, inclusive, of this act become effective on July 1, 2009, and expire by limitation on June 30, 2013.

      5.  Sections 4, 5, 13, 14, 15, 16, 17 and 18 of this act become effective:

      (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On September 1, 2009, for all other purposes.

      6.  Sections 15.5 and 18.5 of this act become effective on July 1, [2013.] 2015.

      7.  Section 18 of this act expires by limitation on June 30, [2013.] 2015.

      Sec. 2.  The State Controller shall, as soon as practicable in Fiscal Year 2014-2015:

      1.  Notwithstanding the provisions of NRS 482.180, transfer the commissions collected by the Department of Motor Vehicles pursuant to subsection 6 of NRS 482.180 in an amount not to exceed $20,813,716 in Fiscal Year 2014-2015 to the State General Fund for unrestricted State General Fund use.

      2.  Notwithstanding the provisions of NRS 371.140, transfer the penalties retained by the Department of Motor Vehicles pursuant to subsection 1 of NRS 371.140 in an amount not to exceed $4,097,964 in Fiscal Year 2014-2015 to the State General Fund for unrestricted State General Fund use.

      Sec. 3.  Notwithstanding the provisions of NRS 408.235, the costs of administration of the Department of Motor Vehicles for Fiscal Year 2014-2015 for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 32 percent of the total proceeds so collected.

      Sec. 4.  1.  This section and section 1 of this act become effective upon passage and approval.

      2.  Sections 2 and 3 of this act become effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 2571ê

 

CHAPTER 444, AB 502

Assembly Bill No. 502–Committee on Ways and Means

 

CHAPTER 444

 

[Approved: June 10, 2013]

 

AN ACT relating to education; authorizing an expenditure by the Board of Regents of the University of Nevada from the Estate Tax Account in the Endowment Fund of the Nevada System of Higher Education for the design and construction of buildings on the principal campus of the Nevada State College; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that money collected pursuant to the tax on estates and credited to the Estate Tax Account in the Endowment Fund of the Nevada System of Higher Education may be expended by the Board of Regents of the University of Nevada only upon approval of the Legislature when in regular session or the Interim Finance Committee when the Legislature is not in regular session. (NRS 375A.700, 375A.705)

      This bill authorizes the expenditure of $1,262,000 by the Board of Regents from the Estate Tax Account for the design and construction of buildings on the principal campus of the Nevada State College.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Expenditure of $1,262,000 by the Board of Regents of the University of Nevada from the Estate Tax Account in the Endowment Fund of the Nevada System of Higher Education pursuant to subsection 3 of NRS 375A.705 for the design and construction of buildings on the principal campus of the Nevada State College is hereby approved.

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

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ê2013 Statutes of Nevada, Page 2572ê

 

CHAPTER 445, AB 505

Assembly Bill No. 505–Committee on Ways and Means

 

CHAPTER 445

 

[Approved: June 10, 2013]

 

AN ACT relating to projects of capital improvement; authorizing certain expenditures by the State Public Works Board; levying a property tax to support the Consolidated Bond Interest and Redemption Fund; making appropriations; and providing other matters properly relating thereto.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Public Works Division of the Department of Administration the sum of $3,500,000 to support the Division in carrying out the program of capital improvements as summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:

 

      Description                                                               Project No.             Amount

      1.  Capital improvements for the Department of Administration:

             Exterior Finishes, Governor’s Mansion Complex 13-M52             $342,902

             Statewide ADA Program......................................... 13-S02             $192,712

             Statewide Advance Planning Program.................. 13-S04             $736,207

             Statewide Paving Program...................................... 13-S05             $454,968

             Statewide Indoor Air Quality Program.................. 13-S06             $250,520

      2.  Capital Improvements for the State Department of Conservation and Natural Resources:

             Rehabilitate Fort Museum – Old Las Vegas Mormon Fort Park   13-M53 $126,583

      3.  Capital Improvements for the Department of Corrections:

             Recondition Existing Water Tanks 2 and 4 – Indian Springs Prison Complex, Phase I    13-M42........................................................................... $382,391

      4.  Capital Improvements for the Office of Veterans Services:

             Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home   13-P07........................................................................ $1,013,717

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2017, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2017, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2017.

 


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

ê2013 Statutes of Nevada, Page 2573 (Chapter 445, AB 505)ê

 

was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2017.

      Sec. 3.  There is hereby appropriated from the State Highway Fund to the State Public Works Division of the Department of Administration the sum of $7,370,471 to support the Division in carrying out the program of capital improvements summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:

 

      Description                                                               Project No.             Amount

      1.  Capital Improvements for the Department of Administration:

             Roof Replacement – DMV Flamingo Office and Inspection Station 13-S01h  $693,374

             Parking Lot Expansion and Preventative Maintenance – DMV Flamingo Office 13-S05h     $977,071

      2.  Capital Improvements for the Department of Motor Vehicles:

             Construction of a new License Plate Factory – Adjacent to Stewart Conservation Camp    13-C03........................................................................ $3,824,612

             Design Through Construction Documents – New DMV Office in central Las Vegas (Sahara)   13-P01........................................................................ $1,875,414

      Sec. 4.  Any remaining balance of the appropriations made by section 3 of this act must not be committed for expenditure after June 30, 2017, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2017, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2017.

      Sec. 5.  The amounts appropriated pursuant to section 3 of this act from the State Highway Fund must be allocated by the State Controller as the money is required for the projects and must not be transferred to the projects from the State Highway Fund until required to make contract payments.

      Sec. 6.  Commencing on July 1, 2014, the Department of Motor Vehicles shall repay in annual installments to the State Treasurer for deposit in the State Highway Fund the cost of the project numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as Project 13-C03, Construction of a new License Plate Factory – Adjacent to Stewart Conservation Camp. Each annual installment must be equal to at least 20 percent of the total cost incurred for the project. The project must be entirely repaid on or before June 30, 2019.

      Sec. 7.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $55,505,257 for the capital improvements summarized in this section. The amount is allocated to projects numbered and identified in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:

 


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

ê2013 Statutes of Nevada, Page 2574 (Chapter 445, AB 505)ê

 

      Description                                                               Project No.             Amount

      1.  Capital Improvements for the Department of Administration:

             Compact Shelving, State Library and Archives Building – Carson City 13-C06    $672,138

             Fire/Smoke Control System Upgrades – Sawyer Office Building 13-M02 $655,178

             Mail Room HVAC System Installation – Sawyer Office Building 13-M08 $248,802

             Chilled and Hot Water Piping Replacement – Sawyer Office Building, Phase I    13-M27      $371,688

             Server Room Ventilation System Upgrades – Richard H. Bryan Building 13-M28      $38,155

             HVAC System Renovation, Buildings 6 and 107 – Stewart Complex 13-M29  $432,712

             Boiler Plant Improvements – Blasdel Building... 13-M38             $322,390

             Elevator Upgrade – Belrose Building.................. 13-M49             $275,715

             Upgrades to Compact Shelving, State Library and Archives       13-M55 $419,949

             Statewide Roofing Program.................................... 13-S01          $1,544,539

             Statewide ADA Program......................................... 13-S02          $1,423,578

             Sidewalk Replacement and Restroom Remodel – Plumb Lane Armory 13-S02g    $21,216

             Statewide Fire and Life Safety Program................ 13-S03          $2,004,423

             Fire Sprinkler Installation – Nevada National Guard Warehouse, Carson City     13-S03g     $156,190

             Statewide Energy Retrofit Program........................ 13-S08          $1,905,987

      2.  Capital Improvements for the State Department of Conservation and Natural Resources:

             Power Service Upgrade, Spring Valley State Park 13-M37        $1,418,228

      3.  Capital Improvements for the Department of Corrections:

             Repair/Upgrade Door Control Panels, High Desert State Prison – Phase I     13-M05      $863,323

             Replace Door Control Panels – Lovelock Correctional Center, Phase I 13-M06    $39,284

             Replace High-Mast Lighting, Main Electrical Loop and Switchgear – Southern Desert Correctional Center................................................................. 13-M07          $3,288,158

             Replace Boiler Burners – Ely State Prison.......... 13-M10             $672,249

             Replace Air Handling Units – Ely State Prison, Phase I 13-M11 $4,259,822

             Replace Air Handling Units – Lovelock Correctional Center       13-M12 $3,182,359

 


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ê2013 Statutes of Nevada, Page 2575 (Chapter 445, AB 505)ê

 

      Description                                                               Project No.             Amount

             Boiler Replacement – Florence McClure Women’s Correctional Center 13-M15  $1,109,507

             Replace Rooftop HVAC Units – Florence McClure Women’s Correctional Center, Phase I 13-M16........................................................................... $697,344

             HVAC System Renovation – Northern Nevada Correctional Center 13-M17  $569,195

             Chiller and Boiler Replacement, Housing Unit 2 – Warm Springs Correctional Center    13-M18........................................................................... $557,779

             Replace Toilet and Urinal Flush Valves – Ely State Prison           13-M40 $1,077,065

             Shower and Bathroom Renovations and Sealing of Exterior Expansion Joints and Painting – Florence McClure Women’s Correctional Center....... 13-M41          $1,862,660

             Exterior Building Protection – High Desert State Prison, Phase I 13-M43 $2,306,182

             Replace Culinary Flooring, Northern Nevada Correctional Center 13-M44      $415,574

             Remove and Replace Culinary and Infirmary Flooring – Ely State Prison 13-M46      $690,674

      4.  Capital Improvements for the Department of Health and Human Services:

             Replace Access Bridge – Caliente Youth Center 13-C01               $45,196

             Renovate first floor of Building No. 3 – Southern Nevada Adult Mental Health Services    13-C08........................................................................ $1,727,688

             Life Safety Upgrades – Lake’s Crossing............. 13-M01          $1,240,555

             Control Room Renovations – Lake’s Crossing.. 13-M04          $1,577,604

             Boiler Plant Improvements – Lake’s Crossing... 13-M09             $220,016

             HVAC Control System Upgrade – Desert Willow Treatment Center 13-M19  $321,259

             Replace HVAC System, Multipurpose Room – Caliente Youth Center 13-M20    $292,986

             HVAC System Renovation, Administration Building – Northern Nevada Child and Adolescent Services............................................................................ 13-M31             $228,098

             HVAC System Replacement, Buildings 1307, 1308, 1309 and 1310 – Desert Regional Center     13-M32............................................................................. $27,946

 


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ê2013 Statutes of Nevada, Page 2576 (Chapter 445, AB 505)ê

 

      Description                                                               Project No.             Amount

             Replace Emergency Generator, Buildings 1306 and 1391 – Desert Regional Center   13-M33      $1,084,429

             Replace Rooftop HVAC Units, Building 15 – Southern Nevada Child and Adolescent Services     13-M34..................................................................... $71,351

             HVAC System Renovation, Residential Buildings – Northern Nevada Child and Adolescent Services............................................................................ 13-M35               $71,064

             HVAC System Renovation, Building 603 – Sierra Regional Center 13-M36     $36,969

             Planning through Construction Documents for Sanitary Sewer Upgrades – Southern Nevada Child and Adolescent Services, Southern Nevada Adult Mental Health Services and Desert Regional Center.............................................................................. 13-P06               $40,215

      5.  Capital Improvements for the Nevada System of Higher Education:

             Deferred Maintenance – Nevada System of Higher Education    13-M57 $10,000,000

      6.  Capital Improvements for the Department of Tourism and Cultural Affairs:

             Construct New Loading Dock and Replace Freight Elevator at Nevada State Museum – Carson City  13-C05................................................................. $1,599,645

             Replace HVAC Units – Lost City Museum........ 13-M30             $207,856

      7.  Capital Improvements for the Office of Veterans Services:

             Roof Replacement, Nevada State Veterans Home 13-M56        $1,713,311

             Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home   13-P07........................................................................ $1,373,750

      8.  Capital Improvements for the Department of Wildlife:

             Radon Mitigation – Gallagher Fish Hatchery..... 13-M03             $123,256

      Sec. 8.  Any remaining balance of the allocated amounts authorized in section 7 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.

      Sec. 9.  1.  The State Board of Finance may issue the bonds authorized pursuant to section 7 of this act at the time deemed appropriate by the Board based on the schedule established for the completion of the projects described in that section.

      2.  The State Controller may advance temporarily from the State General Fund, upon the approval of the Chief of the Budget Division of the Department of Administration, to the State Public Works Division of the Department, until the date on which the bonds authorized by section 7 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 7 of this act.

 


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

ê2013 Statutes of Nevada, Page 2577 (Chapter 445, AB 505)ê

 

enumerated in section 7 of this act. The amounts temporarily advanced by the State Controller shall be made as the money is required for the projects and must not be transferred to the projects from the State General Fund until required to make contract payments. The advanced amounts must be repaid immediately to the State General Fund upon the sale of the bonds or not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.

      3.  The Chief of the Budget Division of the Department of Administration shall provide written notification to the State Controller and the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of the advance from the State General Fund to the State Public Works Division pursuant to subsection 2. The Chief of the Budget Division of the Department of Administration shall provide a reconciliation to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the advances authorized from the State General Fund and repayments to the State General Fund made during any fiscal year during the 2013-2015 biennium. The reconciliation must be provided not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.

      Sec. 10.  The State Treasurer shall transfer from the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund to the State Public Works Division of the Department of Administration the sum of $10,638,165 to support the Division in carrying out the program of capital improvements as summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:

 

      Description                                                               Project No.             Amount

      1.  Capital Improvements for the Department of Administration:

             Compact Shelving, State Library and Archives Building – Carson City 13-C06    $28,000

             Fire/Smoke Control System Upgrades – Sawyer Office Building 13-M02 $153,000

             Mail Room HVAC System Installation – Sawyer Office Building 13-M08 $40,000

             Chilled and Hot Water Piping Replacement – Sawyer Office Building, Phase I    13-M27      $223,000

             Server Room Ventilation System Upgrades – Richard H. Bryan Building 13-M28      $13,000

             HVAC System Renovation, Buildings 6 and 107 – Stewart Complex 13-M29  $98,000

             Boiler Plant Improvements – Blasdel Building... 13-M38               $85,000

             Drainage System Improvements – Governor’s Mansion Complex 13-M51      $63,568

             Upgrades to Compact Shelving, State Library and Archives       13-M55 $15,000

 


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

ê2013 Statutes of Nevada, Page 2578 (Chapter 445, AB 505)ê

 

      Description                                                               Project No.             Amount

             Design through Construction Documents for Building Upgrades – Old Las Vegas Metro Building     13-P02.................................................................... $319,207

             Planning through Schematic Design for Seismic Retrofit and Building Renovations – Carson City Armory ............................................................... 13-P03             $144,044

             Statewide Roofing Program.................................... 13-S01          $1,740,110

             Roof Replacement – Floyd Edsall Training Center 13-S01g           $36,654

             Statewide ADA Program......................................... 13-S02             $400,000

             Sidewalk Replacement and Restroom Remodel – Plumb Lane Armory 13-S02g    $34,599

             Statewide Fire and Life Safety Program................ 13-S03             $400,000

             Fire Sprinkler Installation – Nevada National Guard Warehouse, Carson City     13-S03g     $40,000

             Statewide Energy Retrofit Program........................ 13-S08             $100,000

      2.  Capital Improvements for the State Department of Conservation and Natural Resources:

             Rehabilitate Fort Museum – Old Las Vegas Mormon Fort Park   13-M53 $32,960

      3.  Capital Improvements for the Department of Corrections:

             Water Production Well – Indian Springs Prison Complex              13-C04 $166,793

             Replace Door Control Panels – Lovelock Correctional Center, Phase I 13-M06    $541,038

             Replace High-Mast Lighting, Main Electrical Loop and Switchgear – Southern Desert Correctional Center................................................................. 13-M07             $489,000

             Replace Air Handling Units – Ely State Prison, Phase I 13-M11 $612,248

             Replace Air Handling Units – Lovelock Correctional Center       13-M12 $647,807

             Underground Piping Assessment and Repair of Leaks – Lovelock Correctional Center 13-M13........................................................................... $262,259

             HVAC System Renovation – Northern Nevada Correctional Center 13-M17  $155,000

             Chiller and Boiler Replacement, Housing Unit 2 – Warm Springs Correctional Center    13-M18............................................................................. $94,000

             Replace Toilet and Urinal Flush Valves – Ely State Prison           13-M40 $169,000

             Shower and Bathroom Renovations and Sealing of Exterior Expansion Joints and Painting – Florence McClure Women’s Correctional Center....... 13-M41             $219,000

 


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ê2013 Statutes of Nevada, Page 2579 (Chapter 445, AB 505)ê

 

      Description                                                               Project No.             Amount

             Replace Culinary Flooring, Northern Nevada Correctional Center 13-M44      $63,000

             Remove and Replace Culinary and Infirmary Flooring – Ely State Prison 13-M46      $131,000

      4.  Capital Improvements for the Department of Health and Human Services:

             Replace Access Bridge – Caliente Youth Center 13-C01             $416,000

             Boiler Plant Improvements – Lake’s Crossing... 13-M09               $46,000

             HVAC Control System Upgrade – Desert Willow Treatment Center 13-M19  $64,000

             Replace HVAC System, Multipurpose Room – Caliente Youth Center 13-M20    $53,000

             HVAC System Renovation, Administration Building – Northern Nevada Child and Adolescent Services............................................................................ 13-M31               $37,000

             HVAC System Replacement, Buildings 1307, 1308, 1309 and 1310 – Desert Regional Center     13-M32............................................................................. $50,000

             Replace Emergency Generator, Buildings 1306 and 1391 – Desert Regional Center   13-M33      $195,000

             Replace Rooftop HVAC Units, Building 15 – Southern Nevada Child and Adolescent Services     13-M34..................................................................... $27,000

             HVAC System Renovation, Residential Buildings – Northern Nevada Child and Adolescent Services............................................................................ 13-M35               $18,000

             HVAC System Renovation, Building 603 – Sierra Regional Center 13-M36     $12,000

             Planning through Construction Documents for Sanitary Sewer Upgrades – Southern Nevada Child and Adolescent Services, Southern Nevada Adult Mental Health Services and Desert Regional Center.............................................................................. 13-P06             $200,000

      5.  Capital Improvements for the Nevada System of Higher Education:

             Demolition of Getchell Library – UNR.................. 13-C07             $279,007

      6.  Capital Improvements for the Department of Tourism and Cultural Affairs:

             Construct New Loading Dock and Replace Freight Elevator at Nevada State Museum – Carson City  13-C05.................................................................... $391,000

             Replace HVAC Units – Lost City Museum........ 13-M30               $52,000

 

 


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ê2013 Statutes of Nevada, Page 2580 (Chapter 445, AB 505)ê

 

      Description                                                               Project No.             Amount

      7.  Capital Improvements for the Office of Veterans Services:

             Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home   13-P07........................................................................ $1,198,924

      8.  Capital Improvements for the Department of Wildlife:

             Radon Mitigation – Gallagher Fish Hatchery..... 13-M03               $38,087

             HVAC System Renovation – Reno Wildlife Headquarters           13-M39 $44,860

      Sec. 11.  Any remaining balance of the amount transferred in section 10 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 15, 2017.

      Sec. 12.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $407,009 from the amounts authorized pursuant to section 4 of chapter 585, Statutes of Nevada 2001, at page 2995, as last amended by section 21 of chapter 373, Statutes of Nevada 2011, at page 2202, for the project numbered and described in the Executive Budget for the 2001-2003 biennium or otherwise described as Project 01-C25, Academic and student services building, NSC, to the project as authorized in subsection 2.

      2.  The State Public Works Division of the Department of Administration shall use the $407,009 transferred pursuant to subsection 1 to support the Division in carrying out the program of capital improvement for the project numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as Project 13-P05, Planning through Construction Documents, UNLV Hotel College Academic Building.

      Sec. 13.  Any remaining balance of the amount transferred in section 12 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 15, 2017.

      Sec. 14.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $1,136,031 from the amounts authorized pursuant to section 4 of chapter 398, Statutes of Nevada 2005, at page 1547, as last amended by section 23 of chapter 373, Statutes of Nevada 2011, at page 2204, from the projects identified in this subsection to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund:

 

      Description                                                               Project No.             Amount

      Las Vegas Readiness Center for Nevada National Guard 05-C13      $500,000

      Greenspun College of Urban Affairs building at UNLV 05-C16         $636,031

      2.  The State Treasurer shall transfer the $1,136,031 transferred to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund pursuant to subsection 1 to the State Public Works Division of the Department of Administration to support the Division in carrying out the program of capital improvements as summarized in this subsection.

 


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

ê2013 Statutes of Nevada, Page 2581 (Chapter 445, AB 505)ê

 

subsection. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:

 

      Description                                                               Project No.             Amount

      (a) Capital Improvements for the Office of the Military:

             Install Air Conditioning – Henderson Armory.. 13-M24             $500,000

      (b) Capital Improvements for the Nevada System of Higher Education:

             Planning through Construction Documents, UNLV Hotel College Academic Building   13-P05 $636,031

      Sec. 15.  Any remaining balance of the amount transferred in section 14 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.

      Sec. 16.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $92,000 from the amount appropriated pursuant to section 1 of chapter 398, Statutes of Nevada 2005, at page 1543, as last amended by section 22 of chapter 373, Statutes of Nevada 2011, at page 2204, for the project numbered and described in the Executive Budget for the 2005-2007 biennium or otherwise described as Project 05-C16, Greenspun College of Urban Affairs building at UNLV, to the project as authorized in subsection 2.

      2.  The State Public Works Division of the Department of Administration shall use the $92,000 transferred pursuant to subsection 1 to support the Division in carrying out the program of capital improvement for the project described in the Executive Budget for the 2013-2015 biennium or otherwise described as Project 13-P05, Planning through Construction Documents, UNLV Hotel College Academic Building.

      Sec. 17.  Any remaining balance of the amount transferred in section 16 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the State General Fund on or before September 15, 2017.

      Sec. 18.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $4,189,465 from the amounts authorized pursuant to section 3 of chapter 347, Statutes of Nevada 2007, at page 1641, as last amended by section 25 of chapter 373, Statutes of Nevada 2011, at page 2206, from the projects identified in this subsection to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund:

 

      Description                                                               Project No.             Amount

      SNWCC 400-bed expansion.......................................... 07-C03               $58,000

      ISCC 384-bed expansion and 168-bed renovation..... 07-C05               $80,000

      Furnishings, equipment and additional construction for Greenspun College of Urban Affairs Building, UNLV......................................................................... 07-C16               $69,026

      Cave Automated Virtual Environment facility at DRI – construction completion      07-C17 $3,342

 


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

ê2013 Statutes of Nevada, Page 2582 (Chapter 445, AB 505)ê

 

      Description                                                               Project No.             Amount

      Replace Campos Office Building and parking area... 07-C22               $28,000

      Life safety improvements of Bristlecone Building at WNCC               07-C24 $33,863

      Civil Support Team WMD facility in Las Vegas........ 07-C27          $3,768,234

      Door control panels and fire door replacements at SNWCC               07-M24 $59,000

      Shower and bathroom renovation at NNCC............. 07-M40               $30,000

      Surveillance cameras, NNCC and NSP....................... 07-M48               $60,000

      2.  The State Treasurer shall transfer the $4,189,465 transferred to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund pursuant to subsection 1 to the State Public Works Division of the Department of Administration to support the Division in carrying out the program of capital improvements as summarized in this subsection. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:

 

      Description                                                               Project No.             Amount

      (a) Capital Improvements for the Department of Administration:

             Statewide ADA Program......................................... 13-S02               $28,000

      (b) Capital Improvements for the Department of Corrections:

             Water Production Well – Indian Springs Prison Complex              13-C04 $287,000

             Replace Door Control Panels – Lovelock Correctional Center, Phase I 13-M06    $1,703,073

      (c) Capital Improvements for the Office of the Military:

             Air Conditioner Installation in the Server Room – Las Vegas Readiness Center 13-M21      $140,061

             Boiler Plant Improvements – Washoe County Armory 13-M22    $63,695

             Asbestos Abatement and Restoration – Henderson Armory      13-M23 $195,921

             Install Air Conditioning – Henderson Armory.. 13-M24             $207,326

             Electrical Power Upgrade – Henderson Armory 13-M25             $387,144

             Replace Man Doors – Stead Training Facility... 13-M54               $26,945

             Planning through Construction Documents for a New Facility Maintenance Shop and Remodel of Existing Field Maintenance Shop – Washoe County Armory 13-P04 $1,044,069

      (d) Capital Improvements for the Nevada System of Higher Education:

             Planning through Construction Documents, UNLV Hotel College Academic Building   13-P05 $106,231

 


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

ê2013 Statutes of Nevada, Page 2583 (Chapter 445, AB 505)ê

 

      Sec. 19.  Any remaining balance of the amount transferred in section 18 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.

      Sec. 20.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $4,060,980 from the amounts authorized pursuant to section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, from the projects identified in this subsection to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund:

 

      Description                                                               Project No.             Amount

      Retrofit Housing Unit No. 11 at High Desert State Prison to create the Southern Regional Medical Facility       09-C01...................................................................... $538

      Medical Education Learning Lab Building, UNHSS. 09-C05             $732,007

      Furnishings and equipment for Davidson Mathematics and Science Center, UNR   09-C08 $7,842

      Furnishings and equipment for the Center for Molecular Medicine, UNR 09-C09      $180,000

      Cheyenne Campus laboratory renovations and main building fire alarm, HVAC and lighting upgrades – CSN.......................................................................... 09-C23L             $869,873

      Cooling tower replacement at the State Library and Archives building 09-M01   $28,841

      West entry windbreak for the Richard H. Bryan Building 09-M03      $13,942

      Sedimentation remediation for the Marlette Lake Water System       09-M05 $150,000

      Install traffic signal at the Kyle Canyon Fire Station 09-M06             $177,093

      Cooling tower replacement for the Southern Nevada Veterans Home 09-M09      $75,419

      Arsenic treatment system at Humboldt Conservation Camp              09-M10 $60,700

      Replace doors, locks and control panels at Southern Desert Correctional Center     09-M11      $5,269

      Replace boiler #3 at Lovelock Correctional Center.. 09-M12               $38,435

      Replace boiler #2 at Southern Desert Correctional Center 09-M13       $1,054

      Temperature control upgrade for the State Library and Archives building 09-M14    $266,578

      Seismic retrofit of the Purchasing warehouse.......... 09-M15                 $9,142

      Governor’s Mansion safety and security upgrades 09-M16               $11,639

      Replace switch gear at the Nevada Youth Training Center 09-M18    $41,000

 


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ê2013 Statutes of Nevada, Page 2584 (Chapter 445, AB 505)ê

 

      Description                                                               Project No.             Amount

      Replace hot water storage tanks at the Nevada Youth Training Center 09-M20  $109,483

      Replace door controls at Northern Nevada Correctional Center        09-M26 $50,000

      Sanitary sewer upgrade at Northern Nevada Correctional Center     09-M28 $255

      NDOW Elko Office repair and pavement project..... 09-M29               $40,920

      Advance planning for Hotel College Academic Building, UNLV      09-P02a $710,000

      Statewide Roofing Program-Office of the Military... 09-S01f               $73,547

      Statewide ADA Program............................................... 09-S02               $30,441

      Statewide Fire and Life Safety Program....................... 09-S03             $146,962

      Statewide Paving Program............................................. 09-S05             $230,000

      2.  The State Treasurer shall transfer the $4,060,980 transferred to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund pursuant to subsection 1 to the State Public Works Division of the Department of Administration to support the Division in carrying out the program of capital improvements as summarized in this subsection. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:

 

      Description                                                               Project No.             Amount

      (a) Capital Improvements for the Department of Administration:

             Fire/Smoke Control System Upgrades – Sawyer Office Building 13-M02 $150,000

             Mail Room HVAC System Installation – Sawyer Office Building 13-M08 $9,142

             Server Room Ventilation System Upgrades – Richard H. Bryan Building 13-M28      $13,942

             Drainage System Improvements – Governor’s Mansion Complex 13-M51      $11,639

             Exterior Finishes, Governor’s Mansion Complex 13-M52             $266,578

             Upgrades to Compact Shelving, State Library and Archives       13-M55 $28,841

             Statewide ADA Program......................................... 13-S02               $30,441

             Statewide Fire and Life Safety Program................ 13-S03             $146,962

             Statewide Paving Program...................................... 13-S05             $230,000

      (b) Capital Improvements for the State Department of Conservation and Natural Resources:

             Power Service Upgrade, Spring Valley State Park 13-M37           $177,093

      (c) Capital Improvements for the Department of Corrections:

             Water Production Well – Indian Springs Prison Complex              13-C04 $156,251

 


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

ê2013 Statutes of Nevada, Page 2585 (Chapter 445, AB 505)ê

 

      Description                                                               Project No.             Amount

      (d) Capital Improvements for the Department of Health and Human Services:

             Replace Access Bridge – Caliente Youth Center 13-C01             $150,483

             Renovate first floor of Building No. 3 – Southern Nevada Adult Mental Health Services    13-C08........................................................................... $343,110

      (e) Capital Improvements for the Nevada System of Higher Education:

             Demolition of Getchell Library – UNR.................. 13-C07             $177,883

             Planning Through Construction Documents, UNLV Hotel College Academic Building 13-P05 $1,978,729

      (f) Capital Improvements for the Office of Veterans Services:

             Roof Replacement, Nevada State Veterans Home 13-M56             $75,419

             Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home   13-P07............................................................................. $73,547

      (g) Capital Improvements for the Department of Wildlife:

             Radon Mitigation – Gallagher Fish Hatchery..... 13-M03               $40,920

      Sec. 21.  Any remaining balance of the amount transferred in section 20 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.

      Sec. 22.  1.  The State Public Works Division of the Department of Administration shall transfer the sum of $2,365,612 from the amounts authorized pursuant to sections 1 and 7 of chapter 373, Statutes of Nevada 2011, at pages 2195 and 2198, respectively, from the projects identified in this subsection to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund:

 

      Description                                                               Project No.             Amount

      Advance Planning-Army National Guard Aviation Support Facility at Elko Airport 11-E08 $40,000

      Reno Wildlife Headquarters-Install Electrical and Sprinkler System 11-M01 $200,000

      Laxalt Building-ceiling and wall repair....................... 11-M03                 $5,000

      Evaporative media replacement-High Desert State Prison 11-M21   $331,004

      HVAC replacement-Northern Nevada Correctional Center Regional Medical Facility     11-M27      $198,522

      Replace boiler-Lovelock Correctional Center Central Plant 11-M30  $775,986

      Upgrade culinary walk-in freezer and refrigerators – Northern Nevada Correctional Center 11-M34       $200,000

 


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ê2013 Statutes of Nevada, Page 2586 (Chapter 445, AB 505)ê

 

      Description                                                               Project No.             Amount

      HVAC Renovation – Desert Regional Center Building 1300               11-M37 $80,000

      HVAC Renovation – Desert Regional Center Building 1391               11-M38 $120,000

      Statewide Fire and Life Safety Program....................... 11-S03             $415,100

      2.  The State Treasurer shall transfer the $2,365,612 transferred to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund pursuant to subsection 1 to the State Public Works Division of the Department of Administration to support the Division in carrying out the program of capital improvements as summarized in this subsection. The amount is allocated to projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:

 

      Description                                                               Project No.             Amount

      (a) Capital Improvements for the Department of Administration:

             Statewide Fire and Life Safety Program................ 13-S03             $420,100

      (b) Capital Improvements for the Department of Corrections:

             Water Production Well – Indian Springs Prison Complex              13-C04 $272,923

             Repair/Upgrade Door Control Panels, High Desert State Prison – Phase I     13-M05      $1,232,589

      (c) Capital Improvements for the Department of Health and Human Services:

             HVAC System Replacement, Buildings 1307, 1308, 1309 and 1310 – Desert Regional Center     13-M32........................................................................... $200,000

      (d) Capital Improvements for the Office of Veterans Services:

             Advance Planning through Bid Documents for a 96 Bed Northern Nevada Veterans Home      13-P07............................................................................. $40,000

      (e) Capital Improvements for the Department of Wildlife:

             HVAC System Renovation – Reno Wildlife Headquarters           13-M39 $200,000

      Sec. 23.  Any remaining balance of the amount transferred in section 22 of this act must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.

      Sec. 24.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following projects numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as follows:

 

      Description                                                               Project No.             Amount

      Replace Access Bridge – Caliente Youth Center...... 13-C01          $1,956,936

      Air Conditioner Installation in the Server Room – Las Vegas Readiness Center 13-M21      $117,993

      Boiler Plant Improvements – Washoe County Armory 13-M22        $129,537

 


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ê2013 Statutes of Nevada, Page 2587 (Chapter 445, AB 505)ê

 

      Description                                                               Project No.             Amount

      Asbestos Abatement and Restoration – Henderson Armory            13-M23 $172,848

      Install Air Conditioning – Henderson Armory......... 13-M24             $610,260

      Electrical Power Upgrade – Henderson Armory...... 13-M25             $336,621

      Power Service Upgrade, Spring Valley State Park.... 13-M37             $350,000

      Replace Man Doors – Stead Training Facility.......... 13-M54             $347,159

      HVAC System Renovation, Fleet Services Division – Carson City   13-M58 $46,890

      Design Through Construction Documents – New DMV Office in central Las Vegas (Sahara)   13-P01       $267,916

      Planning through Construction Documents, UNLV Hotel College Academic Building   13-P05 $1,725,461

      Roof Replacement – Floyd Edsall Training Center. 13-S01g               $28,587

      Sidewalk Replacement and Restroom Remodel – Plumb Lane Armory 13-S02g    $114,854

      Statewide Indoor Air Quality Program........................ 13-S06             $100,000

      Statewide Energy Retrofit Program.............................. 13-S08          $1,185,000

      Statewide Building Official Projects............................. 13-S09             $924,114

      2.  The State Public Works Division of the Department of Administration shall not execute a contract for construction of a project listed in subsection 1 that includes federal funding until the Division has determined that the federal funding for the project has been received and is available for expenditure for the project.

      Sec. 25.  The State Public Works Division of the Department of Administration shall carry out the provisions of this act as provided in chapter 341 of NRS. The Division shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.

      Sec. 26.  All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Division of the Department of Administration to expedite completion of the project.

      Sec. 27.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $1,000,000 in Fiscal Year 2013-2014 as provided in NRS 233C.225 for the program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.

      Sec. 28.  1.  The State Board of Finance shall issue $2,500,000 in general obligation bonds of the State in Fiscal Year 2013-2014 for the purpose described in:

      (a) Subsection 1 of section 2;

      (b) Subsection 2 of section 2; and

      (c) Subsection 7 of section 2,

Ê of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104.

 


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ê2013 Statutes of Nevada, Page 2588 (Chapter 445, AB 505)ê

 

      2.  The amount authorized to be issued under each paragraph of subsection 1 of this section shall equal the difference between the amount authorized to be issued for the specific purpose identified in that subsection under section 2 of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104, and the amount actually issued for that specific purpose before the effective date of this act.

      Sec. 29.  1.  The State Board of Finance shall issue $1,500,000 in general obligation bonds of the State in Fiscal Year 2013-2014 for the purpose described in section 1 of chapter 437, Statutes of Nevada 2011, at page 2638.

      2.  The amount authorized to be issued under subsection 1 of this section shall equal the difference between the amount authorized to be issued for the specific purpose identified in section 1 of chapter 437, Statutes of Nevada 2011, at page 2638, and the amount actually issued for that specific purpose before the effective date of this act.

      Sec. 30.  1.  An ad valorem tax of 15.55 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2013-2014, and an ad valorem tax of 15.55 cents on each $100 of assessed valuation is hereby levied for Fiscal Year 2014-2015. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State including the net proceeds of minerals and excluding such property as is by law exempt from taxation. Notwithstanding the provisions of NRS 361.453 to the contrary, 0.55 cents of the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

      2.  An ad valorem tax of 1.45 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2013-2014, and an ad valorem tax of 1.45 cents on each $100 of assessed valuation is hereby levied for Fiscal Year 2014-2015. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State excluding such property as is by law exempt from taxation. The proceeds of the taxes levied pursuant to this subsection must be used exclusively for the repayment of bonded indebtedness issued pursuant to the provisions of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104. Notwithstanding the provisions of NRS 361.453 to the contrary, the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

      3.  The proceeds of the taxes levied by this section are hereby appropriated in each fiscal year to the Consolidated Bond Interest and Redemption Fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the State General Fund.

      Sec. 31.  1.  On or before July 1, 2013, and July 1, 2014, the State Treasurer shall estimate the amount of proceeds of the taxes levied by section 30 of this act. If the sum of that estimate and the balance of ad valorem reserves in the Consolidated Bond Interest and Redemption Fund is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, the State Treasurer shall ask the State Controller to reserve in the State General Fund an amount which is sufficient to pay the remainder of the total obligation.

 


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

ê2013 Statutes of Nevada, Page 2589 (Chapter 445, AB 505)ê

 

General Fund an amount which is sufficient to pay the remainder of the total obligation. The State Treasurer may revise the estimate and amount reserved.

      2.  If the money in the Consolidated Bond Interest and Redemption Fund is insufficient to pay those obligations as they become due, the State Controller shall cause the money in reserve to be transferred from the State General Fund to the Consolidated Bond Interest and Redemption Fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 19, 2014, and September 18, 2015, respectively.

      3.  The State Treasurer shall report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee:

      (a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the State General Fund based upon the estimate;

      (b) The amount of money transferred from the State General Fund pursuant to subsection 2; and

      (c) The amount of money which reverts to the State General Fund pursuant to subsection 2.

      Sec. 32.  The State Board of Finance, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 77th Session of the Nevada Legislature from the proceeds of those bonds.

      Sec. 33.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized from the Consolidated Bond Interest and Redemption Fund in the amount of $157,758,106 for Fiscal Year 2013-2014, and in the amount of $152,830,221 for Fiscal Year 2014-2015.

      2.  Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program for any account within the Consolidated Bond Interest and Redemption Fund for the payment of principal, interestand related costs of issuance for securities approved by the State Legislature pursuant to the provisions of this act.

      Sec. 34.  1.  With the approval of the Interim Finance Committee, the State Public Works Division of the Department of Administration and the Nevada System of Higher Education may transfer appropriated, allocated and authorized money from one project to another within the same agency or within the Nevada System of Higher Education for those projects listed in sections 1, 3, 7, 10, 12, 14, 16, 18, 20, 22 and 35 of this act.

      2.  Transfers of money pursuant to subsection 1 to or from projects authorized in section 24, must maintain the overall ratio of appropriated, allocated and authorized money in total for those projects.

      Sec. 35.  The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 that is distributed to the Special Capital Construction Fund for Higher Education, except any amount of that money which is needed to pay the principal and interest on bonds, is appropriated to the State Public Works Division of the Department of Administration in the sum of $5,000,000 for the project numbered and described in the Executive Budget for the 2013-2015 biennium or otherwise described as project 13-M57, Deferred Maintenance, Nevada System of Higher Education.

 


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

ê2013 Statutes of Nevada, Page 2590 (Chapter 445, AB 505)ê

 

described in the Executive Budget for the 2013-2015 biennium or otherwise described as project 13-M57, Deferred Maintenance, Nevada System of Higher Education.

      Sec. 36.  Any remaining balance of the appropriation made by section 35 of this act must not be committed for expenditure after June 30, 2017, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2017, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund of origin on or before September 15, 2017.

      Sec. 37. Section 5 of chapter 398, Statutes of Nevada 2005, as last amended by section 23 of chapter 373, Statutes of Nevada 2011, at page 2204, is hereby amended to read as follows:

      Sec. 5.  1.  Except as otherwise provided in this section, any remaining balance of the allocated amounts authorized in section 4 of chapter 398, Statutes of Nevada 2005, at pages 1547 and 1548, must not be committed for expenditure after June 30, 2009, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2009.

      2.  Any remaining balance of the allocated amounts authorized in section 4 of chapter 398, Statutes of Nevada 2005, at pages 1547 and 1548, for the following projects, must not be committed for expenditure after June 30, 2011, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2011:

 

       Description                                                                              Project No.

       (a) Deferred construction of new campus library at UNR..... 05-C05

       (b) Greenspun College of Urban Affairs building at UNLV.. 05-C16

       (c) Design and construction of electrical and industrial technology Building at Great Basin College  05-C18

       (d) New classroom building on West Charleston Campus of CCSN  05-C20c

       (e) Construction of student services building addition and renovation of Frazier Hall at UNLV    05-C67L

       (f) Science and math education center at UNR..................... 05-C68L

       3.  Any remaining balance of the allocated amounts authorized in section 4 of chapter 398, Statutes of Nevada 2005, at pages 1547 and 1548, for project 05-C13, Las Vegas readiness center for Nevada National Guard, must not be committed for expenditure after [June 30, 2013,] June 30, 2015, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before [September 20, 2013.] September 18, 2015.

 


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

ê2013 Statutes of Nevada, Page 2591 (Chapter 445, AB 505)ê

 

      Sec. 38. Section 4 of chapter 347, Statutes of Nevada 2007, as last amended by section 25 of chapter 373, Statutes of Nevada 2011, at page 2206, is hereby amended to read as follows:

       Sec. 4.  1.  Except as otherwise provided in [subsection 2,] this section, any remaining balance of the allocated amounts authorized in section 3 of chapter 347, Statutes of Nevada 2007, at pages 1641 to 1644, inclusive, must not be committed for expenditure after June 30, 2011, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2011.

       2.  Any remaining balance of the allocated amounts authorized in section 3 of chapter 347, Statutes of Nevada 2007, at pages 1641 to 1644, inclusive, for the following projects, must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013:

 

       Description                                                                              Project No.

       (a) SNWCC 400-bed expansion................................................. 07-C03

       (b) ISCC 384-bed expansion and 168-bed renovation............ 07-C05

       (c) Construction of housing unit and facility expansion at SDCC 07-C07a

       (d) Furnishings, equipment and additional construction for Greenspun College of Urban Affairs Building, UNLV............................................................................................. 07-C16

       (e) Cave Automated Virtual Environment facility at DRI-construction completion  07-C17

       (f) Replace Campos Office Building and parking area............ 07-C22

       (g) Life safety improvements of Bristlecone Building at WNCC 07-C24

       (h) Civil Support Team WMD facility in Las Vegas............... 07-C27

       (i) [Door control panels and fire door replacements at SNWCC 07-M24

       (j) Shower and bathroom renovation at NNCC...................... 07-M40

       (k) Surveillance cameras, NNCC and NSP.............................. 07-M48

       (l)] Southern Nevada Veterans’ Cemetery expansion - planning 07-P05

       3.  Any remaining balance of the allocated amounts authorized in section 3 of chapter 347, Statutes of Nevada 2007, at page 1641, for the following projects, must not be committed for expenditure after June 30, 2015, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2015:

 

       Description                                                                            Project No.

       (a) Door control panels and fire door replacements at SNWCC 07-M24

       (b) Shower and bathroom renovation at NNCC................ 07-M40

       (c) Surveillance cameras, NNCC and NSP......................... 07-M48

 


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

ê2013 Statutes of Nevada, Page 2592 (Chapter 445, AB 505)ê

 

      Sec. 39. Section 2 of chapter 440, Statutes of Nevada 2009, at page 2458, is hereby amended to read as follows:

       Sec. 2.  [Any]

       1.  Except as otherwise provided in subsections 2 and 3, any remaining balance of the allocated amounts authorized in section 1 of [this act] chapter 440, Statutes of Nevada 2009, at page 2456, must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013.

       2.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the following projects, must not be committed for expenditure after June 30, 2015, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2015:

 

       Description                                                                            Project No.

       (a) Complete permanent exhibit construction – Las Vegas Springs Preserve Museum   09-C04

       (b) Medical Education Learning Lab Building, UNHSS. 09-C05

       (c) Field maintenance shop facility at the Las Vegas Readiness Center   09-C13

       (d) New readiness center – North Las Vegas....................... 09-C14

       (e) New Elko County Readiness Center............................... 09-C15

       (f) Southern Nevada Veterans Cemetery expansion.......... 09-C18

       (g) Water supply backflow prevention for the Bradley Building and Stewart Facility   09-M02a

       (h) Well replacement at the Nevada Youth Training Center 09-M08

       (i) Sewage dump station upgrade at Stewart Conservation Camp 09-M32

       3.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the following project, must not be committed for expenditure after June 30, 2014, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 19, 2014:

 

       Description                                                                            Project No.

Statewide Advance Planning Program......................................... 09-S04

      Sec. 40.  This act becomes effective upon passage and approval.

________

 

 

 

 

 


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

ê2013 Statutes of Nevada, Page 2593ê

 

CHAPTER 446, AB 507

Assembly Bill No. 507–Committee on Ways and Means

 

CHAPTER 446

 

[Approved: June 10, 2013]

 

AN ACT relating to state financial administration; making appropriations from the State General Fund and the State Highway Fund for the support of the civil government of the State of Nevada for the 2013-2015 biennium; providing for the use of the money so appropriated; making various other changes relating to the financial administration of the State; and providing other matters properly relating thereto.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The sums set forth in sections 2 to 31, inclusive, of this act are hereby appropriated from the State General Fund for the purposes expressed in those sections, and for the support of the government of the State of Nevada for Fiscal Year 2013-2014 and Fiscal Year 2014-2015.

 

                                                                                           2013-2014             2014-2015

      Sec. 2.  The Office and Mansion of the Governor.

             For the support of the:

                   Office of the Governor....................           $2,232,955            $2,259,083

                   Governor’s Mansion.......................                345,240                 347,823

                   High Level Nuclear Waste.............                675,794                 678,105

                   Energy Conservation......................                115,774                        100

      Sec. 3.  The Office of Lieutenant Governor.

             For the support of the Office of the Lieutenant Governor                           $494,211    $508,152

      Sec. 4.  The Office of Attorney General.

             For the support of the:

                   Attorney General Administration Account                        $14,041,814 $14,612,188

                   Special Litigation Account............                229,085                 229,085

                   Medicaid Fraud Control Unit.........                       100                        100

                   Crime Prevention Program..............                227,807                 233,943

                   Office of the Extradition Coordinator                                         512,561 514,510

                   Bureau of Consumer Protection....                622,415                 625,303

                   Advisory Council for Prosecuting Attorneys                                 100 100

      Sec. 5.  The Office of Secretary of State.

             For the support of the:

                   Office of the Secretary of State.....         $13,288,785          $13,945,557

                   HAVA Election Reform..................                       100                        100

 


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

ê2013 Statutes of Nevada, Page 2594 (Chapter 446, AB 507)ê

 

                                                                                           2013-2014             2014-2015

      Sec. 6.  The Office of State Treasurer.

             For the support of the Office of the State Treasurer                    $741,099 $721,515

      Sec. 7.  The Office of State Controller.

             For the support of the Office of the State Controller                 $4,427,566 $4,369,629

      Sec. 8.  Department of Administration.

             For the support of the:

                   Budget and Planning Division......           $3,874,600            $4,370,153

                   Division of Internal Audits............             1,236,708              1,259,557

                   Merit Award Board.........................                    1,100                     1,100

                   National Judicial College and National College of Juvenile and Family Justice          130,430........................................ 130,430

                   Special Appropriations...................                200,000                 200,000

                   Nevada State Library......................             2,939,511              2,943,348

                   Archives and Records....................             1,102,875              1,102,803

                   Public Works Division - Facility Condition and Analysis                    272,104      270,927

                   Fleet Services Capital Purchases..             4,144,306                 405,080

      Sec. 9.  Department of Taxation.

             For the support of the Department of Taxation                        $25,431,173 $26,261,393

      Sec. 10.  Legislative Fund.

             For the support of the:

                   Legislative Commission..................              $278,234               $138,744

                   Audit Division.................................             3,335,655              3,323,452

                   Administrative Division.................             8,991,646              9,247,337

                   Legal Division..................................             8,460,053              8,355,929

                   Research Division...........................             4,713,951              4,601,070

                   Fiscal Analysis Division................             3,613,051              3,594,868

                   Interim Legislative Operations......                633,315                 633,802

      Sec. 11.  Supreme Court of Nevada.

             For the support of the:

                   Supreme Court of Nevada..............           $4,726,541            $4,800,021

                   Supreme Court Law Library...........             1,615,920              1,634,197

                   Judicial Programs and Services Division                                   679,636 697,022

                   Judicial Retirement System State Share                                  2,037,650 2,037,650

                   Senior Justice and Senior Judge Program                                  967,995 966,600

                   Judicial Selection.............................                  18,270                   18,270

                   State Judicial Elected Officials.......           21,073,223            21,378,512

      Sec. 12.  Commission on Judicial Discipline.

             For the support of the Commission on Judicial Discipline                          $647,511    $643,129

 


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

ê2013 Statutes of Nevada, Page 2595 (Chapter 446, AB 507)ê

 

                                                                                           2013-2014             2014-2015

      Sec. 13.  Governor’s Office of Economic Development.

             For the support of the:

                   Governor’s Office of Economic Development                     $7,899,539 $6,906,084

                   Rural Community Development....                160,034                 163,764

                   Procurement Outreach Program....                111,652                 113,810

                   Nevada Catalyst Fund....................                           0              1,500,000

                   Nevada Knowledge Fund..............             5,000,000              5,000,000

      Sec. 14.  Department of Tourism and Cultural Affairs.

             For the support of the:

                   Museums and History Administration                                    $179,260 $178,687

                   Nevada Historical Society, Reno..                245,116                 244,126

                   Nevada State Museum, Carson City                                          668,373 672,899

                   Nevada State Museum, Las Vegas                                             649,406 656,549

                   Lost City Museum...........................                177,201                 172,378

                   Nevada State Railroad Museums..                442,208                 449,363

                   Nevada Arts Council......................                537,513                 534,381

                   Nevada Humanities.........................                  50,000                   50,000

                   Nevada Indian Commission...........                189,600                 188,442

      Sec. 15.  Department of Education.

             For the support of the:

                   Education State Programs..............           $4,043,044            $4,285,666

                   Career and Technical Education...                688,233                 688,233

                   Teacher Education and Licensing                       100                        100

                   Continuing Education.....................                661,861                 661,861

                   Individuals with Disabilities Education Act                                     100 100

                   Proficiency Testing.........................             6,732,044              6,518,000

                   Educator Effectiveness...................                150,000                 170,000

      Sec. 16.  State Public Charter School Authority.

             For the support of the:

                   Public Charter School Loan Program                                        $750,000 $0

      Sec. 17.  Nevada System of Higher Education.

             For the support of the:

                   System Administration...................           $4,589,482            $4,653,275

                   Performance Funding Pool.............                           0            18,926,196

                   State-Funded Perkins Loan............                  35,793                   35,793

                   System Computing Center.............           16,567,790            16,870,709

 


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

ê2013 Statutes of Nevada, Page 2596 (Chapter 446, AB 507)ê

 

                                                                                           2013-2014             2014-2015

                   University Press..............................              $397,206               $406,989

                   Special Projects................................             1,958,206              1,974,778

                   Business Center North...................             1,805,573              1,829,353

                   Business Center South...................             1,610,511              1,642,847

                   University of Nevada, Reno..........           88,942,197            86,741,795

                    UNR – Intercollegiate Athletics....             4,952,507              4,972,752

                   UNR – Statewide Programs............             7,018,477              7,364,608

                   Agricultural Experiment Station....             4,764,698              4,872,744

                   Cooperative Extension Service......             3,401,923              3,490,641

                   School of Medical Sciences...........           30,779,902            31,253,285

                   Health Laboratory and Research..             1,485,657              1,502,862

                   University of Nevada, Las Vegas.         127,048,926          123,910,349

                   UNLV – Intercollegiate Athletics..             7,020,612              7,049,245

                   UNLV – Statewide Programs.........             2,850,091              2,866,667

                   UNLV Law School...........................             7,255,748              7,404,114

                   UNLV Dental School.......................             7,163,172              7,422,189

                   Great Basin College.........................           12,281,953            12,097,189

                   Nevada State College......................           12,214,541            11,940,221

                   Desert Research Institute...............             7,450,078              7,526,457

                   College of Southern Nevada..........           85,128,000            83,142,719

                   Western Nevada College...............           13,319,386            12,916,584

                   Truckee Meadows Community College                                29,548,559 28,848,867

                   Western Interstate Commission for Higher Education Administration           328,459      338,108

                   Western Interstate Commission for Higher Education Loan and Stipend             724,451........................................ 757,357

      Sec. 18.  Commission on Postsecondary Education.

             For the support of the Commission on Postsecondary Education             $311,771    $318,504

      Sec. 19.  Department of Health and Human Services.

             For the support of the:

                   Health and Human Services Administration                        $1,122,757 $1,177,800

                   Grants Management Unit...............                161,900                 160,683

                   Office of the State Public Defender                                         1,095,914 1,091,345

                   Consumer Health Assistance........                308,327                 304,910

                   State Council on Developmental Disabilities                            164,725 164,753

                   Division of Health Care Financing and Policy:

                          Nevada Medicaid......................         520,670,784          563,002,845

 


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

ê2013 Statutes of Nevada, Page 2597 (Chapter 446, AB 507)ê

 

                                                                                           2013-2014             2014-2015

                          Health Care Financing and Policy Administration                           $24,786,128     $24,005,027

                          Nevada Check-Up Program.....             9,587,979              9,353,356

                   Aging and Disability Services Division:

                          Federal Programs and Administration                              3,404,894 3,277,912

                          Home and Community-Based Services                           11,328,331 13,107,004

                          Early Intervention Services.....           28,924,730            32,463,532

                          Desert Regional Center............           46,532,718            48,528,955

                          Sierra Regional Center..............           17,764,569            17,695,240

                          Rural Regional Center...............             8,344,931              7,984,160

                          Family Preservation Program...             1,576,202              1,659,604

                   Division of Child and Family Services:

                          Community Juvenile Justice Programs                             2,349,807 2,349,807

                          UNITY/SACWIS.......................             3,173,855              3,017,550

                          Children, Youth and Family Administration                    5,403,390 5,473,059

                          Nevada Youth Training Center                                          6,769,490 6,615,359

                          Caliente Youth Center..............             7,948,070              7,809,522

                          Rural Child Welfare...................             6,170,119              6,713,467

                          Youth Alternative Placement..             2,184,481              2,184,481

                          Youth Parole Services..............             2,795,382              2,834,408

                          Northern Nevada Child and Adolescent Services                           3,197,801   3,201,867

                          Clark County Child Welfare ....           45,229,566            46,832,959

                          Washoe County Child Welfare                                        15,251,425 15,786,606

                          Southern Nevada Child and Adolescent Services                           9,873,709   9,905,365

                          Juvenile Correctional Facility .             3,466,062              4,629,350

             Division of Public and Behavioral Health:

                   Public Health:

                          Office of Health Administration                                          $944,844 $931,233

                          Maternal Child Health Services                                         1,069,203 1,066,952

                          Community Health Services....                939,353                 963,682

                          Communicable Diseases..........             2,090,735              2,087,442

                          Emergency Medical Services..                819,111                 647,085

 


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

ê2013 Statutes of Nevada, Page 2598 (Chapter 446, AB 507)ê

 

                                                                                           2013-2014             2014-2015

                          Immunization Program..............           $1,024,567            $1,024,567

                          Child Care Services...................                  26,111                   49,639

                          Biostatistics and Epidemiology                                            317,118 317,183

                   Behavioral Health:

                          Mental Health Administration             1,920,554              1,970,249

                          Mental Health Information System                                   2,358,122 2,382,743

                          Southern Nevada Adult Mental Health Services                             72,371,060 65,153,511

                          Northern Nevada Adult Mental Health Services                             24,676,199 22,556,665

                          Lake’s Crossing Center ...........             8,944,009              8,909,286

                          Rural Clinics...............................             9,231,720              7,470,439

                          Substance Abuse Prevention and Treatment Agency                    6,548,626   6,247,823

                   Division of Welfare and Supportive Services:

                          Welfare Administration............           11,291,107            10,985,140

                          Welfare Field Services Account                                      29,353,659 30,384,651

                          Assistance to Aged and Blind             8,608,987              8,998,285

                          Temporary Assistance for Needy Families                    24,607,702 24,607,702

                          Child Assistance and Development                                  4,580,666 4,583,446

      Sec. 20.  Office of the Military.

             For the support of the:

                   Office of the Military.......................           $2,461,549            $2,545,529

                   National Guard Benefits.................                  59,100                   59,100

                   Patriot Relief Fund...........................                       100                        100

                   Carlin Armory...................................                861,170                 808,314

      Sec. 21.  Office of Veterans Services.

             For the support of the:

                   Commissioner for Veterans Affairs                                        $1,712,395 $1,818,448

      Sec. 22.  Department of Corrections.

             For the support of the:

                   Office of the Director......................         $18,854,017          $17,208,698

                   Medical Care....................................           40,819,846            39,006,709

                   Correctional Programs....................             6,215,044              6,318,786

                   Southern Nevada Correctional Center                                       272,871 273,336

                   Southern Desert Correctional Center                                    21,807,369 22,023,425

                   Nevada State Prison........................                122,160                 122,160

                   Northern Nevada Correctional Center                                   25,184,882 25,548,263

 


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

ê2013 Statutes of Nevada, Page 2599 (Chapter 446, AB 507)ê

 

                                                                                           2013-2014             2014-2015

                   Warm Springs Correctional Center                                      $10,156,762 $10,091,860

                   Ely State Prison................................           24,747,892            24,568,627

                   Lovelock Correctional Center........           21,717,015            21,913,283

                   Florence McClure Women’s Correctional Center               13,698,481 14,771,310

                   Stewart Conservation Camp..........             1,590,128              1,606,159

                   Ely Conservation Camp..................             1,213,387              1,219,330

                   Humboldt Conservation Camp......             1,183,628              1,244,982

                   Three Lakes Valley Conservation Camp                                 2,361,234 2,399,988

                   Jean Conservation Camp................             1,602,357              1,501,730

                   Pioche Conservation Camp............             1,558,287              1,570,103

                   Carlin Conservation Camp.............             1,171,086              1,181,050

                   Wells Conservation Camp.............             1,228,952              1,198,601

                   Silver Springs Conservation Camp                                                 3,075 3,075

                   Tonopah Conservation Camp.......             1,185,627              1,180,035

                   Northern Nevada Restitution Center                                          740,584 675,101

                   High Desert State Prison................           43,719,890            44,479,798

                   Casa Grande Transitional Housing                                          2,891,528 3,155,371

      Sec. 23.  Department of Business and Industry.

             For the support of the:

                   Business and Industry Administration                                    $118,979 $168,084

                   Division of Financial Institutions.                       100                        100

                   Real Estate Administration............                707,501                 730,528

                   Office of Labor Commissioner.......             1,417,221              1,408,842

                   Nevada Athletic Commission........                552,946                 543,369

      Sec. 24.  State Department of Agriculture.

             For the support of the:

                   Agriculture Administration............                $40,000                 $40,000

                   Plant Health and Quarantine Services                                        400,532 401,730

                   Veterinary Medical Services..........                924,761                 894,326

                   Predatory Animal and Rodent Control                                       704,752 709,775

                   Nutrition Education Programs.......                106,934                 106,934

      Sec. 25.  State Department of Conservation and Natural Resources.

             For the support of the:

                   Conservation and Natural Resources Administration                           $435,034    $448,090

                   Division of State Parks...................             3,860,780              3,474,019

                   Nevada Tahoe Regional Planning Agency                                   1,318 1,318

 


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

ê2013 Statutes of Nevada, Page 2600 (Chapter 446, AB 507)ê

 

                                                                                           2013-2014             2014-2015

                   Division of Forestry........................           $3,764,892            $3,727,520

                   Forest Fire Suppression.................             2,499,636              2,499,636

                   Forestry Conservation Camps.......             5,184,324              5,071,469

                   Wildland Fire Protection Program                182,774                 264,474

                   Division of Water Resources........             4,084,214              1,902,301

                   Division of State Lands..................             1,138,325              1,148,927

                   Conservation Districts Program....                297,725                 301,804

                   State Historic Preservation Office.                304,861                 295,481

                   Comstock Historic District.............                164,959                 166,918

      Sec. 26.  Tahoe Regional Planning Agency.

             For the support of the:

                   Tahoe Regional Planning Agency           $1,118,532            $1,107,532

      Sec. 27.  Department of Wildlife.

             For the support of the:

                   Division of Fisheries Management                                           $149,892 $149,892

                   Division of Diversity.......................                344,873                 344,873

      Sec. 28.  Department of Employment, Training and Rehabilitation.

             For the support of the:

                   Nevada Equal Rights Commission              $995,968               $995,137

                   Bureau of Vocational Rehabilitation                                        2,222,977 2,218,196

                   Bureau of Services to the Blind and Visually Impaired                          617,537      616,310

      Sec. 29.  Department of Motor Vehicles.

             For the support of the:

                   Division of Field Services..............                  $6,801                   $6,819

                   Division of Central Services and Records                                   18,919 19,124

      Sec. 30.  Department of Public Safety.

             For the support of the:

                   Training Division.............................              $281,132               $267,778

                   Justice Grant.....................................                  59,891                   60,674

                   Nevada Highway Patrol..................                  17,834                   17,834

                   Dignitary Protection........................             1,040,493              1,077,905

                   Division of Investigations.............             5,738,838              5,655,063

                   Division of Emergency Management                                         341,854 346,606

                   State Board of Parole Commissioners                                     2,534,977 2,463,680

                   Division of Parole and Probation..           34,874,652            35,529,128

                   Central Repository for Nevada Records of Criminal History                100       100

 


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

ê2013 Statutes of Nevada, Page 2601 (Chapter 446, AB 507)ê

 

                                                                                           2013-2014             2014-2015

                   Child Volunteer Background Checks                                         $15,087 $15,087

                   State Fire Marshal...........................                520,104                 523,466

                   Office of Homeland Security..........                176,435                 176,785

      Sec. 31.  Commission on Ethics.

             For the support of the Commission on Ethics                               $238,104 $234,376

      Sec. 32.  The following sums are hereby appropriated from the State Highway Fund for the purposes expressed in this section for Fiscal Year 2013-2014 and Fiscal Year 2014-2015:

 

                                                                                           2013-2014             2014-2015

             Department of Administration:

                   Fleet Services Capital Purchase....              $626,631               $501,210

             Department of Motor Vehicles:

                   Office of the Director......................             2,574,023              2,732,211

                   Division of Administrative Services                                        4,095,519 4,523,993

                   Hearings Office................................             1,218,868              1,218,942

                   Automation......................................             5,781,437              5,426,976

                   Division of Field Services..............           17,382,510            41,576,301

                   Division of Compliance Enforcement                                      4,518,112 4,541,352

                   Division of Central Services and Records                              5,700,016 6,037,262

                   Division of Management Services             1,331,040              1,357,165

                   Motor Carrier Division....................             2,070,895              3,054,482

                   License Plate Factory......................                500,000                            0

             Department of Public Safety:

                   Training Division.............................                832,814                 784,425

                   Nevada Highway Patrol..................           64,414,119            65,528,163

                   Highway Safety Plan and Administration                                 186,486 182,898

                   Division of Investigations.............                343,842                 348,139

                   State Emergency Response Commission                                   218,391 225,291

             Department of Business and Industry:

                   Transportation Authority..............             2,400,107              2,379,382

             Legislative Fund:

                   Legislative Commission..................                    5,000                     5,000

      Sec. 33.  1.  Except as otherwise provided in subsection 3, the sums appropriated in this act must be:

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

      (b) Work-programmed for the 2 separate fiscal years of the 2013-2015 biennium, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Director of the Department of Administration and in accordance with the provisions of the State Budget Act.

 


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

ê2013 Statutes of Nevada, Page 2602 (Chapter 446, AB 507)ê

 

      2.  Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      3.  Pursuant to law, sums appropriated for the support of the Supreme Court of Nevada, and the Legislative Fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.

      Sec. 34.  The sums appropriated to:

      1.  Individuals with Disabilities Education Act;

      2.  Forest Fire Suppression;

      3.  National Guard Benefits;

      4.  Maternal Child Health Services;

      5.  Immunization Program;

      6.  Welfare Administration;

      7.  Welfare Field Services Account;

      8.  Temporary Assistance for Needy Families (TANF);

      9.  Assistance to Aged and Blind;

      10.  Child Assistance and Development;

      11.  Nevada Medicaid;

      12.  Health Care Financing and Policy Administration;

      13.  Nevada Check-Up Program;

      14.  Rural Child Welfare;

      15.  Attorney General’s Special Litigation Account;

      16.  Attorney General’s Office of the Extradition Coordinator;

      17.  Commission on Ethics;

      18.  Clark County Child Welfare;

      19.  Washoe County Child Welfare;

      20.  Child Volunteer Background Checks;

      21.  High Level Nuclear Waste;

      22.  Fleet Services Capital Purchase; and

      23.  Educator Effectiveness,

Ê are available for both Fiscal Year 2013-2014 and Fiscal Year 2014-2015, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 35.  Amounts appropriated pursuant to sections 15 and 19 of this act to finance specific programs as outlined in this section are available for both Fiscal Year 2013-2014 and Fiscal Year 2014-2015, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor as follows:

      1.  Of the amounts appropriated to the Department of Education, Proficiency Testing, pursuant to section 15 of this act:

      (a) A total of $3,516,808 in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 for the high school proficiency examination or other statewide assessments in high school required by statute and the criterion-referenced examination.

      (b) A total of $549,256 in Fiscal Year 2013-2014 and $549,383 in Fiscal Year 2014-2015 for the state writing proficiency examinations.

      (c) A total of $549,508 in Fiscal Year 2013-2014 and $527,131 in Fiscal Year 2014-2015 for enhancements and maintenance related to the System for Accountability Information in Nevada.

 


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

ê2013 Statutes of Nevada, Page 2603 (Chapter 446, AB 507)ê

 

      2.  Of the amounts appropriated to the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to section 19 of this act, a total of $1,817,970 in Fiscal Year 2013-2014 and $1,816,484 in Fiscal Year 2014-2015 to support medication costs within the AIDS Drug Assistance Program.

      Sec. 36.  The sums appropriated to Nevada Medicaid and Health Care Financing and Policy Administration pursuant to section 19 of this act may be transferred between each account for the purpose of implementing a care management program with the approval of the Interim Finance Committee upon the recommendation of the Governor. The care management program must be designed for fee-for-service Medicaid recipients with high cost health care needs, including, without limitation, recipients who are aged, blind or disabled.

      Sec. 37.  Of the amounts appropriated by sections 2 to 32, inclusive, of this act, the amounts appropriated in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 to finance deferred maintenance projects approved as maintenance decision units within agency budgets are available for both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 and may be transferred within the same budget account from one year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the deferred maintenance as approved by the Legislature.

      Sec. 38.  Any money remaining in the Catalyst Fund created by NRS 231.1573 and the Knowledge Fund created by NRS 231.1592 at the end of Fiscal Year 2012-2013 and any remaining portion of any appropriations made to the Catalyst Fund or the Knowledge Fund for the 2011-2013 biennium do not revert to the State General Fund. The balance in those Funds and any portion of appropriations remaining at the end of Fiscal Year 2012-2013 must be carried forward to Fiscal Year 2013-2014. Any balance in those Funds and any portion of appropriations made to those Funds remaining at the end of Fiscal Year 2013-2014 and Fiscal Year 2014-2015, respectively, must be carried forward.

      Sec. 39.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $4,000,000 for allocation to the Governor’s Office of Economic Development for the Unmanned Aerial Vehicle (UAV) program. Money appropriated pursuant to this section can only be allocated by the Interim Finance Committee upon Nevada’s successful designation as a Federal Aviation Administration test site and submittal by the Governor’s Office of Economic Development of a plan for utilization of the funding, including, without limitation, an analysis of the program’s estimated impact and effectiveness.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2015, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

 


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

ê2013 Statutes of Nevada, Page 2604 (Chapter 446, AB 507)ê

 

      Sec. 40.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $3,000,000 for the costs of the 77th Legislative Session.

      Sec. 41.  1.  The sums appropriated to the Legislative Fund by section 10 of this act for the support of the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations are available for both Fiscal Year 2013-2014 and Fiscal Year 2014-2015, and may be transferred among the Legislative Commission, the divisions of the Legislative Counsel Bureau and the Interim Legislative Operations and from one fiscal year to another with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.

      2.  The sums appropriated for the support of salaries and payroll costs must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.

      Sec. 42.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $800,000 for allocation to officers, departments, boards, agencies, commissions and institutions of the State Government for costs associated with connecting to the state telephone system.

      2.  The Division of Enterprise Information Technology Services of the Department of Administration may request an allocation of the sum appropriated by subsection 1 for costs associated with upgrading the state core telephone system. Any sum allocated by this subsection is a loan from the State General Fund, and the terms of repayment must be specified by the Interim Finance Committee upon allocation.

      3.  Any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 43.  Except as otherwise provided in this section, the total amounts appropriated by section 19 of this act to each of the accounts of the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services of the Department of Health and Human Services enumerated in section 34 of this act, except for the amounts appropriated for the Health Care Financing and Policy Administration, the Assistance to the Aged and Blind, the Welfare Administration and the Welfare Field Services Account, are limits. The Divisions shall not request additional money for these programs, except for:

      1.  Increased state costs in Fiscal Year 2014-2015 in the event that federal financial participation rates are less than legislatively approved effective on October 1, 2014;

      2.  Costs related to additional services mandated by the Federal Government on or after October 1, 2013, and not specifically funded in the Nevada Medicaid account in Fiscal Year 2013-2014 and Fiscal Year 2014-2015;

      3.  Costs related to an increase in the cost-per-eligible for the Temporary Assistance for Needy Families (TANF) population that is higher than the cost-per-eligible used to project Medicaid expenditures for this population in the legislatively approved budget for Fiscal Year 2013-2014 and Fiscal Year 2014-2015; and

 


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ê2013 Statutes of Nevada, Page 2605 (Chapter 446, AB 507)ê

 

      4.  Increased state costs in Fiscal Year 2013-2014 and Fiscal Year 2014-2015 in the event that the annual allocation of federal Temporary Assistance for Needy Families (TANF) block grant funds is lower than the amounts approved by the Legislature for either fiscal year.

      Sec. 44.  Except as otherwise provided in this section, the amounts appropriated to the Division of Child and Family Services of the Department of Health and Human Services, Clark County Child Welfare and Washoe County Child Welfare accounts by section 19 of this act for the purpose of providing block grant allocations to agencies which provide child welfare services in a county whose population is 100,000 or more, are limits. The Division shall not request additional sums for these programs except the Division may request additional sums for the adoption assistance programs established in NRS 432B.219.

      Sec. 45.  The sums appropriated to the Division of Welfare and Supportive Services of the Department of Health and Human Services by section 19 of this act may be transferred among the various budget accounts of the Division of Welfare and Supportive Services with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 46.  1.  The amount appropriated and determined to be the documented match for the Patient Protection and Affordable Care Act, Public Law 111-148, eligibility engine grants in the Division of Welfare and Supportive Services of the Department of Health and Human Services as authorized by section 18 of chapter 371, Statutes of Nevada 2011, at page 2159 for the Welfare Administration account, which are not committed for expenditure by June 30, 2013, may be carried forward to Fiscal Year 2013-2014.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2014, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2014, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2014.

      Sec. 47.  The sums appropriated to Nevada Medicaid and the Nevada Check-Up Program by section 19 of this act may be transferred between each budget with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 48.  The sums appropriated to Nevada Medicaid within the Division of Health Care Finance and Policy of the Department of Health and Human Services, and Southern Nevada Adult Mental Health Services, Northern Nevada Adult Mental Health Services and Rural Clinics within the Division of Public and Behavioral Health of the Department by section 19 of this act may be transferred between each budget to ensure appropriate services are provided as a result of the implementation of the Patient Protection and Affordable Care Act, Public Law 111-148, with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 49.  The Department of Health and Human Services may, during Fiscal Year 2013-2014 and Fiscal Year 2014-2015, continue the pilot project authorized in section 46 of chapter 371, Statutes of Nevada 2011, at page 2166, to provide therapeutic foster care for youths with serious emotional disturbance through nonprofit providers.

 


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ê2013 Statutes of Nevada, Page 2606 (Chapter 446, AB 507)ê

 

2166, to provide therapeutic foster care for youths with serious emotional disturbance through nonprofit providers. The sums appropriated to the Division of Child and Family Services and the Division of Health Care Financing and Policy of the Department by section 19 of this act may be transferred between the various budget accounts of each Division for the purpose of continuing the pilot project with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 50.  The sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services for the Juvenile Correctional Facility, Caliente Youth Center and the Nevada Youth Training Center pursuant to section 19 of this act may be transferred between each budget account with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 51.  1.  The Department of Health and Human Services may, with the approval of the Interim Finance Committee upon the recommendation of the Governor, transfer from the various divisions of the Department to an account which is hereby created within the State General Fund any excess money available to the divisions as a result of savings from not providing health and related services, including, without limitation, savings recognized by using a different source of funding to pay the providers of services if the persons previously served by a division no longer require the provision of services from the division of the Department.

      2.  Any money transferred to the account created by subsection 1, to the extent approved by the Centers for Medicare and Medicaid Services and authorized by the State Plan for Medicaid, must:

      (a) Be used to pay administrative and related costs and the State’s share of the cost for the expansion of the upper payment limit program as provided in this section.

      (b) After being used to satisfy the requirements of paragraph (a), be reserved for reversion to the State General Fund and must be reverted to that Fund at the end of each fiscal year of the 2013-2015 biennium.

      Sec. 52.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $3,000,000 for allocation to the Division of Public and Behavioral Health of the Department of Health and Human Services for necessary facility improvements, staffing, furnishings, equipment and operating expenditures at Southern Nevada Adult Mental Health Services in-patient facilities.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2015, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 53.  1.  Except as otherwise provided in subsection 2, the sums appropriated to the Department of Corrections by section 22 of this act may be transferred among the various budget accounts of the Department of Corrections in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.

 


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ê2013 Statutes of Nevada, Page 2607 (Chapter 446, AB 507)ê

 

      2.  Appropriations for deferred maintenance pursuant to section 37 of this act are excluded from the provisions of this section.

      Sec. 54.  The sums appropriated to any division, agency or section of any department of State Government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the Interim Finance Committee upon the recommendation of the Governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings. Such transfers are also limited only to those activities which are supported by State General Fund or State Highway Fund appropriations.

      Sec. 55.  The sums appropriated to the Nevada System of Higher Education by section 17 of this act may be transferred among the various budgets of the Nevada System of Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 56.  The sums appropriated to the Western Interstate Commission for Higher Education by section 17 of this act may be transferred between each budget of the Western Interstate Commission for Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 57.  In addition to the requirements of NRS 353.225, for Fiscal Year 2013-2014 and Fiscal Year 2014-2015, the Board of Regents of the University of Nevada shall comply with any request by the Governor to set aside money from the appropriations made by this act in any specified amount.

      Sec. 58.  1.  Of the sums appropriated by section 17 of this act, any amounts used to match documented research grants in the Nevada System of Higher Education which are not committed for expenditure by June 30 of each fiscal year of the 2013-2015 biennium may be carried forward for a maximum of 2 fiscal years after which time any unexpended amounts revert to the State General Fund.

      2.  All money appropriated by section 17 of this act other than the sums designated in subsection 1 to match documented research grants is subject to the provisions of section 61 of this act.

      Sec. 59.  1.  The sums appropriated to the Performance Funding Pool account in section 17 of this act may be transferred to the respective formula-funded budget accounts of the Nevada System of Higher Education in Fiscal Year 2014-2015 with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      2.  Any balance of money appropriated for Fiscal Year 2014-2015 but not transferred from the Performance Funding Pool account in Fiscal Year 2014-2015 pursuant to subsection 1 may be carried forward to Fiscal Year 2015-2016 for transfer to the respective formula-funded budget accounts in Fiscal Year 2015-2016 with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      3.  Any remaining balance of money appropriated for Fiscal Year 2014-2015 but not transferred from the Performance Funding Pool account in Fiscal Year 2014-2015 or Fiscal Year 2015-2016 may be carried forward to Fiscal Year 2016-2017 for transfer to the State-Funded Perkins Loan account in section 17 of this act in Fiscal Year 2016-2017 to be used for systemwide need-based student financial aid with the approval of the Interim Finance Committee upon the recommendation of the Governor.

 


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ê2013 Statutes of Nevada, Page 2608 (Chapter 446, AB 507)ê

 

      Sec. 60.  There is hereby appropriated from the State General Fund the sum of $131,467 to the Public Employees’ Retirement Board to be expended for the administration of the Legislators’ Retirement System in Fiscal Year 2013-2014 and Fiscal Year 2014-2015.

      Sec. 61.  1.  Except as otherwise provided in sections 38, 58, 59 and 60 of this act, any balances of the appropriations made in this act for Fiscal Year 2013-2014 and Fiscal Year 2014-2015 must not be committed for expenditure after June 30 of each fiscal year by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining cannot be spent for any purpose after September 19, 2014, and September 18, 2015, for each fiscal year respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and, except as otherwise provided in subsection 2, must revert to the fund from which appropriated on or before September 19, 2014, and September 18, 2015, of each fiscal year respectively.

      2.  Any balance of the appropriations made to the Legislative Fund by sections 10 and 40 of this act does not revert to the State General Fund but constitutes a balance carried forward.

      Sec. 62.  The State Controller shall provide for the payment of claims legally obligated in each fiscal year of the 2013-2015 biennium on behalf of state agencies until the last business day of the August immediately following the end of each fiscal year. The State Controller shall process any transactions requested by the Director of the Department of Administration from the prior fiscal period until the third Friday in September immediately following the end of the fiscal year.

      Sec. 63.  The State Controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the Legislature, and the amounts so transferred shall be deemed appropriated.

      Sec. 64.  The State Controller shall pay the annual salaries of Supreme Court Justices, District Court Judges, the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer, the State Controller and the Attorney General in biweekly installments for each day worked up to and including the date of payment. The payment of a portion of the annual salaries of these officers at the end of a calendar year for the purpose of reconciling the amount of the salary paid during that calendar year with the amount of the salary set forth in statute for that office must not be made if it will result in the issuance of a separate check.

      Sec. 65.  1.  If the Director of the State Department of Conservation and Natural Resources determines that, because of delays in the receipt of revenue for services billed to the Federal Government, local governments and other state governments, the amount of current claims for expenses incurred in the suppression of fire or response to emergencies exceeds the amount of money available to pay such claims within 30 days, he or she may request from the Director of the Department of Administration a temporary advance from the State General Fund to pay authorized expenses.

      2.  The Director of the Department of Administration shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if he or she approves a request made pursuant to subsection 1.

 


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ê2013 Statutes of Nevada, Page 2609 (Chapter 446, AB 507)ê

 

Bureau if he or she approves a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of such a notification.

      3.  An advance from the State General Fund:

      (a) May be approved by the Director of the Department of Administration only for expenses incurred in the suppression of fires or response to emergencies charged to the budget account for forest fire suppression of the Division of Forestry of the State Department of Conservation and Natural Resources. Before approving the advance, the Director shall verify that billings for reimbursement have been sent to the agencies of the Federal Government, local governments or other state governments responsible for reimbursing the Division of Forestry for costs incurred in fire suppression or emergency response activities.

      (b) Is limited to the total due from outstanding billings for reimbursable expenses incurred in the suppression of fires or response to emergencies as approved for payment to the State by agencies of the Federal Government, local governments and other state governments.

      4.  Any money which is temporarily advanced from the State General Fund to the budget account for forest fire suppression pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.

      Sec. 66.  1.  If the Governor orders the Nevada National Guard into active duty as described in NRS 412.122 for an emergency as defined in subsection 1 of NRS 353.263 and the Adjutant General of the Nevada National Guard determines expenditures will be required, the Adjutant General may request from the Director of the Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.

      2.  The Director of the Department of Administration shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Department of Administration.

      3.  An advance from the State General Fund:

      (a) Must be approved by the Director of the Department of Administration for expenses incurred as a result of activation of the Nevada National Guard.

      (b) Is limited to $25,000 per activation as described in subsection 1.

      4.  Any money which is temporarily advanced from the State General Fund to an account pursuant to subsection 3 must be repaid as soon as possible, and must come from the Emergency Account established by NRS 353.263.

      Sec. 67.  1.  If projections of the ending balance of the State General Fund fall below the amount estimated by the 2013 Legislature for Fiscal Year 2013-2014 or Fiscal Year 2014-2015, the Director of the Department of Administration shall report this information to the State Board of Examiners.

      2.  If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $80,000,000 for Fiscal Year 2013-2014 or Fiscal Year 2014-2015, the Governor, pursuant to NRS 353.225, may direct the Director of the Department of Administration to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.

 


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ê2013 Statutes of Nevada, Page 2610 (Chapter 446, AB 507)ê

 

agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.

      3.  A reserve must not be set aside pursuant to this section unless:

      (a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and

      (b) The Legislature or Interim Finance Committee approves the setting aside of the reserve.

      Sec. 68.  If the State of Nevada is required to make payment to the United States Treasury under the provisions of Public Law 101-453, the Cash Management Improvement Act of 1990, the State Controller, upon approval of the State Board of Examiners, may make such payments from the interest earnings of the State General Fund or interest earnings in other funds when interest on federal money has been deposited in those funds.

      Sec. 69.  1.  There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles:

      (a) For the Automation account:

Fiscal Year 2013-2014....................................................................... $761,080

      (b) For the Division of Management Services account:

Fiscal Year 2013-2014....................................................................... $290,000

Fiscal Year 2014-2015....................................................................... $290,000

      2.  The sums appropriated in subsection 1 are limited for technology system programming changes necessary for implementation of legislation approved by the 77th Session of the Nevada Legislature. The Department of Motor Vehicles shall submit a status report to the Interim Finance Committee by July 1, 2014, detailing the programming and technology changes implemented as a result of the money appropriated for this purpose.

      3.  The sum appropriated in paragraph (a) of subsection 1 may be balanced forward to Fiscal Year 2014-2015. Any remaining balance of the appropriation must not be committed for expenditure after June 30, 2015 by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must revert to the State Highway Fund on or before September 18, 2015.

      4.  Any remaining balance of the appropriations made by paragraph (b) of subsection 1 must not be committed for expenditure after June 30 of each fiscal year by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining cannot be spent for any purpose after September 19, 2014, and September 18, 2015, for each fiscal year respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and must revert to the State Highway Fund on or before September 19, 2014, and September 18, 2015, of each fiscal year respectively.

 


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ê2013 Statutes of Nevada, Page 2611 (Chapter 446, AB 507)ê

 

      Sec. 70.  The State Controller shall transfer from the Fund to Stabilize the Operation of the State Government created by NRS 353.288 to the State General Fund the sum of $84,737,276 for unrestricted General Fund use.

      Sec. 71. NRS 353.288 is hereby amended to read as follows:

      353.288  1.  The Account to Stabilize the Operation of the State Government is hereby created in the State General Fund. Except as otherwise provided in subsections 3 and 4, each year after the close of the previous fiscal year and before the issuance of the State Controller’s annual report, the State Controller shall transfer from the State General Fund to the Account to Stabilize the Operation of the State Government:

      (a) Forty percent of the unrestricted balance of the State General Fund, as of the close of the previous fiscal year, which remains after subtracting an amount equal to 7 percent of all appropriations made from the State General Fund during that previous fiscal year for the operation of all departments, institutions and agencies of State Government and for the funding of schools; and

      (b) Commencing with the fiscal year that begins on July 1, [2013,] 2015, 1 percent of the total anticipated revenue for the fiscal year in which the transfer will be made, as projected by the Economic Forum for that fiscal year pursuant to paragraph (e) of subsection 1 of NRS 353.228 and as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal year.

      2.  Money transferred pursuant to subsection 1 to the Account to Stabilize the Operation of the State Government is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.

      3.  The balance in the Account to Stabilize the Operation of the State Government must not exceed 20 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be transferred to the Account to Stabilize the Operation of the State Government.

      4.  Except as otherwise provided in this subsection and NRS 353.2735, beginning with the fiscal year that begins on July 1, 2003, the State Controller shall, at the end of each quarter of a fiscal year, transfer from the State General Fund to the Disaster Relief Account created pursuant to NRS 353.2735 an amount equal to not more than 10 percent of the aggregate balance in the Account to Stabilize the Operation of the State Government during the previous quarter. The State Controller shall not transfer more than $500,000 for any quarter pursuant to this subsection.

      5.  The Chief of the Budget Division of the Department of Administration may submit a request to the State Board of Examiners to transfer money from the Account to Stabilize the Operation of the State Government to the State General Fund:

      (a) If the total actual revenue of the State falls short by 5 percent or more of the total anticipated revenue for the biennium in which the transfer will be made, as determined by the Legislature, or the Interim Finance Committee if the Legislature is not in session; or

      (b) If the Legislature, or the Interim Finance Committee if the Legislature is not in session, and the Governor declare that a fiscal emergency exists.

 


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ê2013 Statutes of Nevada, Page 2612 (Chapter 446, AB 507)ê

 

      6.  The State Board of Examiners shall consider a request made pursuant to subsection 5 and shall, if it finds that a transfer should be made, recommend the amount of the transfer to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.

      7.  If the Interim Finance Committee finds that a transfer recommended by the State Board of Examiners should and may lawfully be made, the Committee shall by resolution establish the amount and direct the State Controller to transfer that amount to the State General Fund. The State Controller shall thereupon make the transfer.

      8.  In addition to the manner of allocation authorized pursuant to subsections 5, 6 and 7, the money in the Account to Stabilize the Operation of the State Government may be allocated directly by the Legislature to be used for any other purpose.

      Sec. 72. Section 2 of chapter 248, Statutes of Nevada 2011, at page 1071, is hereby amended to read as follows:

       Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [2013,] 2015, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [20, 2013,] 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September [20, 2013.] 18, 2015.

      Sec. 73. Section 2 of chapter 249, Statutes of Nevada 2011, at page 1072, is hereby amended to read as follows:

       Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [2013,] 2015, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [20, 2013,] 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [20, 2013.] 18, 2015.

      Sec. 74.  1.  This section and sections 38, 39, 40, 42, 46, 52, 61, 71, 72 and 73 of this act become effective upon passage and approval.

      2.  Sections 1 to 37, inclusive, 41, 43, 44, 45, 47 to 51, inclusive, 53 to 60, inclusive, and 62 to 70, inclusive, of this act become effective on July 1, 2013.

________

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 2613ê

 

CHAPTER 447, AB 511

Assembly Bill No. 511–Committee on Ways and Means

 

CHAPTER 447

 

[Approved: June 10, 2013]

 

AN ACT relating to public employees; establishing the maximum allowed salaries for certain employees in the classified and unclassified service of the State; requiring employees of the State to take a certain number of days of unpaid furlough leave during the 2013-2015 biennium; providing exceptions to the furlough requirement; making appropriations from the State General Fund and State Highway Fund for the salaries of certain employees of the State; extending the temporary suspension of the semiannual payment of longevity pay during the 2013-2015 biennium; extending the temporary suspension of merit pay increases during Fiscal Year 2013-2014; and providing other matters properly relating thereto.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The following state officers, employees, and medical and related positions in the unclassified service of the State of Nevada are entitled to receive approximate annual salaries of not more than the maximum amounts set forth following their specified titles or positions:

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

      1.  State Office of Energy:

             Director, Office of Energy................................................................ $106,904

             Deputy Director, Office of Energy..................................................... 81,584

      2.  High Level Nuclear Waste:

             Executive Director, Nuclear Projects Office.................................. $115,285

             Executive Assistant.............................................................................. 56,265

             Technical Division Administrator.................................................... 104,946

             Planner/Researcher............................................................................... 83,197

      3.  Office of the Lieutenant Governor:

             Chief of Staff........................................................................................ $74,367

             Assistant to the Lieutenant Governor (each)................................... 70,826

             Administrative Secretary..................................................................... 47,807

      4.  Office of the Secretary of State:

             Chief Deputy..................................................................................... $117,030

             Deputy Secretary of State, Commercial Recordings........................ 97,901

             Deputy Secretary of State, Southern Nevada.................................. 97,901

             Deputy Secretary of State, Elections............................................... 107,465

             Deputy Secretary of State, Operations.............................................. 97,901

             Securities Administrator.................................................................... 102,242

             Chief, Enforcement............................................................................... 97,590

             Executive Assistant.............................................................................. 56,265

 


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ê2013 Statutes of Nevada, Page 2614 (Chapter 447, AB 511)ê

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

             Public Information Officer................................................................. $70,894

             Business Portal Administrator............................................................ 97,901

      5.  Office of the State Treasurer:

             Chief Deputy State Treasurer......................................................... $117,030

             Senior Deputy State Treasurer (each)............................................. 107,465

             Chief of Staff........................................................................................ 117,030

             Deputy State Treasurer, Debt Service............................................... 97,901

             Deputy State Treasurer, Investments.............................................. 117,030

             Deputy State Treasurer, Cash Management.................................... 97,901

             Executive Director, Millennium Scholarship..................................... 97,901

             Executive Assistant.............................................................................. 56,265

             Deputy State Treasurer, Unclaimed Property................................... 97,901

      6.  Office of Controller:

             Chief Deputy Controller................................................................... $107,465

             Assistant Controller............................................................................. 87,773

            Executive Assistant.............................................................................. 56,265

      7.  Office of the Attorney General:

      (a) Attorney General’s Office:

                   Assistant Attorney General..................................................... $140,662

                   Attorney General Counsel for Prosecuting Attorneys, Executive Director    102,260

                   Ombudsman for Victims of Domestic Violence......................... 59,634

                   Chief Deputy Attorney General (each)..................................... 118,156

                   Chief of Staff................................................................................. 140,662

                   Solicitor General........................................................................... 132,600

                   Special Counsel (each)................................................................ 132,600

                   Senior Deputy Attorney General (each)................................... 106,904

                   Deputy Attorney General (each)................................................. 95,650

                   Public Information Officer............................................................. 70,894

                   Chief Investigator.......................................................................... 87,773

                   Investigator (each)......................................................................... 65,951

                   Chief Personnel Manager............................................................. 87,773

                   Information Technology Chief..................................................... 95,650

                   Financial Analyst........................................................................... 81,584

                   Executive Assistant....................................................................... 56,265

                   Chief Financial Officer................................................................. 102,242

                   Legal Researcher (each)................................................................ 46,102

                   Supervising Legal Researcher (each).......................................... 56,265

                   Construction Law Counsel......................................................... 132,600

                   Executive Director, Technological Crimes.................................. 70,894

                   Program Specialist, Technological Crimes................................. 56,265

      (b) Bureau of Consumer Protection:

                   Senior Economist....................................................................... $102,260

                   Senior Engineer.............................................................................. 91,320

                   Senior Legal Researcher................................................................ 54,332

                   Legal Researcher............................................................................ 46,102

                   Senior Regulatory Analyst........................................................... 85,337

                   Chief Deputy Attorney General (each)..................................... 118,156

                   Regulatory Manager...................................................................... 91,399

                   Technical Staff Manager............................................................... 91,399

 


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ê2013 Statutes of Nevada, Page 2615 (Chapter 447, AB 511)ê

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

                   Deputy Attorney General........................................................... $95,650

                   Engineer........................................................................................... 82,339

                   Administrative Services Officer................................................... 74,091

                   Senior Deputy Attorney General (each)................................... 106,904

      8.  Commission on Ethics:

             Executive Director............................................................................... $97,901

             Counsel, Ethics Commission (each)................................................... 95,650

             Executive Assistant.............................................................................. 56,265

             Investigator........................................................................................... 65,951

             Senior Legal Researcher...................................................................... 54,332

      9.  Supreme Court:

             Supervisory Staff Attorney (each)................................................. $106,904

             Supervisory Staff Attorney, Settlement.......................................... 106,904

             Reporter of Judicial Decisions.......................................................... 118,156

             Legal Counsel, Criminal..................................................................... 129,409

             Legal Counsel, Civil............................................................................ 129,409

             Chief Assistant Clerk......................................................................... 118,156

             Chief Clerk............................................................................................ 140,662

             Chief Deputy Clerk............................................................................... 72,581

             Court Administrator........................................................................... 123,783

             Deputy Court Administrator (each)................................................. 106,904

             Staff Attorney (each)........................................................................... 95,650

             Law Librarian....................................................................................... 101,276

             Senior Law Clerk (each)....................................................................... 62,186

      10.  Commission on Judicial Discipline:

             General Counsel................................................................................ $140,662

      11.  Department of Administration:

             Director............................................................................................... $127,721

             Deputy Director (each)...................................................................... 117,030

             Information Systems Specialist.......................................................... 59,221

             Division Administrator, Internal Audits......................................... 107,465

             Manager, Internal Controls................................................................. 91,399

             Chief Assistant Budget Administrator.............................................. 88,952

             Senior Appeals Officer....................................................................... 118,156

             Appeals Officer, Hearings (each)..................................................... 106,904

             Hearing Officer (each).......................................................................... 70,894

             Deferred Compensation Executive Officer........................................ 97,901

             Chief Assistant, Planning.................................................................... 81,567

             Division Administrator, Fleet Services Division.............................. 81,584

             Division Administrator, Administrative Services............................ 97,901

             Division Administrator, Risk Management...................................... 87,773

             Division Administrator, Purchasing.................................................. 97,901

             Administrator, Public Works Division............................................ 123,783

             Deputy Administrator, Professional Services, Public Works Division 117,030

             Deputy Administrator, Code Compliance and Enforcement, Public Works Division 117,030

             Deputy Administrator, Buildings and Grounds, Public Works Division 107,465

             Public Works Division, Project Manager III (each)....................... 106,904

 


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

ê2013 Statutes of Nevada, Page 2616 (Chapter 447, AB 511)ê

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

             Public Works Division, Project Manager II (each)........................ $97,901

             Chief, Planning, Research, and Grants Management...................... 88,952

             Chief, Office of Grants Procurement.................................................. 81,139

             Executive Grants Analyst.................................................................... 61,951

             Senior Executive Grants Analyst........................................................ 74,082

             Division Administrator, Human Resource Management.............. 107,465

             Division Deputy Administrator, Human Resource Management (each) 87,773

             Director, Equal Employment Opportunity......................................... 81,584

             Division Administrator, State Library and Archives....................... 97,901

             Division Administrator, Enterprise Information Technology Services 117,030

             Deputy Administrator, Enterprise Information Technology Services 107,465

             Manager, Enterprise Application Services....................................... 97,901

             Manager, Computing and Communication (each)........................... 97,901

      12.  Department of Taxation:

             Director............................................................................................... $127,721

             Chief Deputy Director, Taxation....................................................... 117,030

             Deputy Director (each)...................................................................... 107,465

             Executive Assistant.............................................................................. 56,265

             Administrative Law Judge (licensed attorney).............................. 106,904

             Chief Administrative Law Judge (licensed attorney).................... 118,156

      13.  Department of Education:

             Superintendent of Public Instruction............................................ $124,908

             Deputy Superintendent of Instructional, Research and Evaluative Services 107,465

             Deputy Superintendent for Administrative and Fiscal Services. 106,904

             Executive Assistant.............................................................................. 56,265

      14.  State Public Charter School Authority:

             Director, State Public Charter School Authority............................ $97,901

      15.  Department of Employment, Training and Rehabilitation:

             Director, Employment, Training and Rehabilitation.................... $127,721

             Chief, Disability Employment Policy.................................................. 81,584

             Division Administrator, Rehabilitation............................................ 107,465

             Chief Auditor......................................................................................... 90,023

             Deputy Director.................................................................................. 117,030

             Executive Assistant.............................................................................. 56,265

             Division Administrator, Employment Security............................... 117,030

             Division Administrator, Equal Rights Commission......................... 87,773

             Division Administrator, Information Development and Processing 107,465

             Hearing Officer (each).......................................................................... 70,894

             Senior Attorney.................................................................................. 106,904

             Assistant to the Director..................................................................... 88,949

      16.  Department of Health and Human Services:

             Director............................................................................................... $127,721

             Deputy Director, Programs................................................................ 107,465

 


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

ê2013 Statutes of Nevada, Page 2617 (Chapter 447, AB 511)ê

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

             Deputy Director, Fiscal Services.................................................... $107,465

             Deputy Director, Administrative Services........................................ 97,901

             Governor’s Consumer Health Advocate........................................... 97,901

             Ombudsman for Consumer Health Assistance (each).................... 78,070

             Executive Assistant (each).................................................................. 56,265

             Division Administrator, Health Care Financing and Policy......... 117,030

             Deputy Division Administrator, Health Care Financing and Policy 107,465

             Deputy Division Administrator, Public and Behavioral Health (each) 107,465

             Chief Biostatistician............................................................................. 97,901

             State Epidemiologist............................................................................. 97,901

             Medical Epidemiologist..................................................................... 155,624

             Agency Manager (each).................................................................... 106,904

             Hospital Administrator...................................................................... 106,904

             Statewide Suicide Prevention Coordinator....................................... 70,894

             Statewide Suicide Prevention Trainer/Networking Facilitator (each) 67,518

             Medical Program Coordinator, Mental Health Program................ 189,601

             Chief Medical Officer......................................................................... 215,809

             Division Administrator, Public and Behavioral Health................. 123,783

             Division Administrator, Welfare and Supportive Services.......... 117,030

             Division Administrator, Child and Family Services....................... 117,030

             Deputy Division Administrator, Child and Family Services (each) 107,465

             Superintendent, Nevada Youth Training Center............................. 97,901

             Superintendent, Caliente Youth Center............................................. 97,901

             Bureau Chief, Youth Parole Bureau................................................... 97,901

             Division Administrator, Aging and Disability Services............... 117,030

             Deputy Division Administrator, Aging and Disability Services (each) 107,465

             Chief, Elder Rights................................................................................ 87,773

      17.  Silver State Health Insurance Exchange:

             Executive Director, Silver State Health Exchange........................ $117,030

             Operations Manager, Silver State Health Exchange...................... 105,216

             Grants and Projects Analyst............................................................... 55,894

             Executive Assistant.............................................................................. 56,265

             Finance and Research Officer............................................................. 81,142

             Information Technology Analyst...................................................... 66,366

             Administrative Assistant (each)........................................................ 47,606

             Communications Officer...................................................................... 74,075

             Information Systems Manager........................................................... 93,178

             Benefit Manager................................................................................... 60,713

             Quality Assurance Officer................................................................... 83,221

             Training Specialist................................................................................ 63,046

      18.  Office of the State Public Defender:

             State Public Defender....................................................................... $118,156

             Supervising Public Defender (office)............................................... 106,904

             Supervising Public Defender (trial) (each)...................................... 106,904

             Supervising Public Defender (appeals)........................................... 106,904

 


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

ê2013 Statutes of Nevada, Page 2618 (Chapter 447, AB 511)ê

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

             Deputy Public Defender (each)........................................................ $95,650

             Deputy Public Defender, Appellate................................................... 95,650

             Investigator (each)............................................................................... 65,951

      19.  Department of Business and Industry:

             Director............................................................................................... $127,721

             Deputy Director, Administration........................................................ 81,584

             Deputy Director, Programs................................................................ 107,465

             Executive Assistant.............................................................................. 56,265

             Administrative Law Judge................................................................. 106,904

             Division Administrator, Financial Institutions................................. 97,901

             Deputy Division Administrator, Financial Institutions.................. 81,584

             Certified Public Accountant, Financial Institutions........................ 67,704

             Division Administrator, Manufactured Housing............................. 87,773

             Division Administrator, Real Estate................................................... 97,901

             Deputy Division Administrator, Real Estate.................................... 81,584

             Ombudsman, Real Estate..................................................................... 70,894

             Division Administrator, Housing....................................................... 97,901

             Deputy Division Administrator, Housing......................................... 81,584

             Chief Assistant, Housing.................................................................... 67,518

             Chief Financial Officer, Housing........................................................ 95,650

             Division Administrator, Insurance................................................... 117,030

             Deputy Division Administrator, Insurance (each).......................... 97,901

             Deputy Division Administrator, Insurance, Captive Insurers....... 95,650

             Lead Actuary, Insurance (each)....................................................... 126,081

             Insurance Counsel/Hearing Officer (each)....................................... 97,901

             Division Administrator, Taxicab Authority.................................... 114,249

             Deputy Administrator, Taxicab Authority........................................ 87,773

             Division Administrator, Transportation Authority....................... 114,249

             Chief Transportation Inspector.......................................................... 93,187

             Commissioner, Transportation Authority (each)........................... 107,127

             Financial Analyst (each)...................................................................... 81,680

             Manager, Transportation.................................................................... 95,650

             Deputy Division Administrator, Transportation Authority........... 88,498

             Attorney, Transportation Authority................................................. 95,650

             Division Administrator, Mortgage Lending..................................... 97,901

             Deputy Division Administrator, Mortgage Lending....................... 81,584

             Certified Public Accountant, Mortgage Lending............................ 67,704

             Division Administrator, Industrial Relations.................................. 107,465

             Deputy Division Administrator, Industrial Relations (each)......... 87,773

             Attorney, Industrial Relations (each)................................................ 95,650

             Senior Attorney, Industrial Relations.............................................. 106,904

             Chief Investigator................................................................................. 81,584

             Deputy Division Administrator, Mechanical Unit........................... 81,584

             Deputy Division Administrator, Safety Consultation..................... 81,584

             Deputy Division Administrator, Mine Safety.................................. 81,584

             Division Administrator, Attorney for Injured Workers................ 118,156

             Deputy Attorney for Injured Workers (each).................................. 95,650

             Senior Deputy Attorney for Injured Workers (each).................... 106,904

 


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

ê2013 Statutes of Nevada, Page 2619 (Chapter 447, AB 511)ê

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

             Division Administrator, Employee-Management Relations Board $87,773

             Executive Assistant, Employee-Management Relations Board.... 56,265

             Division Administrator, Office of Labor Commissioner.................. 97,901

             Deputy Division Administrator, Office of Labor Commissioner... 81,584

             Chief Assistant, Office of Labor Commissioner............................... 52,504

             Division Administrator, Athletic Commission................................. 97,901

             Ombudsman of Consumer Affairs for Minorities............................ 74,367

      20.  State Department of Agriculture:

             Director, Agriculture........................................................................ $117,030

             Executive Assistant.............................................................................. 56,265

             Deputy Director, Agriculture............................................................ 107,465

             Division Administrator, Veterinary Medical Services................... 109,680

             Division Administrator, Food and Nutrition.................................... 97,901

             Deputy Division Administrator, Food and Nutrition...................... 87,773

             Division Administrator, Animal Industry......................................... 87,773

             Senior Veterinary Diagnostician......................................................... 93,356

             Supervisor, Animal Disease Laboratory........................................... 97,013

             Division Administrator, Consumer Equitability............................... 97,901

             Division Administrator, Plant Industry............................................. 97,901

             Deputy Division Administrator, Plant Industry............................... 87,773

             Southern Office Administrator, Agriculture..................................... 87,773

      21.  Commission on Mineral Resources:

             Administrator, Minerals................................................................... $104,957

             Deputy Administrator, Minerals........................................................ 83,964

             Chief for Dangerous Mines................................................................. 68,112

             Chief for Mine Regulation................................................................... 75,518

             Field Specialist, Minerals (each)......................................................... 58,221

             Program Manager, Oil, Gas and Geothermal..................................... 96,642

      22.  Department of Tourism and Cultural Affairs:

             Director, Tourism and Cultural Affairs.......................................... $117,030

             Chief Deputy, Administration............................................................. 97,901

             Executive Assistant.............................................................................. 56,265

             Public Information Officer................................................................... 79,975

             Deputy Director, Sales and Industry Partners................................. 77,600

             Deputy Director, Marketing and Advertising.................................. 77,600

             Development Specialist II, Tourism (each)....................................... 77,600

             Development Specialist, Tourism (each)........................................... 72,860

             Project Analyst II (each)...................................................................... 65,172

             Project Analyst..................................................................................... 55,894

             Development Specialist, Nevada Magazine (each)......................... 64,543

             Editor Publisher, Nevada Magazine................................................... 88,165

             Managing Editor, Publications........................................................... 67,772

             Production Manager............................................................................ 54,630

             Art Director (each)................................................................................ 57,723

             Advertising Sales Representative...................................................... 59,212

             Operations and Finance Manager...................................................... 84,870

             Public Relations Specialist.................................................................. 72,861

 


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

ê2013 Statutes of Nevada, Page 2620 (Chapter 447, AB 511)ê

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

             Division Administrator, Museums and History............................. $97,901

             Executive Director, Nevada Indian Commission.............................. 70,894

      23.  State Gaming Control Board:

             Chairman, Gaming Control Board................................................... $149,729

             Member, Gaming Control Board (each)........................................... 139,222

             Executive Assistant.............................................................................. 59,022

             Chief, Investigation............................................................................ 106,875

             Chief, Enforcement............................................................................. 106,875

             Chief, Audit......................................................................................... 106,875

             Chief, Tax and License....................................................................... 106,875

             Chief, Administration......................................................................... 106,875

             Chief Deputy, Administration............................................................. 97,159

             Executive Secretary, Gaming Control Board..................................... 97,159

             Manager, Electronics Lab.................................................................. 104,371

             Chief, Technology.............................................................................. 114,161

             Senior Lab Engineer (each)................................................................. 99,400

             Electronic Lab Engineer (each)........................................................... 94,667

             Coordinator, Applicant Services........................................................ 94,511

             Chief Deputy, Enforcement (each)..................................................... 97,159

             Information Service Manager............................................................. 99,400

             Senior Network Specialist.................................................................... 85,269

             Network Specialist II (each)................................................................ 78,576

             Network Specialist I (each).................................................................. 71,163

             Data Management Analyst................................................................. 84,089

             System Manager................................................................................... 93,558

             Programming Manager......................................................................... 93,558

             Programming Supervisor..................................................................... 88,126

             Chief Deputy, Audit (each)................................................................. 97,159

             Chief Deputy, Investigations (each).................................................. 97,159

             Chief Deputy, Tax and License........................................................... 97,159

             Hearings Officer (each)........................................................................ 93,592

             Administrative Coordinator................................................................ 84,089

             Financial Officer.................................................................................... 84,089

             Supervisor, Investigations (each)...................................................... 88,326

             Supervisor, Enforcement (each)......................................................... 88,326

             Supervisor, Audit (each)..................................................................... 88,326

             Supervisor, Tax and License (each)................................................... 88,326

             Supervisor (each).................................................................................. 88,326

             Human Resources Manager................................................................ 94,511

             Senior Agent, Technology (each)...................................................... 76,474

             Senior Agent, Investigations (each).................................................. 76,474

             Senior Agent, Audit (each)................................................................. 76,474

             Senior Agent, Tax and License (each)............................................... 76,474

             Senior Research Specialist (each)...................................................... 93,558

             Senior Agent, Enforcement (each)..................................................... 76,474

             Agent, Audit (each)............................................................................. 69,523

             Agent, Investigations (each).............................................................. 69,523

             Agent, Enforcement (each)................................................................. 69,523

             Agent, Tax and License (each)........................................................... 69,523

             Electronics Technician (each)............................................................. 61,953

 


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

ê2013 Statutes of Nevada, Page 2621 (Chapter 447, AB 511)ê

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

             Senior Program Analyst (each)......................................................... $79,220

             Special Agent (each)............................................................................ 80,297

             Special Agent, Audit (each)................................................................ 80,297

      24.  Public Utilities Commission of Nevada:

             Executive Director............................................................................. $117,030

             Chairman.............................................................................................. 123,783

             Public Utilities Commissioner (each)............................................... 117,030

             Executive Assistant (each).................................................................. 56,265

             Financial Analyst (each)...................................................................... 81,680

             Chief Attorney (each)........................................................................ 118,156

             Senior Attorney (each)...................................................................... 106,904

             Supervisor, Consumer Complaint Resolution.................................. 81,584

             Manager, Safety and Quality Assurance.......................................... 97,901

             Manager, Systems Operation............................................................. 87,773

             Public Education and Statistical Analysis Officer (each)............... 67,518

             Administrative Attorney (each)......................................................... 70,894

             Manager, Resource and Market Analysis........................................ 97,901

             Engineer, Water.................................................................................... 81,680

             Engineer, Electric (each)...................................................................... 85,836

             Senior Gas Pipeline Engineer.............................................................. 86,170

             Engineer, Gas Pipeline (each).............................................................. 81,680

             Senior Engineering Analyst................................................................ 73,194

             Manager, Policy Analysis................................................................... 97,901

             Director, Regulatory Operations...................................................... 117,030

             Manager, Consumer Complaint Resolution...................................... 97,901

             Senior Analyst...................................................................................... 73,194

             Rural Consumer Representative......................................................... 66,039

             Manager, Tariffs and Compliance...................................................... 97,901

             Commission Secretary.......................................................................... 97,901

             Assistant Commission Secretary....................................................... 87,773

             Senior Regulatory Economist............................................................. 87,667

             Regulatory Economist (each).............................................................. 87,667

             Commission Policy Advisory (each)................................................. 90,127

             Senior Utility Analyst (each).............................................................. 73,194

             Resource Planning Engineer............................................................... 81,680

             Legal Case Manager............................................................................. 57,124

      25.  Department of Motor Vehicles:

             Director............................................................................................... $127,721

             Deputy Director, Motor Vehicles..................................................... 123,783

             Executive Assistant.............................................................................. 56,265

             Division Administrator, DMV Motor Carrier.................................... 97,901

             Deputy Administrator, DMV Motor Carrier..................................... 87,773

             Division Administrator, DMV Management Services.................... 97,901

             Division Administrator, DMV Automation...................................... 97,901

             Division Administrator, DMV Field Services................................. 107,465

             Deputy Administrator, DMV Field Services..................................... 97,901

             Division Administrator, DMV Compliance Enforcement.............. 107,465

             Deputy Administrator, Compliance Enforcement (each)................ 97,901

             Division Administrator, DMV Central Services............................... 97,901

             Division Administrator, DMV Administrative Services................. 97,901

 


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

ê2013 Statutes of Nevada, Page 2622 (Chapter 447, AB 511)ê

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

             Chief Administrative Law Judge, DMV (licensed attorney)...... $118,156

             Chief Administrative Law Judge, DMV (other than licensed attorney) 106,904

             DMV Administrative Law Judge (licensed attorney) (each)........ 106,904

             DMV Administrative Law Judge (other than licensed attorney) (each) 95,650

      26.  Department of Public Safety:

             Director............................................................................................... $127,721

             Deputy Director, Public Safety......................................................... 123,783

             Executive Assistant.............................................................................. 56,265

             Division Administrator, Parole and Probation............................... 123,783

             Chairman, State Board of Parole Commissioners........................... 107,465

             Parole Board Member (each)............................................................... 87,773

             Executive Assistant, Parole Board..................................................... 56,265

             Division Administrator, General Services....................................... 112,276

             Division Administrator, State Fire Marshal.................................... 107,465

             Division Administrator, Capitol Police.............................................. 97,901

             Division Administrator, Investigations........................................... 117,030

             Division Administrator, Highway Safety Planning and Administration 81,584

             Chief, Nevada Highway Patrol.......................................................... 123,783

             Lieutenant Colonel, Nevada Highway Patrol................................. 123,783

             Division Administrator, Homeland Security................................... 117,030

             Analyst Supervisor / NAIC Manager................................................ 74,093

      27.  Department of Corrections:

             Director............................................................................................... $127,721

             Executive Assistant.............................................................................. 56,265

             Medical Director................................................................................. 191,379

             Deputy Director, Operations, Northern Region............................. 117,030

             Deputy Director, Industrial Programs.............................................. 117,030

             Deputy Director, Operations, Southern Region............................. 117,030

             Deputy Director, Support Services.................................................. 117,030

             Division Administrator, EEO and Training....................................... 87,773

      28.  Peace Officers’ Standards and Training Commission:

             Director................................................................................................. $97,901

             Deputy Director.................................................................................... 87,773

             Executive Assistant.............................................................................. 56,265

             Bureau Chief (each).............................................................................. 77,272

             Training Specialist (each).................................................................... 70,533

      29.  State Department of Conservation and Natural Resources:

             Director............................................................................................... $127,721

             Deputy Director.................................................................................. 106,904

             Division Administrator, Environmental Protection....................... 123,783

             Division Administrator, Water Resources...................................... 123,783

             Division Administrator, Forestry..................................................... 107,465

             Division Administrator, State Parks................................................. 107,465

             Division Administrator, State Lands................................................. 97,901

 


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

ê2013 Statutes of Nevada, Page 2623 (Chapter 447, AB 511)ê

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

             District Supervisor, Water Commissioner, Water Resources...... $70,894

             Administrator, Natural Heritage......................................................... 81,584

             Administrator, Historic Preservation................................................. 97,901

      30.  Department of Wildlife:

             Director............................................................................................... $117,030

             Deputy Director (each)...................................................................... 107,465

             Executive Assistant.............................................................................. 56,265

             Chief Game Warden.............................................................................. 97,901

             Division Administrator, Conservation Education........................... 87,773

             Division Administrator, Fisheries Management.............................. 87,773

             Division Administrator, Game Management.................................... 87,773

             Division Administrator, Habitat......................................................... 87,773

             Division Administrator, Wildlife Administration............................. 87,773

             Division Administrator, Wildlife Diversity....................................... 87,773

      31.  Department of Transportation:

             Director............................................................................................... $127,721

             Deputy Director (each)...................................................................... 124,908

             Executive Assistant.............................................................................. 56,265

             Assistant Director, Administrative Services.................................. 107,465

             Assistant Director, Planning and Program Development............. 107,465

             Assistant Director, Engineering....................................................... 123,783

             Assistant Director, Operations......................................................... 123,783

             Hearings Officer.................................................................................... 70,894

             Administrative Coordinator................................................................ 84,089

      32.  Colorado River Commission of Nevada:

             Director............................................................................................... $131,826

             Deputy Director.................................................................................. 125,340

             Division Head, Power......................................................................... 119,445

             Division Head, Water......................................................................... 119,445

             Administrative Services Officer........................................................ 119,445

             Office Manager..................................................................................... 65,654

             Senior Energy Accountant (each)...................................................... 89,528

             Natural Resource Specialist (each).................................................. 103,853

             Environmental Program Manager..................................................... 107,434

             Network Administrator (each)............................................................ 77,591

             Power Supply Manager..................................................................... 110,188

             Assistant Director Engineering and Operations............................ 119,372

             Assistant Director Energy Information Systems........................... 107,434

             Power Facilities Manager.................................................................. 107,434

             Power Facilities Communication Technician (each)........................ 83,560

             Senior Power Facilities Electrician (each).......................................... 83,560

             Senior Power Facilities Engineer...................................................... 103,302

             Power Facilities Electrician.................................................................. 77,591

             Hydropower Program Manager........................................................ 113,404

             Assistant Hydropower Program Manager...................................... 101,466

             Manager, Power Planner.................................................................... 106,904

             Power Supply Planner........................................................................ 107,465

             Assistant Power Supply Planner........................................................ 93,186

             Manager, Power Accounting............................................................ 106,904

 


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

ê2013 Statutes of Nevada, Page 2624 (Chapter 447, AB 511)ê

 

                                                                                                                             Annual

Title or Position                                                                                                   Salary

             Energy Accountant (each)................................................................ $78,771

      33.  Public Employees’ Benefits Program:

             Executive Officer............................................................................... $123,783

             Executive Assistant.............................................................................. 56,265

             Quality Control Officer......................................................................... 95,650

             Operations Officer.............................................................................. 105,216

             Chief Financial Officer.......................................................................... 95,650

             Chief Information Officer..................................................................... 95,650

             Financial Analyst.................................................................................. 80,459

      34.  Veterans Services:

             Executive Director, Veterans Services............................................. $95,650

             Deputy Director, Veterans Services................................................... 81,584

             Administrator, Veterans Home......................................................... 107,465

      35.  Office of the Military:

             Adjutant General............................................................................... $117,030

      36.  Medical and Related Positions:

             Senior Physician (Range C) (each)................................................. $155,624

             Senior Psychiatrist (Range C) (each)............................................... 176,902

             Senior Institutional Dentist (Range B) (each)................................ 138,455

             Pharmacist 3......................................................................................... 120,470

             Pharmacist 2 (each)............................................................................. 109,518

             Pharmacist 1 (each)............................................................................... 99,563

Ê A Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology.

      Sec. 2.  1.  If any unclassified position is omitted from this act for Fiscal Year 2013-2014 or Fiscal Year 2014-2015, the Division of Human Resource Management of the Department of Administration shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.

      2.  If the Fiscal Analysis Division of the Legislative Counsel Bureau determines that the title or maximum salary for a position set forth in section 1 of this act contains a typographical or other error that misrepresents the maximum salary intended to be set forth in section 1 of this act, the Interim Finance Committee may review the duties and responsibilities of the position and establish the appropriate title and maximum salary for the position pursuant to the intent of the 77th Session of the Nevada Legislature.

      3.  An employee occupying a position that is currently in the classified service that is moved into the unclassified service pursuant to this act has the option to remain in the classified service at his or her current grade, with all rights afforded classified employees, or move into the unclassified service. If the employee chooses to move into the unclassified service, the employee cannot at a later date choose to return to the classified service while occupying this position.

      4.  Once an employee vacates the position moved into the unclassified service pursuant to this act, the employee who is the replacement in the position will be in the unclassified service.

 


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

ê2013 Statutes of Nevada, Page 2625 (Chapter 447, AB 511)ê

 

      5.  If the salary for a position that is currently in the classified service or nonclassified service and that is moved into the unclassified service is reduced pursuant to this act, the salary for the employee currently serving in the position will be retained at its current level and the employee will be subject to unpaid furlough leave pursuant to section 3 of this act. Once the employee serving in the position vacates the position, the unclassified salary is established at the level in section 1 of this act.

      6.  If the salary for an employee occupying a position in the unclassified service on June 30, 2013, is more than the maximum salary for that position as set forth in section 1 of this act, the salary for that employee must be retained at the level in effect on June 30, 2013. Such an employee is subject to unpaid furlough leave pursuant to section 3 of this act. Once an employee vacates a position for which the previous salary is retained pursuant to this section, the maximum salary for that position must be reduced to the amount set forth in section 1 of this act.

      Sec. 3.  1.  Except as otherwise provided in section 5 of this act:

      (a) For Fiscal Year 2013-2014 and Fiscal Year 2014-2015, each employee of the State shall:

             (1) If he or she is a full-time employee, take 48 hours of unpaid furlough leave each fiscal year.

             (2) If he or she is employed less than full time, take a number of hours of unpaid furlough leave each fiscal year which is equal to the average number of hours worked per working day multiplied by 6.

      (b) Except as otherwise provided in subsection 3, the requirements in paragraph (a) apply to the Executive, Judicial and Legislative Departments of State Government and includes the Nevada System of Higher Education, the Public Employees’ Retirement System and all other entities of State Government.

      2.  Furlough leave pursuant to this section must be scheduled and approved in the same manner as other leave. Notwithstanding any statute or regulation to the contrary and except as otherwise provided by regulation adopted pursuant to this section by the Personnel Commission, an employee who is on furlough leave is considered to have worked that day or portion of a day, as applicable, for all purposes except payment of salary and determination of overtime, including without limitation:

      (a) Accrual of sick and annual leave;

      (b) Determining the employee’s pay progression date;

      (c) Continuity of service and years of service for the purposes of payments pursuant to the plan to encourage continuity of service;

      (d) The duration of a probationary period;

      (e) Determining eligibility for holiday pay if the shift immediately precedes a holiday;

      (f) Seniority for all purposes, including layoffs;

      (g) The Public Employees’ Benefits Program; and

      (h) The Public Employees’ Retirement System, including for the purposes of contributions to the System, subject to the requirements of sections 4 and 5 of this act.

      3.  The Board of Regents of the University of Nevada shall determine and implement the method by which the professional employees of the Nevada System of Higher Education will participate in the requirements pertaining to furlough leave pursuant to this section.

 


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ê2013 Statutes of Nevada, Page 2626 (Chapter 447, AB 511)ê

 

      4.  Except as otherwise provided in subsection 3, the Personnel Commission shall adopt regulations to carry out the provisions of this section.

      Sec. 4.  1.  It is the intent of the Legislature to establish a program whereby employees of the State and other participating employers who take furlough leave due to extreme fiscal need, including employees required to take furlough leave pursuant to section 3 of this act, be held harmless in the accumulation of retirement service credit and reported salary pursuant to chapter 286 of NRS.

      2.  Except as otherwise required as a result of NRS 286.537 and notwithstanding the provisions of NRS 286.481, an employee is entitled to receive full service credit for time taken as furlough leave pursuant to the program established pursuant to section 3 of this act if:

      (a) The employee does not take more than 48 hours of furlough leave each year in Fiscal Year 2013-2014 and Fiscal Year 2014-2015; and

      (b) The public employer certifies to the System that the employer is participating in the furlough program established pursuant to section 3 of this act and that the furlough leave which is reported for the employee is taken in accordance with the requirements of section 3 of this act.

      3.  In any month in which a day, or a portion of a day, of furlough leave is taken, an employee is entitled to receive full-time service credit for the furlough leave in accordance with the normal workday for the employee. An employee who is less than full time is entitled to service credit in the same manner and to the same extent as though the employee had worked the hours taken as furlough leave.

      4.  When a member is on furlough leave pursuant to the program certified by the public employer in accordance with this section, the public employer must:

      (a) Include all information required by the System on the public employer’s regular monthly retirement report as provided in NRS 286.460; and

      (b) Pay all required employer and employee contributions to the System based on the compensation that would have been paid to the member but for the member’s participation in the program. The public employer may recover from the employee the amount of the employee contributions set forth in NRS 286.410.

      5.  Service credit under the program established pursuant to this section must be computed according to the fiscal year.

      6.  As used in this section:

      (a) “Member” has the meaning ascribed to it in NRS 286.050.

      (b) “Public employer” has the meaning ascribed to it in NRS 286.070.

      (c) “System” means the Public Employees’ Retirement System.

      Sec. 5.  1.  It is the intent of the Legislature to limit exceptions to the requirement of furlough leave for employees of the State pursuant to section 3 of this act to identified areas of critical need. If an employer, including the State, participating in the program established pursuant to section 3 of this act determines that a position cannot be subject to furlough leave because of the need to provide appropriate services that are necessary to the protection of public health, safety and welfare, the governing body of the agency must make findings on the record in a public meeting that:

      (a) The position is necessary to the protection of public health, safety, or welfare;

 


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ê2013 Statutes of Nevada, Page 2627 (Chapter 447, AB 511)ê

 

      (b) The public health, safety or welfare will be significantly diminished if mandatory furlough leave is implemented for employees in these positions; and

      (c) No alternatives exist to provide for the protection of public health, safety or welfare.

      2.  For the purposes of subsection 1:

      (a) Except as otherwise provided in this subsection, the State Board of Examiners shall determine positions within the Executive Branch of State Government that cannot be subject to furlough leave.

      (b) The Board of Regents of the University of Nevada shall determine positions within the Nevada System of Higher Education that cannot be subject to furlough leave.

      (c) The Public Employees’ Retirement Board shall determine positions within the Public Employees’ Retirement System that cannot be subject to furlough leave.

      (d) The Supreme Court shall determine positions within the Judicial Branch of State Government that cannot be subject to furlough leave.

      (e) The Legislative Commission shall determine positions within the Legislative Branch of State Government that cannot be subject to furlough leave.

      3.  The entities described in subsection 2 shall report to the Interim Finance Committee on a quarterly basis all positions that have been determined not to be subject to furlough leave pursuant to this section and the reasons for such determinations.

      4.  If the position of an employee is determined not to be subject to furlough leave pursuant to this section, the salary of the employee must be reduced by 2.3 percent for the portion of the 2013-2015 biennium during which the position is not subject to furlough leave.

      Sec. 6.  1.  There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $16,024,944 for the purpose of meeting any deficiencies for Fiscal Year 2013-2014, which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 77th Session of the Nevada Legislature, and the actual salary of each state employee, excluding any previous salary reductions.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the employees of the respective departments, commissions and agencies under the adjusted pay plan.

      Sec. 7.  1.  There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $16,021,435 for the purpose of meeting any deficiencies for Fiscal Year 2014-2015, which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 77th Session of the Nevada Legislature, and the actual salary of each state employee, excluding any previous salary reductions.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the employees of the respective departments, commissions and agencies under the adjusted pay plan.

 


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ê2013 Statutes of Nevada, Page 2628 (Chapter 447, AB 511)ê

 

various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the employees of the respective departments, commissions and agencies under the adjusted pay plan.

      Sec. 8.  1.  There is hereby appropriated from the State Highway Fund to the State Board of Examiners the sum of $1,846,322 for the purpose of meeting any deficiencies for Fiscal Year 2013-2014 and the sum of $1,866,084 for the purpose of meeting any deficiencies for Fiscal Year 2014-2015, which may exist between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority, as fixed by the 77th Session of the Nevada Legislature, and actual salaries of the personnel of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority, excluding any previous salary reductions.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the Department of Motor Vehicles, the Department of Public Safety and the Nevada Transportation Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to meet and pay the salaries of the employees of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority under the adjusted pay plan.

      Sec. 9.  The Department of Health and Human Services and the Department of Corrections may adopt a plan to authorize additional payments of up to $60 for a specified period on a weeknight and of up to $100 for a specified period on a weekend day for unclassified employees, who are Senior Psychiatrists, Senior Physicians or Pharmacists to perform on-call responsibilities to ensure 24-hour coverage in psychiatric treatment facilities, and correctional facilities and institutions. On-call responsibilities for Senior Psychiatrists and Senior Physicians include, without limitation, attending to clinical emergencies, evaluation of patients subject to seclusion and restraint, and completing rounds during weekends. On-call responsibilities for Pharmacists, include, without limitation, consultation with medical personnel and first dosage reviews.

      Sec. 10.  The State Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as an electronic laboratory engineer and possess a bachelor of science or higher degree in engineering, electronic engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.

      Sec. 11.  Any remaining balance of an appropriation made by section 6, 7 or 8 of this act must not be committed for expenditure after June 30, 2015, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 18, 2015.

 


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ê2013 Statutes of Nevada, Page 2629 (Chapter 447, AB 511)ê

 

the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 18, 2015.

      Sec. 12.  When determining the allocations of the money appropriated in sections 6, 7 and 8 of this act, the State Board of Examiners must not distribute money to an account beyond the maximum salary need amount determined for the account. Appropriations established for an account within a department, agency or commission must not be distributed to another account within the department, agency or commission if that action results in the distribution of money beyond the maximum salary need amount determined for the account.

      Sec. 13.  The four semiannual payments to which a state employee would otherwise be entitled pursuant to NRS 284.177 must not be made during Fiscal Year 2013-2014 and Fiscal Year 2014-2015. For the purposes of payment made pursuant to NRS 284.177 on or after July 1, 2015, any service during that 2-year period must be considered in determining the length of continuous service of an employee, but an employee is not entitled to semiannual payments that would otherwise have been made during the period during which the semiannual payments are suspended.

      Sec. 14.  No merit pay increases which a state employee would otherwise be entitled pursuant to chapter 284 of NRS and any regulations adopted pursuant thereto may be granted during Fiscal Year 2013-2014. For the purposes of merit pay increases granted on or after July 1, 2014, an employee is not entitled to any increases that would otherwise have been granted during that period.

      Sec. 15. NRS 408.111 is hereby amended to read as follows:

      408.111  1.  The Department consists of a Director, two Deputy Directors, a Chief Engineer and the following divisions:

      (a) Administrative Division.

      (b) Operations Division.

      (c) Engineering Division.

      (d) Planning Division.

      2.  The head of a Division is an assistant director. Assistant directors are in the [classified] unclassified service of the State.

      Sec. 16.  1.  This section and section 6 of this act become effective upon passage and approval.

      2.  Sections 1 to 5, inclusive, and 7 to 15, inclusive, of this act become effective on July 1, 2013.

________

 

 

 

 

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 2630ê

 

CHAPTER 448, SB 467

Senate Bill No. 467–Committee on Finance

 

CHAPTER 448

 

[Approved: June 10, 2013]

 

AN ACT relating to education; removing the requirement for certain approval of expenditures from the Education Gift Fund; revising provisions governing the qualifications for the Office of Superintendent of Public Instruction and other authorized business pursuits by the Superintendent; revising provisions relating to the payment of the expenses of holding certain conferences; revising provisions relating to deputies within the Department of Education; transferring certain duties from the Superintendent and his or her deputies to the Department of Education; revising provisions governing the Account for Programs for Innovation and the Prevention of Remediation; abolishing the Commission on Educational Excellence; revising the date by which school districts and charter schools are required to submit annual budgetary reports; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 6 of this bill removes the requirement that any expenditure from the Education Gift Fund be approved by the Legislature or the Interim Finance Committee.

      Section 8 of this bill revises the qualifications for the Office of the Superintendent of Public Instruction to remove the requirement that the Superintendent hold a master’s degree in the field of education or school administration.

      Section 9 of this bill transfers the authority to approve the pursuit by the Superintendent of Public Instruction of any other business or occupation or holding any other office of profit from the State Board of Education to the Governor, who appoints the Superintendent.

      Section 10 of this bill removes the requirement under existing law that the expenses of holding teachers’ and administrators’ conferences be paid from the State Distributive School Account in the State General Fund, not to exceed $8,400 in any biennium.

      Existing law authorizes the Superintendent of Public Instruction to appoint a Deputy Superintendent of Instructional, Research and Evaluative Services and a Deputy Superintendent for Administrative and Fiscal Services and prescribes the qualifications and duties of each of those Deputies. (NRS 385.290-385.320) Sections 14 and 67 of this bill remove these designated deputies, and instead section 14 authorizes the Superintendent of Public Instruction to appoint such deputy superintendents as the execution of the Superintendent’s duties may require. Sections 11-13, 15 and 16 of this bill transfer certain duties of the Superintendent of Public Instruction and his or her deputies to the Department of Education.

      Existing law creates the Commission on Educational Excellence and authorizes the Commission to make allocations from the Account for Programs for Innovation and the Prevention of Remediation to public schools and consortiums of public schools whose applications are approved by the Commission for programs to improve pupil achievement or innovative programs, or both. (NRS 385.3781-385.379) Section 67 abolishes the Commission, and section 18.5 of this bill revises the purpose for which the money in the Account may be used to allow its use only for public schools and public education, as authorized by the Legislature.

 


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ê2013 Statutes of Nevada, Page 2631 (Chapter 448, SB 467)ê

 

      Sections 21 and 22 of this bill impose an earlier deadline by which the board of trustees of each school district and the governing body of each charter school, respectively, are required to submit an annual report of their budgets to the Superintendent of Public Instruction and other specified recipients.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-5. (Deleted by amendment.)

      Sec. 6. NRS 385.095 is hereby amended to read as follows:

      385.095  Except as otherwise provided in NRS 385.091:

      1.  All gifts of money which the State Board is authorized to accept must be deposited in a special revenue fund in the State Treasury designated as the Education Gift Fund.

      2.  The money available in the Education Gift Fund must be used only for the purpose specified by the donor, within the scope of the State Board’s powers and duties . [, and no expenditure may be made until approved by the Legislature in an authorized expenditure act or by the Interim Finance Committee if the Legislature is not in session.]

      3.  If all or part of the money accepted by the State Board from a donor is not expended before the end of any fiscal year, the remaining balance of the amount donated must remain in the Education Gift Fund until needed for the purpose specified by the donor.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 385.160 is hereby amended to read as follows:

      385.160  To be eligible to the Office of Superintendent of Public Instruction, a person shall:

      1.  Have attained the age of 21 years at the time of his or her appointment; and

      2.  [Hold a master’s degree in the field of education or school administration; and

      3.]  Possess the knowledge and ability to carry out the duties required by this title and all other statutes and regulations governing K-12 public education.

      Sec. 9. NRS 385.170 is hereby amended to read as follows:

      385.170  The Superintendent shall not pursue any other business or occupation or hold any other office of profit without the approval of the [State Board of Education.] Governor.

      Sec. 10. NRS 385.190 is hereby amended to read as follows:

      385.190  1.  The Superintendent of Public Instruction or a staff member designated by the Superintendent shall:

      (a) Convene teachers’ conferences in the various sections of the State in such places and at such times as he or she deems advisable.

      (b) Engage such conference lecturers and leaders as he or she deems advisable.

      (c) Preside over and regulate the programs of all teachers’ conferences.

      2.  No teachers’ conference may continue more than 5 days.

      3.  The Superintendent of Public Instruction or the designated staff member shall convene, in such places and at such times as he or she may designate, conferences of school administrators.

 


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ê2013 Statutes of Nevada, Page 2632 (Chapter 448, SB 467)ê

 

      [4.  The expenses of holding teachers’ and administrators’ conferences must be paid from the State Distributive School Account in the State General Fund, but the amount must not exceed $8,400 in any one biennium. The State Controller shall draw his or her warrants for such expenses upon the order of the Superintendent of Public Instruction.]

      Sec. 11. NRS 385.210 is hereby amended to read as follows:

      385.210  1.  The [Superintendent of Public Instruction] Department shall prescribe a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools.

      2.  The [Superintendent] Department shall prepare [pamphlet] copies of the codified statutes relating to schools and shall transmit a copy to each school, school trustee and other school officer in this State. If the State Board adopts regulations to carry out these codified statutes or if additions or amendments are made to these codified statutes, the [Superintendent] Department shall have the regulations, additions or amendments printed and transmitted immediately thereafter. Each [pamphlet] copy must be marked “State property—to be turned over to your successor in office.” Each school shall maintain a copy [of the pamphlet] with any regulations, additions or amendments in the school library.

      3.  In addition to the requirements set forth in subsection 2, the [Superintendent] Department shall, to the extent practicable and not later than July 1 of each year, provide to the board of trustees of each school district and to the governing body of each charter school a memorandum that includes:

      (a) A description of each statute newly enacted by the Legislature which affects the public schools in this State and the pupils who are enrolled in the public schools in this State. The memorandum may compile all the statutes into one document.

      (b) A description of each bill, or portion of a bill, newly enacted by the Legislature that appropriates or authorizes money for public schools or for employees of a school district or charter school, or both, or otherwise affects the money that is available for public schools or for employees of school districts or charter schools, or both, including, without limitation, each line item in a budget for such an appropriation or authorization. The memorandum may compile all bills, or portions of bills, as applicable, into one document.

      (c) If a statute or bill described in the memorandum requires the State Board or the Department to take action to carry out the statute or bill, a brief plan for carrying out that statute or bill.

      (d) The date on which each statute and bill described in the memorandum becomes effective and the date by which it must be carried into effect by a school district or public school, including, without limitation, a charter school.

      4.  If a statute or bill described in subsection 3 is enacted during a special session of the Legislature that concludes after July 1, the [Superintendent] Department shall prepare an addendum to the memorandum that includes the information required by this section for each such statute or bill. The addendum must be provided to the board of trustees of each school district and the governing body of each charter school not later than 30 days after the special session concludes.

 


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ê2013 Statutes of Nevada, Page 2633 (Chapter 448, SB 467)ê

 

      5.  The [Superintendent] Department shall, if directed by the State Board, prepare and publish a bulletin as the official publication of the Department.

      Sec. 12. NRS 385.230 is hereby amended to read as follows:

      385.230  1.  The [Superintendent of Public Instruction] Department shall, in conjunction with the State Board, prepare an annual report of the state of public education in this State. The report must include, without limitation:

      (a) An analysis of each annual report of accountability prepared by the State Board pursuant to NRS 385.3469;

      (b) An update on the status of K-12 public education in this State;

      (c) A description of the most recent vision and mission statements of the State Board and the Department, including, without limitation, the progress made by the State Board and Department in achieving those visions and missions;

      (d) A description of the goals and benchmarks for improving the academic achievement of pupils which are included in the plan to improve the achievement of pupils required by NRS 385.34691;

      (e) An analysis of the progress the public schools have made in the previous year toward achieving the goals and benchmarks for improving the academic achievement of pupils;

      (f) An analysis of whether the standards and examinations adopted by the State Board adequately prepare pupils for success in postsecondary educational institutions and in career and workforce readiness;

      (g) An analysis of the extent to which school districts and charter schools recruit and retain effective teachers and principals;

      (h) An analysis of the ability of the automated system of accountability information for Nevada established pursuant to NRS 386.650 to link the achievement of pupils to the performance of the individual teachers assigned to those pupils and to the principals of the schools in which the pupils are enrolled;

      (i) An analysis of the extent to which the lowest performing public schools have improved the academic achievement of pupils enrolled in those schools;

      (j) A summary of the innovative educational programs implemented by public schools which have demonstrated the ability to improve the academic achievement of pupils, including, without limitation:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board; and

      (k) A description of any plan of corrective action requested by the Superintendent of Public Instruction from the board of trustees of a school district or the governing body of a charter school and the status of that plan.

      2.  In odd-numbered years, the Superintendent of Public Instruction shall present the report prepared pursuant to subsection 1 in person to the Governor and each standing committee of the Legislature with primary jurisdiction over matters relating to K-12 public education at the beginning of each regular session of the Legislature.

 


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ê2013 Statutes of Nevada, Page 2634 (Chapter 448, SB 467)ê

 

primary jurisdiction over matters relating to K-12 public education at the beginning of each regular session of the Legislature.

      3.  In even-numbered years, the Superintendent of Public Instruction shall, on or before January 31, submit a written copy of the report prepared pursuant to subsection 1 to the Governor and to the Legislative Committee on Education.

      Sec. 13. NRS 385.240 is hereby amended to read as follows:

      385.240  1.  The [Superintendent of Public Instruction] Department shall approve or disapprove lists of books for use in public school libraries except for the libraries of charter schools. Such lists must not include books containing or including any story in prose or poetry the tendency of which would be to influence the minds of children in the formation of ideals not in harmony with truth and morality or the American way of life, or not in harmony with the Constitution and laws of the United States or of the State of Nevada.

      2.  Actions of the [Superintendent] Department with respect to lists of books are subject to review and approval or disapproval by the State Board.

      Sec. 14. NRS 385.290 is hereby amended to read as follows:

      385.290  [1.]  The Superintendent of Public Instruction may appoint [a Deputy Superintendent of Instructional, Research and Evaluative Services who:

      (a) Holds a master’s degree in school administration or a related subject from an accredited college or university.

      (b) Has a minimum of 3 years of administrative experience which includes:

             (1) Supervision and evaluation of staff;

             (2) Development and administration of budgets; and

             (3) Development of curriculum.

      2.  The Deputy Superintendent of Instructional, Research and Evaluative Services] such deputy superintendents as the execution of the Superintendent’s duties may require. A deputy superintendent may perform any duty required of the Superintendent of Public Instruction during the absence of the Superintendent and shall do such work as the Superintendent may direct under the laws of the State.

      Sec. 15. NRS 385.310 is hereby amended to read as follows:

      385.310  The [Deputy Superintendent for Administrative and Fiscal Services, under the direction of the Superintendent of Public Instruction,] Department shall:

      1.  Determine the apportionment of all state school money to schools of the State as prescribed by law.

      2.  Develop for public schools of the State a uniform system of budgeting and accounting. The system must provide for the separate reporting of expenditures for each:

      (a) School district; and

      (b) School within a school district.

Ê Upon approval of the State Board, the system is mandatory for all public schools in this State and must be enforced as provided in subsection 2 of NRS 385.315.

      3.  Carry on a continuing study of school finance in the State, particularly the method by which schools are financed on the state level, and make such recommendations to the Superintendent of Public Instruction for submission to the State Board as [he or she] the Department deems advisable.

 


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ê2013 Statutes of Nevada, Page 2635 (Chapter 448, SB 467)ê

 

make such recommendations to the Superintendent of Public Instruction for submission to the State Board as [he or she] the Department deems advisable.

      4.  Recommend to the Superintendent of Public Instruction for submission to the State Board such changes in budgetary and financial procedures as the studies may show to be advisable.

      5.  Perform such other statistical and financial duties pertaining to the administration and finances of the schools of the State as may be required by the Superintendent of Public Instruction.

      6.  Prepare for the Superintendent of Public Instruction the biennial budgets of the Department for consideration by the State Board and submission to the Governor.

      Sec. 16. NRS 385.315 is hereby amended to read as follows:

      385.315  [In addition to any other duties, the Deputy Superintendent for Administrative and Fiscal Services, under the direction of the Superintendent of Public Instruction,] The Department shall:

      1.  Investigate any claim against any school fund or an account established under NRS 354.603, 386.570 or 392A.083, as applicable, whenever a written protest against the drawing of a warrant, check or order in payment of the claim is filed with the county auditor, the sponsor of the charter school or the Department. If, upon investigation, the [Deputy Superintendent] Department finds that any such claim is unearned, illegal or unreasonably excessive, the [Deputy Superintendent] Department shall notify the county auditor and the clerk of the board of trustees, the governing body of the charter school or the governing body of the university school for profoundly gifted pupils who drew or authorized the order for the claim, stating the reasons in writing why the order is unearned, illegal or excessive. If so notified, the county auditor shall not draw his or her warrant in payment of the claim nor shall the board of trustees, governing body of the charter school or governing body of the university school for profoundly gifted pupils draw a check or order in payment of the claim from an account established under NRS 354.603, 386.570 or 392A.083, as applicable. If the [Deputy Superintendent] Department finds that any protested claim is legal and actually due the claimant, the [Deputy Superintendent] Department shall authorize the county auditor, the board of trustees, the governing body of the charter school or the governing body of the university school for profoundly gifted pupils, as applicable, to draw his or her warrant or its check or order on an account established under NRS 354.603, 386.570 or 392A.083, as applicable, for the claim, and the county auditor, the board of trustees or the appropriate governing body shall immediately draw his or her warrant or its check or order in payment of the claim.

      2.  Inspect the record books and accounts of boards of trustees, governing bodies of charter schools and governing bodies of university schools for profoundly gifted pupils and enforce the uniform method of keeping the financial records and accounts of school districts, charter schools and university schools for profoundly gifted pupils.

      3.  Inspect the school fund accounts of the county auditors of the several counties and report the condition of the funds of any school district to the board of trustees thereof.

      4.  Inspect the accounts established by:

 


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      (a) The boards of trustees under NRS 354.603 and report the condition of the accounts to the respective boards of county commissioners and county treasurers.

      (b) The governing bodies of charter schools under NRS 386.570 and report the condition of the accounts to the respective sponsors of the charter schools and governing bodies of the charter schools.

      (c) The governing bodies of university schools for profoundly gifted pupils under NRS 392A.083 and report the condition of the accounts to the Board of Regents of the University of Nevada and the respective governing bodies of the university schools.

      Sec. 17. NRS 385.320 is hereby amended to read as follows:

      385.320  [The Deputy Superintendent of Instructional, Research and Evaluative Services and the Deputy Superintendent for Administrative and Fiscal Services:

      1.  Are] Each deputy superintendent appointed by the Superintendent of Public Instruction pursuant to NRS 385.290:

      1.  Is in the unclassified service of the State.

      2.  Except as otherwise provided in NRS 284.143, shall each devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 18. (Deleted by amendment.)

      Sec. 18.5. NRS 385.379 is hereby amended to read as follows:

      385.379  1.  The Account for Programs for Innovation and the Prevention of Remediation is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 2 . [or 3.] The interest and income earned on the sum of:

      (a) The money in the Account; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      2.  [Except as otherwise provided in NRS 385.3784 and subsection 3, the] The money in the Account may only be used for [the allocation of money to] public schools and [consortiums of public schools whose applications are approved by the Commission pursuant to NRS 385.3785.

      3.  Upon the request of the Commission:

      (a) Not more than $50,000 in the Account may be used each biennium to pay:

             (1) The expenses incurred by members of the Commission to travel to the public schools and consortiums of public schools that received allocations of money from the Account; and

             (2) The costs incurred by the Commission to hold meetings or conferences for representatives of public schools and consortiums of schools that received allocations of money from the Account to discuss or display, or both, programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

 


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      (b) Not more than $450,000 in the Account may be used each biennium to pay for an evaluation of the programs for which money was allocated from the Account. If the Commission uses money in the Account for such an evaluation, the Commission shall ensure that:

             (1) A request for proposals is issued and a qualified, independent consultant is selected to conduct the evaluation;

             (2) Upon selection of the consultant, the Commission receives approval of the consultant and the plan for the evaluation from the Committee;

             (3) The evaluation is designed to determine the effectiveness of the programs for which money was allocated from the Account in improving the achievement of pupils;

             (4) The evaluation includes an identification of the programs for which money was allocated from the Account that did not improve the achievement of pupils as described in the approved application for the grant;

             (5) The evaluation includes an identification of the public schools and consortiums of public schools that did not implement the programs for which money was allocated from the Account as described in the approved application for the grant; and

             (6) The evaluation includes a compilation and review of each evaluation required to be submitted by public schools and consortiums of public schools pursuant to NRS 385.3787.] public education, as authorized by the Legislature.

      Sec. 19. NRS 385.389 is hereby amended to read as follows:

      385.389  1.  The Department shall adopt programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015 and 389.550, including, without limitation, programs that are designed for pupils who are limited English proficient. The programs adopted for pupils who are limited English proficient must be designed to:

      (a) Improve the academic achievement of those pupils; or

      (b) Assist those pupils with attaining proficiency in the English language.

Ê In adopting these programs of remedial study, the Department shall consider the recommendations submitted by the Committee pursuant to NRS 218E.615 and programs of remedial study that have proven to be successful in improving the academic achievement of pupils.

      2.  If a school fails to make adequate yearly progress based upon the results of the examinations administered pursuant to NRS 389.015 or 389.550, the school shall adopt a program of remedial study that has been adopted by the Department pursuant to subsection 1 . [or a program, practice or strategy recommended by the Commission on Educational Excellence pursuant to NRS 385.3785, or any combination thereof, as applicable.]

      3.  A school district that includes a school described in subsection 2 shall ensure that each of the pupils enrolled in the school who failed to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015 or 389.550, as applicable, completes remedial study that is determined to be appropriate for the pupil.

      Sec. 20. (Deleted by amendment.)

      Sec. 21. NRS 386.600 is hereby amended to read as follows:

      386.600  1.  On or before November [15] 1 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the Superintendent of Public Instruction and the Director of the Legislative Counsel Bureau for transmission to the Majority Leader of the Senate and the Speaker of the Assembly a report that includes:

 


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Counsel Bureau for transmission to the Majority Leader of the Senate and the Speaker of the Assembly a report that includes:

      (a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.

      (b) For each fund maintained by the charter school, including, without limitation, the general fund of the charter school and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the final budget of the charter school, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

      (c) The actual expenditures of the charter school in the fiscal year immediately preceding the report.

      (d) The proposed expenditures of the charter school for the current fiscal year.

      (e) The salary schedule for licensed employees and nonlicensed teachers in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the governing body shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations.

      (f) The number of employees eligible for health insurance within the charter school for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

      (g) The rates for fringe benefits, excluding health insurance, paid by the charter school for its licensed employees in the preceding and current fiscal years.

      (h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

      2.  On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Department of Administration, a compilation of the reports made by each governing body pursuant to subsection 1.

      3.  The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the State Distributive School Account for the preceding year.

      Sec. 22. NRS 387.303 is hereby amended to read as follows:

      387.303  1.  Not later than November [10] 1 of each year, the board of trustees of each school district shall submit to the Superintendent of Public Instruction and the Department of Taxation a report which includes the following information:

      (a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions.

 


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employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

      (b) The school district’s actual expenditures in the fiscal year immediately preceding the report.

      (c) The school district’s proposed expenditures for the current fiscal year.

      (d) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.

      (e) The number of employees who received an increase in salary pursuant to subsection 2, 3 or 4 of NRS 391.160 for the current and preceding fiscal years. If the board of trustees is required to pay an increase in salary retroactively pursuant to subsection 2 of NRS 391.160, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction not later than February 15 of the year in which the retroactive payment was made that includes the number of teachers to whom an increase in salary was paid retroactively.

      (f) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

      (g) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

      (h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

      (i) The expenditures from the account created pursuant to subsection 4 of NRS 179.1187. The report must indicate the total amount received by the district in the preceding fiscal year and the specific amount spent on books and computer hardware and software for each grade level in the district.

      2.  On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Department of Administration, a compilation of the reports made by each school district pursuant to subsection 1.

      3.  In preparing the agency biennial budget request for the State Distributive School Account for submission to the Department of Administration, the Superintendent of Public Instruction:

      (a) Shall compile the information from the most recent compilation of reports submitted pursuant to subsection 2;

      (b) May increase the line items of expenditures or revenues based on merit salary increases and cost of living adjustments or inflation, as deemed credible and reliable based upon published indexes and research relevant to the specific line item of expenditure or revenue;

 


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credible and reliable based upon published indexes and research relevant to the specific line item of expenditure or revenue;

      (c) May adjust expenditures and revenues pursuant to paragraph (b) for any year remaining before the biennium for which the budget is being prepared and for the 2 years of the biennium covered by the biennial budget request to project the cost of expenditures or the receipt of revenues for the specific line items;

      (d) May consider the cost of enhancements to existing programs or the projected cost of proposed new educational programs, regardless of whether those enhancements or new programs are included in the per pupil basic support guarantee for inclusion in the biennial budget request to the Department of Administration; and

      (e) Shall obtain approval from the State Board for any inflationary increase, enhancement to an existing program or addition of a new program included in the agency biennial budget request.

      4.  The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues of the school districts with the apportionment received by those districts from the State Distributive School Account for the preceding year.

      5.  The request prepared pursuant to subsection 3 must:

      (a) Be presented by the Superintendent of Public Instruction to such standing committees of the Legislature as requested by the standing committees for the purposes of developing educational programs and providing appropriations for those programs; and

      (b) Provide for a direct comparison of appropriations to the proposed budget of the Governor submitted pursuant to subsection 4 of NRS 353.230.

      Secs. 23-64. (Deleted by amendment.)

      Sec. 65. NRS 218E.615 is hereby amended to read as follows:

      218E.615  1.  The Committee may:

      (a) Evaluate, review and comment upon issues related to education within this State, including, but not limited to:

             (1) Programs to enhance accountability in education;

             (2) Legislative measures regarding education;

             (3) The progress made by this State, the school districts and the public schools in this State in satisfying the goals and objectives of the federal No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., and the annual measurable objectives established by the State Board of Education pursuant to NRS 385.361;

             (4) Methods of financing public education;

             (5) The condition of public education in the elementary and secondary schools;

             (6) The program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;

             (7) The development of any programs to automate the receipt, storage and retrieval of the educational records of pupils; and

             (8) Any other matters that, in the determination of the Committee, affect the education of pupils within this State.

      (b) Conduct investigations and hold hearings in connection with its duties pursuant to this section.

      (c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and reviews of the Committee.

 


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      (d) Make recommendations to the Legislature concerning the manner in which public education may be improved.

      2.  The Committee shall:

      (a) In addition to any standards prescribed by the Department of Education, prescribe standards for the review and evaluation of the reports of the State Board of Education, State Public Charter School Authority, school districts and public schools pursuant to paragraph (a) of subsection 1 of NRS 385.359.

      (b) For the purposes set forth in NRS 385.389, recommend to the Department of Education programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In recommending these programs of remedial study, the Committee shall consider programs of remedial study that have proven to be successful in improving the academic achievement of pupils.

      (c) Recommend to the Department of Education providers of supplemental educational services for inclusion on the list of approved providers prepared by the Department pursuant to NRS 385.384. In recommending providers, the Committee shall consider providers with a demonstrated record of effectiveness in improving the academic achievement of pupils.

      [(d) For the purposes set forth in NRS 385.3785, recommend to the Commission on Educational Excellence created by NRS 385.3784 programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.]

      Sec. 66. (Deleted by amendment.)

      Sec. 67. NRS 385.300, 385.3781, 385.3782, 385.3783, 385.37835, 385.3784, 385.3785, 385.3787 and 385.3789 are hereby repealed.

      Secs. 68 and 69. (Deleted by amendment.)

      Sec. 70.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of regulations is transferred.

      2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement have been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement have been transferred.

      3.  Any actions taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions was transferred.

      Sec. 71.  The Legislative Counsel shall, in preparing supplements, to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

 


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responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 72. (Deleted by amendment.)

      Sec. 73.  This act becomes effective upon passage and approval.

________

CHAPTER 449, SB 479

Senate Bill No. 479–Committee on Finance

 

CHAPTER 449

 

[Approved: June 10, 2013]

 

AN ACT relating to insurance; authorizing a certain credit against the insurance premium tax to be carried forward into subsequent years until entirely used; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides for each insurer that transacts business in this State to pay a tax on his or her net direct premiums and net direct considerations. (NRS 680B.027) Existing law also provides for a credit against the portion of this tax paid by the insurer for the insurer’s policies of industrial insurance, this credit being equal to the amount of the assessment paid by the insurer to the Division of Industrial Relations of the Department of Business and Industry to support specified services and programs. (NRS 680B.036) Section 1 of this bill provides that this credit does not expire and may be carried forward into subsequent years until entirely used.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 680B.036 is hereby amended to read as follows:

      680B.036  1.  Each insurer providing industrial insurance in this state pursuant to chapters 616A to 617, inclusive, of NRS is entitled to a credit against the premium tax paid pursuant to NRS 680B.027 for its policies of industrial insurance in an amount equal to the assessment paid by the insurer to the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 232.680.

      2.  The credit provided to an insurer pursuant to subsection 1 does not expire and the insurer may carry forward any unused amount of the credit into subsequent years until the entire amount of the credit is used.

      Sec. 2.  This act becomes effective on July 1, 2013.

________

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 2643ê

 

CHAPTER 450, SB 515

Senate Bill No. 515–Committee on Finance

 

CHAPTER 450

 

[Approved: June 10, 2013]

 

AN ACT relating to unemployment compensation; authorizing the issuance of revenue bonds and other securities to repay loans from the Federal Government to this State for the payment of unemployment compensation and to establish adequate balances in the Unemployment Trust Fund; providing for special bond contributions to pay such bonds and related costs; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the system of unemployment compensation is funded by employer contributions in the form of state and federal taxes. If the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation determines that the amount of such contributions will be inadequate to enable the Administrator to pay all compensation, existing law authorizes the Administrator to request that the United States Secretary of Labor advance the amount of money required to pay such compensation. The loan must be repaid out of future employer contributions. (NRS 612.290; 42 U.S.C. §§ 1321 et seq.) As of March 2012, the unemployment compensation system of this State was indebted to the Federal Government for over $800 million due to such advances.

      Section 12 of this bill authorizes the State Board of Finance, if requested by the Administrator, to issue bonds to: (1) raise money to repay such federal advances; (2) create adequate balances in this State’s account in the Unemployment Trust Fund of the United States Treasury for the payment of compensation in the future; and (3) to defray various expenses connected with the issuance and administration of the bonds. The bonds are special obligation bonds payable primarily out of the special bond contributions that employers are required to pay pursuant to section 16 of this bill. The bonds do not pledge the full faith and credit of the State. Section 13 of this bill establishes various provisions concerning the security that purchasers of bonds may rely on to ensure their repayment. Section 14 of this bill establishes the procedures to govern the State Treasurer and the Administrator to meet the payment of bond-related obligations. Section 15 of this bill requires the creation of a trust fund in the State Treasury under the control and direction of the State Treasurer to receive the money from the special bond contributions. Section 15 also establishes the purposes for which money in the fund may be used. Section 16 requires all employers who are required to make contributions under existing law to also pay the special bond contributions until all bonds that were issued to retire the State’s indebtedness to the Federal Government and to establish adequate balances in this State’s account in the Unemployment Trust Fund have been retired. Section 17 of this bill pledges the faith of the State to maintain all laws in such a manner that will not impair the rights of holders of the bonds.

 


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ê2013 Statutes of Nevada, Page 2644 (Chapter 450, SB 515)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 612 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.

      Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Benefits” has the meaning ascribed to it in NRS 612.035 and also includes the principal due on a bond which is attributable to the payment of benefits under Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended, or which is attributable to the repayment of the principal of a federal advance, in each case, exclusive of interest on the bond or bond administrative expenses.

      Sec. 4. “Bond” means any type of special revenue obligation, including, without limitation, a bond, note, interim obligation, certificate or other instrument issued by the State Board of Finance in accordance with sections 2 to 17, inclusive, of this act, including refunding bonds.

      Sec. 5. “Bond administrative expense” means any expense incurred by the Division, the State Treasurer, the State Board of Finance, bond trustees, paying agents, arbitrage compliance agents or any other person or entity to administer bonds or as otherwise necessary to ensure compliance with federal or Nevada law.

      Sec. 6. “Bond obligation” means the principal of a bond and any premium and interest payable on a bond, together with any amount owed under a related credit agreement or under any instrument or agreement related to the bond.

      Sec. 7. “Credit agreement” means a loan agreement, a revolving credit agreement, an agreement establishing a line of credit, a letter of credit, a standby bond purchase agreement, municipal bond insurance or any other agreement that enhances the marketability, security or creditworthiness of a bond.

      Sec. 8. “Federal advance” means a loan by the Federal Government to this State for the payment of compensation under Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended.

      Sec. 9. “Special bond contributions” means the contributions required to be assessed, imposed and collected pursuant to section 16 of this act.

      Sec. 10. “Unemployment Compensation Bond Fund” means the fund established pursuant to section 15 of this act.

      Sec. 11. The Legislature hereby finds and declares that:

      1.  It is an important public policy of this State to maintain funds in an amount sufficient to pay unemployment benefits when due;

      2.  Unemployment benefits payments are made from Nevada’s account in the Unemployment Trust Fund of the United States Treasury and are funded by employer contributions;

      3.  Borrowing from the Federal Government is the only option available to obtain sufficient funds to pay benefits when the balance in Nevada’s account in the Unemployment Trust Fund of the United States Treasury is insufficient to make necessary payments;

 


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ê2013 Statutes of Nevada, Page 2645 (Chapter 450, SB 515)ê

 

      4.  Alternative methods of replenishing Nevada’s account in the Unemployment Trust Fund of the United States Treasury and establishing adequate balances therein may reduce the costs of providing unemployment benefits and employers’ costs of doing business in this State; and

      5.  It is in the best interest of this State to authorize the issuance of bonds, when appropriate, for the purpose of continuing the unemployment insurance program at the lowest possible cost to this State and to employers in this State and to avoid reductions in the federal unemployment tax credit.

      Sec. 12. 1.  At the request of the Administrator, the State Board of Finance may issue bonds under the authority of this section and NRS 349.071, in the manner provided in the State Securities Law, to fund the repayment of federal advances and interest thereon, to make deposits to or to establish adequate balances in this State’s account in the Unemployment Trust Fund of the United States Treasury, to pay the costs of issuing bonds, to pay bond administrative expenses, to fund capitalized interest, to fund bond reserves, to refund or redeem prior bonds, or otherwise to further the purposes of sections 2 to 17, inclusive, of this act.

      2.  Bonds issued pursuant to sections 2 to 17, inclusive, of this act are special obligations and are not a public debt of this State within the meaning of Section 3 of Article 9 of the Nevada Constitution and do not exhaust its debt-incurring power under any such debt limitation, and must not create or constitute any indebtedness, liability or obligation of this State, except from the special funds pledged thereto.

      3.  Bond obligations and bond administrative expenses are payable solely from revenues or funds pledged or available for their repayment as authorized in sections 2 to 17, inclusive, of this act, including the proceeds of the issuance of bonds.

      4.  Each bond must contain on its face a statement that:

      (a) The bond, and the interest and any premium on the bond, are payable solely from the money, funds and assets pledged to or available for the payment thereof under sections 2 to 17, inclusive, of this act;

      (b) Neither this State nor any political subdivision thereof is obligated to pay the principal of the bond, and the interest and any premium on the bond, except from special funds made available under sections 2 to 17, inclusive, of this act; and

      (c) The full faith and credit or moral obligation of this State is not pledged to the payment of the principal of the bond, or the interest and any premium on the bond.

      5.  The provisions of the State Securities Law, set forth in NRS 349.150 to 349.364, inclusive, apply to bonds issued pursuant to the provisions of this section.

      6.  Subject to the provisions of NRS 349.303, bonds are payable upon the terms and conditions specified by the State Board of Finance in the resolution under which the State Board of Finance issues the bonds or in a related trust indenture.

      Sec. 13. 1.  The bond obligations and bond administrative expenses are secured, for the benefit of the owners of the bonds and the obligees under any agreement described in subsection 5, by pledge of, security interest in and first lien on all the following:

 


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      (a) Special bond contributions;

      (b) Money on deposit in the Unemployment Compensation Bond Fund, including all investment income thereon;

      (c) Proceeds of the bonds and receipts from related credit agreements; and

      (d) Money relating to the bonds held on deposit in any other fund or account under any instrument or agreement pertaining to the bonds, including, without limitation, bond reserves and income on such money.

      2.  To the extent legally available therefor under federal law, that part of the principal due on bonds which is attributable to payment of benefits or the repayment of the principal of federal advances under Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended, exclusive of any interest or bond administrative expenses associated with the bonds, is also payable from money in the Unemployment Compensation Fund, including the Benefit Account, and money credited to the account of this State in the Unemployment Trust Fund pursuant to section 903 of the Social Security Act, 42 U.S.C. § 1103, as amended.

      3.  The security provided in subsections 1 and 2 does not apply to money in any fund or account related to arbitrage rebate obligations.

      4.  The special bond contributions and other money, funds and assets pledged to the payment of bond obligations and bond administrative expenses by subsection 1 constitute pledged revenues, as defined in NRS 349.192, with respect to the bonds.

      5.  The Department of Employment, Training and Rehabilitation, the Division, the Administrator, the State Treasurer, the State Board of Finance and any other division or department of this State may enter into loan agreements, credit agreements, bond purchase agreements, trust indentures, trust agreements, financing agreements, intergovernmental agreements and other contracts, instruments and agreements in connection with the bonds in order to effectuate the purposes of sections 2 to 17, inclusive, of this act. Such documents may contain such covenants, representations, warranties, terms, conditions and other provisions as the officers entering into such documents deem appropriate, including provisions relating to the transfer to the bond trustee, or other depositary agent, for the bonds of funds pledged or otherwise authorized to be used to pay the bonds, the security for and payment of the bonds and, if applicable, tax exemption of interest on the bonds.

      6.  Special bond contributions and other money, funds and assets pledged to the payment of bond obligations and bond administrative expenses by subsection 1, as received by or otherwise credited to this State, are immediately subject to the lien of such pledge without any physical delivery thereof, any filing or further act. The lien of such pledge and the obligation to perform the contractual provisions made in the authorizing resolution or other instrument appertaining thereto has priority over any or all other obligations and liabilities of this State, except as may be otherwise provided in chapter 349 of NRS or in such resolution or other instrument, and subject to any prior pledges and liens theretofore created. The lien of such pledge is valid and binding as against all persons having claims of any kind in tort, contract or otherwise against this State, irrespective of whether such persons have notice thereof.

      Sec. 14. 1.  For each calendar year in which bond obligations and bond administrative expenses will be due, the State Treasurer shall notify the Administrator of the amount of bond obligations, the estimated amount of bond administrative expenses and the other amounts described in subsection 3 of section 15 of this act in sufficient time, as determined by the Administrator, to permit the Administrator to determine the amount of special bond contributions required for that year, for deposit into the Unemployment Compensation Bond Fund.

 


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the Administrator of the amount of bond obligations, the estimated amount of bond administrative expenses and the other amounts described in subsection 3 of section 15 of this act in sufficient time, as determined by the Administrator, to permit the Administrator to determine the amount of special bond contributions required for that year, for deposit into the Unemployment Compensation Bond Fund. The State Treasurer’s calculation of the amount of bond obligations and bond administrative expenses that will be due is subject to verification by the Administrator.

      2.  Money in the Unemployment Compensation Bond Fund that is needed to pay bond obligations and bond administrative expenses or to replenish bond reserves must be transferred as directed by the Administrator to ensure the timely payment of bond obligations and bond administrative expenses and timely replenishment of bond reserves under any instrument or agreement related to the bonds.

      3.  If there is a deficiency in the Unemployment Compensation Bond Fund and to the extent permitted by law, that part of the principal due on bonds which is attributable to payment of benefits or the repayment of the principal of federal advances under Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended, exclusive of any interest or bond administrative expenses associated with the bonds, may be paid from this State’s account in the Unemployment Trust Fund of the United States Treasury.

      Sec. 15. 1.  There is hereby established as a special dedicated trust fund, separate and apart from all other public money or funds of this State, a fund in the State Treasury to be known as the Unemployment Compensation Bond Fund. The State Treasurer shall be the treasurer and custodian of the Unemployment Compensation Bond Fund. All special bond contributions and any other amounts provided for in any contract, instrument or other agreement entered into pursuant to subsection 5 of section 13 of this act must be paid into the Unemployment Compensation Bond Fund, provided that all or a portion of the special bond contributions may be paid into this State’s account in the Unemployment Trust Fund of the United States Treasury as may be provided in any contract, instrument or other agreement entered into pursuant to subsection 5 of section 13 of this act. Expenditures of money in the Unemployment Compensation Bond Fund are not subject to any provision of law requiring specific appropriations or other formal release by state officers of money in their custody.

      2.  The money in the Unemployment Compensation Bond Fund must be used for any or all of the following purposes:

      (a) Payment of bond obligations and bond administrative expenses;

      (b) Replenishment of bond reserves;

      (c) Funding or replenishment of additional reserves in an amount required under any instrument or agreement related to the bonds to maintain a debt service coverage ratio at least at the level required by the trust indenture and instruments in connection with the bonds or in an amount that may be necessary to maintain any ratings on the bonds at a level determined by the State Treasurer, in his or her sole discretion; and

      (d) Optional redemption, mandatory redemption, purchase, refunding or defeasance of outstanding bonds.

 


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Ê Subject to the provisions of the trust indenture and instruments in connection with the bonds, money in the Unemployment Compensation Bond Fund may also be used for transfer to the Benefit Account for payment of benefits under this chapter.

      3.  Pending application for the purposes authorized, money held or deposited by the State Treasurer in the Unemployment Compensation Bond Fund may be invested or reinvested as are other funds in the custody of the State Treasurer in the manner provided by law. All earnings received from the investment or deposit of money in the Unemployment Compensation Bond Fund must be retained therein.

      Sec. 16. 1.  Notwithstanding any other provision of this chapter, all employers required to pay contributions under NRS 612.535 are required to pay the special bond contributions provided in this section. The provisions of this section do not apply to any nonprofit organization, political subdivision or Indian tribe which makes reimbursements in lieu of contributions pursuant to NRS 612.553. The Administrator shall establish an assessment payable by each employer to the Administrator for the special bond contributions at such rate or rates as the Administrator may prescribe.

      2.  All special bond contributions collected under this section must remain separate from any other contributions paid pursuant to this chapter.

      3.  The amount of the special bond contributions must be calculated and assessed annually, or more frequently as provided in subsection 4, by the Administrator as the amount necessary for the following purposes:

      (a) To pay the bond obligations and bond administrative expenses that are due in that year or any other year;

      (b) To replenish amounts that have been drawn from bond reserves under any instrument or agreement related to the bonds;

      (c) To fund or replenish additional reserves in an amount required under any instrument or agreement related to the bonds to maintain a debt service coverage ratio at least at the level required by the trust indenture and instruments in connection with the bonds, or in an amount that may be necessary to maintain any ratings on the bonds at a level determined by the State Treasurer, in his or her sole discretion; and

      (d) To fund optional redemption, mandatory redemption, purchase, refunding or defeasance of outstanding bonds that will occur in that year.

      4.  Whenever the Administrator determines that the cash balance and current estimated receipts of the Unemployment Compensation Bond Fund will be insufficient at any time to meet the covenants and conditions of the trust indenture and other instruments in connection with the bonds, the Administrator shall assess supplemental special bond contributions in an amount sufficient to increase the balance of the Unemployment Compensation Bond Fund to the amount required to meet such covenants and conditions.

      5.  Special bond contributions are due and payable by each employer in accordance with such regulations as the Administrator may prescribe.

      6.  Except as otherwise provided in sections 2 to 17, inclusive, of this act, all provisions of this chapter applicable to the collection or refund of any contributions due under this chapter, including, without limitation, the enforcement and remedial provisions of NRS 612.625, 612.630, 612.635 and 612.660 to 612.695, inclusive, are applicable to the collection or refund of amounts due pursuant to this section and amounts directed pursuant to this section for deposit into the Unemployment Compensation Bond Fund.

 


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of amounts due pursuant to this section and amounts directed pursuant to this section for deposit into the Unemployment Compensation Bond Fund. In accordance with NRS 612.680, special bond contributions, including penalties and interest thereon, due and unpaid from any employer constitute a lien upon all of the assets of the employer. The lien is to be prior to and paid in preference to all other liens or claims except prior recorded liens and prior taxes.

      7.  The provisions of this section are operative only when any bonds remain outstanding. During any period that no bonds are outstanding, the Administrator shall cease charging additional special bond contributions and shall notify all employers paying special bond contributions that contributions are no longer being assessed. The Administrator may continue to collect any special bond contributions previously assessed and not paid. Any money remaining in the Unemployment Compensation Bond Fund when no bonds remain outstanding must be deposited into this State’s account in the Unemployment Trust Fund of the United States Treasury.

      Sec. 17. Notwithstanding the provisions of NRS 612.755, the faith of the State is hereby pledged that NRS 612.595, 612.600 and 612.617 and sections 2 to 17, inclusive, of this act, any law supplemental or otherwise appertaining thereto, and any other act concerning the bonds, the Unemployment Compensation Bond Fund, the special bond contributions or other pledged money, funds or assets, must not be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds until all such bonds have been discharged in full or provision for their payment and redemption has been fully made.

      Sec. 18. As used in this section and NRS 612.585 to 612.600, inclusive, “benefits” has the meaning ascribed to it in section 3 of this act.

      Sec. 19. NRS 612.165 is hereby amended to read as follows:

      612.165  “Fund” means the Unemployment Compensation Fund established by this chapter, to which all contributions, other than special bond contributions, as defined in section 9 of this act, or payments in lieu of contributions, are required to be deposited and from which all benefits provided under this chapter shall be paid [.] and from which the principal due on a bond which is attributable to the payment of benefits under Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended, or which is attributable to the repayment of the principal of a federal advance, in each case, exclusive of interest on the bond or bond administrative expenses, as defined in section 5 of this act, may be paid.

      Sec. 20. NRS 612.585 is hereby amended to read as follows:

      612.585  1.  There is hereby established as a special fund, separate and apart from all public money or funds of this State, an Unemployment Compensation Fund, which must be administered by the Administrator exclusively for the purposes of this chapter.

      2.  The Fund consists of:

      (a) All contributions, other than special bond contributions as defined in section 9 of this act, or reimbursements in lieu of contributions collected under this chapter.

      (b) Interest earned upon the money in the Fund.

      (c) Any property or securities acquired through the use of money belonging to the Fund.

      (d) All earnings of such property or securities.

 


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      (e) All money credited to the account of the State of Nevada in the Unemployment Trust Fund pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103).

      (f) All other money received for the Fund from any other source.

      3.  All money in the Fund must be mingled and undivided.

      4.  All fines and penalties collected pursuant to the criminal provisions of this chapter must be paid to the State Permanent School Fund.

      Sec. 21. NRS 612.590 is hereby amended to read as follows:

      612.590  1.  The State Treasurer shall:

      (a) Be the treasurer and custodian of the Fund.

      (b) Administer the Fund in accordance with the directions of the Administrator.

      (c) Issue warrants upon it in accordance with such regulations as the Administrator prescribes.

      2.  The State Treasurer shall maintain within the Fund three separate accounts:

      (a) A Clearing Account.

      (b) An Unemployment Trust Fund Account.

      (c) A Benefit Account.

      3.  All money payable to the Fund, upon receipt thereof by the Administrator, must be forwarded to the State Treasurer, who shall immediately deposit it in the Clearing Account.

      4.  Refunds payable pursuant to NRS 612.655 may be paid from the Clearing Account or from the Benefit Account upon warrants issued by the State Treasurer under the direction of the Administrator.

      5.  After clearance thereof, all other money in the Clearing Account must be immediately deposited with the Secretary of the Treasury to the credit of the account of this State in the Unemployment Trust Fund established and maintained pursuant to Section 904 of the Social Security Act, as amended, 42 U.S.C. § 1104, any provisions of law in this State relating to the deposit, administration, release or disbursement of money in the possession or custody of this State to the contrary notwithstanding.

      6.  The Benefit Account consists of all money requisitioned from this State’s account in the Unemployment Trust Fund [.] and any money transferred to the Benefit Account pursuant to section 14 of this act.

      7.  Except as herein otherwise provided, money in the Clearing and Benefit Accounts may be deposited by the State Treasurer, under the direction of the Administrator, in any bank, credit union or public depositary in which general money of the State may be deposited, but no public deposit insurance charge or premium may be paid out of the Fund.

      8.  Money in the Clearing and Benefit Accounts must not be commingled with other state money, but must be maintained in a separate account on the books of the depositary. Money in the Clearing and Benefit Accounts must be secured by the bank, credit union or public depositary to the same extent and in the same manner as required by the general depositary laws of the State of Nevada, and collateral pledged must be maintained in a separate custody account.

      Sec. 22. NRS 612.617 is hereby amended to read as follows:

      612.617  1.  Money credited to the account of this State in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may be requisitioned and used for the payment of expenses incurred for the administration of this chapter, pursuant to a specific appropriation by the Legislature, if the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:

 


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ê2013 Statutes of Nevada, Page 2651 (Chapter 450, SB 515)ê

 

of expenses incurred for the administration of this chapter, pursuant to a specific appropriation by the Legislature, if the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:

      (a) Specifies the purposes for which the money is appropriated and the amounts appropriated therefor;

      (b) Limits the period within which the money may be expended to a period ending not more than 2 years after the date of the enactment of the appropriation law; and

      (c) Limits the amount which may be used during a 12-month period beginning on July 1 and ending on June 30 of the following year to an amount which does not exceed the amount by which the aggregate of the amounts credited to the account of this State pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), during the same 12-month period and the 24 preceding 12-month periods, exceeds the aggregate of the amounts used pursuant to this section and charged against the amounts credited to the account of this State during any of such 25 12-month periods.

      2.  For the purposes of subsection 1, amounts used during any such 12-month period must be charged against equivalent amounts which were first credited and which are not already so charged, except that no amount used during any such 12-month period for the administration of this chapter may be charged against any amount credited during such a 12-month period earlier than the 24th preceding period.

      3.  Money credited to the account of this State pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may not be withdrawn or used except for:

      (a) The payment of benefits [;] , as defined in section 3 of this act; and

      (b) The payment of expenses for the administration of this chapter pursuant to this section.

      4.  Money appropriated for the payment of expenses of administration pursuant to this section may be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, must be deposited in the Unemployment Compensation Administration Fund from which such payments must be made. The Administrator shall maintain a separate record of the deposit, obligation, expenditure and return of funds so deposited. Money so deposited must, until expended, remain a part of the Unemployment Compensation Fund and, if it will not be expended, must be returned promptly to the account of this State in the Unemployment Trust Fund.

      Sec. 23.  This act becomes effective upon passage and approval.

________

 

 

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 2652ê

 

CHAPTER 451, SB 516

Senate Bill No. 516–Committee on Finance

 

CHAPTER 451

 

[Approved: June 10, 2013]

 

AN ACT relating to tobacco; revising provisions relating to the Master Settlement Agreement; revising provisions relating to manufacturers of tobacco products, importers, wholesale dealers and retail dealers of cigarettes; providing for the assignment to the State and the release to an Indian tribe of certain money placed into a qualified escrow fund by a manufacturer of tobacco products; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      On November 23, 1998, leading United States tobacco product manufacturers and the State of Nevada entered into a settlement agreement, entitled the “Master Settlement Agreement,” which obligates the manufacturers, in return for a release of past, present and certain future claims against them, to: (1) pay substantial sums to the State; (2) fund a national foundation devoted to the interests of public health; and (3) make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking. In 1999, the Nevada Legislature enacted provisions requiring all manufacturers of tobacco products sold in this State to participate in the Master Settlement Agreement or to place certain money in escrow. (Chapter 370A of NRS) In 2005, the Legislature made a finding that violations of chapter 370A of NRS threatened the integrity of the Master Settlement Agreement and the fiscal soundness of the State and public health, and enacted procedural safeguards to aid in the enforcement of the provisions of chapter 370A of NRS. (NRS 370.600-370.705) This bill generally revises existing, and provides additional, procedures and licensing requirements to aid in the statutory enforcement of the Master Settlement Agreement.

      Section 4 of this bill requires each wholesale dealer to maintain certain contact information with the Department of Taxation. Section 5 of this bill requires the Department to adopt certain regulations relating to the suspension or revocation of certain licenses. Section 6 of this bill provides for the notification of wholesale dealers and retail dealers of cigarettes when a manufacturer or brand family of cigarettes is removed from the directory that lists all manufacturers that have provided current and accurate certifications and all brand families listed in those certifications. Section 7 of this bill provides that an importer is jointly and severally liable for certain escrow deposits. Section 8 of this bill authorizes the State to enter into an agreement with an Indian tribe to enforce, administer or implement certain provisions of statute.

      Sections 9-18 and 21-26 of this bill generally revise certain existing provisions relating to the regulation of tobacco sales in this State for the purpose of aiding in the enforcement of the Master Settlement Agreement.

      Sections 30 and 31 of this bill provide for the assignment or release of certain money placed into escrow from the sale of certain cigarettes.

 


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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. “Importer” means any person in a state or territory of the United States to whom cigarettes that are manufactured outside the United States are shipped, delivered or consigned for resale.

      Sec. 3. “Qualified tribal land” means any real property:

      1.  For which legal title is vested in, or held in trust for the benefit of, an Indian tribe or an individual Native American, and which is subject to restrictions against alienation pursuant to federal law; and

      2.  Over which an Indian tribe exercises governmental power.

      Sec. 4. Each wholesale dealer shall:

      1.  For the purpose of receiving any notification from the Department pursuant to this chapter, maintain with the Department:

      (a) A permanent mailing address; and

      (b) An electronic mail address.

      2.  Provide written notice to the Department of any change in the information specified in subsection 1 not later than 10 days after the change.

      Sec. 5. The Department shall adopt regulations establishing a procedure for the suspension and revocation of any license issued pursuant to NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act. In adopting the regulations required by this section, the Department shall consider the effect of any suspension or revocation of a license on the inventory of cigarettes that are in the stream of distribution at the time of suspension or revocation.

      Sec. 6. 1.  The Department shall notify each wholesale dealer when a manufacturer or brand family is added to or removed from the directory pursuant to NRS 370.675 by sending a notice to the mailing address or electronic mail address of the wholesale dealer provided to the Department pursuant to section 4 of this act.

      2.  A wholesale dealer shall, not later than 7 days after receiving a notice pursuant to subsection 1, provide:

      (a) A copy of the notice to each retail dealer that is a customer of the wholesale dealer; and

      (b) The Department with a list of each retail dealer to which a copy of the notice is provided pursuant to paragraph (a).

      3.  A retail dealer may, not later than 60 days after receiving a copy of a notice pursuant to subsection 2 that a manufacturer or brand family has been removed from the directory pursuant to NRS 370.675, sell any cigarettes in its possession from the manufacturer or of the brand family. The retail dealer shall, at the expiration of the 60-day period, turn over possession of any unsold cigarettes to the Department for disposal in the manner provided in subsection 4 of NRS 370.270.

      4.  A wholesale dealer shall not purchase cigarettes for resale from a manufacturer, or of a brand family, which has been removed from the directory by the Department, or for which the wholesale dealer receives a notice of removal from the Department, until the manufacturer or brand family is reentered in the directory by the Department.

 


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notice of removal from the Department, until the manufacturer or brand family is reentered in the directory by the Department.

      Sec. 7. 1.  An importer is jointly and severally liable for the escrow deposit due pursuant to NRS 370A.140 for each cigarette which is intended for sale in this State which the importer causes to be sent to a person who holds a license as a wholesale dealer or license as a retail dealer issued by the Department.

      2.  A nonparticipating manufacturer located outside the United States that conducts business in this State shall provide to the Attorney General on a form prescribed by the Attorney General a declaration from each importer that imports the cigarettes of the nonparticipating manufacturer which are intended for sale in this State stating that the importer accepts liability pursuant to subsection 1 and consents to the jurisdiction of the courts of this State for the purposes of enforcing this section.

      3.  As used in this section, “importer” has the meaning ascribed to it in section 2 of this act.

      Sec. 8. The State may enter into an agreement with an Indian tribe to enforce, administer or otherwise implement any provision of this chapter or chapter 370A of NRS.

      Sec. 9. NRS 370.001 is hereby amended to read as follows:

      370.001  As used in NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 370.005 to 370.055, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 10. NRS 370.025 is hereby amended to read as follows:

      370.025  “Contraband tobacco products” means any:

      1.  Counterfeit cigarettes;

      2.  Other counterfeit tobacco product; [or]

      3.  Cigarettes or “roll-your-own” tobacco offered for sale in this State by a manufacturer, or cigarettes or “roll-your-own” tobacco of a brand family, that is not listed in the directory created pursuant to NRS 370.675;

      4.  Cigarettes bearing a tribal stamp issued by the Department which are sold or offered for sale at a retail location that is not located on qualified tribal land; or

      5.  Cigarettes or other tobacco product:

      (a) Exported from or imported into this State, or mailed, shipped, delivered, sold, exchanged, transported, distributed or held for distribution within the borders of this State by any person in violation of any of the provisions of this chapter; [or]

      (b) In any way held in the possession or constructive possession of any person not authorized under this chapter to possess or constructively possess the cigarettes or other tobacco product [.] ; or

      (c) Being offered for sale in any form other than in an unopened package in violation of subsection 1 of NRS 202.2493.

      Sec. 11. NRS 370.070 is hereby amended to read as follows:

      370.070  The provisions of NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act do not apply to:

      1.  Common carriers while engaged in interstate commerce which sell or furnish cigarettes on their trains, buses or airplanes;

      2.  A person entering this state with a quantity of cigarettes for household or personal use which is exempt from federal import duty; and

 


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      3.  A duty-free sales enterprise as defined in 19 U.S.C. § 1555(b)(8)(D) that:

      (a) Operates pursuant to the provisions of 19 U.S.C. § 1555(b); and

      (b) To the extent it sells cigarettes, only sells cigarettes that are duty-free merchandise as defined in 19 U.S.C. § 1555(b)(8)(E).

      Sec. 12. NRS 370.155 is hereby amended to read as follows:

      370.155  1.  Except as otherwise provided in this section, each licensed wholesale cigarette dealer shall furnish a bond executed by the wholesale cigarette dealer as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon the payment of all excise taxes required to be precollected by the wholesale cigarette dealer under the provisions of this chapter. Each bond must be in a principal sum equal to the largest amount of tax precollected by the wholesale cigarette dealer in any quarter of the preceding year, or if the information to establish that amount is not available, then in a sum required from a licensee operating under conditions deemed comparable by the Department. No bond may be for less than $1,000. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount must be rounded up to the next larger integral multiple of $100.

      2.  Except as otherwise provided in this section, each licensed wholesale cigarette dealer who wishes to defer payment on the purchase of revenue stamps or metered machine impressions shall furnish a bond executed by the wholesale cigarette dealer as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon the payment of all deferred payments for revenue stamps and metered machine impressions. Each bond must be in a principal sum equal to the maximum amount of revenue stamps or metered machine impressions which the wholesale dealer may have unpaid at any time. No bond may be for less than $1,000. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount must be rounded up to the next larger integral multiple of $100.

      3.  In lieu of a bond , a licensed wholesale cigarette dealer may deposit with the Department, under such terms as the Department may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Department. The Department shall deposit all cash and bonds of the United States or of the State of Nevada received pursuant to this subsection with the State Treasurer as custodian.

      4.  Upon application and a satisfactory showing, the Department may increase or decrease the amount of a bond required by subsection 1 or 2, based on the amount of excise tax precollected or payments deferred, respectively, by the wholesale cigarette dealer.

      5.  The Department may waive the requirement of the bond required by subsection 1 or 2, whenever a licensed wholesale cigarette dealer has maintained a satisfactory record of payment of excise taxes or deferred payments, respectively, for a period of 5 consecutive years.

      6.  A wholesale dealer is not entitled to a refund of any portion of money paid as a bond pursuant to this section if the wholesale dealer has failed to file a report required by this chapter or owes the Department any payment or penalty pursuant to this chapter.

 


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      Sec. 13. NRS 370.170 is hereby amended to read as follows:

      370.170  1.  Except as otherwise provided in this chapter, it is unlawful for any person to give, sell or offer to give or sell any cigarettes in this state unless there is affixed to each of the cigarette packages [, packets or containers an adhesive] a Nevada cigarette revenue stamp [or a similar stamp] which is issued by the Department and affixed by a metered stamping machine approved by and registered with the Department or any other method approved by the Department, and which is for the amount of the tax on all of the cigarettes contained in the cigarette package . [or other container.]

      2.  Each cigarette package sold on qualified tribal land or by an Indian tribe or a member of a tribe for which the Department does not collect a state excise tax pursuant to NRS 370.515 must bear a tribal stamp issued by the Department.

      Sec. 14. NRS 370.190 is hereby amended to read as follows:

      370.190  1.  The Department may sell Nevada cigarette revenue stamps to a licensed dealer. As payment for the stamps, the Department shall deduct from the excise tax collected from the dealer the actual cost incurred by the Department for the stamps and for making the sale.

      2.  Payment for the revenue stamps or metered machine impressions must be made at the time of purchase unless the wholesale dealer has been authorized to defer payments by the Department. A wholesale dealer may apply to the Department for authorization to defer payments for revenue stamps or metered machine impressions at any time.

      3.  The Department may provide by regulation for [payment] :

      (a) Payment of the tax by manufacturers without the use of stamps on gifts or samples sent into Nevada when plainly marked “Tax Paid.”

      (b) Any requirements for the purchase of stamps.

      Sec. 15. NRS 370.235 is hereby amended to read as follows:

      370.235  1.  The Department may adopt regulations establishing:

      (a) Reporting requirements for manufacturers and wholesale dealers; and

      (b) Procedures for the electronic submission of reports required pursuant to any reporting requirements established under paragraph (a).

      2.  Any regulations adopted pursuant to subsection 1 relating to reporting requirements for manufacturers [must] may provide for submission to the Department periodic reports of:

      (a) The quantity of cigarette packages that were distributed or shipped to another manufacturer or to a wholesale dealer within the borders of this State during the reporting period, and the name and address of each person to whom those products were distributed or shipped;

      (b) The quantity of cigarette packages that were distributed or shipped to another facility of the same manufacturer within the borders of this State during the reporting period; and

      (c) The quantity of cigarette packages that were distributed or shipped within the borders of this State to Indian tribes or instrumentalities of the Federal Government during the reporting period, and the name and address of each person to whom those products were distributed or shipped.

      3.  Any regulations adopted pursuant to subsection 1 relating to reporting requirements for wholesale dealers [must] may provide for submission to the Department periodic reports of:

 


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      (a) The inventory of stamped and unstamped cigarette packages held by the wholesale dealer for sale or distribution within the borders of this State on hand at the beginning of the reporting period;

      (b) The inventory of cigarette packages held by the wholesale dealer for sale or distribution outside of the borders of this State on hand at the beginning of the reporting period;

      (c) The quantity of stamped cigarette packages held for sale or distribution within the borders of this State that were received by the wholesale dealer from another person during the reporting period, and the name and address of each person from whom those products were received;

      (d) The quantity of cigarette packages held for sale or distribution outside of the borders of this State that were received by the wholesale dealer from another person during the reporting period, and the name and address of each person from whom those products were received;

      (e) The quantity of cigarette packages to which Nevada stamps were affixed that were distributed or shipped to another wholesale dealer or to a retail dealer within the borders of this State during the reporting period, and the name and address of each person to whom those products were distributed or shipped;

      (f) The quantity of cigarette packages to which Nevada stamps were affixed that were distributed or shipped to another facility of the same wholesale dealer within the borders of this State during the reporting period;

      (g) The quantity of stamped cigarette packages that were distributed or shipped within the borders of this State to Indian tribes or instrumentalities of the Federal Government during the reporting period, and the name and address of each person to whom those products were distributed or shipped;

      (h) The quantity of cigarette packages held for distribution outside of the borders of this State that were distributed or shipped outside of the borders of this State during the reporting period;

      (i) The inventory of stamped and unstamped cigarette packages held for sale or distribution within the borders of this State on hand at the end of the reporting period;

      (j) The inventory of cigarette packages held for sale or distribution outside of the borders of this State on hand at the end of the reporting period;

      (k) The number of each type of stamp on hand at the beginning of the reporting period;

      (l) The number of each type of stamp purchased or received during the reporting period;

      (m) The number of each type of stamp applied during the reporting period; and

      (n) The number of each type of stamp on hand at the end of the reporting period.

      4.  Any reports required by regulations adopted pursuant to subsection 1 must be:

      (a) Submitted on forms provided by or in a format required by the Department; and

      (b) Provided separately for each of the facilities operated by the manufacturer or wholesale dealer.

      5.  In each report required by regulations adopted pursuant to subsection 1, the information required must be itemized so as to disclose clearly:

      (a) The quantities of stamped and unstamped cigarettes to which the report applies; and

 


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      (b) The brand and style of cigarettes to which the report applies.

      6.  The reporting period for any reports required by regulations adopted pursuant to subsection 1 must be for a duration of not less than 1 month and not more than 3 months.

      Sec. 16. NRS 370.250 is hereby amended to read as follows:

      370.250  1.  [If any dealer in cigarettes upon which a precollected or advance tax is required to be paid fails to file any report required pursuant to NRS 370.240 with the Department or its agents on or before the date due, the Department may suspend the license of the dealer until the report is received and found to be correct.] The Department may temporarily suspend or permanently revoke a license as a wholesale dealer in accordance with the regulations adopted pursuant to section 5 of this act if the licensee:

      (a) Fails to file or files an incomplete or inaccurate report or certification required by this chapter;

      (b) Fails to pay any tax owed upon cigarettes required by this chapter;

      (c) Fails to cure any shortfall for which the wholesale dealer is liable pursuant to NRS 370.683;

      (d) Sells in this State, purchases or possesses any cigarettes or cigarette packages in violation of any provision of this chapter; or

      (e) Imports into or exports from this State any cigarettes or cigarette packages in violation of any provision of this chapter.

      2.  [The] Except as otherwise provided in subsection 1 or 3, the Department may temporarily suspend or permanently revoke the license of any licensee for violating, or causing or permitting to be violated, any of the provisions of NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act or any regulations adopted for the administration or enforcement of any of those provisions.

      3.  The Department shall permanently revoke the license of any licensee convicted of any felony pursuant to NRS 370.405.

      Sec. 17. NRS 370.257 is hereby amended to read as follows:

      370.257  1.  Each manufacturer, wholesale dealer and retail dealer shall provide to the Executive Director and his or her designees and to the Secretary or his or her designee, upon request, access to all the reports and records required by NRS 370.001 to 370.430, inclusive [.] , and sections 2 to 5, inclusive, of this act. The Department at its sole discretion may share the records and reports required by those sections with law enforcement officials of the Federal Government, this State, other states, Indian tribes , [or] international authorities [.] or any data clearinghouse or similar entity established for the purposes of enforcing the provisions of NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act or chapter 370A of NRS.

      2.  Except as otherwise provided in this subsection, the reports submitted by licensees pursuant to NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act are public records. Unless otherwise directed or ordered by a court of competent jurisdiction, any information contained in those reports about quantities of cigarettes by brand must not be released to anyone other than persons permitted access to those reports pursuant to subsection 1.

      3.  The Department may audit the records of each dealer to determine whether the manufacturer, wholesale dealer or retail dealer has complied with the provisions of NRS 370.001 to 370.430, inclusive [.] , and sections 2 to 5, inclusive, of this act.

 


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      Sec. 18. NRS 370.379 is hereby amended to read as follows:

      370.379  1.  The Department may suspend or revoke the license of a retail or wholesale dealer who violates the provisions of NRS 370.371 to 370.379, inclusive, or any regulation adopted thereunder, after notice to the licensee and a hearing as prescribed by the Department.

      2.  The Department, upon a finding that the licensee has failed to comply with any provision of NRS 370.371 to 370.379, inclusive, or any regulation adopted by the Executive Director, [shall,] may, in the case of a first offender, suspend the license of the licensee for not less than 5 nor more than 20 consecutive business days. If the Department finds the offender has been guilty of willful and persistent violations, it may suspend for not more than 6 months or revoke the person’s license.

      3.  Except as otherwise provided in NRS 370.698, a person whose license has been revoked may apply to the Department at the end of 1 year for a reinstatement of the license. The Department may reinstate the license if the Department determines that the licensee will comply with the provisions of this chapter and the regulations adopted by the Department.

      4.  A person whose license has been suspended or revoked shall not sell cigarettes or permit cigarettes to be sold during the period of suspension or revocation on the premises occupied by the person or upon other premises controlled by the person. The expiration, transfer, surrender, continuance, renewal or extension of a license issued pursuant to this chapter does not bar or abate any disciplinary proceedings or action.

      Sec. 19. (Deleted by amendment.)

      Sec. 20. NRS 370.445 is hereby amended to read as follows:

      370.445  1.  The Department shall issue a license as a wholesale dealer or a license as a retail dealer to a person who submits a complete application on a form prescribed by the Department and who otherwise complies with the applicable provisions of this chapter and any regulations adopted by the Department. The Department shall not charge any fee for the issuance of a license pursuant to this subsection.

      2.  Except as otherwise provided in subsection [2,] 3, a person shall not engage in the business of a wholesale dealer or retail dealer in this State unless the person first obtains a license as a wholesale dealer or retail dealer from the Department. A person may be licensed as a wholesale dealer and as a retail dealer.

      [2.]3.  A person who wishes to engage in the business of a retail dealer is not required to obtain a license as a retail dealer pursuant to this section if the person is licensed as a retail cigarette dealer pursuant to [this chapter.

      3.] NRS 370.001 to 370.430, inclusive, and sections 2 to 5, inclusive, of this act.

      4.  The Department may refuse to issue or renew, or may suspend or revoke, a license issued pursuant to this section for any violation of the provisions of NRS 370.440 to 370.503, inclusive.

      5.  The Department may adopt regulations prescribing the form and contents of an application for, or which are otherwise necessary for the issuance of, a license pursuant to this section.

      6.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

 


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      Sec. 21. NRS 370.600 is hereby amended to read as follows:

      370.600  The Legislature finds that:

      1.  Violations of the provisions of chapter 370A of NRS threaten the integrity of the Master Settlement Agreement, the fiscal soundness of the State and public health.

      2.  The enactment of the procedural enhancements set forth in NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act will aid in the enforcement of the provisions of chapter 370A of NRS and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the State and public health.

      Sec. 22. NRS 370.605 is hereby amended to read as follows:

      370.605  As used in NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act, unless the context otherwise requires, the words and terms defined in NRS 370.610 to 370.660, inclusive, have the meanings ascribed to them in those sections.

      Sec. 23. NRS 370.665 is hereby amended to read as follows:

      370.665  1.  A manufacturer of tobacco products whose cigarettes are sold in this State, whether or not directly or through a distributor, retailer or similar intermediary or intermediaries shall, not later than April 30 of each year, execute and deliver to the Attorney General and the Department, on a form provided by the Department, a certification which certifies under penalty of perjury that, as of the date of that certification, the manufacturer of tobacco products is : [either:]

      (a) A participating manufacturer; or

      (b) In full compliance with subsection 2 of NRS 370A.140, including any quarterly installment payments required pursuant to NRS 370.690.

      2.  Except as otherwise provided in NRS 370.670:

      (a) A participating manufacturer shall include in its certification pursuant to this section a list of its brand families. The participating manufacturer shall update that list at least 30 calendar days before it adds to or modifies its brand families by executing and delivering a supplemental certification to the Attorney General and the Department.

      (b) A nonparticipating manufacturer shall, in its certification pursuant to this section:

             (1) Include:

                   (I) A list of all of its brand families and the number of units sold for each brand family that were sold in the State during the preceding calendar year; [and]

                   (II) A list of all of its brand families that have been sold in the State at any time during the current calendar year;

                   (III) The current mailing address of the nonparticipating manufacturer; and

                   (IV) A valid electronic mail address of the nonparticipating manufacturer;

             (2) Indicate [, by an asterisk,] any brand family sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of the certification; and

             (3) Identify, by name and address [, any] :

                   (I) Any other manufacturer of those brand families in the preceding or current calendar year [.] ; and

                   (II) Each wholesale dealer that sells or offers for sale in this State any brand family of the nonparticipating manufacturer.

 


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Ê A nonparticipating manufacturer shall update the information required by this paragraph at least 30 calendar days before it adds to or modifies its brand families or sells or distributes cigarettes in this State through a new wholesale dealer by executing and delivering a supplemental certification to the Attorney General and the Department.

      3.  In addition to the requirements of subsection 2, the certification of a nonparticipating manufacturer pursuant to this section must certify:

      (a) That the nonparticipating manufacturer is registered to do business in the State or has appointed an agent for service of process and provided notice thereof as required by NRS 370.680;

      (b) That the nonparticipating manufacturer has:

             (1) Established and continues to maintain a qualified escrow fund; and

             (2) Executed a qualified escrow agreement governing the qualified escrow fund that has been reviewed and approved by the Attorney General;

      (c) That the nonparticipating manufacturer is in full compliance with chapter 370A of NRS and any regulations adopted pursuant thereto;

      (d) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required pursuant to chapter 370A of NRS and any regulations adopted pursuant thereto;

      (e) The account number of that qualified escrow fund and any subaccount number for this State;

      (f) The amount the nonparticipating manufacturer placed in that qualified escrow fund for cigarettes sold in the State during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the Department to confirm the information required by this paragraph; [and]

      (g) The amount and date of any withdrawal or transfer of money the nonparticipating manufacturer made at any time from that qualified escrow fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to chapter 370A of NRS and any regulations adopted pursuant thereto [.] ; and

      (h) That the nonparticipating manufacturer has submitted to the Attorney General a request or consent to the United States Department of the Treasury pursuant to 26 U.S.C. § 6103(c) authorizing the Alcohol and Tobacco Tax and Trade Bureau of the Department, or in the case of a foreign manufacturer, United States Customs and Border Protection of the United States Department of Homeland Security, to disclose to the Attorney General the federal excise tax returns of the manufacturer and each monthly operational report of the manufacturer reported on Alcohol and Tobacco Tax and Trade Bureau Form 5210.5, and all adjustments, changes and other amendments thereto.

      Sec. 24. NRS 370.680 is hereby amended to read as follows:

      370.680  1.  Any nonresident or foreign nonparticipating manufacturer or wholesale dealer that has not registered to do business in the State as a foreign corporation or other business entity must, as a condition precedent :

      (a) For a nonparticipating manufacturer, to having its brand families included or retained in the directory [,] ; or

      (b) For a wholesale dealer, to selling cigarettes in this State,

Ê appoint and continually engage without interruption the services of an agent in this State to act as its agent for the service of process on whom all process, in any action or proceeding against it concerning or arising out of the enforcement of this chapter [,] or chapter 370A of NRS, may be served in any manner authorized by law.

 


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process, in any action or proceeding against it concerning or arising out of the enforcement of this chapter [,] or chapter 370A of NRS, may be served in any manner authorized by law. [Such service]

      2.  Service upon an agent pursuant to this section constitutes legal and valid service of process on the nonparticipating manufacturer [.] or wholesale dealer. The nonparticipating manufacturer or wholesale dealer shall provide the name, address, phone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the Attorney General and the Department.

      [2.]3.  A nonparticipating manufacturer or wholesale dealer shall provide notice to the Attorney General and the Department at least 30 calendar days before the termination of the authority of an agent appointed pursuant to this section and shall provide proof to the satisfaction of the Attorney General and the Department of the appointment of a new agent not less than 5 calendar days before the termination of appointment of an existing agent. If an agent terminates his or her appointment as an agent, the nonparticipating manufacturer or wholesale dealer shall notify the Attorney General and the Department of that termination within 5 calendar days and include with that notification proof to the satisfaction of the Attorney General and the Department of the appointment of a new agent.

      [3.]4.  Any nonparticipating manufacturer [whose] or wholesale dealer which sells or purchases cigarettes [are sold] in this State and [who] which has not appointed and engaged an agent as required by this section shall be deemed to have appointed the Secretary of State as an agent and may be proceeded against in courts of this State by service of process upon the Secretary of State, except that the appointment of the Secretary of State as an agent does not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer included or retained in the directory.

      Sec. 25. NRS 370.685 is hereby amended to read as follows:

      370.685  1.  Not later than 20 calendar days after the end of each calendar quarter, and more frequently if so directed by the Department, each distributor shall submit such information as the Department requires to facilitate compliance with the provisions of NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act, including, without limitation, a list by brand family of the total number of cigarettes or, in the case of “roll-your-own” tobacco, the equivalent unit count, for which the distributor affixed stamps during the previous calendar quarter or otherwise paid the tax due for those cigarettes. The distributor shall maintain for at least 5 years, and make available to the Department, all invoices and documentation of sales of all cigarettes of nonparticipating manufacturers and any other information relied upon in reporting to the Department.

      2.  The Department may disclose to the Attorney General any information received pursuant to NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of NRS 370.600 to 370.705, inclusive [.] , and sections 6, 7 and 8 of this act. The Department and Attorney General shall share with each other the information received pursuant to the provisions of NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act and may share such information with other federal, state or local agencies only for purposes of enforcement of those provisions, the provisions of chapter 370A of NRS or the corresponding laws of other states.

 


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      3.  The Department may require at any time from a nonparticipating manufacturer proof, from the financial institution in which that manufacturer has established a qualified escrow fund for the purpose of compliance with chapter 370A of NRS, of the amount of money in that fund, exclusive of interest, the amount and date of each deposit to that fund, and the amount and date of each withdrawal from that fund.

      4.  In addition to the information otherwise required to be submitted pursuant to NRS 370.600 to 370.705, inclusive, and sections 6, 7 and 8 of this act, the Department may , at any time, require a distributor or manufacturer of tobacco products to submit any additional information [, including, without limitation, samples of the packaging or labeling of each brand family,] or documentation as is necessary to enable the Department to determine whether a manufacturer of tobacco products is or will continue to be in compliance with the provisions of [NRS 370.600 to 370.705, inclusive.

      5.  Every distributor shall provide to the Department and update as necessary an electronic mail address for receiving any notifications required to carry out NRS 370.600 to 370.705, inclusive.] this chapter and chapter 370A of NRS.

      Sec. 26. NRS 370.698 is hereby amended to read as follows:

      370.698  1.  The license of a wholesale dealer may be suspended or revoked if a similar license of the wholesale dealer is suspended or revoked in any other state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the suspension or revocation of the license of the wholesale dealer pursuant to NRS 370.379, unless the wholesale dealer demonstrates that the suspension or revocation of its license in the other state was effected without due process. A wholesale dealer whose license is suspended or revoked in this State pursuant to this subsection is eligible for reinstatement upon the earlier of the date on which the violation in the other state is cured or the date on which the license of the wholesale dealer is reinstated in the other state.

      2.  A nonparticipating manufacturer and its brand families may be denied listing in the directory or removed from the directory for any of the following reasons:

      (a) The nonparticipating manufacturer is removed from the directory of another state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the removal of the nonparticipating manufacturer from the directory of this State pursuant to NRS 370.675, unless the nonparticipating manufacturer demonstrates that its removal from the directory of the other state was effected without due process. A nonparticipating manufacturer that is removed from the directory of this State pursuant to this paragraph is eligible for reinstatement to the directory upon the earlier of the date on which the violation in the other state is cured or the date on which the nonparticipating manufacturer is reinstated to the directory of the other state.

      (b) The nonparticipating manufacturer is convicted of any crime relating to the manufacture, sale or distribution of tobacco products in this State or another state.

      (c) The nonparticipating manufacturer fails to report the existence or result, including any conviction, of any investigation of the nonparticipating manufacturer which is known to the nonparticipating manufacturer regarding the commission of any crime relating to the manufacture, sale or distribution of tobacco products in this State or another state.

 


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      (d) The nonparticipating manufacturer fails to report any investigation of the nonparticipating manufacturer which is known to the nonparticipating manufacturer regarding any violation of the laws of any other state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the removal of the nonparticipating manufacturer from the directory of this State pursuant to NRS 370.675.

      (e) The nonparticipating manufacturer knowingly makes a false, material statement in any report, filing or other communication provided to this State pursuant to this chapter or chapter 370A of NRS.

      (f) The nonparticipating manufacturer has a shortfall or fails to make an escrow deposit that is due in another state or territory of the United States, has been given reasonable notice of the shortfall or failure and has failed to cure the shortfall or make the deposit within 30 days after receiving notice of the shortfall or failure.

      3.  The provisions of NRS 233B.121 to 233B.150, inclusive, apply to:

      (a) The suspension or revocation of the license of a wholesale dealer pursuant to subsection 1; and

      (b) The removal of a nonparticipating manufacturer and its brand families from the directory pursuant to subsection 2.

      Sec. 27. Chapter 370A of NRS is hereby amended by adding thereto the provisions set forth as sections 28 to 31, inclusive, of this act.

      Sec. 28. “Qualified tribal land” has the meaning ascribed to it in section 3 of this act.

      Sec. 29. Any provision of this chapter or chapter 370 of NRS, or any amendment thereto, that causes any provision of this chapter or chapter 370 of NRS to fail to operate as a qualifying statute pursuant to the Master Settlement Agreement is void.

      Sec. 30. 1.  Notwithstanding the provisions of NRS 370A.150, a manufacturer that elects to deposit money into a qualified escrow fund pursuant to NRS 370A.140 may assign to the State the interest of the manufacturer in any money in the qualified escrow fund.

      2.  An assignment executed pursuant to subsection 1 is irrevocable and applies to any money and any interest or other appreciation earned on any money for which the manufacturer executes the assignment.

      3.  The parties to a qualified escrow agreement may amend the agreement for the purposes of executing an assignment pursuant to subsection 1.

      4.  An assignment executed pursuant to subsection 1 must be in writing and be signed by the assignee and the assignor or by an authorized agent or representative of the assignor. An assignment in writing which is duly executed becomes enforceable after a copy of the assignment is delivered to the Attorney General and the financial institution where the qualified escrow fund is maintained.

      5.  Nothing in this section operates to relieve a manufacturer from any obligation or duty imposed pursuant to this chapter or chapter 370 of NRS.

      Sec. 31. 1.  The State may release to an Indian tribe, pursuant to a compact with that tribe, not more than 50 percent of the amounts deposited into a qualified escrow fund pursuant to NRS 370A.140 for cigarettes sold on or after January 1, 2015, in a retail transaction to a consumer on the qualified tribal land of the tribe, if:

 


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      (a) The tribe is a federally recognized tribe or a tribe that was recognized by the State on or before January 1, 2012, and, in each case, has a reservation or colony in the State;

      (b) The money to be released was timely deposited into escrow in compliance with NRS 370A.140;

      (c) State excise tax or tribal excise tax was paid on the cigarettes;

      (d) The release occurs not earlier than 1 year after the money is deposited into escrow;

      (e) The money released is provided to the tribe itself and used only for the purpose of public safety on the qualified tribal land of the tribe or for social services for tribal members, including, without limitation, health care or education, and not used for any function that could directly or indirectly promote or reduce the costs of cigarette production, marketing or sales;

      (f) The money released is not used in any way for the benefit of any manufacturer of tobacco products that is not a participating manufacturer under the Master Settlement Agreement or to facilitate cigarette sales by any such manufacturer of tobacco products; and

      (g) The compact with the tribe provides that the taxing and stamping requirements and policies for cigarettes sold on the qualified tribal land of the tribe, including the applicability, amount, collection and refund of taxes, will not be different for any cigarettes of participating manufacturers than for any cigarettes of manufacturers of tobacco products that are not participating manufacturers, and the tribe is in compliance with these provisions of the compact.

      2.  The total amount released to all Indian tribes from escrow pursuant to this section in any 1 year must not exceed $1 million in the aggregate.

      3.  This section applies only to:

      (a) The cigarettes of a manufacturer of tobacco products that existed in the United States market on or before June 1, 2012; and

      (b) A manufacturer of tobacco products involved in the production, distribution or sale of the cigarettes for which money would be released that is not a manufacturer, or an affiliate or successor of such manufacturer, affiliated with the Indian tribe or any member of the tribe to which the money would be released.

      4.  For the purposes of this section, an Indian tribe with qualified tribal land located in more than one state or territory of the United States is considered to have a reservation or colony in, and to be eligible for the release of money pursuant to this section from, this State only if the largest portion of the qualified tribal land of the tribe is located within this State.

      5.  The Attorney General may withdraw from a qualified escrow fund the money released pursuant to this section. The manufacturers of tobacco products that elect to deposit money into a qualified escrow fund pursuant to NRS 370A.140 and the financial institutions in which such qualified escrow funds are maintained shall make such amendments to their qualified escrow agreements as may be necessary to effectuate a withdrawal of money from the qualified escrow funds pursuant to this section.

      6.  Notwithstanding the provisions of NRS 370A.150, a manufacturer of tobacco products does not have any right to reversion of the money, including, without limitation, the interest or other appreciation earned on the money, released from escrow pursuant to this section.

 


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including, without limitation, the interest or other appreciation earned on the money, released from escrow pursuant to this section.

      7.  If a court of competent jurisdiction invalidates the provisions of subsection 5, the money authorized to be released to Indian tribes pursuant to this section may be paid to the appropriate tribes out of the State General Fund, subject to all conditions and limits provided in this section.

      8.  The Attorney General is authorized to enter into compacts on behalf of the State as provided in this section. Any compact so entered into must require the Indian tribe to verify that the conditions set forth in paragraphs (e), (f) and (g) of subsection 1 are met.

      Sec. 32. NRS 370A.010 is hereby amended to read as follows:

      370A.010  As used in this chapter, the words and terms defined in NRS 370A.020 to 370A.120, inclusive, and section 28 of this act have the meanings ascribed to them in those sections.

      Sec. 33. NRS 370A.120 is hereby amended to read as follows:

      370A.120  “Units sold” means, with respect to a particular manufacturer of tobacco products for a particular year, the number of individual cigarettes sold in this state , including, without limitation, any cigarettes sold on any qualified tribal land within the State, by the manufacturer directly or through a distributor, retailer or similar intermediary or intermediaries during that year, [as measured by excise taxes collected by the State on packs, or containers of “roll-your-own” tobacco, bearing the excise stamp of this state.] for which the State has the authority under federal law to impose excise or a similar tax or to collect escrow deposits. The term does not include any cigarettes sold:

      1.  On a federal installation in a transaction that is exempt from state taxation under federal law; or

      2.  On the qualified tribal land of an Indian tribe to a consumer who is an adult enrolled member of that tribe in a transaction that is exempt from state taxation under federal law.

      Sec. 34. NRS 370A.150 is hereby amended to read as follows:

      370A.150  A manufacturer of tobacco products that deposits money into escrow pursuant to subsection 2 of NRS 370A.140 shall receive the interest or other appreciation on the deposit as earned. The principal of the deposit may be released from escrow only under the following circumstances:

      1.  To pay a judgment or settlement on a released claim brought against that manufacturer by this State or by a releasing party located or residing in this State. Money may be released from escrow under this subsection only in the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.

      2.  To the extent that the manufacturer establishes that the amount it was required to deposit into escrow on account of units sold in the State in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold if the manufacturer had been a participating manufacturer, the excess must be released from escrow and revert to the manufacturer.

      3.  In accordance with the provisions of section 31 of this act.

 


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ê2013 Statutes of Nevada, Page 2667 (Chapter 451, SB 516)ê

 

      4.  To the extent not released from escrow under subsection 1 [or 2,] , 2 or 3, deposits must be released from escrow and revert to the manufacturer 25 years after the date on which they were deposited.

      Sec. 35.  1.  This section and sections 1 to 16, inclusive, 18 to 30, inclusive, and 32 of this act become effective on July 1, 2013.

      2.  Sections 17, 31, 33 and 34 of this act become effective on January 1, 2014.

________

CHAPTER 452, SB 518

Senate Bill No. 518–Committee on Finance

 

CHAPTER 452

 

[Approved: June 10, 2013]

 

AN ACT relating to programs for public personnel; establishing for the 2013-2015 biennium the subsidies to be paid to the Public Employees’ Benefits Program for insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill establishes the amount of the State’s share of the costs of premiums or contributions for group insurance for active state officers and employees who participate in the Public Employees’ Benefits Program. Section 2 of this bill establishes the base amount for the share of the costs of premiums or contributions for group insurance under the Program that is required to be paid by the State and local governments for retired public officers and employees. Section 2 also establishes the share of the cost of qualified medical expenses for individual Medicare insurance plans through the Program that is required to be paid by the State and local governments for retired public officers and employees.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  For the purposes of NRS 287.044 and 287.0445, the State’s share of the cost of premiums or contributions for group insurance for each active state officer or employee who elects to participate in the Public Employees’ Benefits Program is:

      (a) For the Fiscal Year 2013-2014, $688.37 per month.

      (b) For the Fiscal Year 2014-2015, $695.35 per month.

      2.  If the amount of the State’s share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the state officer or employee selects less any amount paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons that are eligible to participate in the Public Employees’ Benefits Program through such a state officer or employee.

 


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

ê2013 Statutes of Nevada, Page 2668 (Chapter 452, SB 518)ê

 

      Sec. 2.  1.  Except as otherwise provided in subsection 2, for the purposes of NRS 287.023 and 287.046, the base amount for the share of the cost of premiums or contributions for group insurance for each person who has retired with state service and continues to participate in the Public Employees’ Benefits Program to be paid by the State or a local government, as applicable, is:

      (a) For the Fiscal Year 2013-2014, $452.26 per month.

      (b) For the Fiscal Year 2014-2015, $462.20 per month.

      2.  For the purposes of NRS 287.023 and NRS 287.046, the share of the cost of qualified medical expenses for each person who has retired with state service and whose coverage is provided through the Public Employees’ Benefits Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., for Fiscal Year 2013-2014 and Fiscal Year 2014-2015 to be paid by the State or a local government, as applicable, is:

      (a) For those persons who retired before January 1, 1994, $165 per month.

      (b) For those persons who retired on or after January 1, 1994, $11 per month per year of service, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $220 per month.

      3.  For Fiscal Year 2013-2014 and Fiscal Year 2014-2015, the share of the cost of qualified medical expenses set forth in subsection 2 for each person who has retired with state service and whose coverage is provided through the Public Employees’ Benefits Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., to be paid by the State or a local government, as applicable, must be increased by $2 per month.

      4.  No money may be paid by the State Retirees’ Health and Welfare Benefits Fund created by NRS 287.0436 on behalf of a person who is initially hired by the State on or after January 1, 2010, and who:

      (a) Has not participated in the Program on a continuous basis since his or her retirement from such employment; or

      (b) Does not have at least 15 years of service credit upon retirement, unless the person does not have at least 15 years of service credit as a result of a disability for which disability benefits are received under the Public Employees’ Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education, and has participated in the Program on a continuous basis since his or her retirement from such employment.

      5.  If the amount calculated pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the retired participant selects, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435.

      Sec. 3.  This act becomes effective on July 1, 2013.

________

 

 

 

 


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

ê2013 Statutes of Nevada, Page 2669ê

 

CHAPTER 453, SB 521

Senate Bill No. 521–Committee on Finance

 

CHAPTER 453

 

[Approved: June 10, 2013]

 

AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the State Government for the 2013-2015 biennium; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; requiring repayment of certain advances to state agencies; and providing other matters properly relating thereto.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2013-2014 and Fiscal Year 2014-2015 by the various officers, departments, boards, agencies, commissions and institutions of the State Government mentioned in this act:

 

                                                                                           2013-2014             2014-2015

Governor’s Office:

      High Level Nuclear Waste                                        $541,404               $541,404

      Washington Office                                                       253,256                 259,433

      Energy Conservation                                                2,985,173              2,226,097

      Renewable Energy, Efficiency and Conservation Loan 5,414,026    8,129,092

      Renewable Energy Fund                                          3,655,941              5,148,210

Commission on Ethics:

      Ethics Commission                                                     $535,306               $526,607

Attorney General’s Office:

      Office of the Extradition Coordinator                      $102,667               $102,667

      Attorney General Administration Account         12,217,283            11,730,914

      Special Litigation Account                                      4,499,036              3,374,359

      Workers’ Comp Fraud                                              3,952,315              3,896,919

      Crime Prevention Program                                             46,562                   46,562

      Medicaid Fraud Control Unit                                   2,985,602              2,614,607

      Bureau of Consumer Protection                              4,322,661              3,877,965

      Violence Against Women Grants                           2,233,254              2,119,327

      Advisory Council for Prosecuting Attorneys         361,735                 383,780

      Victims of Domestic Violence                                     530,734                 538,204

      Attorney General Tort Claim Fund                         7,754,661              8,469,546

      National Settlement Administration                     75,817,318            13,898,271

 


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

ê2013 Statutes of Nevada, Page 2670 (Chapter 453, SB 521)ê

 

                                                                                           2013-2014             2014-2015

Office of the State Controller:

      Controller’s Office                                                      $274,074                 $90,601

      Debt Recovery Account                                             533,922                 397,848

Office of the Secretary of State:

      Secretary of State                                                       $932,902               $661,075

      HAVA Election Reform                                            3,181,111              2,539,349

Office of the State Treasurer:

      State Treasurer                                                         $1,782,477            $1,774,617

      Treasurer Higher Education Tuition Administration 595,655               594,921

      Bond Interest and Redemption                           280,997,730          268,095,145

      Municipal Bond Bank Revenue                            16,328,629            16,501,818

      Municipal Bond Bank Debt Service                     16,505,377            16,678,566

      Millennium Scholarship Administration                   413,513                 415,341

      Nevada College Savings Trust                                2,027,997              2,030,177

      Endowment Account                                                7,754,937              8,078,236

      Unclaimed Property                                                   1,870,188              1,869,321

Department of Administration:

      Administration – Hearings Division                     $4,502,884            $4,594,165

      Budget and Planning Division                                   298,437                 297,773

      Insurance and Loss Prevention                            28,654,096            28,636,212

      Fleet Services Division                                             4,979,939              5,243,970

      Fleet Services Capital Purchase                              1,950,783              2,214,635

      Purchasing Division                                                  2,880,158              2,873,296

      Victims of Crime                                                       14,474,714            16,162,632

      State Public Works Division – Administration        857,478                 858,577

      State Public Works Division – Buildings and Grounds 17,363,707 18,411,205

      State Public Works Division – Engineering and Planning 3,761,844 3,711,799

      State Public Works Division – Marlette Lake       1,614,586              1,698,116

      State Unemployment Compensation                      5,662,364              4,246,303

      Human Resource Management                               9,181,907              8,674,710

      Administrative Services Division                           2,950,014              2,982,460

      Application Support                                                 5,227,424              5,004,298

      Office of Chief Information Officer                            779,462                 655,885

      Computer Facility                                                    13,834,009            13,903,315

      Data Communications and Network Engineering 3,848,740              4,425,028

      Telecommunications                                                 3,640,441              3,833,364

      Network Transport Services                                    3,194,130              3,120,345

      Security                                                                       2,088,049              1,679,357

      Information Technology Consolidation, Department of Public Safety 5,972,195  5,950,100

      Nevada State Library                                                1,644,162              1,622,013

      Nevada State Library – Archives and Records         87,555                   81,989

      Nevada State Library – CLAN                                    292,066                 287,127

      Nevada State Library – Mail Services                    7,117,264              7,009,713

 


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

ê2013 Statutes of Nevada, Page 2671 (Chapter 453, SB 521)ê

 

                                                                                           2013-2014             2014-2015

      Nevada State Library – Mail Services Equipment $311,979               $282,474

      Nevada State Library – IPS Equipment/Software      32,444                   32,800

Supreme Court of Nevada:

      Administrative Office of the Courts                     $5,319,438            $4,864,525

      Judicial Programs and Services Division                  423,823                 423,823

      Uniform System of Judicial Records                       3,032,647              2,689,067

      Judicial Education                                                     1,613,864              1,479,768

      Foreclosure Mediation Program                              3,395,572              2,624,684

      Judicial Support, Governance and Special Events  965,813              1,009,533

      Supreme Court                                                           6,308,270              6,307,592

      Specialty Court                                                          8,187,025              7,302,990

      Senior Justice and Senior Judge Program                 525,381                 525,381

      Supreme Court Law Library                                            4,248                     3,602

Department of Tourism and Cultural Affairs:

      Tourism Development Fund                                $21,418,654          $21,248,375

      Tourism Development                                                 133,695                 107,254

      Nevada Magazine                                                      1,615,642              1,532,992

      Museums and History Administration                     179,264                 178,684

      Lost City Museum                                                        261,737                 258,309

      Nevada Historical Society                                           298,078                 298,943

      Nevada State Museum, Carson City                         916,612                 921,582

      Nevada State Museum, Las Vegas                            795,644                 805,966

      State Railroad Museums                                             809,585                 817,927

      Nevada Arts Council                                                1,522,173              1,502,488

      Nevada Indian Commission                                          63,442                   62,803

Governor’s Office of Economic Development:

      Governor’s Office of Economic Development       $882,326               $831,008

      Nevada Film Office                                                       780,556                 776,827

      Rural Community Development                              2,162,129              2,162,029

      Procurement Outreach Program                                 429,750                 429,950

      Nevada SSBCI Program                                            2,128,000              3,128,182

Department of Taxation:

      Department of Taxation                                             $765,054               $769,141

Legislative Counsel Bureau:

      Legislative Counsel Bureau                                   $1,342,423            $1,009,760

      Printing Office                                                            2,786,544              3,022,755

Commission on Peace Officers’ Standards and Training:

      Peace Officers’ Standards and Training Commission $2,308,742    $2,284,058

Office of Veterans Services:

      Commissioner for Veterans Affairs                       $1,410,909            $1,417,153

      Veterans Home Account                                        18,776,615            19,429,243

 


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

ê2013 Statutes of Nevada, Page 2672 (Chapter 453, SB 521)ê

 

                                                                                           2013-2014             2014-2015

Department of Education:

      Educational Trust Account                                      $509,667               $187,854

      Education State Programs                                           446,759                   44,942

      Career and Technical Education                             8,734,143              8,749,296

      Gear Up                                                                       5,991,473              5,990,995

      Continuing Education                                               5,570,784              5,570,533

      Teacher Education and Licensing                          1,796,790              1,779,963

      Other Unrestricted Accounts                                     174,648                 187,873

      Discretionary Grants – Restricted                         17,128,574            11,041,661

      Elementary and Secondary Ed. – Title I             114,410,293          114,410,001

      Elementary and Secondary Ed. – Titles II, V & VI 29,368,073          29,519,952

      Individuals with Disabilities Education Act (IDEA) 72,915,497      72,916,753

      Education Staffing Services                                     1,851,756              1,889,671

      Education Support Services                                    3,656,019              4,326,397

State Public Charter School Authority:

      State Public Charter School Authority                 $3,800,685            $4,373,046

Nevada System of Higher Education (NSHE):

      University of Nevada, Reno                                $68,018,564          $68,591,023

      School of Medical Sciences                                     5,123,764              5,926,080

      System Administration                                                111,460                 111,460

      University of Nevada, Las Vegas                         99,174,180            99,174,180

      Agriculture Experiment Station                               1,650,537              1,650,537

      Cooperative Extension Service                                1,930,606              1,936,086

      UNLV Law School                                                     5,093,893              5,164,952

      Great Basin College                                                   3,658,287              3,670,625

      UNLV Dental School                                                 7,828,782              7,828,782

      Nevada State College                                                5,710,454              5,727,035

      Desert Research Institute                                            148,486                 148,486

      College of Southern Nevada                                  44,462,308            44,457,871

      Western Nevada College                                         5,628,829              6,231,318

      Truckee Meadows Community College               12,856,934            12,800,148

      Western Interstate Commission for Higher Education

             Loan and Stipend                                                   293,469                 293,965

Commission on Postsecondary Education:

      Commission on Postsecondary Education             $103,131               $101,911

Department of Health and Human Services Administration:

      Office of the State Public Defender                      $1,625,207            $1,605,726

      Health and Human Services Administration         2,962,615                 482,869

      Developmental Disabilities                                         494,176                 494,258

      Grants Management Unit                                       27,824,682            27,831,066

      Director’s Office – Problem Gambling                    2,047,151              1,943,036

      Children’s Trust Account                                           746,875                 782,660

      Consumer Health Assistance                                  1,428,620                 890,784

      Healthy Nevada Fund                                               9,026,212              9,032,561

 


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

ê2013 Statutes of Nevada, Page 2673 (Chapter 453, SB 521)ê

 

                                                                                           2013-2014             2014-2015

      Indigent Supplemental Account                         $18,507,116          $19,223,037

      IDEA Part C Compliance                                          3,972,105              3,972,105

Division of Health Care Financing and Policy:

      Intergovernmental Transfer Program               $101,990,277        $108,233,491

      Division of Health Care Financing and Policy Administration    113,364,847 110,706,203

      Increased Quality of Nursing Care                       30,947,740            32,204,514

      Nevada Check-Up Program                                    31,383,088            32,879,011

      Nevada Medicaid                                               1,473,607,925       1,851,434,975

Division of Public and Behavioral Health:

      Behavioral Health:

             Southern Nevada Adult Mental Health Services $13,637,544 $18,564,558

             Northern Nevada Adult Mental Health Services 5,871,074         8,047,492

             Mental Health Information System                     290,236                 295,305

             Mental Health Administration                          5,816,501              5,819,972

             Substance Abuse Prevention and Treatment Agency 14,312,876 14,256,121

             Alcohol Tax Program                                          1,654,321              1,772,107

             Lake’s Crossing                                                   1,744,082              1,806,316

             Rural Clinics                                                         2,880,610              4,480,009

      Public Health:

             Radiation Control                                              $4,020,249            $3,875,681

             Low-Level Radioactive Waste Fund                1,007,129              1,144,048

             Child Care Services                                             1,549,743              1,547,467

             Cancer Control Registry                                     1,201,284              1,242,856

             Health Statistics and Planning                          1,606,477              1,803,131

             Consumer Health Protection                             2,328,980              2,266,961

             Immunization Program                                        5,695,634              4,965,582

             WIC Food Supplement                                     68,561,151            68,561,151

             Communicable Diseases                                  14,258,100            14,258,100

             Health Facilities Hospital Licensing               14,980,627            14,240,414

             Health Facilities Administrative Penalty            404,632                 504,500

             Public Health Preparedness Program             10,794,624            10,643,945

             Chronic Disease                                                  6,757,629              6,760,584

             Biostatistics and Epidemiology                        4,041,899              4,062,519

             Maternal Child Health Services                        8,312,585              8,442,807

             Office of Health Administration                        6,137,484              5,546,996

             Community Health Services                              2,519,083              2,545,388

             Emergency Medical Services                               233,340                 238,225

             Marijuana Health Registry                                 1,041,588                 793,890

Division of Welfare and Supportive Services:

      Welfare Administration                                        $30,022,072          $28,536,793

      Temporary Assistance for Needy Families         20,133,437            18,219,996

      Welfare Field Services Account                           62,359,727            71,588,844

      Child Support Enforcement Program                    18,674,978            19,587,180

 


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

ê2013 Statutes of Nevada, Page 2674 (Chapter 453, SB 521)ê

 

                                                                                           2013-2014             2014-2015

      Child Support Federal Reimbursement               $39,027,634          $40,968,578

      Welfare – Child Assistance and Development   32,741,884            32,856,070

      Welfare – Energy Assistance Program                20,020,110            20,150,924

Aging and Disability Services Division:

      Tobacco Settlement Program                                 $5,425,417            $5,429,581

      Federal Programs and Administration                  17,432,792            17,572,209

      Senior Rx and Disability Rx                                      4,858,174              5,048,144

      Home and Community-Based Services                14,239,594            16,708,622

      Family Preservation Program                                   1,200,000              1,200,000

      Rural Regional Center                                               7,192,894              7,254,554

      Desert Regional Center                                           49,832,165            54,490,467

      Sierra Regional Center                                            16,756,047            17,627,995

      Early Intervention Services                                      4,654,938              4,673,463

Division of Child and Family Services:

      Community Juvenile Justice Programs                 $2,431,532            $2,316,582

      Washoe County Child Welfare                             15,124,926            15,789,652

      Clark County Child Welfare                                   38,383,047            40,417,793

      UNITY/SACWIS                                                       2,871,810              2,743,738

      Children, Youth and Family Administration        11,762,750            11,785,708

      Youth Alternative Placement                                   2,006,984              2,006,984

      Caliente Youth Center                                                  259,389                 259,389

      Victims of Domestic Violence                                  3,767,543              4,109,606

      Rural Child Welfare                                                 12,573,391            12,826,887

      Child Welfare Trust                                                      253,597                 253,597

      Transition from Foster Care                                     1,814,096              1,701,700

      Review of Death of Children                                       333,653                 344,404

      Nevada Youth Training Center                                  384,982                 415,508

      Youth Parole Services                                               2,837,855              2,877,317

      Northern Nevada Child and Adolescent Services 4,547,318             4,684,786

      Southern Nevada Child and Adolescent Services 14,281,320         14,945,015

Adjutant General:

      Office of the Military                                             $12,823,672          $12,940,603

      Carlin Armory                                                                212,178                 201,023

      Adjutant General’s Special Armory Account              4,226                     3,823

      Patriot Relief Fund                                                        228,689                 114,353

      Emergency Operations Center                                    443,596                 396,888

Department of Corrections:

      Prison Medical Care                                                $2,143,549            $2,151,242

      Offenders’ Store Fund                                            16,576,949            16,028,449

      Office of the Director                                                3,185,600              3,187,846

      Correctional Programs                                                 540,842                 404,400

      Warm Springs Correctional Center                              11,557                   11,557

      Northern Nevada Correctional Center                       155,086                 155,086

      Nevada State Prison                                                       17,714                   17,714

      Prison Industry                                                          4,679,471              4,966,412

      Stewart Conservation Camp                                       108,967                 108,967

 


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

ê2013 Statutes of Nevada, Page 2675 (Chapter 453, SB 521)ê

 

                                                                                           2013-2014             2014-2015

      Pioche Conservation Camp                                         $11,597                 $11,597

      Northern Nevada Restitution Center                         418,040                 470,895

      Three Lakes Valley Conservation Camp                     13,640                   13,640

      Prison Dairy                                                                3,054,094              3,328,467

      Southern Desert Correctional Center                          67,513                   67,513

      Wells Conservation Camp                                              9,690                     9,690

      Humboldt Conservation Camp                                     12,757                   12,757

      Ely Conservation Camp                                                 11,251                   11,251

      Jean Conservation Camp                                               10,189                   10,126

      Ely State Prison                                                               63,528                   63,968

      Carlin Conservation Camp                                            13,410                   13,410

      Tonopah Conservation Camp                                      14,162                   14,162

      Lovelock Correctional Center                                     101,704                 101,866

      Casa Grande Transitional Housing                            969,410                 969,410

      Florence McClure Women’s Correctional Center   157,344                 159,872

      High Desert State Prison                                               81,598                   81,395

      Inmate Welfare Account                                          4,672,113              4,741,397

Commission on Mineral Resources:

      Division of Minerals                                               $2,977,505            $2,675,850

State Department of Agriculture:

      Agriculture Registration/Enforcement                 $3,980,288            $3,684,439

      Livestock Inspection                                                1,940,647              1,669,255

      Veterinary Medical Services                                       213,702                 214,144

      Consumer Equitability Division                              3,577,619              3,320,722

      Pest, Plant Disease, Noxious Weed Control            592,311                 626,031

      Administration                                                           2,566,546              2,558,556

      Mormon Cricket and Grasshoppers                           438,876                 453,198

      Predatory Animal and Rodent Control                      426,906                 426,906

      Nutrition Education Programs                             129,734,371          129,768,930

      Plant Health and Quarantine Services                         31,855                   32,716

      Dairy Commission                                                     1,899,778              1,962,620

      Commodity Food Program                                     14,258,703            16,455,616

Public Utilities Commission:

      Public Utilities Commission                                 $13,786,193          $13,977,651

Gaming Control Board:

      Gaming Control Board                                          $16,016,273          $16,038,352

      Gaming Control Board Investigation Fund         18,068,098            18,104,683

Department of Public Safety:

      Division of Emergency Management                   $4,389,654            $4,344,743

      Emergency Management Assistance Grants      27,223,602            27,166,572

      Homeland Security                                                       249,981                 251,489

      Division of Parole and Probation                            6,736,516              6,811,337

      Division of Investigations                                          828,143                 664,056

      Training Division                                                              3,382                     3,382

      State Fire Marshal                                                     2,014,500              2,028,235

      Cigarette Fire Safe Standard and Firefighter Support 214,025              215,473

 


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

ê2013 Statutes of Nevada, Page 2676 (Chapter 453, SB 521)ê

 

                                                                                           2013-2014             2014-2015

      Traffic Safety                                                            $4,460,865            $4,460,865

      Highway Safety Planning and Administration     2,111,273              2,112,926

      Motorcycle Safety Program                                        657,961                 602,944

      Evidence Vault                                                              542,322                 553,940

      Forfeitures – Law Enforcement                               2,196,692              1,188,698

      NHP K-9 Program                                                           58,614                   35,140

      Director’s Office                                                        3,152,522              3,146,931

      Office of Professional Responsibility                        600,468                 592,854

      Justice Assistance Act                                             1,461,950              1,347,309

      Central Repository for Nevada Records of Criminal History          17,808,464 17,539,391

      Nevada Highway Patrol                                            2,487,514              2,507,611

      General Services                                                        6,229,243              6,349,627

      Highway Safety Grants Account                            1,509,586              1,517,337

      Capitol Police                                                             2,546,118              2,589,662

      State Emergency Response Commission               2,455,606              2,535,277

      Justice Assistance Grant Trust                               3,098,351              2,254,345

      Justice Grant                                                                  448,733                 463,047

      Fund for Reentry Programs                                             5,500                     5,500

Colorado River Commission:

      Colorado River Commission                                  $7,596,727            $7,187,297

      Research and Development                                     5,976,053              6,992,216

      Power Delivery System                                         106,940,508          107,078,796

      Power Marketing Fund                                           31,433,779            33,829,188

State Department of Conservation and Natural Resources:

      DEP – Administration                                             $6,465,998            $6,766,034

      DEP – Air Quality                                                      8,177,082              8,860,801

      DEP – Water Pollution Control                               6,494,675              6,761,310

      DEP – Waste Management and Federal Facilities 16,539,340         18,070,349

      DEP – Mining Regulation/Reclamation                 5,227,911              5,321,654

      DEP – State Revolving Fund – Administration    2,822,491              3,027,561

      DEP – Water Quality Planning                                4,042,803              4,074,540

      DEP – Safe Drinking Water Regulatory Program 4,513,154              4,625,467

      Nevada Natural Heritage Program                          1,044,209                 847,912

      State Environmental Commission                              110,401                 110,401

      Conservation and Natural Resources Administration 511,817             512,639

      DEP – Water Planning Capital Improvement           205,441                 217,217

      Division of State Parks                                             8,181,099              8,195,802

      Division of Water Resources                                  4,163,471              6,120,560

      Division of State Lands                                               785,190                 813,354

      Division of Forestry                                                  2,928,790              2,946,034

      Wildland Fire Protection Program                           1,300,000              2,606,393

      Forest Fire Suppression                                           4,264,762              4,268,482

      Forestry Conservation Camps                                 3,304,710              3,473,738

 


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

ê2013 Statutes of Nevada, Page 2677 (Chapter 453, SB 521)ê

 

                                                                                           2013-2014             2014-2015

      Conservation Districts Program                               $174,749               $174,234

      State Historic Preservation Office                              838,570                 816,150

      Forestry Intergovernmental Agreements              3,004,714              2,771,531

      Forestry Nurseries                                                     1,158,860              1,129,606

Tahoe Regional Planning Agency:

      Tahoe Regional Planning Agency                      $13,689,228          $13,689,228

Department of Wildlife:

      Director’s Office                                                      $3,769,750            $3,485,890

      Operations                                                                  5,872,871              5,739,259

      Conservation Education                                           2,136,972              2,170,860

      Law Enforcement                                                       7,761,521              7,671,020

      Game Management                                                    4,864,836              4,624,787

      Fisheries Management                                             7,397,777              7,017,069

      Diversity                                                                     1,423,803              1,455,651

      Habitat                                                                         4,411,865              4,650,419

Department of Business and Industry:

      Nevada Attorney for Injured Workers                 $3,330,918            $3,350,657

      Employee-Management Relations Board                 565,224                 435,348

      Financial Institutions Investigations                        729,002                 721,112

      Insurance Regulation                                              12,910,115            12,023,242

      Manufactured Housing                                            1,397,056              1,332,845

      Insurance Examiners                                                 2,695,611              2,202,712

      Captive Insurers                                                        2,426,230              1,906,507

      Common-Interest Communities                               3,498,394              2,905,554

      Insurance Recovery                                                     646,705                 646,705

      Real Estate Administration                                      1,838,858              1,929,451

      Insurance Education and Research                           532,981                 816,547

      Real Estate Education and Research                      1,370,681                 911,990

      Real Estate Recovery Account                                  506,000                 507,000

      National Association of Insurance Commissioners  45,901                   46,405

      Insurance Cost Stabilization                                         89,528                   98,217

      Financial Institutions                                                6,373,284              6,141,820

      Low-Income Housing Trust Fund                        18,604,149            17,205,025

      Special Housing Assistance                                    1,141,902                            0

      Nevada Home Retention Program                         49,000,000                            0

      Housing Division                                                    11,773,370            11,908,331

      Mobile Home Lot Rent Subsidy                                 575,314                 631,871

      Mobile Home Parks                                                      365,498                 393,418

      Manufactured Housing Education/Recovery          259,890                 238,776

      Financial Institutions Audit                                        272,847                 286,822

      Mortgage Lending                                                    4,407,652              4,678,294

      Transportation Authority                                           282,792                 283,505

      Transportation Authority Administrative Fines     365,300                 430,961

      Nevada Athletic Commission                                     249,977                 238,141

      Taxicab Authority                                                   10,293,872              9,648,055

      Industrial Relations                                                   6,536,679              6,177,304

      Business and Industry Administration                  4,195,684              4,142,793

 


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

ê2013 Statutes of Nevada, Page 2678 (Chapter 453, SB 521)ê

 

                                                                                           2013-2014             2014-2015

      Occupational Safety and Health Enforcement  $10,435,717          $10,366,717

      Industrial Development Revenue Bonds                  397,188                 503,104

      Self-Insured – Workers Compensation                     554,912                 565,727

      Safety Consultation and Training                           3,048,048              3,088,622

      Mine Safety and Training                                        1,460,124              1,437,664

      Weatherization                                                           5,680,488              5,734,440

      Labor Commissioner                                                        1,918                     1,916

Department of Transportation:

      Transportation Administration                         $591,337,241        $591,322,454

Department of Motor Vehicles:

      Records Search                                                        $7,502,426            $7,194,843

      Automation                                                                4,182,514              4,006,872

      Motor Carrier                                                              1,840,273                 955,061

      Motor Vehicle Pollution Control                           11,384,212            11,994,284

      Verification of Insurance                                        11,827,775            11,827,775

      Hearings Office                                                                 4,289                     4,289

      Division of Field Services                                      24,035,606                   72,423

      Division of Compliance Enforcement                        216,352                 219,103

      Division of Central Services and Records             4,866,042              4,714,892

      Office of the Director                                                1,772,148              1,911,809

      Division of Administrative Services                       7,602,175              7,616,399

      REAL ID                                                                         209,242                            0

      License Plate Factory                                                3,341,527              4,604,845

Department of Employment, Training and Rehabilitation:

      Nevada Equal Rights Commission                           $420,100               $420,100

      Blind Business Enterprise Program                        5,713,015              5,807,619