κ2003 Statutes of Nevada, Page 1819 (Chapter 324, SB 434)κ
If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.
IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 343Assemblyman Carpenter (by request)
CHAPTER 325
AN ACT relating to travel and tourism; requiring a seller of travel to include his registration number in his advertising; requiring a seller of travel to maintain a trust account for money paid to the seller of travel by consumers; revising the definition of seller of travel; requiring the Consumer Affairs Division of the Department of Business and Industry to mail to a seller of travel an application for the renewal of his certificate before the expiration of his current certificate; establishing an account for a consumer to recover damages for certain actions of a seller of travel; repealing the provisions that require a seller of travel to comply with certain financial security requirements; repealing the provisions allowing a consumer to recover damages from security deposited by a seller of travel with the Division; requiring tour brokers and tour operators to register with the Division annually; requiring sellers of travel, tour brokers and tour operators to pay certain fees relating to registration; and providing other matters properly relating thereto.
[Approved: June 2, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10.5, inclusive, of this act.
Sec. 2. Account means the account established pursuant to section 6 of this act.
Sec. 3. Consumer means a person who pays money to a seller of travel for the purchase of travel services or a vacation certificate.
κ2003 Statutes of Nevada, Page 1820 (Chapter 325, AB 343)κ
Sec. 4. A seller of travel shall include the registration number from his certificate of registration in any advertising conducted by, or on the behalf of, the seller of travel. The statement must be prominently displayed in the advertisement and be in substantially the following form in at least 10-point bold type in a font that is easy to read:
Nevada Seller of Travel
Registration No. _____.
Sec. 5. 1. A seller of travel shall maintain a trust account in a bank, credit union or savings and loan association in this state for the purpose of depositing all money that a consumer pays to the seller of travel for the purchase of travel services or a vacation certificate.
2. If a consumer pays money to a seller of travel for the purchase of travel services or a vacation certificate, the seller of travel shall deposit all such money in the trust account maintained by the seller of travel not later than 2 business days after the date on which the consumer pays the money to the seller of travel.
3. The seller of travel shall pay out of the trust account the money paid to the seller of travel by the consumer as needed to complete the purchase of the travel services or vacation certificate purchased by the consumer.
Sec. 6. 1. The Division shall administer and account separately for the money received from each seller of travel pursuant to the provisions of paragraph (c) of subsection 1 and paragraph (c) of subsection 4 of NRS 598.365. The Division may refer to the money in the account as the Recovery Fund.
2. Except as otherwise provided in section 10 of this act, the money in the account must be used to pay claims made by consumers who are eligible for recovery from the account pursuant to sections 7 and 8 of this act.
Sec. 7. 1. Except as otherwise provided in subsection 5, a consumer who is eligible for recovery from the account must file a complaint with the Division or its designee not later than 1 year after the scheduled date of completion of the travel purchased by the consumer. The consumer must file the complaint on a form established for this purpose by the Division.
2. If the Division receives a complaint pursuant to subsection 1, the Division or its designee shall hold a hearing on the complaint. The Division shall:
(a) Affix the time and place for the hearing; and
(b) Notify the interested parties, in writing, at least 10 days before the date affixed for the hearing, of the time and place of the hearing.
3. Any testimony taken at the hearing must be considered a part of the record of the hearing before the Division or its designee.
4. The hearing must be public if a request is made for a public hearing.
5. If a consumer has obtained a judgment in any court of competent jurisdiction for recovery of damages against a seller of travel, the consumer may file with the Division or its designee a complaint for recovery of the judgment from the account. The consumer must file the complaint not later than 2 years after the entry of the judgment. The consumer is eligible for recovery of the judgment from the account if:
κ2003 Statutes of Nevada, Page 1821 (Chapter 325, AB 343)κ
(a) The judgment is for actual damages suffered by the consumer as a result of:
(1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;
(2) The bankruptcy of the seller of travel;
(3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or
(4) The violation by the seller of travel of any provision of NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive, of this act;
(b) The proceedings in connection with the judgment, including all appeals, have terminated;
(c) The consumer files the complaint on a form established for this purpose by the Division;
(d) The consumer submits proof satisfactory to the Division of the judgment; and
(e) Upon obtaining payment from the account, the consumer assigns his rights to enforce the judgment to the Division.
6. If a consumer files a complaint pursuant to this section, the Division or its designee shall act upon the complaint not later than 60 days after the date on which the complaint is filed with the Division, unless the Division:
(a) Determines that the complaint involves complex issues that may not reasonably be resolved within 60 days; and
(b) Notifies the interested parties, in writing, that the time for acting on the complaint will be extended. If the Division provides such notice to the interested parties, the Division shall act upon the complaint not later than 180 days after the date on which the complaint is filed with the Division.
Sec. 8. 1. Except as otherwise provided in subsection 2, a consumer is eligible for recovery from the account if:
(a) The Division or its designee, after conducting a hearing on a complaint filed pursuant to the provisions of subsection 1 of section 7 of this act, finds that the consumer suffered actual damages as a result of:
(1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;
(2) The bankruptcy of the seller of travel;
(3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or
(4) The violation by the seller of travel of any provision of NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive, of this act; or
(b) The consumer complies with the provisions of subsection 5 of section 7 of this act for the recovery of a judgment from the account.
2. A consumer is not eligible for recovery from the account if:
(a) The consumer is the spouse of the seller of travel or is a personal representative of the spouse of the seller of travel;
(b) The consumer was associated in a business relationship with the seller of travel other than with regard to the travel services or vacation certificate at issue;
(c) At the time the consumer paid money to the seller of travel for the purchase of the travel services or vacation certificate at issue, the seller of travel was not registered with the Division as required by NRS 598.365; or
(d) The consumer is seeking recovery of losses which were incurred by the consumer as the result of a cancellation penalty that:
κ2003 Statutes of Nevada, Page 1822 (Chapter 325, AB 343)κ
(1) Was fully disclosed and agreed to by the consumer at the time the consumer entered into the contract for the purchase of the travel services or vacation certificate at issue; and
(2) Was imposed against the consumer, in accordance with the terms of the contract, after the cancellation of the travel services or vacation certificate at issue.
3. If the Division or its designee finds that a consumer is eligible for recovery from the account pursuant to this section, the Division or its designee may pay out of the account:
(a) If the complaint was filed pursuant to subsection 1 of section 7 of this act, the amount of actual damages suffered, but not to exceed $10,000; or
(b) If the complaint was filed pursuant to subsection 5 of section 7 of this act, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $10,000.
4. If a consumer has recovered a portion of his losses from sources other than the account, the Division shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.
5. To the extent that payments are made from the account to a consumer, the Division is subrogated to the rights of the consumer. The Division and the Attorney General shall promptly enforce all subrogation claims.
6. The amount of recovery from the account based upon claims made against any single seller of travel:
(a) Must not exceed $200,000; and
(b) For any single action of the seller of travel, must not exceed 20 percent of the balance of the account.
Sec. 9. 1. A seller of travel shall display conspicuously, at each place of business of the seller of travel and on any website maintained by the seller of travel for business purposes, a legible and typewritten statement that notifies consumers that they may be eligible to recover certain financial damages from the Recovery Fund. The written statement must be in substantially the following form:
RECOVERY FUND FOR CONSUMERS
DAMAGED BY SELLERS OF TRAVEL
You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this state for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:
κ2003 Statutes of Nevada, Page 1823 (Chapter 325, AB 343)κ
SOUTHERN NEVADA: 1850 East Sahara Avenue
Suite 101
Las Vegas, Nevada 89104
Phone: 702.486.7355
Fax: 702.486.7371
ncad@fyiconsumer.org
NORTHERN NEVADA: 4600 Kietzke Lane
Building B, Suite 113
Reno, Nevada 89502
Phone: 775.688.1800
Fax: 775.688.1803
2. The Division may impose upon a seller of travel an administrative fine of not more than:
(a) For the first violation of subsection 1, $100; and
(b) For a second or subsequent violation of subsection 1, $250.
3. The Division shall deposit any money received pursuant to this section in the account established pursuant to section 6 of this act.
4. The provisions of NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive, of this act do not limit the authority of the Division to take disciplinary action against a seller of travel.
Sec. 10. 1. The Division shall:
(a) On or before February 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session, a statement of the condition of the account that is prepared in accordance with generally accepted accounting principles.
(b) Employ accountants as necessary for the performance of the duties set forth in this section and pay any related expenses from the money in the account. Except as otherwise provided in subsection 3, the expenditures made by the Division pursuant to this paragraph must not exceed $10,000 in any fiscal year.
(c) Employ or contract with persons and procure necessary equipment, supplies and services to be paid from or purchased with the money in the account as may be necessary to monitor or process claims filed by consumers that may result in a recovery from the account.
2. Any interest earned on the money in the account must be credited to the account. The Division may expend the interest earned on the money in the account to increase public awareness of the account. Except as otherwise provided in subsection 3, the expenditures made by the Division for this purpose must not exceed $50,000 in any fiscal year.
3. The total expenditures made by the Division pursuant to this section must not exceed 10 percent of the account in any fiscal year.
4. Once an initial balance of $200,000 exists in the account, the Division shall maintain a minimum balance of $200,000 in the account.
5. The Division shall adopt such regulations as are necessary to carry out the provisions of NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive, of this act, including, without limitation, regulations governing:
(a) The disbursement of money from the account; and
κ2003 Statutes of Nevada, Page 1824 (Chapter 325, AB 343)κ
(b) The manner in which a complaint is filed with the Division or its designee pursuant to the provisions of section 7 of this act.
Sec. 10.5. 1. Before advertising its services or conducting business in this state, a tour broker or tour operator must register with the Division by:
(a) Submitting to the Division an application for registration on a form prescribed by the Division;
(b) Paying to the Division a fee of $25; and
(c) If the tour broker or tour operator is subject to the provisions of NRS 598.495, depositing the security required by NRS 598.495 with the Division.
2. The Division shall issue a certificate of registration to the tour broker or tour operator upon receipt of:
(a) The security in the proper form as required by NRS 598.495, if the tour broker or tour operator is subject to the provisions of NRS 598.495; and
(b) The payment of the fee required by subsection 1.
3. A certificate of registration:
(a) Is not transferable or assignable; and
(b) Expires 1 year after it is issued.
4. A tour broker or tour operator must renew a certificate of registration issued pursuant to this section before the certificate expires by:
(a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division; and
(b) Paying to the Division a fee of $25.
Sec. 11. NRS 598.0999 is hereby amended to read as follows:
598.0999 1. A person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this state or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.
2. In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this state or the Attorney General bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorneys fees and costs.
3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second offense, is guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
κ2003 Statutes of Nevada, Page 1825 (Chapter 325, AB 343)κ
prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
5. If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305 to [598.395,] 598.365, inclusive, and sections 2 to 10, inclusive, of this act, 598.405 to 598.525, inclusive, and section 10.5 of this act, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:
(a) The suspension of the persons privilege to conduct business within this state; or
(b) If the defendant is a corporation, dissolution of the corporation.
The court may grant or deny the relief sought or may order other appropriate relief.
Sec. 12. NRS 598.305 is hereby amended to read as follows:
598.305 As used in NRS 598.305 to [598.395,] 598.365, inclusive, and sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS [598.315] 598.325 to 598.356, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 13. NRS 598.335 is hereby amended to read as follows:
598.335 Seller of travel means a person who offers for sale, directly or indirectly, transportation by air, land, rail or water, travel services, vacation certificates or any combination thereof, to a person or group of persons for a fee, commission or other valuable consideration. The term:
1. Includes any person who offers membership in a travel club or any services related to travel for an advance fee [or payment.] , payment or deposit.
2. Does not include:
(a) A person who:
(1) Contracts with a seller of travel to sell travel services or vacation certificates on behalf of the seller of travel;
(2) Receives compensation for selling the travel services or vacation certificates only from the seller of travel; and
(3) Requires the consumer who purchases the travel services or vacation certificates to pay for the travel services or vacation certificates by transmitting payment directly to the provider of the travel services or vacation certificates or the seller of travel;
(b) A hotel that provides or arranges travel services for its patrons or guests;
[(b)] (c) A person who, for compensation, transports persons or property by air, land, rail or water; [or
(c)] (d) A tour broker or tour operator who is subject to the provisions of NRS 598.405 to 598.525, inclusive [.] , and section 10.5 of this act; or
(e) A motor club as defined in NRS 696A.050.
Sec. 13.5. NRS 598.345 is hereby amended to read as follows:
598.345 Travel services includes, without limitation:
1. Short-term leases of passenger cars;
2. Lodging;
κ2003 Statutes of Nevada, Page 1826 (Chapter 325, AB 343)κ
3. Transfers;
4. Sightseeing tours other than sightseeing tours for which a tour broker or tour operator is regulated pursuant to NRS 598.405 to 598.525, inclusive [;] , and section 10.5 of this act; and
5. Any other services that are related to travel by air, land, rail or water , or any other method of transportation.
Sec. 14. NRS 598.365 is hereby amended to read as follows:
598.365 1. Before advertising its services or conducting business in this state, a seller of travel must register with the Division by:
(a) Submitting to the Division an application for registration on a form prescribed by the Division;
(b) Paying to the Division a fee of $25; and
(c) [Depositing the security required pursuant to NRS 598.375, if any, with the Division.] Paying to the Division a fee of $100 for deposit to the account established pursuant to section 6 of this act.
2. The Division shall issue a certificate of registration to the seller of travel upon receipt of [:
(a) The security in the proper form if the seller of travel is required to deposit security pursuant to NRS 598.375; and
(b) The] the payment of [the fee] any fees required by this section.
3. A certificate of registration:
(a) Is not transferable or assignable; and
(b) Expires 1 year after it is issued.
4. A seller of travel must renew a certificate of registration issued pursuant to this section before the certificate expires by:
(a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division; [and]
(b) Paying to the Division a fee of $25 [.] ; and
(c) Paying to the Division a fee of $100 for deposit to the account established pursuant to section 6 of this act.
5. The Division shall mail an application for the renewal of a certificate to the last known address of a seller of travel at least 30 days before the expiration of the certificate.
6. The provisions of this section do not require a person described in paragraph (a) of subsection 2 of NRS 598.335 to register with the Division.
Sec. 14.3. NRS 598.405 is hereby amended to read as follows:
598.405 As used in NRS 598.405 to 598.525, inclusive, and section 10.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.416 to 598.465, inclusive, have the meanings ascribed to them in those sections.
Sec. 14.7. NRS 598.525 is hereby amended to read as follows:
598.525 The Commissioner may adopt such regulations as the Commissioner determines are necessary to carry out the intent of NRS 598.405 to 598.525, inclusive [.] , and section 10.5 of this act.
Sec. 15. NRS 598.315, 598.375, 598.385 and 598.395 are hereby repealed.
Sec. 16. 1. Except as otherwise provided in subsections 2 and 3, the Consumer Affairs Division of the Department of Business and Industry shall return any security deposited with the Division by a seller of travel pursuant to NRS 598.365, as the provisions of that section existed before October 1, 2003.
κ2003 Statutes of Nevada, Page 1827 (Chapter 325, AB 343)κ
2. The Consumer Affairs Division of the Department of Business and Industry shall not return any security deposited with the Division by a seller of travel pursuant to NRS 598.365, as the provisions of that section existed before October 1, 2003, if:
(a) Before October 1, 2003, a consumer has brought an action to recover from the security pursuant to the provisions of NRS 598.385, as the provisions of that section existed before October 1, 2003; and
(b) The proceedings in connection with the action, including all appeals, have not terminated.
3. If, pursuant to the provisions of subsection 2, the Consumer Affairs Division of the Department of Business and Industry does not return the security deposited with the Division by a seller of travel pursuant to NRS 598.365, as the provisions of that section existed before October 1, 2003, the Division shall return the security to the seller of travel when all proceedings in connection with all actions, including all appeals, brought pursuant to the provisions of NRS 598.385 against the seller of travel have terminated.
4. If, before October 1, 2003, a consumer files an action to recover from the security of a seller of travel pursuant to the provisions of NRS 598.385, as the provisions of that section existed before October 1, 2003, the provisions of that section shall apply, for all purposes, to that action.
Sec. 17. 1. Notwithstanding the amendatory provisions of this act, a consumer who is eligible to recover from the account established pursuant to section 6 of this act may not file a complaint with the Consumer Affairs Division of the Department of Business and Industry sooner than January 1, 2004.
2. The statutes of limitations set forth in section 7 of this act are tolled for the period beginning on October 1, 2003, and ending on December 31, 2003.
Sec. 18. Notwithstanding the amendatory provisions of this act, until January 1, 2004, a tour broker or tour operator may advertise its services and conduct business in this state without possessing a certificate of registration issued by the Consumer Affairs Division of the Department of Business and Industry pursuant to section 10.5 of this act, unless the Division establishes an earlier date for compliance with the provisions of section 10.5 of this act.
Sec. 19. This act becomes effective:
1. Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On October 1, 2003, for all other purposes.
________
κ2003 Statutes of Nevada, Page 1828κ
Assembly Bill No. 304Assemblyman Manendo (by request)
CHAPTER 326
AN ACT relating to veterans cemeteries; revising the provisions governing financial support for veterans cemeteries; authorizing the use of the remainder of certain gifts of money and personal property donated for use at veterans cemeteries; and providing other matters properly relating thereto.
[Approved: June 2, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 417.220 is hereby amended to read as follows:
417.220 1. The Account for Veterans Affairs is hereby created in the State General Fund.
2. Money received by the Executive Director or the Deputy Executive Director from:
(a) Fees charged pursuant to NRS 417.210;
(b) Allowances for burial from the Department of Veterans Affairs [;] or other money provided by the Federal Government for the support of veterans cemeteries;
(c) Receipts from the sale of gifts and general merchandise; [and]
(d) Grants obtained by the Executive Director or the Deputy Executive Director for the support of veterans cemeteries; and
(e) Except as otherwise provided in subsection 6 and NRS 417.145 and 417.147, gifts of money and proceeds derived from the sale of gifts of personal property that he is authorized to accept, if the use of such gifts has not been restricted by the donor,
must be deposited with the State Treasurer for credit to the Account for Veterans Affairs and must be accounted for separately for a veterans cemetery in northern Nevada or a veterans cemetery in southern Nevada, whichever is appropriate.
3. The interest and income earned on the money deposited pursuant to subsection 2, after deducting any applicable charges, must be accounted for separately. Interest and income must not be computed on:
(a) Money appropriated from the State General Fund to the Account for Veterans Affairs.
(b) Fees charged pursuant to NRS 417.110 that are deposited in the Account for Veterans Affairs.
4. [Except as otherwise provided in subsection 6, the] The money deposited pursuant to subsection 2 may only be used for the operation and maintenance of the cemetery for which the money was collected.
5. Except as otherwise provided in subsection [6,] 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive but which are not appropriate for conversion to money may be used in kind.
6. The Gift Account for Veterans Cemeteries is hereby created in the State General Fund. [The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and for which the donor has restricted to one or more uses at a veterans cemetery, only in the manner designated by the donor.]
κ2003 Statutes of Nevada, Page 1829 (Chapter 326, AB 304)κ
accept and for which the donor has restricted to one or more uses at a veterans cemetery, only in the manner designated by the donor.] Gifts of money that the Executive Director or the Deputy Executive Director is authorized to accept and [for] which the donor has restricted to one or more uses at a veterans cemetery must be accounted for separately in the Gift Account for Veterans Cemeteries. The interest and income earned on the money deposited pursuant to this subsection must, after deducting any applicable charges, be accounted for separately for a veterans cemetery in northern Nevada or a veterans cemetery in southern Nevada, as applicable. Any money remaining in the Gift Account for Veterans Cemeteries at the end of each fiscal year does not revert to the State General Fund, but must be carried over into the next fiscal year.
7. The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and for which the donor has restricted to one or more uses at a veterans cemetery in the manner designated by the donor, except that if the original purpose of the gift has been fulfilled or the original purpose cannot be fulfilled for good cause, any money or personal property remaining in the gift may be used for other purposes at the veterans cemetery in northern Nevada or the veterans cemetery in southern Nevada, as appropriate.
Sec. 2. Subsection 7 of NRS 417.220 applies to gifts of money and of personal property donated:
1. On or after July 1, 2003; and
2. Before July 1, 2003, that are remaining after that date.
Sec. 3. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 553Committee on Ways and Means
CHAPTER 327
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 fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2004, and ending June 30, 2005; 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.
[Approved: June 3, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following sums are hereby appropriated from the State General Fund for the purposes expressed in sections 2 to 29, inclusive, of this act and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2004, and ending June 30, 2005.
κ2003 Statutes of Nevada, Page 1830 (Chapter 327, AB 553)κ
2003-2004 2004-2005
Sec. 2. The Office and Mansion of the Governor.
For the support of the:
Office of the Governor.......................... $2,120,304.... $2,133,167
Governors Mansion.................................... 275,544.......... 347,840
Governors Office of Consumer Health Assistance 456,308 382,952
High Level Nuclear Waste Project Office 980,112.......... 981,416
Sec. 3. The Office of Lieutenant Governor.
For the support of the:
Office of the Lieutenant Governor......... $496,040........ $512,210
Sec. 4. The Office of Attorney General.
For the support of the:
Attorney General Administration Account $10,596,700 $10,832,555
Special Litigation Account...................... 2,081,301............ 81,301
Medicaid Fraud Control Unit......................... 1,000............... 1,000
Crime Prevention Program......................... 201,514.......... 203,927
Office of the Extradition Coordinator..... 554,516.......... 550,845
Bureau of Consumer Protection............ 1,218,040....... 1,221,264
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........... $5,784,542.... $6,231,619
HAVA Election Reform.............................. 299,820....................... 0
Sec. 6. The Office of State Treasurer.
For the support of the Office of the
State Treasurer........................................ $1,440,255.... $1,458,169
Sec. 7. The Office of State Controller.
For the support of the Office of the
State Controller....................................... $3,894,681.... $3,937,896
Sec. 8. Department of Administration.
For the support of the:
Budget and planning............................. $2,813,633.... $2,949,933
Division of Internal Audits...................... 1,935,441....... 2,013,536
Clear Creek Youth Center............................ 62,002............ 62,339
State Public Works Board.......................... 822,423.......... 832,402
Technology Improvement Plan................ 901,816.......... 890,990
Merit Award Board.......................................... 5,000............... 5,000
Information Technology Projects......... 2,668,291....... 1,215,225
Sec. 9. Department of Taxation.
For the support of the
Department of Taxation.................... $16,087,285.. $16,692,636
Sec. 10. Legislative Fund.
For the support of the:
Legislative Commission........................... $747,961........ $523,826
Audit Division............................................ 3,113,199....... 3,136,991
Administrative Division........................... 8,361,439....... 7,110,890
Legal Division............................................ 5,113,270....... 5,579,935
κ2003 Statutes of Nevada, Page 1831 (Chapter 327, AB 553)κ
Research Division................................... $3,002,004.... $2,941,318
Fiscal Analysis Division........................... 2,799,018....... 2,480,598
Interim legislative operations..................... 475,115.......... 473,530
Sec. 11. Supreme Court of Nevada.
For the support of the:
Supreme Court of Nevada................... $4,494,410.... $5,241,966
Law Library............................................... 1,402,228....... 1,449,819
Commission on Judicial Selection................. 4,998............... 4,998
Division of Planning and Analysis............ 494,352.......... 500,414
Drug Courts................................................... 337,500....................... 0
Judicial Retirement System.................... 1,459,900....... 1,503,700
Sec. 12. Commission on Judicial Discipline.
For the support of the
Commission on Judicial Discipline......... $487,849........ $488,363
Sec. 13. District Judges Salaries and Judicial Pensions.
For the support of the
District Judges salaries....................... $11,524,036.. $11,661,641
Sec. 14. Commission on Economic Development.
For the support of:
Economic development........................ $3,212,539.... $3,511,322
Rural community development................ 202,615.......... 208,557
Small business and procurement outreach program 204,233 201,960
Sec. 15. Department of Education.
For the support of:
Education, state programs.................... $2,445,821.... $2,444,434
Occupational education............................. 356,104.......... 362,620
Teacher education and licensing....................... 100.................. 100
Nutrition education programs.................... 248,511.......... 254,008
Continuing education.................................. 465,072.......... 465,281
Individuals with Disabilities Education Act 192,410 192,410
Proficiency testing.................................... 4,135,680....... 4,295,105
Other state education programs............. 7,616,866....... 7,452,523
Education support services........................ 955,139.......... 977,490
Student Incentive Grants................................ 6,872............ 10,135
Commission on Postsecondary Education 254,178 254,526
Sec. 16. University and Community College System of Nevada.
For the support of:
System administration.......................... $3,510,855.... $3,601,301
University Press............................................ 727,196.......... 751,791
Statewide programsUNR.................... 6,534,330....... 6,761,328
Intercollegiate athleticsUNR.............. 2,552,299....... 2,636,149
Statewide ProgramsUNLV.................. 1,010,730....... 1,045,686
Intercollegiate athleticsUNLV............ 2,586,476....... 2,684,227
Agricultural Experiment Station............ 7,034,747....... 7,320,773
Cooperative Extension Services............ 6,731,689....... 7,066,031
Dental SchoolUNLV............................ 6,265,434....... 4,385,724
κ2003 Statutes of Nevada, Page 1832 (Chapter 327, AB 553)κ
System computing center................... $21,757,925.. $18,550,876
UNLV, William S. Boyd School of Law 6,456,711....... 6,732,816
Desert Research Institute........................ 5,260,568....... 5,299,873
National Direct Student Loan...................... 49,504............ 49,504
University of Nevada, Reno.............. 107,553,499.. 112,293,718
University of Nevada, School of Medicine 20,918,693 21,790,125
Bureau of Laboratory and Research.... 1,661,831....... 1,593,810
University of Nevada, Las Vegas..... 125,213,960.. 131,315,575
Community College of Southern Nevada 72,257,063 76,577,965
Western Nevada Community College 16,393,298.... 16,856,203
Truckee Meadows Community College 28,933,189 29,960,638
Great Basin College............................... 12,260,513.... 12,728,072
Business Center, North............................ 2,047,166....... 2,109,477
Business Center, South............................ 1,716,715....... 1,777,460
Nevada State College at Henderson..... 3,034,745....... 4,432,601
University systemspecial projects... 19,380,274.... 19,666,234
Sec. 17. Western Interstate Commission for Higher Education.
For the administrative support of Nevadas membership in the Western Interstate Commission for Higher Education.......................... $324,557........ $330,296
For the support of the Western Interstate Commission for Higher Education Loan Fund.................................................................. 869,107.......... 797,557
Sec. 18. Department of Cultural Affairs.
For the support of the:
Cultural Affairs administration............... $748,273........ $699,529
Museums and history.................................. 311,068.......... 312,078
Nevada Historical Society, Reno.............. 660,179.......... 659,661
Nevada State Museum, Carson City.... 1,349,763....... 1,380,962
Nevada Museum and Historical Society, Las Vegas 982,981 1,003,613
Lost City Museum....................................... 330,700.......... 340,281
State Railroad Museums......................... 1,227,109.......... 496,000
State Arts Council..................................... 1,473,194....... 1,475,576
Nevada State Library.............................. 3,463,350....... 3,507,991
Nevada State LibraryLiteracy.............. 135,280.......... 140,775
Archives and records................................... 640,783.......... 651,571
Office of Historic Preservation.................. 314,942.......... 306,508
Comstock Historic District......................... 103,898.......... 108,036
Sec. 19. Department of Human Resources.
For the support of the:
Department of Human Resources administration........ $891,287 $888,852
Indian Affairs Commission....................... 131,359.......... 133,879
Developmental Disabilities......................... 108,596.......... 108,561
κ2003 Statutes of Nevada, Page 1833 (Chapter 327, AB 553)κ
Community-Based Services................. $2,572,327.... $2,906,951
Grants Management Unit....................... 2,862,596....... 2,859,663
Fund for a Healthy Nevada....................... 685,135....... 2,128,180
Office of the State Public Defender...... 1,130,800....... 1,125,707
Division of Health Care Financing and Policy:
Nevada Medicaid................................ 309,994,739.. 323,521,782
Health Care Financing and Policy.. 1,787,965....... 1,818,670
Nevada Check-Up Program............. 9,079,718....... 9,633,520
Aging Services Division:
Aging Services Division..................... 2,941,193....... 3,002,643
Senior Services Program.................... 1,293,105....... 1,726,630
Senior citizens property tax assistance 3,623,044 4,197,507
EPS/Homemaker programs................... 66,507.......... 157,425
Division of Child and Family Services:
Juvenile justice programs..................... 707,605.......... 707,605
UNITY/SACWIS................................ 2,810,859....... 2,855,834
Children and family administration 6,729,770....... 6,871,462
Child Care Services............................... 273,701.......... 303,036
Nevada Youth Training Center....... 7,297,312....... 7,754,782
Caliente Youth Center....................... 5,624,714....... 6,031,929
Youth community services............... 9,127,477....... 9,049,788
Youth alternative placement........... 1,039,521....... 1,039,521
Youth parole services........................ 4,385,659....... 4,462,541
Northern Nevada child and adolescent services 2,074,367 2,162,036
Child Welfare Integration............... 29,544,135.... 31,986,727
Southern Nevada child and adolescent services 7,234,446 7,982,397
Juvenile correctional facility............ 3,597,991....... 4,771,541
Health Division:
Office of health administration.......... 589,085.......... 594,472
Alcohol and drug rehabilitation....... 3,149,189....... 3,168,810
Vital statistics......................................... 685,683.......... 700,371
Maternal child health services......... 1,278,193....... 1,283,727
Special Childrens Clinic................... 8,189,272....... 8,568,135
Community health services................. 252,516.......... 225,735
Consumer protection......................... 1,266,785....... 1,284,277
Radiological health............................... 263,938.................. 100
Sexually transmitted disease control 1,545,894 1,545,215
Communicable disease control........... 824,815.......... 825,030
Emergency medical services................ 757,041.......... 758,385
Immunization program..................... 1,497,777....... 1,557,492
Health aid to counties....................................... 0.................. 100
Division of Mental Health and Developmental Services:
Division administration..................... 2,302,527....... 2,328,910
κ2003 Statutes of Nevada, Page 1834 (Chapter 327, AB 553)κ
Mental health information system.. $422,955........ $422,722
Southern Nevada adult mental health services 39,330,129 44,624,326
Northern Nevada adult mental health services 19,420,431 20,949,266
Lakes Crossing Center....................... 5,522,274....... 5,574,740
Rural clinics......................................... 6,656,963....... 7,218,270
Desert Regional Center................... 23,911,426.... 27,866,635
Sierra Regional Center.................... 12,158,657.... 14,106,365
Rural Regional Center....................... 4,409,231....... 5,556,937
Family preservation program.............. 944,719....... 1,104,396
Welfare Division:
Welfare administration..................... 7,664,319....... 8,282,894
Welfare field services...................... 20,382,465.... 22,601,659
Assistance to aged and blind............ 6,304,261....... 6,565,400
Temporary Assistance for Needy Families 32,005,377 46,698,032
Child Assistance and Development 9,033,701....... 9,033,701
Sec. 20. Office of the Military.
For the support of the:
Nevada National Guard........................ $2,032,930 $2,071,547
National Guard benefits............................. 104,572 104,572
Sec. 21. Office of Veterans Services.
For the support of the:
Executive Director for veterans services $899,004 $897,406
Southern Nevada Veterans Home....... 2,871,261 2,885,810
Sec. 22. Department of Corrections.
For the support of the:
Office of the Director.......................... $11,862,833 $13,043,522
Medical care............................................ 26,752,246 27,599,450
Correctional Programs............................. 2,987,921 3,065,229
Southern Nevada Correctional Center..... 366,954 365,353
Southern Desert Correctional Center.. 16,419,226 16,605,521
Nevada State Prison.............................. 13,454,412 13,679,990
Northern Nevada Correctional Center 18,611,216 18,644,759
Warm Springs Correctional Center........ 6,343,810 6,474,105
Ely State Prison....................................... 22,004,982 22,825,287
Lovelock Correctional Center.............. 18,989,923 19,584,318
Southern Nevada Womens Correctional Facility 8,556,348 9,224,405
Stewart Conservation Camp.................. 1,358,187 1,342,476
Ely Conservation Camp.......................... 1,058,205 1,095,526
Humboldt Conservation Camp................ 997,036 1,031,581
Indian Springs Conservation Camp...... 1,833,574 1,852,991
Jean Conservation Camp....................... 1,318,608 1,347,132
Pioche Conservation Camp.................... 1,327,112 1,353,715
κ2003 Statutes of Nevada, Page 1835 (Chapter 327, AB 553)κ
Carlin Conservation Camp.................. $1,053,002 $1,072,498
Wells Conservation Camp......................... 999,974 1,046,566
Silver Springs Conservation Camp........ 1,095,350 1,112,111
Tonopah Conservation Camp............... 1,006,767 999,159
Northern Nevada Restitution Center........ 476,667 462,005
High Desert State Prison........................ 22,582,740 24,893,424
Sec. 23. Department of Business and Industry.
For the support of the:
Business and Industry administration... $187,616 $190,611
Division of Financial Institutions.............. 361,029 4,429
Consumer Affairs Division..................... 1,332,594 1,324,063
Real Estate Administration..................... 1,147,250 1,212,070
Division of Insurance............................... 2,907,906 2,904,709
Employee-Management Relations Board 161,892 162,359
Office of Labor Commissioner.............. 1,330,977 1,357,459
Nevada Athletic Commission.................... 361,492 364,132
Sec. 24. State Department of Agriculture.
For the support of the:
Agriculture administration....................... $381,727 $389,243
Plant industry program............................ 1,456,301 1,477,625
Veterinary medical services....................... 949,654 865,756
Weights and measures program................ 271,960 275,674
Junior Livestock Show Board...................... 34,991 35,067
State Predatory Animal and Rodent Committee 712,042 731,546
Sec. 25. State Department of Conservation and Natural Resources.
For the support of the:
Conservation and Natural Resources administration $910,037 $897,124
Division of State Parks............................ 5,378,709 4,450,557
Nevada Tahoe regional planning...................... 474 474
Nevada natural heritage............................... 84,363 84,188
Division of Forestry.................................. 3,737,073 3,808,236
Forest fire suppression/emergency response 1,000,000 1,000,000
Forestry honor camps.............................. 5,586,996 5,714,923
Tahoe Regional Planning Agency......... 1,374,372 1,376,286
Water Quality Planning............................... 359,358 359,469
Division of Water Resources.................. 4,603,710 4,677,258
Division of State Lands........................... 1,107,898 1,127,783
Division of Conservation Districts............ 340,731 348,156
Division of Wildlife...................................... 676,421 675,509
Sec. 26. Department of Employment, Training and Rehabilitation.
For the support of:
Nevada Equal Rights Commission..... $1,116,530 $1,148,296
Bureau of Vocational Rehabilitation... 2,614,922 2,616,493
κ2003 Statutes of Nevada, Page 1836 (Chapter 327, AB 553)κ
Bureau of Services to the Blind and Visually Impaired $980,387 $1,022,490
Office of Disability Employment Policy.... 19,196 19,214
Sec. 27. Department of Motor Vehicles.
For the support of the Division of Field Services $22,983 $22,983
Sec. 28. Department of Public Safety.
For the support of the:
Training Division.......................................... $86,061 $89,295
Justice grant.................................................. 126,379 130,119
Highway Patrol (dignitary protection)........ 36,388 36,388
Dignitary protection..................................... 675,226 694,871
Investigation Division.............................. 5,228,976 5,276,335
Division of Emergency Management...... 612,759 619,360
Parole Board.............................................. 1,250,162 1,230,103
Division of Parole and Probation........ 30,931,155 31,720,691
Criminal History Repository.............................. 100 100
State Fire Marshal........................................ 620,082 925,242
Sec. 29. Commission on Ethics.
For the support of the
Commission on Ethics.............................. $126,170 $127,073
Sec. 30. The following sums are hereby appropriated from the State Highway Fund for the purposes expressed in this section for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2004, and ending June 30, 2005:
Department of Motor Vehicles:
Directors Office..................................... $3,294,712 $5,381,009
Administrative Services........................... 3,053,095 2,408,535
Hearings Office............................................ 958,244 969,006
Automation............................................... 4,112,507 3,640,346
Field services........................................... 19,691,475 22,274,705
Compliance enforcement....................... 2,749,169 2,820,979
Central services......................................... 5,737,939 5,490,687
Management services.............................. 2,045,201 2,033,733
Motor carrier.............................................. 2,753,248 2,797,707
Department of Public Safety:
Training Division.......................................... 850,858 881,080
Highway Patrol....................................... 52,540,424 53,776,034
Highway safety plan & administration... 173,093 177,064
Division of Investigations........................... 269,542 273,474
State Emergency Response Commission 282,156 283,952
Department of Business and Industry:
Transportation Services Authority........ 2,187,419 2,136,959
Department of Administration:
Information Technology Projects......... 4,579,865 2,246,825
Legislative Fund, Legislative Commission......... 7,500 7,500
κ2003 Statutes of Nevada, Page 1837 (Chapter 327, AB 553)κ
Sec. 31. 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, 2003-2004 and 2004-2005, 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.
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. 32. The sums appropriated to:
1. Senior citizens property tax assistance;
2. Individuals with Disabilities;
3. Forest fire suppression/emergency response;
4. National Guard benefits;
5. Communicable disease control;
6. Maternal child health services;
7. Immunization program;
8. Welfare administration;
9. Welfare field services;
10. Temporary assistance for needy families (TANF);
11. Assistance to aged and blind;
12. Child Assistance and Development;
13. Nevada Medicaid;
14. Division of Health Care Financing and Policy;
15. Nevada Check-Up Program;
16. Youth community services;
17. Attorney Generals special litigation account;
18. Attorney Generals Medicaid Fraud Control Unit;
19. Attorney Generals extradition coordinator;
20. Commission on Ethics;
21. Veterans Home Account;
22. Child Welfare Integration;
23. Secretary of State HAVA Election Reform; and
24. Information Technology Projects,
are available for both Fiscal Years 2003-2004 and 2004-2005, 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. 33. Amounts appropriated pursuant to sections 14 and 15 of this act to finance specific programs as outlined in this section are available for both Fiscal Years 2003-2004 and 2004-2005 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:
κ2003 Statutes of Nevada, Page 1838 (Chapter 327, AB 553)κ
1. Of the amounts appropriated to the Commission on Economic Development pursuant to section 14 of this act, a total of $500,000 in both Fiscal Year 2003-2004 and Fiscal Year 2004-2005 to support the Train Employees Now Program.
2. Of the amount appropriated to the Department of Education, other state education programs, pursuant to section 15 of this act:
(a) A total of $49,803 in Fiscal Year 2003-2004 for Peer Mediation Programs;
(b) A total of $51,429 in both Fiscal Year 2003-2004 and Fiscal Year 2004-2005 for successful completion of the National Board Teacher Certification Program;
(c) A total of $5,000,000 in both Fiscal Year 2003-2004 and Fiscal Year 2004-2005 for new teacher signing bonuses; and
(d) A total of $850,000 in Fiscal Year 2003-2004 and $750,000 in Fiscal Year 2004-2005 for the technology components of the System for Accountability Information in Nevada (SAIN).
3. Of the amounts appropriated to the Department of Education, proficiency testing, pursuant to section 15 of this act:
(a) A total of $515,058 in Fiscal Year 2003-2004 and $599,852 in Fiscal Year 2004-2005 for the state norm-referenced examination.
(b) A total of $1,400,000 in Fiscal Year 2003-2004 and $1,456,000 in Fiscal Year 2004-2005 for the high school proficiency examination.
(c) A total of $1,360,731 in both Fiscal Year 2003-2004 and Fiscal Year 2004-2005 for the criterion-referenced examinations.
(d) A total of $343,520 in Fiscal Year 2003-2004 and $360,414 in Fiscal Year 2004-2005 for the state writing proficiency examinations.
Sec. 34. 1. The sums appropriated to the Legislative Fund by section 10 of this act for the support of the Legislative Commission, the various divisions of the Legislative Counsel Bureau and Interim Legislative Operations are available for both Fiscal Years 2003-2004 and 2004-2005, and may be transferred among the Legislative Commission, the various 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. The provisions of chapter 338 of NRS do not apply to projects undertaken pursuant to those appropriations.
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. 35. Except as otherwise provided in this section, the total amounts appropriated in section 19 of this act to each of the accounts of the Division of Health Care Financing and Policy and the Welfare Division enumerated in section 32 of this act, except for the amounts appropriated for the health care financing and policy account, the assistance to the aged and blind program, the welfare administration account, 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 2004-2005 in the event that federal financial participation rates are less than legislatively approved effective on October 1, 2004;
κ2003 Statutes of Nevada, Page 1839 (Chapter 327, AB 553)κ
2. Costs related to additional services mandated by the Federal Government on or after October 1, 2003, and not specifically funded in the Nevada Medicaid account in Fiscal Years 2003-2004 and 2004-2005; or
3. Increased state costs in Fiscal Year 2003-2004 and Fiscal Year 2004-2005 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. 36. The sums appropriated to the Welfare Division by section 19 of this act may be transferred among the various budget accounts of the Welfare Division with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 37. 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. 38. 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.
Sec. 39. Of the amounts appropriated to the Department of Public Safety by sections 28 and 30 of this act, amounts appropriated to the various budget accounts enumerated in those sections for the support of payment to the Public Safety Information Services Section may be transferred among the various budgets of the Department of Public Safety as enumerated in sections 28 and 30 of this act for the support of payment to the Public Safety Information Services Section with the approval of the Interim Finance Committee upon the recommendation of the Governor. The amount transferred between accounts is limited to the total amount appropriated in the accounts for the support of payment to the Public Safety Information Services Section.
Sec. 40. Of the amounts appropriated from the State Highway Fund to the Department of Motor Vehicles, Directors Office, pursuant to section 30 of this act:
1. A total of $50,000 in Fiscal Year 2003-2004 for the continuation of kiosk technology; and
2. A total of $2,000,000 in Fiscal Year 2004-2005 for the expansion of kiosk technology,
may be transferred from one fiscal year to another with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 41. 1. There is hereby appropriated $1,290,113 from the State Highway Fund to the Nevada Highway Patrol Division to be expended for furniture, equipment, telephone system and data drop lines for the new Highway Patrol building in Las Vegas (99-H1).
2. Any remaining balance appropriated by subsection 1 must not be committed for expenditure after June 30, 2005, and reverts to the State Highway Fund as soon as payments of money committed have been made.
Sec. 42. 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.
κ2003 Statutes of Nevada, Page 1840 (Chapter 327, AB 553)κ
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. 43. In addition to the requirements of NRS 353.225, for the Fiscal Years 2003-2004 and 2004-2005, the Board of Regents of the University and Community College System 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. 44. 1. Of the sums appropriated by section 16 of this act, any amounts utilized to match research grants in the University and Community College System of Nevada, Special Projects account, which are not committed for expenditure by June 30 of each fiscal year 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 16 of this act other than the sums designated in subsection 1 to support Special Projects research is subject to the provisions of section 48 of this act.
Sec. 45. There is hereby appropriated $98,711 from the State General Fund to the Public Employees Retirement Board to be expended for the administration of the Legislators Retirement System for the period from July 1, 2003, through June 30, 2005.
Sec. 46. Section 9 of chapter 453, Statutes of Nevada 2001, at page 2286, is hereby amended to read as follows:
Sec. 9. The State Treasurer shall transfer any balance remaining unexpended on June 30, 2001, in the account for the office of science, engineering and technology to the account for the office of science, innovation and technology which is created by section 6 of this act. Any remaining balance of the appropriation made by section 7 of chapter 544, Statues of Nevada 1999, must not be committed for expenditure after June 30, 2003, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 47. The appropriations made to the Tahoe Regional Planning Agency in section 25 of this act are available contingent upon the State of California providing its two-thirds share of funding.
Sec. 48. 1. Except as otherwise provided in sections 44 and 60 of this act, unencumbered balances of the appropriations made in this act for the Fiscal Years 2003-2004 and 2004-2005 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2, unencumbered balances of these appropriations revert to the fund from which appropriated.
2. Any encumbered balance of the appropriations made to the Legislative Fund by section 10 of this act does not revert to the State General Fund but constitutes a balance carried forward.
Sec. 49. 1. There is hereby appropriated from the State General Fund the sum of $2,163,960 to the Interim Finance Committee for allocation to the Department of Corrections for the fiscal year beginning July 1, 2004, and ending June 30, 2005, for staffing and operation of a transition housing facility.
2. Money appropriated pursuant to subsection 1 may only be allocated for staffing and operation of a transition housing facility upon submittal of a comprehensive transition housing plan by the Department and upon approval of the State Board of Examiners and the Interim Finance Committee or for inmate housing expenses if a comprehensive transition housing plan is not submitted by the Department or not approved by the State Board of Examiners and the Interim Finance Committee.
κ2003 Statutes of Nevada, Page 1841 (Chapter 327, AB 553)κ
inmate housing expenses if a comprehensive transition housing plan is not submitted by the Department or not approved by the State Board of Examiners and the Interim Finance Committee.
3. Any remaining balance of the sum appropriated by subsection 1 must not be allocated by the Interim Finance Committee after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 50. The State Controller shall provide for the payment of claims legally obligated in each fiscal year 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. 51. 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. 52. 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. 53. There is hereby appropriated from the State General Fund to the Legislative Fund, created pursuant to NRS 218.085, the sum of $1,600,000.
Sec. 54. 1. If the Attorney General determines that delays in the receipt of recovery revenue for the Medicaid Fraud Control Unit will result in insufficient revenues to pay authorized expenditures, he may submit a request for a temporary advance from the State General Fund to the Director of the Department of Administration to pay authorized expenditures to support the operations of the Unit.
2. The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau if he approves a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of such a notification.
3. An advance from the State General Fund approved by the Director of the Department of Administration as authorized pursuant to this section is limited to the total estimated amounts due from outstanding billings for recoveries and must not exceed the total authorized recoveries in the appropriate fiscal year.
4. Any money which is temporarily advanced from the State General Fund to the Medicaid Fraud Control Unit 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. 55. 1. If the Executive Director for Veterans Services determines that delays in the receipt of federal reimbursement for services provided by the Veterans Home in Southern Nevada will result in insufficient revenues to pay authorized expenditures, he may submit a request for a temporary advance from the State General Fund to the Director of the Department of Administration to pay authorized expenditures to support operational costs of the Veterans Home.
κ2003 Statutes of Nevada, Page 1842 (Chapter 327, AB 553)κ
insufficient revenues to pay authorized expenditures, he may submit a request for a temporary advance from the State General Fund to the Director of the Department of Administration to pay authorized expenditures to support operational costs of the Veterans Home.
2. The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau if he approves a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of such a notification.
3. An advance for the State General Fund approved by the Director of the Department of Administration as authorized pursuant to this section is limited to the total estimated reimbursement due from the Federal Government for operational costs incurred by the Veterans Home in Southern Nevada.
4. Any money which is temporarily advanced from the State General Fund to the Veterans Home in Southern Nevada 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. 56. 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 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 notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau if he approves a request made pursuant to subsection 1. The State Controller shall draw his 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/emergency response 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/emergency response 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. 57. 1. If the Governor orders the Nevada National Guard into active duty as described in NRS 412.122 for an emergency as described in 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.
κ2003 Statutes of Nevada, Page 1843 (Chapter 327, AB 553)κ
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 notify the State Controller and 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 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 under NRS 353.263.
Sec. 58. 1. If projections of the ending balance of the State General Fund fall below the amount estimated by the 2003 Legislature for Fiscal Year 2003-2004 or 2004-2005, 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 $60,000,000 for Fiscal Year 2003-2004 or 2004-2005, 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.
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. 59. 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. 60. 1. Of the sums appropriated to the State Arts Council by section 18 of this act, the following amounts must be used to support the Challenge Grant Program:
For the Fiscal Year 2003-2004....................................................... $73,046
For the Fiscal Year 2004-2005....................................................... $73,046
2. Any amounts provided to support the Challenge Grant Program as provided by this section which are not committed for expenditure by June 30 of each fiscal year may be carried forward for a maximum of 2 fiscal years after which time any unexpended amounts revert to the State General Fund.
κ2003 Statutes of Nevada, Page 1844 (Chapter 327, AB 553)κ
after which time any unexpended amounts revert to the State General Fund. If a challenge grant project is completed in less than 3 fiscal years, any unexpended money must not be reallocated and reverts to the State General Fund at the close of the fiscal year.
3. All money appropriated by section 18 of this act other than the sums designated in subsection 1 to support the Challenge Grant Program is subject to the provisions of section 48 of this act.
Sec. 61. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $12,500,000 in Fiscal Year 2003-2004 and $20,000,000 in Fiscal Year 2004-2005 for information technology and additional operational costs that may be required by the Department of Taxation or other state agency to implement or modify the collections of State General Fund revenues approved by the 72nd Session of the Nevada Legislature.
2. If the Department of Taxation or other state agency determines that additional resources are necessary for information technology or additional operational costs related to subsection 1 the State Board of Examiners shall consider the request and recommend the amount of the allocation, if any, to the Interim Finance Committee.
3. The Interim Finance Committee is not required to approve the entire amount of an allocation recommended pursuant to subsection 2 or to allocate the entire amount appropriated in subsection 1.
4. The sums appropriated by subsection 1 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 62. 1. This section and section 53 of this act become effective upon passage and approval.
2. Sections 1 to 52, inclusive, and 54 to 61, inclusive, of this act become effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 1845κ
Senate Bill No. 504Committee on Finance
CHAPTER 328
AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 2003, and ending June 30, 2004, and beginning July 1, 2004, and ending June 30, 2005; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; transferring the State Printing Division of the Department of Administration to the Legislative Counsel Bureau; and providing other matters properly relating thereto.
[Approved: June 4, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2004, and ending June 30, 2005, by the various officers, departments, boards, agencies, commissions and institutions of the state government mentioned in this act:
2003-2004 2004-2005
Office of the Governor
Office of the Governor........................................... $46,938 $0
Washington office................................................... 267,079 267,079
Agency for Nuclear Projects............................... 3,100,000 3,100,000
Governors Office of Consumer Health Assistance 454,497 461,955
Energy Conservation.............................................. 674,281 580,516
Attorney General
Attorney General Administration Account...... 9,490,020 9,393,045
Crime Prevention Program....................................... 29,051 29,051
Tort claim fund..................................................... 5,942,203 6,275,207
Fraud Control Unit for Industrial Insurance...................... 2,589,542 2,480,899
Medicaid Fraud Control Unit............................. 1,769,244 1,598,588
Insurance Fraud Control Unit............................ 1,070,216 1,202,643
Office of the Extradition Coordinator................. 107,924 113,320
Bureau of Consumer Protection........................ 3,096,112 3,045,242
Advisory Council for Prosecuting Attorneys..................... 129,966 126,035
Victims of Domestic Violence............................ 2,232,006 2,002,922
Secretary of State....................................................... 3,400,347 3,545,550
Secretary of State, HAVA Election Reform........ 10,700,000 3,592,283
Commission on Ethics.................................................. 235,523 234,983
State Treasurer............................................................... 383,963 387,525
Unclaimed Property................................................ 794,581 814,530
Higher Education Tuition Administration........... 667,896 677,500
κ2003 Statutes of Nevada, Page 1846 (Chapter 328, SB 504)κ
Millennium Scholarship Administration........... $354,375 $325,732
Municipal bond bank revenue........................ 82,277,041 87,505,307
Municipal bond bank debt service................. 83,441,702 88,668,860
Nevada College Savings Trust.............................. 293,338 293,854
Legislative Fund
Legislative Counsel Bureau................................ 1,089,709 327,116
Judicial Branch
Administrative Office of the Courts................. 1,700,273 1,786,295
Supreme Court...................................................... 5,206,499 5,206,499
Supreme Court Rural Drug Court...................... 2,509,317 3,345,755
Uniform system for judicial records................. 1,307,920 1,526,821
Supreme Court Law Library...................................... 6,047 6,047
Retired justice duty fund........................................ 601,822 623,986
Judicial education.................................................... 897,874 1,061,773
District judges travel.............................................. 300,363 301,755
Department of Administration
Administrative Services Division....................... 1,672,095 1,691,629
Budget Division........................................................ 271,434 300,789
Insurance and Loss Prevention....................... 23,418,403 21,660,239
Fund for hospital care to indigent persons....... 6,438,391 7,018,027
Supplemental account for medical assistance to indigent persons 12,983,897 10,734,474
Mail room.............................................................. 7,181,000 7,205,695
Mail services equipment.................................. 248,660 346,995
State Printing Office............................................. 3,435,567 3,535,352
Printing office equipment................................ 124,903 77,084
State Public Works Board inspection account 4,621,935 4,784,712
Buildings and Grounds Division...................... 15,777,736 16,330,980
Clear Creek Youth Center...................................... 173,069 174,157
Marlette Lake Water System................................ 390,431 400,315
Motor Pool Division............................................. 3,917,444 4,129,534
Motor pool vehicle purchase....................... 1,923,677 1,737,060
Purchasing Division.............................................. 2,695,509 2,597,380
Purchasing equipment purchase........................... 107,165 130,923
Commodity food program................................. 6,633,101 6,719,467
Hearings Division................................................. 4,159,969 4,159,397
Fund for compensation of victims of crime.......... 6,009,776 6,082,392
Deferred Compensation Committee............................ 67,288 76,486
Information Technology Projects............................... 427,224 255,627
Department of Personnel........................................ 10,647,081 10,804,558
Unemployment compensation account.......... 1,532,236 1,688,198
Commission on Tourism
Division of Tourism........................................... 13,355,362 14,078,221
Nevada Magazine................................................ 2,563,145 2,733,676
Commission on Economic Development
Commission on Economic Development........... 465,000 165,000
Nevada film office.................................................. 849,401 860,966
Rural community development........................ 3,261,000 3,261,000
Procurement outreach............................................ 305,000 306,000
Department of Taxation.............................................. 806,989 808,553Department of Information Technology
κ2003 Statutes of Nevada, Page 1847 (Chapter 328, SB 504)κ
Department of Information Technology
Directors Office................................................. $2,509,580 $2,485,512
Applications, Design and Development Division 6,544,718 6,684,413
Computing Division........................................... 17,181,077 16,861,779
Data Communications and Technical Services Division 4,895,624 5,051,066
Planning and Research Unit............................... 1,811,966 1,820,746
Telecommunications Unit.................................. 5,501,861 4,583,905
Communications Unit......................................... 2,239,088 2,106,818
Department of Education
Education, state programs..................................... 166,847 138,653
Discretionary grants - Unrestricted.................... 2,859,517 2,859,517
Improve Americas Schools Title I................. 54,057,667 53,988,780
Improve Americas Schools Titles VI & II.... 24,340,022 24,340,022
Individuals with Disabilities Education Act.. 52,824,112 52,824,201
Education support services................................. 1,505,760 1,722,050
NDE, Staffing services............................................ 422,358 431,334
Occupational education...................................... 7,927,205 7,927,205
Nutrition education............................................ 52,044,375 55,918,492
Continuing education.......................................... 4,155,753 4,155,753
Drug abuse education.......................................... 2,219,967 2,219,967
Discretionary grants - Restricted........................ 9,333,638 9,306,476
Teacher education and licensing....................... 1,121,794 1,206,735
School health educationAIDS.......................... 227,814 219,648
Other state education programs................................ 7,450 7,450
Student incentive grants......................................... 526,660 526,664
Gear-Up.................................................................. 1,164,208 1,225,180
Commission on Postsecondary Education.................. 96,609 96,426
University and Community College System of Nevada
System administration............................................ 111,460 111,460
Agricultural experiment station......................... 1,242,371 1,242,371
Cooperative extension services......................... 1,741,397 1,759,232
University of Nevada, Reno............................ 38,040,364 41,302,377
School of Medical Sciences................................ 2,173,278 2,193,544
State health laboratory........................................... 650,656 670,176
University of Nevada, Las Vegas................... 57,326,053 62,614,883
Law school............................................................ 2,460,184 2,464,984
Dental school........................................................ 2,212,581 3,190,335
Community College of Southern Nevada..... 23,229,863 25,367,869
Western Nevada Community College.............. 2,478,244 2,562,614
Truckee Meadows Community College.......... 7,164,522 7,630,554
Great Basin College............................................. 1,517,644 1,565,403
Nevada State College at Henderson.................... 392,035 664,893
Desert Research Institute....................................... 148,486 148,486
W.I.C.H.E. Loan Fund.................................................. 591,993 592,793
Department of Cultural Affairs
Cultural Affairs administration............................... 18,440 18,740
State Railroad Museums........................................ 241,973 994,442
κ2003 Statutes of Nevada, Page 1848 (Chapter 328, SB 504)κ
Lost City Museum................................................... $73,136 $74,937
Nevada Museum and Historical Society, Las Vegas 35,745 37,185
Nevada State Museum, Carson City................... 325,016 330,202
Nevada Historical Society, Reno............................ 57,446 60,000
Office of Historic Preservation.............................. 602,788 595,183
State Arts Council.................................................... 551,591 801,591
Nevada State Library.......................................... 1,026,399 1,029,719
Literacy program....................................................... 84,150 84,150
Archives and records................................................... 6,446 6,446
Records management and micrographics.......... 710,871 721,000
Central libraries automated network................... 429,957 436,460
Department of Human Resources
State Public Defender.......................................... 1,112,036 1,107,133
Indian Affairs Commission..................................... 10,000 0
DHR administration............................................ 2,023,297 2,085,315
Developmental Disabilities.................................... 446,374 446,374
HR, Grants Management Unit........................ 28,194,390 27,621,238
DHR, Blue Cross Blue Shield Settlement............ 300,000 225,000
Community Based Services............................... 3,940,993 3,075,358
Fund for a Healthy Nevada............................. 16,984,163 16,977,184
Division of Health Care Financing and Policy
Health Care Financing and Policy.................... 4,646,736 4,555,989
Intergovernmental transfer account.............. 75,367,698 80,334,362
Nevada Medicaid............................................. 663,801,202 733,033,652
Nevada Check-Up Program............................. 21,883,794 24,605,246
Aging Services Division
Aging services grants............................................ 6,811,113 5,953,313
Senior Services Program...................................... 8,603,108 9,295,790
EPS/Homemaker programs............................... 2,846,109 2,815,130
Aging Older Americans Act................................ 9,718,863 9,967,985
Senior Citizens Property Tax Assistance............ 810,000 278,812
Division of Child and Family Services
Child and family administration..................... 11,445,825 11,514,569
Child Welfare Integration................................. 20,079,208 21,085,605
Northern Nevada child and adolescent services 4,020,957 4,045,140
Southern Nevada child and adolescent services 10,676,500 9,954,882
Child care services................................................... 820,320 825,341
Youth alternative placement............................. 1,600,871 1,658,410
UNITY/SACWIS.................................................. 2,487,239 2,528,501
Nevada Youth Training Center ............................ 387,861 387,861
Youth parole services................................................ 20,359 20,359
Caliente Youth Center ........................................... 278,221 278,221
Youth community services.............................. 15,911,715 16,913,548
Victims of domestic violence............................. 4,025,348 3,602,552
Child abuse and neglect......................................... 349,287 349,287
Juvenile justice programs.................................... 1,732,660 1,732,626
Child welfare trust................................................... 287,211 326,123
Transition from foster care................................. 1,108,000 1,162,000
Juvenile Correctional Facility................................ 340,654 434,748
κ2003 Statutes of Nevada, Page 1849 (Chapter 328, SB 504)κ
Juvenile Accountability Block Grant............. $2,024,100 $2,024,100
Health Division
Health Administration......................................... 2,669,209 2,710,349
Environmental Public Health Tracking System 518,566 518,566
Public health tobacco fund.................................... 538,872 657,986
Health alert network.......................................... 10,733,771 10,732,510
Vital statistics........................................................... 501,622 501,622
Health Facilities Hospital Licensing.................. 5,481,368 5,771,634
Womens, infants and childrens food supplement program 35,131,207 35,143,109
Maternal child health services........................... 3,729,638 3,742,797
Special Childrens Clinic..................................... 4,426,718 4,496,630
Community health services................................ 3,342,868 3,354,495
Emergency medical services.................................... 39,268 62,972
State and Community Collaborations............. 3,255,013 3,262,316
Sexually transmitted disease control................ 9,625,075 9,652,226
Immunization program....................................... 3,472,620 3,531,243
Consumer health protection............................... 2,229,917 2,033,054
Radiological health................................................. 863,352 1,118,846
Communicable disease control......................... 4,486,948 4,514,063
Cancer control registry........................................ 1,254,758 1,253,584
Radioactive and hazardous waste................. 12,082,989 12,293,838
Alcoholism and drug rehabilitation................ 17,048,557 16,848,751
Alcohol tax program............................................ 1,057,932 988,000
Division of Mental Health and Developmental Services
Division Administration.......................................... 594,320 597,771
Northern Nevada adult mental health services 4,041,089 4,254,380
Lakes Crossing Center............................................ 101,566 101,267
Rural clinics........................................................... 3,769,252 3,994,184
Southern Nevada adult mental health services 12,545,376 13,159,821
Southern MH/DS food service........................... 1,289,960 1,301,062
Desert Regional Center..................................... 21,554,510 25,624,316
Sierra Regional Center......................................... 9,859,109 11,670,558
Rural Regional Center......................................... 3,624,619 4,417,552
Mental health information system....................... 177,949 102,898
Welfare Division
Welfare Administration.................................... 16,849,753 17,275,023
Temporary Assistance for Needy Families... 32,280,392 23,880,936
Welfare field services........................................ 34,259,569 34,498,077
Child support enforcement................................. 9,205,030 9,986,972
Child support federal reimbursement............. 21,909,410 23,808,907
Child Assistance and Development................ 25,325,627 25,324,198
Energy assistance............................................... 13,436,684 12,586,346
Office of the Military................................................. 4,262,760 4,329,180
Adjutant Generals construction fund................... 38,995 38,798
Office of Veterans Services
Executive Director for veterans services............ 611,216 622,243
Southern Nevada Veterans Home................... 6,866,864 8,997,201Department of Corrections
κ2003 Statutes of Nevada, Page 1850 (Chapter 328, SB 504)κ
Department of Corrections
Office of the Director............................................ $889,487 $115,617
Medical care.......................................................... 1,295,448 1,334,573
Correctional Programs......................................... 1,198,130 1,227,340
Prison industries.................................................... 7,469,831 7,449,719
Nevada State Prison.................................................. 76,185 76,719
Northern Nevada Correctional Center................. 317,463 320,235
Ely State Prison.......................................................... 60,530 60,926
Southern Desert Correctional Center................... 217,840 193,242
Warm Springs Correctional Center......................... 24,906 24,906
Southern Nevada Womens Correctional Facility 138,054 140,800
Lovelock Correctional Center............................... 110,452 111,474
Offenders store fund........................................ 12,585,125 12,627,438
Pioche Conservation Camp..................................... 31,665 31,802
Indian Springs Conservation Camp....................... 18,573 18,573
Wells Conservation Camp....................................... 19,748 19,748
Humboldt Conservation Camp.............................. 23,409 23,409
Ely Conservation Camp........................................... 17,954 17,954
Inmate welfare account...................................... 3,908,308 3,795,883
Tonopah Conservation Camp................................ 13,936 13,936
Jean Conservation Camp......................................... 28,204 28,204
Stewart Conservation Camp................................... 83,632 83,632
Carlin Conservation Camp...................................... 26,153 26,153
High Desert State Prison...................................... 4,211,988 2,440,869
Silver Springs Conservation Camp......................... 10,865 10,865
Northern Nevada Restitution Center................... 457,373 457,373
Prison dairy............................................................ 1,469,440 1,614,416
Department of Business and Industry
Business and Industry administration................. 829,031 844,528
Industrial development revenue bond program 1,194,181 1,276,425
Consumer Affairs Division....................................... 13,500 13,500
Division of Insurance.......................................... 2,658,974 2,741,600
Cost stabilization............................................... 251,269 223,862
National Association of Insurance Commissioners 63,436 65,123
Captive insurers................................................. 109,506 136,900
Self-insuranceWorkers compensation 506,438 514,738
Insurance examiners..................................... 3,187,438 3,123,236
Insurance recovery account............................ 455,170 455,170
Insurance education and research................. 754,132 711,453
Taxicab Authority................................................ 5,151,895 5,378,217
Transportation Services Authority....................... 646,880 697,802
Administrative fines.......................................... 424,681 361,789
Manufactured Housing Division....................... 1,256,205 1,293,278
Mobile home parks........................................... 382,025 381,586
Manufactured housing education and recovery 544,874 504,447
Lot rent subsidy program................................. 424,725 417,679
κ2003 Statutes of Nevada, Page 1851 (Chapter 328, SB 504)κ
Division of Financial Institutions.................... $4,576,417 $4,557,104
Financial institutions audit program.............. 100,576 91,848
Financial institutions investigations............ 1,327,353 1,607,665
Division of Industrial Relations......................... 6,404,178 6,460,704
Enforcement for industrial safety............... 6,149,900 6,256,243
Safety consultation and training................. 2,141,599 2,170,508
Mine safety and training.............................. 1,161,123 1,166,413
Real Estate Division............................................. 1,629,041 1,620,801
Real estate education and research............... 829,946 686,577
Real estate recovery......................................... 470,920 507,024
Common-interest communities................... 2,407,057 2,493,597
Housing Division.................................................. 9,788,015 10,041,535
Weatherization program............................... 4,749,390 6,429,781
Low-income housing trust fund................ 14,217,333 14,663,146
Nevada Athletic Commission.................................. 50,000 50,000
Office of Nevada Attorney for Injured Workers 3,001,846 2,905,944
State Dairy Commission..................................... 1,652,527 1,679,431
Employee-Management Relations Board............... 4,354 4,354
Commission on Mineral Resources
Division of Minerals............................................. 1,062,388 1,036,060
State Department of Agriculture
Agriculture administration..................................... 578,539 572,988
Plant industry program........................................... 539,528 540,718
Weights and measures program........................ 1,063,391 1,065,303
Gas pollution standards.......................................... 599,081 526,158
Agriculture registration and enforcement account 1,611,814 1,443,168
Livestock inspection account............................ 1,400,490 1,218,408
Grading and certification of agricultural products 402,885 441,172
Noxious weeds and insect pest control program 525,078 532,391
Veterinary medical services................................... 222,073 222,061
State Predatory Animal and Rodent Committee 237,230 237,925
State Gaming Control Board.................................... 8,287,749 9,107,056
Gaming Control Board investigation fund.... 10,209,624 10,166,431
Public Utilities Commission of Nevada................ 15,612,671 14,436,630
Colorado River Commission of Nevada................ 6,124,087 7,362,722
Research and development................................... 804,012 823,474
Fort Mojave Valley development fund........... 1,962,590 1,267,478
Power marketing fund..................................... 269,352,401 297,223,791
Power Delivery System.................................... 123,048,805 132,862,755
State Department of Conservation and Natural Resources
Administration.................................................. ...... 175,993 175,316
Environmental protection administration....... 3,660,199 3,566,574
Bureau of air quality..................................... 4,364,320 4,540,372
Water pollution control................................. 5,119,035 5,451,460
Water quality planning................................. 3,540,970 3,569,655
Federal Facilities............................................. 1,716,000 1,638,928
κ2003 Statutes of Nevada, Page 1852 (Chapter 328, SB 504)κ
Waste management and corrective actions $9,565,427 $9,474,397
Mining regulation and reclamation............ 2,843,498 3,019,115
Safe Drinking Water Act............................... 9,409,714 9,414,848
State Environmental Commission................... 40,269 40,268
Water Planning capital improvements.......... 183,557 179,574
Division of State Lands.......................................... 538,904 509,621
Division of Water Resources................................. 405,885 410,714
Division of State Parks........................................ 5,186,630 6,113,735
Division of Forestry.............................................. 5,594,686 5,006,979
Forestry intergovernmental agreement...... 8,057,367 8,547,309
Forestry honor camp..................................... 2,202,178 2,216,853
Forestry nurseries............................................... 658,133 678,462
Forest fire suppression/emergency response 4,978,936 4,976,456
Heil wild horse bequest........................................... 726,613 650,480
Nevada natural heritage......................................... 564,825 461,893
Division of Conservation Districts.......................... 18,876 19,763
Tahoe Regional Planning Agency..................... 7,217,134 6,992,540
Division of Wildlife............................................ 23,579,043 23,550,041
Boat program................................................. 5,338,865 6,107,849
Trout management..................................... 16,472,676 9,173,988
Obligated reserve............................................ 4,298,603 5,382,875
Department of Transportation............................. 618,832,152 669,759,687
Department of Motor Vehicles
Salvage, wreckers and body shops regulation... 529,640 512,721
Record search program....................................... 9,953,580 10,257,547
Automation........................................................... 4,373,331 4,521,468
Motor carrier......................................................... 1,153,160 1,199,312
Motor vehicle pollution control......................... 8,592,825 9,395,811
Verification of insurance.................................. 10,847,997 10,847,997
DMVHearings........................................................... 2,186 2,186
Field services....................................................... 16,879,056 17,651,164
Compliance enforcement...................................... 269,713 326,789
Central services..................................................... 5,379,854 5,593,924
Management services............................................. 322,569 329,071
Directors office.......................................................... 94,468 98,436
Administrative services....................................... 4,051,335 4,889,951
Department of Public Safety
Division of Emergency Management............... 5,694,286 5,706,307
Division of Parole and Probation...................... 2,941,279 2,941,279
Investigation Division............................................... 52,185 52,185
Narcotics control.................................................. 1,778,732 1,788,393
Training Division.......................................................... 8,250 8,250
State Fire Marshal................................................ 2,659,315 2,333,890
Traffic safety........................................................ 2,579,271 2,588,108
Highway safety.................................................... 1,088,669 907,793
Bicycle safety program.......................................... 170,875 180,077
Motorcycle safety program................................... 465,760 464,734
ForfeituresLaw enforcement......................... 1,136,316 1,889,422
Directors office.................................................... 2,228,771 2,355,170
κ2003 Statutes of Nevada, Page 1853 (Chapter 328, SB 504)κ
Office of professional responsibility.................. $341,143 $339,888
Justice Assistance Act.......................................... 6,023,396 6,023,396
Criminal History Repository............................ 10,617,885 11,603,467
Nevada Highway Patrol Division......................... 461,735 453,464
Administrative services....................................... 1,459,332 1,491,529
Highway safety grants........................................ 2,234,401 1,440,310
Capitol Police Division........................................ 1,899,089 1,950,052
State Emergency Response Commission............ 944,627 907,761
Public safety information services.................... 5,388,904 5,519,309
Public safety justice grant account...................... 392,883 403,553
Peace Officers Standards and Training Commission
Peace officers standards and training............. 1,641,350 1,537,528
Police Corps Program.............................................. 668,100 694,261
Public Employees Retirement Fund....................... 8,200,033 8,183,594
Public Employees Benefits Program
Public Employees Benefits Program........... 212,678,904 244,434,932
Retired Employee Group Insurance............... 20,293,994 22,814,274
Department of Employment, Training and Rehabilitation
Administrative services....................................... 3,820,376 3,945,983
Information and development processing...... 6,479,441 7,134,081
Research and analysis......................................... 3,171,295 3,166,685
Employment Security Division........................ 50,414,619 50,833,216
Employment security special fund................. 23,913,010 10,106,142
Welfare to work....................................................... 345,913 0
Career enhancement program......................... 15,015,722 14,022,722
Rehabilitation Division
Rehabilitation administration............................... 419,439 484,304
Office of disability employment policy............... 270,486 250,094
Bureau of Vocational Rehabilitation............. 12,153,886 13,088,246
Bureau of Services to the Blind and Visually Impaired 2,909,541 3,037,569
Blind business enterprise program..................... 2,442,601 2,030,650
Client assistance program...................................... 160,022 162,041
Bureau of Disability Adjudication.................... 9,991,940 10,139,415
Nevada Equal Rights Commission...................... 533,508 561,213
Sec. 2. 1. There is hereby appropriated from the money:
(a) Received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; or
(b) Recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products,
the sum of $257,412 for Fiscal Year 2003-2004 and the sum of $260,971 for Fiscal Year 2004-2005 to support the operation of the Attorney General administration program.
2. Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:
κ2003 Statutes of Nevada, Page 1854 (Chapter 328, SB 504)κ
(a) Disburse, on or after July 1, 2003, the money appropriated by subsection 1 in its entirety for the Fiscal Year 2003-2004 before other disbursements required by law are made;
(b) Disburse, on or after July 1, 2004, the money appropriated by subsection 1 in its entirety for the Fiscal Year 2004-2005 before other disbursements required by law are made; and
(c) Thereafter in each fiscal year, disburse all other money appropriated from this same source on a pro rata basis by percentage allocated by law.
3. There is hereby appropriated from the Fund for a Healthy Nevada:
(a) The sum of $247,953 for Fiscal Year 2003-2004 and the sum of $247,953 for Fiscal Year 2004-2005 to support the operation of the EPS/Homemaker programs.
(b) The sum of $1,590,971 for Fiscal Year 2003-2004 and the sum of $1,708,707 for Fiscal Year 2004-2005 to support the operation of the Senior Services program.
4. Notwithstanding the provisions of subsection 6 of NRS 439.620 to the contrary, the State Controller shall, from the money reserved for allocation by the Aging Services Division of the Department of Human Resources pursuant to paragraph (d) of subsection 1 of NRS 439.630:
(a) Disburse, on or after July 1, 2003, the money appropriated by subsection 3 in its entirety for the Fiscal Year 2003-2004 before other disbursements are made; and
(b) Disburse, on or after July 1, 2004, the money appropriated by subsection 3 in its entirety for the Fiscal Year 2004-2005 before other disbursements are made.
5. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal year reverts as soon as all payments of money committed have been made as follows: 10 percent to the Trust Fund for Public Health, 40 percent to the Millennium Scholarship Trust Fund, and 50 percent to the Fund for a Healthy Nevada.
6. Any balance of the sums appropriated by subsection 3 remaining at the end of the respective fiscal year reverts to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.
Sec. 3. 1. Expenditure of $26,913,795 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2003, and ending June 30, 2004.
2. Expenditure of $26,753,782 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2004, and ending June 30, 2005.
3. Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal year reverts to the State General Fund.
Sec. 4. 1. Expenditure of $406,705 by the Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2003, and ending June 30, 2004.
2. Expenditure of $408,151 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2004, and ending June 30, 2005.
κ2003 Statutes of Nevada, Page 1855 (Chapter 328, SB 504)κ
3. Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal year reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 5. The money authorized to be expended by the provisions of sections 1 to 4, inclusive, of this act, except for expenditures from the Legislative Fund and by judicial agencies, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 6. 1. Except as otherwise provided in subsection 2 and limited by section 7 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Department of Administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 to 4, inclusive, of this act.
2. The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund for expenditure by the Legislative Counsel Bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 7. Except as otherwise provided in sections 8 and 11 of this act and subsection 3 of section 16 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 8. 1. The University and Community College System of Nevada may expend the following fees collected from the registration of students, resident or nonresident:
2003-2004 2004-2005
University of Nevada, Reno........................... $29,802,190 $32,786,063
University of Nevada, Las Vegas................... 54,894,896 59,946,770
Community College of Southern Nevada..... 22,977,193 25,115,199
Western Nevada Community College.............. 2,436,751 2,519,047
κ2003 Statutes of Nevada, Page 1856 (Chapter 328, SB 504)κ
Truckee Meadows Community College........ $7,065,809 $7,531,841
Dental School........................................................ 2,212,581 3,190,335
Great Basin College............................................. 1,489,644 1,537,403
William S. Boyd School of Law........................ 2,460,184 2,464,984
School of Medicine.............................................. 1,933,278 1,953,544
Nevada State College at Henderson.................... 385,605 657,681
2. The University and Community College System of Nevada may expend any additional registration fees collected from students for the purpose of meeting the salaries and related benefits for incremental instructional faculty necessary as a result of registering additional students beyond the budgeted enrollments. The University and Community College System of Nevada may also expend, with the approval of the Interim Finance Committee, any additional nonresident tuition fees and any additional registration fees not utilized for incremental instructional faculty costs in addition to the authorized amounts for the respective years.
Sec. 9. Whenever claims which are payable and properly approved exceed the amount of cash in the Wildlife Account in the State General Fund, the State Controller may, with the approval of the Chief of the Budget Division of the Department of Administration, transfer temporarily from the State General Fund to the Wildlife Account such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.
Sec. 10. The sums authorized by section 1 of this act for Tahoe Regional Planning Agency Threshold Research/Pathway 2007 are available for both Fiscal Years 2003-2004 and 2004-2005 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. 11. 1. Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his services:
For the fiscal For the fiscal
year ending year ending
June 30, 2004 June 30, 2005
Carson City................................................. $500,861 $498,653
Eureka County.............................................. 46,038 45,835
Humboldt County...................................... 170,364 169,613
Lincoln County............................................. 75,174 74,842
Pershing County.......................................... 100,083 99,642
Storey County............................................... 25,799 25,685
White Pine County..................................... 193,717 192,863
Totals ............................................................. 1,112,036 1,107,133
2. The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 2003 Legislature for employees of the State Public Defenders Office for Fiscal Year 2003-2004 and Fiscal Year 2004-2005.
3. If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his services.
κ2003 Statutes of Nevada, Page 1857 (Chapter 328, SB 504)κ
Sec. 12. In Fiscal Years 2003-2004 and 2004-2005, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Division of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.
Sec. 13. On and after July 1, 1995, money collected by the Division of Wildlife and designated by the Division as an obligated sum in the Wildlife Account to be used only for the purposes specified by the law pertaining to the money or by the donor of the money must be transferred to a separate account designated as the Division of Wildlifes Obligated Reserve Account.
Sec. 14. Any unspent sums authorized in Fiscal Year 2002-2003 by section 1 of chapter 586, Statutes of Nevada 2001, at page 3018 for Tahoe Regional Planning Agency Threshold Research are available for Fiscal Year 2003-2004.
Sec. 15. Any money authorized for expenditure for the purpose of any information technology projects in section 1 of this act for the Department of Administration, Information Technology Projects that are budgeted to cost in excess of $50,000 in Fiscal Year 2003-2004 that remains unexpended on June 30, 2004, may be carried forward to Fiscal Year 2004-2005. Any amount carried forward must be used to complete the information technology project as approved by the Legislature.
Sec. 16. Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for the special reserves for extraordinary costs of operation, repair and maintenance of fire-fighting vehicles may be expended for that purpose notwithstanding the provisions of section 7 of this act.
Sec. 17. Any money authorized for expenditure in section 1 of chapter 586, Statutes of Nevada 2001, for the Division of State Parks of the State Department of Conservation and Natural Resources for park improvements that remains unexpended on June 30, 2003, may be carried forward to each fiscal year of the 2003-2005 biennium to complete the projects as authorized by the 2001 Legislature.
Sec. 18. 1. From the authorized expenditure is section 1 of this act, there is hereby allocated from the Commission on Tourism to the State Arts Council the sum of $250,000 for distribution to the Las Vegas Performing Arts Center Foundation for the planning and design of a performing arts center in the City of Las Vegas.
2. Upon acceptance of the money allocated by subsection 1, the Las Vegas Performing Arts Center Foundation agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2005, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Las Vegas Performing Arts Center Foundation through December 1, 2005; and
(b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the moneys allocated to the Las Vegas Performing Arts Center Foundation.
κ2003 Statutes of Nevada, Page 1858 (Chapter 328, SB 504)κ
3. Any remaining balance of the allocation must not be committed for expenditure after June 30, 2006, and reverts to the Commission on Tourism as soon as all payments of money committed have been made.
Sec. 19. Notwithstanding any other provision of law to the contrary:
1. The State Printing Division of the Department of Administration is hereby transferred to the Legislative Counsel Bureau on July 1, 2003. On that date, all real and personal property of the Printing Division must be transferred to and become the property of the Legislative Counsel Bureau.
2. The Director may incorporate the Printing Division into one or more of the existing divisions of the Legislative Counsel Bureau or create a new division of the Legislative Counsel Bureau.
3. All debt of the State Printing Division of the Department of Administration to the State General Fund or any other state fund or entity is hereby forgiven.
4. All outstanding capital improvement projects funded by this and previous sessions for the State Printing Division of the Department of Administration are hereby transferred to the Legislative Counsel Bureau. The State Public Works Board shall work with the Legislative Counsel Bureau and complete all of these capital improvement projects for which expenditures have been approved not later than the date on which the money approved for those projects is required to be reverted.
5. No public agency is required to use the services of the Printing Division, and the Printing Division is not required to produce any work for a state agency except work required by statute to be produced for:
(a) The Legislative Counsel Bureau or the Nevada Legislature; or
(b) The Supreme Court of Nevada.
6. Authority for the administration of the State Printing Fund is transferred to the Director of the Legislative Counsel Bureau.
7. The employees of the Printing Division are hereby transferred to and become employees of the Legislative Counsel Bureau.
8. The Director of the Legislative Counsel Bureau may retain such employees of the Printing Division who are transferred to the Legislative Counsel Bureau as he deems appropriate for the continued operation of the Printing Division, and may establish the compensation and duties of the employees who are retained and the positions that continue in existence. The Director of the Legislative Counsel Bureau may change the compensation of the employees of the Printing Division and may incorporate any of the positions from the Printing Division into existing positions of the Legislative Counsel Bureau but shall not expend more than the total amount approved for expenditure for that purpose in each respective fiscal year. To the extent practicable, the existing employees of the Printing Division must be retained.
Sec. 20. 1. This section and sections 1 to 17, inclusive, and 19 of this act become effective on July 1, 2003.
2. Section 18 of this act becomes effective on July 1, 2004.
________
κ2003 Statutes of Nevada, Page 1859κ
Senate Bill No. 426Committee on Commerce and Labor
CHAPTER 329
AN ACT relating to wireless telecommunications; providing for standards and procedures for approval by a state or local land use authority of an application for the construction of a facility for personal wireless service under certain circumstances; authorizing a land use authority to assess an applicant for the actual costs incurred by the authority to process an application; requiring that a denial of an application be in writing, set forth each ground for denial and describe the documents relied upon; and providing other matters properly relating thereto.
[Approved: June 9, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Legislature finds and declares that:
1. Congress enacted the Wireless Communications and Public Safety Act of 1999, Public Law 106-81, 113 Stat. 1286, to encourage states to make efforts to facilitate the development of seamless, ubiquitous and reliable personal wireless services networks as a means of promoting public safety by providing immediate and critical communications links among members of the public, emergency medical service providers and emergency dispatch providers. The widespread use of personal wireless services in the rescue, relief and recovery efforts following the September 11, 2001, terrorist attacks, in which landline communication networks were unavailable or unsuited to meeting exigent public safety communications needs, demonstrated the versatility and robustness of personal wireless services networks and their resulting importance to public safety and homeland security. It is the intent of the Legislature in enacting the provisions of sections 3 to 10, inclusive, of this act to reaffirm the federal policy of facilitating the development of seamless, ubiquitous and reliable personal wireless services networks as reflecting the public policy of the State of Nevada, and to set forth uniform standards and procedures that will give effect to this policy.
2. A large percentage of the residents of this state subscribe to personal wireless services, and there is a substantial public interest in permitting the residents of this state to enjoy the increase in personal productivity, flexibility and convenience attributable to the availability of seamless, ubiquitous and reliable personal wireless services. Seamless, ubiquitous and reliable personal wireless services also facilitate telecommuting, flexible hours and other alternate work arrangements that are integral to the service economy of this state and strategies for reducing road congestion.
3. Local governments in this state retain an important role in decisions concerning the construction of facilities for personal wireless services in order to ensure that such decisions give consideration to legitimate local concerns. Nevertheless, because personal wireless services networks must be seamless, ubiquitous and reliable to be effective, there is a preeminent state interest in ensuring the availability of such services throughout the State. Furthermore, in the Telecommunications Act of 1996, Public Law 104-104, 110 Stat.
κ2003 Statutes of Nevada, Page 1860 (Chapter 329, SB 426)κ
110 Stat. 56, Congress required that applications for facilities for personal wireless services be acted upon in an expeditious manner and without unreasonable delay. It is the intent of the Legislature in enacting the provisions of sections 3 to 10, inclusive, of this act to balance local, state and national interests by specifying uniform statewide procedures for the review by the State and by any local governments of applications to construct facilities for personal wireless service and to encourage the State and any local governments to allow the construction of facilities for personal wireless service on government property.
Sec. 2. Chapter 707 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 10, inclusive, of this act.
Sec. 3. As used in sections 3 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Facility for personal wireless service includes any building, structure, antenna and other equipment used to provide personal wireless service. The term includes a telecommunications tower.
Sec. 5. Land use authority means an agency, bureau, board, commission, department, division, officer or employee of the State or of a local government authorized by law to take action on an application to construct a facility for personal wire service.
Sec. 6. Personal wireless service has the meaning ascribed to it in 47 U.S.C. § 332(c)(7)(C), as that provision existed on July 1, 2003.
Sec. 7. Telecommunications tower means any freestanding tower, monopole or similar structure used to provide personal wireless services.
Sec. 8. 1. Notwithstanding any specific statute or ordinance to the contrary, a land use authority with jurisdiction over an application to construct a facility for personal wireless service shall:
(a) Establish procedures and standards for the review and approval of such an application, including, without limitation, procedures for:
(1) Review and approval of such an application by administrative staff pursuant to this section; and
(2) Consideration of such an application by the land use authority if the administrative staff denies the application; and
(b) Authorize administrative staff to review and approve such an application pursuant to this section.
2. The administrative staff authorized to review and approve an application to construct a facility for personal wireless service may approve such an application if:
(a) The applicant complies with the procedures established by the land use authority pursuant to this section;
(b) The facility for personal wireless service meets the standards established by the land use authority pursuant to this section;
(c) The applicant is a provider of wireless telecommunications that is licensed by the Federal Communications Commission to provide wireless telecommunications services over a designated radio frequency and authorized to do business in this state; and
(d) The facility for personal wireless service is to be:
(1) Architecturally integrated with its surroundings so that it appears to be an architectural feature of a building or other structure and its nature as a facility for personal wireless service is not readily apparent;
κ2003 Statutes of Nevada, Page 1861 (Chapter 329, SB 426)κ
(2) Collocated with a facility for personal wireless service approved, or capable of being approved, by the land use authority, if the facility for personal wireless service that is the subject of the application is architecturally integrated as described in subparagraph (1) at least to the extent that the facility for personal wireless service with which it is to be collocated is architecturally integrated;
(3) Constructed on an existing building or structure owned by a public utility or on property owned by the State or by a local government; or
(4) If constructed on an existing building or structure not owned by a public utility, architecturally compatible with the building or structure.
3. If the administrative staff authorized pursuant to this section to review and approve an application to construct a facility for personal wireless service denies such an application, the administrative staff shall provide to the applicant and the land use authority a written explanation that identifies each procedure and standard that the applicant, application or facility for personal wireless service failed to meet.
4. The land use authority shall not:
(a) Consider the environmental effects of radio frequency emissions from a facility for personal wireless service if the facility complies with the regulations of the Federal Communications Commission concerning such emissions.
(b) If the application to construct a facility for personal wireless services requests the use of a public right-of-way, deny the application based on the use of the public right-of-way if the proposed use:
(1) Meets all applicable state and local requirements for use of a public right-of-way, including, without limitation, any requirements established by the land use authority; and
(2) Does not endanger the public health or safety.
Sec. 9. A land use authority, in connection with an application to construct a facility for personal wireless service, may assess the applicant for the actual costs incurred by the land use authority to process the application.
Sec. 10. 1. A land use authority that denies the approval of an application to construct a facility for personal wireless service shall issue a written decision. The decision must:
(a) Set forth with specificity each ground on which the authority denied the approval of the application; and
(b) Describe the documents relied upon by the land use authority in making its decision.
2. A person who brings an action against a land use authority pursuant to NRS 278.0233 shall file a copy of the decision and record with the court.
Sec. 11. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 1862κ
Assembly Bill No. 432Assemblymen Brown, Knecht, Hardy, Andonov, Goicoechea, Grady, Hettrick, Marvel and Sherer
CHAPTER 330
AN ACT relating to public works; revising the provisions governing the penalty for the failure of a contractor or subcontractor engaged on a public work to report each workman employed on the public work to the public body that awarded the contract; prohibiting a contractor on a public work from withholding certain money from a subcontractor under certain circumstances; imposing a penalty against a contractor or subcontractor for willfully including inaccurate or incomplete information in a report required to be submitted to the public body that awarded the contract for the public work; authorizing the Labor Commissioner to waive or reduce certain penalties imposed on contractors and subcontractors for good cause shown; and providing other matters properly relating thereto.
[Approved: June 9, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.060 is hereby amended to read as follows:
338.060 1. [A] Except as otherwise provided in subsection 8, a contractor engaged on a public [works] work shall forfeit, as a penalty to the public body [in] on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each workman employed on the public work [:
(a) Is] is paid less than the designated rate for any work done under the contract, by the contractor or any subcontractor under him.
[(b) Is]
2. Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof for each workman employed on the public work for which the contractor or subcontractor willfully included inaccurate or incomplete information in the monthly record required to be submitted to the public body pursuant to subsection 5 of NRS 338.070.
3. Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each workman employed on the public work is not reported to the public body awarding the contract by the contractor or any of his subcontractors as required pursuant to subsection 5 of NRS 338.070 [. The] , up to a maximum of:
(a) For the first failure to comply during the term of the contract for the public work, $1,000; and
(b) For each subsequent failure to comply during the term of the contract for the public work, $5,000.
κ2003 Statutes of Nevada, Page 1863 (Chapter 330, AB 432)κ
4. Except as otherwise provided in subsection 8, if a violation of more than one provision of subsections 1, 2 and 3 involves the same workman, the contractor shall forfeit the penalty set forth in each subsection that was violated.
5. A public body awarding [the] a contract for a public work shall cause a stipulation [to this effect] setting forth the penalties specified in subsections 1 to 4, inclusive, to be inserted in the contract.
[2.] 6. The Labor Commissioner shall, by regulation, establish a sliding scale based on the size of the contractors business to determine the amount of the penalty to be imposed pursuant to [subsection 1.
3.] subsections 1 and 2.
7. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Labor Commissioner.
8. The Labor Commissioner may, for good cause shown, waive or reduce any penalty imposed pursuant to this section.
Sec. 2. NRS 338.070 is hereby amended to read as follows:
338.070 1. Any public body and its officers or agents awarding a contract shall:
(a) Investigate possible violations of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course of the execution of the contract, and determine whether a violation has been committed and inform the Labor Commissioner of any such violations; and
(b) When making payments to the contractor of money becoming due under the contract, withhold and retain all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive.
2. No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding body or its agents.
3. [It] Except as otherwise provided in subsection 6, it is lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of the failure of the subcontractor to comply with the terms of NRS 338.010 to 338.090, inclusive. If payment has already been made to the subcontractor, the contractor may recover from him the amount of the penalty or forfeiture in a suit at law.
4. The contractor and each subcontractor shall keep or cause to be kept an accurate record showing the name, the occupation and the actual per diem, wages and benefits paid to each workman employed by him in connection with the public work.
5. The record maintained pursuant to subsection 4 must be open at all reasonable hours to the inspection of the public body awarding the contract, and its officers and agents. The contractor or subcontractor shall ensure that a copy of the record for each calendar month is received by the public body awarding the contract no later than [10] 15 days after the end of the month. The copy must be open to public inspection as provided in NRS 239.010. The record in the possession of the public body awarding the contract may be discarded by the public body 2 years after final payment is made by the public body for the public work.
6. A contractor shall not withhold from a subcontractor under him the sums necessary to cover any penalties provided pursuant to subsection 3 of NRS 338.060 that may be withheld from the contractor by the public body awarding the contract because the public body did not receive a copy of the record maintained by the subcontractor pursuant to subsection 4 for a calendar month by the time specified in subsection 5 if:
κ2003 Statutes of Nevada, Page 1864 (Chapter 330, AB 432)κ
body awarding the contract because the public body did not receive a copy of the record maintained by the subcontractor pursuant to subsection 4 for a calendar month by the time specified in subsection 5 if:
(a) The subcontractor provided to the contractor, for submission to the public body by the contractor, a copy of the record not later than the later of:
(1) Ten days after the end of the month; or
(2) A date agreed upon by the contractor and subcontractor; and
(b) The contractor failed to submit the copy of the record to the public body by the time specified in subsection 5.
Nothing in this subsection prohibits a subcontractor from submitting a copy of a record for a calendar month directly to the public body by the time specified in subsection 5.
7. Any contractor or subcontractor, or agent or representative thereof, performing work for a public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 431Assemblywoman Giunchigliani
CHAPTER 331
AN ACT relating to energy; revising the membership of the Task Force for Renewable Energy and Energy Conservation; requiring the Public Utilities Commission of Nevada to adopt a system of renewable energy credits; providing for the establishment of the Solar Energy Systems Demonstration Program; and providing other matters properly relating thereto.
[Approved: June 9, 2003]
Whereas, Distributed generation of electricity using solar technology, including photovoltaic cells, can play an important role in the future of energy production in Nevada; and
Whereas, Even though each individual solar energy system is small, the combination of a large number of systems on homes, businesses, schools and public buildings can reduce the demand for electricity at times of peak consumption; and
Whereas, A large demand for individual solar energy systems will have the effect of creating new, skilled jobs and lead to the location in this state of the manufacturing of these systems and research into and development of these systems; and
Whereas, The Nevada Legislature recently passed legislation creating a portfolio standard for renewable energy for producers of electricity and seeks to build upon that effort; and
Whereas, Legislative action is necessary to accelerate the development of a market for photovoltaic systems in schools, public buildings, homes and small businesses and to encourage the use of trained and certified solar energy system installers; now, therefore,THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
κ2003 Statutes of Nevada, Page 1865 (Chapter 331, AB 431)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 701.350 is hereby amended to read as follows:
701.350 1. The Task Force for Renewable Energy and Energy Conservation is hereby created. The Task Force consists of [nine] 10 members who are appointed as follows:
(a) Two members appointed by the Majority Leader of the Senate, one of whom represents the interests of the renewable energy industry in this state with respect to biomass and the other of whom represents the interests of the mining industry in this state.
(b) Two members appointed by the Speaker of the Assembly, one of whom represents the interests of the renewable energy industry in this state with respect to geothermal energy and the other of whom represents the interests of a nonprofit organization dedicated to the protection of the environment or to the conservation of energy or the efficient use of energy.
(c) One member appointed by the Minority Leader of the Senate to represent the interests of the renewable energy industry in this state with respect to solar energy.
(d) One member appointed by the Minority Leader of the Assembly to represent the interests of the public utilities in this state.
(e) Two members appointed by the Governor, one of whom represents the interests of the renewable energy industry in this state with respect to wind and the other of whom represents the interests of the gaming industry in this state.
(f) One member appointed by the Consumers Advocate to represent the interests of the consumers in this state.
(g) One member appointed by the governing board of the State of Nevada AFL-CIO or, if the State of Nevada AFL-CIO ceases to exist, by its successor organization or, if there is no successor organization, by the Governor.
2. A member of the Task Force:
(a) Must be a citizen of the United States and a resident of this state.
(b) Must have training, education, experience or knowledge concerning:
(1) The development or use of renewable energy;
(2) Financing, planning or constructing renewable energy generation projects;
(3) Measures which conserve or reduce the demand for energy or which result in more efficient use of energy;
(4) Weatherization;
(5) Building and energy codes and standards;
(6) Grants or incentives concerning energy;
(7) Public education or community relations; or
(8) Any other matter within the duties of the Task Force.
(c) Must not be an officer or employee of the Legislative or Judicial Department of State Government.
3. After the initial terms, the term of each member of the Task Force is 3 years. A vacancy on the Task Force must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member may be reappointed to the Task Force.
4. A member of the Task Force who is an officer or employee of this state or a political subdivision of this state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Task Force and perform any work that is necessary to carry out the duties of the Task Force in the most timely manner practicable.
κ2003 Statutes of Nevada, Page 1866 (Chapter 331, AB 431)κ
without loss of his regular compensation so that he may prepare for and attend meetings of the Task Force and perform any work that is necessary to carry out the duties of the Task Force in the most timely manner practicable. A state agency or political subdivision of this state shall not require an officer or employee who is a member of the Task Force to:
(a) Make up the time he is absent from work to carry out his duties as a member of the Task Force; or
(b) Take annual leave or compensatory time for the absence.
Sec. 2. NRS 704.7815 is hereby amended to read as follows:
704.7815 Renewable energy system means:
1. A facility or energy system that:
(a) Uses renewable energy to generate electricity; and
(b) Transmits or distributes the electricity that it generates from renewable energy via:
(1) A power line which is dedicated to the transmission or distribution of electricity generated from renewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service; or
(2) A power line which is shared with not more than one facility or energy system generating electricity from nonrenewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service.
2. A solar [thermal] energy system that reduces the consumption of electricity.
3. A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive.
Sec. 3. NRS 704.7821 is hereby amended to read as follows:
704.7821 1. For each provider of electric service, the Commission shall establish a portfolio standard for renewable energy. The portfolio standard must require each provider to generate or acquire electricity from renewable energy systems in an amount that is:
(a) For calendar years 2003 and 2004, not less than 5 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(b) For calendar years 2005 and 2006, not less than 7 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(c) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(d) For calendar years 2009 and 2010, not less than 11 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(e) For calendar years 2011 and 2012, not less than 13 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(f) For calendar year 2013 and for each calendar year thereafter, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
2. In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:
κ2003 Statutes of Nevada, Page 1867 (Chapter 331, AB 431)κ
(a) Of the total amount of electricity that the provider is required to generate or acquire from renewable energy systems during each calendar year, not less than 5 percent of that amount must be generated or acquired from solar renewable energy systems.
(b) If the provider acquires electricity from a renewable energy system pursuant to a renewable energy contract with another party:
(1) The term of the renewable energy contract must be not less than 10 years, unless the other party agrees to a renewable energy contract with a shorter term; and
(2) The terms and conditions of the renewable energy contract must be just and reasonable, as determined by the Commission. If the provider is a public utility and the Commission approves the terms and conditions of the renewable energy contract between the provider and the other party, the renewable energy contract and its terms and conditions shall be deemed to be a prudent investment and the provider may recover all just and reasonable costs associated with the renewable energy contract.
3. If, for the benefit of one or more of its retail customers in this state, the provider has subsidized, in whole or in part, the acquisition or installation of a solar [thermal] energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar [thermal] energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.
4. The Commission [may] shall adopt regulations that establish a system of renewable energy credits that may be used by a provider to comply with its portfolio standard.
5. Except as otherwise provided in subsection 6, each provider shall comply with its portfolio standard during each calendar year.
6. If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of renewable energy credits, the provider shall take actions to acquire electricity pursuant to one or more renewable energy contracts. If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity made available to the provider pursuant to renewable energy contracts with just and reasonable terms and conditions, the Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission.
7. The Commission shall adopt regulations for the determination of just and reasonable terms and conditions for the renewable energy contracts that a provider of electric service must enter into to comply with its portfolio standard.
8. As used in this section:
(a) Renewable energy contract means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.
(b) Terms and conditions includes, without limitation, the price that a provider of electric service must pay to acquire electricity pursuant to a renewable energy contract.
κ2003 Statutes of Nevada, Page 1868 (Chapter 331, AB 431)κ
Sec. 4. As used in sections 4 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 13, inclusive, of this act have the meaning ascribed to them in those sections.
Sec. 5. Applicant means a person who is applying to participate in the Demonstration Program.
Sec. 6. Category means one of the categories of participants in the Demonstration Program as set forth in section 14 of this act.
Sec. 7. Committee means the Task Force for Renewable Energy and Energy Conservation created by NRS 701.350.
Sec. 8. Demonstration Program means the Solar Energy Systems Demonstration Program created by section 14 of this act.
Sec. 9. Participant means a person who has been approved by the Public Utilities Commission of Nevada, pursuant to section 18 of this act, to participate in the Demonstration Program.
Sec. 10. Person includes a governmental entity.
Sec. 11. Program year means the period of July 1 to June 30 of the following year.
Sec. 12. Solar energy system means a facility or energy system for the generation of electricity that uses photovoltaic cells and solar energy to generate electricity.
Sec. 13. Utility means a public utility that supplies electricity in this state.
Sec. 14. 1. The Solar Energy Systems Demonstration Program is hereby created.
2. The Demonstration Program shall have three categories of participants as follows:
(a) Schools;
(b) Other public buildings; and
(c) Private residences and small businesses.
3. A person is eligible to participate in the Demonstration Program if the person:
(a) To install a solar energy system, uses an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors Board pursuant to the regulations adopted by the Board; and
(b) For a participant in the category of schools or a participant in the category of public buildings, provides for the public display of the solar energy system, including, without limitation, providing for public demonstrations of the solar energy system and for hands-on experience of the solar energy system by the public.
4. In addition to the requirements of subsection 3, to be eligible to participate in the Demonstration Program, a person must be approved by the Public Utilities Commission of Nevada.
5. The Public Utilities Commission of Nevada shall adopt regulations providing for the qualifications an applicant must meet to qualify to participate in the Demonstration Program in the particular category of:
(a) Schools;
(b) Other public buildings; or
(c) Private residences or small businesses.
Sec. 15. 1. On or before November 1, 2003, the Committee shall:
(a) Develop an application for the Demonstration Program; and
κ2003 Statutes of Nevada, Page 1869 (Chapter 331, AB 431)κ
(b) Advertise for the submission of applications for the Demonstration Program for the program year beginning July 1, 2004.
2. On or before November 1, 2004, and on or before November 1 of each subsequent year, the Committee shall advertise for the submission of applications for the Demonstration Program for the following program year.
3. The advertisements of the Committee for application for the Demonstration Program must include, without limitation:
(a) A description of the requirements for participation in the Demonstration Program;
(b) A description of the incentives available to participants in the Demonstration Program; and
(c) A description of the application process to participate in the Demonstration Program.
Sec. 16. 1. On or before February 1, 2004, and on or before February 1 of each subsequent year, an applicant desiring to participate in the Demonstration Program for the following program year must apply to the Committee, on an application form prescribed by the Committee.
2. The applicant shall include in the application to the Committee:
(a) A designation of the category of the applicant.
(b) The kilowatt capacity of the proposed solar energy system.
(c) For an applicant in the category of schools or an applicant in the category of other public buildings, a description of the plan to provide for the public display of the solar energy system.
(d) Any other information required by the Committee.
Sec. 17. 1. On or before March 1, 2004, the Committee shall:
(a) Review the applications submitted for participation in the Demonstration Program for the program year beginning July 1, 2004, to ensure that the requirements of subsection 3 of section 14 of this act are met; and
(b) Nominate qualified applicants for participation in the Demonstration Program for the program year beginning July 1, 2004.
2. On or before February 1, 2005, and on or before February 1 of each subsequent year, the Committee shall:
(a) Review the applications submitted for participation in the Demonstration Program for the following program year to ensure that the requirements of subsection 3 of section 14 of this act are met; and
(b) Nominate qualified applicants for participation in the Demonstration Program for the following program year.
3. If the Committee nominates an applicant for participation in the Demonstration Program, the Committee shall forward the application to the Public Utilities Commission of Nevada within 15 days after making the decision to nominate the applicant.
Sec. 18. 1. On or before May 1 of each year, the Public Utilities Commission of Nevada shall:
(a) Review each application nominated by the Committee to ensure that the application meets the requirements of subsection 3 of section 14 of this act; and
(b) From those nominees, select participants for the Demonstration Program for the following program year.
2. The Public Utilities Commission of Nevada may approve, from among the applications nominated by the Committee, solar energy systems totaling:
κ2003 Statutes of Nevada, Page 1870 (Chapter 331, AB 431)κ
(a) For the program year beginning July 1, 2004:
(1) 100 kilowatts of capacity for schools;
(2) 200 kilowatts of capacity for other public buildings; and
(3) 200 kilowatts of capacity for private residences and small businesses.
(b) For the program year beginning July 1, 2005:
(1) An additional 450 kilowatts of capacity for schools;
(2) An additional 450 kilowatts of capacity for other public buildings; and
(3) An additional 600 kilowatts of capacity for private residences and small businesses.
(c) For the program year beginning July 1, 2006:
(1) An additional 900 kilowatts of capacity for schools;
(2) An additional 900 kilowatts of capacity for other public buildings; and
(3) An additional 1200 kilowatts of capacity for private residences and small businesses.
3. The Public Utilities Commission of Nevada shall notify each nominee of its selections no later than 10 days after the decision is made.
Sec. 19. 1. After the participant installs the solar energy system included in the Demonstration Program, the Public Utilities Commission of Nevada shall issue to the participant the following renewable energy credits for use within the system of renewable energy credits adopted by the Commission pursuant to NRS 704.7821:
(a) For a participant in the category of schools or a participant in the category of other public buildings, the participant is entitled to renewable energy credits equal to twice the actual or estimated kilowatt-hour production of the solar energy system of the participant for a period of not less than 10 years.
(b) For a participant in the category for private residences and small businesses, the participant is entitled to renewable energy credits equal to the actual or estimated kilowatt-hour production of the solar energy system of the participant.
2. The Commission shall designate the renewable energy credits issued to the participant pursuant to subsection 1 as renewable energy credits generated or acquired from solar renewable energy systems. The participant may transfer the renewable energy credits to a utility if the participant complies with the regulations adopted by the Commission to complete such a transfer.
3. The Commission shall adopt regulations to provide for the requirements and the procedures that a participant must follow to transfer renewable energy credits from the participant to a utility.
Sec. 20. 1. If the solar energy system used by a participant in the Demonstration Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.
2. If the utility which provides service to the participant offers an optional pricing plan that allows the utility to charge a customer varying rates per kilowatt-hour of electricity depending on the time of day that the customer uses the electricity, the participant is also entitled to participate in net metering under that optional pricing plan.
κ2003 Statutes of Nevada, Page 1871 (Chapter 331, AB 431)κ
3. A participant who participates in net metering must be billed on a monthly basis by the utility.
4. Notwithstanding the provisions of paragraph (c) of subsection 2 of NRS 704.775, the utility shall credit the participant for the excess energy generated by the participant which is fed back to the utility that exceeds the electricity supplied by the utility to the participant during any billing period. This credit must be applied toward the electricity consumed by the participant in the 11 billing periods immediately following the billing period in which the credit accrues. Any credit that accrues to the participant during a billing period that is not applied toward the electricity consumed by the participant during the 11 billing periods immediately following must expire without compensation to the participant. The electricity represented by the expired credit shall be deemed to be electricity that the utility generated or acquired from a renewable energy system to comply with its portfolio standard pursuant to NRS 704.7801 to 704.7828, inclusive.
5. If the participant participates in net metering under an optional pricing plan pursuant to the provisions of subsection 2, any credit accrued by the participant pursuant to subsection 3 during a billing period must, until exhausted, be applied first toward the electricity consumed by the participant during peak period consumption, second toward the electricity consumed by the participant during mid-peak period consumption and finally toward the electricity consumed by the participant during off-peak period consumption.
Sec. 21. If the Public Utilities Commission of Nevada determines that a participant did not comply with the requirements for participation in the Demonstration Program, the Public Utilities Commission of Nevada shall, after notice and an opportunity for a hearing, withdraw the participant from the Demonstration Program.
Sec. 22. As soon as practicable after July 1, 2003, the governing board of the State of Nevada AFL-CIO shall make the appointment to the Task Force for Renewable Energy and Energy Conservation required by the amendatory provisions of section 1 of this act.
Sec. 23. This act becomes effective on July 1, 2003.
Sec. 24. The provisions of sections 4 to 21, inclusive, of this act expire by limitation on June 30, 2007.
________
κ2003 Statutes of Nevada, Page 1872κ
Assembly Bill No. 429Assemblymen Hettrick, Hardy, Geddes, Knecht, Beers, Brown, Goicoechea, Grady, Griffin, Gustavson, Mabey, Marvel and Sherer
CHAPTER 332
AN ACT relating to energy; making various changes relating to net metering and renewable energy; authorizing the Director of the Office of Energy within the Office of the Governor to develop a program to distribute money in the form of grants, incentives or rebates to pay or defray the costs for persons to acquire, install or improve net metering systems; revising provisions governing the regulation of net metering; revising the definition of renewable energy to include waterpower for the purposes of the portfolio standard for renewable energy for certain providers of electric service and for net metering and optional pricing; revising the provisions governing the portfolio standard to include energy from a qualified energy recovery process; transferring money from the Public Utilities Commission Regulatory Fund to the Office of Energy; and providing other matters properly relating thereto.
[Approved: June 9, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 701 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Net metering system has the meaning ascribed to it in NRS 704.771.
Sec. 3. 1. The Director shall develop a program to distribute money, within the limits of legislative appropriation, in the form of grants, incentives or rebates to persons to pay or defray, in whole or in part, the costs for those persons to acquire, install or improve net metering systems, if the Director determines that the distribution of money to a person for that purpose will encourage, promote or stimulate:
(a) The development or use of sources of renewable energy in the State or the development of industries or technologies that use sources of renewable energy in the State;
(b) The conservation of energy in the State, the diversification of the types of energy used in the State or any reduction in the dependence of the State on foreign sources of energy;
(c) The protection of the natural resources of the State or the improvement of the environment;
(d) The enhancement of existing utility facilities or any other infrastructure in the State or the development of new utility facilities or any other infrastructure in the State; or
(e) The investment of capital or the expansion of business opportunities in the State or any growth in the economy of the State.
2. The Director may adopt any regulations that are necessary to carry out the provisions of this section.
κ2003 Statutes of Nevada, Page 1873 (Chapter 332, AB 429)κ
3. The Director shall not distribute money to any person pursuant to this section unless:
(a) The person complies with any requirements that the Director adopts by regulation; and
(b) The distribution of the money is consistent with one or more of the public purposes set forth in paragraphs (a) to (e), inclusive, of subsection 1.
4. As used in this section, person includes, without limitation, any state or local governmental agency or entity.
Sec. 4. NRS 701.020 is hereby amended to read as follows:
701.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 701.030 to 701.090, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 701.380 is hereby amended to read as follows:
701.380 1. The Task Force shall:
(a) Advise the Office of Energy in [the] :
(1) The development and periodic review of the comprehensive state energy plan with regard to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
(2) The distribution of money to persons pursuant to section 3 of this act to pay or defray, in whole or in part, the costs for those persons to acquire, install or improve net metering systems.
(b) Coordinate its activities and programs with the activities and programs of the Office of Energy, the Consumers Advocate and the Public Utilities Commission of Nevada and other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
(c) Spend the money in the Trust Fund for Renewable Energy and Energy Conservation to:
(1) Educate persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
(2) Create incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
(3) Distribute grants and other money to establish programs and projects which incorporate the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
(4) Conduct feasibility studies, including, without limitation, [a feasibility study] any feasibility studies concerning the establishment or expansion of [an incentive fund,] any grants , incentives, rebates or other programs to enable or assist [residential, small commercial and agricultural customers] persons to reduce the cost of purchasing on-site generation systems, net metering systems and distributed generation systems that use renewable energy.
(d) Take any other actions that the Task Force deems necessary to carry out its duties, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the Task Force in carrying out its duties.
κ2003 Statutes of Nevada, Page 1874 (Chapter 332, AB 429)κ
necessary, for the purposes of program design or to assist the Task Force in carrying out its duties.
2. The Task Force shall prepare an annual report concerning its activities and programs and submit the report to the Legislative Commission and the Governor on or before January 30 of each year. The annual report must include, without limitation:
(a) A description of the objectives of each activity and program;
(b) An analysis of the effectiveness and efficiency of each activity and program in meeting the objectives of the activity or program;
(c) The amount of money distributed for each activity and program from the Trust Fund for Renewable Energy and Energy Conservation and a detailed description of the use of that money for each activity and program;
(d) An analysis of the coordination between the Task Force and other officers and agencies; and
(e) Any changes planned for each activity and program.
3. As used in this section [:
(a) Distributed] , distributed generation system means a facility or system for the generation of electricity that is in close proximity to the place where the electricity is consumed.
[(b) Net metering system has the meaning ascribed to it in NRS 704.771.]
Sec. 6. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Qualified energy recovery process means a system with a nameplate capacity of not more than 15 megawatts that converts the otherwise lost energy from:
(a) The heat from exhaust stacks or pipes used for engines or manufacturing or industrial processes; or
(b) The reduction of high pressure in water or gas pipelines before the distribution of the water or gas,
to generate electricity if the system does not use additional fossil fuel or require a combustion process to generate such electricity.
2. The term does not include any system that uses energy, lost or otherwise, from a process whose primary purpose is the generation of electricity, including, without limitation, any process involving engine-driven generation or pumped hydrogeneration.
Sec. 7. NRS 704.771 is hereby amended to read as follows:
704.771 Net metering system means a facility or energy system for the generation of electricity that:
1. Uses renewable energy as its primary source of energy to generate electricity;
2. Has a generating capacity of not more than [10] 30 kilowatts;
3. Is located on the customer-generators premises;
4. Operates in parallel with the utilitys transmission and distribution facilities; and
5. Is intended primarily to offset part or all of the customer-generators requirements for electricity.
Sec. 8. NRS 704.7801 is hereby amended to read as follows:
704.7801 As used in NRS 704.7801 to 704.7828, inclusive, and section 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7805 to 704.7818, inclusive, have the meanings ascribed to them in those sections.
κ2003 Statutes of Nevada, Page 1875 (Chapter 332, AB 429)κ
Sec. 8.5. NRS 704.7805 is hereby amended to read as follows:
704.7805 Portfolio standard means a portfolio standard for renewable energy and energy from a qualified energy recovery process established by the Commission pursuant to NRS 704.7821.
Sec. 9. NRS 704.7811 is hereby amended to read as follows:
704.7811 1. Renewable energy means:
(a) Biomass;
(b) Geothermal energy;
(c) Solar energy; [and]
(d) Waterpower; and
(e) Wind.
2. The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
3. As used in this section, waterpower means power derived from standing, running or falling water which is used for any plant, facility, equipment or system to generate electricity if the generating capacity of the plant, facility, equipment or system is not more than 30 megawatts. Except as otherwise provided in this subsection, the term includes, without limitation, power derived from water that has been pumped from a lower to a higher elevation if the generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts. The term does not include power:
(a) Derived from water stored in a reservoir by a dam or similar device, unless:
(1) The water is used exclusively for irrigation;
(2) The dam or similar device was in existence on January 1, 2003; and
(3) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts;
(b) That requires a new or increased appropriation or diversion of water for its creation; or
(c) That requires the use of any fossil fuel for its creation, unless:
(1) The primary purpose of the use of the fossil fuel is not the creation of the power; and
(2) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts.
Sec. 10. NRS 704.7815 is hereby amended to read as follows:
704.7815 Renewable energy system means:
1. A facility or energy system that:
(a) Uses renewable energy or energy from a qualified energy recovery process to generate electricity; and
(b) Transmits or distributes the electricity that it generates from renewable energy or energy from a qualified energy recovery process via:
(1) A power line which is dedicated to the transmission or distribution of electricity generated from renewable energy or energy from a qualified energy recovery process and which is connected to a facility or system owned, operated or controlled by a provider of electric service; or
(2) A power line which is shared with not more than one facility or energy system generating electricity from nonrenewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service.
κ2003 Statutes of Nevada, Page 1876 (Chapter 332, AB 429)κ
2. A solar [thermal] energy system that reduces the consumption of [electricity.] electricity, natural gas or propane.
3. A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive.
Sec. 11. NRS 704.7821 is hereby amended to read as follows:
704.7821 1. For each provider of electric service, the Commission shall establish a portfolio standard for renewable energy [.] and energy from a qualified energy recovery process. The portfolio standard must require each provider to generate or acquire electricity from renewable energy systems in an amount that is:
(a) For calendar years 2003 and 2004, not less than 5 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(b) For calendar years 2005 and 2006, not less than 7 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(c) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(d) For calendar years 2009 and 2010, not less than 11 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(e) For calendar years 2011 and 2012, not less than 13 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(f) For calendar year 2013 and for each calendar year thereafter, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
2. In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:
(a) Of the total amount of electricity that the provider is required to generate or acquire from renewable energy systems during each calendar year, not less than 5 percent of that amount must be generated or acquired from solar renewable energy systems.
(b) If the provider acquires electricity from a renewable energy system pursuant to a renewable energy contract with another party:
(1) The term of the renewable energy contract must be not less than 10 years, unless the other party agrees to a renewable energy contract with a shorter term; and
(2) The terms and conditions of the renewable energy contract must be just and reasonable, as determined by the Commission. If the provider is a public utility and the Commission approves the terms and conditions of the renewable energy contract between the provider and the other party, the renewable energy contract and its terms and conditions shall be deemed to be a prudent investment and the provider may recover all just and reasonable costs associated with the renewable energy contract.
3. If, for the benefit of one or more of its retail customers in this state, the provider has subsidized, in whole or in part, the acquisition or installation of a solar [thermal] energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar [thermal] energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.
κ2003 Statutes of Nevada, Page 1877 (Chapter 332, AB 429)κ
provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.
4. The Commission may adopt regulations that establish a system of renewable energy credits that may be used by a provider to comply with its portfolio standard.
5. Except as otherwise provided in subsection 6, each provider shall comply with its portfolio standard during each calendar year.
6. If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of renewable energy credits, the provider shall take actions to acquire electricity pursuant to one or more renewable energy contracts. If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity made available to the provider pursuant to renewable energy contracts with just and reasonable terms and conditions, the Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission.
7. The Commission shall adopt regulations for the determination of just and reasonable terms and conditions for the renewable energy contracts that a provider of electric service must enter into to comply with its portfolio standard.
8. As used in this section:
(a) Renewable energy contract means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.
(b) Terms and conditions includes, without limitation, the price that a provider of electric service must pay to acquire electricity pursuant to a renewable energy contract.
Sec. 11.5. NRS 704B.320 is hereby amended to read as follows:
704B.320 1. For eligible customers whose loads are in the service territory of an electric utility that primarily serves densely populated counties, the aggregate amount of energy that all such eligible customers purchase from providers of new electric resources before July 1, 2003, must not exceed 50 percent of the difference between the existing supply of energy generated in this state that is available to the electric utility and the existing demand for energy in this state that is consumed by the customers of the electric utility, as determined by the Commission.
2. An eligible customer that is a nongovernmental commercial or industrial end-use customer whose load is in the service territory of an electric utility that primarily serves densely populated counties shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless, as part of the proposed transaction, the eligible customer agrees to:
(a) Contract with the provider to purchase:
(1) An additional amount of energy which is equal to 10 percent of the total amount of energy that the eligible customer is purchasing for its own use under the proposed transaction and which is purchased at the same price, terms and conditions as the energy purchased by the eligible customer for its own use; and
κ2003 Statutes of Nevada, Page 1878 (Chapter 332, AB 429)κ
(2) The capacity and ancillary services associated with the additional amount of energy at the same price, terms and conditions as the capacity and ancillary services purchased by the eligible customer for its own use; and
(b) Offers to assign the rights to the contract to the electric utility for use by the remaining customers of the electric utility.
3. If an eligible customer is subject to the provisions of subsection 2, the eligible customer shall include with its application filed pursuant to NRS 704B.310 all information concerning the contract offered to the electric utility that is necessary for the Commission to determine whether it is in the best interest of the remaining customers of the electric utility for the electric utility to accept the rights to the contract. Such information must include, without limitation, the amount of the energy and capacity to be purchased under the contract, the price of the energy, capacity and ancillary services and the duration of the contract.
4. Notwithstanding any specific statute to the contrary, information concerning the price of the energy, capacity and ancillary services and any other terms or conditions of the contract that the Commission determines are commercially sensitive:
(a) Must not be disclosed by the Commission except to the regulatory operations staff of the Commission, the Consumers Advocate and his staff and the electric utility for the purposes of carrying out the provisions of this section; and
(b) Shall be deemed to be confidential for all other purposes, and the Commission shall take such actions as are necessary to protect the confidentiality of such information.
5. If the Commission determines that the contract:
(a) Is not in the best interest of the remaining customers of the electric utility, the electric utility shall not accept the rights to the contract, and the eligible customer is entitled to all rights to the contract.
(b) Is in the best interest of the remaining customers of the electric utility, the electric utility shall accept the rights to the contract and the eligible customer shall assign all rights to the contract to the electric utility. A contract that is assigned to the electric utility pursuant to this paragraph shall be deemed to be an approved part of the resource plan of the electric utility and a prudent investment, and the electric utility may recover all costs for the energy, capacity and ancillary services acquired pursuant to the contract. To the extent practicable, the Commission shall take actions to ensure that the electric utility uses the energy, capacity and ancillary services acquired pursuant to each such contract only for the benefit of the remaining customers of the electric utility that are not eligible customers, with a preference for the remaining customers of the electric utility that are residential customers with small loads.
6. The provisions of this section do not exempt the electric utility, in whole or in part, from the requirements imposed on the electric utility pursuant to NRS 704.7801 to 704.7828, inclusive, to comply with its portfolio standard for renewable energy [.] and energy from a qualified energy recovery process. The Commission shall not take any actions pursuant to this section that conflict with or diminish those requirements.
7. As used in this section, Consumers Advocate means the Consumers Advocate of the Bureau of Consumer Protection in the Office of the Attorney General.
κ2003 Statutes of Nevada, Page 1879 (Chapter 332, AB 429)κ
Sec. 12. 1. Not later than 30 days after the effective date of this act, the Public Utilities Commission of Nevada shall transfer the sum of $250,000 from its reserve account in the Public Utilities Commission Regulatory Fund, created by NRS 703.147, to an account in the State General Fund for use by the Director of the Office of Energy within the Office of the Governor to carry out the provisions of section 3 of this act.
2. The Director of the Office of Energy shall use the money transferred pursuant to this section only for the purposes set forth in section 3 of this act.
Sec. 13. This act becomes effective upon passage and approval.
________
Senate Bill No. 386Committee on Human Resources and Facilities
CHAPTER 333
AN ACT relating to public health; expanding the rights of patients of certain health care facilities to certain visitation privileges; providing that a person may designate certain other persons to make anatomical gifts or order the burial or cremation of the human remains of the person upon death; revising related provisions governing the priority of persons authorized to make decisions concerning anatomical gifts, burial and cremation of human remains on behalf of a decedent; and providing other matters properly relating thereto.
[Approved: June 9, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If, as a result of the incapacitation of the patient or his inability to communicate, a patient of a medical facility, facility for the dependent or home for individual residential care who is 18 years of age or older is unable to inform the staff of the facility or home of the persons whom the patient authorizes to visit the patient at the facility or home, the facility or home shall allow visitation rights to any person designated by the patient in a letter, form or other document authorizing visitation executed in accordance with subsection 2. The visitation rights required by this subsection must be:
(a) Provided in accordance with the visitation policies of the facility or home; and
(b) The same visitation rights that are provided to a member of the patients family who is legally related to the patient.
2. A person 18 years of age or older wishing to designate a person for the purposes of establishing visitation rights in a medical facility, facility for the dependent or home for individual residential care may execute a letter, form or other document authorizing visitation in substantially the following form:
κ2003 Statutes of Nevada, Page 1880 (Chapter 333, SB 386)κ
(Date)..................................
I, ..............................., (patient who is designating another person as having visitation rights of the patient) do hereby designate .................................. (person who is being designated as having visitation rights of the patient) as having the right to visit me in a medical facility, facility for the dependent or home for individual residential care. I hereby instruct all staff of a medical facility, facility for the dependent or home for individual residential care in which I am a patient to admit ......................................(person who is being designated as having visitation rights of the patient) to my room and afford him or her the same visitation rights as are provided to members of my family who are legally related to me during my time as a patient.
........................................................
(Signed)
Sec. 2. NRS 449.730 is hereby amended to read as follows:
449.730 1. Every medical facility, facility for the dependent and home for individual residential care shall inform each patient or his legal representative, upon his admission to the facility or home, of the patients rights as listed in NRS 449.700, 449.710 and 449.720 [.] , and section 1 of this act.
2. In addition to the requirements of subsection 1, if a person with a disability is a patient at a facility, as that term is defined in NRS 449.771, the facility shall inform the patient of his rights pursuant to NRS 449.765 to 449.786, inclusive.
Sec. 3. Chapter 451 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The following persons, in the following order of priority, may order the burial of human remains of a deceased person:
(a) A person designated as the person with authority to order the burial of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 5;
(b) The spouse of the decedent;
(c) An adult son or daughter of the decedent;
(d) Either parent of the decedent;
(e) An adult brother or sister of the decedent;
(f) A grandparent of the decedent;
(g) A guardian of the person of the decedent at the time of death; and
(h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.
2. If the deceased person was an indigent or other person for whom the final disposition of the decedents remains is a responsibility of a county or the State, the appropriate public officer may order the burial of the remains and provide for the respectful disposition of the remains.
3. If the deceased person donated his body for scientific research or, before his death, a medical facility was made responsible for his final disposition, a representative of the scientific institution or medical facility may order the burial of his remains.
4. A living person may order the burial of human remains removed from his body or the burial of his body after his death. In the latter case, any person acting pursuant to his instructions is an authorized agent.
5. A person 18 years of age or older wishing to authorize another person to order the burial of his human remains in the event of his death may execute an affidavit before a notary public in substantially the following form:
κ2003 Statutes of Nevada, Page 1881 (Chapter 333, SB 386)κ
may execute an affidavit before a notary public in substantially the following form:
State of Nevada }
}ss.
County of..................................... }
(Date)..................................
I, ..................................., (person authorizing another person to order the burial of his human remains in the event of his death) do hereby designate ................................... (person who is being authorized to order the burial of the human remains of a person in the event of his death) to order the burial of my human remains upon my death.
Subscribed and sworn to before me this ........
day of the month of ......... of the year.......
............................................................................
(Notary Public)
Sec. 4. NRS 451.005 is hereby amended to read as follows:
451.005 As used in NRS 451.010 to 451.470, inclusive, and section 3 of this act, unless the context otherwise requires, human remains or remains means the body of a deceased person, and includes the body in any stage of decomposition and the cremated remains of a body.
Sec. 5. NRS 451.557 is hereby amended to read as follows:
451.557 1. Any member of the following classes of persons, in the order of the priority listed, may make an anatomical gift of all or a part of the decedents body for an authorized purpose, unless the decedent, at the time of death, has made an unrevoked refusal to make that anatomical gift:
(a) A person designated as the person with authority to make an anatomical gift of all or part of the body of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 6;
(b) The spouse of the decedent;
[(b)] (c) An adult son or daughter of the decedent;
[(c)] (d) Either parent of the decedent;
[(d)] (e) An adult brother or sister of the decedent;
[(e)] (f) A grandparent of the decedent; [and
(f)] (g) A guardian of the person of the decedent at the time of death [.] ; and
(h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.
The legal procedure for authorization must be defined and established by the Committee on Anatomical Dissection established by the University and Community College System of Nevada.
2. An anatomical gift may not be made by a person listed in subsection 1 if:
(a) A person in a prior class is available at the time of death to make an anatomical gift;
(b) The person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or
(c) The person proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the persons class or a prior class.
3. An anatomical gift by a person authorized under subsection 1 must be made by:
κ2003 Statutes of Nevada, Page 1882 (Chapter 333, SB 386)κ
(a) A document of gift signed by him; or
(b) His telegraphic, recorded telephonic or other recorded message, or other form of communication from him that is contemporaneously reduced to writing and signed by the recipient.
4. An anatomical gift by a person authorized under subsection 1 may be revoked by any member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, technician or enucleator removing the part knows of the revocation.
5. A failure to make an anatomical gift under subsection 1 is not an objection to the making of an anatomical gift.
6. A person 18 years of age or older wishing to authorize another person to make an anatomical gift of all or part of his body in the event of his death may execute an affidavit before a notary public in substantially the following form:
State of Nevada }
}ss.
County of..................................... }
(Date)...................................
I, ..................................., (person authorizing another person to make an anatomical gift of his body in the event of his death) do hereby designate ................................... (person who is being authorized to make an anatomical gift of the body of another person in the event of his death) to make an anatomical gift of all or part of my body in the event of my death for authorized purposes and in accordance with the procedure for authorization defined and established by the Committee on Anatomical Dissection established by the University and Community College System of Nevada.
Subscribed and sworn to before me this ........
day of the month of ......... of the year.......
.............................................................................
(Notary Public)
Sec. 6. NRS 451.650 is hereby amended to read as follows:
451.650 1. The following persons, in the following order of priority, may order the cremation of human remains of a deceased person:
(a) [The surviving spouse;
(b) A majority of the adult children;
(c) The living parents jointly; or
(d) The decedents guardian or personal representative.] A person designated as the person with authority to order the cremation of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 5;
(b) The spouse of the decedent;
(c) An adult son or daughter of the decedent;
(d) Either parent of the decedent;
(e) An adult brother or sister of the decedent;
(f) A grandparent of the decedent;
(g) A guardian of the person of the decedent at the time of death; and
(h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.
κ2003 Statutes of Nevada, Page 1883 (Chapter 333, SB 386)κ
2. If the deceased person was an indigent or other person for the final disposition of whose remains a county or the State is responsible, the appropriate public officer may order cremation of the remains and provide for the respectful disposition of the cremated remains.
3. If the deceased person donated his body for scientific research or, before his death, a medical facility was made responsible for his final disposition, a representative of the scientific institution or medical facility may order cremation of his remains.
4. A living person may order the cremation of human remains removed from his body or the cremation of his body after his death. In the latter case, any person acting pursuant to his instructions is an authorized agent.
5. A person 18 years of age or older wishing to give authority to another person to order the cremation of his human remains upon his death may execute an affidavit before a notary public in substantially the following form:
State of Nevada }
}ss.
County of..................................... }
(Date).......................................
I, ......................................, (person authorizing another person to order the cremation of his human remains upon his death) do hereby designate ..................................(person who is being authorized to order the cremation of the human remains of another person in the event of his death) to order the cremation of my human remains upon my death.
Subscribed and sworn to before me this ........
day of the month of ......... of the year.......
..................................................................................
(Notary Public)
Sec. 7. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 1884κ
Senate Bill No. 332Senator Amodei
CHAPTER 334
AN ACT relating to public health; revising the provisions governing the qualifications and appointment of the State Health Officer; providing for the licensure of administrative physicians; authorizing the Board of Medical Examiners to waive certain requirements for licensure to practice medicine if the Governor declares a state of critical need exists for certain medical specialties; authorizing the Board to issue a license by endorsement to practice medicine to certain qualified applicants who have been issued a license to practice medicine by the District of Columbia or any state or territory of the United States; requiring the Board to maintain a website on the Internet; revising certain requirements for the issuance of a license to practice medicine; clarifying certain restrictions on the use of the title M.D.; and providing other matters properly relating thereto.
[Approved: June 9, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.090 is hereby amended to read as follows:
439.090 1. The State Health Officer must:
(a) Be a citizen of the United States.
(b) [Be certified, or eligible for certification, by the American Board of Preventive Medicine.
(c)] Be licensed, or eligible for licensure, as a [doctor of medicine to practice] physician or administrative physician in Nevada.
2. The Administrator must have [had] 2 years experience, or the equivalent, in a responsible administrative position in:
(a) A full-time county or city health facility or department; or
(b) A major health program at a state or national level.
Sec. 1.5. NRS 439.100 is hereby amended to read as follows:
439.100 1. The Director shall appoint a State Health Officer.
2. The position of State Health Officer must be filled by the Director within 6 months after it becomes vacant, except that if a qualified applicant does not accept the position within that period, the Director shall continue his efforts to fill the position until a qualified person accepts the appointment.
3. The State Health Officer is in the unclassified service of the State and serves at the pleasure of the Director.
Sec. 2. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.
Sec. 3. Administrative physician means a physician who is licensed only to act in an administrative capacity as an:
1. Officer or employee of a state agency; or
2. Independent contractor pursuant to a contract with the State.
Sec. 4. 1. A person may apply to the Board to be licensed as an administrative physician if the person meets all of the statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.
κ2003 Statutes of Nevada, Page 1885 (Chapter 334, SB 332)κ
2. A person who is licensed as an administrative physician pursuant to this section:
(a) May not engage in the practice of medicine;
(b) Shall comply with all of the statutory requirements for continued licensure pursuant to this chapter; and
(c) Shall be deemed to hold a license to practice medicine in an administrative capacity only.
Sec. 5. 1. If the Governor determines that there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty within this state, the Governor may declare that a state of critical medical need exists for that medical specialty. The Governor may, but is not required to, limit such a declaration to one or more geographic areas within this state.
2. In determining whether there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty, the Governor may consider, without limitation:
(a) Any statistical data analyzing the number of physicians who are practicing the medical specialty in relation to the total population of this state or any geographic area within this state;
(b) The demand within this state or any geographic area within this state for the types of services provided by the medical specialty; and
(c) Any other factors relating to the medical specialty that may adversely affect the delivery of health care within this state or any geographic area within this state.
3. If the Governor makes a declaration pursuant to this section, the Board may waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for an applicant if the applicant:
(a) Intends to practice medicine in one or more of the medical specialties designated by the Governor in his declaration and, if the Governor has limited his declaration to one or more geographic areas within this state, in one or more of those geographic areas;
(b) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively;
(c) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician or such other equivalent training as the Board deems appropriate; and
(d) Meets all other conditions and requirements for a license to practice medicine.
4. Any license issued pursuant to this section is a restricted license, and the person who holds the restricted license may practice medicine in this state only in the medical specialties and geographic areas for which the restricted license is issued.
5. Any person who holds a restricted license issued pursuant to this section and who completes 3 years of full-time practice under the restricted license may apply to the Board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the Board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.
κ2003 Statutes of Nevada, Page 1886 (Chapter 334, SB 332)κ
Sec. 6. Except as otherwise provided in NRS 630.161, the Board may issue a license by endorsement to practice medicine to an applicant who has been issued a license to practice medicine by the District of Columbia or any state or territory of the United States if:
1. At the time the applicant files his application with the Board, the license is in effect;
2. The applicant:
(a) Submits to the Board proof of passage of an examination approved by the Board;
(b) Submits to the Board any documentation and other proof of qualifications required by the Board;
(c) Meets all of the statutory requirements for licensure to practice medicine in effect at the time of application except for the requirements set forth in NRS 630.160; and
(d) Completes any additional requirements relating to the fitness of the applicant to practice required by the Board; and
3. Any documentation and other proof of qualifications required by the Board is authenticated in a manner approved by the Board.
Sec. 7. 1. The Board shall maintain a website on the Internet or its successor.
2. The Board shall place on the website:
(a) Each application form for the issuance or renewal of a license issued by the Board pursuant to this chapter; and
(b) A list of questions that are frequently asked concerning the processes of the Board and the answers to those questions.
Sec. 8. NRS 630.005 is hereby amended to read as follows:
630.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.010 to 630.025, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 9. NRS 630.020 is hereby amended to read as follows:
630.020 Practice of medicine means:
1. To diagnose, treat, correct, prevent or prescribe for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality.
2. To apply principles or techniques of medical science in the diagnosis or the prevention of any such conditions.
3. To perform any of the acts described in subsections 1 and 2 by using equipment that transfers information concerning the medical condition of the patient electronically, telephonically or by fiber optics.
4. To offer, undertake, attempt to do or hold oneself out as able to do any of the acts described in subsections 1 and 2.
[5. To use in connection with a persons name the words or letters M.D., or any other title, word, letter or other designation intended to imply or designate him as a practitioner of medicine in any of its branches, except in the manner authorized by NRS 630A.220.]
Sec. 10. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing him to practice.
2. Except as otherwise provided in NRS 630.161 [or 630.164,] , 630.164 and sections 4, 5 and 6 of this act, a license may be issued to any person who:
κ2003 Statutes of Nevada, Page 1887 (Chapter 334, SB 332)κ
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b) Has received the degree of doctor of medicine from a medical school:
(1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or
(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;
(c) [Has] Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain such certification for the duration of his licensure, or has passed:
(1) All parts of the examination given by the National Board of Medical Examiners;
(2) All parts of the Federation Licensing Examination;
(3) All parts of the United States Medical Licensing Examination;
(4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;
(5) All parts of the examination to become a licentiate of the Medical Council of Canada; or
(6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board [determined] determines to be sufficient;
(d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure, or:
(1) Has completed 36 months of progressive postgraduate:
[(1)] (I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education [of the American Medical Association] or the Coordinating Council of Medical Education of the Canadian Medical Association; or
[(2)] (II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; [and] or
(2) Has completed at least 36 months of postgraduate education, not less than 24 months of such postgraduate education must be as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and
(e) Passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicants clinical training met the requirements of paragraph (b).
Sec. 11. NRS 630.164 is hereby amended to read as follows:
630.164 1. A board of county commissioners may petition the Board of Medical Examiners to waive the [requirement] requirements of paragraph (d) of subsection 2 of NRS 630.160 for any applicant intending to practice medicine in a medically underserved area of that county as that term is defined by regulation by the Board of Medical Examiners. The Board of Medical Examiners may waive that requirement and issue a license if the applicant:
κ2003 Statutes of Nevada, Page 1888 (Chapter 334, SB 332)κ
(a) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education [of the American Medical Association] or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively;
(b) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician or such other equivalent training as the Board deems appropriate; and
(c) Meets all other conditions and requirements for a license to practice medicine.
2. Any person licensed pursuant to subsection 1 must be issued a license to practice medicine in this state restricted to practice in the medically underserved area of the county which petitioned for the waiver only. He may apply to the Board of Medical Examiners for renewal of that restricted license every 2 years after he is licensed.
3. Any person holding a restricted license pursuant to subsection 1 who completes 3 years of full-time practice under the restricted license may apply to the Board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the Board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the [requirement] requirements of paragraph (d) of subsection 2 of NRS 630.160.
Sec. 12. NRS 630.165 is hereby amended to read as follows:
630.165 1. [An] Except as otherwise provided in subsection 2, an applicant for a license to practice medicine must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:
(a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and
(b) The information contained in the application and any accompanying material is complete and correct.
2. An applicant for a license by endorsement to practice medicine pursuant to section 6 of this act must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:
(a) The applicant is the person named in the license to practice medicine issued by the District of Columbia or any state or territory of the United States and that the license was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and
(b) The information contained in the application and any accompanying material is complete and correct.
3. An application submitted pursuant to subsection 1 or 2 must include the social security number of the applicant.
[3.] 4. In addition to the other requirements for licensure, the Board may require such further evidence of the mental, physical, medical or other qualifications of the applicant as it considers necessary.
[4.] 5. The applicant bears the burden of proving and documenting his qualifications for licensure.
Sec. 13. NRS 630.258 is hereby amended to read as follows:
630.258 1. A physician who is retired from active practice and who wishes to donate his expertise for the medical care and treatment of indigent persons in this state may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.
κ2003 Statutes of Nevada, Page 1889 (Chapter 334, SB 332)κ
persons in this state may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.
2. An application for a special volunteer medical license must be on a form provided by the Board and must include:
(a) Documentation of the history of medical practice of the physician;
(b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that he has never been the subject of disciplinary action by a medical board in any jurisdiction;
(c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160 [;] or the requirements for licensure by endorsement set forth in section 6 of this act;
(d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care to indigent persons in this state; and
(e) Acknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.
3. If the Board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the Board shall issue a special volunteer medical license to the physician.
4. The initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.
5. The Board shall not charge a fee for:
(a) The review of an application for a special volunteer medical license; or
(b) The issuance or renewal of a special volunteer medical license pursuant to this section.
6. A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.
7. A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.
Sec. 14. NRS 630.261 is hereby amended to read as follows:
630.261 1. Except as otherwise provided in NRS 630.161, the Board may issue:
(a) A locum tenens license, to be effective not more than 3 months after issuance, to any physician who is licensed and in good standing in another state, who meets the requirements for licensure in this state and who is of good moral character and reputation. The purpose of this license is to enable an eligible physician to serve as a substitute for another physician who is licensed to practice medicine in this state and who is absent from his practice for reasons deemed sufficient by the Board.
κ2003 Statutes of Nevada, Page 1890 (Chapter 334, SB 332)κ
for reasons deemed sufficient by the Board. A license issued pursuant to the provisions of this paragraph is not renewable.
(b) A special license to a licensed physician of another state to come into this state to care for or assist in the treatment of his own patient in association with a physician licensed in this state. A special license issued pursuant to the provisions of this paragraph is limited to the care of a specific patient. The physician licensed in this state has the primary responsibility for the care of that patient.
(c) A restricted license for a specified period if the Board determines the applicant needs supervision or restriction.
(d) A temporary license for a specified period if the physician is licensed and in good standing in another state and meets the requirements for licensure in this state, and if the Board determines that it is necessary in order to provide medical services for a community without adequate medical care. A temporary license issued pursuant to the provisions of this paragraph is not renewable.
(e) A special purpose license to a physician who is licensed in another state to permit the use of equipment that transfers information concerning the medical condition of a patient in this state across state lines electronically, telephonically or by fiber optics if the physician:
(1) Holds a full and unrestricted license to practice medicine in that state;
(2) Has not had any disciplinary or other action taken against him by any state or other jurisdiction; and
(3) Meets the [requirement] requirements set forth in paragraph (d) of subsection 2 of NRS 630.160.
2. Except as otherwise provided in this section, the Board may renew or modify any license issued pursuant to subsection 1.
3. Every physician who is licensed pursuant to subsection 1 and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the license shall be deemed to have given his consent to the revocation of the license at any time by the Board for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.
Sec. 15. NRS 630.268 is hereby amended to read as follows:
630.268 1. The Board shall charge and collect not more than the following fees:
For application for and issuance of a license to practice as a physician , including a license by endorsement $600
For application for and issuance of a temporary, locum tenens, limited, restricted, special or special purpose license............................................................................................................... 400
For renewal of a limited, restricted or special license.......................... 400
For application for and issuance of a license as a physician assistant 400
For biennial registration of a physician assistant................................ 800
For biennial registration of a physician................................................. 800
For application for and issuance of a license as a practitioner of respiratory care 400
For biennial registration of a practitioner of respiratory care........... 600
κ2003 Statutes of Nevada, Page 1891 (Chapter 334, SB 332)κ
For biennial registration for a physician who is on inactive status $400
For written verification of licensure......................................................... 50
For a duplicate identification card........................................................... 25
For a duplicate license................................................................................ 50
For computer printouts or labels............................................................ 500
For verification of a listing of physicians, per hour............................... 20
For furnishing a list of new physicians.................................................. 100
2. In addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for its other services.
3. The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.
Sec. 16. NRS 630.400 is hereby amended to read as follows:
630.400 A person who:
1. Presents to the Board as his own the diploma, license or credentials of another;
2. Gives either false or forged evidence of any kind to the Board;
3. Practices medicine or respiratory care under a false or assumed name or falsely personates another licensee;
4. Except as otherwise provided by specific statute, practices medicine or respiratory care without being licensed under this chapter;
5. Holds himself out as a physician assistant or uses any other term indicating or implying that he is a physician assistant without being licensed by the Board;
6. Holds himself out as a practitioner of respiratory care or uses any other term indicating or implying that he is a practitioner of respiratory care without being licensed by the Board; or
7. Uses the title [M.D., when not licensed by the Board pursuant to this chapter, unless otherwise] M.D.:
(a) Without having been awarded such a degree; or
(b) When not authorized by a specific statute,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 17. This act becomes effective upon passage and approval.
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κ2003 Statutes of Nevada, Page 1892κ
Assembly Bill No. 16Committee on Judiciary
CHAPTER 335
AN ACT relating to crimes; providing for genetic marker analysis of certain evidence relating to the conviction of certain offenders who have been sentenced to death; providing for a stay of execution pending the results of the analysis; providing that a petitioner may file a motion for a new trial if the analysis is favorable to the petitioner; and providing other matters properly relating thereto.
[Approved: June 9, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
.....
Section 1. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A person convicted of a crime and under sentence of death who meets the requirements of this section may file a postconviction petition requesting a genetic marker analysis of evidence within the possession or custody of the State which may contain genetic marker information relating to the investigation or prosecution that resulted in the judgment of conviction and sentence of death. The petition must include, without limitation, the date scheduled for the execution, if it has been scheduled.
2. Such a petition must be filed with the clerk of the district court for the county in which the petitioner was convicted on a form prescribed by the Department of Corrections. A copy of the petition must be served by registered mail upon:
(a) The Attorney General; and
(b) The district attorney in the county in which the petitioner was convicted.
3. If a petition is filed pursuant to this section, the court shall determine which person or agency has possession or custody of the evidence and shall immediately issue an order requiring, during the pendency of the proceeding, each person or agency in possession or custody of the evidence to:
(a) Preserve all evidence within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section;
(b) Within 30 days, prepare an inventory of all evidence within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section; and
(c) Within 30 days, submit a copy of the inventory to the petitioner, the prosecuting attorney and the court.
4. Within 30 days after the inventory of all evidence is prepared pursuant to subsection 3, the prosecuting attorney may file a written response to the petition with the court.
5. The court shall hold a hearing on a petition filed pursuant to this section.
κ2003 Statutes of Nevada, Page 1893 (Chapter 335, AB 16)κ
6. The court shall order a genetic marker analysis if the court finds that:
(a) A reasonable possibility exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through a genetic marker analysis of the evidence identified in the petition;
(b) The evidence to be analyzed exists; and
(c) The evidence was not previously subjected to:
(1) A genetic marker analysis involving the petitioner; or
(2) The method of analysis requested in the petition, and the method of additional analysis may resolve an issue not resolved by a previous analysis.
7. If the court orders a genetic marker analysis pursuant to subsection 6, the court shall:
(a) Order the analysis to be conducted promptly under reasonable conditions designed to protect the interest of the State in the integrity of the evidence and the analysis process.
(b) Select a forensic laboratory to conduct or oversee the analysis. The forensic laboratory selected by the court must:
(1) Be operated by this state or one of its political subdivisions, when possible; and
(2) Satisfy the standards for quality assurance that are established for forensic laboratories by the Federal Bureau of Investigation.
(c) Order the forensic laboratory selected pursuant to paragraph (b) to perform a genetic marker analysis of evidence. The analysis to be performed and evidence to be analyzed must:
(1) Be specified in the order; and
(2) Include such analysis, testing and comparison of genetic marker information contained in the evidence and the genetic marker information of the petitioner as the court determines appropriate under the circumstances.
(d) Order the production of any reports that are prepared by a forensic laboratory in connection with the analysis and any data and notes upon which the report is based.
(e) Order the preservation of evidence used in a genetic marker analysis performed pursuant to this section for purposes of a subsequent proceeding or analysis, if any.
8. If the results of a genetic marker analysis performed pursuant to this section are favorable to the petitioner:
(a) The petitioner may bring a motion for a new trial based on the ground of newly discovered evidence pursuant to NRS 176.515; and
(b) The restriction on the time for filing the motion set forth in subsection 3 of NRS 176.515 is not applicable.
9. The court shall dismiss a petition filed pursuant to this section if:
(a) The requirements for ordering a genetic marker analysis pursuant to this section are not satisfied; or
(b) The results of a genetic marker analysis performed pursuant to this section are not favorable to the petitioner.
10. For the purposes of a genetic marker analysis pursuant to this section, a person under sentence of death who files a petition pursuant to this section shall be deemed to consent to the:
(a) Submission of a biological specimen by him to determine his genetic marker information; and
κ2003 Statutes of Nevada, Page 1894 (Chapter 335, AB 16)κ
(b) Release and use of genetic marker information concerning the petitioner.
11. The expense of an analysis ordered pursuant to this section is a charge against the Department of Corrections and must be paid upon approval by the Board of State Prison Commissioners as other claims against the State are paid.
12. The remedy provided by this section is in addition to, is not a substitute for and is not exclusive of any other remedy, right of action or proceeding available to a person convicted of a crime and under sentence of death.
Sec. 3. 1. After a judge grants a petition requesting a genetic marker analysis pursuant to section 2 of this act, if a judge determines that the genetic marker analysis cannot be completed before the date of the execution of the petitioner, the judge shall stay the execution of the judgment of death pending the results of the analysis.
2. If the results of an analysis ordered and conducted pursuant to section 2 of this act are not favorable to the petitioner:
(a) Except as otherwise provided in paragraph (b), the Director of the Department of Corrections shall, in due course, execute the judgment of death.
(b) If the judgment of death has been stayed pursuant to subsection 1, the judge shall cause a certified copy of his order staying the execution of the judgment and a certified copy of the report of genetic marker analysis that indicates results which are not favorable to the petitioner to be immediately forwarded by the clerk of the court to the district attorney. Upon receipt, the district attorney shall pursue the issuance of a new warrant of execution of the judgment of death in the manner provided in NRS 176.495.
Sec. 4. NRS 176.515 is hereby amended to read as follows:
176.515 1. The court may grant a new trial to a defendant if required as a matter of law or on the ground of newly discovered evidence.
2. If trial was by the court without a jury the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
3. [A] Except as otherwise provided in section 2 of this act, a motion for a new trial based on the ground of newly discovered evidence may be made only within 2 years after the verdict or finding of guilt.
4. A motion for a new trial based on any other grounds must be made within 7 days after the verdict or finding of guilt or within such further time as the court may fix during the 7-day period.
Sec. 5. The Department of Corrections, in consultation with the Attorney General, shall, on or before August 1, 2003:
1. Prescribe the form for a petition requesting the genetic marker analysis of evidence pursuant to section 2 of this act; and
2. Provide a copy of the form and a copy of the provisions of section 2 of this act to each person in the custody of the Department who is under a sentence of death.
Sec. 6. This act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 1895κ
Assembly Bill No. 57Assemblymen Anderson, Parks, Andonov, Buckley, Claborn, Collins, Conklin, Geddes, Giunchigliani, Hettrick, Horne, Koivisto, Leslie, Manendo, McClain, Oceguera and Williams
CHAPTER 336
AN ACT relating to construction; requiring the State Public Works Board to adopt certain seismic standards; requiring certain governing bodies to amend their building codes to include certain seismic standards; and providing other matters properly relating thereto.
[Approved: June 9, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section to read as follows:
For the purposes of the design and construction of buildings or other projects of this state, the Board shall adopt by regulation:
1. The seismic provisions of the International Building Code published by the International Code Council; and
2. Standards for the investigation of hazards relating to seismic activity, including, without limitation, potential surface ruptures and liquefaction.
Sec. 2. NRS 278.580 is hereby amended to read as follows:
278.580 1. Subject to the limitation set forth in NRS 244.368, the governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures, and may adopt rules, ordinances and regulations for the enforcement of the building code.
2. The governing body may also fix a reasonable schedule of fees for the issuance of building permits. A schedule of fees so fixed does not apply to the State of Nevada, the University and Community College System of Nevada or any school district, except that such entities may contract with the governing body to pay such fees for the issuance of building permits, the review of plans and the inspection of construction. Except as it may agree to in such a contract, a governing body is not required to provide for the review of plans or the inspection of construction with respect to a structure of the State of Nevada, the University and Community College System of Nevada or any school district.
3. Notwithstanding any other provision of law, the State and its political subdivisions shall comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any activity existing on April 23, 1971.
4. A [local] governing body shall amend its building codes to permit the use of straw or other materials and technologies which conserve scarce natural resources or resources that are renewable in the construction of a structure and the use of solar energy for the heating of a structure, to the extent the local climate allows . [, as intended by:
(a) The Uniform Building Code adopted by the International Conference of Building Officials in the form most recently published before March 1, 1995; and
κ2003 Statutes of Nevada, Page 1896 (Chapter 336, AB 57)κ
(b) The Model Energy Code adopted by the Council of American Building Officials in the form most recently published before March 1, 1995.]
5. A governing body shall amend its building codes to include:
(a) The seismic provisions of the International Building Code published by the International Code Council; and
(b) Standards for the investigation of hazards relating to seismic activity, including, without limitation, potential surface ruptures and liquefaction.
Sec. 3. This act becomes effective:
1. On July 1, 2003, for the purposes of the State Public Works Board adopting the seismic provisions and standards specified in section 1 of this act; and
2. On July 1, 2004, for all other purposes, including for the purpose of a governing body to amend its building codes to include the seismic provisions and standards specified in subsection 5 of NRS 278.580, as amended by section 2 of this act.
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Assembly Bill No. 220Committee on Commerce and Labor
CHAPTER 337
AN ACT relating to contractors; requiring an applicant for a contractors license to establish his financial responsibility under certain circumstances; providing for the confidentiality of certain information compiled as a result of an investigation conducted by the State Contractors Board; authorizing the Board to require a criminal investigator employed by the Board to conduct a background investigation of an applicant for employment with the Board; prohibiting the Board from issuing a private reprimand to a licensee; prohibiting a person from receiving money for the purpose of obtaining or paying for services, labor, materials or equipment under certain circumstances; authorizing a district court in a proceeding for a judicial review of a final decision of the Board to dismiss an agency or person from the proceeding under certain circumstances; expanding the circumstances under which a criminal investigator employed by the Board may exercise the powers of a peace officer; providing penalties; and providing other matters properly relating thereto.
[Approved: June 9, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 624.010, 624.020 and section 3 of this act have the meanings ascribed to them in those sections.
κ2003 Statutes of Nevada, Page 1897 (Chapter 337, AB 220)κ
Sec. 3. Construction control has the meaning ascribed to it in NRS 627.050.
Sec. 4. 1. In addition to any other requirements set forth in this chapter, if an applicant will engage in residential construction and the applicant or the natural person qualifying on behalf of the applicant pursuant to NRS 624.260 has not held a contractors license issued pursuant to this chapter within the 2 years immediately preceding the date that the application is submitted to the Board, the Board shall require the applicant to establish his financial responsibility by submitting to the Board:
(a) A financial statement that is prepared by an independent certified public accountant; and
(b) Any other information required by the Board.
2. Before the Board may issue a contractors license to the applicant, the Board must determine whether, based on the financial information concerning the applicant, it would be in the public interest to do any or all of the following:
(a) Require the applicant to obtain the services of a construction control with respect to any money that the applicant requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the applicant may not:
(1) Be related to the construction control or to an employee or agent of the construction control; or
(2) Hold, directly or indirectly, a financial interest in the business of the construction control.
(b) Establish an aggregate monetary limit on the contractors license, which must be the maximum combined monetary limit on all contracts that the applicant may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:
(1) Shall determine the period that the limit is in effect; and
(2) During that period, may increase or decrease the limit as the Board deems appropriate.
3. If the Board issues a contractors license to an applicant described in subsection 1, for the first 2 years after the issuance of the license, the licensee must submit to the Board, with each application for renewal of the license:
(a) A financial statement that is prepared by an independent certified public accountant; and
(b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.
4. Before the Board may renew the contractors license of the licensee, the Board must determine whether, based on the financial information concerning the licensee, it would be in the public interest to do any or all of the following:
(a) Require the licensee to obtain the services of a construction control with respect to any money that the licensee requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the licensee may not:
κ2003 Statutes of Nevada, Page 1898 (Chapter 337, AB 220)κ
(1) Be related to the construction control or to an employee or agent of the construction control; or
(2) Hold, directly or indirectly, a financial interest in the business of the construction control.
(b) Establish an aggregate monetary limit on the contractors license, which must be the maximum combined monetary limit on all contracts that the licensee may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:
(1) Shall determine the period that the limit is in effect; and
(2) During that period, may increase or decrease the limit as the Board deems appropriate.
Sec. 5. 1. In addition to any other requirements set forth in this chapter, if an investigation is conducted against a licensee and the Board determines that there is cause to proceed with a formal disciplinary proceeding against the licensee, the Board shall require the licensee to submit to the Board:
(a) A financial statement that is prepared by an independent certified public accountant; and
(b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.
2. After providing the licensee with notice and an opportunity to be heard, the Board must determine whether, based on the financial information concerning the licensee, it would be in the public interest to do any or all of the following:
(a) Require the licensee to obtain the services of a construction control with respect to any money that the licensee requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the licensee may not:
(1) Be related to the construction control or to an employee or agent of the construction control; or
(2) Hold, directly or indirectly, a financial interest in the business of the construction control.
(b) Establish an aggregate monetary limit on the contractors license, which must be the maximum combined monetary limit on all contracts that the licensee may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:
(1) Shall determine the period that the limit is in effect; and
(2) During that period, may increase or decrease the limit as the Board deems appropriate.
3. The provisions of this section do not limit the authority of the Board to take disciplinary action against the licensee.
Sec. 6. 1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential.
κ2003 Statutes of Nevada, Page 1899 (Chapter 337, AB 220)κ
2. The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.
Sec. 7. NRS 624.010 is hereby amended to read as follows:
624.010 [As used in this chapter,] Board means the State Contractors Board.
Sec. 8. NRS 624.020 is hereby amended to read as follows:
624.020 [For the purposes of this chapter, unless the context otherwise requires:]
1. Contractor is synonymous with builder.
2. A contractor is any person, except a registered architect or a licensed professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, offers to undertake to, purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project must be accepted by the Board or any court of this state as prima facie evidence that the person securing that permit or employing any person on a construction project is acting in the capacity of a contractor pursuant to the provisions of this chapter.
3. A contractor includes a subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.
4. A contractor includes a construction manager who performs management and counselin