LAWS OF THE STATE OF NEVADA

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ê2010 Statutes of Nevada, 26th Special Session, Page 1ê

 

LAWS OF THE STATE OF NEVADA

Passed at the

TWENTY-SIXTH SPECIAL SESSION OF THE LEGISLATURE

2010

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Horsford and Raggio

 

CHAPTER 1

 

AN ACT making an appropriation to the Legislative Fund for the costs of the 26th Special Session; and providing other matters properly relating thereto.

 

[Approved: February 25, 2010]

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $250,000 for the costs of the 26th Special Session.

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

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CHAPTER 2, AB 1

Assembly Bill No. 1–Committee of the Whole

 

CHAPTER 2

 

AN ACT relating to support orders; requiring certain employers to electronically transfer to the State the income withheld from employees pursuant to support orders; and providing other matters properly relating thereto.

 

[Approved: February 28, 2010]

 

Legislative Counsel’s Digest:

      This bill requires employers with 50 or more employees to electronically transfer to the State the income withheld from employees pursuant to support orders.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 2 (Chapter 2, AB 1)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 31A.090 is hereby amended to read as follows:

      31A.090  1.  A notice to withhold income is binding upon any employer of an obligor to whom it is mailed. To reimburse the employer for the employer’s costs in making the withholding, the employer may deduct $3 from the amount paid the obligor each time the employer makes a withholding.

      2.  Except as otherwise provided in subsection 3, if an employer receives notices to withhold income for more than one employee, the employer may consolidate the amounts of money that are payable to:

      (a) The enforcing authority and pay those amounts with one check; and

      (b) The State Treasurer and pay those amounts with one check,

Ê but the employer shall attach to each check a statement identifying by name and social security number each obligor for whom payment is made and the amount transmitted for that obligor.

      3.  If the provisions of NRS 353.1467 apply, the employer shall make payment to the enforcing authority or the State Treasurer, as applicable, by way of any method of electronic transfer of money allowed by the enforcing authority or the State Treasurer. If an employer has 50 or more employees, the employer shall make payment to the Division of Welfare and Supportive Services by way of any method of electronic transfer of money allowed by the Division. If an employer makes [such] payment by way of electronic transfer of money [,] pursuant to this subsection, the employer shall transmit separately the name and appropriate identification number, if any, of each obligor for whom payment is made and the amount transmitted for that obligor.

      4.  An employer shall cooperate with and provide relevant information to an enforcing authority as necessary to enable it to enforce an obligation of support. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages resulting from the disclosure.

      5.  As used in this section, “electronic transfer of money” has the meaning ascribed to it in NRS 353.1467.

      Sec. 2.  This act becomes effective on July 1, 2010.

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ê2010 Statutes of Nevada, 26th Special Session, Page 3ê

 

CHAPTER 3, AB 3

Assembly Bill No. 3–Committee of the Whole

 

CHAPTER 3

 

AN ACT relating to state financial administration; revising provisions relating to the transfer of certain money from the Abandoned Property Trust Account; providing for the temporary reduction by the Legislature of the assessment on state agencies for a portion of the costs of premiums or contributions for retirees with state service participating in the Public Employees’ Benefits Program; authorizing certain sums appropriated to the Department of Health and Human Services to be transferred among the various budget accounts of the Department under certain circumstances; reducing certain amounts of money budgeted for the 2009-2010 and 2010-2011 Fiscal Years; providing for revisions of certain work programs necessary to carry out and process those reductions; requiring the transfer of certain money to the State General Fund; making corresponding changes relating to such transfers; and providing other matters properly relating thereto.

 

[Approved: February 28, 2010]

 

Legislative Counsel’s Digest:

      Under existing law, the first $7.6 million of the balance remaining in the Abandoned Property Trust Account at the end of a fiscal year is transferred to the Millennium Scholarship Trust Fund. The remaining balance is transferred to the State General Fund, subject to any valid claims. (NRS 120A.620) Section 88 of this bill eliminates the temporary cancellation of a portion of the $7.6 million transfers to the Millennium Scholarship Trust Fund during the 2009-2011 biennium and section 1 of this bill suspends the entire $7.6 million transfers during that biennium. Thus, the entire remaining balance of the Abandoned Property Trust Account at the end of Fiscal Years 2009-2010 and 2010-2011 will be transferred to the State General Fund.

      Existing law requires state agencies to pay an assessment that is used to pay a portion of the cost of premiums or contributions for the Public Employees’ Benefits Program for persons who have retired with state service. The money assessed is deposited into the State Retirees’ Health and Welfare Benefits Fund to be used to pay for a portion of the current and future health and welfare benefits for such retirees. (NRS 287.046) Section 6 of this bill allows the Legislature to temporarily reduce the amount of such an assessment until July 1, 2011. Section 79 of this bill transfers $24,700,000 from the Retirement Benefits Investment Fund to the State Retirees’ Health and Welfare Benefits Fund to pay a portion of the costs for health and welfare benefits for state retirees during Fiscal Year 2010-2011.

      Existing law provides a procedure for the revision of the work program of any department, institution or agency of the Executive Department of the State Government. (NRS 353.220) Section 36 of this bill authorizes the transfer of certain sums appropriated to the Department of Health and Human Services among the various budget accounts of the Department in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.

      Sections 37 and 68 of this bill reduce the current amount of money budgeted for Fiscal Years 2009-2010 and 2010-2011, respectively, for certain programs and services of various state agencies. Sections 83 and 85 of this bill provide for the transfer of the amount of the reductions provided in sections 37 and 68 to the State General Fund Budget Reserve Account in each fiscal year. The revisions to the work programs required to accomplish these reductions are made only upon approval of the Chief of the Budget Division of the Department of Administration, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, without further legislative approval.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 4 (Chapter 3, AB 3)ê

 

Chief of the Budget Division of the Department of Administration, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, without further legislative approval.

      Sections 38-67 and 69-79 of this bill require the State Controller to transfer various sums of money from certain funds and accounts in Fiscal Years 2009-2010 and 2010-2011 to the State General Fund Budget Reserve Account to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State. Section 80 of this bill provides that the transfers of money made in sections 38-67 and 69-79 do not apply to the extent that they would constitute an impairment of the rights of holders of bonds or similar obligations issued by the State. Sections 84 and 86 of this bill require that the balance of the money transferred pursuant to sections 38-67 and 69-79 revert to the State General Fund at the close of the applicable fiscal year.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 120A.620 is hereby amended to read as follows:

      120A.620  1.  There is hereby created in the State General Fund the Abandoned Property Trust Account.

      2.  All money received by the Administrator under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the Administrator in the State General Fund for credit to the Account.

      3.  Before making a deposit, the Administrator shall record the name and last known address of each person appearing from the holders’ reports to be entitled to the abandoned property and the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurance company, its number, the name of the company and the amount due. The record must be available for public inspection at all reasonable business hours.

      4.  The Administrator may pay from money available in the Account:

      (a) Any costs in connection with the sale of abandoned property.

      (b) Any costs of mailing and publication in connection with any abandoned property.

      (c) Reasonable service charges.

      (d) Any costs incurred in examining the records of a holder and in collecting the abandoned property.

      (e) Any valid claims filed pursuant to this chapter.

      5.  Except as otherwise provided in NRS 120A.610, by the end of each fiscal year, the balance in the Account must be transferred [as follows:

      (a) The first $7,600,000 each year must be transferred to the Millennium Scholarship Trust Fund created by NRS 396.926.

      (b) The remainder must be transferred] to the State General Fund, but remains subject to the valid claims of holders pursuant to NRS 120A.590 and owners pursuant to NRS 120A.640. [No such claim may be satisfied from money in the Millennium Scholarship Trust Fund.]

      6.  If there is an insufficient amount of money in the Account to pay any cost or charge pursuant to subsection 4, the State Board of Examiners may, upon the application of the Administrator, authorize a temporary transfer from the State General Fund to the Account of an amount necessary to pay those costs or charges.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 5 (Chapter 3, AB 3)ê

 

those costs or charges. The Administrator shall repay the amount of the transfer as soon as sufficient money is available in the Account.

      Sec. 2.  NRS 206.340 is hereby amended to read as follows:

      206.340  1.  The Graffiti Reward Fund is hereby created in the State General Fund.

      2.  When a defendant pleads or is found guilty of violating NRS 206.125, 206.330 or 206.335, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Graffiti Reward Fund.

      3.  All money received pursuant to subsection 2 must be deposited with the State Controller for credit to the Graffiti Reward Fund. The money in the Fund must be used [to] :

      (a) To pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violates NRS 206.125, 206.330 or 206.335 [.] ; or

      (b) For any other purpose authorized by the Legislature.

      4.  If sufficient money is available in the Graffiti Reward Fund, a state law enforcement agency may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates NRS 206.125, 206.330 or 206.335. The reward must be paid out of the Graffiti Reward Fund upon approval by the State Board of Examiners.

      Sec. 3.  NRS 209.192 is hereby amended to read as follows:

      209.192  1.  There is hereby created in the State Treasury a Fund for New Construction of Facilities for Prison Industries as a capital projects fund. The Director shall deposit in the Fund the deductions made pursuant to paragraph (c) of subsection 1 or paragraph (b) of subsection 2 of NRS 209.463. The money in the Fund must only be expended to house new industries or expand existing industries in the industrial program to provide additional employment of offenders [.] or for any other purpose authorized by the Legislature. The money in the Fund must not be expended for relocating an existing industry in the industrial program unless the existing industry is being expanded to provide additional employment of offenders.

      2.  Before money in the Fund may be expended for construction, the Director shall submit a proposal for the expenditure to the State Board of Examiners. Upon making a determination that the proposed expenditure is appropriate and necessary, the State Board of Examiners shall recommend to the Interim Finance Committee, or the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means when the Legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.

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

      Sec. 4.  NRS 228.340 is hereby amended to read as follows:

      228.340  1.  Except as otherwise provided by NRS 598A.260, all money collected by the Bureau of Consumer Protection pursuant to NRS 704.033 and chapter 711 of NRS and pursuant to those provisions of NRS relating to private investigators and unfair trade practices must be deposited with the State Treasurer for credit to the Account for the Bureau of Consumer Protection.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 6 (Chapter 3, AB 3)ê

 

relating to private investigators and unfair trade practices must be deposited with the State Treasurer for credit to the Account for the Bureau of Consumer Protection.

      2.  Money in the Account may be used [only to] :

      (a) To defray the costs of maintaining the Office of the Consumer’s Advocate and for carrying out the provisions of NRS 228.300 to 228.390, inclusive [.] ; or

      (b) For any other purpose authorized by the Legislature.

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

      Sec. 5.  NRS 240.018 is hereby amended to read as follows:

      240.018  1.  The Secretary of State may:

      (a) Provide courses of study for the mandatory training of notaries public. Such courses of study must include at least 4 hours of instruction relating to the functions and duties of notaries public.

      (b) Charge a reasonable fee to each person who enrolls in a course of study for the mandatory training of notaries public.

      2.  A course of study provided pursuant to this section must comply with the regulations adopted pursuant to subsection 1 of NRS 240.017.

      3.  The following persons are required to enroll in and successfully complete a course of study provided pursuant to this section:

      (a) A person applying for appointment as a notary public for the first time.

      (b) A person renewing his or her appointment as a notary public, if the appointment has expired for a period greater than 1 year.

      (c) A person renewing his or her appointment as a notary public, if during the immediately preceding 4 years the person has been fined for failing to comply with a statute or regulation of this State relating to notaries public.

Ê A person who holds a current appointment as a notary public is not required to enroll in and successfully complete a course of study provided pursuant to this section if the person is in compliance with all of the statutes and regulations of this State relating to notaries public.

      4.  The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 1 in the Notary Public Training Fund which is hereby created as a special revenue fund in the State Treasury. The Fund must be administered by the Secretary of State. Any interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Any money remaining in the Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Fund must be carried forward. All claims against the Fund must be paid as other claims against the State are paid. The money in the Fund may be expended [only to] :

      (a) To pay for expenses related to providing courses of study for the mandatory training of notaries public, including, without limitation, the rental of rooms and other facilities, advertising, travel and the printing and preparation of course materials [.] ; or

      (b) For any other purpose authorized by the Legislature.

      Sec. 6.  NRS 287.046 is hereby amended to read as follows:

      287.046  1.  The Department of Administration shall establish an assessment that is to be used to pay for a portion of the cost of premiums or contributions for the Program for persons who have retired with state service before January 1, 1994, or under the circumstances set forth in paragraph (a), (b) or (c) of subsection 3.

 


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contributions for the Program for persons who have retired with state service before January 1, 1994, or under the circumstances set forth in paragraph (a), (b) or (c) of subsection 3.

      2.  [The] Unless the assessment is reduced by the Legislature, the money assessed pursuant to subsection 1 must be deposited into the Retirees’ Fund and must be based upon an amount approved by the Legislature each session to pay for a portion of the current and future health and welfare benefits for such retirees. Except as otherwise provided in subsection 4, the portion to be paid to the Program from the Retirees’ Fund on behalf of such persons must be equal to a portion of the cost for each retiree and the retiree’s dependents who are enrolled in the plan, as defined for each year of the plan by the Program.

      3.  Adjustments to the portion paid by the Retirees’ Fund must be as follows:

      (a) For persons who retire on or after January 1, 1994, with state service:

             (1) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.

             (2) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

      (b) For persons who are initially hired by the State on or after January 1, 2010, and who retire with at least 15 years of service credit, which must include state service and may include local governmental service, and who have participated in the Program on a continuous basis since their retirement from such employment, for each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

      (c) For persons who are initially hired by the State on or after January 1, 2010, and who retire with at least 5 years of service credit, which must include state service and may include local governmental service, who do not have at least 15 years of service credit to qualify under paragraph (b) as a result of a disability for which disability benefits are received under the Public Employees’ Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education, and who have participated in the Program on a continuous basis since their retirement from such employment:

             (1) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.

 


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             (2) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

      4.  If the amount calculated pursuant to subsection 3 exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Program Fund.

      5.  For the purposes of subsection 1:

      (a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.

      (b) No proration may be made for a partial year of state service.

      6.  The Department shall agree through the Board with the insurer for billing of remaining premiums or contributions for the retired participant and the retired participant’s dependents to the retired participant and to the retired participant’s dependents who elect to continue coverage under the Program after the retired participant’s death.

      Sec. 7.  NRS 349.080 is hereby amended to read as follows:

      349.080  The purpose of NRS 349.080 to 349.140, inclusive, is declared to be for the aid of, and not in limitation of, any act existing on March 28, 1939, or which may be enacted after March 28, 1939, providing for the payment of bonds and interest thereon which may have been or may be issued pursuant to any act of the Legislature of the State of Nevada [.] or for any other purpose authorized by the Legislature.

      Sec. 8.  NRS 353.263 is hereby amended to read as follows:

      353.263  1.  As used in this section, “emergency” means invasion, disaster, insurrection, riot, breach of the peace, substantial threat to life or property, epidemic or the imminent danger thereof. The term includes damage to or the disintegration of a building owned by this state or of the mechanical or electrical system of such a building when immediate repairs are necessary to maintain the integrity of the structure or its mechanical or electrical system.

      2.  The Emergency Account is hereby created in the State General Fund. Money for the Account must be provided by direct legislative appropriation.

      3.  When the State Board of Examiners finds that an emergency exists which requires an expenditure for which no appropriation has been made, or in excess of an appropriation made, the Board may authorize an expenditure from the Emergency Account to meet the emergency.

      4.  The State Board of Examiners may, under such circumstances as it deems appropriate, authorize its Clerk to determine whether an emergency exists and approve, on behalf of the Board, an expenditure from the Emergency Account.

      5.  The Chief shall enumerate expenditures from the Account made in the preceding biennium in each executive budget report.

      6.  Notwithstanding the provisions of this section to the contrary, money in the Emergency Account may be expended for any purpose authorized by the Legislature.

      Sec. 9.  NRS 353.266 is hereby amended to read as follows:

      353.266  1.  The Contingency Fund is hereby created as a special revenue fund. Money for the Fund must be provided by direct legislative appropriation.

 


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      2.  Money in the Contingency Fund may be allocated and expended within the limitations and in the manner provided in NRS 353.268, 353.269 and 538.650 [:] or by the Legislature directly:

      (a) For emergency use to supplement regular legislative appropriations which fail to cover unforeseen expenses;

      (b) To meet expenses pursuant to the requirements of the law; or

      (c) As provided by specific statute.

      Sec. 10.  NRS 353.2735 is hereby amended to read as follows:

      353.2735  1.  The Disaster Relief Account is hereby created as a special account in the Fund to Stabilize the Operation of the State Government. The Interim Finance Committee shall administer the Account.

      2.  The Division may accept grants, gifts or donations for deposit in the Account. Except as otherwise provided in subsection 3, money received from:

      (a) A direct legislative appropriation to the Account;

      (b) A transfer from the State General Fund in an amount equal to not more than 10 percent of the aggregate balance in the Fund to Stabilize the Operation of the State Government, excluding the aggregate balance in the Disaster Relief Account and the Emergency Assistance Subaccount, made pursuant to NRS 353.288; and

      (c) A grant, gift or donation to the Account,

Ê must be deposited in the Account. Except as otherwise provided in NRS 414.135, the interest and income earned on the money in the Account must, after deducting any applicable charges, be credited to the Account.

      3.  If, at the end of each quarter of a fiscal year, the balance in the Account exceeds 0.75 percent of the total amount of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of State Government and authorized expenditures from the State General Fund for the regulation of gaming for that fiscal year, the State Controller shall not, until the balance in the Account is 0.75 percent or less of that amount, transfer any money in the Fund to Stabilize the Operation of the State Government from the State General Fund to the Account pursuant to the provisions of NRS 353.288.

      4.  Money in the Account may be used for any purpose authorized by the Legislature or distributed through grants and loans to state agencies and local governments as provided in NRS 353.2705 to 353.2771, inclusive. Except as otherwise provided in NRS 353.276, such grants will be disbursed on the basis of reimbursement of costs authorized pursuant to NRS 353.274 and 353.2745.

      5.  If the Governor declares a disaster, the State Board of Examiners shall estimate:

      (a) The money in the Account that is available for grants and loans for the disaster pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive; and

      (b) The anticipated amount of those grants and loans for the disaster.

Ê Except as otherwise provided in this subsection, if the anticipated amount determined pursuant to paragraph (b) exceeds the available money in the Account for such grants and loans, all grants and loans from the Account for the disaster must be reduced in the same proportion that the anticipated amount of the grants and loans exceeds the money in the Account that is available for grants and loans for the disaster. If the reduction of a grant or loan from the Account would result in a reduction in the amount of money that may be received by a state agency or local government from the Federal Government, the reduction in the grant or loan must not be made.

 


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that may be received by a state agency or local government from the Federal Government, the reduction in the grant or loan must not be made.

      Sec. 11.  NRS 353.288 is hereby amended to read as follows:

      353.288  1.  The Fund to Stabilize the Operation of the State Government is hereby created as a special revenue fund. Except as otherwise provided in subsections 3 and 4, each year after the close of the previous fiscal year and before the issuance of the State Controller’s annual report, the State Controller shall transfer from the State General Fund to the Fund to Stabilize the Operation of the State Government:

      (a) Forty percent of the unrestricted balance of the State General Fund, as of the close of the previous fiscal year, which remains after subtracting an amount equal to 7 percent of all appropriations made from the State General Fund during that previous fiscal year for the operation of all departments, institutions and agencies of State Government and for the funding of schools; and

      (b) Commencing with the fiscal year that begins on July 1, 2011, 1 percent of the total anticipated revenue for the fiscal year in which the transfer will be made, as projected by the Economic Forum for that fiscal year pursuant to paragraph (e) of subsection 1 of NRS 353.228 and as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal year.

      2.  Money transferred pursuant to subsection 1 to the Fund to Stabilize the Operation of the State Government is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.

      3.  The balance in the Fund to Stabilize the Operation of the State Government, excluding the aggregate balance in the Disaster Relief Account and the Emergency Assistance Subaccount, must not exceed 20 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be transferred to the Fund to Stabilize the Operation of the State Government.

      4.  Except as otherwise provided in this subsection and NRS 353.2735, beginning with the fiscal year that begins on July 1, 2003, the State Controller shall, at the end of each quarter of a fiscal year, transfer from the State General Fund to the Disaster Relief Account created pursuant to NRS 353.2735 an amount equal to not more than 10 percent of the aggregate balance in the Fund to Stabilize the Operation of the State Government during the previous quarter, excluding the aggregate balance in the Disaster Relief Account and the Emergency Assistance Subaccount created pursuant to NRS 414.135. The State Controller shall not transfer more than $500,000 for any quarter pursuant to this subsection.

      5.  The Chief of the Budget Division of the Department of Administration may submit a request to the State Board of Examiners to transfer money from the Fund to Stabilize the Operation of the State Government to the State General Fund:

      (a) If the total actual revenue of the State falls short by 5 percent or more of the total anticipated revenue for the biennium in which the transfer will be made, as determined by the Legislature, or the Interim Finance Committee if the Legislature is not in session; or

 


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      (b) If the Legislature, or the Interim Finance Committee if the Legislature is not in session, and the Governor declare that a fiscal emergency exists.

      6.  The State Board of Examiners shall consider a request made pursuant to subsection 5 and shall, if it finds that a transfer should be made, recommend the amount of the transfer to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.

      7.  If the Interim Finance Committee finds that a transfer recommended by the State Board of Examiners should and may lawfully be made, the Committee shall by resolution establish the amount and direct the State Controller to transfer that amount to the State General Fund. The State Controller shall thereupon make the transfer.

      8.  In addition to the manner of allocation authorized pursuant to subsections 5, 6 and 7, the money in the Fund to Stabilize the Operation of the State Government may be allocated directly by the Legislature to be used for any other purpose.

      Sec. 12.  NRS 354.721 is hereby amended to read as follows:

      354.721  1.  The Severe Financial Emergency Fund is hereby created in the State Treasury as a revolving fund. The Executive Director shall administer the Fund.

      2.  The money in the Fund must be invested as other state funds are invested. Any interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund.

      3.  [The Executive Director may distribute the money] Money in the Severe Financial Emergency Fund may be:

      (a) Distributed by the Executive Director as a loan to a local government for the purpose of paying the operating expenses of the local government until the local government receives revenues if:

      [(a)] (1) The Department takes over the management of a local government pursuant to NRS 354.685 to 354.725, inclusive;

      [(b)] (2) The Executive Director determines that a loan from the Severe Financial Emergency Fund is necessary to pay the operating expenses of the local government; and

      [(c)] (3) The local government adopts a resolution in which the local government agrees to:

             [(1)] (I) Use the money only for the purpose of paying the operating expenses of the local government until the local government receives revenues; and

             [(2)] (II) Repay the entire amount of the loan, without any interest, to the Severe Financial Emergency Fund as soon as practicable, but not later than 12 months after the date on which the resolution is adopted.

      (b) Used for any other purpose authorized by the Legislature.

      4.  A loan approved by the Executive Director must be repaid as soon as practicable by the local government, but the duration of the loan must not exceed 12 months after the date on which the loan was made. The Executive Director shall not charge interest on a loan made pursuant to this section.

      5.  The Executive Director shall report to the Committee on Local Government Finance and to the Nevada Tax Commission as soon as practicable after the date that the loan is approved concerning:

 


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      (a) The status of the loan;

      (b) The purposes for which the local government will use the money from the loan; and

      (c) The resources that the local government will use to repay the loan.

      Sec. 13.  NRS 355.220 is hereby amended to read as follows:

      355.220  1.  The Retirement Benefits Investment Board is hereby created. The membership of the Board consists of the members of the Public Employees’ Retirement Board, who shall serve in that capacity ex officio and without any additional compensation.

      2.  The Board shall establish and administer a fund to be known as the Retirement Benefits Investment Fund for the investment of money deposited with the Board pursuant to subsection [5] 6 or NRS 287.017. Any money received by the Board pursuant to subsection [5] 6 or NRS 287.017 shall be deemed to be held for investment purposes only and not in any fiduciary capacity. Any money in the Fund must be invested in the same manner as money in the Public Employees’ Retirement Fund is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      3.  Money in the Fund may be transferred to the State Retirees’ Health and Welfare Benefits Fund created by NRS 287.0436 to be used for the purposes specified in NRS 287.0436.

      4.  The Board may assess reasonable charges against the Fund for the payment of its expenses in administering the Fund. [No] Except as otherwise provided in subsection 3, no other money may be withdrawn from the Fund except as directed by the board responsible for that money pursuant to subsection [5] 6 or NRS 287.017, as applicable.

      [4.] 5.  Except as otherwise provided in this section, the Board has the same powers and duties in carrying out the provisions of this section as those pertaining to the administration of the Public Employees’ Retirement Fund by the Public Employees’ Retirement Board. The Retirement Benefits Investment Board may employ such staff and contract for the provision of such management, investment and other services, including, without limitation, the services of accountants, actuaries, attorneys and investment managers, as are necessary for the administration of the Fund and to carry out the provisions of this section.

      [5.] 6.  Notwithstanding any other provision of law, the Board of the Public Employees’ Benefits Program may deposit any of the assets of the Public Employees’ Benefits Program in the Fund for purposes of investment if it obtains an opinion from its legal counsel that the investment of those assets in accordance with this section will not violate any of the provisions of Sections 9 and 10 of Article 8 of the Nevada Constitution.

      [6.] 7.  As used in this section, unless the context otherwise requires:

      (a) “Board” means the Retirement Benefits Investment Board created pursuant to this section.

      (b) “Fund” means the Retirement Benefits Investment Fund created pursuant to this section.

      Sec. 14.  NRS 396.926 is hereby amended to read as follows:

      396.926  1.  The Governor Guinn Millennium Scholarship Program is hereby created for the distribution of the Governor Guinn Millennium Scholarships in accordance with NRS 396.911 to 396.938, inclusive. The Millennium Scholarship Trust Fund is hereby created in the State Treasury.

 


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Millennium Scholarship Trust Fund is hereby created in the State Treasury. The State Treasurer may accept gifts, grants, bequests and donations for deposit in the Trust Fund.

      2.  The State Treasurer shall deposit in the Trust Fund:

      (a) Forty percent of all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products;

      (b) Forty percent of all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products; and

      (c) Any gifts, grants, bequests or donations specifically designated for the Trust Fund by the donor.

      3.  The State Treasurer shall administer the Trust Fund. As administrator of the Trust Fund, the State Treasurer, except as otherwise provided in this section:

      (a) Shall maintain the financial records of the Trust Fund;

      (b) Shall invest the money in the Trust Fund as the money in other state funds is invested;

      (c) Shall manage any account associated with the Trust Fund;

      (d) Shall maintain any instruments that evidence investments made with the money in the Trust Fund;

      (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

      (f) May perform any other duties necessary to administer the Trust Fund.

      4.  In addition to the investments authorized pursuant to paragraph (b) of subsection 3, the State Treasurer may, except as otherwise provided in subsection 5, invest the money in the Trust Fund in:

      (a) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:

             (1) The stock of the corporation is:

                   (I) Listed on a national stock exchange; or

                   (II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotations System (NASDAQ);

             (2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;

             (3) The maximum investment in stock is not greater than 25 percent of the book value of the total investments of the Trust Fund;

             (4) Except for investments made pursuant to paragraph (c), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the Trust Fund; and

             (5) Except for investments made pursuant to paragraph (c), the total amount of shares owned by the Trust Fund is not greater than 5 percent of the outstanding stock of a single corporation.

      (b) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the State Treasurer as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the Trust Fund.

 


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      (c) Mutual funds or common trust funds that consist of any combination of the investments authorized pursuant to paragraph (b) of subsection 3 and paragraphs (a) and (b) of this subsection.

      5.  The State Treasurer shall not invest any money in the Trust Fund pursuant to subsection 4 unless the State Treasurer obtains a judicial determination that the proposed investment or category of investments will not violate the provisions of Section 9 of Article 8 of the Constitution of the State of Nevada. The State Treasurer shall contract for the services of independent contractors to manage any investments of the State Treasurer made pursuant to subsection 4. The State Treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.

      6.  All interest and income earned on the money in the Trust Fund must, after deducting any applicable charges, be credited to the Trust Fund. All claims against the Trust Fund must be paid as other claims against the State are paid.

      7.  Not more than 3 percent of the anticipated annual revenue to the State of Nevada from the settlement agreements with and civil actions against manufacturers of tobacco products anticipated for deposit in the Trust Fund may be used to pay the costs of administering the Trust Fund.

      8.  The money in the Trust Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

      9.  Money in the Trust Fund may be used [only] for the purposes set forth in NRS 396.914 to 396.934, inclusive [.] , or for any other purpose authorized by the Legislature.

      Sec. 15.  NRS 414.135 is hereby amended to read as follows:

      414.135  1.  There is hereby created the Emergency Assistance Subaccount within the Disaster Relief Account created pursuant to NRS 353.2735. Beginning with the fiscal year that begins on July 1, 1999, the State Controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the Disaster Relief Account to the Subaccount in an amount not to exceed $500,000.

      2.  The Division of Emergency Management of the Department of Public Safety shall administer the Subaccount. The Division may adopt regulations authorized by this section before, on or after July 1, 1999.

      3.  [All] Except as otherwise provided in paragraph (c), all expenditures from the Subaccount must be approved in advance by the Division. Except as otherwise provided in subsection 4, all money in the Subaccount must be expended : [solely to:]

      (a) [Provide] To provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or human-caused emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy; [and]

      (b) [Pay] To pay any actual expenses incurred by the Division for administration during a natural, technological or human-caused emergency or disaster [.] ; and

      (c) For any other purpose authorized by the Legislature.

      4.  Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the Subaccount at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the Division may, with the approval of the Interim Finance Committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this state or to a local government to:

 


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the approval of the Interim Finance Committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this state or to a local government to:

      (a) Purchase equipment or supplies required for emergency management;

      (b) Provide training to personnel related to emergency management; and

      (c) Carry out the provisions of NRS 392.600 to 392.656, inclusive.

      5.  Beginning with the fiscal year that begins on July 1, 1999, the Division shall, at the end of each quarter of a fiscal year, submit to the Interim Finance Committee a report of the expenditures made from the Subaccount for the previous quarter.

      6.  The Division shall adopt such regulations as are necessary to administer the Subaccount.

      7.  The Division may adopt regulations to provide for reimbursement of expenditures made from the Subaccount. If the Division requires such reimbursement, the Attorney General shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the Account, upon request by the Division.

      Sec. 16.  NRS 439.605 is hereby amended to read as follows:

      439.605  1.  The Trust Fund for Public Health is hereby created in the State Treasury. The State Treasurer shall deposit in the Trust Fund:

      (a) Ten percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and

      (b) Ten percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.

      2.  The State Treasurer shall administer the Trust Fund. As administrator of the Trust Fund, the State Treasurer, except as otherwise provided in this section:

      (a) Shall maintain the financial records of the Trust Fund;

      (b) Shall invest the money in the Trust Fund as the money in other state funds is invested;

      (c) Shall manage any account associated with the Trust Fund;

      (d) Shall maintain any instruments that evidence investments made with the money in the Trust Fund;

      (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

      (f) May perform any other duties necessary to administer the Trust Fund.

      3.  In addition to the investments authorized pursuant to paragraph (b) of subsection 2, the State Treasurer may, except as otherwise provided in subsection 4, invest the money in the Trust Fund in:

      (a) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:

             (1) The stock of the corporation is:

                   (I) Listed on a national stock exchange; or

                   (II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotations System (NASDAQ);

             (2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;

 


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             (3) The maximum investment in stock is not greater than 50 percent of the book value of the total investments of the Trust Fund;

             (4) Except for investments made pursuant to paragraph (c), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the Trust Fund; and

             (5) Except for investments made pursuant to paragraph (c), the total amount of shares owned by the Trust Fund is not greater than 5 percent of the outstanding stock of a single corporation.

      (b) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the State Treasurer as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the Trust Fund.

      (c) Mutual funds or common trust funds that consist of any combination of the investments authorized pursuant to paragraph (b) of subsection 2 and paragraphs (a) and (b) of this subsection.

      4.  The State Treasurer shall not invest any money in the Trust Fund pursuant to subsection 3 unless the State Treasurer obtains a judicial determination that the proposed investment or category of investments will not violate the provisions of Section 9 of Article 8 of the Constitution of the State of Nevada. The State Treasurer shall contract for the services of independent contractors to manage any investments of the State Treasurer made pursuant to subsection 3. The State Treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.

      5.  The interest and income earned on the money in the Trust Fund is hereby appropriated to the Board of Trustees of the Trust Fund for Public Health and must, after deducting any applicable charges, be credited to the Fund and accounted for separately. All claims against the Fund must be paid as other claims against the State are paid.

      6.  Only the interest and income earned on the money in the Trust Fund may be expended. Such expenditures may [only] be made for:

      (a) Grants made pursuant to NRS 439.615 for:

             (1) The promotion of public health and programs for the prevention of disease or illness;

             (2) Research on issues related to public health; and

             (3) The provision of direct health care services to children and senior citizens;

      (b) Expenses related to the operation of the Board of Trustees of the Trust Fund; [and]

      (c) Actual costs incurred by the Health Division for providing administrative assistance to the Board, but in no event may more than 2 percent of the money in the Fund be used for administrative expenses or other indirect costs [.] ; and

      (d) Any other purpose authorized by the Legislature.

      7.  The money in the Trust Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

 


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      Sec. 17.  NRS 439.620 is hereby amended to read as follows:

      439.620  1.  The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:

      (a) Fifty percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and

      (b) Fifty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.

      2.  The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:

      (a) Shall maintain the financial records of the Fund;

      (b) Shall invest the money in the Fund as the money in other state funds is invested;

      (c) Shall manage any account associated with the Fund;

      (d) Shall maintain any instruments that evidence investments made with the money in the Fund;

      (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

      (f) May perform any other duties necessary to administer the Fund.

      3.  The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.

      4.  The State Treasurer or the Department may submit to the Interim Finance Committee a request for an allocation for administrative expenses from the Fund pursuant to this section. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund must:

      (a) Not exceed 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; and

      (b) Not exceed 5 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging and Disability Services Division of the Department, to carry out its duties set forth in NRS 439.630, to administer the provisions of NRS 439.635 to 439.690, inclusive, and NRS 439.705 to 439.795, inclusive.

Ê For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.

      5.  The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

      6.  All money that is deposited or paid into the Fund is hereby appropriated to be used for any purpose authorized by the Legislature or by the Department for expenditure or allocation in accordance with the provisions of NRS 439.630. Money expended from the Fund must not be used to supplant existing methods of funding that are available to public agencies.

 


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      Sec. 18.  NRS 445B.590 is hereby amended to read as follows:

      445B.590  1.  The Account for the Management of Air Quality is hereby created in the State General Fund, to be administered by the Department.

      2.  Money in the Account for the Management of Air Quality must be expended : [only:]

      (a) To carry out and enforce the provisions of NRS 445B.100 to 445B.640, inclusive, and of any regulations adopted pursuant to those sections, including, without limitation, the direct and indirect costs of:

             (1) Preparing regulations and recommendations for legislation regarding those provisions;

             (2) Furnishing guidance for compliance with those provisions;

             (3) Reviewing and acting upon applications for operating permits;

             (4) Administering and enforcing the terms and conditions of operating permits;

             (5) Monitoring emissions and the quality of the ambient air;

             (6) Preparing inventories and tracking emissions;

             (7) Performing modeling, analyses and demonstrations; and

             (8) Establishing and administering a program for the provision of assistance, pursuant to 42 U.S.C. § 7661f, to small businesses operating stationary sources; [and]

      (b) In any other manner required as a condition to the receipt of federal money for the purposes of NRS 445B.100 to 445B.640, inclusive [.] ; and

      (c) For any other purpose authorized by the Legislature.

      3.  All interest earned on the money in the Account for the Management of Air Quality must be credited to the Account. Claims against the Account for the Management of Air Quality must be paid as other claims against the State are paid.

      Sec. 19.  NRS 458A.090 is hereby amended to read as follows:

      458A.090  1.  The Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling is hereby created in the State General Fund. The Director shall administer the Account.

      2.  Except as otherwise provided in this subsection, the money in the Account must be expended [only to] :

      (a) To award grants of money or contracts for services to state agencies and other political subdivisions of the State or to organizations or educational institutions to provide programs for the prevention and treatment of problem gambling or to provide services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance. The Director may use not more than 10 percent of the money in the Account to administer the Account.

      (b) For any other purpose authorized by the Legislature.

      3.  The existence of the Account does not create a right in any state agency or other political subdivision of the State or in any organization or educational institution to receive money from the Account.

      4.  On or before January 31 of each year, the Director shall submit to the Director of the Legislative Counsel Bureau a written report concerning any grants of money or contracts for services awarded pursuant to this section during the previous year.

      Sec. 20.  NRS 459.231 is hereby amended to read as follows:

      459.231  1.  There is hereby created as a special revenue fund in the State Treasury a Fund for the Care of Sites for the Disposal of Radioactive Waste.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 19 (Chapter 3, AB 3)ê

 

Waste. The Director of the Department of Health and Human Services is responsible for the administration of the Fund. All money held by the State Treasurer or received by the Director for that purpose must be deposited in the Fund.

      2.  The money in the Fund must be invested as other state funds are invested. All interest earned on the deposit or investment of the money in the Fund must be credited to the Fund, except that all interest earned on the money in the Account created pursuant to section 5 of chapter 374, Statutes of Nevada 1961, must be credited to that Account.

      3.  The Director may expend the annual income from the Fund for the purpose for which the Fund is created, and any income of the Fund which is unexpended at the end of any year must be added to the principal of the Fund. Except as otherwise provided in section 5 of chapter 374, Statutes of Nevada 1961, the principal of the Fund may be expended if approved by the Legislature when in regular session or by the Interim Finance Committee when the Legislature is not in session. Claims against the Fund must be paid as other claims against the State are paid.

      4.  Notwithstanding the provisions of this section to the contrary, money in the Fund may be expended for any purpose authorized by the Legislature.

      Sec. 21.  NRS 459.535 is hereby amended to read as follows:

      459.535  1.  Except as otherwise provided in NRS 459.537 and subsection 2 of this section, the money in the Account for the Management of Hazardous Waste may be expended only to pay the costs of:

      (a) The continuing observation or other management of hazardous waste;

      (b) Establishing and maintaining a program of certification of consultants involved in the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks or the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance;

      (c) Training persons to respond to accidents or other emergencies related to hazardous materials, including any basic training by the State Fire Marshal which is necessary to prepare personnel for advanced training related to hazardous materials;

      (d) Establishing and maintaining a program by the Public Utilities Commission of Nevada to inspect and otherwise ensure the safety of any shipment of hazardous materials transported by rail car through or within the State; and

      (e) Financial incentives and grants made in furtherance of the program developed pursuant to paragraph (c) of subsection 2 of NRS 459.485 for the minimization, recycling and reuse of hazardous waste.

      2.  Money in the Account for the Management of Hazardous Waste may be expended to provide matching money required as a condition of any federal grant for the purposes of NRS 459.800 to 459.856, inclusive [.] , or for any other purpose authorized by the Legislature.

      Sec. 22.  NRS 459.735 is hereby amended to read as follows:

      459.735  1.  The Contingency Account for Hazardous Materials is hereby created in the State General Fund.

      2.  The Commission shall administer the Contingency Account for Hazardous Materials . [and, except] Except as otherwise provided in subsection 4, the money in the Account may be expended [only] for:

 


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      (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;

      (b) Carrying out the provisions of 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.;

      (c) Maintaining and supporting the operations of the Commission and local emergency planning committees;

      (d) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials; [and]

      (e) The operation of training programs and a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045 [.] ; and

      (f) Any other purpose authorized by the Legislature.

      3.  All money received by this State pursuant to 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with the State Treasurer to the credit of the Contingency Account for Hazardous Materials. In addition, all money received by the Commission from any source must be deposited with the State Treasurer to the credit of the Contingency Account for Hazardous Materials. The State Controller shall transfer from the Contingency Account to the Operating Account of the State Fire Marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the State Fire Marshal for use pursuant to paragraph (e) of subsection 2.

      4.  Any fees deposited with the State Treasurer for credit to the Contingency Account for Hazardous Materials pursuant to subsection 5 of NRS 482.379365 must be accounted for separately and must be expended [solely] to provide financial assistance to this State or to local governments in this State to support preparedness to combat terrorism, including, without limitation, planning, training and purchasing supplies and equipment [.] , or for any other purpose authorized by the Legislature.

      5.  Upon the presentation of budgets in the manner required by law, money to support the operation of the Commission pursuant to this chapter, other than its provision of grants, must be provided by direct legislative appropriation from the State Highway Fund or other legislative authorization to the Contingency Account for Hazardous Materials.

      6.  The interest and income earned on the money in the Contingency Account for Hazardous Materials, after deducting any applicable charges, must be credited to the Account.

      7.  All claims against the Contingency Account for Hazardous Materials must be paid as other claims against the State are paid.

      Sec. 23.  NRS 463.385 is hereby amended to read as follows:

      463.385  1.  In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this State an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.

      2.  The Commission shall:

      (a) Collect the tax annually on or before June 30, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.

      (b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 21 (Chapter 3, AB 3)ê

 

      (c) Include the proceeds of the tax in its reports of state gaming taxes collected.

      3.  Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any slot machine that is operated on the premises of a licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.

      4.  The Commission shall pay over the tax as collected to the State Treasurer to be deposited to the credit of the State Distributive School Account in the State General Fund, and the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education, which are hereby created in the State Treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section [.] , or for any other purpose authorized by the Legislature.

      5.  During each fiscal year, the State Treasurer shall deposit the tax paid over to him or her by the Commission as follows:

      (a) The first $5,000,000 of the tax in the Capital Construction Fund for Higher Education;

      (b) Twenty percent of the tax in the Special Capital Construction Fund for Higher Education; and

      (c) The remainder of the tax in the State Distributive School Account in the State General Fund.

      6.  There is hereby appropriated from the balance in the Special Capital Construction Fund for Higher Education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, at page 1503, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, and the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997, at page 3106. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the Capital Construction Fund for Higher Education. The balance remaining unappropriated in the Capital Construction Fund for Higher Education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the State General Fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the Nevada System of Higher Education an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 22 (Chapter 3, AB 3)ê

 

the refunding bonds must be used for that purpose from the amount appropriated. The amount equal to the saving realized in that fiscal year from the refunding must be used by the Nevada System of Higher Education to defray, in whole or in part, the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.

      7.  After the requirements of subsection 6 have been met for each fiscal year, when specific projects are authorized by the Legislature, money in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education must be transferred by the State Controller and the State Treasurer to the State Public Works Board for the construction of capital improvement projects for the Nevada System of Higher Education, including, but not limited to, capital improvement projects for the community colleges of the Nevada System of Higher Education. As used in this subsection, “construction” includes, but is not limited to, planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either Fund at the end of a fiscal year does not revert to the State General Fund but remains in those Funds for authorized expenditure.

      8.  The money deposited in the State Distributive School Account in the State General Fund under this section must be apportioned as provided in NRS 387.030 among the several school districts and charter schools of the State at the times and in the manner provided by law.

      9.  The Board of Regents of the University of Nevada may use any money in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the Legislature.

      Sec. 24.  NRS 486.372 is hereby amended to read as follows:

      486.372  1.  The Director shall:

      (a) Establish the Program.

      (b) Appoint an Administrator to carry out the Program.

      (c) Consult regularly with the Advisory Committee for Motorcycle Safety concerning the content and implementation of the Program.

      (d) Approve courses of instruction provided by public or private organizations which comply with the requirements established for the Program.

      (e) Adopt rules and regulations which are necessary to carry out the Program.

      2.  The Director may contract for the provision of services necessary for the Program.

      3.  The money in the Account for the Program for the Education of Motorcycle Riders may be used [only to] :

      (a) To pay the expenses of the Program, including reimbursement to instructors licensed pursuant to NRS 486.375 for services provided for the Program [.] ; or

      (b) For any other purpose authorized by the Legislature.

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

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 23 (Chapter 3, AB 3)ê

 

      Sec. 25.  NRS 561.385 is hereby amended to read as follows:

      561.385  1.  The Agriculture Registration and Enforcement Account is hereby created in the State General Fund for the use of the Department.

      2.  The following fees must be deposited in the Agriculture Registration and Enforcement Account:

      (a) Except as otherwise provided in NRS 586.270, fees collected pursuant to the provisions of NRS 586.010 to 586.450, inclusive.

      (b) Fees collected pursuant to the provisions of chapter 588 of NRS.

      (c) Fees collected pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

      (d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive.

      (e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 588 of NRS.

      (f) Laboratory fees collected for the analysis and testing of petroleum products or motor vehicle fuel, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.010 to 590.150, inclusive.

      (g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

      3.  Expenditures from the Agriculture Registration and Enforcement Account may be made [only] to carry out the provisions of this chapter, NRS 555.2605 to 555.460, inclusive, or chapters 586, 588 and 590 of NRS [.] or for any other purpose authorized by the Legislature.

      Sec. 26.  NRS 584.053 is hereby amended to read as follows:

      584.053  1.  There is hereby created in the State Treasury a special revenue fund designated as the Dairy Commission Fund. Except as otherwise required in NRS 584.670, all money received by the Commission pursuant to the provisions of this chapter must be paid into the Fund and must be expended [solely] for the administration and enforcement of the provisions of this chapter [.] or for any other purpose authorized by the Legislature.

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

      Sec. 27.  NRS 612.615 is hereby amended to read as follows:

      612.615  1.  There is hereby created the Employment Security Fund as a special revenue fund.

      2.  All interest and forfeits collected under NRS 612.618 to 612.675, inclusive, and 612.740 must be paid into the Fund.

      3.  All money which is deposited or paid into the Fund is hereby appropriated and made available to the Administrator [.] or for any other purpose authorized by the Legislature. The money may not be expended or made available for expenditure in any manner which would permit its substitution for, or a corresponding reduction in, federal payments which would, in the absence of this money, be available to finance expenditures for the administration of the employment security laws of the State of Nevada.

      4.  This section does not prevent this money from being used as a revolving fund to cover expenditures, necessary and proper under the law, for which federal payments have been duly requested but not yet received, subject to the repayment to the Fund of such expenditures when received.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 24 (Chapter 3, AB 3)ê

 

      5.  The money in this Fund available to the Administrator must be used by the Administrator for the payment of costs of:

      (a) Administration which are found not to have been properly and validly chargeable against federal grants received for or in the Unemployment Compensation Administration Fund; or

      (b) Any program or the implementation of procedures deemed necessary by the Administrator to ensure the proper payment of benefits and collection of contributions and reimbursements pursuant to this chapter [.] or for any other purpose authorized by the Legislature.

      6.  Any balances in this Fund do not lapse at any time, but are continuously available to the Administrator for expenditure consistent with this chapter.

      7.  Money in this Fund must not be commingled with other state money, but must be maintained in a separate account on the books of the depositary.

      Sec. 28.  NRS 624.580 is hereby amended to read as follows:

      624.580  1.  There is hereby created a Construction Education Account as a separate account within the State General Fund.

      2.  Money deposited in the Account must be used:

      (a) [Solely for] For the purposes of construction education and to pay the costs of the Commission on Construction Education as described in accordance with subsection 3 [; and

      (b) In] , and in addition to any other money provided for construction education from any other source [.] ; or

      (b) For any other purpose authorized by the Legislature.

      3.  The Commission on Construction Education shall administer the Construction Education Account and , except as otherwise provided in paragraph (b) of subsection 2, shall disburse the money in the Account as follows:

      (a) At least 95 percent of the money deposited in the Account must be used to fund programs of education which relate to building construction and which the Commission on Construction Education determines qualify for grants; and

      (b) Not more than 5 percent of the money deposited in the Account may be reserved for operating expenses incurred by the Commission on Construction Education pursuant to this section.

      4.  The unexpended and unencumbered balance, if any, remaining in the Construction Education Account at the end of each fiscal year, must remain in the Account.

      Sec. 29.  NRS 645.842 is hereby amended to read as follows:

      645.842  1.  The Real Estate Education, Research and Recovery Fund is hereby created as a special revenue fund.

      2.  A balance of not less than $300,000 must be maintained in the Fund, to be used for satisfying claims against persons licensed under this chapter, as provided in NRS 645.841 to 645.8494, inclusive. Any balance over $300,000 remaining in the Fund at the end of any fiscal year must be set aside and used [by] :

      (a) By the Administrator, after approval of the Commission, for real estate education and research [.] ; or

      (b) For any other purpose authorized by the Legislature.

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

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 25 (Chapter 3, AB 3)ê

 

      Sec. 30.  NRS 658.055 is hereby amended to read as follows:

      658.055  1.  The Commissioner may appoint deputy commissioners of financial institutions, examiners, assistants, clerks, stenographers and other employees necessary to assist the Commissioner in the performance of the Commissioner’s duties pursuant to this title, title 56 of NRS or any other law. These employees shall perform such duties as are assigned to them by the Commissioner.

      2.  The Commissioner shall employ a certified public accountant to review and conduct independent audits and examinations of financial institutions. The Commissioner shall levy an assessment upon each licensed financial institution to cover all of the costs related to the employment of the certified public accountant and the performance of the audits and examinations.

      3.  Assessments collected by the Commissioner pursuant to subsection 2 must be deposited in the State Treasury for credit to the Account for Auditing Financial Institutions, which is hereby created in the State General Fund. [The Commissioner shall use the money] Money in the Account [, and] may be used by the Commissioner or for any purpose authorized by the Legislature. The Commissioner may advance money from the Account, for the purposes specified in subsection 2.

      Sec. 31.  NRS 679B.300 is hereby amended to read as follows:

      679B.300  1.  The Insurance Examination Fund is hereby created as a special revenue fund. All money received by the Commissioner pursuant to NRS 679B.290 must be deposited in the State Treasury for credit to the Fund.

      2.  Money for travel, per diem, compensation and other necessary and authorized expenses incurred by an examiner or other representative of the Division in the examination of any person required to pay, and making payment of, the expense of examination pursuant to NRS 679B.290 must be paid out of the Insurance Examination Fund as other claims against the State are paid.

      3.  Money in the Insurance Examination Fund may be expended for any other purpose authorized by the Legislature.

      Sec. 32.  NRS 679B.305 is hereby amended to read as follows:

      679B.305  1.  There is hereby created the Insurance Recovery Account in the State General Fund. The Commissioner shall promptly deposit with the State Treasurer for credit to the Account all recovery fees received from licensees pursuant to the provisions of this title.

      2.  A balance of not more than $40,000 must be maintained in the Account to be used for satisfying claims against persons licensed pursuant to chapters 683A, 684A, 685A and 692A of NRS. Any balance over $40,000 in the Account at the end of any fiscal year must be set aside and used by the Commissioner for insurance education and research [.] or for any other purpose authorized by the Legislature.

      3.  The Commissioner shall adopt reasonable regulations for the administration of the Account, including the manner, time, procedure and grounds for recovery against the Account.

      4.  The limit of liability of the insurance recovery account is $5,000 per fiscal year for any one licensee.

      Sec. 33.  NRS 694C.460 is hereby amended to read as follows:

      694C.460  1.  There is hereby created in the State General Fund an Account for the Regulation and Supervision of Captive Insurers. Money in the Account must be used only to carry out the provisions of this chapter [.]

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 26 (Chapter 3, AB 3)ê

 

the Account must be used only to carry out the provisions of this chapter [.] or for any other purpose authorized by the Legislature. Except as otherwise provided in NRS 680C.110 and 694C.450, all fees and assessments received by the Commissioner or Division pursuant to this chapter must be credited to the Account. Not more than 2 percent of the tax collected and deposited in the Account pursuant to NRS 694C.450, may, upon application by the Division or an agency for economic development to, and with the approval of, the Interim Finance Committee, be transferred to an agency for economic development to be used by that agency to promote the industry of captive insurance in this State.

      2.  Except as otherwise provided in this section, all payments from the Account for the maintenance of staff and associated expenses, including contractual services, as necessary, must be disbursed from the State Treasury only upon warrants issued by the State Controller, after receipt of proper documentation of the services rendered and expenses incurred.

      3.  At the end of each fiscal year, that portion of the balance in the Account which exceeds $500,000 must be transferred to the State General Fund.

      4.  The State Controller may anticipate receipts to the Account and issue warrants based thereon.

      Sec. 34.  NRS 703.147 is hereby amended to read as follows:

      703.147  1.  The Public Utilities Commission Regulatory Fund is hereby created as a special revenue fund. Except as otherwise provided in NRS 702.170 and 704.7828, all money collected by the Commission pursuant to law must be deposited in the State Treasury for credit to the Fund. Money collected for the use of the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General must be transferred pursuant to the provisions of subsection 8 of NRS 704.035.

      2.  Money in the Fund which belongs to the Commission may be used [only to] :

      (a) To defray the costs of:

      [(a)] (1) Maintaining staff and equipment to regulate adequately public utilities and other persons subject to the jurisdiction of the Commission.

      [(b)] (2) Participating in all rate cases involving those persons.

      [(c)] (3) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that regulation and participation.

      [(d)] (4) The salaries, travel expenses and subsistence allowances of the members of the Commission.

      (b) For any other purpose authorized by the Legislature.

      3.  All claims against the Fund must be paid as other claims against the State are paid.

      4.  The Commission must furnish upon request a statement showing the balance remaining in the Fund as of the close of the preceding fiscal year.

      Sec. 35.  Section 5 of chapter 432, Statutes of Nevada 2005, at page 1933, is hereby amended to read as follows:

       Sec. 5.  1.  Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after January 31, 2006, and must be reverted to the State General Fund on or before September 15, 2006.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 27 (Chapter 3, AB 3)ê

 

       2.  The Division of Emergency Management of the Department of Public Safety shall establish a revolving account within the State General Fund for grants to persons who own and occupy homes damaged by a disaster.

       3.  Except as otherwise provided in this subsection, any remaining balance reverted to the State General Fund pursuant to subsection 1 must be deposited in the revolving account established by subsection 2 and is appropriated for use by the Division in making grants to persons who own and occupy homes damaged by a disaster [.] or for any other purpose authorized by the Legislature. Not more than $5,000,000 may be deposited in the revolving account and appropriated as described in this subsection.

      Sec. 36.  Section 48 of chapter 388, Statutes of Nevada 2009, at page 2119, is hereby amended to read as follows:

       Sec. 48.  1.  The sums appropriated to the Department of Corrections by section 23 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.

       2.  In addition to transfers made pursuant to sections 46 and 47 of this act, the sums appropriated to the Department of Health and Human Services by section 20 of this act may be transferred among the various budget accounts of the Department of Health and Human Services in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.

      Sec. 37.  Notwithstanding any other provision of law to the contrary, upon approval of the Chief of the Budget Division of the Department of Administration, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, revisions in the following work programs must be processed and carried out, as soon as practicable, without further legislative approval:

      1.  For the work program for Budget Account 101-4551, State Department of Agriculture - Weights and Measures, by transferring $450,000 to Category 93, Reserve for Reversion, within that Account.

      2.  For the work program for Budget Account 101-4537, State Department of Agriculture - Gas Pollution Standards, by transferring $250,000 to Category 93, Reserve for Reversion, within that Account.

      3.  For the work program for Budget Account 101-2366, Budget and Planning Division of the Department of Administration - Controlled Substance Grants, by transferring $3,796 to Category 93, Reserve for Reversion, within that Account.

      4.  For the work program for Budget Account 101-4220, Commission on Mineral Resources - Bond Reclamation, by transferring $427,817 to Category 93, Reserve for Reversion, within that Account.

      5.  For the work program for Budget Account 101-6201, Commission on Mineral Resources - Cash Pooled Bond Investments, by transferring $138,557 to Category 93, Reserve for Reversion, within that Account.

      6.  For the work program for Budget Account 101-2706, Department of Education - Discretionary Grants - Unrestricted, by transferring $300,000 to Category 93, Reserve for Reversion, within that Account.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 28 (Chapter 3, AB 3)ê

 

      7.  For the work program for Budget Account 101-4709, Department of Public Safety - Central Repository for Nevada Records of Criminal History, by transferring $1,000,000 to Category 93, Reserve for Reversion, within that Account.

      8.  For the work program for Budget Account 101-4703, Department of Public Safety - Forfeitures, by transferring $55,729 to Category 93, Reserve for Reversion, within that Account.

      9.  For the work program for Budget Account 615-6069, Department of Taxation - Department of Taxation Bonds, by transferring $16,777,612 to Category 93, Reserve for Reversion, within that Account.

      10.  For the work program for Budget Account 101-4218, Division of Water Resources of the State Department of Conservation and Natural Resources - Flood Repairs and Disaster Relief, by transferring $50,000 to Category 93, Reserve for Reversion, within that Account.

      11.  For the work program for Budget Account 101-3188, Division of Environmental Protection of the State Department of Conservation and Natural Resources - Mining Regulation and Reclamation, by transferring $82,752 to Category 93, Reserve for Reversion, within that Account.

      12.  For the work program for Budget Account 101-3835, Division of Financial Institutions of the Department of Business and Industry - Financial Institutions, by transferring $250,000 to Category 93, Reserve for Reversion, within that Account.

      13.  For the work program for Budget Account 101-4547, Health Division of the Department of Health and Human Services - Marijuana Health Registry, by transferring $267,293 to Category 93, Reserve for Reversion, within that Account.

      14.  For the work program for Budget Account 101-6190, Division of State Parks of the State Department of Conservation and Natural Resources - Performance Guarantees, by transferring $2,062 to Category 93, Reserve for Reversion, within that Account.

      15.  For the work program for Budget Account 101-3774, Peace Officers’ Standards and Training Commission - Peace Officers’ Standards and Training, by transferring $62,282 to Category 93, Reserve for Reversion, within that Account.

      16.  For the work program for Budget Account 101-1050, Secretary of State’s Office - Secretary of State, by transferring $975,000 to Category 93, Reserve for Reversion, within that Account.

      17.  For the work program for Budget Account 101-1005, Agency for Nuclear Projects - High Level Nuclear Waste, by transferring $57,563 to Category 93, Reserve for Reversion, within that Account.

      18.  For the work program for Budget Account 101-3824, Division of Insurance of the Department of Business and Industry - Insurance Education and Research, by transferring $250,000 to Category 93, Reserve for Reversion, within that Account.

      19.  For the work program for Budget Account 101-3952, Nevada Athletic Commission - Nevada Athletic Commission, by transferring $29,500 to Category 93, Reserve for Reversion, within that Account.

      20.  For the work program for Budget Account 201-4689, Department of Public Safety - Bicycle Safety Program, by transferring $46,611 to Category 93, Reserve for Reversion, within that Account.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 29 (Chapter 3, AB 3)ê

 

      21.  For the work program for Budget Account 409-1510, State Public Works Board - NSHE CIP Projects, by transferring $2,157,462 to Category 93, Reserve for Reversion, within that Account.

      22.  For the work program for Budget Account 409-1517, State Public Works Board - UNLV CIP Project - UNR SMEC, by transferring $250,000 to Category 93, Reserve for Reversion, within that Account.

      23.  For the work program for Budget Account 410-1558, State Public Works Board - SPWB General CIP Projects, by transferring $3,290,325 to Category 93, Reserve for Reversion, within that Account.

      24.  For the work program for Budget Account 410-1561, State Public Works Board - SPWB Gen. CIP - Fire Safety, by transferring $227,242 to Category 93, Reserve for Reversion, within that Account.

      25.  For the work program for Budget Account 466-1565, State Public Works Board - Prisons CIP Projects, by transferring $378,807 to Category 93, Reserve for Reversion, within that Account.

      26.  For the work program for Budget Account 468-1566, State Public Works Board - Military CIP Projects - LVRC, by transferring $617,578 to Category 93, Reserve for Reversion, within that Account.

      27.  For the work program for Budget Account 101-4883, State Board of Examiners - General Fund Salary Adjustment, by transferring $1,359,834 to Category 93, Reserve for Reversion, within that Account.

      Sec. 38.  The State Controller shall transfer the sum of $800,000 from the Agriculture Registration and Enforcement Account created by NRS 561.385 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 39.  The State Controller shall transfer the sum of $500,000 from the Account for the Bureau of Consumer Protection created by NRS 228.340 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 40.  The State Controller shall transfer the sum of $200,000 from the Emergency Account created by NRS 353.263 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 41.  The State Controller shall transfer the sum of $10,908 from the Graffiti Reward Fund created by NRS 206.340 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 42.  The State Controller shall transfer the sum of $632,516 from the Fund to Stabilize the Operation of the State Government created by NRS 353.288 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 43.  The State Controller shall transfer the sum of $128,647 from the Construction Education Account created by NRS 624.580 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 30 (Chapter 3, AB 3)ê

 

to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 44.  The State Controller shall transfer the sum of $948,000 from the Fund for New Construction of Facilities for Prison Industries created by NRS 209.192 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 45.  The State Controller shall transfer the sum of $520,429 from the Contingency Account for Hazardous Materials created by NRS 459.735 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 46.  The State Controller shall transfer the sum of $500,000 from the Emergency Assistance Subaccount within the Disaster Relief Account created by NRS 414.135 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 47.  The State Controller shall transfer the sum of $476,000 from the revolving account within the State General Fund established pursuant to section 5 of chapter 432, Statutes of Nevada 2005, at page 1933, by the Division of Emergency Management of the Department of Public Safety to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 48.  The State Controller shall transfer the sum of $126,418 from the Account for the Program for the Education of Motorcycle Riders created by NRS 486.372 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 49.  The State Controller shall transfer the sum of $225,000 from the Severe Financial Emergency Fund created by NRS 354.721 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 50.  The State Controller shall transfer the sum of $6,500,000 from the Employment Security Fund created by NRS 612.615 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 51.  The State Controller shall transfer the sum of $382,496 from the Account for the Management of Hazardous Waste created by NRS 459.530 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 52.  The State Controller shall transfer the sum of $184,464 from the Account for the Management of Air Quality created by NRS 445B.590 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 31 (Chapter 3, AB 3)ê

 

Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 53.  The State Controller shall transfer the sum of $150,000 from the Account for Auditing Financial Institutions created by NRS 658.055 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 54.  The State Controller shall transfer the sum of $600,000 from the Insurance Examination Fund created by NRS 679B.300 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 55.  The State Controller shall transfer the sum of $400,000 from the Account for the Regulation and Supervision of Captive Insurers created by NRS 694C.460 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 56.  The State Controller shall transfer the sum of $100,000 from the Insurance Recovery Account created by NRS 679B.305 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 57.  The State Controller shall transfer the sum of $22,206,295 from the Contingency Fund created by NRS 353.266 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 58.  The State Controller shall transfer the sum of $4,000,000 from the Disaster Relief Account in the Fund to Stabilize the Operation of the State Government created by NRS 353.2735 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 59.  The State Controller shall transfer the sum of $1,000,000 from the Public Utilities Commission Regulatory Fund created by NRS 703.147 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 60.  The State Controller shall transfer the sum of $200,000 from the Real Estate Education and Research Account in the Real Estate Education, Research and Recovery Fund created by NRS 645.842 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 61.  The State Controller shall transfer the sum of $100,000 from the Real Estate Recovery Account in the Real Estate Education, Research and Recovery Fund created by NRS 645.842 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 32 (Chapter 3, AB 3)ê

 

Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 62.  The State Controller shall transfer the sum of $100,000 from the Notary Public Training Fund created by NRS 240.018 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 63.  The State Controller shall transfer the sum of $21,300,000 from the Fund for a Healthy Nevada created by NRS 439.620 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 64.  The State Controller shall transfer the sum of $5,922,687 from the Trust Fund for Public Health created by NRS 439.605 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 65.  The State Controller shall transfer the sum of $15,000,000 from the Consolidated Bond Interest and Redemption Fund created by NRS 349.090 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 66.  The State Controller shall transfer the sum of $8,990,050 from the Fund for the Care of Sites for the Disposal of Radioactive Waste created by NRS 459.231 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 67.  The State Controller shall transfer the sum of $350,000 from the Dairy Commission Fund created by NRS 584.053 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 68.  Notwithstanding any other provision of law to the contrary, upon approval of the Chief of the Budget Division of the Department of Administration, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, revisions in the following work programs must be processed and carried out, as soon as practicable, without further legislative approval:

      1.  For the work program for Budget Account 715-1348, Attorney General’s Office - Tort Claim Fund, by transferring $2,000,000 to Category 93, Reserve for Reversion, within that Account.

      2.  For the work program for Budget Account 101-2706, Department of Education - Discretionary Grants - Unrestricted, by transferring $300,000 to Category 93, Reserve for Reversion, within that Account.

      3.  For the work program for Budget Account 615-6069, Department of Taxation - Department of Taxation Bonds, by transferring $15,000,000 to Category 93, Reserve for Reversion, within that Account.

      4.  For the work program for Budget Account 101-1005, Agency for Nuclear Projects - High Level Nuclear Waste, by transferring $970,000 to Category 93, Reserve for Reversion, within that Account.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 33 (Chapter 3, AB 3)ê

 

      5.  For the work program for Budget Account 101-4883, State Board of Examiners - General Fund Salary Adjustment, by transferring $554,405 to Category 93, Reserve for Reversion, within that Account.

      Sec. 69.  The State Controller shall transfer the sum of $100,000 from the Account for Auditing Financial Institutions created by NRS 658.055 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 70.  The State Controller shall transfer the sum of $700,000 from the Insurance Examination Fund created by NRS 679B.300 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 71.  The State Controller shall transfer the sum of $100,000 from the Account for the Regulation and Supervision of Captive Insurers created by NRS 694C.460 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 72.  The State Controller shall transfer the sum of $2,500,000 from the Special Capital Construction Fund for Higher Education created by NRS 463.385 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 73.  The State Controller shall transfer the sum of $8,828,165 from the Fund for a Healthy Nevada created by NRS 439.620 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 74.  The State Controller shall transfer the sum of $4,839,733 from the Trust Fund for Public Health created by NRS 439.605 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 75.  The State Controller shall transfer the sum of $5,000,000 from the Millennium Scholarship Trust Fund created by NRS 396.926 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 76.  The State Controller shall transfer the sum of $14,000,000 from the Consolidated Bond Interest and Redemption Fund created by NRS 349.090 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 77.  The State Controller shall transfer the sum of $850,000 from the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling created by NRS 458A.090 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 34 (Chapter 3, AB 3)ê

 

to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 78.  The State Controller shall transfer the sum of $18,126,269 from the Contingency Fund created by NRS 353.266 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 79.  The State Controller shall transfer the sum of $24,700,000 from the Retirement Benefits Investment Fund created by NRS 355.220 to the State Retirees’ Health and Welfare Benefits Fund created by NRS 287.0436 to pay a portion of the costs for health and welfare benefits for state retirees during Fiscal Year 2010-2011.

      Sec. 80.  The provisions of this act do not apply to the extent that the provisions would constitute an impairment of the rights of holders of the bonds or similar obligations issued by the State of Nevada or a political subdivision thereof. If there are any such outstanding bonds or obligations, the State of Nevada and its officers and agencies shall take whatever actions that are deemed necessary to protect the interests of the State and the rights of the holders of the bonds and similar obligations.

      Sec. 81.  The provisions of this act shall be deemed not to reduce the amount of any appropriation as that amount is used for the purpose of establishing a base amount for any calculation that includes that appropriation.

      Sec. 82.  If any provision of this act, or the application thereof to any person, thing or circumstance, is held invalid, such invalidity shall not affect any provision or application of this act which can be given effect without the invalid provision or application, and to this end the Legislature declares that:

      1.  Each provision of this act is severable and independent;

      2.  The Legislature would have passed this act and each valid provision thereof, irrespective of the invalid provision or application; and

      3.  Each valid provision or application must be given effect to the fullest extent possible, irrespective of the invalid provision or application.

      Sec. 83.  Notwithstanding any other provision of law to the contrary, all money transferred to Category 93, Reserve for Reversion, in each budget account pursuant to section 37 of this act must, as soon as practicable, be transferred to Budget Account 101-9081, Budget Reserve, and must be reverted to the State General Fund at the close of Fiscal Year 2009-2010, not later than September 17, 2010.

      Sec. 84.  Notwithstanding any other provision of law to the contrary, transfers of money to Budget Account 101-9081, Budget Reserve, that are required pursuant to sections 38 to 67, inclusive, of this act must be made as soon as practicable when the money becomes available, and the balance of that money must be reverted to the State General Fund at the close of Fiscal Year 2009-2010, not later than September 17, 2010.

      Sec. 85.  Notwithstanding any other provision of law to the contrary, all money transferred to Category 93, Reserve for Reversion, in each budget account pursuant to section 68 of this act must, as soon as practicable, be transferred to Budget Account 101-9081, Budget Reserve, and must be reverted to the State General Fund at the close of Fiscal Year 2010-2011, not later than September 16, 2011.

      Sec. 86.  Notwithstanding any other provision of law to the contrary, transfers of money to Budget Account 101-9081, Budget Reserve, that are required pursuant to sections 69 to 79, inclusive, of this act must be made as soon as practicable when the money becomes available, and the balance of that money must be reverted to the State General Fund at the close of Fiscal Year 2010-2011, not later than September 16, 2011.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 35 (Chapter 3, AB 3)ê

 

required pursuant to sections 69 to 79, inclusive, of this act must be made as soon as practicable when the money becomes available, and the balance of that money must be reverted to the State General Fund at the close of Fiscal Year 2010-2011, not later than September 16, 2011.

      Sec. 87.  1.  The money reverted to the State General Fund at the close of Fiscal Year 2009-2010 and Fiscal Year 2010-2011 pursuant to subsection 9 of section 37 of this act and subsection 3 of section 68 of this act, respectively, remains subject to the valid claims of the person who paid the security pursuant to NRS 372.510.

      2.  If there is an insufficient amount of money in the Department of Taxation’s Account in the State Agency Fund for Bonds to pay a claim pursuant to subsection 1, the State Board of Examiners shall, upon the application of the Department of Taxation, authorize a temporary transfer from the State General Fund to the Account in an amount necessary to the pay those claims. The Department of Taxation shall repay the amount of the transfer as soon as sufficient money is available in the Account.

      Sec. 88.  Section 60 of chapter 388, Statutes of Nevada 2009, at page 2121, is hereby repealed.

      Sec. 89.  1.  This section, sections 1 to 67, inclusive, and 80 to 88, inclusive, of this act become effective upon passage and approval.

      2.  Sections 68 to 79, inclusive, of this act become effective on July 1, 2010.

      3.  Sections 1 and 6 of this act expire by limitation on June 30, 2011.

________

 

CHAPTER 4, SB 4

Senate Bill No. 4–Committee of the Whole

 

CHAPTER 4

 

AN ACT relating to health care; revising provisions governing the list of preferred prescription drugs to be used for the Medicaid program; providing exceptions for medications not included in the list of preferred prescription drugs; and providing other matters properly relating thereto.

 

[Approved: March 4, 2010]

 

Legislative Counsel’s Digest:

      Under existing law, the Department of Health and Human Services is required to develop by regulation a list of preferred prescription drugs to be used for the Medicaid program. The Department is also required to establish a list of prescription drugs that must be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs, including: (1) certain antipsychotic medications; (2) prescription drugs that are prescribed for the treatment of the human immunodeficiency virus or acquired immunodeficiency syndrome; (3) anticonvulsant medications; (4) antirejection medications for organ transplants; (5) antidiabetic medications; and (6) antihemophilic medications. (NRS 422.4025) Section 1 of this bill eliminates the requirement that antipsychotic, anticonvulsant and antidiabetic medications be on the list of drugs excluded from the restrictions. Section 1 further requires that certain medications within those classes of prescription drugs as of June 30, 2010, and certain patients receiving medications in those classes of prescription drugs as of June 30, 2010, continue to receive coverage pursuant to the Medicaid program. This bill sunsets on June 30, 2011.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 36 (Chapter 4, SB 4)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 422.4025 is hereby amended to read as follows:

      422.4025  1.  The Department shall, by regulation, develop a list of preferred prescription drugs to be used for the Medicaid program.

      2.  The Department shall, by regulation, establish a list of prescription drugs which must be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs established pursuant to subsection 1. The list established pursuant to this subsection must include, without limitation:

      (a) [Atypical and typical antipsychotic medications that are prescribed for the treatment of a mental illness of a patient who is receiving services pursuant to Medicaid;

      (b)] Prescription drugs that are prescribed for the treatment of the human immunodeficiency virus or acquired immunodeficiency syndrome, including, without limitation, protease inhibitors and antiretroviral medications;

      [(c) Anticonvulsant medications;

      (d)] (b) Antirejection medications for organ transplants;

      [(e) Antidiabetic medications;

      (f)] (c) Antihemophilic medications; and

      [(g)] (d) Any prescription drug which the Committee identifies as appropriate for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs.

      3.  The regulations must provide that the Committee makes the final determination of:

      (a) Whether a class of therapeutic prescription drugs is included on the list of preferred prescription drugs and is excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs;

      (b) Which therapeutically equivalent prescription drugs will be reviewed for inclusion on the list of preferred prescription drugs and for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs; [and]

      (c) Which prescription drugs should be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs based on continuity of care concerning a specific diagnosis, condition, class of therapeutic prescription drugs or medical specialty [.] ; and

      (d) The criteria for prescribing an atypical or typical antipsychotic medication, anticonvulsant medication or antidiabetic medication that is not on the list of preferred drugs to a patient who experiences a therapeutic failure while taking a prescription drug that is on the list of preferred prescription drugs.

      4.  Except as otherwise provided in this subsection, the list of preferred prescription drugs established pursuant to subsection 1 must include, without limitation, every therapeutic prescription drug that is classified as an anticonvulsant medication or antidiabetic medication that was covered by the Medicaid program on June 30, 2010. If a therapeutic prescription drug that is included on the list of preferred prescription drugs pursuant to this subsection is prescribed for a clinical indication other than the indication for which it was approved as of June 30, 2010, the Committee shall review the new clinical indication for that drug pursuant to the provisions of subsection 5.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 37 (Chapter 4, SB 4)ê

 

indication for which it was approved as of June 30, 2010, the Committee shall review the new clinical indication for that drug pursuant to the provisions of subsection 5.

      5.  The regulations adopted pursuant to this section must provide that each new pharmaceutical product and each existing pharmaceutical product for which there is new clinical evidence supporting its inclusion on the list of preferred prescription drugs must be made available pursuant to the Medicaid program with prior authorization until the Committee reviews the product or the evidence.

      6.  The Medicaid program must make available without prior authorization atypical and typical antipsychotic medications that are prescribed for the treatment of a mental illness, anticonvulsant medications and antidiabetic medications for a patient who is receiving services pursuant to Medicaid if the patient:

      (a) Was prescribed the prescription drug on or before June 30, 2010, and takes the prescription drug continuously, as prescribed, on and after that date;

      (b) Maintains continuous eligibility for Medicaid; and

      (c) Complies with all other requirements of this section and any regulations adopted pursuant thereto.

      Sec. 2.  The Medicaid program shall continue to cover every therapeutic prescription drug that is classified as an atypical or typical antipsychotic medication that is prescribed for the treatment of a mental illness of a patient who is receiving services pursuant to Medicaid, anticonvulsant medication or antidiabetic medication until the Department develops the lists of preferred prescription drugs in accordance with NRS 422.4025, as amended by section 1 of this act.

      Sec. 3.  The Director of the Department of Health and Human Services shall prepare a report on the status of the regulations adopted pursuant to NRS 422.4025, as amended by section 1 of this act, and the amount of money saved as a result of the amendatory provisions of this act and submit the report:

      1.  On or before December 31, 2010, to the Director of the Legislative Counsel Bureau for submission to the Legislature; and

      2.  On or before June 30, 2011, to the Interim Finance Committee and the Legislative Committee on Health Care.

      Sec. 4.  This act becomes effective on July 1, 2010, and expires by limitation on June 30, 2011.

________

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 38ê

 

CHAPTER 5, SB 2

Senate Bill No. 2–Committee of the Whole

 

CHAPTER 5

 

AN ACT relating to education; eliminating the prohibition on the use of certain accountability information concerning pupils for the evaluation of teachers and paraprofessionals; revising provisions governing the use of such information for the evaluation and discipline of teachers, paraprofessionals and other employees; and providing other matters properly relating thereto.

 

[Approved: March 10, 2010]

 

Legislative Counsel’s Digest:

      As part of Title XIV of the federal American Recovery and Reinvestment Act of 2009, $4.35 billion was set aside for the Race to the Top Fund to award competitive grants to states to implement educational reform with the goal of improving the quality of public education. (Pub. L. No. 111-5) Existing federal regulations prescribe the criteria for a state’s eligibility to submit an application for a grant from the Race to the Top Fund. Those regulations provide that “[a]t the time the State submits its application, there must not be any legal, statutory, or regulatory barriers at the State level to linking data on student achievement . . . or student growth . . . to teachers and principals for the purpose of teacher and principal evaluation.” (Overview Information, Race to the Top Fund, 74 Fed. Reg. 59841 (Nov. 18, 2009)) The United States Department of Education has developed nonbinding budget ranges which place each state into one of five categories with an estimated range of money that such a state may be eligible to receive if it is awarded a competitive grant. Nevada has been placed in Category 4, which has a budget range of $60 million-$175 million.

      Existing state law requires Nevada’s Department of Education to establish and maintain an automated system of accountability information that tracks the achievement of pupils over time and that has the capacity to identify which teachers are assigned to individual pupils. However, existing law prohibits the use of this information concerning pupils to evaluate an individual teacher or paraprofessional. (NRS 386.650) This prohibition renders Nevada ineligible to apply for a grant from the Race to the Top Fund.

      This bill removes the prohibition on the use of certain information concerning pupils to evaluate an individual teacher or paraprofessional and instead provides that such information must be considered, but must not be the sole criterion, for evaluating the performance of or taking disciplinary action against an individual teacher, paraprofessional or other employee. The effect of removing this prohibition would make Nevada eligible to apply for a competitive grant from the Race to the Top Fund.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 386.650 is hereby amended to read as follows:

      386.650  1.  The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:

      (a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

             (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and 385.347; and

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 39 (Chapter 5, SB 2)ê

 

             (2) In a separate reporting for each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361;

      (b) Include a system of unique identification for each pupil:

             (1) To ensure that individual pupils may be tracked over time throughout this State; and

             (2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the Nevada System of Higher Education, if that pupil enrolls in the System after graduation from high school;

      (c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

      (d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

      (e) Have the capacity to identify which teachers are assigned to individual pupils and which paraprofessionals, if any, are assigned to provide services to individual pupils;

      (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the designation of schools and school districts pursuant to NRS 385.3623 and 385.377, respectively, and an identification of which schools, if any, are persistently dangerous;

      (g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and

      (h) Be designed to improve the ability of the Department, school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction . [but must not be used for the purpose of evaluating an individual teacher or paraprofessional.] The information must be considered, but must not be used as the sole criterion, in evaluating the performance of or taking disciplinary action against an individual teacher, paraprofessional or other employee.

      2.  The board of trustees of each school district shall:

      (a) Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to subsection 3 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

      (b) Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to subsection 3; and

      (c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 40 (Chapter 5, SB 2)ê

 

      3.  The Superintendent of Public Instruction shall:

      (a) Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;

      (b) Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to subsection 2 and by each university school for profoundly gifted pupils;

      (c) Prescribe the format for the data;

      (d) Prescribe the date by which each school district shall report the data to the Department;

      (e) Prescribe the date by which each charter school shall report the data to the sponsor of the charter school;

      (f) Prescribe the date by which each university school for profoundly gifted pupils shall report the data to the Department;

      (g) Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

             (1) Individual pupils;

             (2) Individual teachers and paraprofessionals;

             (3) Individual schools and school districts; and

             (4) Programs and financial information;

      (h) Provide technical assistance to each school district to ensure that the data from each public school in the school district, including, without limitation, each charter school and university school for profoundly gifted pupils located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

      (i) Provide for the analysis and reporting of the data in the automated system of information.

      4.  The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

      5.  The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the Nevada System of Higher Education to provide access to data contained within the automated system for research purposes.

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

________

 


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

ê2010 Statutes of Nevada, 26th Special Session, Page 41ê

 

CHAPTER 6, AB 5

Assembly Bill No. 5–Committee of the Whole

 

CHAPTER 6

 

AN ACT relating to education; providing a temporary waiver from certain requirements governing expenditures of money for textbooks, instructional supplies, instructional software and instructional hardware by school districts, charter schools and university schools for profoundly gifted pupils; and providing other matters properly relating thereto.

 

[Approved: March 10, 2010]

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Education to determine the amount of money that each school district, charter school and university school for profoundly gifted pupils is required to expend during each fiscal year on textbooks, instructional supplies, instructional software and instructional hardware. (NRS 387.206) Existing law also authorizes the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils that is experiencing an economic hardship to submit a request to the Department for a waiver of all or a portion of the minimum expenditure requirements. (NRS 387.2065) This bill provides a temporary waiver for the entire 2009-2011 biennium to the Department from complying with the provisions of NRS 387.206 and 387.2065. This bill also provides a temporary waiver for the entire 2009-2011 biennium to each school district, charter school and university school for profoundly gifted pupils from the minimum expenditure requirements for textbooks, instructional supplies, instructional software and instructional hardware without requiring the school district, charter school or university school for profoundly gifted pupils to submit a request for such a waiver. This bill applies retroactively to July 1, 2009, and sunsets on June 30, 2011.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  Notwithstanding the provisions of NRS 387.206 and 387.2065 to the contrary for the 2009-2011 biennium:

      (a) The Department of Education is not required to comply with the provisions of NRS 387.206 and 387.2065.

      (b) Each school district, charter school and university school for profoundly gifted pupils is not required to comply with the provisions governing the minimum amount of money that must be expended for each fiscal year in that biennium for textbooks, instructional supplies, instructional software and instructional hardware as prescribed pursuant to NRS 387.206 and is not required to submit a request for a waiver pursuant to NRS 387.2065. The restrictions on the use of the money that would have otherwise been expended by the school district, charter school or university school for profoundly gifted pupils to meet the requirements of NRS 387.206 as set forth in subsection 7 of NRS 387.2065 apply during this period.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 42 (Chapter 6, AB 5)ê

 

      2.  If, before the effective date of this act, the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils submitted a request for a waiver pursuant to NRS 387.2065, the Department of Education shall return the request to the applicant.

      Sec. 2.  This act becomes effective upon passage and approval and applies retroactively from and after July 1, 2009, and expires by limitation on June 30, 2011.

________

 

CHAPTER 7, AB 4

Assembly Bill No. 4–Committee of the Whole

 

CHAPTER 7

 

AN ACT relating to education; temporarily providing flexibility for school districts from the requirements of pupil-teacher ratios; and providing other matters properly relating thereto.

 

[Approved: March 10, 2010]

 

Legislative Counsel’s Digest:

      Existing law prescribes certain ratios of pupils per teacher in grades 1 through 3. (NRS 388.700) In counties whose population is less than 100,000, a school district may adopt an alternative plan for class-size reduction for specified grade levels in the elementary schools, including grades 4, 5 and 6. (NRS 388.720) The 2009 Session of the Nevada Legislature appropriated money for school districts to implement their class-size reduction plans. (Sections 17 through 21, inclusive, chapter 389, Statutes of Nevada 2009, pp. 2134-2136) This bill temporarily revises provisions governing class-size reduction to allow school districts flexibility in addressing budget shortfalls. For the 2010-2011 school year, this bill allows a school district to elect to increase class size by not more than two pupils to achieve ratios of 18 pupils per teacher in grades 1 and 2, and 21 pupils per teacher in grade 3. If a school district elects to increase class size in this manner, all money that would have otherwise been expended by the school district to achieve the lower class sizes in grades 1 through 3 must be used to minimize the impact of budget reductions on class sizes in grades 4 through 12. This exception applies only for the 2010-2011 school year and sunsets on June 30, 2011.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 17 of chapter 389, Statutes of Nevada 2009, at page 2134, is hereby amended to read as follows:

      Sec. 17.  The Legislature hereby finds and declares that:

      1.  The intended goal of the Legislature is to achieve a pupil-teacher ratio of not more than 15 pupils per teacher or 30 pupils per two teachers in kindergarten and grades 1, 2 and 3 where core curriculum is taught;

      2.  Available money is estimated to provide a sufficient number of teachers to achieve in each school district pupil-teacher ratios of 16 pupils per teacher in selected kindergarten classrooms in which pupils are most at risk of failure and in grades 1 and 2 in Fiscal Years 2009-2010 and 2010-2011, and to achieve a pupil-teacher ratio in grade 3 of 19 pupils per teacher in Fiscal Years 2009-2010 and 2010-2011;

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 43 (Chapter 7, AB 4)ê

 

are most at risk of failure and in grades 1 and 2 in Fiscal Years 2009-2010 and 2010-2011, and to achieve a pupil-teacher ratio in grade 3 of 19 pupils per teacher in Fiscal Years 2009-2010 and 2010-2011;

      3.  For the 2010-2011 Fiscal Year, available money is estimated to achieve the ratios set forth in subsection 2. However, in recognition of the significant downturn in the national and state economies and to allow school districts flexibility in addressing budget shortfalls during this fiscal crisis and notwithstanding the provisions of NRS 388.700, 388.710 and 388.720 to the contrary, a school district may, for the 2010-2011 school year, elect to increase the class size by not more than two pupils per teacher to achieve ratios of 18 pupils per teacher in grades 1 and 2, and 21 pupils per teacher in grade 3. If a school district elects to increase class size as authorized by this subsection:

      (a) All money that would have otherwise been expended by the school district to achieve the class sizes set forth in subsection 2 must be used to minimize the impact of budget reductions on class sizes in grades 4 to 12, inclusive;

      (b) The reduction of class sizes in grades 4 to 12, inclusive, must be fiscally neutral such that the plan to reduce the ratios in those grades will not cost more to carry out than complying with the ratios prescribed by subsection 2; and

      (c) All plans and reports concerning class size made by the school district to the Department of Education must include the pupil-teacher ratios achieved for each grade level, including grades 1, 2 and 3 and grades 4 to 12, inclusive;

      [3.] 4.  Certain school districts do not have a sufficient number of classrooms available to permit an average class size of 19 pupils per teacher in grade 3;

      [4.] 5.  It is unreasonable to assign two teachers to classrooms of 38 pupils to attain a district-wide pupil-teacher ratio of 19 pupils per teacher in grade 3;

      [5.] 6.  School districts may, instead, attain the desired pupil-teacher ratio in classes where core curriculum is taught by using alternative methods of reducing the ratio, such as employing teachers to provide remedial instruction;

      [6.] 7.  School districts may wish to use money for class-size reduction to carry out programs that have been found to be effective in improving academic achievement;

      [7.] 8.  The Legislature has specifically designed the laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts;

      [8.] 9.  School districts are encouraged, to the extent possible, to further reduce the pupil-teacher ratio in each classroom in the district for grades 1, 2 and 3 for which additional funding is provided;

      [9.] 10.  The Legislature intends to continue the reduced pupil-teacher ratio for selected kindergarten classrooms in which pupils are most at risk of failure and for grades 1 and 2 throughout the State and to continue reducing the pupil-teacher ratio in grade 3; and

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 44 (Chapter 7, AB 4)ê

 

      [10.] 11.  Thereafter, the intended goal of the Legislature is to reduce the pupil-teacher ratio per class in grade 3 to not more than 15 pupils per class, thereafter to reduce the pupil-teacher ratio per class in grades 4, 5 and 6 to not more than 22 pupils per class and thereafter to reduce the pupil-teacher ratio per class in grades 7 to 12, inclusive, to not more than 25 pupils per class.

      Sec. 2.  Section 19 of chapter 389, Statutes of Nevada 2009, at page 2135, is hereby amended to read as follows:

      Sec. 19.  1.  The Department of Education shall transfer from the State Distributive School Account the sum of $145,935,501 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2010-2011 which must, except as otherwise provided in sections 20 and 21 of this act, be used to employ teachers to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.

      2.  Except as otherwise provided in subsection 3 of section 17 of this act and sections 20 and 21 of this act, the money transferred by subsection 1 must be used to pay the salaries and benefits of not less than 2,163 teachers employed by school districts to meet the required pupil-teacher ratios in the 2010-2011 school year.

      3.  Any remaining balance of the sum transferred by subsection 1, including any money added thereto pursuant to section 18 of this act, must not be committed for expenditure after June 30, 2011, and must be reverted to the State General Fund on or before September 16, 2011.

      Sec. 3.  Section 20 of chapter 389, Statutes of Nevada 2009, at page 2135, is hereby amended to read as follows:

      Sec. 20.  1.  The board of trustees of each county school district:

      (a) Shall file a plan with the Superintendent of Public Instruction describing how the money appropriated by [sections 18 and 19] section 18 of this act will be used to comply with the required ratio of pupils to teachers in kindergarten and grades 1, 2 and 3 [; or] and how the money appropriated by section 19 of this act will be used to comply with the required ratio of pupils to teachers in kindergarten and grades 1, 2 and 3 or with the ratio authorized by subsection 3 of section 17 of this act; or

      (b) May, after receiving approval of the plan from the Superintendent of Public Instruction, use the money appropriated by sections 18 and 19 of this act to carry out:

             (1) An alternative program for reducing the ratio of pupils per teacher, including, without limitation, any legislatively approved program of flexibility; or

             (2) Programs of remedial education that have been found to be effective in improving pupil achievement in grades 1, 2 and 3, so long as the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district does not exceed the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district in the 2004-2005 school year.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 45 (Chapter 7, AB 4)ê

 

exceed the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district in the 2004-2005 school year.

Ê The plan approved by the Superintendent of Public Instruction must describe the method to be used by the school district to evaluate the effectiveness of the alternative program or remedial education programs in improving pupil achievement.

      2.  In no event must the provisions of this section be construed to authorize the board of trustees of a school district in a county whose population is 100,000 or more to develop an alternative plan for the reduction of pupil-teacher ratios pursuant to subsection 2 of NRS 388.720.

      Sec. 4.  This act becomes effective upon passage and approval and expires by limitation on June 30, 2011.

________

 

CHAPTER 8, SB 5

Senate Bill No. 5–Committee of the Whole

 

CHAPTER 8

 

AN ACT relating to governmental financial administration; revising provisions governing the Fund for Cleaning Up Discharges of Petroleum; authorizing the Department of Motor Vehicles to set the amount of certain fees by regulation; removing the prospective expiration on the collection of certain gross receipts taxes in Clark County; and providing other matters properly relating thereto.

 

[Approved: March 11, 2010]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires the Department of Transportation to create an account in the State Highway Fund. The account is funded by money transferred from the Fund for Cleaning Up Discharges of Petroleum pursuant to section 5 of this bill. Section 1 requires the Department to distribute: (1) seventy percent of the money in the account to a regional transportation commission in a county whose population is 400,000 or more (currently Clark County); (2) twenty percent of the money in the account to a regional transportation commission in a county whose population is 100,000 or more but less than 400,000 (currently Washoe County); and (3) ten percent of the money in the account to the Department for use in counties that have a population of less than 100,000 (currently all counties other than Clark and Washoe County). The money distributed from the account must only be used for the construction, reconstruction, improvement and maintenance of public roads.

Ê   Existing law creates the Fund for Cleaning Up Discharges of Petroleum administered by the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (NRS 590.830) The Department of Motor Vehicles and the Division are required to collect certain fees which must be deposited in the Fund. (NRS 590.840, 590.850) Section 5 removes the provision which requires the Department to cease collection of the fees if the balance in the Fund at the end of any fiscal year is estimated to exceed $7,500,000. Section 5 also requires that any amount in the Fund for Cleaning Up Discharges of Petroleum which exceeds $7,500,000 at the end of any fiscal year be transferred to the account created pursuant to section 1. Section 7 of this bill provides for the transfer on the effective date of this bill of the balance of the Fund for Cleaning Up Discharges of Petroleum which exceeds $7,500,000 to the account created pursuant to section 1.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 46 (Chapter 8, SB 5)ê

 

this bill of the balance of the Fund for Cleaning Up Discharges of Petroleum which exceeds $7,500,000 to the account created pursuant to section 1.

      Under existing law, the Department of Motor Vehicles is authorized to charge and collect fees specified in statute for providing certain services. (NRS 482.220, 482.396, 482.429) Sections 2-4 of this bill authorize the Department to establish the fees for such services by regulation. Section 8 of this bill provides that the statutory fees remain in effect until the fee for the service is imposed by regulation.

      Section 6 of this bill removes the prospective expiration on the collection of certain gross receipts taxes in Clark County. (NRS 377A.030; section 22, chapter 187, Statutes of Nevada 2003, p. 959)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall establish an account in the State Highway Fund to be administered by the Director. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account must be used exclusively for the construction, reconstruction, improvement and maintenance of public roads.

      2.  The account consists of:

      (a) The money transferred to the account pursuant to NRS 590.860;

      (b) All income and interest earned on the money in the account; and

      (c) All other money received by the account from any source.

      3.  On July 1 and December 31 of each year, the Director shall allocate:

      (a) Seventy percent of the money in the account to a regional transportation commission in a county whose population is 400,000 or more;

      (b) Twenty percent of the money in the account to a regional transportation commission in a county whose population is 100,000 or more but less than 400,000; and

      (c) Ten percent of the money in the account to the Department for use in counties that have a population of less than 100,000.

      Sec. 2.  NRS 482.220 is hereby amended to read as follows:

      482.220  1.  If the vehicle to be registered is a specially constructed, reconstructed, rebuilt or foreign vehicle, that fact must be stated in the application. If the vehicle is a foreign vehicle which has been registered theretofore outside of this State, the owner shall exhibit to the Department the certificate of title and registration card or other evidence of such former registration as may be in the applicant’s possession or control or such other evidence as will satisfy the Department that the applicant is the lawful owner or possessor of the vehicle.

      2.  The application must be accompanied by a motor vehicle inspection certificate signed by a representative of the Department or, as one of the Department’s authorized agents, by:

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 47 (Chapter 8, SB 5)ê

 

      (a) A peace officer;

      (b) A dealer;

      (c) A rebuilder;

      (d) An automobile wrecker; or

      (e) A garage operator or a service station operator or attendant, so designated in writing by the Director.

      3.  Except for a peace officer acting in his or her official capacity, the Department or any of its authorized inspection agents [are entitled to charge $1] shall charge the fee imposed by the Department by regulation for inspection of any vehicle described in subsection 1.

      4.  For the purposes of this section, “peace officer” means any employee, volunteer or designee of a law enforcement agency acting in an official capacity.

      Sec. 3.  NRS 482.396 is hereby amended to read as follows:

      482.396  1.  A person who is not a dealer, manufacturer or rebuilder may apply to the Department for a permit to operate a vehicle which:

      (a) Is not subject to the provisions of NRS 482.390, 482.395 and 706.801 to 706.861, inclusive; and

      (b) Is not currently registered in this State, another state or a foreign country, or has been purchased by the applicant from a person who is not a dealer.

      2.  The Department [may issue] shall adopt regulations imposing a fee for the issuance of the permit . [free of charge.]

      3.  Each permit must:

      (a) Bear the date of expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight;

      (b) Expire at 5 p.m. not more than 60 days after its date of issuance;

      (c) Be affixed to the vehicle in the manner prescribed by the Department; and

      (d) Be removed and destroyed upon its expiration or the issuance of a new permit or a certificate of registration for the vehicle, whichever occurs first.

      4.  The Department may authorize the issuance of more than one permit for the vehicle to be operated by the applicant.

      Sec. 4.  NRS 482.429 is hereby amended to read as follows:

      482.429  For its services under this chapter, the Department shall adopt regulations specifying the amount of the fees which the Department will charge and collect [the following fees:] :

 

       1.  For each certificate of title issued for a vehicle present or registered in this State . [      $20.00]

       2.  For each duplicate certificate of title issued . [.................... 20.00]

       3.  For each certificate of title issued for a vehicle not present in or registered in this State . [          35.00]

       4.  For the processing of each dealer’s or rebuilder’s report of sale submitted to the Department . [               8.25]

       5.  For the processing of each long-term lessor’s report of lease submitted to the Department . [    8.25]

       6.  For the processing of each endorsed certificate of title or statement submitted to the Department upon the sale of a used or rebuilt vehicle in this State by a person who is not a dealer or rebuilder . [ 8.25]

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 48 (Chapter 8, SB 5)ê

 

      Sec. 5.  NRS 590.860 is hereby amended to read as follows:

      590.860  If the balance in the Fund for Cleaning Up Discharges of Petroleum at the end of any fiscal year is estimated at $7,500,000 or more, the Department shall [not collect during the ensuing fiscal years the fee imposed by NRS 590.840 unless otherwise required by this section. If at the end of any subsequent fiscal year] transfer to the account created pursuant to section 1 of this act the balance in the [fund is estimated at $5,000,000 or less, the Department shall resume collection during the ensuing fiscal year of the fee so imposed.] Fund for Cleaning Up Discharges of Petroleum which exceeds $7,500,000.

      Sec. 6.  Section 22 of chapter 187, Statutes of Nevada 2003, at page 959, is hereby amended to read as follows:

      Sec. 22.  1.  The approval by the voters on November 5, 2002, of Advisory Question No. 10, concerning transportation, on the 2002 general election ballot for Clark County shall be deemed to constitute approval by the voters of the taxes authorized by the provisions of NRS 278.710, as amended by this act, and paragraph (b) of subsection 1 of NRS 377A.030, as amended by this act. No other approval by the voters is required for the imposition of those taxes in Clark County, including its incorporated cities, at the following rates:

      (a) Pursuant to NRS 278.710:

             (1) For each fiscal year beginning:

                   (I) On or after July 1, 2003, and before July 1, 2005, $650;

                   (II) On or after July 1, 2005, and before July 1, 2010, $700;

                   (III) On or after July 1, 2010, and before July 1, 2015, $800;

                   (IV) On or after July 1, 2015, and before July 1, 2020, $900; and

                   (V) On or after July 1, 2020, $1,000,

per single-family dwelling of new residential development, or the equivalent thereof as determined by the board of county commissioners; and

             (2) For each fiscal year beginning:

                   (I) On or after July 1, 2003, and before July 1, 2005, $0.65;

                   (II) On or after July 1, 2005, and before July 1, 2010, $0.75;

                   (III) On or after July 1, 2010, and before July 1, 2015, $0.80;

                   (IV) On or after July 1, 2015, and before July 1, 2020, $0.90; and

                   (V) On or after July 1, 2020, $1.00,

per square foot on other new development; and

      (b) Pursuant to paragraph (b) of subsection 1 of NRS 377A.030:

             (1) One-half of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the [county, until:

                   (I) The last day of the fiscal year during which the Department of Taxation determines that the cumulative total proceeds of the tax imposed at that rate equal or exceed $1.7 billion; or

                   (II) June 30, 2028,

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 49 (Chapter 8, SB 5)ê

 

whichever occurs earlier;] county during each subsequent fiscal year; and

             (2) Three-eighths of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, during each subsequent fiscal year.

      2.  The approval by the voters on November 5, 2002, of Advisory Question No. 2, concerning transportation, on the 2002 general election ballot for Washoe County shall be deemed to constitute approval by the voters of an increase in the rate of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 377A.030, as amended by this act, to three-eighths of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county. No other approval by the voters is required for the imposition of that increase in the rate of that tax in Washoe County, including its incorporated cities.

      3.  If at any time after November 5, 2002, and before the effective date of this act, another county obtains approval by the voters of a measure which complies with the provisions of NRS 278.710 for the tax authorized by that section, as amended by this act, that approval shall be deemed to constitute approval of the tax specified on the ballot and no other approval by the voters is required for imposition of that tax at the rate or rates specified on that ballot.

      Sec. 7.  On the effective date of this act, the Division of Environmental Protection of the State Department of Conservation and Natural Resources shall transfer that amount of money in the Fund for Cleaning Up Discharges of Petroleum created by NRS 590.830 which exceeds $7,500,000 to the State Highway Fund.

      Sec. 8.  The Department of Motor Vehicles shall charge and collect the following fees imposed pursuant to NRS 482.220 or 482.429 until the respective fee is imposed by regulation:

 

For each certificate of title issued for a vehicle present or registered in this State      $20.00

For each duplicate certificate of title issued..................................... 20.00

For each certificate of title issued for a vehicle not present in or registered in this State           35.00

For the processing of each dealer’s or rebuilder’s report of sale submitted to the Department               8.25

For the processing of each long-term lessor’s report of lease submitted to the Department    8.25

For the processing of each endorsed certificate of title or statement submitted to the Department upon the sale of a used or rebuilt vehicle in this State by a person who is not a dealer or rebuilder           8.25

For inspection of a vehicle described in subsection 1 of NRS 482.220 1

      Sec. 9.  This act becomes effective upon passage and approval.

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ê2010 Statutes of Nevada, 26th Special Session, Page 50ê

 

CHAPTER 9, AB 2

Assembly Bill No. 2–Committee of the Whole

 

CHAPTER 9

 

AN ACT relating to counties; authorizing deviation from the required hours of operation for county offices under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: March 11, 2010]

 

Legislative Counsel’s Digest:

      Existing law provides for the establishment of required hours of operation for county offices. (NRS 122.061, 245.040, 252.050) Sections 2-4 of this bill authorize deviation from those required hours for county offices if the board of county commissioners approves the plan for the deviation submitted by the office. The plan must be fiscally neutral or result in cost savings.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 122.061 is hereby amended to read as follows:

      122.061  1.  In any county whose population is 100,000 or more, except as otherwise provided in subsection 3, the main office of the county clerk where marriage licenses may be issued must be open to the public for the purpose of issuing such licenses from 8 a.m. to 12 a.m. every day including holidays, and may remain open at other times. The board of county commissioners shall determine the hours during which a branch office of the county clerk where marriage licenses may be issued must remain open to the public.

      2.  In all other counties, the board of county commissioners shall determine the hours during which the offices where marriage licenses may be issued must remain open to the public.

      3.  Any office where marriage licenses may be issued may deviate from the hours of operation required pursuant to this section if the board of county commissioners approves the plan for the deviation submitted by the office. Such a plan must be fiscally neutral or result in cost savings.

      Sec. 3.  NRS 245.040 is hereby amended to read as follows:

      245.040  1.  Sheriffs, county recorders and county auditors, county clerks, county assessors and county treasurers shall keep an office at the county seat of their county which, except as otherwise provided in [subsection 3,] subsections 3 and 4, must be kept open on all days except Sundays and nonjudicial days from 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m. to 5 p.m. for the transaction of public business, but nothing contained in this subsection interferes with a duty now required of a public officer under the election laws of this State. County clerks shall keep their offices open on all election days during the hours when the polls are open for voting but may, with the consent of the district judge of the county, close their offices for all purposes except election business and the issuance of marriage licenses on any day on which the primary or general election is held.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 51 (Chapter 9, AB 2)ê

 

      2.  Notwithstanding the provisions of subsection 1, the board of county commissioners of any county may, by an order regularly made and entered in the records of its proceedings, designate the days and hours during which the offices of the sheriff, county recorder and county auditor, county clerk, county assessor and county treasurer must be kept open for the transaction of public business. An order so made and entered must require each office to be kept open for not less than 40 hours during each week, and must not prevent the county clerk from closing his or her office for all purposes except election business and the issuance of marriage licenses on primary and general election days as provided in subsection 1.

      3.  The board of county commissioners may authorize a county officer to rent, equip and operate, at public expense, one or more branch offices in the county. The branch office may be kept open for the transaction of public business on the days and during the hours specified in subsections 1 and 2 or on such days and during such hours as determined by the board. The provisions of this subsection do not preempt any other statutory provisions which require certain duties to be performed at the county seat.

      4.  Any county office may deviate from the hours of operation required pursuant to this section if the board of county commissioners approves the plan for the deviation submitted by the office, except that no such deviation may conflict with the election laws of this State. Such a plan must be fiscally neutral or result in cost savings.

      5.  A county officer who violates the provisions of this section is guilty of a misdemeanor, and if an officer mentioned in subsection 1 absents himself or herself from office, except:

      (a) When called away from his or her office by official duties;

      (b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or

      (c) When he or she makes provision to leave his or her office open for the transaction of public business on the days and during the hours prescribed by this section and in charge of a deputy qualified to act in the county officer’s absence,

Ê there must be withheld from the county officer’s monthly salary that proportion thereof as the number of days of absence bears to the number of days of the month in which the absence occurs. The money must be withheld from payment of salary to the officer for the next succeeding month by order of the board of county commissioners, but such an order must not be made without first giving the officer affected reasonable notice and an opportunity to appear before the board and defend the charge against him or her.

      Sec. 4.  NRS 252.050 is hereby amended to read as follows:

      252.050  1.  In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States exceeded 2,500, except as otherwise provided in subsection 5, district attorneys shall keep an office at the county seat of their county, which must be kept open at least from 9 a.m. to 12 m. and 1 p.m. to 5 p.m. on all days except Saturdays, Sundays and nonjudicial days. Notwithstanding the provisions of this section, the board of county commissioners of any county may, by an order regularly made and entered in the record of its proceedings, extend the days and hours during which the office of the district attorney must be kept open for the transaction of public business. The board of county commissioners may authorize the district attorney to rent, equip and operate, at public expense, one or more branch offices in the county.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 52 (Chapter 9, AB 2)ê

 

      2.  In counties in which the county seat is not the principal center of population, the county commissioners may authorize the district attorney to rent, equip and operate, at public expense, a branch office at the county’s principal center of population. [The] Except as otherwise provided in subsection 5, the branch office must be kept open for the transaction of public business on the days and during the hours specified in subsection 1, but the requirements thereof do not apply to a district attorney when called away from the branch office by official duties.

      3.  [Any] Except as otherwise provided in subsection 5, any district attorney violating the provisions of subsection 1 or 2 is guilty of a misdemeanor. If any district attorney is absent from his or her office, except:

      (a) When called away from his or her office by official duties;

      (b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or

      (c) When the district attorney first makes provision to leave his or her office open for the transaction of public business on the days and during the hours prescribed in subsection 1 and in charge of a deputy qualified to act in his or her absence,

Ê there must be withheld from his or her monthly salary that proportion thereof as the number of days of the absence bears to the number of days of the month in which the absence occurs. This amount must be withheld from the salary of the district attorney for the next succeeding month by order of the board of county commissioners , [;] but no order in the premises may be made without first giving the district attorney reasonable notice and an opportunity to appear before the board and defend the charge against him or her.

      4.  Notwithstanding any other provision of [this section,] subsection 1, 2 or 3, except as otherwise provided in subsection 5, the district attorney in each county having a population of 700 or less, regardless of where the district attorney resides or where he or she keeps his or her office, shall:

      (a) Attend all meetings, regular or special, of the board of county commissioners.

      (b) Spend the hours from 9 a.m. to 5 p.m. of not less than 1 day each week at the county seat, and shall make himself or herself available to the county officers during those hours. The district attorney shall select the day of the week for his or her attendance at the county seat and shall thereafter spend that day each week at the county seat.

      5.  Any office of a district attorney may deviate from the hours of operation required pursuant to this section if the board of county commissioners approves the plan for the deviation submitted by the office. Such a plan must be fiscally neutral or result in cost savings.

      Sec. 4.5.  On or before April 1, 2011, each board of county commissioners that has granted deviations from hours of operation pursuant to this act shall submit to the Director of the Legislative Counsel Bureau for transmittal to the 76th Session of the Nevada Legislature a report evaluating the deviations granted, which must include, without limitation:

      1.  The number of offices in the county that were granted a deviation; and

      2.  Any cost savings resulting from the deviations.

      Sec. 5.  This act becomes effective upon passage and approval and expires by limitation on June 30, 2011.

________

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 53ê

 

CHAPTER 10, AB 6

Assembly Bill No. 6–Committee of the Whole

 

CHAPTER 10

 

AN ACT relating to governmental financial administration; revising certain appropriations from the State General Fund for the support of the civil government of the State of Nevada; authorizing expenditures by certain agencies and entities of the State Government; providing for the transfer of certain appropriated money to the next fiscal year; requiring the Clean Water Coalition to transfer certain money to the State Controller for deposit in the State General Fund; increasing fees imposed for certain filings or registrations made with the Office of the Secretary of State; revising provisions relating to foreclosure of real property; revising provisions relating to the use of money in the Account for Common-Interest Communities and Condominium Hotels; increasing certain administrative assessments imposed against persons who commit certain crimes; authorizing the Department of Corrections to adopt regulations to allow the Department to deduct money credited to the Offenders’ Store Fund for certain purposes and to impose a charge on purchases of electronic devices; providing for the temporary transfer of certain lobbyist registration fees; increasing certain fees charged by the State Registrar; authorizing the Department of Wildlife to use fees collected for processing applications for tags for certain additional purposes; imposing an additional fee for filing certain affidavits relating to mining claims; reducing the basic support guarantees of school districts for purposes of apportionments from the State Distributive School Account; requiring the Department of Taxation to allow for the payment of delinquent taxes, fees or assessments without a penalty for a limited period in certain circumstances; requiring the Division of Insurance of the Department of Business and Industry to carry out a desk audit program to audit insurance premium tax returns; providing for the use of money from an award from the Temporary Assistance for Needy Families Emergency Contingency funds; making appropriations; and providing other matters properly relating thereto.

 

[Approved: March 12, 2010]

 

Legislative Counsel’s Digest:

      The Legislature appropriated various sums of money for the support of the government of the State of Nevada during the 2009 Legislative Session. Sections 1-7 of this bill reduce certain appropriations for Fiscal Years 2009-2010 and 2010-2011. Sections 8 and 9 of this bill authorize expenditures of money by certain officers, departments, boards, agencies, commissions and institutions that were not appropriated in part because of additional or increased fees they are authorized to collect. The additional expenditures reflect an offset for some of the reductions to appropriations. For example, section 7 reduces the appropriation previously made to the Nevada Gaming Commission and the State Gaming Control Board. Section 8 then increases the expenditures of the State Gaming Control Board to reflect an amount that the Board is expected to collect from increasing the hourly rate charged for investigations of applicants for licenses, findings of suitability or approval under the provisions of the Nevada Gaming Control Act who have not previously received a license, finding of suitability or other required approval under the Act. The authorized expenditures must be made in accordance with the provisions of the State Budget Act. (NRS 353.150-353.245)

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 54 (Chapter 10, AB 6)ê

 

      Sections 11, 12 and 13 of this bill transfer money appropriated from the State General Fund to the Nevada System of Higher Education and the Department of Corrections from Fiscal Year 2009-2010 to Fiscal Year 2010-2011.

      Sections 14 and 15 of this bill transfer certain sums allocated for projects of the State Public Works Board to other projects.

      Section 16 of this bill requires the Executive, Legislative and Judicial Departments of State Government to identify any additional reductions that may be made from renegotiating certain contracts.

      Section 17 of this bill specifically authorizes the Executive Department to identify additional reductions in amounts appropriated for contract services and building leases and transfer those amounts to Category 93, Reserve for Reversion.

      Section 18 of this bill requires the Clean Water Coalition, an entity created pursuant to interlocal agreement by the Clark County Water Reclamation District and the Cities of Henderson, Las Vegas and North Las Vegas, to make a transfer payment to the State Controller for deposit in the State General Fund for unrestricted State General Fund use.

      Existing law provides that the Nevada Supreme Court may adopt rules providing for voluntary mediation with respect to a homeowner who is not in default but is at risk of default. (NRS 2.125) Section 19 of this bill provides that the Nevada Supreme Court may adopt rules providing for voluntary mediation with respect to a small business whose commercial property is in default.

      Sections 20-30, 39 and 48-52 of this bill increase the amount of certain fees collected by the Secretary of State for filings, registrations, certificates, notices or other documents required to be provided to the Office of the Secretary of State. (NRS 78.780, 80.050, 86.561, 87.470, 87A.315, 87A.645, 88.415, 88.607, 88A.900, 90.360, 104.9525, 240.1657, 600.340, 600.355, 600.360, 600.370, 600.395)

      Existing law provides for the payment of a fee for deposit in the Account for Foreclosure Mediation at the time of recording a notice of default and election to sell real property. Section 31 of this bill provides for an additional fee for deposit in the State General Fund at the time of recording a notice of default and election to sell real property. (NRS 107.080)

      Section 32 of this bill authorizes the additional use of the money in the Account for Common-Interest Communities and Condominium Hotels to defray the costs and expenses of administering the Real Estate Division of the Department of Business and Industry, as authorized by the Legislature or Interim Finance Committee. (NRS 116.630)

      Existing law requires the Secretary of State to charge and collect a fee for the filing of a certificate of domestic partnership, which must not exceed the amount estimated to cover the cost incurred by the Secretary of State for the issuance of the certificate and any other associated administrative costs. Existing law further requires the Secretary of State to account for the fees received for associated administrative costs separately and use those fees solely to pay for expenses related to the registration of domestic partnerships. Section 33 of this bill requires the Secretary of State to reconcile the fees received for associated administrative costs and the expenses of administering the registration of domestic partnerships and deposit any excess fees received for credit to the State General Fund at the end of each fiscal year. (NRS 122A.100)

      Existing law provides that a justice or judge may impose an administrative assessment as part of the sentence for violation of a misdemeanor by a person who pleads or is found guilty or guilty but mentally ill. Section 34 of this bill increases the amount of the administrative assessment and provides for a portion of such assessments to be credited to the State General Fund. (NRS 176.059)

      Existing law requires that money received for the benefit of offenders through contributions that is not required to be deposited elsewhere be placed in the Offenders’ Store Fund and expended for the welfare and benefit of all offenders sentenced to imprisonment in the state prison. (NRS 209.221) Section 35 of this bill authorizes the Director of the Department of Corrections to deduct money from the Offenders’ Store Fund to repay or defray the costs relating to the operation and maintenance of the offenders’ store, coffee shop, gymnasium and visitation posts.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 55 (Chapter 10, AB 6)ê

 

maintenance of the offenders’ store, coffee shop, gymnasium and visitation posts. The amount of the deduction must be established by regulation with the approval of the Board of State Prison Commissioners. Section 35 further authorizes the Director, with approval of the Board, to adopt regulations imposing a charge on electronic devices purchased by an offender to defray the cost of operating such devices. Further, sections 35 and 37 of this bill require the regulations to be adopted in accordance with the provisions of the Nevada Administrative Procedure Act. (Chapter 233B of NRS)

      Section 36 of this bill temporarily requires the Legislative Commission to transfer the first $100,000 collected from fees for registration of lobbyists to the State General Fund. (NRS 218H.500)

      Existing law authorizes the Secretary of State to provide courses of study for the mandatory training of notaries public, to charge reasonable fees for the courses of study and, if fees are collected, requires the Secretary of State to deposit those fees in the Notary Public Training Fund. Section 38 of this bill instead requires the Secretary of State to deposit 25 percent of any such fees collected in the Notary Public Training Fund and 75 percent in the State General Fund. (NRS 240.018)

      Existing law authorizes certain state entities to seek a temporary advance from the State General Fund for authorized expenses if the collection of expected revenue is delayed. (NRS 353.347-353.359) Sections 41 and 42 of this bill authorize certain state entities whose legislative appropriations have been reduced and whose claims must be paid from the collection of certain fees, assessments or other receipts to seek a temporary advance from the State General Fund for authorized expenses if the collection of expected revenue is delayed.

      Existing law requires the State Registrar of Vital Statistics to charge certain fees for providing certain vital records and for carrying out certain duties. Sections 43 and 44 of this bill remove the specific amount of the fee the State Registrar is required to charge and instead requires the State Registrar to establish the amount of the fees by regulation. (NRS 440.175, 440.700) Section 67 of this bill provides that the existing fees will continue to be imposed until the State Registrar adopts the new fees by regulation.

      Section 45 of this bill increases the license fee paid by a promoter of unarmed combat. (NRS 467.107)

      Existing law provides that the Department of Wildlife may use the fees collected for processing applications for tags only for certain specified purposes. (NRS 502.255) Section 46 of this bill authorizes the Department to use such fees for certain additional purposes, including the costs associated with the Department’s automated program for licensing and registration and titling of vessels and the issuance of licenses, permits and tags.

      Existing law requires the annual filing of either an affidavit of the work performed on or improvements made to a mining claim or an affidavit of the intent to hold a mining claim. (NRS 517.230) Section 47 of this bill imposes an additional fee on the filing of such an affidavit if the entity holding the mining claim holds 11 or more mining claims in this State.

      Sections 59-63 of this bill make appropriations to the Department of Health and Human Services, the Secretary of State, the State Gaming Control Board and the Legislative Fund.

      The 2009 Session of the Legislature appropriated money from the State General Fund to the State Distributive School Account for the basic support guarantees of school districts and otherwise for the support of the system of public education for the 2009-2011 biennium. (Chapter 389, Statutes of Nevada 2009, at p. 2126) Sections 53-57 of this bill reduce the basic support guarantees of all the 17 county school districts and otherwise make adjustments to address the budget shortfall.

      Section 58 of this bill temporarily revises provisions governing local funds available for the support of certain school districts.

      Section 64 of this bill requires the Department of Taxation to allow a person who on July 1, 2010, is delinquent in the payment of a tax, fee or assessment to pay the amount due without any penalty or interest in certain circumstances. This amnesty program will apply only to a person who files a request for relief and pays the amount due between July 1, 2010, and October 1, 2010.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 56 (Chapter 10, AB 6)ê

 

program will apply only to a person who files a request for relief and pays the amount due between July 1, 2010, and October 1, 2010.

      Section 65 of this bill requires the Division of Insurance of the Department of Business and Industry to carry out a desk audit program to audit insurance premium tax returns to determine compliance and requires the Commissioner of the Division to submit a plan to carry out the program to the Fiscal Analysis Division of the Legislative Counsel Bureau by June 1, 2010.

      Existing law requires the Department of Health and Human Services to administer the Temporary Assistance for Needy Families program, which is established pursuant to Title IV of the Social Security Act, 42 U.S.C. 601 et seq. (NRS 422.270) Existing law also requires that any federal money allotted to the State for this program be deposited in the appropriate account of the Division of Welfare and Supportive Services of the Department and administered by that Division. (NRS 422.245) Section 66 of this bill provides that, if the Department receives an award from the Temporary Assistance for Needy Families Emergency Contingency Fund, the money must be used: (1) to replace State general funds that have been appropriated for certain purposes, including family resource centers and Family to Family Connection programs; (2) for the support of autistic children at certain facilities; and (3) for transfer to the appropriate social services departments of Clark and Washoe Counties. Section 66 further provides that the savings from the use of money received from the Temporary Assistance for Needy Families Emergency Contingency Fund must be reverted to the State General Fund.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The following reductions are hereby made to the appropriations from the State General Fund made pursuant to chapter 388, Statutes of Nevada 2009, at page 2105, for the support of the Government of the State of Nevada for the fiscal years beginning July 1, 2009, and ending June 30, 2010, and beginning July 1, 2010, and ending June 30, 2011:

 

                                                                                    2009-2010              2010-2011

      1.  Adjutant General and National Guard...... $102,109                 $303,367

      2.  Department of Administration................... $364,439                 $497,817

      3.  State Department of Agriculture................... $88,983                 $255,728

      4.  Attorney General’s Office........................ $1,391,545                 $781,837

      5.  Office of the Secretary of State.................. $138,366                              $0

      6.  Department of Business and Industry:

      (a) Business and Industry Administration............. $543                              $0

      (b) Consumer Affairs Division.............................. 30,738                   107,762

      (c) Real Estate Division................................................ 704                                0

      (d) Nevada Athletic Commission........................... 7,000                      12,000

      (e) Labor Commissioner........................................ 41,044                      42,847

      7.  Commission on Economic Development... $72,697                 $111,855

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 57 (Chapter 10, AB 6)ê

 

                                                                                    2009-2010              2010-2011

      8.  State Department of Conservation and Natural Resources:

      (a) Conservation and Natural Resources Administration                 $52,618      $53,093

      (b) Division of Conservation Districts.................... 1,306                      10,740

      (c) Division of State Parks................................... 322,682                   379,748

      (d) Division of Water Resources:

             (1) South Fork Reservoir/Map Case savings from receipt of federal grant                 137,240 0

             (2) Discontinue United States Geological Survey Agreement                 0      20,000

             (3) Change funding source for engineering technician from State General Fund to other funding only associated with Truckee River title work.................... 0                      50,130

             (4) Change funding source for staff I associate engineer position from State General Fund (25 percent of position to be funded with water basin assessment funds)              0      15,890

             (5) Change funding source for an engineering technician position from State General Fund to water basin assessments ................................................................... 0                      50,130

      (e) Tahoe Regional Planning Agency.................. 42,168                   126,509

      (f) Division of Forestry......................................... 101,549                      64,194

      (g) Division of State Lands.................................... 39,936                   109,874

      (h) Nevada Natural Heritage Program................... 2,898                        8,914

      (i) Division of Environmental Protection............ 23,022                      65,656

      9.  Department of Corrections:

      (a) Move MIS to Building 89.............................. $33,057                   $85,322

      (b) Charge the Offenders’ Store Fund for rent for stores and coffee shops 245,853        245,853

      (c) Charge the Offenders’ Store Fund for rent for the gymnasiums 100,798     100,798

      (d) Charge the Offenders’ Store Fund for 50 percent of costs of officer salaries for visitation posts      826,238................................................................... 865,272

      (e) Charge inmates one-time energy surcharge on the purchase of electronic devices    0              140,498

      (f) Cancel Choices contract effective April, 2010 126,395               656,473

      (g) Reduction of medical payments to the Medicare rate commencing October, 2010  0      1,000,000

      (h) Reduction of debt-service costs for the Florence McClure Women’s Correctional Center      2,346,250............................................................................ 0

 

 

 

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 58 (Chapter 10, AB 6)ê

 

                                                                                    2009-2010              2010-2011

      10.  Department of Cultural Affairs:

      (a) Department of Cultural Affairs Administration $94,451            $93,010

      (b) Division of Museums and History............... 280,971                   249,669

      (c) Division of State Library and Archives......... 71,701                   156,771

      (d) Nevada Arts Council........................................ 32,861                                0

      (e) Office of Historic Preservation.................................. 0                      34,316

      11.  Department of Education—State Programs $1,006,570        $942,516

      12.  Department of Employment, Training and Rehabilitation, Nevada Equal Rights Commission      $0........................................................................... $109,195

      13.  Department of Health and Human Services:

      (a) Director’s Office:

             (1) Hold vacant one position designated as an administrative assistant     $39,791 $41,767

             (2) Use money from federal Title XX funds and the Children’s Trust Fund to enable the use of money from the State General Fund appropriated for family resource centers      1,061,533              153,830

      (b) Aging and Disability Services Division:

             (1) Use of the surplus available due to the attrition of the state family support workers who had been providing homemaker services and transition to contract services 80,270     0

             (2) Projected surplus in the Independent Living Program due to reduced caseload projections      357,150................................................................... 357,150

             (3) Reduction in the number of persons with disabilities who are provided personal assistance program services ......................................................... 440,604                                0

             (4) Reduction of approximately 27 percent of the refunds available to seniors above the federal poverty level through the Senior Citizens’ Property Tax Assistance Account 0      1,209,399

             (5) Reductions to the Home and Community-Based Program, including case management, attendant care, respite, adult day care, adult companion, homemaker and chore services 598,176 598,176

 

 

 

 

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 59 (Chapter 10, AB 6)ê

 

                                                                                    2009-2010              2010-2011

      (c) Division of Health Care Financing and Policy:

             (1) Reductions in spending as a result of improvements to and more effective delivery of certain medical services, including: (1) reducing the rate paid to anesthesia providers; (2) requiring a therapy clinical assessment prior to the authorization of personal care services; (3) expanding the list of preferred prescription drugs established pursuant to NRS 422.4025; (4) lowering the monthly limit of incontinence supplies provided to certain persons; (5) eliminating the purchase of disposable gloves as a covered medical service; (6) reducing the allowable administrative percentage paid for non-emergency transportation; (7) revising behavioral health rates from a multi-tier structure based on provider qualifications to a single rate structure; and (8) requiring legally responsible relatives who are unable to provide personal care to recipients due to employment or disability to provide approved documentation      $2,997,616..................................................... $11,695,117

             (2) Reduction in the projected caseload for the Community Home-Based Initiatives Program      722,059............................................................... 1,268,967

             (3) Unspent general fund money as a result of the decision of the Federal Department of Health and Human Services to apply the increased ARRA federal medical assistance percentages to the Medicare Part D clawback provisions.................................... 4,839,939              11,705,027

             (4) Reduction in projected caseload for Nevada Check-Up  1,611,578      4,561,941

      (d) Health Division—Eliminate all State general funds for the Office of Minority Health, eliminate one filled position and change the funding source to use federal money, as available, to continue operating this Office............................................................................... 36,865                   118,317

      (e) Division of Welfare and Supportive Services:

             (1) Reduction of in-state travel and operating costs, including a reduction in contract and licensing costs based on recently negotiated agreements, and use of unspent funds for Food Stamp High Performance Bonuses................................................ 259,769                   499,867

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 60 (Chapter 10, AB 6)ê

 

                                                                                    2009-2010              2010-2011

             (2) Unspent money resulting from changes in the caseload of aged, blind and adult group care facilities....................................................................... $200,000                 $100,000

             (3) Terminate the northern Nevada NEON pilot project and require Division personnel to provide case management services to persons currently served by this pilot project 58,502               73,255

             (4) Close the Winnemucca office of the Division, eliminate one vacant position in the Winnemucca office, provide public assistance applications and information through the family resource center and transfer the application processing and client services to the Elko District Office of the Division       5,579      16,881

             (5) Close the Research Way facility, relocate publications and information technology warehouses and eliminate one maintenance position............................ 0                      28,224

             (6) Reduction of administrative expenses of the Supplemental Nutrition Assistance Program      375,000............................................................... 1,125,000

             (7) Change the funding source for part of the new technology personnel within the administration budget to use federal funds and savings................. 216,966                   256,906

             (8) Savings recognized from personnel turnovers and a reduction in the travel and training expenses of the Division.............................................................. 808,624                   585,532

             (9) Use the State’s portion of money collected for the Program for the Enforcement of Child Support for administrative costs.............................. 216,934                2,030,988

             (10) Use the State’s portion of the money collected for the Program for the Enforcement of Child Support...................................................................................... 0                   825,518

             (11) Change the funding source for services provided to children through child care assistance and use the Federal Child Care and Development grants and other federal funds 0      738,390

      (f) Division of Mental Health and Developmental Services:

             (1) Carry forward money collected pursuant to the United Health settlement agreement       0      116,555

             (2) Medication savings management efforts in Northern Nevada 1,270,000             1,540,000

             (3) Vacant positions within the Mental Health Information System budget              50,090   0

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 61 (Chapter 10, AB 6)ê

 

                                                                                    2009-2010              2010-2011

             (4) Medication savings management efforts in rural clinics    $273,200      $246,000

             (5) Hold vacant an administrative assistant I position and a health program support specialist in the Substance Abuse Prevention and Treatment Agency and change the funding source to use a Substance Abuse Prevention and Treatment block grant for one management analyst position       145,846      207,189

             (6) New participants receiving autism treatment from Desert Regional Center not using the full monthly allotment of available funds for Fiscal Year 2010                  120,000      0

             (7) Medication savings management efforts in Southern Nevada 2,066,944             2,766,262

             (8) Temporarily reduce by 22 the number of inpatient mental health hospital beds available at Rawson-Neal Hospital and hold vacant 18 positions at Rawson-Neal Hospital    304,761 1,228,660

             (9) Close certain buildings on the Northern Nevada Adult Mental Health Services site           150,000      150,000

             (10) Reduction of out-of-state travel for administration during Fiscal Year 2010    5,700      0

             (11) Reduction in the number of psychiatric visits for clients at rural clinics and reduce funding for contract psychiatrists for rural Nevada................... 265,000                      25,921

             (12) Eliminate caseload growth in the Jobs and Day Training Services in rural Nevada          226,110      223,436

             (13) Delay access for purchase of services through the Rural Regional Center for families with a developmentally disabled family member............... 45,000                      55,000

             (14) Reduction of 3 percent of the prevention efforts of the Substance Abuse Prevention and Treatment Agency for Fiscal Year 2010................. 176,481                                0

             (15) Hold vacant the following 12 positions at Lakes Crossing Center for Offenders With Mental Disorders: (1) six forensic specialist III positions; (2) two forensic specialist IV positions; (3) one senior correctional officer; (4) one administrative assistant; (5) one quality assurance specialist; and (6) one psychiatric nurse.......................................................... 728,313                   637,934

 

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 62 (Chapter 10, AB 6)ê

 

                                                                                    2009-2010              2010-2011

             (16) Eliminate budgeted caseload growth at the Desert Regional Center for supportive living arrangements for people with developmental disabilities $5,497,635 $4,090,082

             (17) Eliminate budgeted caseload growth at the Sierra Regional Center for supportive living arrangements for people with developmental disabilities 1,720,076 2,027,656

             (18) Reduction of the Southern Nevada Adult Mental Health residential placement assistance caseload..................................................................... 1,250,000                                0

      (g) Division of Child and Family Services:

             (1) Reduction of 10 percent of the funds provided for the support of China Spring Youth Camp and Aurora Pines Girls Facility in Douglas County and the Spring Mountain Youth Camp in Clark County      0    170,498

             (2) Reduction of residential care funding for children that are not in the custody of the Division      350,000................................................................... 350,000

             (3) Reduction of funding available for substitute foster care and residential care    573,247 537,436

             (4) Increased projections in Medicaid revenue based on the approved Public Assistance Cost Allocation Plan of the Division................................. 400,000                   320,000

             (5) Reduction of placement prevention program contracts         80,000      80,000

             (6) Close the Summit View Youth Correctional Center and eliminate 49 positions at this facility      347,847............................................................... 4,997,827

             (7) Hold vacant an accounting assistant position, a management analyst position and a social services program specialist position........................... 65,593                   134,141

             (8) Hold vacant two information technology professional positions in the UNITY/SACWIS budget, and reduction of out-of-state and in-state travel, the information services budget and the training budget      113,053................................................................... 111,294

             (9) Reduction of the residential care budget for youth in the custody of Youth Parole Bureau and reduce transitional community reintegration efforts for youth in the custody of the Youth Parole Bureau      600,000................................................................... 300,000

             (10) Reduction in funding for contract mental health rehabilitative services provided by the Division for uninsured children in Clark County..... 90,000                      90,000

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 63 (Chapter 10, AB 6)ê

 

                                                                                    2009-2010              2010-2011

             (11) Eliminate a part-time administrative assistant position and a part-time accounting clerk position for a total reduction of 1.02 FTE with the Southern Nevada Child and Adolescent Services      $8,753..................................................................... $29,143

      14.  Lieutenant Governor’s Office..................... $19,366                   $61,079

      15.  Department of Motor Vehicles......................... $608                      $1,823

      16.  Office of the Governor:

      (a) Governor’s Office......................................... $147,005                 $227,754

      (b) Office of Energy................................................ 10,099                      34,207

      (c) Agency for Nuclear Projects............................ 61,221                   175,535

      17.  Office of Veterans’ Services........................ $86,787                 $244,963

      18.  Commission on Postsecondary Commission $27,607               $18,793

      19.  Department of Public Safety................. $1,779,932              $2,193,167

      20.  State Public Works Board............................ $16,406                   $23,510

      21.  Department of Taxation.............................. $62,701                 $432,807

      22.  Department of Wildlife................................ $29,038                   $84,889

      23.  Nevada System of Higher Education $11,524,182           $34,572,454

      24.  Office of the State Treasurer....................... $40,964                 $122,126

      25.  Office of State Controller.......................... $146,106                 $398,758

      26.  Legislative Fund....................................... $1,003,146              $2,204,745

      27.  Board of Examiners Salary Adjustment Account $0           $8,089,065

      Sec. 2.  The following reductions are hereby made to the appropriations from the State General Fund made pursuant to chapter 388, Statutes of Nevada 2009, at page 2105, for the support of the Government of the State of Nevada for the fiscal years beginning July 1, 2009, and ending June 30, 2010, and beginning July 1, 2010, and ending June 30, 2011, as a result of the elimination of certain vacant positions:

 

                                                                                    2009-2010              2010-2011

      1.  The Office of Attorney General—Attorney General Administration Account            $58,755      $823,607

      2.  Department of Agriculture—Veterinary Medical Services          $20,329      $192,805

      3.  Department of Business and Industry—Real Estate Administration $52,836             $157,717

      4.  Department of Conservation and Natural Resources:

      (a) Conservation and Natural Resources Administration                           $0      $19,856

      (b) Division of State Parks..................................... 33,143                      54,596

      (c) Division of Water Resources........................... 25,211                                0

      (d) DEP - Water Quality Planning................................... 0                      64,146

      5.  Department of Corrections:

      (a) Correctional Programs.............................................. $0                 $255,686

      (b) Medical Care................................................................ 0                   604,144

 

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 64 (Chapter 10, AB 6)ê

 

                                                                                    2009-2010              2010-2011

      6.  Department of Cultural Affairs:

      (a) Division of Museums and History......................... $0                   $56,287

      (b) Nevada Historical Society, Reno.............................. 0                      15,167

      (c) Nevada State Museum, Carson City....................... 0                      39,808

      (d) Nevada State Railroad Museums.................. 54,787                      55,512

      (e) Archives and Records................................................. 0                      40,855

      7.  Department of Education—Education State Programs                $6,995      $20,884

      8.  Department of Employment, Training and Rehabilitation—Nevada Equal Rights Commission      $31,592............................................................................. $0

      9.  Department of Health and Human Services:

      (a) Division for Aging and Disability Services—Home and Community-Based Programs            $46,862      $140,367

      (b) Division of Health Care Financing and Policy:

             (1) Health Care Financing and Policy Administration                  21,924      65,835

             (2) Nevada Check-Up Program........................ 1,472                      49,515

      (c) Health Division:

             (1) Chronic Disease............................................. 2,998                                0

             (2) Community Health Services..................... 52,816                      55,491

             (3) Consumer Health Protection.................. 194,572                   264,878

             (4) Early Intervention Services....................... 67,324                   152,980

             (5) Emergency Medical Services.................... 23,399                      24,226

             (6) Health Statistics and Planning.................. 13,594                      41,134

      (d) Division of Welfare and Supportive Services—Welfare Field Services Account        5,647      17,026

      (e) Division of Mental Health and Developmental Services:

             (1) Sierra Regional Center............................... 28,025                      83,988

             (2) Desert Regional Center.............................. 18,846                      56,730

             (3) Northern Nevada Adult Mental Health Services                      28,233      87,652

      (f) Division of Child and Family Services:

             (1) Child and Family Administration............ 63,671                   190,791

             (2) Nevada Youth Training Center................ 39,130                   117,736

             (3) Northern Nevada Child and Adolescent Services                  299,102      309,160

             (4) Rural Child Welfare.................................... 24,053                      72,741

             (5) Southern Nevada Child and Adolescent Services                              0      65,672

             (6) Unity/SACWIS............................................ 16,438                      48,902

             (7) Wraparound in Nevada............................. 96,125                   172,935

      10.  Office of Veterans’ Services—Southern Nevada Veterans’ Home $11,059              $44,941

 

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 65 (Chapter 10, AB 6)ê

 

                                                                                    2009-2010              2010-2011

      11.  Commission on Postsecondary Education......... $0                      $9,511

      12.  Department of Public Safety—Training Division $0                $106,542

      13.  Department of Wildlife................................ $19,797                   $40,087

      Sec. 3.  The following reductions are hereby made to the appropriations from the State General Fund made pursuant to chapter 388, Statutes of Nevada 2009, at page 2105, for the support of the Government of the State of Nevada for the fiscal years beginning July 1, 2009, and ending June 30, 2010, and beginning July 1, 2010, and ending June 30, 2011, with respect to travel and training expenses:

 

                                                                                    2009-2010              2010-2011

      1.  Office of the Military...................................... $11,800                      $9,192

      2.  Department of Administration:

      (a) Budget and Planning Division...................... $13,584                   $27,361

      (b) Division of Internal Audits................................. 9,310                      11,145

      3.  Department of Agriculture:

      (a) Agriculture Administration.............................. $6,497                   $14,100

      (b) Plant Industry Program...................................... 3,309                        3,309

      (c) Veterinary Medical Services.............................. 2,958                        3,546

      4.  Department of Business and Industry:

      (a) Business and Industry—Administration.......... $110                         $201

      (b) Consumer Affairs................................................ 2,725                        2,589

      (c) Real Estate Administration................................... 133                           236

      (d) Office of Labor Commissioner......................... 4,185                        1,052

      5.  State Department of Conservation and Natural Resources:

      (a) Conservation and Natural Resources—Administration                $8,885      $1,000

      (b) Division of State Parks....................................... 9,857                      17,539

      (c) Division of Water Resources........................... 12,702                      21,354

      6.  Department of Corrections:

      (a) Correctional Programs...................................... $3,791                      $3,791

      (b) Office of the Director........................................ 11,908                      11,908

      7.  Department of Cultural Affairs:

      (a) Cultural Affairs Administration...................... $7,045                   $10,045

      (b) Lost City Museum.................................................. 600                           674

      (c) Nevada State Museum, Carson City................... 500                        1,652

      (d) Nevada State Museum, Las Vegas.................. 2,214                        2,664

      (e) Nevada State Railroad Museums..................... 1,468                        1,468

      (f) Archives and Records............................................. 642                        2,179

      (g) Nevada State Library.......................................... 2,994                        5,102

      (h) Nevada State Library—Literacy...................... 4,316                                0

      (i) Nevada Arts Council............................................ 5,338                        4,152

      (j) Comstock Historic District.......................................... 0                           511

      (k) State Historic Preservation Office.................... 1,805                        1,805

 

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 66 (Chapter 10, AB 6)ê

 

                                                                                    2009-2010              2010-2011

      8.  Department of Health and Human Services:

      (a) Division of Health Care Financing and Policy:

             (1) Health Care Financing and Policy Administration                $29,449      $50,108

             (2) Nevada Check-Up Program........................... 492                           492

      (b) Health Division:

             (1) Consumer Health Protection....................... 6,703                        7,967

             (2) Emergency Medical Services.................... 23,066                      23,066

             (3) Health Statistics and Planning....................... 281                           281

             (4) Maternal Child Health Services............... 17,144                      24,827

             (5) Office of Health Administration.................... 958                        2,390

      (c) Division of Welfare and Supportive Services:

             (1) Welfare Administration................................ 4,431                        6,705

             (2) Welfare Field Services Account.................. 2,450                        2,450

      (d) Division of Mental Health and Developmental Services:

             (1) Sierra Regional Center.................................. 5,625                      13,769

             (2) Desert Regional Center.............................. 16,789                      16,348

             (3) Mental Health Information System.......... 4,600                        4,800

             (4) Mental Health and Developmental Services Administration 25,000      38,921

             (5) Northern Nevada Adult Mental Health Services                      27,300      39,150

             (6) Rural Regional Center.................................. 3,322                      10,519

             (7) Southern Nevada Adult Mental Health Services                     41,000      44,000

             (8) Substance Abuse Prevention and Treatment Agency             20,810      33,948

      (e) Division of Child and Family Services:

             (1) Child and Family Administration............ 19,766                      17,420

             (2) Northern Nevada Child and Adolescent Services                       1,325      2,273

             (3) Rural Child Welfare.................................... 40,119                      38,596

             (4) Southern Nevada Child and Adolescent Services                      4,338      9,596

             (5) Wraparound in Nevada............................... 6,735                      11,142

             (6) Youth Parole Services................................ 36,259                      40,249

      9.  Office of Veterans’ Services:

      (a) Commissioner for Veterans’ Affairs.............. $5,874                      $7,234

      (b) Southern Nevada Veterans’ Home................ 10,667                      16,135

      10.  Department of Public Safety:

      (a) Dignitary Protection.......................................... $1,764                      $4,129

      (b) Division of Investigations................................ 11,800                      13,708

      (c) Division of Emergency Management............ 20,325                                0

      (d) State Fire Marshal................................................... 810                                0

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 67 (Chapter 10, AB 6)ê

 

                                                                                    2009-2010              2010-2011

      (e) Narcotics Control............................................... $5,670                      $5,668

      (f) Division of Parole and Probation.................... 10,494                      11,100

      (g) Training Division.................................................. 5,349                        5,354

      11.  Department of Wildlife................................... $5,100                      $2,365

      Sec. 4.  The following reductions are hereby made to the appropriations from the State General Fund made pursuant to chapter 388, Statutes of Nevada 2009, at page 2105, for the support of the Government of the State of Nevada for the fiscal years beginning July 1, 2009, and ending June 30, 2010, and beginning July 1, 2010, and ending June 30, 2011:

 

                                                                                    2009-2010              2010-2011

      1.  Department of Administration—Division of Internal Audits               $0      $9,534

      2.  The Office of Attorney General—Special Litigation Account $152,601      $718,163

      3.  Department of Cultural Affairs:

      (a) Cultural Affairs Administration...................... $1,470                   $18,555

      (b) Nevada State Library................................................. 0                        8,809

      4.  Department of Education:

      (a) Nutrition Education Programs...................... $24,648                              $0

      (b) Education State Programs......................................... 0                   886,602

      5.  Department of Health and Human Services:

      (a) Division for Aging and Disability Services—Aging Federal Programs and Administration      $209,238.............................................................. $211,730

      (b) Health Division—Emergency Medical Services.... 0                        6,910

      (c) Division of Mental Health and Developmental Services:

            (1) Sierra Regional Center............................. 327,630                   642,800

             (2) Desert Regional Center............................ 529,029                   571,305

             (3) Mental Health and Developmental Services Administration   7,000      5,800

             (4) Northern Nevada Adult Mental Health Services                      54,858      0

             (5) Rural Regional Center................................ 63,653                   307,160

             (6) Southern Nevada Adult Mental Health Services                                0      104,000

             (7) Substance Abuse Prevention and Treatment Agency             38,296      0

      6.  Office of the Governor—Energy Conservation $28,397             $41,377

      7.  Office of Veterans’ Services:

      (a) Commissioner for Veterans’ Affairs........... $15,068                   $10,239

      (b) Southern Nevada Veterans’ Home.................. 4,643                      30,695

      8.  Department of Public Safety:

      (a) Division of Investigations.............................. $52,810                 $114,345

      (b) Narcotics Control............................................ 159,634                   508,002

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 68 (Chapter 10, AB 6)ê

 

      Sec. 5.  1.  The appropriations from the State General Fund for the Supreme Court of Nevada made pursuant to chapter 388, Statutes of Nevada 2009, at page 2106, for the fiscal years beginning July 1, 2009, and ending June 30, 2010, and beginning July 1, 2010, and ending June 30, 2011, are hereby reduced by $1,055,640.

      2.  The reduction required pursuant to subsection 1 may be made in either or both fiscal years of the 2009-2011 biennium at the discretion of the Nevada Supreme Court.

      Sec. 6.  The following reductions are hereby made to the appropriations from the State General Fund made pursuant to chapter 388, Statutes of Nevada 2009, at page 2105, for the support of the Government of the State of Nevada for the fiscal year beginning July 1, 2010, and ending June 30, 2011:

      1.  Department of Cultural Affairs

      (a) Lost City Museum............................................................................ $18,758

      (b) Nevada Historical Society, Reno........................................................ 2,430

      (c) Nevada State Museum, Carson City............................................... 56,608

      (d) Nevada State Museum, Las Vegas.................................................... 4,862

      (e) Nevada State Railroad Museums.................................................. 112,866

      2.  State Department of Conservation and Natural Resources—Division of State Parks               $1,086,000

      Sec. 7.  The expenditures of the following sums by the State Gaming Control Board and the Nevada Gaming Commission from the State General Fund pursuant to NRS 463.330 that were authorized pursuant to sections 3 and 4 of chapter 392, Statutes of Nevada 2009, at page 2177, are hereby reduced for the fiscal years beginning July 1, 2009, and ending June 30, 2010, and beginning July 1, 2010, and ending June 30, 2011, as follows:

 

                                                                                    2009-2010              2010-2011

      1.  For personnel, operating and related expenditures:

      (a) Nevada Gaming Commission...................... $17,479                      $6,860

      (b) State Gaming Control Board..................... 1,031,520                   986,162

      2.  For other State Gaming Control Board reductions $0             $4,236,650

      Sec. 8.  1.  Expenditure of the following sums not appropriated from the State General Fund is hereby authorized by the State Gaming Control Board from money collected by the State Gaming Control Board:

      (a) For the fiscal year beginning on July 1, 2009, and ending on June 30, 2010              $415,512

      (b) For the fiscal year beginning on July 1, 2010, and ending on June 30, 2011              $4,286,031

      2.  The money authorized to be expended by the provisions of subsection 1 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. 9.  Expenditure of the following sums not appropriated from the State General Fund is hereby authorized during the fiscal year beginning on July 1, 2010, and ending on June 30, 2011, by the various officers, departments, boards, agencies, commissions and institutions of the State Government mentioned in this section from the money collected by such officers, departments, boards, agencies, commissions and institutions of the State Government:

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 69 (Chapter 10, AB 6)ê

 

departments, boards, agencies, commissions and institutions of the State Government mentioned in this section from the money collected by such officers, departments, boards, agencies, commissions and institutions of the State Government:

      1.  Department of Cultural Affairs:

      (a) Lost City Museum............................................................................ $18,758

      (b) Nevada Historical Society.................................................................... 2,430

      (c) Nevada State Museum, Carson City............................................... 56,608

      (d) Nevada State Museum, Las Vegas.................................................... 4,862

      (e) Nevada State Railroad Museums.................................................. 112,866

      2.  State Department of Conservation and Natural Resources—Division of State Parks               $1,086,000

      Sec. 10.  The money authorized to be expended by the provisions of section 9 of this act 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. 11.  1.  The following changes are hereby made to the appropriations from the State General Fund made pursuant to chapter 388, Statutes of Nevada, at page 2105, for the support of the Nevada System of Higher Education for the fiscal year beginning July 1, 2009, and ending June 30, 2010, and beginning July 1, 2010, and ending June 30, 2011:

 

                                                                                    2009-2010              2010-2011

      (a) The following reductions are hereby made: $92,389,311                     $0

      (b) The following increases are hereby made:.............. 0              92,389,311

      2.  The following changes are hereby made to the expenditure of Federal education stabilization funds received pursuant to the American Recovery and Reinvestment Act of 2009 not appropriated from the State General Fund and authorized pursuant to chapter 392, Statutes of Nevada 2009, at page 2166:

 

                                                                                    2009-2010              2010-2011

      (a) The following increases are hereby made: $92,389,311                        $0

      (b) The following reductions are hereby made:........... 0              92,389,311

Ê The changes authorized under this subsection are made pursuant to section 19 of chapter 392, Statutes of Nevada 2009, at page 2186.

      3.  The Board of Regents of the University of Nevada, with the approval of the Interim Finance Committee upon the recommendation of the Governor, shall determine how the changes authorized pursuant to this section shall be implemented consistent with the purposes of the Federal education stabilization program of the American Recovery and Reinvestment Act of 2009.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 70 (Chapter 10, AB 6)ê

 

      Sec. 12.  The following changes are hereby made to the appropriations from the State General Fund made pursuant to chapter 388, Statutes of Nevada 2009, at page 2105, for the support of the government of the State of Nevada for the fiscal years beginning June 1, 2009, and ending June 30, 2010, and beginning July 1, 2010, and ending June 30, 2011:

 

                                                                                    2009-2010              2010-2011

 

For the Department of Corrections, the following reductions are made:

 

Medical Care........................................... $20,090,364                              $0

Southern Desert Correctional Center....... 9,752,970                                0

Ely State Prison......................................... 12,870,676                                0

Lovelock Correctional Center................ 10,957,802                                0

High Desert State Prison.......................... 18,506,257                                0

 

For the Department of Corrections, the following increases are made:

 

Medical Care............................................................. $0           $20,090,364

Southern Desert Correctional Center ...................... 0                9,752,970

Ely State Prison............................................................ 0              12,870,676

Lovelock Correctional Center .................................. 0              10,957,802

High Desert State Prison............................................. 0              18,506,257

      Sec. 13.  The following changes are hereby made to the expenditure of the following sums received pursuant to the American Recovery and Reinvestment Act of 2009 not appropriated from the State General Fund during the fiscal year beginning on July 1, 2010.

 

                                                                                    2009-2010              2010-2011

 

For the Department of Corrections, the following reductions are made:

 

Medical Care............................................................. $0           $20,090,364

Southern Desert Correctional Center....................... 0                9,752,970

Ely State Prison............................................................ 0              12,870,676

Lovelock Correctional Center................................... 0              10,957,802

High Desert State Prison............................................. 0              18,506,257

 

For the Department of Corrections, the following increases are made:

 

Medical Care........................................... $20,090,364                              $0

Southern Desert Correctional Center....... 9,752,970                                0

Ely State Prison......................................... 12,870,676                                0

Lovelock Correctional Center................ 10,957,802                                0

High Desert State Prison.......................... 18,506,257                                0

      Sec. 14.  1.  The State Public Works Board shall transfer the sum of $700,000 from the amounts allocated pursuant to section 3 of chapter 347, Statutes of Nevada 2007, at page 1641, from the projects identified in this subsection to the project as authorized in subsection 2:

 

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 71 (Chapter 10, AB 6)ê

 

      Description                                                         Project No.                   Amount

      (a) Statewide ADA Program.................................. 07-S02                 $200,000

      (b) Statewide Fire Life Safety Program............... 07-S03                 $500,000

      2.  The State Public Works Board shall use the $700,000 transferred pursuant to paragraph (a) and (b) of subsection 1 to support the Board in carrying out the project numbered and described in the Executive Budget for the 2007-2009 biennium or otherwise described as Project 07-C02, New State Museum in Las Vegas – deferred construction.

      3.  Any remaining balance of the amount transferred in this section must not be committed for expenditure after June 30, 2011, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the Bond Interest and Redemption Fund on or before September 16, 2011.

      Sec. 15.  1.  The State Public Works Board shall transfer the sum of $1,441,638 from the amounts allocated pursuant to section 4 of chapter 398, Statutes of Nevada 2005, at page 1547, from the projects identified in this subsection to the projects as authorized in subsections 2 and 3:

 

      Description                                                         Project No.                   Amount

      (a) Las Vegas readiness center for Nevada National Guard             05-C13      $933,638

      (b) New classroom building on West Charleston Campus of CCSN 05-C20     $508,000

      2.  The State Public Works Board shall use the $933,638 transferred pursuant to paragraph (a) of subsection 1 to support the Board in carrying out the project numbered and described in the Executive Budget for the 2005-2007 biennium or otherwise described as Project 05-M15, Sewage treatment upgrades at ESP.

      3.  The State Public Works Board shall use the $508,000 transferred pursuant to paragraph (b) of subsection 1 to support the Board in carrying out the project numbered and described in the Executive Budget for the 2005-2007 biennium or otherwise described as Project 05-C16, Greenspun College of Urban Affairs building at the University of Nevada, Las Vegas.

      4.  Any remaining balance of the amount transferred in this section must not be committed for expenditure after June 30, 2011, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the Bond Interest and Redemption Fund on or before September 16, 2011.

      Sec. 16.  1.  Notwithstanding any other provision of law to the contrary, upon approval of the Chief of the Budget Division of the Department of Administration, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, revisions in the following work programs must be processed and carried out, as soon as practicable, without further legislative approval:

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 72 (Chapter 10, AB 6)ê

 

      (a) For the work program for Budget Account 409-1508, State Public Works Board – UNLV CIP-Greenspun CUA, by transferring $508,000 to Category 93, Reserve for Reversion, within that Account.

      (b) For the work program for Budget Account 410-1558, State Public Works Board - SPWB General CIP Projects, by transferring $700,000 to Category 93, Reserve for Reversion, within that Account.

      (c) For the work program for Budget Account 466-1565, State Public Works Board - Prisons CIP Projects, by transferring $933,638 to Category 93, Reserve for Reversion, within that Account.

      2.  Notwithstanding any other provision of law to the contrary, all money transferred to Category 93, Reserve for Reversion, in each budget account pursuant to subsection 1 must, as soon as practicable, be transferred to Budget Account 101-9081, Budget Reserve, and must be reverted to the State General Fund at the close of Fiscal Year 2009-2010, not later than September 17, 2010.

      Sec. 17.  1.  In addition to the other reductions in the sums appropriated for the fiscal years beginning July 1, 2009, and ending June 30, 2010, and beginning July 1, 2010, and ending June 30, 2011, carried out pursuant to this act, the Executive, Judicial and Legislative Departments of State Government shall identify any additional reductions that may be made to those appropriated sums as a result of the renegotiation of contracts for services or for the rental or leasing of buildings, facilities or real property.

      2.  If any such additional reductions are identified, the Department shall renegotiate the applicable contracts and the money saved must be reserved for reversion to the State General Fund in the manner provided by law.

      Sec. 18.  1.  The Legislature finds and declares that:

      (a) The transfer of money from the Clean Water Coalition to the State General Fund is necessary to ensure that the government of this State is able to continue to operate effectively and to serve the residents, businesses and governmental entities of this State;

      (b) The transfer of money from the Clean Water Coalition to the State General Fund will promote the general welfare of this State; and

      (c) A general law cannot be made applicable to the provisions of this section because of special circumstances.

        2.  On March 12, 2010, or such other day as is mutually agreed upon by the Clean Water Coalition and the State Treasurer, the Clean Water Coalition shall transfer to the State of Nevada securities and cash which together total $62,000,000, for deposit in the State General Fund for unrestricted State General Fund use.

        3.  For the purposes of subsection 2, the dollar amount of value assigned to each of the securities that is transferred must be the market value of the securities on the last business day before the day of the transfer as determined by the State Treasurer’s Securities Custodian.

        4.  All securities transferred to the State of Nevada pursuant to subsection 2 must be approved in advance by the State Treasurer and must constitute appropriate investments of the State of Nevada in accordance with law.

        5.  The State Treasurer may take any action the State Treasurer determines necessary to ensure that the transfer of the securities and cash required by the provisions of this section is carried out in an appropriate and timely manner.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 73 (Chapter 10, AB 6)ê

 

      6.  The provisions of this section must not be applied to modify, directly or indirectly, any pledged revenues or securities in such a manner as to impair adversely any outstanding obligations of the Clean Water Coalition, including, without limitation, bonds, medium-term financing, letters of credit and any other financing obligations, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made.

      Sec. 19.  NRS 2.125 is hereby amended to read as follows:

      2.125  The Supreme Court may adopt rules providing for voluntary mediation with respect to [a] :

      1.  A homeowner who is not in default but is at risk of default.

      2.  A small business whose commercial property is in default. If the Supreme Court adopts such rules, the Supreme Court shall consider:

      (a) The goals and purposes of the mediation process;

      (b) The necessity, efficiency and desirability of allowing mediation for the various types of commercial property; and

      (c) Any other factor that is relevant in determining whether allowing mediation under the circumstances is in the best interests of the residents, businesses and governmental entities in this State.

      Sec. 20.  NRS 78.780 is hereby amended to read as follows:

      78.780  The fee for filing a certificate of dissolution whether it occurs before or after payment of capital and beginning of business is [$75.] $100.

      Sec. 21.  NRS 80.050 is hereby amended to read as follows:

      80.050  1.  Except as otherwise provided in subsection 3, foreign corporations shall pay the same fees to the Secretary of State as are required to be paid by corporations organized pursuant to the laws of this State, but the amount of fees to be charged must not exceed:

      (a) The sum of $35,000 for filing records for initial qualification; or

      (b) The sum of $35,000 for each subsequent filing of a certificate increasing authorized capital stock.

      2.  If the corporate records required to be filed set forth only the total number of shares of stock the corporation is authorized to issue without reference to value, the authorized shares shall be deemed to be without par value and the filing fee must be computed pursuant to paragraph (b) of subsection 3 of NRS 78.760.

      3.  Foreign corporations which are nonprofit corporations and which do not have or issue shares of stock shall pay the same fees to the Secretary of State as are required to be paid by nonprofit corporations organized pursuant to the laws of this State.

      4.  The fee for filing a notice of withdrawal from the State of Nevada by a foreign corporation is [$75.] $100.

      Sec. 22.  NRS 86.561 is hereby amended to read as follows:

      86.561  1.  The Secretary of State shall charge and collect for:

      (a) Filing the original articles of organization, or for registration of a foreign company, $75;

      (b) Amending or restating the articles of organization, amending the registration of a foreign company or filing a certificate of correction, $175;

      (c) Filing the articles of dissolution of a domestic or foreign company, [$75;] $100;

      (d) Certifying a copy of articles of organization or an amendment to the articles, $30;

      (e) Certifying an authorized printed copy of this chapter, $30;

 


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      (f) Reserving a name for a limited-liability company, $25;

      (g) Filing a certificate of cancellation, [$75;] $100;

      (h) Signing, filing or certifying any other record, $50; and

      (i) Copies provided by the Office of the Secretary of State, $2 per page.

      2.  The Secretary of State shall charge and collect, at the time of any service of process on the Secretary of State as agent for service of process of a limited-liability company, $100 which may be recovered as taxable costs by the party to the action causing the service to be made if the party prevails in the action.

      3.  Except as otherwise provided in this section, the fees set forth in NRS 78.785 apply to this chapter.

      Sec. 23.  NRS 87.470 is hereby amended to read as follows:

      87.470  The registration of a registered limited-liability partnership is effective until:

      1.  Its certificate of registration is revoked pursuant to NRS 87.520; or

      2.  The registered limited-liability partnership files with the Secretary of State a notice of withdrawal signed by a managing partner. The notice must be accompanied by a fee of [$75.] $100.

      Sec. 24.  NRS 87A.315 is hereby amended to read as follows:

      87A.315  The Secretary of State, for services relating to the official duties of the Secretary of State and the records of the Office of the Secretary of State, shall charge and collect the following fees:

      1.  For filing a certificate of limited partnership, or for registering a foreign limited partnership, $75.

      2.  For filing a certificate of registration of limited-liability limited partnership, or for registering a foreign registered limited-liability limited partnership, $100.

      3.  For filing a certificate of amendment of limited partnership or restated certificate of limited partnership, $175.

      4.  For certifying a copy of a certificate of limited partnership, an amendment to the certificate, or a certificate as amended, $30 per certification.

      5.  For certifying an authorized printed copy of the limited partnership law, $30.

      6.  For reserving a limited partnership name, or for signing, filing or certifying any other record, $25.

      7.  For copies provided by the Office of the Secretary of State, $2 per page.

      8.  For filing a certificate of cancellation of a limited partnership or a certificate of cancellation of the registration of a foreign limited partnership, [$75.] $100.

Ê Except as otherwise provided in this section, the fees set forth in NRS 78.785 apply to this chapter.

      Sec. 25.  NRS 87A.645 is hereby amended to read as follows:

      87A.645  The registration of a registered limited-liability limited partnership is effective until:

      1.  Its certificate of registration is revoked pursuant to NRS 87A.305; or

      2.  The registered limited-liability limited partnership files with the Secretary of State a notice of withdrawal signed by a general partner. The notice must be accompanied by a fee of [$60.] $100.

 


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      Sec. 26.  NRS 88.415 is hereby amended to read as follows:

      88.415  The Secretary of State, for services relating to the official duties of the Secretary of State and the records of the Office of the Secretary of State, shall charge and collect the following fees:

      1.  For filing a certificate of limited partnership, or for registering a foreign limited partnership, $75.

      2.  For filing a certificate of registration of limited-liability limited partnership, or for registering a foreign registered limited-liability limited partnership, $100.

      3.  For filing a certificate of amendment of limited partnership or restated certificate of limited partnership, $175.

      4.  For certifying a copy of a certificate of limited partnership, an amendment to the certificate, or a certificate as amended, $30 per certification.

      5.  For certifying an authorized printed copy of the limited partnership law, $30.

      6.  For reserving a limited partnership name, or for signing, filing or certifying any other record, $25.

      7.  For copies provided by the Office of the Secretary of State, $2 per page.

      8.  For filing a certificate of cancellation of a limited partnership, [$75.] $100.

Ê Except as otherwise provided in this section, the fees set forth in NRS 78.785 apply to this chapter.

      Sec. 27.  NRS 88.607 is hereby amended to read as follows:

      88.607  The registration of a registered limited-liability limited partnership is effective until:

      1.  Its certificate of registration is revoked pursuant to NRS 88.405; or

      2.  The registered limited-liability limited partnership files with the Secretary of State a notice of withdrawal signed by a general partner. The notice must be accompanied by a fee of [$60.] $100.

      Sec. 28.  NRS 88A.900 is hereby amended to read as follows:

      88A.900  The Secretary of State shall charge and collect the following fees for:

      1.  Filing an original certificate of trust, or for registering a foreign business trust, $75.

      2.  Filing an amendment or restatement, or a combination thereof, to a certificate of trust, $175.

      3.  Filing a certificate of cancellation, [$75.] $100.

      4.  Certifying a copy of a certificate of trust or an amendment or restatement, or a combination thereof, $30 per certification.

      5.  Certifying an authorized printed copy of this chapter, $30.

      6.  Reserving a name for a business trust, $25.

      7.  Signing a certificate of existence of a business trust which does not list the previous records relating to it, or a certificate of change in the name of a business trust, $50.

      8.  Signing a certificate of existence of a business trust which lists the previous records relating to it, $50.

      9.  Signing, certifying or filing any certificate or record not otherwise provided for in this section, $50.

      10.  Examining and provisionally approving a record before the record is presented for filing, $125.

 


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      11.  Copying a record on file with the Secretary of State, for each page, $2.

      Sec. 29.  NRS 90.360 is hereby amended to read as follows:

      90.360  1.  An applicant for licensing shall pay a nonrefundable licensing fee, due annually in the following amounts:

      (a) Broker-dealer, $300.

      (b) Sales representative, [$110.] $125.

      (c) Investment adviser, $300.

      (d) Representative of an investment adviser, $110.

      2.  The Administrator by regulation shall require licensing of branch offices. A broker-dealer who desires to obtain a branch office license must, in addition to complying with any other requirements established by the Administrator for such a license, submit an application for the license and pay a fee of $100. If any change occurs in the information set forth in an application made pursuant to this subsection, the applicant shall, within 30 days after the change, file an amendment to the application and pay a fee of $50. A license obtained pursuant to this subsection expires on December 31 of each year. The license must be renewed annually on or before December 31 by paying a fee of $100.

      3.  For the purpose of this section, a “branch office” means any place of business in this State other than the principal office in the state of the broker-dealer, from which one or more sales representatives transact business.

      Sec. 30.  NRS 104.9525 is hereby amended to read as follows:

      104.9525  1.  Except as otherwise provided in subsection 5, the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection 2 of NRS 104.9502, is:

      (a) [Forty] Sixty dollars if the record is communicated in writing and consists of one or two pages;

      (b) [Sixty] Ninety dollars if the record is communicated in writing and consists of more than two pages, and $2 for each page over 20 pages;

      (c) [Twenty] Thirty dollars if the record is communicated by another medium authorized by filing-office rule; and

      (d) Two dollars for each additional debtor, trade name or reference to another name under which business is done.

      2.  The filing officer may charge and collect $2 for each page of copy or record of filings produced by him or her at the request of any person.

      3.  Except as otherwise provided in subsection 5, the fee for filing and indexing an initial financing statement of the kind described in subsection 3 of NRS 104.9502 is:

      (a) [Sixty] Ninety dollars if the financing statement indicates that it is filed in connection with a public-finance transaction; and

      (b) [Forty] Sixty dollars if the financing statement indicates that it is filed in connection with a manufactured-home transaction.

      4.  The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is:

      (a) [Forty] Sixty dollars if the request is communicated in writing; and

      (b) [Twenty] Thirty dollars if the request is communicated by another medium authorized by filing-office rule.

      5.  This section does not require a fee with respect to a mortgage that is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under subsection 3 of NRS 104.9502.

 


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subsection 3 of NRS 104.9502. However, the fees for recording and satisfaction which otherwise would be applicable to the mortgage apply.

      Sec. 31.  NRS 107.080 is hereby amended to read as follows:

      107.080  1.  Except as otherwise provided in NRS 107.085 and 107.086, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

      2.  The power of sale must not be exercised, however, until:

      (a) Except as otherwise provided in paragraph (b), in the case of any trust agreement coming into force:

             (1) On or after July 1, 1949, and before July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or

             (2) On or after July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment;

      (b) In the case of any trust agreement which concerns owner-occupied housing as defined in NRS 107.086, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period that commences in the manner and subject to the requirements described in subsection 3 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment;

      (c) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property to satisfy the obligation; and

      (d) Not less than 3 months have elapsed after the recording of the notice.

      3.  The 15- or 35-day period provided in paragraph (a) of subsection 2, or the period provided in paragraph (b) of subsection 2, commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must:

      (a) Describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2; and

 


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the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2; and

      (b) If the property is a residential foreclosure, comply with the provisions of NRS 107.087.

      4.  The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:

      (a) Providing the notice to each trustor, any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS, the State Board of Health, by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;

      (b) Posting a similar notice particularly describing the property, for 20 days successively, in three public places of the township or city where the property is situated and where the property is to be sold;

      (c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated; and

      (d) If the property is a residential foreclosure complying with the provisions of NRS 107.087.

      5.  Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. A sale made pursuant to this section may be declared void by any court of competent jurisdiction in the county where the sale took place if:

      (a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section or any applicable provision of NRS 107.086 and 107.087;

      (b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 90 days after the date of the sale; and

      (c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within 30 days after commencement of the action.

      6.  If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 120 days after the date on which the person received actual notice of the sale.

      7.  The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.

      8.  After a sale of property is conducted pursuant to this section, the trustee shall:

      (a) Within 30 days after the date of the sale, record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located; or

 


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      (b) Within 20 days after the date of the sale, deliver the trustee’s deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located.

      9.  If the successful bidder fails to record the trustee’s deed upon sale pursuant to paragraph (b) of subsection 8, the successful bidder:

      (a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorney’s fees and the costs of bringing the action; and

      (b) Is liable in a civil action for any actual damages caused by the failure to comply with the provisions of subsection 8 and for reasonable attorney’s fees and the costs of bringing the action.

      10.  The county recorder shall, in addition to any other fee, at the time of recording a notice of default and election to sell collect [the sum] :

      (a) A fee of $150 for deposit in the State General Fund.

      (b) A fee of $50 for deposit in the Account for Foreclosure Mediation, which is hereby created in the State General Fund. The Account must be administered by the Court Administrator, and the money in the Account may be expended only for the purpose of supporting a program of foreclosure mediation established by Supreme Court Rule.

Ê The fees collected pursuant to this subsection must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account [.] as prescribed pursuant to this subsection. The county recorder may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder. The county treasurer shall, on or before the 15th day of each month, remit the fees deposited by the county recorder [for the Account for Foreclosure Mediation] pursuant to this subsection to the State Controller for credit to the State General Fund or the Account [. The Account must be administered by the Court Administrator, and the money in the Account may be expended only for the purpose of supporting a program of foreclosure mediation established by Supreme Court Rule.] as prescribed in this subsection.

      11.  The beneficiary, the successor in interest of the beneficiary or the trustee who causes to be recorded the notice of default and election to sell shall not charge the grantor or the successor in interest of the grantor any portion of any fee required to be paid pursuant to subsection 10.

      12.  As used in this section, “residential foreclosure” means the sale of a single family residence under a power of sale granted by this section. As used in this subsection, “single family residence”:

      (a) Means a structure that is comprised of not more than four units.

      (b) Does not include any time share or other property regulated under chapter 119A of NRS.

      Sec. 32.  NRS 116.630 is hereby amended to read as follows:

      116.630  1.  There is hereby created the Account for Common-Interest Communities and Condominium Hotels in the State General Fund. The Account must be administered by the Administrator.

      2.  Except as otherwise provided in subsection 3, all money received by the Commission, a hearing panel or the Division pursuant to this chapter or chapter 116B of NRS, including, without limitation, the fees collected pursuant to NRS 116.31155 and 116B.620, must be deposited into the Account.

 


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chapter 116B of NRS, including, without limitation, the fees collected pursuant to NRS 116.31155 and 116B.620, must be deposited into the Account.

      3.  If the Commission imposes a fine or penalty, the Commission shall deposit the money collected from the imposition of the fine or penalty with the State Treasurer for credit to the State General Fund. If the money is so deposited, the Commission may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is required to pay attorney’s fees or the costs of an investigation, or both.

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

      5.  The money in the Account must be used solely to defray:

      (a) The costs and expenses of the Commission and the Office of the Ombudsman; [and]

      (b) If authorized by the Commission or any regulations adopted by the Commission, the costs and expenses of subsidizing proceedings for mediation and arbitration conducted pursuant to NRS 38.300 to 38.360, inclusive [.] ; and

      (c) If authorized by the Legislature or by the Interim Finance Committee if the Legislature is not in session, the costs and expenses of administering the Division.

      Sec. 33.  NRS 122A.100 is hereby amended to read as follows:

      122A.100  1.  A valid domestic partnership is registered in the State of Nevada when two persons who satisfy the requirements of subsection 2:

      (a) File with the Office of the Secretary of State, on a form prescribed by the Secretary of State, a signed and notarized statement declaring that both persons:

             (1) Have chosen to share one another’s lives in an intimate and committed relationship of mutual caring; and

             (2) Desire of their own free will to enter into a domestic partnership; and

      (b) Pay to the Office of the Secretary of State a reasonable filing fee established by the Secretary of State, which filing fee must not exceed the total of an amount set by the Secretary of State to estimate:

             (1) The cost incurred by the Secretary of State to issue the Certificate described in subsection 3; and

             (2) Any other associated administrative costs incurred by the Secretary of State.

Ê The Office of the Secretary of State shall account for the fees received pursuant to paragraph (b) separately, and use those fees, and any interest and income earned on those fees, solely to pay for expenses related to administering the registration of domestic partnerships pursuant to this chapter, including, without limitation, the cost of materials and technology necessary to process and record the filing. At the end of each fiscal year, the Secretary of State shall reconcile the amount of the fees received pursuant to paragraph (b) and the expenses related to administering the registration of domestic partnerships pursuant to this chapter and deposit any excess fees received with the State Treasurer for credit to the State General Fund.

      2.  To be eligible to register pursuant to subsection 1, two persons desiring to enter into a domestic partnership must furnish proof satisfactory to the Office of the Secretary of State that:

 


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      (a) Both persons have a common residence;

      (b) Except as otherwise provided in NRS 122A.500, neither person is married or a member of another domestic partnership;

      (c) The two persons are not related by blood in a way that would prevent them from being married to each other in this State;

      (d) Both persons are at least 18 years of age; and

      (e) Both persons are competent to consent to the domestic partnership.

      3.  The Office of the Secretary of State shall issue a Certificate of Registered Domestic Partnership to persons who satisfy the applicable requirements of this section.

      4.  As used in this section:

      (a) “Common residence” means a residence shared by both domestic partners on at least a part-time basis, irrespective of whether:

             (1) Ownership of the residence or the right to occupy the residence is in the name of only one of the domestic partners; and

             (2) One or both of the domestic partners owns or occupies an additional residence.

      (b) “Residence” means any house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence.

      Sec. 34.  NRS 176.059 is hereby amended to read as follows:

      176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 

                   Fine                                                                                          Assessment

$5 to $49.................................................................................................. [$25] $30

50 to 59......................................................................................................... [40] 45

60 to 69......................................................................................................... [45] 50

70 to 79......................................................................................................... [50] 55

80 to 89......................................................................................................... [55] 60

90 to 99......................................................................................................... [60] 65

100 to 199.................................................................................................... [70] 75

200 to 299.................................................................................................... [80] 85

300 to 399.................................................................................................... [90] 95

400 to 499............................................................................................... [100] 105

500 to 1,000............................................................................................ [115] 120

 

If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the amount of the administrative assessment that corresponds with the fine for which the defendant would have been responsible as prescribed by the schedule in this subsection.

      2.  The provisions of subsection 1 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine.

 


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against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 5 or 6. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the justice or judge shall not recalculate the administrative assessment.

      4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

      5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) Five dollars to the State Controller for credit to the State General Fund.

      (d) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund [.] for distribution as provided in subsection 8.

      6.  The money collected for administrative assessments in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure.

 


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expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) Seven dollars for credit to a special revenue fund for the use of the justice courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) Five dollars to the State Controller for credit to the State General Fund.

      (d) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund [.] for distribution as provided in subsection 8.

      7.  The money apportioned to a juvenile court, a justice court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

      (a) Training and education of personnel;

      (b) Acquisition of capital goods;

      (c) Management and operational studies; or

      (d) Audits.

      8.  Of the total amount deposited in the State General Fund pursuant to [subsections] paragraph (d) of subsection 5 and paragraph (d) of subsection 6, the State Controller shall distribute the money received to the following public agencies in the following manner:

      (a) Not less than 51 percent to the Office of Court Administrator for allocation as follows:

             (1) Thirty-six and one-half percent of the amount distributed to the Office of Court Administrator for:

                   (I) The administration of the courts;

                   (II) The development of a uniform system for judicial records; and

                   (III) Continuing judicial education.

             (2) Forty-eight percent of the amount distributed to the Office of Court Administrator for the Supreme Court.

             (3) Three and one-half percent of the amount distributed to the Office of Court Administrator for the payment for the services of retired justices and retired district judges.

             (4) Twelve percent of the amount distributed to the Office of Court Administrator for the provision of specialty court programs.

      (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

             (1) The Central Repository for Nevada Records of Criminal History;

             (2) The Peace Officers’ Standards and Training Commission;

             (3) The operation by the Department of Public Safety of a computerized interoperative system for information related to law enforcement;

             (4) The Fund for the Compensation of Victims of Crime;

             (5) The Advisory Council for Prosecuting Attorneys; and

 


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             (6) Programs within the Office of the Attorney General related to victims of domestic violence.

      9.  Any money deposited in the State General Fund pursuant to [subsections] paragraph (d) of subsection 5 and paragraph (d) of subsection 6 that is not distributed or used pursuant to paragraph (b) of subsection 8 must be transferred to the uncommitted balance of the State General Fund.

      10.  As used in this section:

      (a) “Juvenile court” has the meaning ascribed to it in NRS 62A.180.

      (b) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.

      Sec. 35.  NRS 209.221 is hereby amended to read as follows:

      209.221  1.  The Offenders’ Store Fund is hereby created as a special revenue fund. All money received for the benefit of offenders through contributions, and from other sources not otherwise required to be deposited in another fund, must be deposited in the Offenders’ Store Fund.

      2.  The Director shall:

      (a) Keep, or cause to be kept, a full and accurate account of the Fund;

      (b) Submit reports to the Board relative to money in the Fund as may be required from time to time; and

      (c) Submit a monthly report to the offenders of the amount of money in the Fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected.

      3.  Except as otherwise provided in subsections 4 to [7,] 9, inclusive, money in the Offenders’ Store Fund, except interest earned upon it, must be expended for the welfare and benefit of all offenders.

      4.  If necessary to cover a shortfall of money in the Prisoners’ Personal Property Fund, the Director may, after obtaining the approval of the Interim Finance Committee, authorize the State Controller to transfer money from the Offenders’ Store Fund to the Prisoners’ Personal Property Fund, and the State Controller shall make the transfer.

      5.  If an offender has insufficient money in his or her individual account in the Prisoners’ Personal Property Fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the Director shall authorize the State Controller to transfer sufficient money from the Offenders’ Store Fund to the appropriate account in the State General Fund to pay costs remaining unpaid, and the State Controller shall make the transfer. Any money so transferred must be accounted for separately. The Director shall cause the Offenders’ Store Fund to be reimbursed from the offender’s individual account in the Prisoners’ Personal Property Fund, as money becomes available.

      6.  If the Department incurs costs related to state property that has been willfully damaged, destroyed or lost or incurs costs related to medical examination, diagnosis or treatment for an injury to an offender, the Director may authorize the State Controller to transfer money from the Offenders’ Store Fund to the appropriate account in the State General Fund to repay or defray those costs if:

      (a) The Director has reason to believe that an offender caused the damage, destruction, loss or injury; and

      (b) The identity of the offender is unknown or cannot be determined by the Director with reasonable certainty.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 85 (Chapter 10, AB 6)ê

 

Ê The State Controller shall make the transfer if authorized by the Director. Any money transferred must be accounted for separately. If the identity of the offender is determined after money has been transferred, the Director shall cause the Offenders’ Store Fund to be reimbursed from the offender’s individual account in the Prisoners’ Personal Property Fund, as money becomes available.

      7.  The Director may, with approval of the Board, establish by regulation criteria for a reasonable deduction from money credited to the Offenders’ Store Fund to repay or defray the costs relating to the operation and maintenance of the offenders’ store, coffee shop, gymnasium and correctional officers’ salaries for visitation posts where they exist in each facility. Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.

      8.  The Director may, with approval of the Board, establish by regulation a charge on the purchase of electronic devices by offenders to defray the costs relating to the operation of the devices. The Director shall utilize the proceeds collected from the charge established for operation of the devices to offset the energy costs of the facilities within the Department. Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.

      9.  If an offender who has been assigned to a center for the purpose of making restitution is returned to an institution for committing an infraction of the regulations of the Department and the center has not been fully compensated for the cost of providing the offender with housing, transportation, meals, or medical or dental services at the center, the Director may authorize the State Controller to transfer money from the Offenders’ Store Fund to the appropriate account in the State General Fund to repay or defray those costs. The State Controller shall make the transfer if authorized by the Director. Any money transferred must be accounted for separately. The Director shall cause the Offenders’ Store Fund to be reimbursed from the offender’s individual account in the Prisoners’ Personal Property Fund, as money becomes available.

      [8.] 10.  If an offender has insufficient money in his or her individual account in the Prisoners’ Personal Property Fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the offender shall sign a statement under penalty of perjury concerning his or her financial situation. Such a statement must include, but is not limited to, the following information:

      (a) The value of any interest the offender has in real estate;

      (b) The value of the personal property of the offender;

      (c) The assets in any bank account of the offender; and

      (d) The employment status of the offender.

      [9.] 11.  The statement required by subsection [8] 10 must also authorize the Department to access any relevant document, for the purpose of verifying the accuracy of the information provided by the offender pursuant to this section, including, but not limited to, information regarding any bank account of the offender, information regarding any bank account held in trust for the offender and any federal income tax return, report or withholding form of the offender.

      [10.] 12.  An offender who conceals assets from the Department or provides false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 86 (Chapter 10, AB 6)ê

 

      [11.] 13.  A person who aids or encourages an offender to conceal assets from the Department or to provide false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.

      Sec. 36.  NRS 218H.500 is hereby amended to read as follows:

      218H.500  1.  The Legislative Commission shall adopt regulations to carry out the provisions of this chapter, may, except as otherwise provided in this subsection, require fees for registration, payable into the Legislative Fund, and may classify lobbyists for this purpose. A veteran who does not receive compensation for the veteran’s lobbying activities is not required to pay any fee established for registration if the veteran provides proof of the veteran’s discharge or release from the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions.

      2.  The Legislative Commission shall transfer the first $100,000 collected from a fee established for registration pursuant to subsection 1 to the State General Fund.

      3.  The Director shall:

      (a) Prepare and furnish forms for the statements and reports required to be filed.

      (b) Prepare and publish uniform methods of accounting and reporting to be used by persons required to file such statements and reports, including guidelines for complying with the reporting requirements of this chapter.

      (c) Accept and file any information voluntarily supplied that exceeds the requirements of this chapter.

      (d) Develop a filing, coding and cross-indexing system consistent with the purposes of this chapter.

      (e) Make the statements and reports available for public inspection during regular office hours.

      (f) Preserve the statements and reports for a period of 5 years from the date of filing.

      (g) Compile and keep current an alphabetical list of registrants, including their address, the name and address of each person for whom the registrant is lobbying and the principal areas of interest on which the registrant expects to lobby. A copy of the list must be furnished to each Legislator, to the clerks of the respective counties for preservation and public inspection, and to any person who requests a copy and pays the cost of reproduction.

      Sec. 37.  NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The Governor.

      (b) [The] Except as otherwise provided in NRS 209.221, the Department of Corrections.

      (c) The Nevada System of Higher Education.

      (d) The Office of the Military.

      (e) The State Gaming Control Board.

      (f) Except as otherwise provided in NRS 368A.140, the Nevada Gaming Commission.

      (g) The Division of Welfare and Supportive Services of the Department of Health and Human Services.

      (h) The Division of Health Care Financing and Policy of the Department of Health and Human Services.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 87 (Chapter 10, AB 6)ê

 

      (i) The State Board of Examiners acting pursuant to chapter 217 of NRS.

      (j) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

      (k) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

      (l) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

      (m) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

      2.  Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      3.  The special provisions of:

      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;

      (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

      (c) Chapter 703 of NRS for the judicial review of decisions of the Public Utilities Commission of Nevada;

      (d) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and

      (e) NRS 90.800 for the use of summary orders in contested cases,

Ê prevail over the general provisions of this chapter.

      4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      5.  The provisions of this chapter do not apply to:

      (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;

      (b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184; or

      (c) A regulation adopted by the State Board of Education pursuant to NRS 392.644 or 394.1694.

      6.  The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      Sec. 38.  NRS 240.018 is hereby amended to read as follows:

      240.018  1.  The Secretary of State may:

      (a) Provide courses of study for the mandatory training of notaries public. Such courses of study must include at least 4 hours of instruction relating to the functions and duties of notaries public.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 88 (Chapter 10, AB 6)ê

 

      (b) Charge a reasonable fee to each person who enrolls in a course of study for the mandatory training of notaries public.

      2.  A course of study provided pursuant to this section must comply with the regulations adopted pursuant to subsection 1 of NRS 240.017.

      3.  The following persons are required to enroll in and successfully complete a course of study provided pursuant to this section:

      (a) A person applying for appointment as a notary public for the first time.

      (b) A person renewing his or her appointment as a notary public, if the appointment has expired for a period greater than 1 year.

      (c) A person renewing his or her appointment as a notary public, if during the immediately preceding 4 years the person has been fined for failing to comply with a statute or regulation of this State relating to notaries public.

Ê A person who holds a current appointment as a notary public is not required to enroll in and successfully complete a course of study provided pursuant to this section if the person is in compliance with all of the statutes and regulations of this State relating to notaries public.

      4.  The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 1 in the following manner:

      (a) Seventy-five percent of the fees collected must be deposited in the State General Fund.

      (b) Twenty-five percent of the fees collected must be deposited in the Notary Public Training Fund which is hereby created as a special revenue fund in the State Treasury. The Fund must be administered by the Secretary of State. Any interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Any money remaining in the Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Fund must be carried forward. All claims against the Fund must be paid as other claims against the State are paid. The money in the Fund may be expended only to pay for expenses related to providing courses of study for the mandatory training of notaries public, including, without limitation, the rental of rooms and other facilities, advertising, travel and the printing and preparation of course materials.

      Sec. 39.  [This section was deleted.]

      Sec. 40.  Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 41 and 42 of this act.

      Sec. 41.  1.  If the Administrator of the Division of State Parks determines that current claims exceed the amount of money available because revenue from fees or assessments has not been collected or because of a delay in other expected receipts, he or she may request from the Director of the Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.

      2.  The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of his or her approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Department of Administration.

      3.  An advance from the State General Fund:

      (a) May be approved by the Director of the Department of Administration.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 89 (Chapter 10, AB 6)ê

 

      (b) Is limited to 25 percent of the revenue expected to be received in the current fiscal year from any source other than legislative appropriation.

      4.  Any money which is temporarily advanced from the State General Fund pursuant to subsection 3 must be repaid by August 31 following the end of the immediately preceding fiscal year.

      Sec. 42.  1.  If the Director of the Department of Cultural Affairs determines that current claims exceed the amount of money available because revenue from fees or assessments has not been collected or because of a delay in other expected receipts, he or she may request from the Director of the Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.

      2.  The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of his or her approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Department of Administration.

      3.  An advance from the State General Fund:

      (a) May be approved by the Director of the Department of Administration.

      (b) Is limited to 25 percent of the revenue expected to be received in the current fiscal year from any source other than legislative appropriation.

      4.  Any money which is temporarily advanced from the State General Fund pursuant to subsection 3 must be repaid by August 31 following the end of the immediately preceding fiscal year.

      Sec. 43.  NRS 440.175 is hereby amended to read as follows:

      440.175  1.  Upon request, the State Registrar may furnish statistical data to any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the Board.

      2.  No person may prepare or issue any document which purports to be an original, certified copy, certified abstract or official copy of:

      (a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the Board.

      (b) A certificate of marriage, except a county clerk, county recorder or a person so required pursuant to NRS 122.120.

      (c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.

      3.  A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall:

      (a) Not charge a fee for issuing a certified or official copy of a certificate of birth to a homeless person who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.

      (b) Remit to the State Registrar [:] fees collected which are charged in an amount established by the State Registrar by regulation:

             (1) For each registration of a birth or death in its district . [, $2.]

             (2) For each copy issued of a certificate of birth in its district, other than a copy issued pursuant to paragraph (a) . [, $7.]

             (3) For each copy issued of a certificate of death in its district . [, $1.]

      Sec. 44.  NRS 440.700 is hereby amended to read as follows:

      440.700  1.  Except as otherwise provided in this section, the State Registrar shall charge and collect [the following fees:] a fee in an amount established by the State Registrar by regulation:

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 90 (Chapter 10, AB 6)ê

 

(a) For searching the files for one name, if no copy is made . [......... $8]

(b) For verifying a vital record . [............................................................... 8]

(c) For establishing and filing a record of paternity (other than a hospital-based paternity), and providing a certified copy of the new record . [............................................................................ 20]

(d) For a certified copy of a record of birth . [...................................... 13]

(e) For a certified copy of a record of death originating in a county in which the board of county commissioners has not created an account for the support of the office of the county coroner pursuant to NRS 259.025 . [            10]

(f) For a certified copy of a record of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025 . [            $11]

(g) For correcting a record on file with the State Registrar and providing a certified copy of the corrected record . [         20]

(h) For replacing a record on file with the State Registrar and providing a certified copy of the new record . [    20]

(i) For filing a delayed certificate of birth and providing a certified copy of the certificate . [                20]

(j) For the services of a notary public, provided by the State Registrar . [   2]

(k) For an index of records of marriage provided on microfiche to a person other than a county clerk or a county recorder of a county of this State . [.............................................................. 200]

(l) For an index of records of divorce provided on microfiche to a person other than a county clerk or a county recorder of a county in this State . [................................................................... 100]

(m) For compiling data files which require specific changes in computer programming . [      200]

 

      2.  The fee collected for furnishing a copy of a certificate of birth or death [includes] must include the sum of $3 for credit to the Children’s Trust Account created by NRS 432.131.

      3.  The fee collected for furnishing a copy of a certificate of death [includes] must include the sum of $1 for credit to the Review of Death of Children Account created by NRS 432B.409.

      4.  The State Registrar shall not charge a fee for furnishing a certified copy of a record of birth to a homeless person who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.

      5.  The fee collected for furnishing a copy of a certificate of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025 [includes] must include the sum of $1 for credit to the account for the support of the office of the county coroner of the county in which the certificate originates.

      6.  Upon the request of any parent or guardian, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 91 (Chapter 10, AB 6)ê

 

the date of birth of any child as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.

      7.  The United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.

      Sec. 45.  NRS 467.107 is hereby amended to read as follows:

      467.107  1.  In addition to the payment of any other fees and money due under this chapter, every promoter, except as provided in subsection 2, shall pay a license fee of:

      (a) [Four] Six percent of the total gross receipts from admission fees to the live contest or exhibition of unarmed combat, exclusive of any federal tax or tax imposed by any political subdivision of this state; and

      (b) Three percent of the first $1,000,000, and 1 percent of the next $2,000,000, of the total gross receipts from the sale, lease or other exploitation of broadcasting, television and motion picture rights for that contest or exhibition,

Ê without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants’ purses or any other expenses or charges.

      2.  A corporation organized pursuant to NRS 81.550 to 81.660, inclusive, which promotes an amateur contest or exhibition of unarmed combat whose net proceeds are to be spent entirely in this state, for the purposes for which the corporation is organized, is exempt from the fees payable under this section. The corporation must retain the services of a promoter licensed pursuant to this chapter.

      3.  The Commission shall adopt regulations:

      (a) Requiring that the number and face value of all complimentary tickets be reported.

      (b) Governing the treatment of complimentary tickets for the purposes of computing gross receipts from admission fees under paragraph (a) of subsection 1.

      Sec. 46.  NRS 502.255 is hereby amended to read as follows:

      502.255  The Department shall account separately for the money received from fees for processing applications for tags and, except as otherwise provided in NRS 502.253, use that money only for [all of] the Department’s direct and indirect costs associated with [the] :

      1.  The system of applications and drawings for [,] tags;

      2.  The Department’s automated program for licensing and registration and titling of vessels; and [the]

      3.  The issuance of [,] licenses, permits and tags.

      Sec. 47.  Chapter 517 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An additional fee is hereby imposed upon each filing made pursuant to NRS 517.230 regarding a mining claim held by a person who holds 11 or more mining claims in this State on the date of that filing, in the amount determined in accordance with subsection 2. The person making that filing shall remit the fee to the county recorder in such a manner that, at the option of that person:

      (a) The fee is paid in full at the time of the filing;

      (b) One-half of the fee is paid at the time of the filing and the remainder of the fee is paid not later than June 1 of the calendar year immediately following the filing date; or

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 92 (Chapter 10, AB 6)ê

 

      (c) The fee is paid in full not later than June 1 of the calendar year immediately following the filing date.

      2.  If the greatest number of mining claims held in this State by any of the persons who hold any of the mining claims to which a filing made pursuant to NRS 517.230 pertains is:

      (a) Not less than 11 and not more than 199 on the date of that filing, the fee imposed by this section is $70 for each mining claim to which the filing pertains.

      (b) Not less than 200 and not more than 1,299 on the date of that filing, the fee imposed by this section is $85 for each mining claim to which the filing pertains.

      (c) Not less than 1,300 on the date of that filing, the fee imposed by this section is $195 for each mining claim to which the filing pertains.

      3.  The county recorder shall:

      (a) Obtain from each person who makes a filing pursuant to NRS 517.230 an affidavit declaring that the greatest number of mining claims held in this State on the date of that filing by any of the persons who hold any of the mining claims to which the filing pertains is:

             (1) Less than 11;

             (2) Not less than 11 and not more than 199;

             (3) Not less than 200 and not more than 1,299; or

             (4) Not less than 1,300; and

      (b) Based upon the information set forth in that affidavit, collect any fee imposed on that filing pursuant to this section.

      4.  Any person who:

      (a) Fails to pay the fee imposed pursuant to this section within the time required shall pay a penalty in the amount of 10 percent of the amount of the fee that is owed, in addition to the fee, plus interest at the rate of 1 percent per month, or fraction of a month, from the date on which the fee is due until the date of payment.

      (b) Knowingly makes a false declaration in an affidavit provided to a county recorder pursuant to subsection 3 is guilty of a misdemeanor and shall pay the amount of any additional fee, penalty and interest required pursuant to this section on account of the falsification.

      5.  The county recorder shall, on or before the fifth working day of each month, deposit with the county treasurer all the fees, penalties and interest imposed pursuant to this section which are collected during the preceding month. The county treasurer shall quarterly remit all money so collected to the State Controller, who shall place the money in the State General Fund.

      6.  The State Controller shall take such action as may be necessary to ensure that the fees, penalties and interest imposed pursuant to this section are paid in full.

      Secs. 48-52.  [These sections were deleted.]

      Sec. 53.  Section 1 of chapter 389, Statutes of Nevada 2009, at page 2126, is hereby amended to read as follows:

                   Section 1.  The basic support guarantee for school districts for operating purposes for the 2009-2010 Fiscal Year is an estimated weighted average of [$5,251] $5,186 per pupil. For each respective school district, the basic support guarantee per pupil for the 2009-2010 Fiscal Year is:

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 93 (Chapter 10, AB 6)ê

 

Carson City                                                         [$6,228] $6,155

Churchill                                                              [$6,201] $6,122

Clark                                                                    [$5,025] $4,962

Douglas                                                                [$5,333] $5,268

Elko                                                                      [$6,815] $6,730

Esmeralda                                                      [$17,039] $16,835

Eureka                                                                                     $100

Humboldt                                                            [$6,402] $6,322

Lander                                                                 [$6,261] $6,184

Lincoln                                                                 [$9,866] $9,743

Lyon                                                                     [$6,673] $6,594

Mineral                                                                [$8,656] $8,541

Nye                                                                       [$6,582] $6,504

Pershing                                                               [$8,368] $8,263

Storey                                                                   [$6,567] $6,486

Washoe                                                                [$5,350] $5,284

White Pine                                                           [$7,111] $7,025

      Sec. 54.  Section 2 of chapter 389, Statutes of Nevada 2009, at page 2126, is hereby amended to read as follows:

                   Sec. 2.  1.  The basic support guarantee for school districts for operating purposes for the 2010-2011 Fiscal Year is an estimated weighted average of [$5,395] $5,192 per pupil.

                   2.  On or before April 1, 2010, the Executive Director of the Department of Taxation shall provide to the Superintendent of Public Instruction the certified total of the amount of ad valorem taxes to be received by each school district for Fiscal Year 2010-2011 pursuant to the levy imposed under subsection 1 of NRS 387.195 and credited to the county’s school district fund pursuant to subsection 4 of NRS 387.195.

                   3.  Pursuant to NRS 362.115, on or before March 15 of each year, the Department of Taxation shall provide an estimate of the net proceeds of minerals based upon the statements required of mine operators.

                   4.  For purposes of establishing the basic support guarantee, the estimated basic support guarantees per pupil for each school district for the 2010-2011 Fiscal Year for operating purposes are:

 

                                                    Basic                                                     Estimated

                                                  Support                                                      Basic

                                                Guarantee            Estimated                   Support

                                                   Before              Ad Valorem               Guarantee

School District                     Adjustment          Adjustment              as Adjusted

Carson City                     [$5,404] $5,175            $873                [$6,277] $6,048

Churchill                           [$5,344] $5,115            $844                [$6,188] $5,959

Clark                                 [$4,091] $3,895          $1,088              [$5,179] $4,983

Douglas                            [$3,402] $3,166          $2,069              [$5,471] $5,235

Elko                                   [$6,200] $5,951            $655                [$6,855] $6,606

Esmeralda                     [$14,856] $14,217        $3,923            [$18,779] $18,140

Eureka                         [($19,513)] ($20,004)    $24,179             [$4,666] $4,175

Humboldt                        [$5,679] $5,431          $1,005              [$6,684] $6,436

Lander                              [$4,500] $4,221          $2,046              [$6,546] $6,267

Lincoln                             [$8,901] $8,553            $934                [$9,835] $9,487

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 94 (Chapter 10, AB 6)ê

 

                                                    Basic                                                     Estimated

                                                  Support                                                      Basic

                                                Guarantee            Estimated                   Support

                                                   Before              Ad Valorem               Guarantee

School District                     Adjustment          Adjustment              as Adjusted

Lyon                                 [$6,062] $5,824            $757                [$6,819] $6,581

Mineral                             [$7,721] $7,365            $855                [$8,576] $8,220

Nye                                    [$5,561] $5,311          $1,211              [$6,772] $6,522

Pershing                            [$7,236] $6,917          $1,334              [$8,570] $8,251

Storey                                 [$119] ($225)            $6,468              [$6,587] $6,243

Washoe                            [$4,464] $4,259            $998                [$5,462] $5,257

White Pine                        [$6,606] $6,337          $1,073              [$7,679] $7,410

 

                   5.  The ad valorem adjustment may be made only to take into account the difference in the ad valorem taxes to be received and the estimated enrollment of the school district between the amount estimated as of March 1, 2009, and the amount estimated as of March 1, 2010, for the 2010-2011 Fiscal Year. Estimates of net proceeds of minerals received from the Department of Taxation on or before March 15 pursuant to subsection 3 must be taken into consideration in determining the adjustment.

                   6.  Upon receipt of the certified total of ad valorem taxes to be received by each school district for Fiscal Year 2010-2011 pursuant to subsection 2, the Superintendent of Public Instruction shall recalculate the ad valorem adjustment and the tentative basic support guarantee for operating purposes for each school district for the 2010-2011 Fiscal Year based on the certified total of ad valorem taxes provided by the Executive Director of the Department of Taxation pursuant to subsection 2. The final basic support guarantee for each school district for the 2010-2011 Fiscal Year is the amount, which is recalculated for the 2010-2011 Fiscal Year pursuant to this section, taking into consideration estimates of net proceeds of minerals received from the Department of Taxation on or before March 15, 2010. The basic support guarantee recalculated pursuant to this section must be calculated on or before May 31, 2010.

      Sec. 55.  Section 4 of chapter 389, Statutes of Nevada 2009, at page 2129, is hereby amended to read as follows:

                   Sec. 4.  1.  There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030:

For the 2009-2010 Fiscal Year [$1,201,169,591] $1,173,542,690

For the 2010-2011 Fiscal Year [$1,267,051,744] $1,154,625,174

                   2.  The money appropriated by subsection 1 must be:

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

                   (b) Work-programmed for the 2 separate Fiscal Years 2009-2010 and 2010-2011, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 95 (Chapter 10, AB 6)ê

 

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

                   4.  The sums appropriated by subsection 1 are available for either fiscal year or may be transferred to Fiscal Year 2008-2009. Money may be transferred from one fiscal year to another with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration. If funds appropriated by subsection 1 are transferred to Fiscal Year 2008-2009, any remaining funds in the State Distributive School Account after all obligations have been met that are not subject to reversion to the State General Fund must be transferred back to Fiscal Year 2009-2010. Any amount transferred back to Fiscal Year 2009-2010 must not exceed the amount originally transferred to Fiscal Year 2008-2009.

                   5.  Any remaining balance of the appropriation made by subsection 1 for the 2009-2010 Fiscal Year must be transferred and added to the money appropriated for the 2010-2011 Fiscal Year and may be expended as that money is expended.

                   6.  Any remaining balance of the appropriation made by subsection 1 for the 2010-2011 Fiscal Year, including any money added thereto pursuant to the provisions of subsections 3 and 5, must not be committed for expenditure after June 30, 2011, and must be reverted to the State General Fund on or before September 16, 2011.

      Sec. 56.  Section 25 of chapter 389, Statutes of Nevada 2009, at page 2138, is hereby amended to read as follows:

                   Sec. 25.  1.  Notwithstanding the provisions of subsection 6 of section 4 of chapter 343, Statutes of Nevada 2007, at page 1555, any money remaining in the Grant Fund for Incentives for Licensed Educational Personnel at the end of Fiscal Year 2009 must be carried forward to Fiscal Year 2010 and must be used for the purchase of one-fifth of a year of retirement service credit and other financial incentives for licensed educational personnel for the 2008-2009 School Year in accordance with NRS 391.166.

      2.  Any money carried forward pursuant to subsection 1 that remains unexpended in the Grant Fund for Incentives for Licensed Educational Personnel must not be committed for expenditure after June 30, [2010,] 2011, and must be reverted to the State General Fund on or before September [17, 2010.] 16, 2011.

      Sec. 57.  Section 26 of chapter 389, Statutes of Nevada 2009, at page 2138, is hereby amended to read as follows:

                   Sec. 26.  1.  There is hereby appropriated from the State General Fund to the Grant Fund for Incentives for Licensed Educational Personnel created by NRS 391.166 the sum of [$24,777,056] $16,277,056 to purchase one-fifth of a year of retirement service credit and other financial incentives for School Year 2009-2010 for certain licensed educational personnel in accordance with NRS 391.166.

                   2.  Any remaining balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 2011, and must be reverted to the State General Fund on or before September 16, 2011.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 96 (Chapter 10, AB 6)ê

 

      Sec. 58.  1.  Notwithstanding the provisions of NRS 387.1235 and 387.328, for the purposes of the apportionments made pursuant to NRS 387.124, local funds available for public schools include $25,000,000 of the money in the county school district’s fund for capital projects that was deposited in that fund pursuant to paragraph (b) of subsection 1 of NRS 244.3354 and paragraph (b) of subsection 1 of NRS 375.070.

      2.  The money available as local funds for public schools pursuant to subsection 1 may be used for purposes other than capital projects for schools districts for only the 2009-2011 biennium.

      Sec. 59.  1.  There are hereby appropriated from the State General Fund to the Division of Mental Health and Developmental Services of the Department of Health and Human Services to replace federal Temporary Assistance to Needy Families block grant funds that are no longer available to fund the monthly support rates provided for autistic children the following sums:

      (a) For the support of the Desert Regional Center:

             (1) For the Fiscal Year 2009-2010............................................... $215,867

             (2) For the Fiscal Year 2010-2011............................................... $823,478

      (b) For the support of the Sierra Regional Center:

             (1) For the Fiscal Year 2009-2010................................................. $52,857

             (2) For the Fiscal Year 2010-2011............................................... $211,428

      (c) For the support of the Rural Regional Center:

             (1) For the Fiscal Year 2009-2010................................................. $36,531

             (2) For the Fiscal Year 2010-2011............................................... $146,124

      2.  These appropriations are supplemental to those made by section 20 of chapter 388, Statutes of Nevada 2009, at page 2108.

      Sec. 60.  1.  There are hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the purpose of adding 10 new positions at each of the following centers to accommodate additional youth placement resulting from the closure of the Summit View Youth Correctional Center the following sums:

      (a) For the support of the Nevada Youth Training Center:

             (1) For the Fiscal Year 2009-2010............................................... $287,711

             (2) For the Fiscal Year 2010-2011............................................... $754,632

      (b) For the support of the Caliente Youth Center:

             (1) For the Fiscal Year 2009-2010............................................... $275,645

             (2) For the Fiscal Year 2010-2011............................................... $532,941

      2.  These appropriations are supplemental to those made by section 20 of chapter 388, Statutes of Nevada 2009, at page 2108.

      Sec. 61.  1.  There is hereby appropriated from the State General Fund to the Office of the Secretary of State for six new administrative assistant positions to support case processing and customer service activities the following sums:

      (a) For the Fiscal Year 2009-2010....................................................... $75,000

      (b) For the Fiscal Year 2010-2011..................................................... $300,000

      2.  These appropriations are supplemental to those made by section 5 of chapter 388, Statutes of Nevada 2009, at page 2106.

      Sec. 62.  There is hereby appropriated from the State General Fund to the State Gaming Control Board the sum of $87,404 for Fiscal Year 2010-2011 to fund costs of a new agent position for the Tax and License Division to perform audits of Nevada’s smaller casinos. This appropriation is supplemental to that made by subsection 2 of section 3 of chapter 392, Statutes of Nevada 2009, at page 2177.

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 97 (Chapter 10, AB 6)ê

 

supplemental to that made by subsection 2 of section 3 of chapter 392, Statutes of Nevada 2009, at page 2177.

      Sec. 63.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $100,000 for the costs of the 26th Special Session.

      Sec. 64.  1.  Except as otherwise provided in subsection 2 and notwithstanding any other provision of law to the contrary, the Department of Taxation shall relieve a person who has not paid a tax, fee or assessment required to be paid to the Department of all the monetary penalties and interest imposed with regard to the unpaid tax, fee or assessment if, on or after July 1, 2010, and before October 1, 2010, the person:

      (a) Files with the Department a request for relief pursuant to this section; and

      (b) Pays the unpaid tax, fee or assessment in full to the Department.

      2.  The provisions of subsection 1:

      (a) Apply only to taxes, fees and assessments that are due and payable before July 1, 2010; and

      (b) Do not apply to any person who has entered into:

             (1) A compromise or settlement agreement with the Department of Taxation regarding the unpaid tax, fee or assessment; or

             (2) A compromise with the Nevada Tax Commission regarding the unpaid tax, fee or assessment pursuant to NRS 360.263.

      3.  A person who requests or receives relief pursuant to this section may be selected for an audit and audited by the Department of Taxation in the same manner as a person who does not request or receive relief pursuant to this section.

      Sec. 65.  1.  The Division of Insurance of the Department of Business and Industry shall, not later than July 1, 2010, implement a desk audit program to audit insurance premium tax returns to ensure that insurers are complying with the provisions of NRS 680B.027.

      2.  The Commissioner of Insurance shall submit to the Fiscal Analysis Division of the Legislative Counsel Bureau, not later than June 1, 2010, a report detailing the implementation plan for the desk audit program required pursuant to subsection 1. The plan must include information regarding the staff needed to implement the program, the insurers to be audited, and the manner in which the amount of unpaid taxes due to the state and the results of efforts to recover unpaid taxes and penalties will be reported to the Legislature. The Commissioner must submit with the plan any requests for work program revisions or allocations from the Interim Finance Committee’s Contingency Fund that are required to implement the plan.

      Sec. 66.  1.  If the Department of Health and Human Services receives on or before June 30, 2011, an award of TANF Emergency Contingency funds from the Administration for Children and Families of the United States Department of Health and Human Services, the Department shall, after funding the caseload and operating costs of the Temporary Assistance to Needy Family program:

      (a) Transfer $3 million from TANF funds to federal Title XX funds and use money from federal Title XX funds to enable the reversion of money appropriated from the State General Fund for family resource centers and the Family to Family program........................................................................................ $3,000,000

 


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ê2010 Statutes of Nevada, 26th Special Session, Page 98 (Chapter 10, AB 6)ê

 

      (b) Use TANF funds to enable the reversion of money appropriated from the State General Fund for the support of autistic children and self-directed support clients receiving services at the Desert Regional Center, Sierra Regional Center and Rural Regional Center..................................................................... $1,486,285

      (c) Transfer to the Washoe County Department of Social Services the maximum amount of TANF Emergency Assistance payments allowed by the TANF State Plan to enable the reversion of money appropriated from the State General Fund for the Washoe County Department of Social Services for child welfare integration services   $1,756,344

      (d) Transfer to the Clark County Department of Family Services the maximum amount of TANF Emergency Assistance payments allowed by the TANF State Plan to enable the reversion of money appropriated from the State General Fund for the Clark County Department of Family Services for child welfare integration services      $3,027,300

      2.  If the award of TANF Emergency Contingency funds received on or before June 30, 2011, is insufficient to fund the caseload and operating costs and the transfers and uses described in subsection 1, the Department of Health and Human Services shall:

      (a) Pay for the caseload and operating costs of the Temporary Assistance to Needy Family program; and

      (b) From the remaining funds after paying for the caseload and operating costs, proportionally reduce the amount of money otherwise required to be transferred and reverted pursuant to subsection 1.

      Sec. 67.  Notwithstanding the amendatory provisions of sections 43 and 44 of this act, the fees set forth in NRS 440.175 and 440.700 remain in effect until the regulations establishing fees pursuant to those sections are adopted and filed with the Secretary of State.

      Sec. 68.  If any provision of this act, or the application thereof to any person, thing or circumstance, is held invalid, such invalidity shall not affect any provision or application of this act which can be given effect without the invalid provision or application, and to this end the Legislature declares that:

      1.  Each provision of this act is severable and independent;

      2.  The Legislature would have passed this act and each valid provision thereof, irrespective of the invalid provision or application; and

      3.  Each valid provision or application must be given effect to the fullest extent possible, irrespective of the invalid provision or application.

      Sec. 69.  1.  This section and sections 1 to 18, inclusive, 20 to 30, inclusive, 32, 34 to 37, inclusive, 39, 43, 44, 46 to 63, inclusive, and 65 to 68, inclusive, of this act become effective upon passage and approval.

      2.  Sections 19 and 31 of this act become effective on April 1, 2010.

      3.  Section 64 of this act becomes effective on May 1, 2010.

      4.  Sections 33, 38, 40, 41, 42 and 45 of this act become effective on July 1, 2010.

      5.  Sections 36 and 47 of this act expire by limitation on June 30, 2011.

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