Link to Page 2146

 

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ê2009 Statutes of Nevada, Page 2147ê

 

CHAPTER 391, SB 433

Senate Bill No. 433–Committee on Finance

 

CHAPTER 391

 

AN ACT relating to public employees; establishing the maximum allowed salaries for certain employees in the classified and unclassified service of the State; requiring employees of the State to take a certain number of days of unpaid furlough leave during the 2009-2011 biennium; providing exceptions to the furlough requirement; making appropriations from the State General Fund and State Highway Fund for the salaries of certain employees of the State; making certain appropriations contingent on specified projections of unappropriated balances in the State General Fund; and providing other matters properly relating thereto.

 

[Veto Overridden. Date Filed: June 1, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The following state officers, employees, and medical and related positions in the unclassified service of the State of Nevada are entitled to receive approximate annual salaries of not more than the maximum amounts set forth following their specified titles or positions:

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

      1.  Governor’s Office for Consumer Health Assistance:

            Chief Ombudsman for Consumer Health Assistance........... $97,901

            Ombudsman for Consumer Health Assistance (each)........... 78,070

      2.  Governor’s Office of Homeland Security:

            Division Administrator, Homeland Security...................... $117,030

            Analyst Supervisor / NAIC Manager........................................ 74,093

      3.  State Office of Energy:

            Director, Office of Energy....................................................... $99,397

            Deputy Director, Office of Energy............................................ 67,518

      4.  High Level Nuclear Waste:

            Executive Director, Nuclear Projects Office...................... $115,285

            Executive Assistant..................................................................... 56,265

            Planning Division Administrator............................................ 104,946

            Technical Division Administrator.......................................... 104,946

            Planner/Researcher..................................................................... 83,197

      5.  Office of the Lieutenant Governor:

            Chief of Staff.............................................................................. $74,367

            Assistant to the Lieutenant Governor (each).......................... 70,826

            Executive Assistant..................................................................... 59,022

            Administrative Secretary............................................................ 47,807

      6.  Office of the Secretary of State:

            Chief Deputy............................................................................ $117,030

            Deputy Secretary of State, Commercial Recordings.............. 97,901

            Deputy Secretary of State, Southern Nevada.......................... 97,901

 


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ê2009 Statutes of Nevada, Page 2148 (Chapter 391, SB 433)ê

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

            Deputy Secretary of State, Elections.................................... $107,465

            Deputy Secretary of State, Operations..................................... 97,901

            Securities Administrator…...................................................... 102,242

            Chief, Enforcement..................................................................... 97,590

            Executive Assistant..................................................................... 56,265

      7.  Office of the State Treasurer:

            Chief Deputy State Treasurer................................................ $117,030

            Senior Deputy State Treasurer (each).................................... 107,465

            Chief of Staff.............................................................................. 117,030

            Deputy State Treasurer, Debt Service...................................... 97,901

            Deputy State Treasurer, Investments...................................... 117,030

            Deputy State Treasurer, Cash Management............................. 97,901

            Executive Director, Millennium Scholarship.......................... 97,901

            Executive Assistant..................................................................... 56,265

            Deputy State Treasurer, Unclaimed Property.......................... 97,901

      8.  Office of Controller:

            Chief Deputy Controller........................................................ $107,465

            Assistant Controller.................................................................... 87,773

            Executive Assistant..................................................................... 56,265

      9.  Office of the Attorney General:

      (a) Attorney General’s Office:

                  Assistant Attorney General............................................. $140,662

                  Attorney General Counsel for Prosecuting Attorneys, Executive Director......................... 102,260

                  Ombudsman for Victims of Domestic Violence............... 59,634

                  Chief Deputy Attorney General (each)............................ 118,156

                  Chief of Staff........................................................................ 140,662

                  Solicitor General................................................................. 132,600

                  Senior Deputy Attorney General (each).......................... 106,904

                  Deputy Attorney General (each)......................................... 95,650

                  Public Information Officer................................................... 70,894

                  Chief Investigator.................................................................. 81,584

                  Deputy Chief Investigator.................................................... 70,894

                  Senior Investigator (each).................................................... 69,529

                  Investigator (each)................................................................. 65,951

                  Division Administrator, Personnel Services..................... 81,584

                  Executive Assistant............................................................... 56,265

                  Chief Financial Officer....................................................... 102,242

                  Legal Researcher (each)....................................................... 46,102

                  Supervising Legal Researcher (each)................................. 56,265

                  Construction Law Counsel................................................. 132,600

                  Executive Director, Technological Crimes........................ 70,894

                  Administrative Assistant, Technological Crimes............. 47,245

                  Program Specialist, Technological Crimes........................ 56,265

                  Investigator, Technological Crimes.................................... 65,951

                  Computer Forensic Examiner, Technological Crimes (each) 81,584

                  Supervising Insurance Fraud Investigator......................... 69,529

 


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ê2009 Statutes of Nevada, Page 2149 (Chapter 391, SB 433)ê

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

                  Insurance Investigator (each)............................................ $65,951

                  Deputy Chief Workers’ Compensation Fraud Investigator 72,892

                  Senior Workers’ Compensation Fraud Investigator (each) 69,529

      (b) Bureau of Consumer Protection:

                  Senior Economist.............................................................. $102,260

                  Senior Investigator................................................................ 69,529

                  Senior Engineer...................................................................... 91,320

                  Senior Legal Researcher....................................................... 54,332

                  Legal Researcher................................................................... 46,102

                  Senior Regulatory Analyst................................................... 85,337

                  Investigator (each)................................................................. 65,951

                  Chief Deputy Attorney General (each)............................ 118,156

                  Regulatory Manager.............................................................. 91,399

                  Technical Staff Manager...................................................... 91,399

                  Deputy Attorney General (each)......................................... 95,650

                  Engineer.................................................................................. 82,339

                  Administrative Services Officer.......................................... 74,091

                  Senior Deputy Attorney General (each).......................... 106,904

      10.  Commission on Ethics:

            Executive Director.................................................................... $97,901

            Counsel, Ethics Commission..................................................... 95,650

            Executive Assistant..................................................................... 56,265

            Investigator................................................................................... 65,951

      11.  Supreme Court:

            Supervisory Staff Attorney (each)....................................... $106,904

            Supervisory Staff Attorney, Settlement................................. 106,904

            Reporter of Judicial Decisions................................................ 118,156

            Legal Counsel, Criminal........................................................... 129,409

            Legal Counsel, Civil.................................................................. 129,409

            Chief Assistant Clerk................................................................ 118,156

            Chief Clerk................................................................................. 140,662

            Chief Deputy Clerk..................................................................... 72,581

            Court Administrator.................................................................. 123,783

            Deputy Court Administrator (each)........................................ 106,904

            Staff Attorney (each).................................................................. 95,650

            Law Librarian............................................................................. 101,276

            Senior Law Clerk (each)............................................................. 62,186

      12.  Commission on Judicial Discipline:

            General Counsel...................................................................... $140,662

      13.  Department of Administration:

            Director..................................................................................... $127,721

            Deputy Director......................................................................... 117,030

            Information Systems Specialist................................................. 59,221

            Division Administrator, Internal Audits................................ 107,465

            Manager, Internal Controls........................................................ 91,399

            Chief Assistant Budget Administrator...................................... 88,952

            Senior Appeals Officer............................................................. 118,156

 


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ê2009 Statutes of Nevada, Page 2150 (Chapter 391, SB 433)ê

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

            Appeals Officer, Hearings (each)......................................... $106,904

            Hearing Officer (each)................................................................ 70,894

            Deferred Compensation Executive Officer…......................... 97,901

            Chief Assistant, Planning........................................................... 81,567

            Division Administrator, State Motor Pool............................... 81,584

            Division Administrator, Administrative Services.................. 97,901

            Division Administrator, Risk Management............................. 87,773

            Division Administrator, Purchasing......................................... 97,901

            Division Administrator, Information Technology.................. 97,901

            Division Administrator, Buildings and Grounds.................... 87,773

            Manager, State Public Works Board....................................... 123,783

            Deputy Manager, Professional Services, State Public Works Board.......................................... 117,030

            Deputy Manager, Code Compliance and Enforcement, State Public Works Board.................. 117,030

            Deputy Manager, Administrative and Fiscal Services, State Public Works Board..................... 97,901

            Public Works Board, Project Manager III (each).................. 106,904

            Public Works Board, Project Manager II (each)..................... 97,901

      14.  Department of Information Technology:

            Director..................................................................................... $123,783

            Deputy Director......................................................................... 107,465

            Chief of Administration........................................................... 107,465

      15.  Department of Personnel:

            Director..................................................................................... $107,465

            Executive Assistant..................................................................... 56,265

            Director, Equal Employment Opportunity............................... 81,584

            Division Administrator, Personnel (each)............................... 87,773

      16.  Department of Taxation:

            Director..................................................................................... $127,721

            Deputy Director (each)............................................................. 107,465

            Executive Assistant..................................................................... 56,265

            Administrative Law Judge (licensed attorney)..................... 106,904

            Administrative Law Judge (other than licensed attorney).... 95,650

            Chief Administrative Law Judge (licensed attorney).......... 118,156

            Chief Administrative Law Judge (other than licensed attorney) 106,904

      17.  Department of Education:

            Superintendent of Public Instruction................................... $124,908

            Deputy Superintendent of Instruction, Research and Evaluative Services................................ 107,465

            Deputy Superintendent for Administrative and Fiscal Services 106,904

            Executive Assistant..................................................................... 56,265

      18.  Department of Cultural Affairs:

            Director..................................................................................... $117,030

            Executive Assistant..................................................................... 56,265

            Division Administrator, Museums and History...................... 97,901

 


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ê2009 Statutes of Nevada, Page 2151 (Chapter 391, SB 433)ê

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

            Division Administrator, Historic Preservation..................... $97,901

            Division Administrator, State Library and Archives............. 97,901

      19.  Department of Employment, Training and Rehabilitation:

            Director, Employment, Training and Rehabilitation......... $127,721

            Chief, Disability Employment Policy....................................... 70,894

            Division Administrator, Rehabilitation................................. 107,465

            Chief Auditor............................................................................... 90,023

            Deputy Director......................................................................... 117,030

            Executive Assistant..................................................................... 56,265

            Division Administrator, Employment Security.................... 117,030

            Division Administrator, Equal Rights Commission............... 87,773

            Division Administrator, Information Development and Processing 107,465

            Hearing Officer (each)................................................................ 70,894

            Senior Attorney......................................................................... 106,904

      20.  Department of Health and Human Services:

            Director..................................................................................... $127,721

            Deputy Director, Programs...................................................... 107,465

            Deputy Director, Fiscal Services............................................ 107,465

            Deputy Director, Administrative Services............................... 97,901

            Executive Assistant (each)......................................................... 56,265

            Division Administrator, Health Care Financing and Policy 117,030

            Deputy Division Administrator, Health Care Financing and Policy 107,465

            Division Administrator, Health............................................... 117,030

            State Health Officer.................................................................. 161,470

            Chief Biostatistician.................................................................... 97,901

            State Epidemiologist................................................................... 97,901

            Medical Program Coordinator, Mental Health Program (each) 189,601

            Medical Program Coordinator, Statewide Mental Health Services 203,681

            Division Administrator, Mental Health and Developmental Services........................................ 123,783

            Deputy Division Administrator, Mental Health and Developmental Services.......................... 107,465

            Division Administrator, Welfare and Supportive Services 117,030

            Division Administrator, Child and Family Services............ 117,030

            Deputy Division Administrator, Child and Family Services (each) 107,465

            Deputy Division Administrator, Administrative Services, Child and Family Services........... 106,904

            Division Administrator, Aging Services................................ 107,465

            Deputy Division Administrator, Aging Services (each)........ 97,901

            Statewide Suicide Prevention Coordinator.............................. 70,894

            Statewide Suicide Prevention Trainer/Networking Facilitator 67,518

            Chief, Elder Rights...................................................................... 87,773

            Superintendent, Nevada Youth Training Center..................... 97,901

 


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ê2009 Statutes of Nevada, Page 2152 (Chapter 391, SB 433)ê

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

            Superintendent, Caliente Youth Center................................. $97,901

            Superintendent, Summit View Youth Correctional Center... 97,901

            Bureau Chief, Youth Parole Bureau…..................................... 97,901

            Executive Director, Nevada Indian Commission.................... 70,894

      21.  Office of the State Public Defender:

            State Public Defender............................................................. $118,156

            Supervising Public Defender (office).................................... 106,904

            Supervising Public Defender (trial)........................................ 106,904

            Supervising Public Defender (appeals)................................. 106,904

            Deputy Public Defender (each)................................................. 95,650

            Deputy Public Defender, Appellate (each).............................. 95,650

            Investigator (each)....................................................................... 65,951

      22.  Department of Business and Industry:

            Director..................................................................................... $127,721

            Deputy Director, Administration.............................................. 81,584

            Deputy Director, Programs...................................................... 107,465

            Executive Assistant..................................................................... 56,265

            Division Administrator, Financial Institutions....................... 97,901

            Deputy Division Administrator, Financial Institutions......... 81,584

            Ombudsman, Real Estate............................................................ 70,894

            Certified Public Accountant, Financial Institutions............... 67,704

            Certified Public Accountant, Mortgage Lending.................... 67,704

            Division Administrator, Manufactured Housing.................... 87,773

            Division Administrator, Real Estate......................................... 97,901

            Deputy Division Administrator, Real Estate........................... 81,584

            Division Administrator, Housing.............................................. 97,901

            Deputy Division Administrator, Housing................................ 81,584

            Chief Assistant, Housing............................................................ 67,518

            Chief Financial Officer, Housing.............................................. 95,650

            Division Administrator, Insurance......................................... 117,030

            Deputy Division Administrator, Insurance (each)................. 97,901

            Deputy Division Administrator, Insurance, Captive Insurers 95,650

            Lead Actuary, Insurance (each).............................................. 126,081

            Insurance Counsel/Hearing Officer (each).............................. 97,901

            Division Administrator, Taxicab Authority............................ 97,901

            Division Administrator, Transportation Authority.............. 114,249

            Chief Transportation Inspector................................................. 77,417

            Commissioner, Transportation Authority (each)................. 107,127

            Financial Analyst (each)............................................................ 81,680

            Manager, Transportation............................................................ 95,650

            Deputy Division Administrator, Transportation Authority.. 88,498

            Attorney, Transportation Authority.......................................... 95,650

            Division Administrator, Mortgage Lending............................. 97,901

            Deputy Division Administrator, Mortgage Lending............... 81,584

            Division Administrator, Industrial Relations........................ 107,465

            Deputy Division Administrator, Industrial Relations (each) 87,773

            Attorney, Industrial Relations (each)....................................... 95,650

            Senior Attorney, Industrial Relations..................................... 106,904

 


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ê2009 Statutes of Nevada, Page 2153 (Chapter 391, SB 433)ê

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

            Deputy Division Administrator, Safety Consultation.......... $81,584

            Deputy Division Administrator, Mine Safety......................... 81,584

            Division Administrator, Attorney for Injured Workers....... 118,156

            Deputy Attorney for Injured Workers (each).......................... 95,650

            Senior Deputy Attorney for Injured Workers (each)........... 106,904

            Division Administrator, Employee-Management Relations Board 87,773

            Executive Assistant, Employee-Management Relations Board 56,265

            Division Administrator, Dairy Commission............................ 87,773

            Division Administrator, Office of Labor Commissioner....... 97,901

            Deputy Division Administrator, Office of Labor Commissioner 81,584

            Chief Assistant, Office of Labor Commissioner..................... 52,504

            Division Administrator, Athletic Commission........................ 97,901

            Ombudsman of Consumer Affairs for Minorities................... 74,367

      23.  State Department of Agriculture:

            Director, Agriculture.............................................................. $107,465

            Division Administrator, Livestock Inspection........................ 81,584

            Division Administrator, Veterinary Medical Services........ 109,680

            Senior Veterinary Diagnostician (each)................................... 93,356

            Supervisor, Animal Disease Laboratory.................................. 97,013

            Division Administrator, Measurement Standards.................. 81,584

            Division Administrator, Plant Industry.................................... 81,584

      24.  Commission on Mineral Resources:

            Administrator, Minerals......................................................... $104,957

            Deputy Administrator, Minerals............................................... 83,964

            Chief for Dangerous Mines........................................................ 68,112

            Chief for Mine Regulation......................................................... 75,518

            Field Specialist, Minerals (each)............................................... 58,221

            Program Manager, Oil, Gas and Geothermal........................... 96,642

      25.  Commission on Economic Development:

            Executive Director.................................................................. $117,030

            Deputy Director........................................................................... 97,901

            Senior Associate, Industrial Development (each).................. 81,584

            Associate, Industrial Development (each)............................... 64,377

            Grants Project Analyst................................................................ 55,894

            Director, Film............................................................................... 87,773

            Associate, Film (each)................................................................ 64,377

            Program Specialist....................................................................... 56,674

      26.  Commission on Tourism:

            Director, Tourism.................................................................... $117,030

            Chief Deputy, Administration................................................... 97,901

            Executive Assistant..................................................................... 56,265

            Public Information Officer......................................................... 79,975

            Deputy Director, Sales and Industry Partners......................... 77,600

            Deputy Director, Marketing and Advertising.......................... 77,600

            Development Specialist II, Tourism (each)............................. 77,600

            Development Specialist, Tourism (each)................................. 72,860

 


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ê2009 Statutes of Nevada, Page 2154 (Chapter 391, SB 433)ê

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

            Project Analyst II (each)........................................................... $65,172

            Project Analyst (each)................................................................ 55,894

            Development Specialist, Nevada Magazine (each)................ 64,543

            Editor Publisher, Nevada Magazine......................................... 88,165

            Managing Editor, Publications.................................................. 67,772

            Production Manager.................................................................... 54,630

            Art Director (each)...................................................................... 57,723

            Advertising Sales Representative …........................................ 59,212

            Operations and Finance Manager............................................. 77,561

      27.  State Gaming Control Board:

            Chairman, Gaming Control Board........................................ $149,729

            Member, Gaming Control Board (each)................................. 139,222

            Executive Assistant..................................................................... 59,022

            Chief, Investigation................................................................... 106,875

            Chief, Enforcement................................................................... 106,875

            Chief, Audit................................................................................ 106,875

            Chief, Corporate Securities...................................................... 106,875

            Chief, Tax and License............................................................. 106,875

            Chief, Administration............................................................... 106,875

            Chief Deputy, Administration................................................... 97,159

            Executive Secretary, Gaming Control Board.......................... 97,159

            Manager, Electronics Lab........................................................ 104,371

            Chief, Technology..................................................................... 114,161

            Senior Lab Engineer (each)........................................................ 99,400

            Electronic Lab Engineer (each)................................................. 94,667

            Coordinator, Applicant Services............................................... 94,511

            Chief Deputy, Enforcement (each)........................................... 97,159

            Information Service Manager.................................................... 99,400

            Senior Network Specialist.......................................................... 85,269

            Network Specialist II................................................................... 78,576

            Network Specialist I (each)........................................................ 71,163

            Data Management Analyst......................................................... 84,089

            System Manager........................................................................... 93,558

            Programming Manager................................................................ 93,558

            Programming Supervisor............................................................ 88,126

            Chief Deputy, Audit (each)........................................................ 97,159

            Chief Deputy, Investigations (each)......................................... 97,159

            Chief Deputy, Corporate Securities.......................................... 97,159

            Chief Deputy, Tax and License................................................. 97,159

            Hearings Officer (each).............................................................. 93,592

            Administrative Coordinator....................................................... 84,089

            Financial Officer.......................................................................... 84,089

            Supervisor, Investigations (each).............................................. 88,326

            Supervisor, Enforcement (each)................................................ 88,326

            Supervisor, Corporate Securities (each).................................. 88,326

            Supervisor, Audit (each)............................................................ 88,326

            Supervisor, Tax and License (each)......................................... 88,326

            Supervisor (each)........................................................................ 88,326

            District Office Manager.............................................................. 94,511

 


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ê2009 Statutes of Nevada, Page 2155 (Chapter 391, SB 433)ê

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

            Senior Agent, Corporate Securities (each)............................ $76,474

            Senior Agent, Investigations (each).......................................... 76,474

            Training Officer........................................................................... 84,089

            Senior Agent, Audit (each)......................................................... 76,474

            Senior Agent, Tax and License.................................................. 76,474

            Senior Research Specialist (each)............................................. 93,558

            Senior Agent, Enforcement (each)............................................ 76,474

            Senior Agent, Technology (each).............................................. 76,474

            Agent, Corporate Securities (each)........................................... 69,523

            Agent, Audit (each)..................................................................... 69,523

            Agent, Investigations (each)...................................................... 69,523

            Agent, Enforcement (each)........................................................ 69,523

            Agent, Tax and License (each).................................................. 69,523

            Agent, Technology (each).......................................................... 69,523

            Electronics Technician (each)................................................... 61,953

            Senior Program Analyst (each).................................................. 79,220

            Special Agent (each)................................................................... 80,297

      28.  Public Utilities Commission of Nevada:

            Executive Director.................................................................. $117,030

            Chairman.................................................................................... 123,783

            Public Utilities Commissioner (each).................................... 117,030

            Executive Assistant (each)......................................................... 56,265

            Financial Analyst (each)............................................................ 81,680

            Chief Attorney (each)............................................................... 118,156

            Senior Attorney (each)............................................................. 106,904

            Supervisor, Consumer Complaint Resolution......................... 81,584

            Manager, Safety and Quality Assurance.................................. 97,901

            Manager, Systems Operation..................................................... 87,773

            Public Education and Statistical Analysis Officer (each)..... 67,518

            Administrative Attorney (each)................................................ 70,894

            Manager, Resource and Market Analysis................................ 97,901

            Engineer, Water........................................................................... 81,680

            Engineer, Electric (each)............................................................ 85,836

            Senior Gas Pipeline Engineer.................................................... 86,170

            Engineer, Gas Pipeline (each).................................................... 81,680

            Senior Engineering Analyst....................................................... 73,194

            Manager, Policy Analysis........................................................... 97,901

            Director, Regulatory Operations............................................. 117,030

            Manager, Consumer Complaint Resolution............................. 97,901

            Senior Analyst.............................................................................. 73,194

            Rural Consumer Representative................................................ 66,039

            Manager, Tariffs and Compliance............................................. 97,901

            Commission Secretary................................................................ 97,901

            Assistant Commission Secretary............................................... 87,773

            Senior Regulatory Economist.................................................... 87,667

            Regulatory Economist (each).................................................... 87,667

            Commission Policy Advisory (each)........................................ 90,127

            Senior Utility Analyst (each)..................................................... 73,194

 


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ê2009 Statutes of Nevada, Page 2156 (Chapter 391, SB 433)ê

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

            Resource Planning Engineer.................................................... $81,680

            Legal Case Manager.................................................................... 57,124

      29.  Department of Motor Vehicles:

            Director..................................................................................... $127,721

            Deputy Director, Motor Vehicles........................................... 123,783

            Executive Assistant..................................................................... 56,265

            Division Administrator, DMV Motor Carrier.......................... 97,901

            Division Administrator, DMV Research and Development.. 97,901

            Division Administrator, DMV Automation............................. 97,901

            Division Administrator, DMV Field Services....................... 107,465

            Division Administrator, DMV Compliance Enforcement... 107,465

            Division Administrator, DMV Central Services..................... 97,901

            Division Administrator, DMV Administrative Services........ 97,901

            Chief Administrative Law Judge, DMV (licensed attorney) 118,156

            Chief Administrative Law Judge, DMV (other than licensed attorney)..................................... 106,904

            DMV Administrative Law Judge (licensed attorney) (each) 106,904

            DMV Administrative Law Judge (other than licensed attorney) (each)....................................... 95,650

      30.  Department of Public Safety:

            Director..................................................................................... $127,721

            Deputy Director, Public Safety............................................... 123,783

            Executive Officer to the Director........................................... 106,904

            Executive Assistant..................................................................... 56,265

            Division Administrator, Parole and Probation...................... 123,783

            Chairman, State Board of Parole Commissioners................. 107,465

            Parole Board Member (each)..................................................... 87,773

            Executive Assistant, Parole Board............................................ 56,265

            Division Administrator, Emergency Management................. 95,650

            Division Administrator, Records and Technology............... 112,276

            Division Administrator, State Fire Marshal.......................... 107,465

            Division Administrator, Administrative Services.................. 97,901

            Division Administrator, Capitol Police.................................... 97,901

            Division Administrator, Investigations.................................. 117,030

            Division Administrator, Highway Safety Planning and Administration....................................... 81,584

            Division Administrator, Training............................................ 107,465

            Chief, Nevada Highway Patrol................................................ 123,783

      31.  Department of Corrections:

            Director..................................................................................... $127,721

            Executive Assistant..................................................................... 56,265

            Medical Director....................................................................... 191,379

            Deputy Director, Operations, Northern Region.................... 117,030

            Deputy Director, Industrial Programs.................................... 117,030

            Deputy Director, Operations, Southern Region.................... 117,030

            Deputy Director, Support Services......................................... 117,030

            Division Administrator, EEO and Training............................. 87,773

 


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ê2009 Statutes of Nevada, Page 2157 (Chapter 391, SB 433)ê

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

      32.  Peace Officers’ Standards and Training Commission:

            Director....................................................................................... $97,901

            Deputy Director........................................................................... 87,773

            Executive Assistant..................................................................... 56,265

      33.  State Department of Conservation and Natural Resources:

            Director..................................................................................... $127,721

            Deputy Director......................................................................... 106,904

            Division Administrator, Environmental Protection............. 123,783

            Division Administrator, Water Resources............................. 123,783

            Division Administrator, Forestry............................................ 107,465

            Division Administrator, State Parks....................................... 107,465

            Division Administrator, State Lands........................................ 97,901

            District Supervisor, Water Commissioner, Water Resources 70,894

            Division Administrator, Wild Horse Commission.................. 70,894

            Division Administrator, Natural Heritage................................ 81,584

      34.  Department of Wildlife

            Director..................................................................................... $117,030

            Deputy Director (each)............................................................. 107,465

            Executive Assistant..................................................................... 56,265

            Chief Game Warden.................................................................... 97,901

            Division Administrator, Conservation Education.................. 87,773

            Division Administrator, Fisheries............................................. 87,773

            Division Administrator, Game Management........................... 87,773

            Division Administrator, Habitat................................................ 87,773

            Division Administrator, Wildlife Administration.................. 87,773

            Division Administrator, Wildlife Diversity............................. 87,773

      35.  Department of Transportation:

            Director..................................................................................... $127,721

            Deputy Director (each)............................................................. 124,908

            Executive Assistant..................................................................... 56,265

            Division Administrator, Administrative Services................ 107,465

            Division Administrator, Planning and Program Development 107,465

            Division Administrator, Engineering..................................... 123,783

            Division Administrator, Operations....................................... 123,783

            Hearings Officer.......................................................................... 70,894

            Administrative Coordinator....................................................... 84,089

      36.  Colorado River Commission of Nevada:

            Director..................................................................................... $131,826

            Deputy Director......................................................................... 125,340

            Special Assistant.......................................................................... 88,000

            Division Head, Power............................................................... 119,445

            Division Head, Water............................................................... 119,445

            Administrative Services Officer............................................. 119,445

            Office Manager............................................................................ 65,654

            Senior Energy Accountant (each)............................................. 89,528

            Natural Resource Specialist (each)........................................ 103,853

            Environmental Program Manager........................................... 107,434

            Network Administrator (each)................................................... 77,591

 


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

ê2009 Statutes of Nevada, Page 2158 (Chapter 391, SB 433)ê

 

                                                                                                          Approximate

                                                                                                                    Annual

Title or Position                                                                                         Salary

            Power Supply Manager.......................................................... $110,188

            Assistant Director Engineering and Operations................... 119,372

            Assistant Director Energy Information Systems................... 107,434

            Power Facilities Manager......................................................... 107,434

            Power Facilities Communication Technician (each)............. 83,560

            Senior Power Facilities Electrician (each)............................... 83,560

            Senior Power Facilities Engineer............................................ 103,302

            Power Facilities Electrician....................................................... 77,591

            Hydropower Program Manager............................................... 113,404

            Assistant Hydropower Program Manager.............................. 101,466

            Natural Resource Technician.................................................... 74,608

            Manager, Power Planner........................................................... 106,904

            Power Supply Planner............................................................... 107,465

            Assistant Power Supply Planner................................................ 93,186

            Manager, Power Accounting.................................................... 106,904

            Energy Accountant (each).......................................................... 78,771

      37.  Office of the Military:

            Adjutant General..................................................................... $117,030

            Executive Assistant..................................................................... 56,265

      38.  Public Employees’ Benefits Program:

            Executive Officer.................................................................... $123,783

            Executive Assistant..................................................................... 56,265

            Quality Control Officer.............................................................. 95,650

            Operations Officer.................................................................... 105,216

            Chief Financial Officer............................................................... 95,650

            Chief Information Officer.......................................................... 95,650

            Financial Analyst......................................................................... 80,459

      39.  Veterans’ Services:

            Executive Director, Veterans’ Services................................. $95,650

            Deputy Director, Veterans’ Services........................................ 81,584

            Administrator, Veterans’ Home.............................................. 107,465

      40.  Medical and Related Positions:

            Senior Physician (Range C) (each)....................................... $155,624

            Senior Psychiatrist (Range C) (each)..................................... 176,902

            Senior Institutional Dentist (Range A) (each)....................... 122,714

            Senior Institutional Dentist (Range B) (each)....................... 138,455

            Pharmacist 3............................................................................... 120,470

            Pharmacist 2 (each)................................................................... 109,518

            Pharmacist 1 (each)..................................................................... 99,563

A Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology.

      Sec. 2.  1.  If any unclassified position is omitted from this act for the Fiscal Years 2009-2010 and 2010-2011, the Department of Personnel shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.

 


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

ê2009 Statutes of Nevada, Page 2159 (Chapter 391, SB 433)ê

 

      2.  If the Fiscal Analysis Division of the Legislative Counsel Bureau determines that the title or maximum salary for a position set forth in section 1 of this act contains a typographical or other error that misrepresents the maximum salary intended to be set forth in section 1 of this act, the Interim Finance Committee may review the duties and responsibilities of the position and establish the appropriate title and maximum salary for the position pursuant to the intent of the 75th Session of the Nevada Legislature.

      3.  An employee occupying a position that is currently in the classified service that is moved into the unclassified service pursuant to this act has the option to remain in the classified service at his current grade, with all rights afforded classified employees, or move into the unclassified service. If the employee chooses to move into the unclassified service, the employee cannot at a later date choose to return to the classified service while occupying this position.

      4.  Once an employee vacates the position moved into the unclassified service pursuant to this act, the employee who is the replacement in the position will be in the unclassified service.

      5.  If the salary for a position that is currently in the classified service or non-classified service and that is moved into the unclassified service is reduced pursuant to this act, the salary for the employee currently serving in the position will be retained at its current level and the employee will be subject to unpaid furlough leave pursuant to section 3 of this act. Once the employee serving in the position vacates the position, the unclassified salary is established at the level in section 1 of this act, as adjusted pursuant to section 3 of this act.

      6.  If the salary for an employee occupying a position in the unclassified service on June 30, 2009, is more than the maximum salary for that position as set forth in section 1 of this act, the salary for that employee must be retained at the level in effect on June 30, 2009. Such an employee is subject to unpaid furlough leave pursuant to section 3 of this act. Once an employee vacates a position for which the previous salary is retained pursuant to this section, the maximum salary for that position must be reduced to the amount set forth in section 1 of this act, as adjusted pursuant to section 3 of this act.

      Sec. 3.  1.  Except as otherwise provided in section 5 of this act:

      (a) For the period beginning on July 1, 2009, and ending on June 30, 2011, each employee of the State, other than a classified employee, shall take 1 day of unpaid furlough leave each month.

      (b) Except as otherwise provided in subsection 5, the furlough requirement applies to all branches of state government and includes the Nevada System of Higher Education, the Public Employees’ Retirement System and all other entities of state government.

Ê The requirements of this section do not apply to employees of the Department of Cultural Affairs whose standard workweek was reduced from 40 hours to 32 hours effective July 1, 2009.

      2.  Except as otherwise provided in this subsection, for the purposes of this section “1 day” consists of the number of hours an employee works in a standard workday, but not more than 8 hours. An employee must take 1 day of furlough leave each month and cannot take portions of a day that combine to total the amount of the required monthly furlough leave. A full-time employee whose standard workday is longer than 8 hours shall take 8 hours of furlough leave on a single workday and may take annual leave for the remainder of the day, work a reduced schedule that day or work a modified schedule approved by his employer.

 


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

ê2009 Statutes of Nevada, Page 2160 (Chapter 391, SB 433)ê

 

schedule approved by his employer. An employee who works less than full time with a fixed schedule shall take as furlough leave the portion of an 8-hour day that his scheduled workweek or biweekly schedule bears to a full-time workweek or biweekly schedule.

      3.  For the period beginning on July 1, 2009, and ending on June 30, 2011, each employee in the classified service of the State shall:

      (a) If he is a full-time employee, take 96 hours of unpaid furlough leave each year.

      (b) If he is employed less than full time, take a number of hours of unpaid furlough leave each year which is equal to the average number of hours worked per working day multiplied by 12.

Ê An employee in the classified service of the State may take unpaid furlough leave in portions of a day that combine to total the amount of required yearly leave. To the extent practicable, full-time classified employees should take 8 hours of unpaid furlough leave per month. To the extent practicable, a classified employee who works less than full time with a fixed schedule should take as unpaid furlough leave the portion of an 8-hour day his scheduled workweek or biweekly schedule bears to a full-time workweek or biweekly schedule.

      4.  Furlough leave pursuant to this section must be scheduled and approved in the same manner as other leave. Notwithstanding any statute or regulation to the contrary and except as otherwise provided by regulation adopted pursuant to this section by the Personnel Commission, an employee who is on furlough leave is considered to have worked that day or portion of a day, as applicable, for all purposes except payment of salary and determination of overtime, including without limitation:

      (a) Accrual of sick and annual leave;

      (b) Determining the employee’s pay progression date;

      (c) Continuity of service and years of service for the purposes of payments pursuant to the plan to encourage continuity of service;

      (d) The duration of a probationary period;

      (e) Determining eligibility for holiday pay if the shift immediately precedes a holiday;

      (f) Seniority for all purposes, including layoffs;

      (g) The Public Employees’ Benefits Program; and

      (h) The Public Employees’ Retirement System, including for the purposes of contributions to the System, subject to the requirements of sections 4 and 5 of this act.

      5.  The Board of Regents of the University of Nevada shall determine and implement the method by which:

      (a) The professional employees of the Nevada System of Higher Education will participate in the furlough requirement pursuant to this section; or

      (b) The overall costs for the professional employees of the Nevada System of Higher Education will be reduced in an amount at least equal to the savings which would have otherwise been produced by furlough leave pursuant to this section.

      6.  Except as otherwise provided in subsection 5, the Personnel Commission shall adopt regulations to carry out the provisions of this section.

      Sec. 4.  1.  It is the intent of the Legislature to establish a program whereby employees of the State and other participating employers who take furlough leave due to extreme fiscal need, including employees required to take furlough leave pursuant to section 3 of this act, be held harmless in the accumulation of retirement service credit and reported salary pursuant to chapter 286 of NRS.

 


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

ê2009 Statutes of Nevada, Page 2161 (Chapter 391, SB 433)ê

 

furlough leave due to extreme fiscal need, including employees required to take furlough leave pursuant to section 3 of this act, be held harmless in the accumulation of retirement service credit and reported salary pursuant to chapter 286 of NRS.

      2.  Except as otherwise required as a result of NRS 286.537 and notwithstanding the provisions of NRS 286.481, an employee is entitled to receive full service credit for time taken as furlough leave pursuant to the program established pursuant to section 3 of this act if:

      (a) The employee does not take more than 96 hours of furlough leave in a year; and

      (b) The public employer certifies to the System that the employer is participating in the furlough program established pursuant to section 3 of this act and that the furlough leave which is reported for the employee is taken in accordance with the requirements of section 3 of this act.

      3.  In any month in which a day of furlough leave is taken, an employee is entitled to receive full-time service credit for the furlough leave in accordance with the normal workday for the employee. An employee who is less than full time is entitled to service credit in the same manner and to the same extent as though the employee had worked the hours taken as furlough leave.

      4.  When a member is on furlough leave pursuant to the program certified by the public employer in accordance with this section, the public employer must:

      (a) Include all information required by the System on the public employer’s regular monthly retirement report as provided in NRS 286.460; and

      (b) Pay all required employer and employee contributions to the System based on the compensation that would have been paid to the member but for the member’s participation in the program. The public employer may recover from the employee the amount of the employee contributions set forth in NRS 286.410.

      5.  Service credit under the program established pursuant to this section must be computed according to the fiscal year.

      6.  As used in this section:

      (a) “Member” has the meaning ascribed to it in NRS 286.050.

      (b) “Public employer” has the meaning ascribed to it in NRS 286.070.

      (c) “System” means the Public Employees’ Retirement System.

      Sec. 5.  1.  It is the intent of the Legislature to limit exceptions to the requirement of furlough leave for employees of the State pursuant to section 3 of this act to identified areas of critical need. If an employer, including the State, participating in the program established pursuant to section 3 of this act determines that a position cannot be subject to furlough leave because of the need to provide appropriate services that are necessary to the protection of public health, safety and welfare, the governing body of the agency must make findings on the record in a public meeting that:

      (a) The position is necessary to the protection of public health, safety, or welfare;

      (b) The public health, safety or welfare will be significantly diminished if mandatory furlough leave is implemented for employees in these positions;

      (c) No alternatives exist to provide for the protection of public health, safety or welfare; and

 


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

ê2009 Statutes of Nevada, Page 2162 (Chapter 391, SB 433)ê

 

      (d) The agency has identified and will implement other methods to reduce overall costs equal to the savings produced by furlough leave under the program or received an allocation of funds as set forth in section 8 of this act.

      2.  For the purposes of subsection 1:

      (a) Except as otherwise provided in this subsection, the State Board of Examiners shall determine positions within the Executive Branch of State Government that cannot be subject to furlough leave.

      (b) The Board of Regents shall determine positions within the Nevada System of Higher Education that cannot be subject to furlough leave.

      (c) The Public Employees’ Retirement Board shall determine positions within the

Public Employees’ Retirement System that cannot be subject to furlough leave.

      (d) The Supreme Court shall determine positions within the Judicial Branch of State Government that cannot be subject to furlough leave.

      (e) The Legislative Commission shall determine positions within the Legislative Branch of State Government that cannot be subject to furlough leave.

      3.  The entities described in subsection 2 shall report to the Interim Finance Committee on a quarterly basis all positions that have been determined not to be subject to furlough leave pursuant to this section and the reasons for such determinations.

      Sec. 6.  1.  There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $23,882,673 for the purpose of meeting any deficiencies for the fiscal year beginning on July 1, 2009, and ending on June 30, 2010, and the fiscal year beginning on July 1, 2010, and ending June 30, 2011, which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 75th Session of the Legislature, and the actual salary net of requirements for unpaid furlough leave of the personnel of those departments, commissions and agencies, necessary under section 3 of this act due to extreme fiscal need and to hold those personnel harmless in the accumulation of retirement service credit under section 4 of this act, to become effective on July 1, 2009.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the employees of the respective departments, commissions and agencies under the adjusted pay plan.

      Sec. 7.  1.  There is hereby appropriated from the State Highway Fund to the State Board of Examiners the sum of $4,657,094 for the purpose of meeting any deficiencies for the fiscal year beginning on July 1, 2009, and ending on June 30, 2010, and the fiscal year beginning on July 1, 2010, and ending June 30, 2011, which may exist between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Transportation Authority, as fixed by the 75th Session of the Legislature, and actual salaries net of the requirements for unpaid furlough leave of personnel of the Department of Motor Vehicles, Department of Public Safety and Transportation Authority necessary under section 3 of this act due to extreme fiscal need and to hold those personnel harmless in the accumulation of retirement service credit under section 4 of this act, to become effective on July 1, 2009.

 


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

ê2009 Statutes of Nevada, Page 2163 (Chapter 391, SB 433)ê

 

Transportation Authority necessary under section 3 of this act due to extreme fiscal need and to hold those personnel harmless in the accumulation of retirement service credit under section 4 of this act, to become effective on July 1, 2009.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the Department of Motor Vehicles, the Department of Public Safety and the Transportation Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to meet and pay the salaries of the employees of the Department of Motor Vehicles, Department of Public Safety and Transportation Authority under the adjusted pay plan.

      Sec. 8.  1.  There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $4,000,000 for the purpose of meeting any deficiencies for the fiscal year beginning on July 1, 2009, and ending on June 30, 2010, and the fiscal year beginning on July 1, 2010, and ending on June 30, 2011, which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 75th Session of the Legislature and the requirements of section 5 of this act for identified areas of critical need.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the employees of the respective departments, commissions and agencies who are employed in positions of critical need pursuant to section 5 of this act.

      Sec. 9.  On or before May 31, 2010, the Interim Finance Committee shall project the unappropriated balance of the State General Fund and the State Distributive School Account in the State General Fund as of June 30, 2010, using all relevant information known to it. The results of the projections of the State General Fund and the State Distributive School Account must be combined into a single projection.

      Sec. 10.  1.  Except as otherwise provided in subsection 2, based on the projection required by section 9 of this act, the following amounts are hereby contingently appropriated, to provide for reductions in unpaid furlough leave for the respective groups of employees for the Fiscal Year 2010-2011:

      (a) If the projected balance is at least $390,000,000 to effect an estimated reduction from 12 unpaid days of furlough leave to 9 unpaid days of furlough leave:

            (1) From the State General Fund to the Interim Finance Committee for:

                  Nonclassified, classified and unclassified employees of the State.................................................................................... $7,333,900

                  Classified and professional employees of the Nevada System of Higher Education.................................................................. $6,619,506

 


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

ê2009 Statutes of Nevada, Page 2164 (Chapter 391, SB 433)ê

 

            (2) From the State Highway Fund to the Interim Finance Committee for positions in the Department of Motor Vehicles, Department of Public Safety and Transportation Authority of Nevada:

                  Classified and unclassified employees...................... $1,329,364

            (3) From the State General Fund to the Legislative Fund for employees of the Legislative Counsel Bureau and Interim Legislative Operations $297,539

      (b) If the projected balance is at least $425,000,000, to effect an estimated reduction from 12 unpaid days of furlough leave to 7 unpaid days of furlough leave:

            (1) From the State General Fund to the Interim Finance Committee for:

                  Nonclassified, classified and unclassified employees of the State.................................................................................. $12,223,167

                  Classified and professional employees of the Nevada System of Higher Education................................................................ $11,032,510

            (2) From the State Highway Fund to the Interim Finance Committee for positions in the Department of Motor Vehicles, Department of Public Safety and Transportation Authority of Nevada:...................................................................... $2,215,607

            (3) From the State General Fund to the Legislative Fund for employees of the Legislative Counsel Bureau and Interim Legislative Operations $495,899

Ê The Interim Finance Committee shall allocate the appropriations pursuant to this section among the respective departments, commissions and agencies of the State.

      2.  The provisions of this section do not apply if the State Treasurer borrows money on or after July 1, 2009, from the Local Government Pooled Investment Fund pursuant to the provisions of Section 1 of chapter 1, Statutes of Nevada 2008, 25th Special Session, at page 2, as amended by the 2009 Legislature.

      Sec. 11.  1.  Except as otherwise provided in subsection 2, based on the projection required by section 9 of this act, the following amounts are hereby contingently appropriated for the Fiscal Year 2010-2011:

      (a) If the projected balance is at least $390,000,000, to provide funding sufficient for a 1 percent increase in salaries for personnel employed by school districts, charter schools and university schools for profoundly gifted pupils:

            (1) From the State General Fund to the State Distributive School Account in the State General Fund........................................................................ $24,099,622

Ê This additional appropriation, if any, must be apportioned in the same proportion per pupil as established by the Department of Education for the 17 county school districts for Fiscal Year 2010-2011.

            (2) From the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379............. $267,521

Ê This additional appropriation, if any, must be added to any other appropriations made to the Account for the 2009-2011 biennium and expended in the same manner as those other appropriations.

 


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

ê2009 Statutes of Nevada, Page 2165 (Chapter 391, SB 433)ê

 

      (b) If the projected balance is at least $425,000,000, to provide funding sufficient for a 2 percent increase in salaries for personnel employed by school districts, charter schools and university schools for profoundly gifted pupils:

            (1) From the State General Fund to the State distributive School Account in the State General Fund........................................................................ $48,199,244

Ê This additional appropriation, if any, must be apportioned in the same proportion per pupil as established by the Department of Education for the 17 county school districts for Fiscal Year 2010-2011.

            (2) From the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379............. $535,042

Ê This additional appropriation, if any, must be added to any other appropriations made to the Account for the 2009-2011 biennium and expended in the same manner as those other appropriations.

      2.  The provisions of this section do not apply if the State Treasurer borrows money on or after July 1, 2009, from the Local Government Pooled Investment Fund pursuant to the provisions of Section 1 of chapter 1, Statutes of Nevada 2008, 25th Special Session, at page 2, as amended by the 2009 Legislature.

      Sec. 12.  The Department of Health and Human Services may adopt a plan to authorize additional payments of up to $60 for a specified period on a weeknight and of up to $100 for a specified period on a weekend day for unclassified employees, who are Senior Psychiatrists, Senior Physicians or Pharmacists to perform on-call responsibilities to ensure 24-hour coverage in psychiatric treatment facilities. On-call responsibilities for Senior Psychiatrists and Senior Physicians include, without limitation, attending to clinical emergencies, evaluation of patients subject to seclusion and restraint, and completing rounds during weekends. On-call responsibilities for pharmacists, include, without limitation, consultation with medical personnel and first dosage reviews.

      Sec. 13.  The State Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as an electronic laboratory engineer and possess a bachelor of science or higher degree in engineering, electronic engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.

      Sec. 14.  Any remaining balance of the appropriation made by sections 6 to 8, inclusive, of this act 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 fund from which it was appropriated on or before September 16, 2011.

      Sec. 15.  1.  Money in subsection 1 of sections 6 and 8 of this act can be transferred among each section to finance the requirements of section 3 to 5, inclusive, of this act.

 


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

ê2009 Statutes of Nevada, Page 2166 (Chapter 391, SB 433)ê

 

      2.  When determining the allocations of the money appropriated in sections 6 to 8, inclusive, the Board of Examiners must not distribute money to an account beyond the maximum salary need amount determined for the account. Appropriations established for an account within a department, agency or commission must not be distributed to another account within the department, agency or commission if that action results in the distribution of money beyond the maximum salary need amount determined for the account.

      Sec. 16.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 392, SB 431

Senate Bill No. 431–Committee on Finance

 

CHAPTER 392

 

AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the State Government for the fiscal years commencing on July 1, 2009, and ending on June 30, 2010, and beginning on July 1, 2010, and ending on June 30, 2011; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; and providing other matters properly relating thereto.

 

[Veto Overridden. Date Filed: June 1, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal years beginning on July 1, 2009, and ending on June 30, 2010, and 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 act:

 

                                                                                   2009-10                   2010-11

Governor’s Office

      Governor’s Office for Consumer Health Assistance $609,448 $540,944

      High Level Nuclear Waste                               553,594                 553,594

      Washington Office                                            247,079                 247,079

      State Fiscal Stabilization Account          256,956,692

Ethics Commission                                                 451,032                 449,547

Energy Conservation                                              649,762                 616,102

Attorney General’s Office

      Office of the Extradition Coordinator           $78,546                 $78,546

      Attorney General Administration Account 13,407,893         12,724,977

      Special Litigation Account                           3,366,144              3,367,087

      Workers’ Comp Fraud                                  4,264,785              4,360,562

      Crime Prevention Program                                 46,122                   46,122

 


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

ê2009 Statutes of Nevada, Page 2167 (Chapter 392, SB 431)ê

 

                                                                                   2009-10                   2010-11

      Medicaid Fraud Control Unit                    $3,421,181            $3,440,722

      Bureau of Consumer Protection                  4,343,046              4,549,707

      Violence Against Women Grants                2,260,448              2,262,188

      Advisory Council for Prosecuting Attorneys 260,804                289,055

      Victims of Domestic Violence                        172,994                 178,137

      Attorney General Tort Claim Fund             7,667,155              9,874,533

Office of the Secretary of State

      Secretary of State                                            $441,380               $442,253

      HAVA Election Reform                                6,504,275              3,519,147

Office of the State Treasurer

      State Treasurer                                             $1,259,090            $1,401,303

      Treasurer Higher Education Tuition Administration 447,523   468,424

      Bond Interest and Redemption                440,031,353         462,936,619

      Municipal Bond Bank Revenue                30,618,109            30,832,477

      Municipal Bond Bank Debt Service         30,774,901            30,987,365

      Millennium Scholarship Administration       407,682                 416,094

      Nevada College Savings Trust                        421,208                 425,366

      Endowment Account                                     7,864,258            10,180,651

      Unclaimed Property                                      1,267,396              1,313,567

Department of Personnel

      State Unemployment Compensation        $6,477,150            $6,656,095

      Personnel                                                      11,807,745            11,451,250

Department of Administration

      Administration - Hearings Division         $4,507,328            $4,602,557

      Information Technology Projects                1,906,507              1,161,497

      Budget and Planning Division                        441,804                 443,992

      Buildings and Grounds - Mail Services     7,778,518              7,914,594

      Buildings and Grounds - Mail Services - Equipment Purchase $232,112      $286,277

      Buildings and Grounds                               18,763,909            19,229,428

      Insurance and Loss Prevention                 29,795,292            27,358,981

      Motor Pool                                                      5,803,534              5,838,850

      Motor Pool Vehicle Purchase                      2,088,028              2,127,854

      Purchasing Division                                      3,208,152              3,111,377

      Commodity Food Program                         13,606,881            15,922,809

      Buildings and Grounds - Marlette Lake     1,403,551              1,488,911

      Administrative Services Division               1,819,122              1,864,364

      Victims of Crime                                         12,052,914            12,163,386

Supreme Court of Nevada

      Administrative Office of the Courts         $4,297,490            $4,389,068

      Judicial Programs and Services Division      633,879                 639,383

      Uniform System of Judicial Records          3,354,924              3,034,467

      Judicial Education                                         2,690,890              2,326,076

      Judicial Support, Governance and Special Events 616,044       578,475

      Supreme Court                                               8,038,362              8,653,209

      Specialty Court                                              8,242,643              8,930,157

      Senior Justice and Senior Judge Program     668,700                 717,487

      Supreme Court Law Library                                4,174                      4,174

 


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

ê2009 Statutes of Nevada, Page 2168 (Chapter 392, SB 431)ê

 

                                                                                   2009-10                   2010-11

Commission on Tourism

      Division of Tourism                                  $14,692,029         $16,340,376

      Tourism Development                                        39,108                   11,474

      Nevada Magazine                                          1,693,029              1,774,949

Commission on Economic Development

      Commission on Economic Development      $82,195                 $82,195

      Nevada Film Office                                          915,850                 922,873

      Rural Community Development                  2,939,194              2,939,194

      Procurement Outreach Program                      431,724                 431,724

Department of Taxation

      Department of Taxation                                 $697,419               $708,543

Legislative Counsel Bureau

      Legislative Commission                                   $14,018                   $8,706

      Administrative Division                                     41,143                   30,000

      Legal Division                                                   987,550                 444,474

      Research Division                                               75,837                   77,699

      Printing Office                                                2,991,657              3,683,178

Department of Information Technology

      Application, Design and Development Unit $2,966,739       $3,070,424

      Director’s Office                                            2,211,868              2,089,573

      Computing Division                                    13,114,452            11,843,921

      Communications and Network Engineering 3,307,375            3,450,833

      Telecommunications                                     3,929,312              3,914,066

      Network Transport Services                        2,665,782              2,675,334

      Security Division                                           1,069,406              1,064,116

State Public Works Board

      Public Works Inspection                            $7,828,624            $7,844,366

Commission on Peace Officers’ Standards and Training

      Peace Officers’ Standards and Training Commission           $2,466,746      $2,582,881

Office of Veterans’ Services

      Commissioner for Veterans’ Affairs           $739,083               $757,633

      Southern Nevada Veterans’ Home           15,409,162            15,763,890

Department of Education

      Drug Abuse Education                                   $710,341               $710,337

      Student Incentive Grants                                 151,248                 151,248

      School Health Education - AIDS                    273,185                 273,182

      Education State Programs                                  26,635                   14,000

      Career and Technical Education                 8,559,152              8,559,152

      Gear Up                                                           3,111,439              3,111,747

      Continuing Education                                   4,157,730              4,157,731

      Nutrition Education Programs                   87,027,130            88,490,994

      Teacher Education and Licensing               2,272,643              1,973,418

      Other Unrestricted Accounts                          746,431                 896,586

      Discretionary Grants - Restricted             15,425,900            13,308,979

      Elementary and Secondary Ed. - Title I 124,813,640            89,517,739

      Elementary and Secondary Ed. - Titles II, V & VI 26,831,432 22,551,372

 


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

ê2009 Statutes of Nevada, Page 2169 (Chapter 392, SB 431)ê

 

                                                                                   2009-10                   2010-11

      Individuals with Disabilities Education Act (IDEA) $105,635,601      $70,880,609

      Education Staffing Services                         1,510,671              1,521,418

      Education Support Services                         3,445,055              3,478,815

Department of Cultural Affairs

      Archives and Records                                        $7,676                   $7,676

      Micrographics and Imaging                             567,121                 526,050

      Lost City Museum                                               74,317                   75,041

      Nevada Historical Society, Reno                      53,685                   54,441

      Nevada State Library                                    1,294,489              1,296,761

      Cultural Affairs Administration                        49,607                   49,639

      Nevada State Library - Literacy                        93,266                   93,266

      Nevada State Library-CLAN                           320,703                 322,367

      Nevada State Museum, Carson City               304,191                 309,770

      Nevada State Museum, Las Vegas                    63,206                   65,338

      Nevada Arts Council                                     1,064,891                 764,391

      State Historic Preservation Office                  980,873                 980,863

      Nevada State Railroad Museums                    409,922                 412,757

Nevada System of Higher Education (NSHE)

      University of Nevada, Reno                    $77,434,197         $80,081,661

      School of Medical Sciences                         3,005,960              3,175,716

      System Administration                                     111,460                 111,460

      University of Ne vada, Las Vegas           119,578,614         124,074,014

      Agricultural Experiment Station                 1,389,398              1,389,398

      Cooperative Extension Service                   1,829,188              1,847,346

      UNLV Law School                                         3,998,231              4,308,192

      Great Basin College                                       6,037,681              6,219,287

      UNLV Dental School                                    4,751,716              4,751,716

      Nevada State College                                    5,267,880              5,419,974

      Desert Research Institute                                 148,486                 148,486

      College of Southern Nevada                      53,092,997            54,851,280

      Western Nevada College                              7,191,632              7,345,915

      Truckee Meadows Community College   17,969,895            18,562,160

      Western Interstate Commission for Higher Education

            Loan and Stipend                                        416,050                 416,050

Commission on Postsecondary Education          $82,962                 $86,524

Department of Health and Human Services Administration                            

      Office of the State Public Defender          $1,499,726            $1,531,664

      Nevada Indian Commission                               29,000                   29,000

      Health and Human Services Administration 688,745                 591,444

      Grants Management Unit                           29,170,304            28,407,848

      Director’s Office - Problem Gambling       1,606,207              1,842,082

      Children’s Trust Account                                987,697                 992,308

      Healthy Nevada Fund                                   7,060,873              7,061,244

      Indigent Supplemental Account                25,474,982            23,303,820

 


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

ê2009 Statutes of Nevada, Page 2170 (Chapter 392, SB 431)ê

 

                                                                                   2009-10                   2010-11

Division of Health Care Financing and Policy

      HIFA Holding Account                                  $275,617               $332,843

      Intergovernmental Transfer Program       82,662,607            86,744,878

      Division of Health Care Financing and Policy

            Administration                                       63,456,044            68,923,525

      Increased Quality of Nursing Care           23,086,154            23,130,374

      Nevada Check-Up Program                       27,063,624            34,940,340

      Nevada Medicaid                                   1,033,196,978      1,006,370,222

      HIFA Medical                                                 1,529,963              1,906,582

Division of Mental Health and Developmental Services                                 

      Southern Nevada Adult Mental Health Services $15,307,293      $14,848,693

      Northern Nevada Adult Mental Health Services 5,436,428    5,168,868

      Mental Health Information System                397,565                 400,008

      Rural Regional Center                                   7,412,090              7,024,307

      Mental Health and Developmental Services Administration 4,832,104      4,837,975

      Substance Abuse Prevention and Treatment Agency            19,745,024      18,613,240

      Alcohol Tax Program                                    1,275,719              1,295,060

      Desert Regional Center                               46,837,701            44,564,973

      Sierra Regional Center                                17,279,542            16,709,527

      Lake’s Crossing Center                                    255,913                 255,913

      Rural Clinics                                                   3,862,812              3,294,271

Health Division                                                                                                    

      Radiological Health                                    $4,516,885            $5,141,549

      Health Radioactive and Hazardous Waste 9,694,995              9,623,135

      Cancer Control Registry                               1,096,936              1,137,090

      Health Statistics and Planning                        822,080                 821,671

      Consumer Health Protection                        2,065,509              2,065,137

      Office of Minority Health                                148,205                 146,869

      Early Intervention Services                          6,529,068              6,526,843

      Immunization Program                                  4,014,321              3,999,376

      WIC Food Supplement                                57,530,049            61,659,780

      Communicable Diseases                            12,639,803            12,636,505

      Health Facilities Hospital Licensing        11,648,806            10,977,795

      Public Health Preparedness Program       12,579,360            12,646,105

      Chronic Disease                                             4,433,052              4,411,216

      Maternal Child Health Services                  5,762,948              5,769,943

      Office of Health Administration                 3,881,420              3,825,225

      Community Health Services                        3,076,717              2,942,409

      Emergency Medical Services                          213,878                 209,133

      Marijuana Health Registry                                 57,891                   58,523

 


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

ê2009 Statutes of Nevada, Page 2171 (Chapter 392, SB 431)ê

 

                                                                                   2009-10                   2010-11

Division of Welfare and Supportive Services

      Welfare Administration                           $22,448,442         $20,841,957

      Temporary Assistance for Needy Families 28,585,888         32,809,895

      Welfare Field Services Account               47,020,313            52,310,847

      Child Support Enforcement Program       15,651,970            13,772,333

      Child Support Federal Reimbursement    39,510,770            30,567,549

      Welfare - Child Assistance and Development 42,839,836   40,349,971

      Welfare - Energy Assistance Program      18,268,168            17,597,150

Division For Aging and Disability Services

      Tobacco Settlement Program                     $4,942,087            $6,924,849

      Home and Community-Based Programs    5,417,896              5,386,093

      Aging Federal Programs and Administration 12,643,330      11,801,083

      Developmental Disabilities                             469,694                 469,694

      Senior Rx and Disability Rx                        5,910,776              6,321,212

      EPS/Homemaker Programs                           3,260,005              3,260,005

      Community-Based Services                         3,394,700              2,975,004

      IDEA Part C Compliance                              5,857,760              5,860,537

Division of Child and Family Services                                                             

      Community Juvenile Justice Programs    $2,085,978            $2,101,828

      Washoe County Integration                       15,220,038            15,160,164

      Clark County Integration                            32,279,251            33,219,253

      UNITY/SACWIS                                            2,638,429              2,617,871

      Child and Family Administration             14,896,026            13,161,580

      Youth Alternative Placement                       1,997,618              1,997,618

      Summit View Youth Correctional Center     183,938                 196,421

      Child Care Services                                       1,348,188              1,390,525

      Caliente Youth Center                                      220,213                 233,884

      Victims of Domestic Violence                     2,411,414              2,513,834

      Rural Child Welfare                                      8,298,548              8,459,653

      Child Welfare Trust                                          737,467                 736,986

      Transition from Foster Care                         1,689,218              1,220,074

      Review of Death of Children                          261,266                 246,495

      Nevada Youth Training Center                       376,648                 376,648

      Youth Parole Services                                        76,016                   76,016

      Wraparound in Nevada                                 2,120,167              1,958,165

      Northern Nevada Child and Adolescent Services 4,713,452  4,534,056

      Southern Nevada Child and Adolescent Services 14,346,382 13,601,645

Adjutant General

      Office of the Military                               $13,002,642         $13,181,650

      Adjutant General’s Construction Fund      1,535,908                   36,408

      Patriot Relief Fund                                            541,792                 281,959

      Emergency Operations Center                        345,974                 354,360

 


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

ê2009 Statutes of Nevada, Page 2172 (Chapter 392, SB 431)ê

 

                                                                                   2009-10                   2010-11

Department of Corrections

      Prison Medical Care                                    $1,087,219         $21,186,979

      Offenders’ Store Fund                                18,002,807            18,164,433

      Office of the Director                                    2,856,606              3,054,229

      Correctional Programs                                     632,396                 636,303

      Warm Springs Correctional Center                  28,930                   29,370

      Northern Nevada Correctional Center           448,449                 456,089

      Nevada State Prison                                            84,208                   85,076

      Prison Industry                                               7,044,096              7,142,304

      Stewart Conservation Camp                              83,832                   83,832

      Pioche Conservation Camp                               18,002                   17,592

      Northern Nevada Restitution Center             406,417                 475,936

      Three Lakes Valley Conservation Camp         21,720                   22,359

      Prison Dairy                                                    1,732,936              1,712,094

      Southern Desert Correctional Center             417,620            10,169,518

      Wells Conservation Camp                                 20,037                   20,191

      Humboldt Conservation Camp                          18,115                   18,255

      Ely Conservation Camp                                     17,104                   17,236

      Jean Conservation Camp                                   29,744                   28,884

      Ely State Prison                                                   78,628            12,949,978

      Carlin Conservation Camp                                16,744                   16,872

      Tonopah Conservation Camp                            17,400                   17,533

      Lovelock Correctional Center                           89,406            11,048,225

      Casa Grande Transitional Housing             1,348,885              1,352,757

      Florence McClure Women’s Correctional Center 66,485             66,748

      High Desert State Prison                                  583,509            19,091,469

      Inmate Welfare Account                               4,449,954              4,222,908

Commission on Mineral Resources

      Division of Minerals                                   $2,691,345            $2,331,312

Agriculture

      Gas Pollution Standards                                $615,964               $537,817

      Plant Industry Program                                     142,354                 142,983

      Grade and Certification of Agricultural Products 164,647         175,113

      Agriculture Registration/Enforcement       3,675,332              3,329,623

      Livestock Inspection                                     1,573,882              1,456,904

      Veterinary Medical Services                           270,397                 270,397

      Weights and Measures Program                  2,042,119              2,187,729

      Pest, Plant Disease, Noxious Weed Control 625,059                 647,442

      Administration                                                  806,467                 796,312

      Mormon Cricket and Grasshoppers               463,361                 544,456

      Predatory Animal and Rodent Control          374,209                 374,209

Public Utilities Commission

      Public Utilities Commission                    $13,408,680         $14,104,394

Gaming Control Board

      Gaming Control Board                             $13,724,251         $12,971,959

      Gaming Control Board Investigation Fund 15,368,241         15,896,235

 


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

ê2009 Statutes of Nevada, Page 2173 (Chapter 392, SB 431)ê

 

                                                                                   2009-10                   2010-11

Department of Public Safety

      Home Disaster Assistance Program             $395,850                       $968

      Division of Emergency Management         3,014,820              2,912,675

      Emergency Management Assistance Grants 42,653,626       36,880,402

      Division of Parole and Probation                3,411,827              3,544,306

      Division of Investigations                                    1,644                      1,644

      Narcotics Control                                                15,000                   15,000

      Training Division                                                  3,272                      3,272

      State Fire Marshal                                          1,981,707              1,973,049

      Traffic Safety                                                 6,709,174              4,948,288

      Highway Safety Planning and Administration 1,843,386        1,827,777

      Bicycle Safety Program                                    338,015                 330,523

      Motorcycle Safety Program                             994,022                 949,867

      Forfeitures - Law Enforcement                    1,196,038              1,995,005

      NHP K-9 Program                                                13,402                   13,729

      Director’s Office                                            1,220,430              1,242,186

      Office of Professional Responsibility           588,127                 592,581

      Justice Assistance Act                                  3,388,283              3,388,283

      Central Repository for Nevada Records of Criminal History 14,997,356      15,333,953

      Nevada Highway Patrol                                1,728,399              1,728,399

      Administrative Services                               2,054,729              2,060,966

      Highway Safety Grants Account                 1,613,238              1,688,704

      Capitol Police                                                 2,806,836              2,831,338

      State Emergency Response Commission   1,723,345              1,715,990

      Technology Division                                     6,158,148              6,195,243

      Justice Assistance Grant Trust                    1,158,829              1,158,829

      Justice Grant                                                      292,700                 297,398

Colorado River Commission

      Colorado River Commission                     $9,781,677            $9,586,087

      Research and Development                         1,534,267              2,562,121

      Power Delivery System                            147,388,407         158,329,106

      Power Marketing Fund                               79,193,523            86,284,136

Department of Conservation and Natural Resources

      DEP – Administration                                 $4,915,732            $4,647,520

      DEP – Air Quality                                          6,989,213              6,847,848

      DEP – Water Pollution Control                   4,894,249              4,515,152

      DEP – Waste Management and Federal Facilities 11,481,338 12,277,715

      DEP – Mining Regulation/Reclamation     4,743,458              4,840,234

      DEP – State Revolving Fund - Administration 3,561,749       3,992,469

      DEP – Water Quality Planning                    3,776,591              3,792,294

      DEP – Safe Drinking Water Regulatory Program 2,655,716   2,863,605

      Nevada Natural Heritage Program                  717,576                 561,779

      State Environmental Commission                    50,595                   50,598

 


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

ê2009 Statutes of Nevada, Page 2174 (Chapter 392, SB 431)ê

 

                                                                                   2009-10                   2010-11

      Conservation and Natural Resources Administration              $259,544      $253,601

      Division of Conservation Districts                   33,820                   33,757

      DEP – Water Planning Capital Improvement 268,250                 310,294

      Heil Wild Horse Bequest                                 121,878

      Division of State Parks                                 6,357,062              6,356,015

      Bureau of Water Resources                             658,023                 688,711

      Division of State Lands                                    697,485                 723,883

      Division of Forestry                                      2,118,468              2,076,969

      Forest Fire Suppression                                3,316,498              3,314,644

      Forestry Conservation Camps                     3,365,468              3,359,435

      Tahoe Regional Planning Agency               9,081,999              9,081,999

      Forestry Intergovernmental Agreements    3,088,495              3,094,876

      Forestry Nurseries                                         1,931,476              1,960,114

Department of Wildlife

      Administration                                           $33,119,218         $36,200,188

      Trout Stamp Program                                    4,518,331              4,524,349

      Boating Program                                            8,268,560              8,134,667

      Obligated Reserve                                         3,675,051              3,600,554

Department of Business and Industry

      Nevada Attorney for Injured Workers     $3,352,258            $3,443,238

      Employee-Management Relations Board      386,832                 319,664

      Financial Institutions Investigations              832,579                 339,218

      Consumer Affairs Recovery Fund                    34,088                               

      Insurance Regulation                                    9,197,493              9,449,801

      Manufactured Housing Division                 2,647,373              2,303,033

      Insurance Examiners                                     8,620,282              9,259,787

      Captive Insurers                                             1,751,706              1,816,211

      Common-Interest Communities                   4,097,425              3,881,492

      Insurance Recovery                                          652,005                 652,005

      Real Estate Administration                          1,953,713              1,986,448

      Insurance Education and Research             1,568,644              1,503,119

      Real Estate Education and Research          2,395,316              2,452,462

      Real Estate Recovery Account                       823,633                 961,760

      National Association of Insurance Commissioners 62,833          76,751

      Insurance Cost Stabilization                           396,440                 358,144

      Financial Institutions                                    6,491,743              6,534,080

      Low-Income Housing Trust Fund             33,093,676            28,277,836

      Special Housing Assistance                            546,463                 546,463

      Housing Division                                           9,082,580            10,077,605

      Mobile Home Lot Rent Subsidy                     442,661                 424,928

      Mobile Home Parks                                          315,800                 311,998

      Manufactured Housing Education/Recovery 165,803                150,455

      Financial Institutions Audit                             512,773                 643,229

      Mortgage Lending                                          5,893,144              4,957,546

      Transportation Authority                                 247,876                 247,876

      Transportation Authority Administrative Fines 385,947            377,315

 


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

ê2009 Statutes of Nevada, Page 2175 (Chapter 392, SB 431)ê

 

                                                                                   2009-10                   2010-11

      Nevada Athletic Commission                       $284,395               $284,395

      Taxicab Authority                                         8,437,032              8,528,339

      Dairy Commission                                         1,714,669              1,686,212

      Industrial Relations                                       6,812,584              6,966,035

      Business and Industry Administration       1,168,479              1,176,591

      Occupational Safety and Health Enforcement 7,804,525        7,859,218

      Industrial Development Revenue Bonds       853,091                 863,046

      Self-Insured - Workers’ Compensation         568,279                 572,436

      Safety Consultation and Training               2,810,283              2,883,896

      Mine Safety and Training                             1,393,522              1,412,914

      Weatherization                                            10,415,772              8,671,471

Department of Transportation

      Transportation Administration             $686,759,930       $592,764,296

      NDOT, Bond Construction                         20,000,000                               

Department of Motor Vehicles

      Records Search                                            $9,673,057            $9,673,057

      Automation                                                     4,671,936              4,665,080

      Motor Carrier                                                 1,188,198              1,195,515

      Motor Vehicle Pollution Control              10,210,945            10,513,679

      Verification of Insurance                           17,306,068            17,306,068

      Hearings Office                                                      3,840                      3,840

      Division of Field Services                          24,724,209            25,724,209

      Division of Compliance Enforcement           182,315                 182,735

      Division of Central Services and Records 7,113,797              7,116,157

      Office of the Director                                       111,061                 107,984

      Division of Administrative Services          5,942,520              5,946,834

      REAL ID                                                             690,939                 485,018

Department of Employment, Training and Rehabilitation

      Nevada Equal Rights Commission               $727,847               $595,046

      Blind Business Enterprise Program            4,502,847              4,217,399

      Bureau of Services to the Blind and Visually Impaired          4,615,987      4,077,923

      Client Assistance Program                               185,203                 186,815

      Bureau of Vocational Rehabilitation       17,847,696            14,741,418

      Rehabilitation Administration                     1,402,984              1,430,409

      Disability Adjudication                              14,370,748            14,764,353

      Administration                                               4,847,867              4,942,025

      Research and Analysis                                  3,814,177              3,841,377

      Information Development and Processing 9,002,708              9,096,356

      Career Enhancement Program                   21,486,429            19,513,635

      Employment Security                                 76,949,253            57,665,072

      Employment Security - Special Fund       21,186,802            19,532,330

Public Employees’ Retirement System

      Public Employees’ Retirement System    $9,584,022            $9,536,177

Deferred Compensation

      Deferred Compensation Committee            $494,738               $447,619

 


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

ê2009 Statutes of Nevada, Page 2176 (Chapter 392, SB 431)ê

 

                                                                                   2009-10                   2010-11

Public Employees’ Benefits

      Public Employees’ Benefits Program  $438,893,954       $476,192,258

      Retired Employee Group Insurance         33,165,781            37,736,880

      Active Employees’ Group Insurance     195,829,700         213,741,388

      Sec. 2.  1.  There is hereby appropriated from the money:

      (a) Received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; or

      (b) Recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products,

Ê the sum of $658,487 for Fiscal Year 2009-2010 and the sum of $662,006 for Fiscal Year 2010-2011 to support the operation of the Attorney General Administrative Fund.

      2.  Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:

      (a) Disburse, on or after July 1, 2009, the money appropriated by subsection 1 in its entirety for Fiscal Year 2009-2010 before other disbursements required by law are made;

      (b) Disburse, on or after July 1, 2010, the money appropriated by subsection 1 in its entirety for Fiscal Year 2010-2011 before other disbursements required by law are made; and

      (c) Thereafter in each fiscal year, disburse all other money appropriated from this same source on a pro rata basis by percentage allocated by law.

      3.  There is hereby appropriated from the Fund for a Healthy Nevada:

      (a) The sum of $192,166 for Fiscal Year 2009-2010 and the sum of $192,166 for Fiscal Year 2010-2011, to support the operation of the EPS/Homemaker programs.

      (b) The sum of $311,631 for Fiscal Year 2009-2010 and the sum of $311,631 for Fiscal Year 2010-2011, to support the operation of Home and Community-Based Programs.

      4.  Notwithstanding the provisions of subsection 6 of NRS 439.620 to the contrary, the State Controller shall, from the money reserved for allocation by the Division for Aging and Disability Services of the Department of Health and Human Services pursuant to paragraph (d) of subsection 1 of NRS 439.630:

      (a) Disburse, on or after July 1, 2009, the money appropriated by subsection 3 in its entirety for Fiscal Year 2009-2010 before other disbursements are made; and

      (b) Disburse, on or after July 1, 2010, the money appropriated by subsection 3 in its entirety for Fiscal Year 2010-2011 before other disbursements are made.

      5.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years reverts as soon as all payments of money committed have been made as follows: 10 percent to the Trust Fund for Public Health, 40 percent to the Millennium Scholarship Trust Fund and 50 percent to the Fund for a Healthy Nevada.

      6.  Any balance of the sums appropriated by subsection 3 remaining at the end of the respective fiscal years reverts to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.

 


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ê2009 Statutes of Nevada, Page 2177 (Chapter 392, SB 431)ê

 

      Sec. 3.  1.  Expenditure of $31,214,314 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2009, and ending on June 30, 2010.

      2.  Expenditure of $31,420,650 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2010, and ending on June 30, 2011.

      3.  Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the State Gaming Control Board or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 17, 2010, and September 16, 2011, respectively, by either the State Gaming Control Board or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2010, and September 16, 2011, respectively.

      Sec. 4.  1.  Expenditure of $410,026 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2009, and ending on June 30, 2010.

      2.  Expenditure of $404,393 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2010, and ending on June 30, 2011.

      3.  Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Nevada Gaming Commission or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 17, 2010, and September 16, 2011, respectively, by either the Nevada Gaming Commission or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2010, and September 16, 2011, respectively.

      Sec. 5.  The money authorized to be expended by the provisions of sections 1 to 4, inclusive, of this act, except for expenditures from the Legislative Fund and by judicial agencies, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      Sec. 6.  1.  Except as otherwise provided in subsection 2 and limited by section 7 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act.

 


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ê2009 Statutes of Nevada, Page 2178 (Chapter 392, SB 431)ê

 

act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Department of Administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 to 4, inclusive, of this act.

      2.  The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund for expenditure by the Legislative Counsel Bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.

      Sec. 7.  Except as otherwise provided in section 8, subsection 3 of section 10, sections 13, 15, 18 and 28 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.

      Sec. 8.  1.  The Nevada System of Higher Education may expend the following fees collected from the registration of students, resident or nonresident:

 

                                                                                   2009-10                   2010-11

University of Nevada, Reno.........     $43,603,490         $46,228,158

University of Nevada, Las Vegas       82,950,533           87,431,231

Community College of Southern Nevada                         33,599,563................................ 35,467,225

Western Nevada Community College                                 3,274,851................................... 3,429,648

Truckee Meadows Community College                            10,372,920................................ 10,983,238

Dental School, UNLV....................          4,751,716             4,751,716

Great Basin College.......................          2,586,859             2,718,887

William S. Boyd School of Law, UNLV                              3,998,231................................... 4,308,192

School of Medicine, Reno............          2,994,710             3,164,466

Nevada State College at Henderson                                     2,532,332................................... 2,659,313

 

      2.  The Nevada System of Higher Education may expend any additional registration fees collected from students for the purpose of meeting the salaries and related benefits for incremental instructional faculty necessary as a result of registering additional students beyond the budgeted enrollments. The Nevada System of Higher Education may also expend, with the approval of the Interim Finance Committee, any additional nonresident tuition fees and any additional registration fees not utilized for incremental instructional faculty costs in addition to the authorized amounts for the respective years.

 


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ê2009 Statutes of Nevada, Page 2179 (Chapter 392, SB 431)ê

 

of the Interim Finance Committee, any additional nonresident tuition fees and any additional registration fees not utilized for incremental instructional faculty costs in addition to the authorized amounts for the respective years. The Nevada System of Higher Education may also expend, with the approval of the Interim Finance Committee, any additional registration fees and nonresident tuition fees resulting from the imposition of fee increases.

      Sec. 9.  1.  Whenever claims which are payable and properly approved exceed the amount of cash in the Wildlife Account in the State General Fund, or any other accounts of the Department of Wildlife created pursuant to section 23 of this act, the State Controller may, with the approval of the Chief of the Budget Division of the Department of Administration, transfer temporarily from the State General Fund to the Wildlife Account, or any other accounts of the Department of Wildlife created pursuant to section 23 of this act, such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.

      2.  The Director of the Department of Administration shall provide written notification to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if he approves a request made pursuant to subsection 1.

      3.  Any money which is temporarily advanced pursuant to this section from the State General Fund to the Wildlife Account or any other accounts of the Department of Wildlife created pursuant to section 23 of this act must be repaid on or before the last business day in August immediately following the end of the fiscal year.

      Sec. 10.  1.  Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his services:

 

                                                                       For the fiscal            For the fiscal

                                                                    year ending on         year ending on

                                                                     June 30, 2010           June 30, 2011

Carson City................................            $915,691                   $935,192

Eureka County..........................                 77,837                       79,494

Lincoln County.........................               110,704                     113,062

Storey County...........................                 53,156                       54,288

White Pine County...................               342,338                     349,628

Totals..........................................         $1,499,726               $1,531,664

 

      2.  The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 2009 Legislature for employees of the State Public Defender’s Office for Fiscal Year 2009-2010 and Fiscal Year 2010-2011.

      3.  If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his services.

      Sec. 11.  In Fiscal Years 2009-2010 and 2010-2011, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Department of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.

 


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ê2009 Statutes of Nevada, Page 2180 (Chapter 392, SB 431)ê

 

      Sec. 12.  On and after July 1, 1995, money collected by the Department of Wildlife and designated by the Department as an obligated sum in the Wildlife Account to be used only for the purposes specified by the law pertaining to the money or by the donor of the money must be transferred to a separate account designated as the Department of Wildlife’s Obligated Reserve Account.

      Sec. 13.  Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for the special reserves for extraordinary costs of operation, repair and maintenance of fire-fighting vehicles may be expended for that purpose notwithstanding the provisions of section 7 of this act.

      Sec. 14.  Money authorized for expenditure in section 1 of this act for the State Fire Marshal from the Contingency Account for Hazardous Materials must be expended in its entirety to support eligible training programs before any State General Funds may be expended for such training programs.

      Sec. 15.  Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for support of the central reporting unit that remains unexpended on June 30 may be carried forward to the next fiscal year for that purpose, notwithstanding the provisions of section 7 of this act.

      Sec. 16.  1.  If the Commissioner of Insurance determines that delays in the collection of fee revenues for the Insurance Regulation Account during Fiscal Year 2009-2010 will result in insufficient revenues to pay authorized expenditures, the Commissioner may submit a request for a temporary advance from the State General Fund to the Director of the Department of Administration for the payment of authorized expenses.

      2.  The Director of the Department of Administration shall provide written notification to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if he approves a request made pursuant to subsection 1. The State Controller shall draw his warrant upon receipt of the approval by the Director of the Department of Administration.

      3.  An advance from the General Fund approved pursuant to this section is limited to 25 percent of the revenues expected to be received in Fiscal Year 2009-2010 from any source other than legislative appropriation.

      4.  Any money which is temporarily advanced from the State General Fund to the Insurance Regulation Account pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.

      Sec. 17.  Notwithstanding the provisions of paragraph (a) of subsection 8 of NRS 176.059, the Judicial Branch shall transfer from the money authorized for expenditure in section 1 of this act for the Judicial Education Program, the following amounts:

      1.  For the support of the Judicial Programs and Services Division, the sum of $173,673 in Fiscal Year 2009-2010 and the sum of $180,662 in Fiscal Year 2010-2011;

      2.  For the support of the Uniform System of Judicial Records Program, the sum of $532,500 in Fiscal Year 2009-2010; and

      3.  For the support of the Nevada Supreme Court, the sum of $40,638 in Fiscal Year 2009-2010 and the sum of $40,638 in Fiscal Year 2010-2011.

 


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ê2009 Statutes of Nevada, Page 2181 (Chapter 392, SB 431)ê

 

      Sec. 18.  The Secretary of State may expend, with the approval of the Interim Finance Committee, any additional fees collected pursuant to the enforcement of the provisions of chapter 90 of NRS. Any such money including the money authorized for this purpose in section 1 of this act that remains unexpended on June 30 may be carried forward to the next fiscal year for that purpose, notwithstanding the provisions of section 7 of this act.

      Sec. 19.  Federal stabilization funds authorized pursuant to the American Recovery and Reinvestment Act as authorized in section 1 of this act are available for both Fiscal Years 2009-2010 and 2010-2011 and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Subject to actions the Federal Government may take that may conflict with the allocations authorized in section 1 of this act, stabilization funds or related transfers may be transferred between the Nevada System of Higher Education and the Nevada Department of Education, including the State Distributive School Account, with the approval of the Interim Finance Committee upon the recommendation of the Governor, so long as corresponding transfers of amounts appropriated from the State General Fund occur.

      Sec. 20.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer from the Supplemental Account for Medical Assistance to Indigent Persons created in the Fund for Hospital Care to Indigent Persons pursuant to NRS 428.305 to the State General Fund the sum of $25,199,365 in Fiscal Year 2009-2010 and $22,970,977 in Fiscal Year 2010-2011 for unrestricted State General Fund use.

      Sec. 21.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer an amount not to exceed $7,000,000 in Fiscal Year 2009-2010 and $6,000,000 in Fiscal Year 2010-2011 from the Account for Verification of Insurance created by NRS 482.480 to the State General Fund for unrestricted State General Fund use. Transfers shall also be made to the Department of Motor Vehicles, Central Services Division, in the amount of $2,000,000 in Fiscal Year 2009-2010 and $2,000,000 in Fiscal Year 2010-2011. Transfers shall also be made to the Department of Motor Vehicles, Field Services Division, in the amount of $3,750,000 in Fiscal Year 2009-2010 and $4,750,000 in Fiscal Year 2010-2011. The transfers required by this section must be made only from money in the Account for Verification of Insurance that exceeds the $500,000 in reserve funds that must be maintained in the Account.

      Sec. 22.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $513,805 from the Investigative Account for Financial Institutions, (101-3805) created pursuant to NRS 232.545 to the State General Fund for unrestricted State General Fund use.

      Sec. 23.  Notwithstanding the provisions of NRS 501.356, the Department of Wildlife shall, with the approval of the Interim Finance Committee upon the recommendation of the Governor, create new budget accounts for Fiscal Year 2010-2011. The positions approved within the budgets of, and the sums authorized to the Department by section 1 of this act for Fiscal Year 2010-2011 shall be transferred between the various budget accounts of the Department, including any new accounts created pursuant to this section, for the purposes of separating the revenues and expenditures of the Wildlife Account into multiple accounts to facilitate tracking, reporting, accountability and planning with the approval of the Interim Finance Committee upon the recommendation of the Governor.

 


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ê2009 Statutes of Nevada, Page 2182 (Chapter 392, SB 431)ê

 

tracking, reporting, accountability and planning with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 24.  The money authorized to be expended by the provisions of sections 3 and 4 of this act, in Fiscal Year 2009-2010 for:

      1.  Compensating an employee whose position has been terminated for unused annual leave or unused sick leave balances; or

      2.  Purchasing credit for service in the Public Employees’ Retirement System on behalf of such an employee pursuant to NRS 286.3007,

Ê may be transferred to Fiscal Year 2008-2009 with the approval of the Interim Finance Committee upon the recommendation of the Governor. The State Controller shall process any transactions requested by the Director of the Department of Administration related to payments in this section until September 17, 2010.

      Sec. 25.  1.  If the Director of the Commission on Tourism determines that delays in the collection of lodging tax revenues for the Tourism Development Fund account during Fiscal Year 2009-2010 or Fiscal Year 2010-2011 will result in insufficient revenues to pay authorized expenditures, the Director may submit a request for a temporary advance from the State General Fund to the Director of the Department of Administration for the payment of authorized expenses.

      2.  The Director of the Department of Administration shall provide written notification to the State Controller and the Senate and Assembly Fiscal Analysts of the Legislative Counsel Bureau of his approval of a request made pursuant to pursuant to subsection 1. The State Controller shall draw his warrant upon receipt of the approval by the Director of the Department of Administration.

      3.  An advance from the General Fund approved pursuant to this section is limited to 1/12 of the revenues expected to be received in Fiscal Year 2009-2010 or Fiscal Year 2010-2011 from any source other than legislative appropriation.

      4.  Any money that is temporarily advanced from the State General Fund pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.

      Sec. 26.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer from the Fund for the Promotion of Tourism created by NRS 231.250 to the State General Fund the sum of $2,334,563 in Fiscal Year 2009-2010 and $3,265,434 in Fiscal Year 2010-2011 for unrestricted State General Fund use. These transfers should be made as soon as practicable without depleting the funds necessary for day-to-day operations of the Commission on Tourism.

      Sec. 27.  The sum of $165,000 authorized to the State Gaming Control Board for systems migration in subsection 1 of section 3 of this act is available for both Fiscal Years 2009-2010 and 2010-2011, and may be transferred from Fiscal Year 2009-2010 to Fiscal Year 2010-2011 with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 28.  If the Department of Health and Human Services, Division of Child and Family Services, or Clark County or Washoe County receives an additional amount of money from sources other than the State General Fund, up to the amount of $2,270,475 per year for Clark County and $1,317,258 per year for Washoe County, the Department may, notwithstanding the provision of section 7 of this act, and with the approval of the Interim Finance Committee, accept it and apply it to augment child welfare services.

 


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ê2009 Statutes of Nevada, Page 2183 (Chapter 392, SB 431)ê

 

provision of section 7 of this act, and with the approval of the Interim Finance Committee, accept it and apply it to augment child welfare services.

      Sec. 29.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the balance of any funds remaining in the Consumer Affairs Recovery Fund (101-3807) created pursuant to NRS 598.371 to 598.374, inclusive, to the State General Fund for unrestricted State General Fund use.

      Sec. 30.  1.  This section and sections 18, 19, 22 and 24 of this act become effective upon passage and approval.

      2.  Sections 1 to 17, inclusive, 20, 21, 23 and 25 to 29, inclusive, of this act become effective on July 1, 2009.

________

 

CHAPTER 393, SB 283

Senate Bill No. 283–Senators Parks; and Coffin

 

CHAPTER 393

 

AN ACT relating to domestic relations; providing for the registration and dissolution of domestic partnerships in the State of Nevada; setting forth the rights and responsibilities attendant to such partnerships; and providing other matters properly relating thereto.

 

[Veto Overridden. Date Filed: June 1, 2009]

 

Legislative Counsel’s Digest:

      This bill establishes a domestic partnership as a new type of civil contract recognized in the State of Nevada. Under the provisions of this bill, with certain exceptions, domestic partners have the same rights, protections, benefits, responsibilities, obligations and duties as do parties to any other civil contract created pursuant to title 11 of NRS. This bill also clarifies that a domestic partnership is not a marriage for the purposes of Section 21 of Article 1 of the Nevada Constitution.

      Section 8 of this bill sets forth that no public or private employer in this State is required to provide health care benefits to or for the domestic partner of an officer or employee. Section 8 also clarifies that any public or private employer in this State may voluntarily provide health care benefits to or for the domestic partner of an officer or employee upon such terms and conditions as the affected parties may deem appropriate.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 11 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Nevada Domestic Partnership Act.

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Domestic partners” means persons who:

      1.  Have registered a valid domestic partnership pursuant to section 6 of this act; and

 


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ê2009 Statutes of Nevada, Page 2184 (Chapter 393, SB 283)ê

 

      2.  Have not terminated that domestic partnership pursuant to section 9 of this act.

      Sec. 5.  “Domestic partnership” means the social contract between two persons that is described in section 6 of this act.

      Sec. 6.  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.

      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:

      (a) Both persons have a common residence;

      (b) Except as otherwise provided in section 10 of this act, 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 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. 7.  1.  Except as otherwise provided in section 8 of this act:

      (a) Domestic partners have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon spouses.

 


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ê2009 Statutes of Nevada, Page 2185 (Chapter 393, SB 283)ê

 

law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon spouses.

      (b) Former domestic partners have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon former spouses.

      (c) A surviving domestic partner, following the death of the other partner, has the same rights, protections and benefits, and is subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon a widow or a widower.

      (d) The rights and obligations of domestic partners with respect to a child of either of them are the same as those of spouses. The rights and obligations of former or surviving domestic partners with respect to a child of either of them are the same as those of former or surviving spouses.

      (e) To the extent that provisions of Nevada law adopt, refer to or rely upon provisions of federal law in a way that otherwise would cause domestic partners to be treated differently from spouses, domestic partners must be treated by Nevada law as if federal law recognized a domestic partnership in the same manner as Nevada law.

      (f) Domestic partners have the same right to nondiscriminatory treatment as that provided to spouses.

      (g) A public agency in this State shall not discriminate against any person or couple on the basis or ground that the person is a domestic partner rather than a spouse or that the couple are domestic partners rather than spouses.

      (h) The provisions of this chapter do not preclude a public agency from exercising its regulatory authority to carry out laws providing rights to, or imposing responsibilities upon, domestic partners.

      (i) Where necessary to protect the rights of domestic partners pursuant to this chapter, gender-specific terms referring to spouses must be construed to include domestic partners.

      (j) For the purposes of the statutes, administrative regulations, court rules, government policies, common law and any other provision or source of law governing the rights, protections and benefits, and the responsibilities, obligations and duties of domestic partners in this State, as effectuated by the provisions of this chapter, with respect to:

            (1) Community property;

            (2) Mutual responsibility for debts to third parties;

            (3) The right in particular circumstances of either partner to seek financial support from the other following the dissolution of the partnership; and

            (4) Other rights and duties as between the partners concerning ownership of property,

Ê any reference to the date of a marriage shall be deemed to refer to the date of registration of the domestic partnership.

      2.  As used in this section, “public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada.

 


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ê2009 Statutes of Nevada, Page 2186 (Chapter 393, SB 283)ê

 

      Sec. 8.  1.  The provisions of this chapter do not require a public or private employer in this State to provide health care benefits to or for the domestic partner of an officer or employee.

      2.  Subsection 1 does not prohibit any public or private employer from voluntarily providing health care benefits to or for the domestic partner of an officer or employee upon such terms and conditions as the affected parties may deem appropriate.

      Sec. 9.  1.  Except as otherwise provided in subsection 2, domestic partners who wish to terminate a domestic partnership registered pursuant to section 6 of this act must follow the procedures set forth in chapter 125 of NRS.

      2.  If a domestic partnership meets the criteria specified in subsection 3, domestic partners in a domestic partnership registered pursuant to section 6 of this act may terminate the domestic partnership by:

      (a) Filing 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 have chosen of their own free will to terminate the domestic partnership; and

      (b) Paying 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 any administrative costs incurred by the Secretary of State.

      3.  For a domestic partnership to qualify for the simplified termination proceedings set forth in subsection 2, all of the following conditions must exist at the time of the filing pursuant to that subsection:

      (a) The domestic partnership has been registered for 5 years or less.

      (b) There are no minor children of the relationship of the parties born before or during the domestic partnership or adopted by the parties during the domestic partnership and no female member of the domestic partnership, to her knowledge, is pregnant, or the parties have executed an agreement as to the custody of any children and setting forth the amount and manner of their support.

      (c) There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement.

      (d) The parties waive any rights to support or the parties have executed an agreement setting forth the amount and manner of support.

      (e) The parties waive any right to the conduct of more comprehensive proceedings pursuant to chapter 125 of NRS.

      Sec. 10.  A legal union of two persons, other than a marriage as recognized by the Nevada Constitution, that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership as defined in this chapter, must be recognized as a valid domestic partnership in this State regardless of whether the union bears the name of a domestic partnership. For a legal union that was validly formed in another jurisdiction to be recognized as a valid domestic partnership in this State, the parties desiring such recognition must comply with the provisions of section 6 of this act.

      Sec. 11.  A domestic partnership is not a marriage for the purposes of Section 21 of Article 1 of the Nevada Constitution.

 


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ê2009 Statutes of Nevada, Page 2187 (Chapter 393, SB 283)ê

 

      Sec. 12.  The provisions of this chapter do not require the performance of any solemnization ceremony to enter into a binding domestic partnership contract. It is left to the dictates and conscience of partners entering into a domestic partnership to determine whether to seek a ceremony or blessing over the domestic partnership and to the dictates of each religious faith to determine whether to offer or allow a ceremony or blessing of domestic partnerships. Providing recognition to partnerships through a domestic partnership system in no way interferes with the right of each religious faith to choose freely to whom to grant the religious status, sacrament or blessing of marriage under the rules or practices of that faith.

      Sec. 13.  The provisions of this chapter must be construed liberally to the effect of resolving any doubt or question in favor of finding that a domestic partnership is a valid civil contract entitled to be treated in all respects under the laws of this State as any other civil contract created pursuant to title 11 of NRS would be treated.

________

 

CHAPTER 394, SB 415

Senate Bill No. 415–Committee on Finance

 

CHAPTER 394

 

AN ACT relating to programs for public personnel; establishing for the next biennium the amount to be paid to the Public Employees’ Benefits Program for group insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.

 

[Veto Overridden. Date Filed: June 1, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill establishes the amount of the State’s share of the costs of premiums or contributions for group insurance for state officers and employees who participate in the Public Employees’ Benefits Program. (NRS 287.044, 287.0445, 287.046) Section 2 of this bill also establishes the base amount that is used to calculate the share of the costs of premiums or contributions for group insurance that is required to be paid by the state and local governments for retired public officers and employees. (NRS 287.023, 287.046)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  For the purposes of NRS 287.044, 287.0445 and 287.046, the State’s share of the cost of premiums or contributions for group insurance for each active state officer or employee who elects to participate in the Public Employees’ Benefits Program is:

      (a) For the Fiscal Year 2009-2010, $626.52 per month.

      (b) For the Fiscal Year 2010-2011, $680.84 per month.

      2.  If the amount of the State’s share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the state officer or employee selects less any amount paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created pursuant to NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons that are eligible to participate in the Public Employees’ Benefits Program through such a state officer or employee.

 


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ê2009 Statutes of Nevada, Page 2188 (Chapter 394, SB 415)ê

 

paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created pursuant to NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons that are eligible to participate in the Public Employees’ Benefits Program through such a state officer or employee.

      Sec. 2.  For the purposes of NRS 287.023 and 287.046, the base amount for the share of the cost of premiums or contributions for group insurance for each person who has retired with state service and continues to participate in the Public Employees’ Benefits Program is:

      1.  For the Fiscal Year 2009-2010, $317.30 per month.

      2.  For the Fiscal Year 2010-2011, $344.30 per month.

      Sec. 3.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 395, SB 429

Senate Bill No. 429–Committee of the Whole

 

CHAPTER 395

 

AN ACT relating to state financial administration; temporarily increasing the state business license fee; temporarily revising the rate of the payroll tax imposed on certain businesses other than financial institutions; revising the provisions governing the calculation of governmental services taxes due annually for used vehicles and allocating a portion of the proceeds of the basic governmental services tax for 4 years to the State General Fund and thereafter to the State Highway Fund; temporarily increasing the rate of the Local School Support Tax; and providing other matters properly relating thereto.

 

[Veto Overridden. Date Filed: June 1, 2009]

 

Legislative Counsel’s Digest:

      Sections 1 and 2 of this bill increase the fee for a state business license from $100 to $200.

      Existing law imposes an excise tax on certain businesses other than financial institutions at the rate of 0.63 percent of the total wages paid by the business each calendar quarter. (NRS 363B.110) Section 3 of this bill changes that rate to 0.5 percent of the amount paid that does not exceed $62,500, plus 1.17 percent of the amount paid in excess of $62,500.

      Existing law sets forth depreciation schedules for determining the amount of governmental services taxes due each year for used vehicles and establishes a minimum tax of $6. (NRS 371.060) Section 4 of this bill increases the amount of governmental services taxes due annually for used vehicles by reducing the amount of depreciation allowed and increasing the minimum tax to $16. Sections 5 and 13-15 of this bill allocate the revenue from these increases in the basic governmental services tax to the State General Fund for the next 4 years. Sections 15.5 and 18.5 of this bill provide for the money from the increases to be deposited in the State Highway Fund thereafter.

      Under existing law, the Local School Support Tax Law imposes sales and use taxes at the rate of 2.25 percent. (NRS 374.110, 374.190) Sections 6-8 of this bill increase that rate to 2.6 percent.

 


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ê2009 Statutes of Nevada, Page 2189 (Chapter 395, SB 429)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 360.780 is hereby amended to read as follows:

      360.780  1.  Except as otherwise provided in subsection 7, a person shall not conduct a business in this State unless he has a state business license issued by the Department.

      2.  An application for a state business license must:

      (a) Be made upon a form prescribed by the Department;

      (b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business;

      (c) Be accompanied by a fee of [$100;] $200; and

      (d) Include any other information that the Department deems necessary.

      3.  The application must be signed by:

      (a) The owner, if the business is owned by a natural person;

      (b) A member or partner, if the business is owned by an association or partnership; or

      (c) An officer or some other person specifically authorized to sign the application, if the business is owned by a corporation.

      4.  If the application is signed pursuant to paragraph (c) of subsection 3, written evidence of the signer’s authority must be attached to the application.

      5.  The state business license required to be obtained pursuant to this section is in addition to any license to conduct business that must be obtained from the local jurisdiction in which the business is being conducted.

      6.  For the purposes of NRS 360.760 to 360.798, inclusive, a person shall be deemed to conduct a business in this State if a business for which the person is responsible:

      (a) Is organized pursuant to title 7 of NRS, other than a business organized pursuant to chapter 82 or 84 of NRS;

      (b) Has an office or other base of operations in this State; or

      (c) Pays wages or other remuneration to a natural person who performs in this State any of the duties for which he is paid.

      7.  A person who takes part in an exhibition held in this State for a purpose related to the conduct of a business is not required to obtain a state business license specifically for that event if the operator of the facility where the exhibition is held pays the licensing fee on behalf of that person pursuant to NRS 360.787.

      Sec. 2.  NRS 360.784 is hereby amended to read as follows:

      360.784  1.  Except as otherwise provided in subsection 2, a person who has been issued a state business license shall submit a fee of [$100] $200 to the Department on or before:

      (a) The last day of the month in which the anniversary date of issuance of the state business license occurs in each year; or

      (b) Such other annual date as the Department and person may mutually agree,

Ê unless the person submits a written statement to the Department, at least 10 days before that date, indicating that the person will not be conducting business in this State after that date.

      2.  The Department may reduce the amount of any initial fee required pursuant to paragraph (b) of subsection 1 to allow credit for the remaining portion of a year for which the fee has been paid for the state business license pursuant to paragraph (a) of subsection 1 or NRS 360.780.

 


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ê2009 Statutes of Nevada, Page 2190 (Chapter 395, SB 429)ê

 

      3.  A person who fails to submit the annual fee required pursuant to this section in a timely manner shall pay a penalty in the amount of $100 in addition to the annual fee.

      Sec. 3.  NRS 363B.110 is hereby amended to read as follows:

      363B.110  1.  There is hereby imposed an excise tax on each employer [at the rate of 0.63 percent of the wages, as defined in NRS 612.190,] in the amount determined as follows:

      (a) If the sum of all the wages paid by the employer during a calendar quarter with respect to employment in connection with the business activities of the employer [.] does not exceed $62,500, the amount of the tax for that calendar quarter is 0.5 percent of the sum of those wages; or

      (b) If the sum of all the wages paid by the employer during a calendar quarter with respect to employment in connection with the business activities of the employer exceeds $62,500, the amount of the tax for that calendar quarter is $312.50 plus 1.17 percent of the amount by which the sum of those wages exceeds $62,500.

      2.  The tax imposed by this section:

      (a) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) Must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.

      3.  Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:

      (a) File with the Department a return on a form prescribed by the Department; and

      (b) Remit to the Department any tax due pursuant to this chapter for that calendar quarter.

      Sec. 4.  NRS 371.060 is hereby amended to read as follows:

      371.060  1.  Except as otherwise provided in subsection 2, each vehicle must be depreciated by the Department for the purposes of the annual governmental services tax according to the following schedule:

 

                                                                                                                                   Percentage of

Age                                                                                                                               Initial Value

 

New....................................................................................... 100 percent

1 year.............................................................................. [85] 95 percent

2 years............................................................................ [75] 85 percent

3 years............................................................................ [65] 75 percent

4 years............................................................................ [55] 65 percent

5 years............................................................................ [45] 55 percent

6 years............................................................................ [35] 45 percent

7 years............................................................................ [25] 35 percent

8 years............................................................................ [15] 25 percent

9 years or more................................................................ [5] 15 percent

 


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ê2009 Statutes of Nevada, Page 2191 (Chapter 395, SB 429)ê

 

      2.  Each bus, truck or truck-tractor having a declared gross weight of 10,000 pounds or more and each trailer or semitrailer having an unladen weight of 4,000 pounds or more must be depreciated by the Department for the purposes of the annual governmental services tax according to the following schedule:

 

                                                                                                                                   Percentage of

Age                                                                                                                               Initial Value

 

New....................................................................................... 100 percent

1 year.............................................................................. [75] 85 percent

2 years............................................................................ [59] 69 percent

3 years............................................................................ [47] 57 percent

4 years............................................................................ [37] 47 percent

5 years............................................................................ [28] 38 percent

6 years............................................................................ [23] 33 percent

7 years............................................................................ [20] 30 percent

8 years............................................................................ [17] 27 percent

9 years............................................................................ [15] 25 percent

10 years or more........................................................... [13] 23 percent

 

      3.  Notwithstanding any other provision of this section, the minimum amount of the governmental services tax:

      (a) On any trailer having an unladen weight of 1,000 pounds or less is $3; and

      (b) On any other vehicle is [$6.] $16.

      4.  For the purposes of this section, a vehicle shall be deemed a “new” vehicle if the vehicle has never been registered with the Department and has never been registered with the appropriate agency of any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province or country.

      Sec. 5.  NRS 371.230 is hereby amended to read as follows:

      371.230  Except as otherwise provided in NRS 371.1035, 482.180 [or] and 482.181, and section 13 of this act, money collected by the Department for governmental services taxes and penalties pursuant to the provisions of this chapter must be deposited with the State Treasurer to the credit of the Motor Vehicle Fund.

      Sec. 6.  Chapter 374 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.

      Sec. 7.  In addition to the amount of tax imposed pursuant to NRS 374.110, for the privilege of selling tangible personal property at retail an additional amount of tax is hereby imposed upon all retailers at the rate of 0.35 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in a county.

      Sec. 8.  1.  In addition to the amount of excise tax imposed pursuant to NRS 374.190, an additional amount of excise tax is hereby imposed on the storage, use or other consumption in a county of tangible personal property purchased from any retailer for storage, use or other consumption in the county at the rate of 0.35 percent of the sales price of the property.

      2.  The additional amount of tax is imposed on all property which was acquired out of State in a transaction which would have been a taxable sale if it had occurred within this State.

 


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ê2009 Statutes of Nevada, Page 2192 (Chapter 395, SB 429)ê

 

      Sec. 8.5.  NRS 374.315 is hereby amended to read as follows:

      374.315  1.  There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract entered into before July 1, 1967.

      2.  There are exempted from the additional taxes imposed by amendment to this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for construction entered into before May 1, 1981.

      3.  There are exempted from the additional taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for construction of an improvement to real property, entered into before July 30, 1991, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the additional taxes.

      4.  There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract entered into before July 2009.

      Sec. 9.  NRS 374.635 is hereby amended to read as follows:

      374.635  1.  If the Department determines that any amount, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and shall certify to the board of county commissioners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom paid. If approved by the board of county commissioners, the excess amount collected or paid must, after being credited against any amount then due from the person in accordance with section 1 of [this act,] Assembly Bill No. 23 of this session, be refunded to the person or his successors, administrators or executors.

      2.  Any overpayment of the use tax by a purchaser to a retailer who is required to collect the tax and who gives the purchaser a receipt therefor pursuant to NRS 374.190 to 374.260, inclusive, and section 8 of this act, and 374.727 must be credited or refunded by the county to the purchaser, subject to the requirements of section 1 of [this act.] Assembly Bill No. 23 of this session.

      Sec. 10.  NRS 374.645 is hereby amended to read as follows:

      374.645  No credit or refund of any amount paid pursuant to NRS 374.190 to 374.260, inclusive, and section 8 of this act, and 374.727 may be allowed on the ground that the storage, use or other consumption of the property is exempted pursuant to NRS 374.350, unless the person who paid the amount reimburses his vendor for the amount of the sales tax imposed upon his vendor with respect to the sale of the property and paid by the vendor to the county.

      Sec. 11.  NRS 374.726 is hereby amended to read as follows:

      374.726  In its administration of the use tax imposed by NRS 374.190 [,] and section 8 of this act, the Department shall not consider the storage, use or other consumption in a county of tangible personal property which:

 


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ê2009 Statutes of Nevada, Page 2193 (Chapter 395, SB 429)ê

 

      1.  Does not have significant value; and

      2.  Is acquired free of charge at a convention, trade show or other public event.

      Sec. 12.  NRS 374.727 is hereby amended to read as follows:

      374.727  In administering the provisions of this chapter, the Department shall, pursuant to NRS 374.190 [,] and section 8 of this act, calculate the amount of tax imposed on the use or other consumption of meals provided by an employer to his employee based on the cost of the specific components of those meals if:

      1.  The meals are furnished on a regular basis on the premises of the employer for the convenience of the employer; and

      2.  The employer does not charge the employees a specific fixed price per meal.

      Sec. 13.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  After deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180 and before carrying out the provisions of NRS 482.181 each month, the Department shall direct the State Controller to transfer to the State General Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month the amounts indicated pursuant to this section.

      2.  Except as otherwise provided in subsection 3, the amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles depreciated in accordance with:

      (a) Subsection 1 of NRS 371.060 based upon an age of:

            (1) One year, is a sum equal to 11 percent of those proceeds;

            (2) Two years, is a sum equal to 12 percent of those proceeds;

            (3) Three years, is a sum equal to 13 percent of those proceeds;

            (4) Four years, is a sum equal to 15 percent of those proceeds;

            (5) Five years, is a sum equal to 18 percent of those proceeds;

            (6) Six years, is a sum equal to 22 percent of those proceeds;

            (7) Seven years, is a sum equal to 29 percent of those proceeds;

            (8) Eight years, is a sum equal to 40 percent of those proceeds; and

            (9) Nine years or more, is a sum equal to 67 percent of those proceeds; and

      (b) Subsection 2 of NRS 371.060 based upon an age of:

            (1) One year, is a sum equal to 12 percent of those proceeds;

            (2) Two years, is a sum equal to 14 percent of those proceeds;

            (3) Three years, is a sum equal to 18 percent of those proceeds;

            (4) Four years, is a sum equal to 21 percent of those proceeds;

            (5) Five years, is a sum equal to 26 percent of those proceeds;

            (6) Six years, is a sum equal to 30 percent of those proceeds;

            (7) Seven years, is a sum equal to 33 percent of those proceeds;

            (8) Eight years, is a sum equal to 37 percent of those proceeds;

            (9) Nine years, is a sum equal to 40 percent of those proceeds; and

            (10) Ten years or more, is a sum equal to 43 percent of those proceeds.

 


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ê2009 Statutes of Nevada, Page 2194 (Chapter 395, SB 429)ê

 

      3.  The amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles to which the minimum amount of that tax applies pursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.

      Sec. 14.  NRS 482.180 is hereby amended to read as follows:

      482.180  1.  The Motor Vehicle Fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 or by a specific statute, all money received or collected by the Department must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

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

      3.  Any check accepted by the Department in payment of the governmental services tax or any other fee required to be collected pursuant to this chapter must, if it is dishonored upon presentation for payment, be charged back against the Motor Vehicle Fund or the county to which the payment was credited pursuant to this section or NRS 482.181, in the proper proportion.

      4.  Except as otherwise provided in subsection 6, all money received or collected by the Department for the basic governmental services tax must be distributed in the manner set forth in NRS 482.181 [.] and section 13 of this act.

      5.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the State Highway Fund or other legislative authorization, upon the presentation of budgets in the manner required by law. Out of the appropriation or authorization, the Department shall pay every item of expense.

      6.  The Department shall withhold 6 percent from the amount of the governmental services tax collected by the Department as a commission. From the amount of the governmental services tax collected by a county assessor, the State Controller shall credit 1 percent to the Department as a commission and remit 5 percent to the county for credit to its general fund as commission for the services of the county assessor. All money withheld by or credited to the Department pursuant to this subsection must be used only for the administration of this chapter as authorized by the Legislature pursuant to subsection 5.

      7.  When the requirements of this section and NRS 482.181 and section 13 of this act have been met, and when directed by the Department, the State Controller shall transfer monthly to the State Highway Fund any balance in the Motor Vehicle Fund.

      8.  If a statute requires that any money in the Motor Vehicle Fund be transferred to another fund or account, the Department shall direct the State Controller to transfer the money in accordance with the statute.

      Sec. 15.  NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State General Fund pursuant to section 13 of this act, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

 


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ê2009 Statutes of Nevada, Page 2195 (Chapter 395, SB 429)ê

 

for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.

      3.  The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

      5.  An amount equal to any basic governmental services tax distributed to a redevelopment agency in the Fiscal Year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

      6.  The Department shall make distributions of the basic governmental services tax directly to county school districts.

      7.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Received or collected for each county” means:

            (1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

 

Carson City........... 1.07 percent          Lincoln................ 3.12 percent

Churchill............... 5.21 percent          Lyon.................... 2.90 percent

Clark.................... 22.54 percent          Mineral................ 2.40 percent

Douglas................. 2.52 percent          Nye...................... 4.09 percent

Elko..................... 13.31 percent          Pershing.............. 7.00 percent

Esmeralda............. 2.52 percent          Storey................... .19 percent

Eureka................... 3.10 percent          Washoe............. 12.24 percent

Humboldt.............. 8.25 percent          White Pine.......... 5.66 percent

Lander................... 3.88 percent

 


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ê2009 Statutes of Nevada, Page 2196 (Chapter 395, SB 429)ê

 

            (2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

      (d) “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 15.5.  NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State [General] Highway Fund pursuant to section 13 of this act, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.

      3.  The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

      5.  An amount equal to any basic governmental services tax distributed to a redevelopment agency in the Fiscal Year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

      6.  The Department shall make distributions of the basic governmental services tax directly to county school districts.

      7.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Received or collected for each county” means:

            (1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

 


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ê2009 Statutes of Nevada, Page 2197 (Chapter 395, SB 429)ê

 

Carson City........... 1.07 percent          Lincoln................ 3.12 percent

Churchill............... 5.21 percent          Lyon.................... 2.90 percent

Clark.................... 22.54 percent          Mineral................ 2.40 percent

Douglas................. 2.52 percent          Nye...................... 4.09 percent

Elko..................... 13.31 percent          Pershing.............. 7.00 percent

Esmeralda............. 2.52 percent          Storey.................... .19 percent

Eureka................... 3.10 percent          Washoe............. 12.24 percent

Humboldt.............. 8.25 percent          White Pine.......... 5.66 percent

Lander................... 3.88 percent

 

            (2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

      (d) “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 16.  NRS 482.260 is hereby amended to read as follows:

      482.260  1.  When registering a vehicle, the Department and its agents or a registered dealer shall:

      (a) Collect the fees for license plates and registration as provided for in this chapter.

      (b) Collect the governmental services tax on the vehicle, as agent for the State and for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.

      (c) Collect the applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      (d) Issue a certificate of registration.

      (e) If the registration is performed by the Department, issue the regular license plate or plates.

      (f) If the registration is performed by a registered dealer, provide information to the owner regarding the manner in which the regular license plate or plates will be made available to him.

      2.  Upon proof of ownership satisfactory to the Director, he shall cause to be issued a certificate of title as provided in this chapter.

      3.  Except as otherwise provided in NRS 371.070, every vehicle being registered for the first time in Nevada must be taxed for the purposes of the governmental services tax for a 12-month period.

      4.  The Department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the Department of Taxation.

      5.  A registered dealer shall forward all fees and taxes collected for the registration of vehicles to the Department.

      Sec. 17.  NRS 482.280 is hereby amended to read as follows:

      482.280  1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The Department shall mail to each holder of a certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the Department in sufficient time to allow all applicants to mail the applications to the Department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations.

 


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ê2009 Statutes of Nevada, Page 2198 (Chapter 395, SB 429)ê

 

before the expiration of their registrations. An applicant may present or submit the application to any agent or office of the Department.

      2.  An application:

      (a) Mailed or presented to the Department or to a county assessor pursuant to the provisions of this section;

      (b) Submitted to the Department pursuant to NRS 482.294; or

      (c) Presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281,

Ê must include, if required, evidence of compliance with standards for the control of emissions.

      3.  The Department shall insert in each application mailed pursuant to subsection 1:

      (a) The amount of the governmental services tax to be collected [for the county] pursuant to the provisions of NRS 482.260.

      (b) The amount set forth in a notice of nonpayment filed with the Department by a local authority pursuant to NRS 484.444.

      (c) A statement which informs the applicant that, pursuant to NRS 485.185, he is legally required to maintain insurance during the period in which the motor vehicle is registered.

      4.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the Department as it may find necessary for the issuance of the new plate or plates or card of registration.

      Sec. 18.  NRS 706.211 is hereby amended to read as follows:

      706.211  All money collected by the Department under the provisions of NRS 706.011 to 706.861, inclusive, must be deposited in the State Treasury for credit to the Motor Vehicle Fund. Except as otherwise provided in this chapter and NRS 482.180 and 482.181, and except for any money transferred to the State General Fund pursuant to section 13 of this act, all money collected under the provisions of NRS 706.011 to 706.861, inclusive, must be used for the construction, maintenance and repair of the public highways of this State.

      Sec. 18.5.  Section 13 of this act is hereby amended to read as follows:

      Sec. 13.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  After deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180 and before carrying out the provisions of NRS 482.181 each month, the Department shall direct the State Controller to transfer to the State [General] Highway Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month the amounts indicated pursuant to this section.

      2.  Except as otherwise provided in subsection 3, the amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles depreciated in accordance with:

 


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ê2009 Statutes of Nevada, Page 2199 (Chapter 395, SB 429)ê

 

      (a) Subsection 1 of NRS 371.060 based upon an age of:

            (1) One year, is a sum equal to 11 percent of those proceeds;

            (2) Two years, is a sum equal to 12 percent of those proceeds;

            (3) Three years, is a sum equal to 13 percent of those proceeds;

            (4) Four years, is a sum equal to 15 percent of those proceeds;

            (5) Five years, is a sum equal to 18 percent of those proceeds;

            (6) Six years, is a sum equal to 22 percent of those proceeds;

            (7) Seven years, is a sum equal to 29 percent of those proceeds;

            (8) Eight years, is a sum equal to 40 percent of those proceeds; and

            (9) Nine years or more, is a sum equal to 67 percent of those proceeds; and

      (b) Subsection 2 of NRS 371.060 based upon an age of:

            (1) One year, is a sum equal to 12 percent of those proceeds;

            (2) Two years, is a sum equal to 14 percent of those proceeds;

            (3) Three years, is a sum equal to 18 percent of those proceeds;

            (4) Four years, is a sum equal to 21 percent of those proceeds;

            (5) Five years, is a sum equal to 26 percent of those proceeds;

            (6) Six years, is a sum equal to 30 percent of those proceeds;

            (7) Seven years, is a sum equal to 33 percent of those proceeds;

            (8) Eight years, is a sum equal to 37 percent of those proceeds;

            (9) Nine years, is a sum equal to 40 percent of those proceeds; and

            (10) Ten years or more, is a sum equal to 43 percent of those proceeds.

      3.  The amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles to which the minimum amount of that tax applies pursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.

      Sec. 19.  The amendatory provisions of:

      1.  Section 3 of this act:

      (a) Do not apply to any taxes due for any period ending on or before June 30, 2009; and

      (b) Except as otherwise provided in paragraph (a) and notwithstanding the expiration of that section by limitation pursuant to section 20 of this act, apply to taxes due pursuant to NRS 363B.110 for each calendar quarter ending on or before June 30, 2011.

      2.  Sections 4, 5, 13, 14, 15, 16, 17 and 18 of this act apply to governmental services taxes imposed for any period of registration of a vehicle that begins on or after September 1, 2009.

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

      2.  Sections 1, 2, 3 and 6 to 12, inclusive, of this act become effective on July 1, 2009, and expire by limitation on June 30, 2011.

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

 


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ê2009 Statutes of Nevada, Page 2200 (Chapter 395, SB 429)ê

 

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

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

      4.  Sections 15.5 and 18.5 of this act become effective on July 1, 2013.

      5.  Section 18 of this act expires by limitation on June 30, 2013.

________

 

CHAPTER 396, SB 312

Senate Bill No. 312–Senator Mathews

 

CHAPTER 396

 

AN ACT relating to motor vehicles; revising provisions governing the verification of motor vehicle liability insurance policies by the Department of Motor Vehicles; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires every owner of a motor vehicle which is registered or required to be registered in this State to continuously provide insurance for the payment of tort liabilities arising from the maintenance or use of the motor vehicle. (NRS 485.185) Existing law also requires the Department of Motor Vehicles to create a system to verify that owners of motor vehicles, other than golf carts and larger motortrucks, truck tractors and buses, maintain the required liability insurance. (NRS 485.130, 485.313) Section 4 of this bill adds provisions: (1) requiring the Department to work in cooperation with insurers to develop the system; (2) requiring that the verification be conducted through the secure transmission and receipt of information necessary to verify that owners of motor vehicles maintain the required liability insurance; (3) authorizing the Department to contract with any person to provide services relating to the system; (4) requiring the Director of the Department to adopt certain regulations; and (5) making the system applicable to certain vehicles that are part of a fleet and all motortrucks, truck tractors and buses.

      If the Department determines that a motor vehicle is not covered by a policy of liability insurance, existing law requires the Department to send a form for verification of liability insurance to the owner of the vehicle. Section 7 of this bill amends the provisions relating to the Department’s process for verifying whether the owner of the vehicle maintains liability insurance. (NRS 485.317)

      Existing law provides that an owner of certain motor vehicles who provides proof of liability insurance provided by an insurance company that is not approved to do business in this State may register the motor vehicle and have 7 calendar days to provide proof of liability by an insurance company that is licensed and approved to do business in this State. (NRS 482.215) Section 2 of this bill removes the provision allowing an owner 7 calendar days to provide proof of liability insurance by an insurance company that is licensed and approved to do business in this State. Existing law further provides that the owner of a fleet of motor vehicles and certain other motor vehicles must provide evidence of liability insurance on a form that is satisfactory to the Department. (NRS 482.215) Section 2 specifies that such liability insurance must be provided by an insurance company licensed and approved to do business in this State. Section 5 of this bill deletes provisions of existing law that prescribe the specific form and content of the records of motor vehicle liability policies which insurers must provide to the Department. (NRS 485.314)

 


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ê2009 Statutes of Nevada, Page 2201 (Chapter 396, SB 312)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 481.063 is hereby amended to read as follows:

      481.063  1.  The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      2.  Except as otherwise provided in subsection 5, the Director may release personal information, except a photograph, from a file or record relating to the driver’s license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.

      3.  Except as otherwise provided in subsection 2, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415, 253.044 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

      (a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

      (b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

      (c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Ê When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

      4.  Except as otherwise provided in subsections 2 and 5, the Director shall not release any personal information from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

      5.  Except as otherwise provided in paragraph (a) and subsection 6, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

      (a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions.

 


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ê2009 Statutes of Nevada, Page 2202 (Chapter 396, SB 312)ê

 

acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

      (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

      (c) In connection with matters relating to:

            (1) The safety of drivers of motor vehicles;

            (2) Safety and thefts of motor vehicles;

            (3) Emissions from motor vehicles;

            (4) Alterations of products related to motor vehicles;

            (5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

            (6) Monitoring the performance of motor vehicles;

            (7) Parts or accessories of motor vehicles;

            (8) Dealers of motor vehicles; or

            (9) Removal of nonowner records from the original records of motor vehicle manufacturers.

      (d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

      (e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

      (f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

      (g) By a private investigator, private patrolman or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

      (h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

      (i) In connection with an investigation conducted pursuant to NRS 253.0415, 253.044 or 253.220.

      (j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

      (k) In the bulk distribution of surveys, marketing material or solicitations, if the Director has adopted policies and procedures to ensure that:

            (1) The information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations;

            (2) Each person about whom the information is requested has clearly been provided with an opportunity to authorize such a use; and

 


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ê2009 Statutes of Nevada, Page 2203 (Chapter 396, SB 312)ê

 

            (3) If the person about whom the information is requested does not authorize such a use, the bulk distribution will not be directed toward that person.

      6.  Except as otherwise provided in paragraph (j) of subsection 5, a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 5. Such a person shall keep and maintain for 5 years a record of:

      (a) Each person to whom the information is provided; and

      (b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

      7.  Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if he reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

      8.  Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the [database] system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that [database.] system.

      9.  The Director shall adopt such regulations as he deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate his ability to request information electronically or by written request if he has submitted to the Department proof of his employment or licensure, as applicable, and a signed and notarized affidavit acknowledging:

      (a) That he has read and fully understands the current laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;

      (b) That he understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

      (c) That he understands that a record will be maintained by the Department of any information he requests; and

      (d) That he understands that a violation of the provisions of this section is a criminal offense.

      10.  It is unlawful for any person to:

      (a) Make a false representation to obtain any information from the files or records of the Department.

      (b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

      11.  As used in this section, “personal information” means information that reveals the identity of a person, including, without limitation, his photograph, social security number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.

 


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ê2009 Statutes of Nevada, Page 2204 (Chapter 396, SB 312)ê

 

      Sec. 2.  NRS 482.215 is hereby amended to read as follows:

      482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

      2.  Except as otherwise provided in NRS 482.294, applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the Department or to a registered dealer.

      3.  Each application must be made upon the appropriate form furnished by the Department and contain:

      (a) The signature of the owner, except as otherwise provided in subsection 2 of NRS 482.294, if applicable.

      (b) His residential address.

      (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The Department shall use this declaration to determine the county to which the governmental services tax is to be paid.

      (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the vehicle.

      (e) Except as otherwise provided in this paragraph, if the applicant is not an owner of a fleet of vehicles or a person described in subsection 5:

            (1) Proof satisfactory to the Department or registered dealer that the applicant carries insurance on the vehicle [, and if the insurance is not] provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185 ; [, the applicant must meet the requirements of NRS 485.185 within 7 calendar days;] and

            (2) A declaration signed by the applicant that he will maintain the insurance required by NRS 485.185 during the period of registration. If the application is submitted by electronic means pursuant to NRS 482.294, the applicant is not required to sign the declaration required by this paragraph.

      (f) If the applicant is an owner of a fleet of vehicles or a person described in subsection 5, evidence of insurance [:] provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185:

            (1) In the form of a certificate of insurance on a form approved by the Commissioner of Insurance;

            (2) In the form of a card issued pursuant to NRS 690B.023 which identifies the vehicle ; [and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185;] or

            (3) In another form satisfactory to the Department.

Ê The Department may file that evidence, return it to the applicant or otherwise dispose of it.

      (g) If required, evidence of the applicant’s compliance with controls over emission.

      4.  The application must contain such other information as is required by the Department or registered dealer and must be accompanied by proof of ownership satisfactory to the Department.

 


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ê2009 Statutes of Nevada, Page 2205 (Chapter 396, SB 312)ê

 

      5.  For purposes of the evidence required by paragraph (f) of subsection 3:

      (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this State, may be declared as a fleet by the registered owner thereof on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

      (b) Other fleets composed of 10 or more vehicles based in this State or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.

      (d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.

      Sec. 3.  NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the Department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.

      2.  Except as otherwise provided in subsection 3:

      (a) For each of the fifth and sixth such cars registered to a person, a fee for registration of $16.50.

      (b) For each of the seventh and eighth such cars registered to a person, a fee for registration of $12.

      (c) For each of the ninth or more such cars registered to a person, a fee for registration of $8.

      3.  The fees specified in subsection 2 do not apply:

      (a) Unless the person registering the cars presents to the Department at the time of registration the registrations of all [of] the cars registered to him.

      (b) To cars that are part of a fleet.

      4.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the State Highway Fund for credit to the Account for the Program for the Education of Motorcycle Riders.

      5.  For each transfer of registration, a fee of $6 in addition to any other fees.

      6.  Except as otherwise provided in subsection [9] 7 of NRS 485.317, to reinstate the registration of a motor vehicle that is suspended pursuant to that section:

      (a) A fee of $250 for a registered owner who failed to have insurance on the date specified [in the form for verification that was mailed] by the Department ; [pursuant to subsection 3 of NRS 485.317;] or

      (b) A fee of $50 for a registered owner of a dormant vehicle who cancelled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first cancelling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,

 


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ê2009 Statutes of Nevada, Page 2206 (Chapter 396, SB 312)ê

 

coverage for that vehicle to expire without first cancelling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,

Ê both of which must be deposited in the Account for Verification of Insurance which is hereby created in the State Highway Fund. The money in the Account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

      7.  For every travel trailer, a fee for registration of $27.

      8.  For every permit for the operation of a golf cart, an annual fee of $10.

      9.  For every low-speed vehicle, as that term is defined in NRS 484.527, a fee for registration of $33.

      10.  To reinstate the registration of a motor vehicle that is suspended pursuant to NRS 482.451, a fee of $33.

      Sec. 4.  NRS 485.313 is hereby amended to read as follows:

      485.313  1.  The Department [shall] :

      (a) Shall, in cooperation with insurers, create a system for verifying through the secure transmission and receipt of information that the owners of motor vehicles maintain the insurance required by NRS 485.185 [.] ; and

      (b) May enter into a contract with any person to provide services relating to the system.

      2.  The Director shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations for verifying that registered owners described in paragraph (b) of subsection 5 of NRS 482.215 maintain the insurance required by NRS 485.185.

      3.  As used in this section, “motor vehicle” [does] :

      (a) Does not include [:

      (a) A] a golf cart as that term is defined in NRS 482.044.

      (b) Includes, without limitation:

            (1) A motortruck, truck tractor, bus or other vehicle that is registered pursuant to paragraph (c) of subsection 1 of NRS 482.482 or NRS 706.801 to 706.861, inclusive.

            (2) A vehicle that is registered as part of a fleet of vehicles and described in paragraph (b) of subsection 5 of NRS 482.215.

      Sec. 5.  NRS 485.314 is hereby amended to read as follows:

      485.314  1.  [On or before the 15th calendar day of each month, each] Each insurer that has executed a contract of insurance for a motor vehicle liability policy which may be used to meet the requirements of NRS 485.185 shall [provide the Department with] maintain a record of each such policy [issued, amended or terminated in the previous month on the date the record is provided. The record must include:

      (a) The name or identification number of each insured named in the policy of insurance;

      (b) The make, year and vehicle identification number of each motor vehicle included in the policy of insurance;

      (c) The number, effective date and expiration date of the policy of insurance; and

      (d) Any other information required by the Department.

      2.  The record provided pursuant to subsection 1 must be submitted] in a [form] format approved by the Department and [may include, without limitation, magnetic tape or any other electronic medium deemed acceptable by the Department.

      3.] provide the Department with access to the record.

 


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ê2009 Statutes of Nevada, Page 2207 (Chapter 396, SB 312)ê

 

      2.  The Department shall notify the Commissioner of Insurance if an insurer:

      (a) Fails to comply with subsection 1 ; [or 2;] or

      (b) In complying with subsection 1, [or 2,] provides to the Department information that is false, incomplete or misleading.

      Sec. 6.  NRS 485.316 is hereby amended to read as follows:

      485.316  1.  Except as otherwise provided in [subsections] subsection 2 [and 3] and NRS 239.0115, information which is maintained in the [database] system created pursuant to NRS 485.313 is confidential.

      2.  The Department may only disclose information which is maintained in the [database, upon request, to a] system to:

      (a) A state or local governmental agency for the purpose of enforcing NRS 485.185, including investigating or litigating a violation or alleged violation [.

      3.  The Department may only disclose information retrieved from the database to:

      (a)] ;

      (b) An authorized insurer;

      (c) A person:

            (1) With whom the Department has contracted to provide services relating to the system created pursuant to NRS 485.313; and

            (2) To whom the information is disclosed only pursuant to a nondisclosure or confidentiality agreement which relates to the information;

      (d) A person who requests information regarding his own status;

      [(b)] (e) The parent or legal guardian of the person about whom the information is requested if the person is an unemancipated minor or legally incapacitated;

      [(c)] (f) A person who has a power of attorney from the person about whom the information is requested;

      [(d)] (g) A person who submits a notarized release from the person about whom the information is requested which is dated no more than 90 days before the date of the request; or

      [(e)] (h) A person who has suffered a loss or injury in an accident involving a motor vehicle, or his authorized insurer or a representative of his authorized insurer, who requests:

            (1) Information for use in the accident report; and

            (2) For each motor vehicle involved in the accident:

                  (I) The name and address of each registered owner;

                  (II) The name of the insurer; and

                  (III) The number of the policy of liability insurance.

      [4.] 3.  A person who knowingly violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      [5.] 4.  As used in this section, “authorized insurer” has the meaning ascribed to it in NRS 679A.030.

      Sec. 7.  NRS 485.317 is hereby amended to read as follows:

      485.317  1.  [Subject to the limitations set forth in this subsection and subsection 2, the] The Department shall [, at least monthly, compare the current registrations of motor vehicles to the information in the database created pursuant to NRS 485.313 to] verify that each motor vehicle [:

 


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ê2009 Statutes of Nevada, Page 2208 (Chapter 396, SB 312)ê

 

      (a) Which is newly] which is registered in this State [; or

      (b) For which a policy of liability insurance has been issued, amended or terminated,

Ê] is covered by a policy of liability insurance as required by NRS 485.185. [In identifying a motor vehicle for verification pursuant to this subsection, the Department may, if the motor vehicle was manufactured during or after 1981, use only the last eight digits of the vehicle identification number. In comparing the vehicle identification number of a motor vehicle to the vehicle identification number in a policy of liability insurance, to determine if the two vehicle identification numbers match, the Department may find that the two vehicle identification numbers match if no fewer than seven of the last eight digits of the two vehicle identification numbers match.]

      2.  Except as otherwise provided in this subsection, the Department may use any information to verify [, pursuant to subsection 1,] whether [the] a motor vehicle is covered by a policy of liability insurance as required by NRS 485.185. The Department may not use the name of the owner of a motor vehicle as the primary means of verifying that a motor vehicle is covered by a policy of liability insurance.

      3.  If [, pursuant to subsection 1,] the Department [determines] is unable to verify that a motor vehicle is [not] covered by a policy of liability insurance as required by NRS 485.185, the Department shall send a [form for verification] request for information by first-class mail to [each] the registered owner [that it determines has not maintained the insurance required by NRS 485.185.] of the motor vehicle. The owner shall [complete the form with] submit all the information which is requested [by] to the Department [, including whether he carries an owner’s or operator’s policy of liability insurance or a certificate of self-insurance, and return the completed form] within [20] 15 days after the date on which the [form] request for information was mailed by the Department. If the Department does not receive the [completed form] requested information within [20] 15 days after it mailed the [form] request to the owner, the Department shall send to the owner a notice of suspension of registration by certified mail. The notice must inform the owner that unless [he submits a completed form to] the Department is able to verify that the motor vehicle is covered by a policy of liability insurance as required by NRS 485.185 within [15] 10 days after the date on which the notice was sent by the Department , his registration will be suspended pursuant to subsection [5. This subsection does not prohibit an authorized agent of the owner from providing to the Department:

      (a) The information requested by the Department pursuant to this subsection.

      (b) Additional information to amend or correct information already submitted to the Department pursuant to this subsection.

      4.  When the Department receives a completed form for verification, it shall verify the information on the form.

      5.] 4.

      4.  The Department shall suspend the registration and require the return to the Department of the license plates of any vehicle for which the [form for verification set forth in subsection 3 is:

      (a) Not returned to the Department by the registered owner or his authorized agent within the period specified in that subsection;

 


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ê2009 Statutes of Nevada, Page 2209 (Chapter 396, SB 312)ê

 

      (b) Returned to the Department by the registered owner or his authorized agent and the Department is not able to verify the information on the form; or

      (c) Returned by the registered owner or his authorized agent with an admission of having no insurance or without indicating an insurer or the number of a motor vehicle liability policy or a certificate of self-insurance.

      6.  If the Department suspends a registration pursuant to subsection 5 because:

      (a) Neither the owner nor his authorized agent returned a form for verification within the specified period or the owner or his authorized agent returned a form for verification that was not completed sufficiently, and the owner or his authorized agent, thereafter:

            (1) Proves to the satisfaction of the Department that there was a justifiable cause for his failure to do so;

            (2) Submits a completed form regarding his insurance on the date stated in the form mailed by the Department pursuant to subsection 3; and

            (3) Presents evidence of current insurance; or

      (b) The owner or his authorized agent submitted to the Department a form for verification containing information that the Department was unable to verify and, thereafter, the owner or his authorized agent presents to the Department:

            (1) A corrected form or otherwise verifiable evidence setting forth that the owner possessed insurance on the date stated in the form; and

            (2) Evidence of current insurance,

Ê the Department shall rescind its suspension of the registration if it is able to verify the information on the form or the other evidence presented. The Department shall not charge a fee to reinstate a registration, the suspension of which was rescinded pursuant to this subsection. For the purposes of this subsection, “justifiable cause” may include, but is not limited to, the fact that the owner did not receive the form mailed by the Department pursuant to subsection 3.

      7.  Except as otherwise provided in subsections 8 and 9, if a registered owner whose registration is suspended pursuant to subsection 5, failed to have insurance on the date specified in the form for verification,] Department cannot verify the coverage of liability insurance required by NRS 485.185.

      5.  Except as otherwise provided in subsection 6, the Department shall reinstate the registration of the vehicle and reissue the license plates only upon [filing by the registered owner of evidence] verification of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.

      [8.] 6.  If a registered owner proves to the satisfaction of the Department that his vehicle was a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle, the Department shall reinstate his registration and, if applicable, reissue his license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the Department shall not reinstate his registration or reissue his license plates unless the owner pays the fee set forth in paragraph (b) of subsection 6 of NRS 482.480.

 


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ê2009 Statutes of Nevada, Page 2210 (Chapter 396, SB 312)ê

 

      [9.] 7.  If the Department suspends the registration of a motor vehicle pursuant to subsection [5] 4 because the registered owner of the motor vehicle failed to have insurance on the date specified in the form for verification, and if the registered owner, in accordance with regulations adopted by the Department, proves to the satisfaction of the Department that he was unable to comply with the provisions of NRS 485.185 on that date because of extenuating circumstances, the Department may:

      (a) Reinstate the registration of the motor vehicle and reissue the license plates upon payment by the registered owner of a fee of $50, which must be deposited in the Account for Verification of Insurance created by subsection 6 of NRS 482.480; or

      (b) Rescind the suspension of the registration without the payment of a fee.

Ê The Department shall adopt regulations to carry out the provisions of this subsection.

      [10.  For the purposes of verification of insurance by the Department pursuant to this section, a motor vehicle shall be deemed to be covered by liability insurance unless the motor vehicle is without coverage for a period of more than 7 days.]

      Sec. 8.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On February 1, 2010, for all other purposes.

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ê2009 Statutes of Nevada, Page 2211ê

 

CHAPTER 397, AB 207

Assembly Bill No. 207–Assemblyman Carpenter

 

CHAPTER 397

 

AN ACT relating to common-interest communities; revising certain requirements for limited-purpose associations that are created for a rural agricultural residential common-interest communities; providing that such a limited-purpose association is a public body for purposes of the Open Meeting Law; providing that a study of the reserves of an association may be conducted by a person without a permit under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, a limited-purpose association that is created for a rural agricultural residential common-interest community must comply with certain requirements set forth in chapter 116 of NRS. Section 1 of this bill exempts such a limited-purpose association from the requirement to: (1) pay a fee to the Real Estate Administrator for each unit in the association as required pursuant to NRS 116.31155, except that the association must pay the fees if it intends to use the services of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels; (2) comply with certain rules for meetings of the executive board; and (3) conduct a study every 5 years of the reserves required to repair, replace and restore the major components of the common elements of the community, and take certain actions concerning the study. (NRS 116.1201, 116.31083, 116.31152, 116.31155)

      Existing law requires each limited-purpose association that is created for a rural agricultural residential common-interest community to comply with chapter 241 of NRS, which is commonly referred to as the Open Meeting Law. (NRS 116.31075) Section 2 of this bill amends the definition of “public body” for purposes of the Open Meeting Law to include a limited-purpose association that is created for a rural agricultural residential common-interest community. (NRS 241.015) Thus, such a limited-purpose association will be subject to enforcement action by the Attorney General if the association violates the Open Meeting Law. (NRS 241.037)

      Existing law provides that at least once every 5 years, the executive board of an association shall cause a study of the reserves of the association required to repair, replace and restore the major components of the association to be conducted by a person who holds a permit to conduct such a study. (NRS 116.31152) Sections 1.3 and 1.7 of this bill provide that if the common-interest community contains 20 or fewer units and is located in a county with a population of 50,000 or less (currently counties other than Carson City, Clark and Washoe Counties), the study may be conducted by any person whom the executive board deems qualified to conduct the study.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 116.1201 is hereby amended to read as follows:

      116.1201  1.  Except as otherwise provided in this section and NRS 116.1203, this chapter applies to all common-interest communities created within this State.

      2.  This chapter does not apply to:

      (a) A limited-purpose association, except that a limited-purpose association:

 


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ê2009 Statutes of Nevada, Page 2212 (Chapter 397, AB 207)ê

 

            (1) Shall pay the fees required pursuant to NRS 116.31155 [;] , except that if the limited-purpose association is created for a rural agricultural residential common-interest community, the limited-purpose association is not required to pay the fee unless the association intends to use the services of the Ombudsman;

            (2) Shall register with the Ombudsman pursuant to NRS 116.31158;

            (3) Shall comply with the provisions of:

                  (I) NRS 116.31038 [,] ;

                  (II) NRS 116.31083 and 116.31152 [;] , unless the limited-purpose association is created for a rural agricultural residential common-interest community; and

                  [(II)] (III) NRS 116.31075, if the limited-purpose association is created for a rural agricultural residential common-interest community;

            (4) Shall comply with the provisions of NRS 116.4101 to 116.412, inclusive, as required by the regulations adopted by the Commission pursuant to paragraph (b) of subsection 5; and

            (5) Shall not enforce any restrictions concerning the use of units by the units’ owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.

      (b) A planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that this chapter does apply to that planned community. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted only if the declaration so provides or if the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes.

      (c) Common-interest communities or units located outside of this State, but the provisions of NRS 116.4102 to 116.4108, inclusive, apply to all contracts for the disposition thereof signed in this State by any party unless exempt under subsection 2 of NRS 116.4101.

      (d) A common-interest community that was created before January 1, 1992, is located in a county whose population is less than 50,000, and has less than 50 percent of the units within the community put to residential use, unless a majority of the units’ owners otherwise elect in writing.

      (e) Except as otherwise provided in this chapter, time shares governed by the provisions of chapter 119A of NRS.

      3.  The provisions of this chapter do not:

      (a) Prohibit a common-interest community created before January 1, 1992, from providing for separate classes of voting for the units’ owners;

      (b) Require a common-interest community created before January 1, 1992, to comply with the provisions of NRS 116.2101 to 116.2122, inclusive;

      (c) Invalidate any assessments that were imposed on or before October 1, 1999, by a common-interest community created before January 1, 1992; or

      (d) Prohibit a common-interest community created before January 1, 1992, or a common-interest community described in NRS 116.31105 from providing for a representative form of government.

      4.  The provisions of chapters 117 and 278A of NRS do not apply to common-interest communities.

 


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ê2009 Statutes of Nevada, Page 2213 (Chapter 397, AB 207)ê

 

      5.  The Commission shall establish, by regulation:

      (a) The criteria for determining whether an association, a limited-purpose association or a common-interest community satisfies the requirements for an exemption or limited exemption from any provision of this chapter; and

      (b) The extent to which a limited-purpose association must comply with the provisions of NRS 116.4101 to 116.412, inclusive.

      6.  As used in this section, “limited-purpose association” means an association that:

      (a) Is created for the limited purpose of maintaining:

            (1) The landscape of the common elements of a common-interest community;

            (2) Facilities for flood control; or

            (3) A rural agricultural residential common-interest community; and

      (b) Is not authorized by its governing documents to enforce any restrictions concerning the use of units by units’ owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.

      Sec. 1.3.  NRS 116.31152 is hereby amended to read as follows:

      116.31152  1.  The executive board shall:

      (a) At least once every 5 years, cause to be conducted a study of the reserves required to repair, replace and restore the major components of the common elements;

      (b) At least annually, review the results of that study to determine whether those reserves are sufficient; and

      (c) At least annually, make any adjustments to the association’s funding plan which the executive board deems necessary to provide adequate funding for the required reserves.

      2.  [The] Except as otherwise provided in this subsection, the study of the reserves required by subsection 1 must be conducted by a person who holds a permit issued pursuant to chapter 116A of NRS. If the common-interest community contains 20 or fewer units and is located in a county whose population is 50,000 or less, the study of the reserves required by subsection 1 may be conducted by any person whom the executive board deems qualified to conduct the study.

      3.  The study of the reserves must include, without limitation:

      (a) A summary of an inspection of the major components of the common elements that the association is obligated to repair, replace or restore;

      (b) An identification of the major components of the common elements that the association is obligated to repair, replace or restore which have a remaining useful life of less than 30 years;

      (c) An estimate of the remaining useful life of each major component of the common elements identified pursuant to paragraph (b);

      (d) An estimate of the cost of repair, replacement or restoration of each major component of the common elements identified pursuant to paragraph (b) during and at the end of its useful life; and

      (e) An estimate of the total annual assessment that may be necessary to cover the cost of repairing, replacement or restoration of the major components of the common elements identified pursuant to paragraph (b), after subtracting the reserves of the association as of the date of the study, and an estimate of the funding plan that may be necessary to provide adequate funding for the required reserves.

 


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ê2009 Statutes of Nevada, Page 2214 (Chapter 397, AB 207)ê

 

      4.  A summary of the study of the reserves required by subsection 1 must be submitted to the Division not later than 45 days after the date that the executive board adopts the results of the study.

      5.  If a common-interest community was developed as part of a planned unit development pursuant to chapter 278A of NRS and is subject to an agreement with a city or county to receive credit against the amount of the residential construction tax that is imposed pursuant to NRS 278.4983 and 278.4985, the association that is organized for the common-interest community may use the money from that credit for the repair, replacement or restoration of park facilities and related improvements if:

      (a) The park facilities and related improvements are identified as major components of the common elements of the association; and

      (b) The association is obligated to repair, replace or restore the park facilities and related improvements in accordance with the study of the reserves required by subsection 1.

      Sec. 1.7.  NRS 116A.420 is hereby amended to read as follows:

      116A.420  1.  Except as otherwise provided in this section [,] and subsection 2 of NRS 116.31152, a person shall not act as a reserve study specialist unless the person holds a permit.

      2.  The Commission shall by regulation provide for the standards of practice for reserve study specialists who hold permits.

      3.  The Division may investigate any reserve study specialist who holds a permit to ensure that the reserve study specialist is complying with the provisions of this chapter and chapters 116 and 116B of NRS and the standards of practice adopted by the Commission.

      4.  In addition to any other remedy or penalty, if the Commission or a hearing panel, after notice and hearing, finds that a reserve study specialist who holds a permit has violated any provision of this chapter or chapter 116 or 116B of NRS or any of the standards of practice adopted by the Commission, the Commission or the hearing panel may take appropriate disciplinary action against the reserve study specialist.

      5.  In addition to any other remedy or penalty, the Commission may:

      (a) Refuse to issue a permit to a person who has failed to pay money which the person owes to the Commission or the Division.

      (b) Suspend, revoke or refuse to renew the permit of a person who has failed to pay money which the person owes to the Commission or the Division.

      6.  The provisions of this section do not apply to a member of an executive board or an officer of an association who is acting solely within the scope of his duties as a member of the executive board or an officer of the association.

      Sec. 2.  NRS 241.015 is hereby amended to read as follows:

      241.015  As used in this chapter, unless the context otherwise requires:

      1.  “Action” means:

      (a) A decision made by a majority of the members present during a meeting of a public body;

      (b) A commitment or promise made by a majority of the members present during a meeting of a public body;

      (c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present during a meeting of the public body; or

 


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ê2009 Statutes of Nevada, Page 2215 (Chapter 397, AB 207)ê

 

      (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.

      2.  “Meeting”:

      (a) Except as otherwise provided in paragraph (b), means:

            (1) The gathering of members of a public body at which a quorum is present to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

            (2) Any series of gatherings of members of a public body at which:

                  (I) Less than a quorum is present at any individual gathering;

                  (II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and

                  (III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.

      (b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present:

            (1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

            (2) To receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.

      3.  Except as otherwise provided in this subsection, “public body” means [any] :

      (a) Any administrative, advisory, executive or legislative body of the State or a local government which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405 [.] ; and

      (b) A limited-purpose association that is created for a rural agricultural residential common-interest community as defined in subsection 6 of NRS 116.1201.

Ê “Public body” does not include the Legislature of the State of Nevada.

      4.  “Quorum” means a simple majority of the constituent membership of a public body or another proportion established by law.

      Sec. 3.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 2216ê

 

CHAPTER 398, AB 92

Assembly Bill No. 92–Committee on Ways and Means

 

CHAPTER 398

 

AN ACT relating to the judiciary; revising the provisions governing the benefits of a retired justice or judge; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

Legislative Counsel’s Digest:

      Section 2 of this bill allows a retired justice or judge who accepts employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System to qualify to receive allowances under the Judicial Retirement Plan for the duration of his active service if he is at least 60 years of age at the time of his reemployment and he accepts the employment at least 6 months after the effective date of his retirement. Section 3 of this bill prohibits a retired justice or judge who accepts employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System from enrolling in the Judicial Retirement Plan. Sections 5-8 of this bill provide that a retired justice or judge who is reemployed and commissioned as a senior justice, senior judge, senior justice of the peace or senior municipal court judge is entitled to receive a retirement allowance in addition to compensation for his service and is entitled to receive additional service credit for actual time served if he reenrolled in a retirement plan.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 1A.360 is hereby amended to read as follows:

      1A.360  1.  Except as otherwise provided in subsection 4 and NRS 1A.370, if a retired justice or judge accepts employment as a justice of the Supreme Court, district judge, justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System, he is disqualified from receiving any allowances under the Judicial Retirement Plan for the duration of his active service.

      2.  If a retired justice or judge accepts any employment other than that described in subsection 1, the justice or judge is entitled to the same allowances as a retired justice or judge who has no employment.

      3.  If a retired justice or judge who accepts employment as a justice of the Supreme Court, district judge, justice of the peace or municipal judge in a judicial capacity pursuant to this section elects not to reenroll in the Judicial Retirement Plan pursuant to subsection 1 of NRS 1A.370, the Court Administrator if the retired justice or judge is a justice of the Supreme Court or a district judge, the county if the retired justice or judge is a justice of the peace or the city if the retired justice or judge is a municipal judge, may pay contributions on behalf of the retired justice or judge to a retirement fund which is not a part of the Judicial Retirement Plan in an amount not to exceed the amount of the contributions that the Court Administrator, county or city would pay to the System on behalf of a participating justice or judge who is employed in a similar position.

 


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ê2009 Statutes of Nevada, Page 2217 (Chapter 398, AB 92)ê

 

      4.  [The System may waive, for one period of 30 days or less, a retired justice of the Supreme Court’s or district judge’s disqualification under this section if the Chief Justice of the Supreme Court certifies in writing, in advance, that the retired justice of the Supreme Court or district judge is recalled to meet an emergency and that no other qualified person is immediately available. The System may waive, for one period of 30 days or less, a retired justice of the peace’s disqualification under this section if the board of county commissioners of the jurisdiction in which the justice of the peace is to be assigned certifies in writing, in advance, that the retired justice of the peace is recalled to meet an emergency and that no other qualified person is immediately available. The System may waive, for one period of 30 days or less, a retired municipal judge’s disqualification under this section if the city council of the jurisdiction in which the municipal judge is to be assigned certifies in writing, in advance, that the retired municipal judge is recalled to meet an emergency and that no other qualified person is immediately available.] The provisions of subsection 1 do not apply to a retired justice or judge who accepts employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System if he is at least 60 years of age at the time of his reemployment and he accepts the employment at least 6 months after the effective date of his retirement pursuant to subsection 2 of NRS 1A.130.

      Sec. 3.  NRS 1A.370 is hereby amended to read as follows:

      1A.370  1.  A retired justice or judge who accepts employment as a justice of the Supreme Court, district judge, justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System, may enroll in the Judicial Retirement Plan as of the effective date of that employment [.] unless he is reemployed pursuant to subsection 4 of NRS 1A.360. As of the date of enrollment:

      (a) He forfeits all retirement allowances for the duration of that employment; and

      (b) Except as otherwise required as a result of NRS 1A.400 or 1A.410, if the duration of the employment is at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. If the duration of the employment is:

            (1) Less than 5 years, the additional allowance must be added to his original allowance and must be under the same option and designate the same beneficiary as the original allowance; or

            (2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with NRS 1A.430.

      2.  The original service retirement allowance of such a retired justice or judge must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limits imposed by:

      (a) NRS 1A.440; and

      (b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415.

      3.  Except as otherwise required as a result of NRS 1A.400 or 1A.410, a retired justice or judge who has been receiving a retirement allowance pursuant to the Judicial Retirement Plan and who is reemployed and is enrolled in the Plan for at least 5 years may have his additional credit for service added to his previous credit for service.

 


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ê2009 Statutes of Nevada, Page 2218 (Chapter 398, AB 92)ê

 

enrolled in the Plan for at least 5 years may have his additional credit for service added to his previous credit for service. This additional credit for service must not apply to more than one period of employment after the original retirement.

      4.  The survivor of a deceased member of the Judicial Retirement Plan who had previously retired and was reemployed and enrolled in the Plan, who qualifies for benefits pursuant to NRS 1A.340 and 1A.530 to 1A.670, inclusive, is eligible for the benefits based on the service accrued through the second period of employment.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 2.060 is hereby amended to read as follows:

      2.060  1.  Any justice of the Supreme Court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any justice of the Supreme Court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any justice of the Supreme Court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

      5.  Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.

      7.  Any justice who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the Supreme Court.

 


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ê2009 Statutes of Nevada, Page 2219 (Chapter 398, AB 92)ê

 

      8.  Any justice who has retired and is thereafter recalled to additional active service in the court system as a senior justice is entitled to receive a retirement allowance during the period of reemployment in addition to compensation for services.

      9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his service pursuant to it.

      [9.] 10.  As used in this section, “salary” includes a salary received for service on a Supreme Court commission created by statute.

      Sec. 6.  NRS 2.060 is hereby amended to read as follows:

      2.060  1.  Any justice of the Supreme Court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any justice of the Supreme Court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any justice of the Supreme Court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

      5.  Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.

      7.  Any justice who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the Supreme Court.

      8.  Any justice who has retired and is thereafter recalled to additional active service in the court system as a senior justice is entitled to receive a retirement allowance during the period of reemployment in addition to compensation for services.

 


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ê2009 Statutes of Nevada, Page 2220 (Chapter 398, AB 92)ê

 

      9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his service pursuant to it.

      Sec. 7.  NRS 3.090 is hereby amended to read as follows:

      3.090  1.  Any judge of the district court who has served as a justice of the Supreme Court or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any judge of the district court who has served as a justice of the Supreme Court or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

      5.  Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired in the Public Employees’ Retirement System.

      7.  Any judge of the district court who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the Supreme Court.

      8.  Any judge who has retired and is thereafter recalled to additional active service in the court system as a senior judge, senior justice of the peace or senior municipal court judge is entitled to receive a retirement allowance during the period of reemployment in addition to compensation for services.

      9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have ended his service pursuant to it.

      [9.] 10.  As used in this section, “salary” includes a salary received for service on a District Court Commission created by statute.

 


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ê2009 Statutes of Nevada, Page 2221 (Chapter 398, AB 92)ê

 

      Sec. 8.  NRS 3.090 is hereby amended to read as follows:

      3.090  1.  Any judge of the district court who has served as a justice of the Supreme Court or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any judge of the district court who has served as a justice of the Supreme Court or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

      5.  Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired in the Public Employees’ Retirement System.

      7.  Any judge of the district court who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the Supreme Court.

      8.  Any judge who has retired and is thereafter recalled to additional active service in the court system as a senior judge, senior justice of the peace or senior municipal court judge is entitled to receive a retirement allowance during the period of reemployment in addition to compensation for services.

      9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have ended his service pursuant to it.

      Secs. 9 and 10.  (Deleted by amendment.)

      Sec. 10.5.  The Public Employees’ Retirement Board shall conduct an experience study of the Judicial Retirement System of the reemployment of retired justices or judges by the Nevada Court System pursuant to section 2 of this act for the period between July 1, 2009, and June 30, 2014.

 


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ê2009 Statutes of Nevada, Page 2222 (Chapter 398, AB 92)ê

 

of this act for the period between July 1, 2009, and June 30, 2014. The Public Employees’ Retirement Board shall submit a report of the study to the Interim Retirement and Benefits Committee of the Legislature on or before December 31, 2014.

      Sec. 11.  This act becomes effective on July 1, 2009, and expires by limitation on June 30, 2015.

________

 

CHAPTER 399, AB 478

Assembly Bill No. 478–Committee on Government Affairs

 

CHAPTER 399

 

AN ACT relating to governmental administration; revising provisions relating to certain housing authorities; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

Legislative Counsel’s Digest:

      Existing law sets forth the Housing Authorities Law of 1947. (NRS 315.140-315.780) In relevant part, under the provisions of this Law, each county, city and town of the State has a housing authority which is a municipal corporation and which is presided over by five commissioners. (NRS 315.320, 315.370) The housing authorities governed by this Law exist primarily to ensure that veterans and persons of low income are able to find safe and sanitary housing at affordable prices. (NRS 315.330, 315.340, 315.440, 315.460, 315.510)

      This bill, in a county whose population is 400,000 or more (currently Clark County), allows two or more (housing) authorities to form a regional (housing) authority. Such a regional authority is created by a resolution agreed to between or among, as applicable, the governing bodies of the local governments that desire to participate in the regional authority. A regional authority has the same powers and duties as a regular authority, except on an expanded geographic scale. Upon the formation of a regional authority, the individual authorities of the county and the cities participating in the regional authority must begin the process of dissolution.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 315 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  “Regional authority” means an authority formed pursuant to section 3 of this act.

      Sec. 3.  1.  In a county whose population is 400,000 or more, any two or more authorities may form a regional authority.

      2.  To form a regional authority as described in subsection 1, the governing body of the county and the governing body of each city and town located within the county that desires to participate in the regional authority shall adopt a resolution setting forth:

      (a) The intent to regionalize some or all of their powers;

      (b) A reference to the development of a plan for transitioning to a regional authority;

      (c) The geographic scope of the regional authority; and

 


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ê2009 Statutes of Nevada, Page 2223 (Chapter 399, AB 478)ê

 

      (d) Such other matters as the governing bodies determine to be necessary or advisable.

      3.  If the formation of a regional authority pursuant to this section involves fiscal matters, the ownership of real property or the consolidation of functions, the governing bodies who form the regional authority shall, in consultation with the United States Department of Housing and Urban Development, resolve such matters by written contract, agreement or other arrangement entered into by those governing bodies.

      Sec. 3.5.  Upon the adoption of a resolution pursuant to section 3 of this act forming a regional authority, the dissolution of any individual authorities of the local governments who form the regional authority must be begun.

      Sec. 4.  1.  Upon the adoption of a resolution pursuant to section 3 of this act forming a regional authority, nine persons must be appointed to serve as commissioners of the authority as follows:

      (a) The governing body of the county shall appoint two persons to serve as commissioners of the authority;

      (b) The governing body of the largest city in the county shall appoint two persons to serve as commissioners of the authority;

      (c) The governing body of the second largest city in the county shall appoint two persons to serve as commissioners of the authority;

      (d) The governing body of the third largest city in the county shall appoint two persons to serve as commissioners of the authority; and

      (e) One commissioner who serves on behalf of tenants must be selected as described in subsection 3.

Ê None of the persons appointed to serve as commissioners of the authority may be elected officials of any governmental entity.

      2.  Six of the commissioners who are first appointed pursuant to subsection 1 must be designated to serve for terms of 1, 2 and 3 years, respectively, from the date of their appointment, and three must be designated to serve for terms of 4 years from the date of their appointment, but thereafter commissioners must be appointed for a term of office of 4 years. The persons appointed initially to serve as commissioners pursuant to subsection 1 shall determine by lot whether they are designated pursuant to this subsection to serve for a term of 1 year, 2 years, 3 years or 4 years.

      3.  The commissioner who serves on behalf of tenants must be a current recipient of assistance from the authority who was selected from a list of at least five eligible nominees submitted for this purpose by an organization which represents tenants of housing projects. If no such organization exists, the commissioner must be selected from a list of nominees submitted for this purpose from persons who currently receive assistance from the authority. Thereafter, at least one commissioner must be such a recipient who was nominated and appointed in the same manner. If, during his term, the commissioner ceases to be a recipient of assistance, he must be replaced in the manner set forth in this subsection by a person who is a recipient of assistance.

      4.  In making the appointments described in subsection 1, the relevant local governments shall seek recommendations for appointment from a diverse background of interests with a view toward:

      (a) Balancing gender and ethnicity; and

      (b) Soliciting appointees who have experience in fields such as, without limitation:

 


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ê2009 Statutes of Nevada, Page 2224 (Chapter 399, AB 478)ê

 

            (1) Real estate;

            (2) Financial planning;

            (3) Legal aid;

            (4) Education;

            (5) Public safety;

            (6) The provision of public services; and

            (7) The assistance of persons of low income.

      5.  All vacancies must be filled for the unexpired term.

      Sec. 5.  A regional authority may, in addition to exercising the powers set forth in NRS 315.440 and 315.460 and any other relevant provisions of this chapter:

      1.  Jointly, or with another authority, exercise any powers, privileges and rights that are exercised or capable of being exercised by a local housing agency of this State; and

      2.  Exercise such other powers as the governing bodies of the local governments that formed the regional authority may agree upon.

      Sec. 6.  A regional authority may not request a reservation or nomination of land from the Bureau of Land Management unless the governing body of the jurisdiction within which the applicable land of the Bureau is located adopts a resolution of approval.

      Sec. 7.  NRS 315.021 is hereby amended to read as follows:

      315.021  As used in NRS 315.021 to 315.071, inclusive, unless the context otherwise requires:

      1.  “Housing authority” means a housing authority created pursuant to this chapter. The term includes a regional authority formed pursuant to section 3 of this act.

      2.  “Landlord” means a person who owns or manages any premises that he rents or leases to a tenant pursuant to a contract with a housing authority.

      3.  “Premises” means a particular apartment or other residential unit of public housing occupied by a tenant, or a residential unit that is occupied by a tenant pursuant to a federally assisted housing program administered by a housing authority.

      4.  “Public housing” means the residential accommodations operated by a housing authority or a landlord.

      Sec. 8.  NRS 315.140 is hereby amended to read as follows:

      315.140  NRS 315.140 to 315.780, inclusive, and sections 2 to 6, inclusive, of this act may be referred to as the Housing Authorities Law of 1947.

      Sec. 9.  NRS 315.150 is hereby amended to read as follows:

      315.150  Unless the context otherwise requires, the definitions contained in NRS 315.160 to 315.300, inclusive, and section 2 of this act govern the construction of NRS 315.140 to 315.780, inclusive [.] , and sections 2 to 6, inclusive, of this act.

      Sec. 10.  NRS 315.160 is hereby amended to read as follows:

      315.160  1.  In the case of an authority of a city or town, “area of operation” shall include such city or town and the area within 5 miles of the territorial boundaries thereof; but the area of operation of an authority of any city or town shall not include any area which lies within the territorial boundaries of some other city or town as herein defined, unless a resolution shall have been adopted by the governing body of such other city or town (and by any authority which shall have been theretofore established and authorized to exercise its powers in such city or town) declaring that there is a need for such authority to exercise its powers within that city or town.

 


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ê2009 Statutes of Nevada, Page 2225 (Chapter 399, AB 478)ê

 

(and by any authority which shall have been theretofore established and authorized to exercise its powers in such city or town) declaring that there is a need for such authority to exercise its powers within that city or town.

      2.  In the case of an authority of a county, “area of operation” shall include all of the county for which it is created; but a county authority shall not undertake any housing project or projects within the boundaries of any city or town, as herein defined, unless a resolution shall have been adopted by the governing body of such city or town (and by any authority which shall have been theretofore established and authorized to exercise its powers in such city or town) declaring that there is a need for the county authority to exercise its powers within such city or town.

      3.  In the case of a regional authority, “area of operation” shall include:

      (a) All of the territory within the geographic scope of the regional authority, as referred to in paragraph (c) of subsection 2 of section 3 of this act; and

      (b) Any other territory regarding which the regional authority and another authority agree to exercise joint power or control.

      Sec. 11.  NRS 315.170 is hereby amended to read as follows:

      315.170  “Authority” means any of the public corporations created or authorized to be created by NRS 315.140 to 315.780, inclusive, and sections 2 to 6, inclusive, of this act and any housing authority established and operating prior to July 1, 1975, under the provisions of the Housing Authorities Law of 1943 or the Housing Law of 1951. The term includes a regional authority.

      Sec. 12.  NRS 315.380 is hereby amended to read as follows:

      315.380  1.  An authority shall select a chairman and a vice chairman from its commissioners.

      2.  For the purpose of managing a regional authority, the commissioners of the regional authority shall initially select an executive director by way of a competitive, open and public process. Thereafter, the selection of an executive director must be made as determined by the commissioners of the regional authority to be in the best interests of the authority.

      Sec. 13.  NRS 315.435 is hereby amended to read as follows:

      315.435  Except as otherwise provided in NRS 315.9835, a housing authority shall not operate in any area in which an authority already established is operating without the consent by resolution of the authority already operating therein. For the purposes of this section, the formation of a regional authority pursuant to section 3 of this act shall be deemed to constitute consent by resolution of the authority of any participating local governmental entity.

      Sec. 14.  NRS 315.440 is hereby amended to read as follows:

      315.440  Within its area of operation, an authority may:

      1.  Prepare, carry out and operate housing projects and provide for the construction, reconstruction, improvement, extension, alteration, or repair of any such project or any part thereof.

      2.  Determine where there is unsafe, insanitary or overcrowded housing.

      3.  Make studies and recommendations relating to the problem of eliminating unsafe, insanitary or overcrowded housing.

 


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ê2009 Statutes of Nevada, Page 2226 (Chapter 399, AB 478)ê

 

      4.  Cooperate with the city, the county, the State, or any political subdivision thereof in action taken in connection with such problems.

      5.  If it is a regional authority, work cooperatively with the relevant local jurisdictions concerning new developments or housing projects, or both. The relevant local jurisdictions with which a regional authority works cooperatively concerning new developments or housing projects, or both, shall provide to the regional authority such support and assistance as the regional authority may require.

      Sec. 15.  As soon as practicable after July 1, 2009, and after the adoption of a resolution pursuant to section 3 of this act, the governing bodies of Clark County, the City of Las Vegas, the City of Henderson and the City of North Las Vegas shall appoint the commissioners described in section 4 of this act.

      Sec. 15.5.  If the governing bodies of Clark County, the City of Las Vegas, the City of Henderson and the City of North Las Vegas adopt a resolution pursuant to section 3 of this act, the dissolution required to be begun pursuant to section 3.5 of this act must be completed not later than January 1, 2010.

      Sec. 16.  1.  This section and sections 1 to 11, inclusive, and 13 to 15.5, inclusive, of this act become effective upon passage and approval.

      2.  Section 12 of this act becomes effective on January 1, 2010.

________

 

CHAPTER 400, AB 483

Assembly Bill No. 483–Committee on Government Affairs

 

CHAPTER 400

 

AN ACT relating to public works; revising the provisions governing the terms of certain contracts between public bodies and certain design professionals; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes mandatory, optional and prohibited provisions in a contract for the provision of services in connection with a public work entered into between a public body and a design professional who is not a member of a design-build team. (NRS 338.155) This bill clarifies the extent of the obligation of a design professional to defend, indemnify and hold harmless a public body against liabilities, damages, losses, claims, actions or proceedings that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design professional or his employees or agents in the performance of the contract. This bill also provides that any provision in such a contract that conflicts with certain requirements and prohibitions concerning such contracts is void.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 338.155 is hereby amended to read as follows:

      338.155  1.  If a public body enters into a contract with a design professional who is not a member of a design-build team, for the provision of services in connection with a public work, the contract:

 


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ê2009 Statutes of Nevada, Page 2227 (Chapter 400, AB 483)ê

 

      [1.] (a) Must set forth:

      [(a)] (1) The specific period within which the public body must pay the design professional.

      [(b)] (2) The specific period and manner in which the public body may dispute a payment or portion thereof that the design professional alleges is due.

      [(c)] (3) The terms of any penalty that will be imposed upon the public body if the public body fails to pay the design professional within the specific period set forth in the contract pursuant to [paragraph (a).

      (d)] subparagraph (1).

            (4) That the prevailing party in an action to enforce the contract is entitled to reasonable attorney’s fees and costs.

      [2.] (b) May set forth the terms of any discount that the public body will receive if the public body pays the design professional within the specific period set forth in the contract pursuant to subparagraph (1) of paragraph (a) . [of subsection 1.

      3.] (c) May set forth the terms by which the design professional agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design professional, if the policy allows such an addition.

      [4.] (d) [Except as otherwise provided in subsection 5, must] Must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers or agents of the public body.

      [5.] (e) Except as otherwise provided in this [subsection,] paragraph, may require the design professional to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys’ fees [,] and costs, to the extent that such liabilities, damages, losses, claims, actions or proceedings are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design professional or the employees or agents of the design professional in the performance of the contract. If the insurer by which the design professional is insured against professional liability does not so defend the public body and the employees, officers and agents of the public body and the design professional is adjudicated to be liable by a trier of fact, the trier of fact shall award reasonable attorney’s fees and costs to be paid to the public body by the design professional in an amount which is proportionate to the liability of the design professional.

      2.  Any provision of a contract entered into by a public body and a design professional who is not a member of a design-build team that conflicts with the provisions of paragraph (d) or (e) of subsection 1 is void.

      3.  As used in this [subsection,] section, “agents” means those persons who are directly involved in and acting on behalf of the public body or the design professional, as applicable, in furtherance of the contract or the public work to which the contract pertains.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 2228ê

 

CHAPTER 401, AB 555

Assembly Bill No. 555–Committee on Ways and Means

 

CHAPTER 401

 

AN ACT relating to state financial administration; removing the nonreversion clause from the provisions governing the Senior Citizens’ Property Tax Assistance Account; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that any money remaining in the Senior Citizens’ Property Tax Assistance Account at the end of each fiscal year must remain in the Account and is available for use in the following fiscal year. (NRS 427A.595) This bill removes that provision, which will result in the reversion of the balance of the Account at the end of each fiscal year. (NRS 353.253)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 427A.595 is hereby amended to read as follows:

      427A.595  1.  Money to pay for assistance granted to senior citizens pursuant to the provisions of NRS 427A.450 to 427A.600, inclusive, must be provided by legislative appropriation from the State General Fund. The money so appropriated must be transferred to the Senior Citizens’ Property Tax Assistance Account in the State General Fund.

      2.  The Administrator may, from time to time, obtain from the State Controller a statement of the balance in the Senior Citizens’ Property Tax Assistance Account. The Administrator shall provide for full refunds of all just claims if the total amount of the claims does not exceed the balance in the Account. If the total amount of the claims exceeds that balance, the Administrator shall proportionately reduce each claim paid pursuant to paragraph (b) of subsection 1 of NRS 427A.515.

      3.  Money for the administration of the provisions of NRS 427A.450 to 427A.600, inclusive, must be provided by legislative appropriation to the Senior Citizens’ Property Tax Assistance Account. From this Account, the sum of $4 must be allowed for each claim which is received by the county assessor and submitted to the Division.

      4.  All claims against the Senior Citizens’ Property Tax Assistance Account must be certified by the Administrator or a person designated by the Administrator and, if certified and approved by the State Board of Examiners, the State Controller shall draw his warrant against the Account.

      [5.  Any money remaining in the Senior Citizens’ Property Tax Assistance Account at the end of the fiscal year must remain in the Account and is available for use in the following fiscal year.]

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

________

 


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ê2009 Statutes of Nevada, Page 2229ê

 

CHAPTER 402, SB 31

Senate Bill No. 31–Committee on Government Affairs

 

CHAPTER 402

 

AN ACT relating to state governmental administration; revising provisions governing independent contractors with the State; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, elective officers and the heads of departments, boards, commissions and institutions of the Executive Department of State Government are authorized to contract for the services of independent contractors, including the provision of security services for state agencies. (NRS 284.173, 284.174) With limited exceptions, existing law requires contracts with independent contractors to be approved by the State Board of Examiners, but the Clerk of the Board may approve contracts that are for less than a certain specified amount. (NRS 284.173) This bill repeals NRS 284.173 and 284.174 but replaces those sections with sections 2 and 3 of this bill which are added to chapter 333 of NRS, which relates to state purchasing. The new sections contain the same provisions as existing law except that the new sections require that if the contract is for services for which a license, certificate or other authorization is required by law, the independent contractor hold the appropriate current authorization required by law for the services.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 333 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in section 1 of Assembly Bill No. 463 of this session, a using agency may contract for the services of a person as an independent contractor. Except as otherwise provided by specific statute, each such contract must be awarded pursuant to this chapter.

      2.  An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

      3.  For the purposes of this section:

      (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid pursuant to the provisions of NRS 281.160.

      (b) There must be no:

            (1) Withholding of income taxes by the State;

            (2) Coverage for industrial insurance provided by the State;

            (3) Participation in group insurance plans which may be available to employees of the State;

            (4) Participation or contributions by either the independent contractor or the State to the Public Employees’ Retirement System;

            (5) Accumulation of vacation leave or sick leave; or

 


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            (6) Coverage for unemployment compensation provided by the State if the requirements of NRS 612.085 for independent contractors are met.

      4.  An independent contractor is not in the classified or unclassified service of the State and has none of the rights or privileges available to officers or employees of the State of Nevada.

      5.  If the contract is for services for which a license, certificate, registration, permit or other type of authorization is required by law, an independent contractor must hold the appropriate, current authorization that is required by law for the services.

      6.  Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the Attorney General, and except as otherwise provided in subsection 8, an executed copy of each contract must be filed with the Fiscal Analysis Division of the Legislative Counsel Bureau and the Clerk of the State Board of Examiners. The State Board of Examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $2,000.

      7.  Except as otherwise provided in subsection 8, and except for contracts entered into by the Nevada System of Higher Education, each proposed contract with an independent contractor must be submitted to the State Board of Examiners. The contracts do not become effective without the prior approval of the State Board of Examiners, except that the State Board of Examiners may authorize its Clerk or his designee to approve contracts which are:

      (a) For amounts less than $10,000 or, in contracts necessary to preserve life and property, for amounts less than $25,000; or

      (b) Entered into by the State Gaming Control Board for the purposes of investigating an applicant for or holder of a gaming license.

      8.  Copies of the following types of contracts need not be filed or approved as provided in subsections 6 and 7:

      (a) Contracts executed by the Department of Transportation for any work of construction or reconstruction of highways.

      (b) Contracts executed by the State Public Works Board or any other state department or agency for any work of construction or major repairs of state buildings, if the contracting process was controlled by the rules of open competitive bidding.

      (c) Contracts executed by the Housing Division of the Department of Business and Industry.

      (d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

      9.  The State Board of Examiners shall review each contract submitted for approval pursuant to subsection 7 to consider:

      (a) Whether sufficient authority exists to expend the money required by the contract; and

      (b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.

Ê If the contract submitted for approval continues an existing contractual relationship, the State Board of Examiners shall ask each agency to ensure that the State is receiving the services that the contract purports to provide.

 


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      10.  If the services of an independent contractor are contracted for to represent an agency of the State in any proceeding in any court, the contract must require that the independent contractor identify in all pleadings the specific state agency which he is representing.

      11.  The State Board of Examiners may adopt regulations to carry out of the provisions of this section.

      Sec. 3.  1.  If personnel of the Capitol Police Division of the Department of Public Safety are not available to provide security services for a building, office or other facility of a using agency, the using agency may, pursuant to section 2 of this act, contract with one or more independent contractors to provide such services.

      2.  An independent contractor with whom a using agency contracts pursuant to subsection 1 must:

      (a) Be licensed as a private patrolman pursuant to chapter 648 of NRS or employed by a person so licensed; and

      (b) Possess the skills required of and meet the same physical requirements as law enforcement personnel certified by the Peace Officers’ Standards and Training Commission created pursuant to NRS 289.500.

      Sec. 4.  NRS 41.0307 is hereby amended to read as follows:

      41.0307  As used in NRS 41.0305 to 41.039, inclusive:

      1.  “Employee” includes an employee of a:

      (a) Part-time or full-time board, commission or similar body of the State or a political subdivision of the State which is created by law.

      (b) Charter school.

      (c) University school for profoundly gifted pupils described in chapter 392A of NRS.

      2.  “Employment” includes any services performed by an immune contractor.

      3.  “Immune contractor” means any natural person, professional corporation or professional association which:

      (a) Is an independent contractor with the State pursuant to [NRS 284.173;] section 2 of this act; and

      (b) Contracts to provide medical services for the Department of Corrections.

Ê As used in this subsection, “professional corporation” and “professional association” have the meanings ascribed to them in NRS 89.020.

      4.  “Public officer” or “officer” includes:

      (a) A member of a part-time or full-time board, commission or similar body of the State or a political subdivision of the State which is created by law.

      (b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.

      (c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.

      Sec. 5.  NRS 176.0129 is hereby amended to read as follows:

      176.0129  The Department of Administration shall, on an annual basis, contract for the services of an independent contractor, in accordance with the provisions of [NRS 284.173,] section 2 of this act, to:

 


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ê2009 Statutes of Nevada, Page 2232 (Chapter 402, SB 31)ê

 

      1.  Review sentences imposed in this State and the practices of the State Board of Parole Commissioners and project annually the number of persons who will be:

      (a) In a facility or institution of the Department of Corrections;

      (b) On probation;

      (c) On parole; and

      (d) Serving a term of residential confinement,

Ê during the 10 years immediately following the date of the projection; and

      2.  Review preliminary proposals and information provided by the Commission and project annually the number of persons who will be:

      (a) In a facility or institution of the Department of Corrections;

      (b) On probation;

      (c) On parole; and

      (d) Serving a term of residential confinement,

Ê during the 10 years immediately following the date of the projection, assuming the preliminary proposals were recommended by the Commission and enacted by the Legislature.

      Sec. 6.  NRS 232.548 is hereby amended to read as follows:

      232.548  1.  Except if a particular procedure for resolving a dispute is required by a specific statute, and except as otherwise provided in subsection 2, the Director may authorize any entity within the Department or any natural person who is subject to the authority of the Director to use alternative means of dispute resolution in any proceeding if the alternative means can be:

      (a) Carried out by the available personnel of the Department or persons under contract with the Department; and

      (b) Paid for with money that is available in the existing budget of the affected entity of the Department.

      2.  Before authorizing an entity of the Department to use alternative means of dispute resolution, the Director must notify the Attorney General. The Attorney General, within 30 days after his receipt of the notification from the Director, shall respond to the Director concerning the advisability of using alternative means of dispute resolution to resolve the dispute at issue. The Director shall consider the advice of the Attorney General but may authorize an entity of the Department to use alternative means of dispute resolution unless the Attorney General indicates in his response that he officially opposes the use of such means. If the Attorney General fails to respond within 30 days after his receipt of the notification, the Director may authorize the use of alternative means of dispute resolution.

      3.  The alternative means of dispute resolution may include, without limitation, evaluation of the facts and issues in a dispute by a neutral person, fact-finding, mediation, arbitration or other collaborative problem-solving processes designed to encourage persons to work together to develop agreeable solutions to disputes in lieu of litigation or adjudication of contested cases in administrative hearings.

      4.  Any entity which, or natural person who, has received authorization from the Director to use alternative means of dispute resolution may enter into a contract to facilitate the use of such means, subject to the approval of the Attorney General, the limitations set forth in subsection 1 and the provisions of [NRS 284.173.] section 2 of this act.

 


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ê2009 Statutes of Nevada, Page 2233 (Chapter 402, SB 31)ê

 

      Sec. 7.  NRS 590.505 is hereby amended to read as follows:

      590.505  1.  The Board may adopt a seal for its own use which must have imprinted thereon the words “Board for the Regulation of Liquefied Petroleum Gas.” The care and custody of the seal is the responsibility of the Secretary-Treasurer of the Board.

      2.  The Board may appoint an Executive Secretary and may employ or, pursuant to [NRS 284.173,] section 2 of this act, contract with such other technical, clerical or investigative personnel as it deems necessary. The Board shall fix the compensation of the Executive Secretary and all other employees and independent contractors. Such compensation must be paid out of the money of the Board. The Board may require the Executive Secretary and any other employees and independent contractors to give a bond to the Board for the faithful performance of their duties, the premiums on the bond being paid out of the money of the Board.

      3.  In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and holding its regular or special meetings, the Board:

      (a) Shall adopt written policies setting forth procedures and methods of operation for the Board.

      (b) May adopt such regulations as it deems necessary.

      4.  The Board shall submit to the Legislature and the Governor a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of that year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the Board during the period and any complaints received by the Board.

      5.  The Board shall keep accurate records, minutes and audio recordings or transcripts of all meetings and, except as otherwise provided in NRS 241.035, the records, minutes, audio recordings and transcripts so kept must be open to public inspection at all reasonable times. The Board shall also keep a record of all applications for licenses and licenses issued by it. The record of applications and licenses is a public record.

      Sec. 8.  NRS 284.173 and 284.174 are hereby repealed.

      Sec. 9.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 2234ê

 

CHAPTER 403, SB 78

Senate Bill No. 78–Committee on Health and Education

 

CHAPTER 403

 

AN ACT relating to mental retardation; authorizing the Division of Mental Health and Developmental Services of the Department of Health and Human Services to regulate the provision of jobs and day training services to persons with mental retardation and persons with related conditions; prohibiting the provision of such services without a certificate issued by the Division; deleting provisions governing community centers for training persons with mental retardation and persons with related conditions; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides for the regulation of qualified community-based training centers for the care and training of persons with mental and functional retardation. (NRS 435.130-435.320) Section 23 of this bill repeals various provisions governing community training centers, and sections 2-11, 14 and 15 of this bill instead authorize the Division of Mental Health and Development Services of the Department of Health and Human Services to certify and regulate persons who provide jobs and day training services to persons with mental retardation and persons with related conditions. Section 5 requires a person to obtain a certificate from the Division to provide jobs and day training services to such persons. Section 7 authorizes the Division to investigate a person who applies for a certificate, and section 8 authorizes the Division to bring an action to enjoin any person who provides jobs and day training services without a certificate or after the certificate of the person has been suspended. Section 14 requires the Division to adopt regulations governing the provision of jobs and day training services.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  “Certificate” means a certificate which authorizes a natural person or entity to provide jobs and day training services and which is issued pursuant to NRS 435.130 to 435.310, inclusive, and sections 2 to 11, inclusive, of this act, and the regulations adopted pursuant thereto.

      Sec. 3.  “Jobs and day training services” means individualized services for day habilitation, prevocational, employment and supported employment:

      1.  Which are provided:

      (a) For compensation;

      (b) In a division facility or in the community; and

      (c) To a person with mental retardation or person with related conditions who is served by the Division; and

      2.  Which are designed to assist the person in:

      (a) Learning or maintaining skills;

      (b) Succeeding in paid or unpaid employment;

 


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ê2009 Statutes of Nevada, Page 2235 (Chapter 403, SB 78)ê

 

      (c) Increasing self-sufficiency, including, without limitation, training and habilitation services; and

      (d) Contributing to his community.

      Sec. 4.  “Nonprofit organization” means a partnership, firm, corporation or association that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

      Sec. 5.  1.  A nonprofit organization, state or local government or agency thereof shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.

      2.  A natural person other than a person who is employed by an entity listed in subsection 1 shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  The Division may:

      1.  Upon receipt of an application for a certificate, conduct an investigation into the qualifications of the personnel, methods of operation, policies and purposes of any natural person, nonprofit organization, state or local government or agency thereof proposing to provide jobs and day training services;

      2.  Upon receipt of a complaint against a natural person, nonprofit organization, state or local government or agency thereof providing jobs and day training services, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of the personnel, methods of operation, policies, procedures and records of the provider of jobs and day training services; and

      3.  Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 435.130 to 435.310, inclusive, and sections 2 to 11, inclusive, of this act.

      Sec. 8.  1.  The Division may bring an action in the name of the State of Nevada to enjoin any natural person, nonprofit organization, state or local government or agency thereof from providing jobs and day training services:

      (a) Without first obtaining a certificate from the Division; or

      (b) After the certificate has been revoked or suspended by the Division.

      2.  It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, provide jobs and day training services without a certificate.

      Sec. 9.  1.  A natural person who applies for the issuance or renewal of a certificate must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or

      (b) A separate form prescribed by the Division.

      3.  A certificate may not be issued or renewed by the Division if the applicant is a natural person who:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

 


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ê2009 Statutes of Nevada, Page 2236 (Chapter 403, SB 78)ê

 

compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 10.  The application of a natural person who applies for the issuance of a certificate must include the social security number of the applicant.

      Sec. 11.  1.  If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a natural person who is the holder of a certificate, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a certificate that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 12.  NRS 435.130 is hereby amended to read as follows:

      435.130  The intent of the Legislature in the enactment of NRS 435.130 to [435.320,] 435.310, inclusive, and sections 2 to 11, inclusive, of this act is to aid persons with mental [or functional] retardation and persons with related conditions who are not served by existing programs [to receive] in receiving high-quality care and training in an effort to help them become useful citizens.

      Sec. 13.  NRS 435.140 is hereby amended to read as follows:

      435.140  As used in NRS 435.130 to [435.320,] 435.310, inclusive, and sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in [NRS 435.170, 435.180 and 435.190] sections 2, 3 and 4 of this act have the meanings ascribed to them in [such] those sections.

      Sec. 14.  NRS 435.220 is hereby amended to read as follows:

      435.220  1.  The Division [may establish all rules, regulations and standards not inconsistent with the provisions of NRS 435.130 to 435.320, inclusive, which it deems necessary in order to carry out the purposes of such sections and to set qualification standards for centers to receive the aid provided for by such sections.] shall adopt regulations governing jobs and day training services, including, without limitation, regulations that set forth:

      (a) Standards for the provision of quality care and training by providers of jobs and day training services;

 


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ê2009 Statutes of Nevada, Page 2237 (Chapter 403, SB 78)ê

 

      (b) The requirements for the issuance and renewal of a certificate; and

      (c) The rights of consumers of jobs and day training services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing the complaint.

      2.  The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of jobs and day training services.

      Sec. 15.  NRS 435.310 is hereby amended to read as follows:

      435.310  [Centers with a certificate of qualification] A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, and sections 2 to 11, inclusive, of this act may enter into contracts with authorized county and school officials and public and private agencies to give care and training to [enrollees] persons with mental retardation and persons with related conditions who would also qualify for care or training programs offered by the public schools or by county welfare programs.

      Sec. 16.  NRS 332.117 is hereby amended to read as follows:

      332.117  1.  In accordance with the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025, a governing body of a local government or its authorized representative may award, without complying with the requirements for competitive bidding set forth in this chapter, a contract for services or for the purchase of supplies, materials, equipment or labor to [an] a nonprofit organization or agency whose primary purpose is the training and employment of persons with a mental or physical disability, including, without limitation, a [community-based training center for the care and training of persons with mental or functional retardation described in chapter 435 of NRS.] provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, and sections 2 to 11, inclusive, of this act.

      2.  [An] A nonprofit organization or agency that:

      (a) Wishes to submit a bid for such a contract must:

            (1) Register with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation as required pursuant to NRS 334.025; and

            (2) Establish a fair-market price for those services, supplies, materials, equipment or labor by conducting a market survey and must include the survey with the bid submitted to the local government.

      (b) Is awarded such a contract must report quarterly to the Rehabilitation Division as required pursuant to NRS 334.025.

      3.  As used in this section, “nonprofit organization or agency” means an organization or agency that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

      Sec. 17.  NRS 333.375 is hereby amended to read as follows:

      333.375  1.  The provisions of NRS 331.100 notwithstanding, and in accordance with the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025, the Purchasing Division may award without accepting competitive bids a contract for services or the purchase of commodities to nonprofit organizations or agencies whose primary purpose is the training and employment of persons with a mental or physical disability, including, without limitation, a [community-based training center for the care and training of persons with mental or functional retardation described in chapter 435 of NRS.]

 


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ê2009 Statutes of Nevada, Page 2238 (Chapter 403, SB 78)ê

 

described in chapter 435 of NRS.] provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, and sections 2 to 11, inclusive, of this act.

      2.  [An] A nonprofit organization or agency that:

      (a) Wishes to submit a bid for such a contract must:

            (1) Register with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation as required pursuant to NRS 334.025; and

            (2) Establish a fair-market price for those services or commodities by conducting a market survey and must include the survey with the bid submitted to the Purchasing Division.

      (b) Is awarded such a contract must report quarterly to the Rehabilitation Division as required pursuant to NRS 334.025.

      3.  As used in this section, “nonprofit organization or agency” means an organization or agency that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

      Sec. 18.  NRS 334.025 is hereby amended to read as follows:

      334.025  1.  The Rehabilitation Division of the Department of Employment, Training and Rehabilitation shall establish and administer a Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations.

      2.  The Program may include:

      (a) A method for assisting an agency that wishes to purchase commodities or services from an organization to locate such commodities and services that meet the needs of the agency;

      (b) A method for assisting an organization to locate an agency that wishes to purchase commodities or services from organizations;

      (c) A method for encouraging agencies to purchase commodities and services from organizations;

      (d) A method to review objections to an award of a contract to an organization, which method must be limited to a review of the process used for awarding the contract to ensure that the appropriate procedures were followed in awarding the contract;

      (e) The establishment of a percentage, not to exceed 4 percent, of the full amount of payment to an organization which is awarded a contract for all commodities and services to be provided to the agency pursuant to the contract that is sufficient to pay the cost to the Rehabilitation Division of establishing and administering the Program; and

      (f) A method for collecting information from an agency in a report to the Rehabilitation Division, which report may include, without limitation:

            (1) The number of persons with mental or physical disabilities currently employed at the agency; and

            (2) The number of contracts the agency has entered into pursuant to the Program which are currently in effect and a list of the organizations with which the agency has entered such contracts.

      3.  An organization that wishes to participate in the Program must register with the Rehabilitation Division on a form prescribed by the Administrator before contacting any agency concerning entering into a contract pursuant to the Program.

      4.  In administering the Program, the Rehabilitation Division shall, upon request of an agency or organization, assist the agency or organization in establishing a contract for the purchase of commodities or services.

 


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      5.  A contract entered into pursuant to the Program must provide for a payment to the Rehabilitation Division in an amount equal to the full amount of payment to the organization for all commodities and services to be provided to the agency pursuant to the contract multiplied by the percentage established pursuant to paragraph (e) of subsection 2.

      6.  An organization that has entered into a contract with an agency pursuant to the Program shall report quarterly to the Rehabilitation Division, on a form prescribed by the Administrator, such information as the Rehabilitation Division deems necessary to administer the Program.

      7.  The Administrator may adopt regulations to carry out the provisions of this section.

      8.  As used in this section:

      (a) “Administrator” means the Administrator of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

      (b) “Agency” means a local government as defined in NRS 332.015 and using agencies as defined in NRS 333.020.

      (c) “Organization” means an organization that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) whose primary purpose is the training and employment of persons with mental or physical disabilities, including, without limitation, [community-based training centers for the care and training of persons with physical or mental retardation described in chapter 435 of NRS.] a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, and sections 2 to 11, inclusive, of this act.

      Sec. 19.  NRS 373.117 is hereby amended to read as follows:

      373.117  1.  A regional transportation commission, a county whose population is less than 100,000 or an incorporated city within such a county may establish or operate a public transit system consisting of:

      (a) Regular routes and fixed schedules to serve the public;

      (b) Nonemergency medical transportation of persons to facilitate their [use of a center] participation in jobs and day training services as defined in [NRS 435.170,] section 3 of this act if the transportation is available upon request and without regard to regular routes or fixed schedules;

      (c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; or

      (d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

      2.  A regional transportation commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system.

      3.  In a county whose population is less than 400,000, such a system may also provide service which includes:

      (a) Minor deviations from the regular routes and fixed schedules required by paragraph (a) of subsection 1 on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.

      (b) The transporting of persons other than those specified in paragraph (b), (c) or (d) of subsection 1 upon request without regard to regular routes or fixed schedules [,] if the service is provided by a common motor carrier which has a certificate of public convenience and necessity issued by the Nevada Transportation Authority pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the Nevada Transportation Authority for a fully regulated carrier.

 


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ê2009 Statutes of Nevada, Page 2240 (Chapter 403, SB 78)ê

 

inclusive, and the service is subject to the rules and regulations adopted by the Nevada Transportation Authority for a fully regulated carrier.

      4.  Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a regional transportation commission may utilize a turnkey procurement process to select a person to design, build, operate and maintain, or any combination thereof, a fixed guideway system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a fixed guideway project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost-effective method of constructing the project on schedule and in satisfaction of its transportation objectives.

      5.  Notwithstanding the provisions of chapter 332 of NRS, a regional transportation commission may utilize a competitive negotiation procurement process to procure rolling stock for a fixed guideway project. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.

      6.  If a commission develops a fixed guideway project, the Department of Transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.

      7.  As used in this section:

      (a) “Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the Nevada Transportation Authority a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the Nevada Transportation Authority.

      (b) “Minimum operable segment” means the shortest portion of a fixed guideway system that is technically capable of providing viable public transportation between two end points.

      (c) “Public transit system” means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons.

      (d) “Turnkey procurement” means a competitive procurement process by which a person is selected by a regional transportation commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a fixed guideway system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.

      Sec. 20.  NRS 377A.130 is hereby amended to read as follows:

      377A.130  A public transit system may, in addition to providing local transportation within a county, provide:

      1.  Services to assist commuters in communicating with others to share rides;

      2.  Transportation for elderly persons and persons with disabilities, including, without limitation, nonemergency medical transportation of persons to facilitate their [use of a center] participation in jobs and day training services as defined in [NRS 435.170;] section 3 of this act;

      3.  Parking for the convenience of passengers on the system;

      4.  Stations and other necessary facilities to ensure the comfort and safety of passengers; and

      5.  Transportation that is available pursuant to NRS 373.117.

 


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ê2009 Statutes of Nevada, Page 2241 (Chapter 403, SB 78)ê

 

      Sec. 21.  NRS 608.255 is hereby amended to read as follows:

      608.255  For the purposes of this chapter and any other statutory or constitutional provision governing the minimum wage paid to an employee, the following relationships do not constitute employment relationships and are therefore not subject to those provisions:

      1.  The relationship between a rehabilitation facility or workshop established by the Department of Employment, Training and Rehabilitation pursuant to chapter 615 of NRS and an individual with a disability who is participating in a training or rehabilitative program of such a facility or workshop.

      2.  The relationship between a [community-based training center that] provider of jobs and day training services which is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) and which has been issued a certificate [of qualification] by the Division of Mental Health and Developmental Services of the Department of Health and Human Services pursuant to NRS 435.130 to [435.320,] 435.310, inclusive, and sections 2 to 11, inclusive, of this act and [an enrollee] a person with mental retardation or person with related conditions participating in a [training or rehabilitative] jobs and day training services program . [of such a center.]

      Sec. 22.  NRS 706.745 is hereby amended to read as follows:

      706.745  1.  The provisions of NRS 706.386 and 706.421 do not apply to:

      (a) Ambulances;

      (b) Hearses; or

      (c) Common motor carriers or contract motor carriers that are providing transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.2705.

      2.  A common motor carrier that enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of:

      (a) Regular routes and fixed schedules;

      (b) Nonemergency medical transportation of persons to facilitate their [use of a center] participation in jobs and day training services as defined in [NRS 435.170,] section 3 of this act if the transportation is available upon request and without regard to regular routes or fixed schedules;

      (c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; or

      (d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

      3.  Under any agreement for a system of public transit that provides for the transportation of passengers that is described in subsection 2:

      (a) The public entity shall provide for any required safety inspections; or

      (b) If the public entity is unable to do so, the Authority shall provide for any required safety inspections.

      4.  In addition to the requirements of subsection 3, under an agreement for a system of public transit that provides for the transportation of passengers that is described in:

      (a) Paragraph (a) of subsection 2, the public entity shall establish the routes and fares.

      (b) Paragraph (c) or (d) of subsection 2, the common motor carrier:

 


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ê2009 Statutes of Nevada, Page 2242 (Chapter 403, SB 78)ê

 

            (1) May provide transportation to any passenger who can board a vehicle with minimal assistance from the operator of the vehicle.

            (2) Shall not offer medical assistance as part of its transportation service.

      5.  A nonprofit carrier of elderly persons or persons with disabilities is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.

      6.  An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transportation.

      7.  Before an incorporated city or a county enters into an agreement with a common motor carrier for a system of public transit that provides for the transportation of passengers that is described in paragraph (c) or (d) of subsection 2 in an area of the incorporated city or an area of the county, it must determine that:

      (a) There are no other common motor carriers of passengers who are authorized to provide such services in that area; or

      (b) Although there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.

      Sec. 23.  NRS 435.170, 435.180, 435.190, 435.230, 435.240, 435.250, 435.260, 435.280, 435.290, 435.300 and 435.320 are hereby repealed.

      Sec. 24.  Notwithstanding the provisions of section 5 of this act, a natural person, partnership, firm, corporation, association, state or local government or agency thereof is not required to possess a certificate issued by the Division of Mental Health and Developmental Services of the Department of Health and Human Services to provide jobs and day training services in this State before January 1, 2010, unless the Division establishes, by regulation, an earlier date for compliance with section 5 of this act.

      Sec. 25.  The regulations of the Division of Mental Health and Developmental Services of the Department of Health and Human Services which are codified as NAC 435.200 to 435.350, inclusive, remain in effect and may be enforced until the Division adopts regulations to repeal or replace those regulations.

      Sec. 26.  1.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on July 1, 2009, for all other purposes.

      2.  Sections 9, 10 and 11 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with the subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

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ê2009 Statutes of Nevada, Page 2243ê

 

CHAPTER 404, SB 82

Senate Bill No. 82–Committee on Judiciary

 

CHAPTER 404

 

AN ACT relating to crimes; establishing procedures for identifying certain funds associated with prepaid or stored value cards; authorizing certain contracts to carry out the provisions relating to the identification of such funds; and providing other matters properly relating thereto.

 

[Approved: June 1, 2009]

 

Legislative Counsel’s Digest:

      This bill establishes procedures to allow law enforcement to identify funds associated with prepaid or stored value cards. This bill allows a peace officer to determine the name, personal information and amount of funds associated with a prepaid or stored value card in certain circumstances where there is probable cause to believe that the prepaid or stored value card is an instrumentality of a crime. Finally, this bill allows the Attorney General or a state or local law enforcement agency to enter into a contract to carry out the provisions of this bill concerning the identification of funds.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 179 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a peace officer:

      (a) Has detained a person pursuant to NRS 171.123, has arrested a person pursuant to any statutory provision authorizing or requiring the arrest of a person or is investigating a crime for which a suspect:

            (1) Has not been identified; or

            (2) Has been identified but was not reasonably believed by the peace officer to possess or control a prepaid or stored value card before the peace officer lawfully obtained possession of a prepaid or stored value card;

      (b) Has lawfully obtained possession of a prepaid or stored value card; and

      (c) Has probable cause to believe that the prepaid or stored value card represents the proceeds of a crime or has been used, is being used or is intended for use in the commission of a crime,

Ê the peace officer may use an electronic device, a necessary electronic communications network or any other reasonable means to determine the name, personal information and amount of funds associated with the prepaid or stored value card.

      2.  The Attorney General, his designee or any state or local law enforcement agency in this State may enter into a contract with any person to assist in carrying out the provisions of this section.

      3.  Before entering into a contract pursuant to subsection 2, the Attorney General, his designee or a state or local law enforcement agency shall consider the following factors:

 


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ê2009 Statutes of Nevada, Page 2244 (Chapter 404, SB 82)ê

 

      (a) The functional benefits to all law enforcement agencies in this State of maintaining either a single database or a series of interlinked databases relating to possible criminal use of prepaid or stored value cards.

      (b) The overall costs of establishing and maintaining such a database or databases.

      (c) Any other factors that the Attorney General, his designee or the state or local law enforcement agency believe to be relevant.

      4.  Any contract entered into pursuant to this section:

      (a) May be a sole source contract, not subject to the rules and requirements of open competitive bidding, if the period of the contract does not exceed 5 years; and

      (b) Must indemnify and hold harmless any person who enters into a contract pursuant to this section, and any officers, employees or agents of that person, for claims for actions taken at the direction of a law enforcement agency in this State and within the scope of the contract.

      5.  As used in this section:

      (a) “Prepaid or stored value card” means any instrument or device used to access funds or monetary value represented in digital electronic format, whether or not specially encrypted, and stored or capable of storage on electronic media in such a way as to be retrievable and transferable electronically.

      (b) “Proceeds” has the meaning ascribed to it in NRS 179.1161.

      Secs. 2-14.  (Deleted by amendment.)

      Sec. 15.  This act becomes effective on July 1, 2009.

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