[Rev. 11/14/2017 12:05:23 PM]

Link to Page 2614

 

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ê2017 Statutes of Nevada, Page 2615ê

 

CHAPTER 395, AB 517

Assembly Bill No. 517–Committee on Ways and Means

 

CHAPTER 395

 

[Approved: June 5, 2017]

 

AN ACT relating to public employees; establishing the maximum allowed salaries for certain employees in the classified and unclassified service of the State; making appropriations from the State General Fund and State Highway Fund for increases in the salaries of certain employees of the State; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

      1.  State Office of Energy:

             Director, Office of Energy............................................................. $110,132

             Deputy Director, Office of Energy................................................... 84,048

      2.  High Level Nuclear Waste:

             Executive Director, Nuclear Projects Office.............................. $118,767

             Executive Assistant............................................................................ 57,965

             Technical Division Administrator.................................................. 108,115

             Planner/Researcher............................................................................ 85,710

      3.  Office of the Governor:

             Director, Governor’s Finance Office........................................... $131,578

             Deputy Director, Governor’s Finance Office............................... 120,564

             Chief Assistant Budget Administrator............................................ 91,639

             Executive Assistant............................................................................ 57,965

             Division Administrator, Internal Audits....................................... 110,711

             Director, Western Interstate Commission for Higher Education 74,378

      4.  Office of the Lieutenant Governor:

             Chief of Staff.................................................................................... $76,613

             Assistant to the Lieutenant Governor (each)................................. 72,965

             Administrative Secretary................................................................... 49,251

      5.  Office of the Secretary of State:

             Chief Deputy.................................................................................. $120,564

             Deputy Secretary of State, Commercial Recordings................. 100,858

             Deputy Secretary of State, Southern Nevada............................. 100,858

             Deputy Secretary of State, Elections............................................ 110,711

             Deputy Secretary of State, Operations......................................... 100,858

             Securities Administrator….............................................................. 105,329

 


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ê2017 Statutes of Nevada, Page 2616 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Chief, Enforcement....................................................................... $100,537

             Executive Assistant............................................................................ 57,965

             Public Information Officer............................................................... 73,035

             Business Portal Administrator........................................................ 105,655

      6.  Office of the State Treasurer:

             Chief Deputy State Treasurer...................................................... $120,564

             Senior Deputy State Treasurer (each)........................................... 110,711

             Chief of Staff.................................................................................... 120,564

             Deputy State Treasurer, Debt Service........................................... 100,858

             Deputy State Treasurer, Investments........................................... 120,564

             Deputy State Treasurer, Cash Management............................... 100,858

             Executive Director, Millennium Scholarship............................... 100,858

             Executive Assistant............................................................................ 57,965

             Deputy State Treasurer, Unclaimed Property............................. 100,858

      7.  Office of the Controller:

             Chief Deputy Controller............................................................... $110,711

             Executive Assistant............................................................................ 57,965

      8.  Office of the Attorney General:

      (a) Attorney General’s Office:

                   Assistant Attorney General.................................................... $144,910

                   Attorney General Counsel for Prosecuting Attorneys......... 110,711

                   Ombudsman for Victims of Domestic Violence.................... 61,435

                   Bureau Chief (each).................................................................. 131,578

                   Chief Deputy Attorney General (each).................................. 121,725

                   Chief of Staff............................................................................. 144,910

                   General Counsel......................................................................... 136,605

                   Solicitor General......................................................................... 136,605

                   Special Counsel (each)............................................................. 136,605

                   Special Assistant Attorney General, Military........................ 110,711

                   Special Assistant Attorney General, Neighborhood............ 110,711

                   Senior Deputy Attorney General (each)................................ 110,132

                   Deputy Attorney General (each)............................................... 98,539

                   Public Information Officer......................................................... 73,035

                   Chief Investigator........................................................................ 90,424

                   Investigator (each)....................................................................... 67,943

                   Chief Personnel Manager........................................................... 90,424

                   Information Technology Chief............................................... 103,226

                   Financial Analyst......................................................................... 84,048

                   Executive Assistant..................................................................... 57,965

                   Chief Financial Officer............................................................. 105,329

                   Legal Researcher (each)............................................................. 57,965

                   Supervising Legal Researcher (each)........................................ 60,862

                   Construction Law Counsel...................................................... 136,605

                   Program Specialist, Technological Crimes.............................. 57,965

      (b) Bureau of Consumer Protection:

                   Senior Economist.................................................................... $105,349

                   Senior Engineer............................................................................. 94,078

                   Supervising Legal Researcher.................................................... 60,682

                   Legal Researcher (each)............................................................. 57,965

 


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ê2017 Statutes of Nevada, Page 2617 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

                   Senior Regulatory Analyst....................................................... $87,914

                   Chief Deputy Attorney General (each).................................. 121,725

                   Regulatory Manager................................................................... 94,159

                   Technical Staff Manager........................................................... 94,159

                   Deputy Attorney General........................................................... 98,539

                   Engineer......................................................................................... 84,825

                   Administrative Services Officer................................................. 76,329

                   Senior Deputy Attorney General (each)................................ 110,132

      9.  Commission on Ethics:

             Executive Director......................................................................... $110,132

             Commission Counsel....................................................................... 110,132

             Associate Counsel.............................................................................. 98,539

             Executive Assistant............................................................................ 57,965

             Investigator.......................................................................................... 67,943

             Senior Legal Researcher.................................................................... 57,965

      10.  Supreme Court:

             Supervisory Staff Attorney (each).............................................. $110,132

             Chief Assistant Clerk....................................................................... 121,725

             Chief Clerk........................................................................................ 144,910

             Chief Deputy Clerk............................................................................ 74,773

             Court Administrator......................................................................... 127,521

             Deputy Court Administrator (each).............................................. 110,132

             Staff Attorney (each)......................................................................... 98,539

             Law Librarian................................................................................... 104,335

             Senior Law Clerk (each).................................................................... 64,064

      11.  Commission on Judicial Discipline:

             General Counsel............................................................................. $144,910

      12.  Department of Administration:

             Director............................................................................................ $131,578

             Deputy Director................................................................................ 120,564

             Executive Assistant............................................................................ 57,965

             Information Systems Specialist....................................................... 63,871

             Senior Appeals Officer.................................................................... 121,725

             Appeals Officer, Hearings (each).................................................. 110,132

             Hearing Officer (each)....................................................................... 73,035

             Division Administrator, Fleet Services Division............................. 84,048

             Division Administrator, Administrative Services........................ 110,711

             Division Administrator, Risk Management................................... 90,424

             Division Administrator, Purchasing............................................... 100,858

             Attorney, Purchasing.......................................................................... 98,539

             Administrator, Public Works Division........................................... 127,521

             Deputy Administrator, Professional Services, Public Works Division 120,564

             Deputy Administrator, Code Compliance and Enforcement, Public Works Division    120,564

             Deputy Administrator, Buildings and Grounds, Public Works Division 110,711

             Public Works Division, Project Manager III (each)................... 110,132

             Public Works Division, Project Manager II (each)..................... 100,858

             Chief, Office of Grants Procurement.............................................. 83,589

 


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ê2017 Statutes of Nevada, Page 2618 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Executive Grants Analyst (each)................................................... $63,822

             Senior Executive Grants Analyst..................................................... 76,319

             Division Administrator, Human Resource Management......... 110,711

             Division Deputy Administrator, Human Resource Management (each)       90,424

             Administrator, Equal Employment Opportunity.......................... 84,048

             Division Administrator, State Library, Archives and Public Records 100,858

             Division Administrator, Enterprise Information Technology Services 120,564

             Deputy Administrator, Enterprise Information Technology Services 110,711

             Chief Assistant, Planning.................................................................. 84,031

             Chief, Planning, Research and Grant Management.................... 91,639

             Special Advisor, Enterprise Information Technology Services 100,858

             Deferred Compensation Executive Officer................................. 100,858

      13.  Department of Taxation:

             Director............................................................................................ $131,578

             Chief Deputy Director, Taxation................................................... 120,564

             Deputy Director (each).................................................................... 110,711

             Executive Assistant............................................................................ 57,965

             Administrative Law Judge (licensed attorney)............................ 110,132

             Chief Administrative Law Judge (licensed attorney)................. 121,725

             State Demographer, Taxation.......................................................... 98,539

      14.  Department of Education:

             Superintendent of Public Instruction.......................................... $131,578

             Director, Safe and Respectful Learning Office............................. 90,424

             Director, Research and Evaluation Services.................................. 90,424

             Deputy Superintendent of Instructional, Research and Evaluative Services (each)      110,711

             Deputy Superintendent for Administrative and Fiscal Services 110,711

             Executive Assistant............................................................................ 57,965

      15.  State Public Charter School Authority:

             Director, State Public Charter School Authority....................... $100,858

             Deputy Director, State Public Charter School Authority............. 90,424

             Staff Attorney..................................................................................... 98,539

      16.  Department of Employment, Training and Rehabilitation:

             Director, Employment, Training and Rehabilitation............... $131,578

             Chief, Disability Employment Policy.............................................. 84,048

             Division Administrator, Rehabilitation......................................... 110,711

             Chief Auditor....................................................................................... 92,741

             Deputy Director................................................................................ 120,564

             Executive Assistant............................................................................ 57,965

             Division Administrator, Employment Security........................... 120,564

             Division Administrator, Equal Rights Commission...................... 90,424

             Division Administrator, Information Development and Processing 110,711

 


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ê2017 Statutes of Nevada, Page 2619 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Hearing Officer (each)..................................................................... $73,035

             Senior Attorney................................................................................. 110,132

             Assistant to the Director.................................................................... 91,635

      17.  Department of Health and Human Services:

             Director............................................................................................ $131,578

             Deputy Director, Programs............................................................. 110,711

             Deputy Director, Fiscal Services.................................................... 110,711

             Deputy Director, Administrative Services.................................... 110,711

             Governor’s Consumer Health Advocate..................................... 100,858

             Ombudsman for Consumer Health Assistance (each)................ 80,428

             Manager, Office of Minority Health and Equity.......................... 73,035

             Executive Assistant (each)................................................................ 57,965

             Division Administrator, Health Care Financing and Policy...... 120,564

             Deputy Division Administrator, Health Care Financing and Policy (each)   110,711

             Actuary, Health Care Financing and Policy................................ 100,858

             Deputy Division Administrator, Public and Behavioral Health (each) 110,711

             Chief Biostatistician........................................................................ 100,858

             State Epidemiologist........................................................................ 100,858

             State Dental Health Officer............................................................ 160,324

             State Public Health Dental Hygienist........................................... 100,858

             Medical Epidemiologist................................................................... 160,324

             Agency Manager (each).................................................................. 110,132

             Hospital Administrator.................................................................... 110,132

             Statewide Suicide Prevention Coordinator.................................... 73,035

             Statewide Suicide Prevention Trainer/Networking Facilitator (each) 69,557

             Statewide Psychiatric Medical Director........................................ 213,251

             Medical Program Coordinator, Mental Health Program.......... 195,327

             Chief Medical Officer...................................................................... 222,326

             Division Administrator, Public and Behavioral Health............. 127,521

             Division Administrator, Welfare and Supportive Services........ 120,564

             Division Administrator, Child and Family Services................... 120,564

             Deputy Division Administrator, Child and Family Services (each) 110,711

             Deputy Division Administrator, Welfare and Supportive Services (each)     110,711

             Superintendent, Nevada Youth Training Center........................ 100,858

             Superintendent, Caliente Youth Center....................................... 100,858

             Superintendent, Summit View Youth Correctional Center....... 105,900

             Bureau Chief, Youth Parole Bureau............................................. 100,858

             Division Administrator, Aging and Disability Services.............. 120,564

             Deputy Division Administrator, Aging and Disability Services (each) 110,711

             Chief, Elder Rights.............................................................................. 90,424

 


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ê2017 Statutes of Nevada, Page 2620 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

      18.  Silver State Health Insurance Exchange:

             Executive Director, Silver State Health Insurance Exchange $120,564

             Operations Manager, Silver State Health Insurance Exchange 108,393

             Grants and Projects Analyst............................................................. 57,582

             Executive Assistant............................................................................ 57,965

             Finance and Research Officer.......................................................... 83,592

             Information Technology Analyst.................................................... 71,545

             Administrative Assistant (each)....................................................... 49,044

             Communications Officer.................................................................. 76,312

             Information Systems Manager..................................................... 100,522

             Benefit Manager................................................................................. 62,546

             Quality Assurance Officer................................................................. 85,734

             Training Specialist.............................................................................. 64,950

      19.  Office of the State Public Defender:

             State Public Defender.................................................................... $121,725

             Supervising Public Defender (office)............................................ 110,132

             Supervising Public Defender (trial)................................................ 110,132

             Supervising Public Defender (appeals)......................................... 110,132

             Deputy Public Defender (each)........................................................ 98,539

             Deputy Public Defender, Appellate................................................. 98,539

             Investigator (each)............................................................................. 67,943

      20.  Department of Business and Industry:

             Director............................................................................................ $131,578

             Deputy Director, Administration................................................... 100,858

             Deputy Director, Programs............................................................. 110,711

             Executive Assistant............................................................................ 57,965

             Administrative Law Judge.............................................................. 110,132

             Division Administrator, Financial Institutions............................ 100,858

             Deputy Division Administrator, Financial Institutions................ 84,048

             Certified Public Accountant, Financial Institutions..................... 69,749

             Division Administrator, Real Estate.............................................. 100,858

             Deputy Division Administrator, Real Estate.................................. 84,048

             Ombudsman, Real Estate................................................................. 73,035

             Division Administrator, Housing................................................... 100,858

             Deputy Division Administrator, Housing....................................... 84,048

             Chief Assistant, Housing................................................................... 69,557

             Chief Financial Officer, Housing..................................................... 98,539

             Deputy Administrator, Housing....................................................... 90,424

             Affordable Housing Advocate......................................................... 73,035

             Division Administrator, Insurance................................................ 120,564

             Deputy Division Administrator, Insurance (each)...................... 100,858

             Deputy Division Administrator, Insurance, Captive Insurers..... 98,539

             Lead Actuary, Insurance (each).................................................... 129,889

             Lead Insurance Counsel/Hearing Officer.................................... 110,132

             Insurance Counsel/Hearing Officer (each).................................. 100,858

             Division Administrator, Taxicab Authority................................. 117,699

             Attorney, Taxicab Authority............................................................ 98,539

 


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ê2017 Statutes of Nevada, Page 2621 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Division Administrator, Transportation Authority................... $117,699

             Chief Transportation Inspector....................................................... 96,001

             Commissioner, Transportation Authority (each)....................... 110,362

             Financial Analyst (each)................................................................... 84,147

             Manager, Transportation.................................................................. 91,171

             Deputy Division Administrator, Transportation Authority......... 98,539

             Attorney, Transportation Authority................................................ 98,539

             Division Administrator, Mortgage Lending................................. 100,858

             Deputy Division Administrator, Mortgage Lending..................... 84,048

             Certified Public Accountant, Mortgage Lending.......................... 69,749

             Division Administrator, Industrial Relations............................... 110,711

             Deputy Division Administrator, Industrial Relations (each)....... 90,424

             Attorney, Industrial Relations (each).............................................. 98,539

             Senior Attorney, Industrial Relations........................................... 110,132

             Chief Investigator............................................................................... 84,048

             Deputy Division Administrator, Mechanical Unit........................ 84,048

             Deputy Division Administrator, Safety Consultation.................. 84,048

             Deputy Division Administrator, Mine Safety................................ 84,048

             Division Administrator, Attorney for Injured Workers.............. 121,725

             Deputy Attorney for Injured Workers (each)................................ 98,539

             Senior Deputy Attorney for Injured Workers (each)................. 110,132

             Division Administrator, Employee-Management Relations Board 90,424

             Executive Assistant, Employee-Management Relations Board 57,965

             Division Administrator, Office of Labor Commissioner........... 100,858

             Deputy Division Administrator, Office of Labor Commissioner 84,048

             Chief Assistant, Office of Labor Commissioner........................... 54,090

             Division Administrator, Athletic Commission............................. 100,858

             Chief Assistant, Athletic Commission............................................ 69,557

             Ombudsman of Consumer Affairs for Minorities........................ 76,613

      21.  State Department of Agriculture:

             Director, Agriculture....................................................................... $120,564

             Executive Assistant............................................................................ 57,965

             Deputy Director, Agriculture........................................................... 110,711

             State Veterinarian............................................................................ 112,993

             Division Administrator, Food and Nutrition................................ 100,858

             Deputy Administrator, Food and Nutrition.................................... 90,424

             Division Administrator, Animal Industry....................................... 90,424

             Veterinary Diagnostician................................................................... 92,599

             Supervisor, Animal Disease Laboratory......................................... 99,943

             Division Administrator, Consumer Equitability.......................... 100,858

             Division Administrator, Plant Industry......................................... 100,858

             Deputy Division Administrator, Plant Industry............................. 90,424

             Fiscal Administrator......................................................................... 100,858

             Industry and Global Trade Coordinator........................................ 79,944

 


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ê2017 Statutes of Nevada, Page 2622 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

      22.  Commission on Mineral Resources:

             Administrator, Minerals................................................................ $108,127

             Deputy Administrator, Minerals...................................................... 86,500

             Chief for Dangerous Mines............................................................... 77,798

             Chief for Mine Regulation................................................................ 77,798

             Field Specialist, Minerals (each)....................................................... 65,863

             Program Manager, Oil, Gas and Geothermal................................ 99,560

      23.  Department of Tourism and Cultural Affairs:

             Director, Tourism and Cultural Affairs...................................... $120,564

             Chief Deputy, Administration........................................................ 100,858

             Administrator, Nevada Arts Council............................................ 100,858

             Executive Assistant............................................................................ 57,965

             Public Information Officer............................................................... 82,391

             Deputy Director, Sales and Industry Partners............................... 79,944

             Deputy Director, Marketing and Advertising................................. 79,944

             Development Specialist II, Tourism (each)................................... 79,944

             Development Specialist, Tourism (each)........................................ 75,061

             Project Analyst II (each)................................................................... 67,140

             Project Analyst.................................................................................... 57,582

             Development Specialist, Nevada Magazine (each)..................... 66,492

             Editor Publisher, Nevada Magazine................................................ 90,828

             Managing Editor, Publications......................................................... 69,819

             Production Manager.......................................................................... 56,280

             Art Director (each).............................................................................. 59,466

             Advertising Sales Representative..................................................... 61,000

             Operations and Finance Manager................................................... 87,433

             Public Relations Specialist................................................................ 75,062

             Division Administrator, Museums and History.......................... 100,858

             Executive Director, Nevada Indian Commission......................... 73,035

      24.  Nevada Gaming Control Board:

             Chair, Gaming Control Board..................................................... $154,251

             Member, Gaming Control Board (each)...................................... 143,426

             Executive Assistant............................................................................ 60,804

             Chief, Investigation......................................................................... 110,103

             Chief, Enforcement......................................................................... 110,103

             Chief, Audit....................................................................................... 110,103

             Chief, Tax and License................................................................... 110,103

             Chief, Administration...................................................................... 110,103

             Chief Deputy, Administration........................................................ 100,094

             Executive Secretary, Gaming Control Board.............................. 100,094

             Manager, Electronics Lab............................................................... 107,523

             Chief, Technology............................................................................ 117,609

             Senior Lab Engineer (each)............................................................ 102,402

             Electronic Lab Engineer (each)........................................................ 97,526

             Coordinator, Applicant Services...................................................... 97,365

             Chief Deputy, Enforcement (each)............................................... 100,094

             Information Technology Manager............................................... 107,273

             Senior Network Specialist.................................................................. 91,950

             Network Specialist II (each)............................................................. 84,693

             Network Specialist I (each)............................................................... 76,690

 


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ê2017 Statutes of Nevada, Page 2623 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Systems Administrator.................................................................... $90,678

             System Manager.............................................................................. 100,933

             Programming Manager................................................................... 100,933

             Programming Supervisor................................................................... 95,110

             Chief Deputy, Audit (each)............................................................ 100,094

             Chief Deputy, Investigations (each)............................................. 100,094

             Chief Deputy, Tax and License..................................................... 100,094

             Hearings Officer (each)..................................................................... 96,419

             Information Management Coordinator......................................... 86,629

             Financial Officer................................................................................. 86,629

             Supervisor, Investigations (each)..................................................... 90,993

             Supervisor, Enforcement (each)...................................................... 90,993

             Supervisor, Audit (each).................................................................... 90,993

             Supervisor, Tax and License (each)................................................ 90,993

             Supervisor (each)................................................................................ 90,993

             Human Resources Manager............................................................. 97,365

             Senior Agent, Technology (each)..................................................... 78,784

             Senior Agent, Investigations (each)................................................. 78,784

             Senior Agent, Audit (each)................................................................ 78,784

             Senior Agent, Tax and License (each)............................................ 78,784

             Senior Research Specialist (each).................................................... 96,384

             Senior Agent, Enforcement (each).................................................. 78,784

             Agent, Audit (each)............................................................................ 71,622

             Agent, Investigations (each)............................................................. 71,622

             Agent, Enforcement (each)............................................................... 71,622

             Agent, Tax and License (each)........................................................ 71,622

             Electronics Technician (each).......................................................... 63,824

             Senior Application Developer (each).............................................. 85,387

             Special Agent (each).......................................................................... 82,722

             Special Agent, Audit (each).............................................................. 82,722

      25.  Public Utilities Commission of Nevada:

             Executive Director......................................................................... $120,564

             Chair................................................................................................... 128,680

             Public Utilities Commissioner (each)............................................ 120,564

             Executive Assistant (each)................................................................ 57,965

             Senior Financial Analyst................................................................... 88,354

             Financial Analyst (each)................................................................... 84,147

             Chief Attorney (each)...................................................................... 121,725

             Senior Attorney (each).................................................................... 110,132

             Supervisor, Consumer Complaint Resolution............................... 84,048

             Manager, Safety and Quality Assurance..................................... 100,858

             Manager, Systems Operation........................................................... 94,730

             Public Education and Statistical Analysis Officer (each)............ 69,557

             Administrative Attorney (each)....................................................... 73,035

             Manager, Resource and Market Analysis................................... 100,858

             Engineer, Water................................................................................... 96,001

             Engineer, Electric (each).................................................................... 94,078

             Senior Gas Pipeline Engineer............................................................ 96,001

             Engineer, Gas Pipeline (each)........................................................... 87,548

 


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ê2017 Statutes of Nevada, Page 2624 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Senior Engineering Analyst............................................................. $87,548

             Manager, Policy Analysis............................................................... 100,858

             Director, Regulatory Operations.................................................... 120,564

             Manager, Consumer Complaint Resolution............................... 100,858

             Senior Analyst..................................................................................... 75,405

             Rural Consumer Representative...................................................... 68,033

             Manager, Tariffs and Compliance............................................... 100,858

             Commission Secretary.................................................................... 100,858

             Assistant Commission Secretary..................................................... 90,424

             Senior Regulatory Economist........................................................... 94,830

             Regulatory Economist (each)........................................................... 90,315

             Commission Policy Advisory (each)............................................... 96,001

             Senior Utility Analyst (each)............................................................. 75,405

             Resource Planning Engineer............................................................. 87,548

             Legal Case Manager.......................................................................... 73,035

      26.  Department of Motor Vehicles:

             Director............................................................................................ $131,578

             Deputy Director, Motor Vehicles................................................... 127,521

             Executive Assistant............................................................................ 57,965

             Division Administrator, DMV Motor Carrier............................... 100,858

             Division Administrator, DMV Management Services............... 100,858

             Division Administrator, DMV Automation................................. 110,711

             Division Administrator, DMV Field Services............................... 110,711

             Deputy Administrator, DMV Field Services................................ 100,858

             Division Administrator, DMV Compliance Enforcement......... 110,711

             Deputy Administrator, Compliance Enforcement (each)......... 100,858

             Division Administrator, DMV Central Services.......................... 100,858

             Division Administrator, DMV Administrative Services............. 100,858

             Chief Administrative Law Judge, DMV (licensed attorney)..... 121,725

             Chief Administrative Law Judge, DMV (other than licensed attorney) 110,132

             DMV Administrative Law Judge (licensed attorney) (each).... 110,132

             DMV Administrative Law Judge (other than licensed attorney) (each) 98,539

      27.  Department of Public Safety:

             Director............................................................................................ $131,578

             Deputy Director, Public Safety...................................................... 127,521

             Executive Assistant............................................................................ 57,965

             Division Administrator, Parole and Probation............................ 127,521

             Chair, State Board of Parole Commissioners............................. 110,711

             Parole Board Member (each)........................................................... 90,424

             Executive Assistant, Parole Board.................................................. 57,965

             Division Administrator, General Services..................................... 115,667

             Division Administrator, State Fire Marshal................................. 110,711

             Division Administrator, Capitol Police......................................... 100,858

             Division Administrator, Investigations......................................... 120,564

 


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ê2017 Statutes of Nevada, Page 2625 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Division Administrator, Highway Safety Planning and Administration. $84,048

             Division Administrator, Cyber Security........................................ 107,465

             Chief, Nevada Highway Patrol...................................................... 127,521

             Lieutenant Colonel, Nevada Highway Patrol............................. 127,521

             Division Administrator, Homeland Security............................... 120,564

             Analyst Supervisor / NAIC Manager.............................................. 76,331

      28.  Department of Corrections:

             Director............................................................................................ $131,578

             Executive Assistant............................................................................ 57,965

             Medical Director............................................................................... 197,159

             Mental Health Director................................................................... 110,711

             Deputy Director, Operations, Northern Region........................... 120,564

             Deputy Director, Industrial Programs........................................... 120,564

             Deputy Director, Operations, Southern Region........................... 120,564

             Deputy Director, Support Services................................................ 120,564

      29.  Peace Officers’ Standards and Training Commission:

             Director............................................................................................ $100,858

             Deputy Director................................................................................... 90,424

             Executive Assistant............................................................................ 57,965

             Bureau Chief (each)........................................................................... 79,606

             Training Specialist (each).................................................................. 72,663

      30.  State Department of Conservation and Natural Resources:

             Director............................................................................................ $131,578

             Deputy Director (each).................................................................... 110,711

             Executive Assistant............................................................................ 57,965

             Division Administrator, Environmental Protection.................... 127,521

             Division Administrator, Water Resources.................................... 127,521

             Division Administrator, Forestry.................................................... 110,711

             Division Administrator, State Parks.............................................. 110,711

             Division Administrator, State Lands............................................. 100,858

             District Supervisor, Water Commissioner, Water Resources...... 73,035

             Administrator, Natural Heritage...................................................... 84,048

             Administrator, Historic Preservation............................................. 100,858

      31.  Department of Wildlife:

             Director............................................................................................ $120,564

             Deputy Director (each).................................................................... 110,711

             Executive Assistant............................................................................ 57,965

             Chief Game Warden........................................................................ 100,858

             Division Administrator, Conservation Education......................... 90,424

             Division Administrator, Fisheries Management............................ 90,424

             Division Administrator, Game Management................................ 90,424

             Division Administrator, Habitat....................................................... 90,424

             Division Administrator, Wildlife Administration........................... 90,424

             Division Administrator, Wildlife Diversity...................................... 90,424

      32.  Department of Transportation:

             Director............................................................................................ $131,578

             Deputy Director (each).................................................................... 128,680

             Executive Assistant............................................................................ 57,965

 


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

ê2017 Statutes of Nevada, Page 2626 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Assistant Director, Administrative Services............................... $110,711

             Assistant Director, Planning and Program Development.......... 110,711

             Assistant Director, Engineering...................................................... 127,521

             Assistant Director, Operations........................................................ 127,521

             Hearings Officer.................................................................................. 73,035

             Communications Director................................................................. 90,424

             Administrator of External Civil Rights......................................... 100,858

             Chief Pilot............................................................................................ 98,539

             Pilot III (each)..................................................................................... 90,424

             Pilot II................................................................................................... 84,048

      33.  Colorado River Commission of Nevada:

             Director............................................................................................ $135,807

             Deputy Director................................................................................ 129,125

             Energy Services Manager............................................................... 129,125

             Division Head, Water...................................................................... 123,052

             Administrative Services Officer..................................................... 123,052

             Office Manager................................................................................... 67,637

             Senior Energy Accountant (each).................................................... 92,231

             Natural Resource Specialist (each)............................................... 106,990

             Environmental Program Manager................................................ 110,678

             Network Administrator...................................................................... 79,934

             Power Supply Manager................................................................... 113,516

             Assistant Director Engineering and Operations........................... 122,977

             Assistant Director Energy Information Systems........................ 110,678

             Power Facilities Manager................................................................ 110,678

             Power Facilities Communication Technician (each).................... 86,084

             Senior Power Facilities Electrician (each)....................................... 86,084

             Senior Power Facilities Engineer.................................................... 106,422

             Power Facilities Electrician................................................................ 79,934

             Hydropower Program Manager..................................................... 116,829

             Assistant Hydropower Program Manager................................... 104,531

             Manager, Power Planner................................................................. 110,132

             Power Supply Planner...................................................................... 110,711

             Assistant Power Supply Planner....................................................... 96,000

             Manager, Power Accounting.......................................................... 110,132

             Energy Accountant............................................................................ 81,150

      34.  Public Employees’ Benefits Program:

             Executive Officer........................................................................... $127,521

             Executive Assistant............................................................................ 57,965

             Quality Control Officer...................................................................... 98,539

             Operations Officer............................................................................ 108,393

             Chief Financial Officer...................................................................... 98,539

             Chief Information Officer.............................................................. 103,226

             Financial Analyst................................................................................ 82,889

      35.  Department of Veterans Services:

             Director, Veterans Services............................................................. $98,539

             Deputy Director, Programs and Services........................................ 84,048

             Deputy Director, Health and Wellness............................................ 84,048

 


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

ê2017 Statutes of Nevada, Page 2627 (Chapter 395, AB 517)ê

 

                                                                                                                             Annual

Title or Position                                                                                                  Salary

             Executive Assistant.......................................................................... $57,965

             Administrator, Veterans Home...................................................... 110,711

      36.  Office of the Military:

             Adjutant General........................................................................... $120,564

             Nevada National Guard Officer – SAD (each)........................... 147,552

             Nevada National Guard Warrant Officer – SAD (each)........... 100,860

             Nevada National Guard Enlisted – SAD (each)............................ 89,647

      37.  Medical and Related Positions:

             Senior Physician (Range C) (each)............................................. $160,324

             Senior Psychiatrist (Range C) (each)............................................ 182,244

            Senior Institutional Dentist (Range B) (each)............................. 142,637

             Pharmacist 3..................................................................................... 124,109

             Pharmacist 2 (each)......................................................................... 112,825

             Pharmacist 1 (each)......................................................................... 102,570

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

      Sec. 2.  1.  If any unclassified position is omitted from this act for Fiscal Year 2017-2018 or Fiscal Year 2018-2019, the Division of Human Resource Management of the Department of Administration shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.

      2.  If the Fiscal Analysis Division of the Legislative Counsel Bureau determines that the title or maximum salary for a position set forth in section 1 of this act contains a typographical or other error that misrepresents the maximum salary intended to be set forth in section 1 of this act, the Interim Finance Committee may review the duties and responsibilities of the position and establish the appropriate title and maximum salary for the position pursuant to the intent of the 79th Session of the Nevada Legislature.

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

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

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

      6.  If the salary for an employee occupying a position in the unclassified service on June 30, 2017, 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, 2017.

 


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

ê2017 Statutes of Nevada, Page 2628 (Chapter 395, AB 517)ê

 

retained at the level in effect on June 30, 2017. Once an employee vacates a position for which the previous salary is retained pursuant to this section, the maximum salary for that position must be reduced to the amount set forth in section 1 of this act.

      Sec. 3.  The approximate maximum salaries as set forth in section 1 of this act must be increased by 2 percent effective on July 1, 2017, and 2 percent effective on July 1, 2018.

      Sec. 4.  1.  There is hereby appropriated from the State General Fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada, including the Judicial Department of the State Government, which receives part or all of its funding from the State General Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:

For the Fiscal Year 2017-2018.................................................... $873,081

For the Fiscal Year 2018-2019................................................. $1,764,234

      2.  There is hereby appropriated from the State Highway Fund to the State Board of Examiners for reimbursement to a state agency, which receives part or all of its funding from the State Highway Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:

For the Fiscal Year 2017-2018...................................................... $46,922

For the Fiscal Year 2018-2019...................................................... $94,803

      3.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse from the appropriate fund 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 unclassified employees of the respective departments, commissions and agencies under the adjusted pay plan.

      Sec. 5.  1.  Except as otherwise provided in this act, to effect increases in salaries of approximately 2 percent, effective on July 1, 2017, and 2 percent effective on July 1, 2018, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $7,766,687 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $16,170,061, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of the classified and nonclassified personnel of those departments, commissions and agencies, including the Judicial Department of the State Government, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2017.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, 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 classified and nonclassified employees of the respective departments, commissions and agencies under the adjusted pay plan.

 


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

ê2017 Statutes of Nevada, Page 2629 (Chapter 395, AB 517)ê

 

money otherwise appropriated or available equal the amount of money required to pay the salaries of the classified and nonclassified employees of the respective departments, commissions and agencies under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.

      Sec. 6.  1.  To effect increases in salaries of approximately 2 percent effective on July 1, 2017, and 2 percent effective on July 1, 2018, there is hereby appropriated from the State Highway Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $1,312,920 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $2,727,741, for the purpose of meeting any deficiencies which may exist between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of classified personnel of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2017.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Department of Motor Vehicles, the Department of Public Safety and the Nevada Transportation Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to meet and pay the salaries of the classified employees of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.

      Sec. 7.  1.  To effect increases in salaries of approximately 2 percent effective on July 1, 2017, and 2 percent effective on July 1, 2018, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $1,752,986 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $3,622,260, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of the classified personnel of the Nevada System of Higher Education necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2017.

      2.  To effect increases in salaries of approximately 2 percent effective on July 1, 2017, and 2 percent effective on July 1, 2018, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $7,671,833 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $15,700,343, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 79th Session of the Nevada Legislature and the requirements for increasing the salaries of those professional employees of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 79th Session of the Nevada Legislature, to become effective on July 1, 2017.

 


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

ê2017 Statutes of Nevada, Page 2630 (Chapter 395, AB 517)ê

 

ending on June 30, 2019, the sum of $15,700,343, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 79th Session of the Nevada Legislature and the requirements for increasing the salaries of those professional employees of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 79th Session of the Nevada Legislature, to become effective on July 1, 2017.

      3.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Nevada System of Higher Education 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 are limits and equal the amount of money available to pay the salaries of the classified and professional employees of the Nevada System of Higher Education under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.

      Sec. 8.  The salaries of the employees of the Legislative Counsel Bureau and of interim legislative operations shall be increased by approximately 2 percent effective on July 1, 2017, and 2 percent effective on July 1, 2018. Any deficiencies which may be created between the money appropriated to the Legislative Fund as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of the personnel of the Legislative Counsel Bureau necessary under an adjusted pay plan to become effective on July 1, 2017, must be covered through expenditures from the balance in the Legislative Fund.

      Sec. 9.  The Department of Health and Human Services and the Department of Corrections may adopt a plan to authorize additional payments of up to $60 for a specified period on a weeknight and of up to $100 for a specified period on a weekend day for unclassified employees, who are Senior Psychiatrists, Senior Physicians or Pharmacists to perform on-call responsibilities to ensure 24-hour coverage in psychiatric treatment facilities and correctional facilities and institutions. On-call responsibilities for Senior Psychiatrists and Senior Physicians include, without limitation, attending to clinical emergencies, evaluation of patients subject to seclusion and restraint and completing rounds during weekends. On-call responsibilities for Pharmacists include, without limitation, consultation with medical personnel and first dosage reviews.

      Sec. 10.  The Nevada Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as an electronic laboratory engineer and possess a bachelor of science or higher degree in engineering, electronic engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.

      Sec. 11.  Any remaining balance of an appropriation made by sections 4 to 8, inclusive, of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, 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 20, 2019.

 


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

ê2017 Statutes of Nevada, Page 2631 (Chapter 395, AB 517)ê

 

any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, 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 20, 2019.

      Sec. 12.  1.  Money in subsection 1 of section 4 of this act and section 5 of this act may be transferred between those sections to finance the 2 percent salary increase authorized on July 1, 2017, and the 2 percent salary increase authorized on July 1, 2018.

      2.  Money in subsection 2 of section 4 of this act and section 6 of this act may be transferred between those sections to finance the 2 percent salary increase authorized on July 1, 2017, and the 2 percent salary increase authorized on July 1, 2018.

      3.  When determining the allocations of the money appropriated in sections 4 to 7, inclusive, of this act, the State Board of Examiners shall not distribute money to an account beyond the maximum salary need amount determined for the account. Appropriations established for an account within a department, agency or commission must not be distributed to another account within the department, agency or commission if that action results in the distribution of money beyond the maximum salary need amount determined for the account.

      Sec. 13.  1.  To effect the State of Nevada’s share of the increases of salary of approximately 2 percent effective July 1, 2017, and 2 percent effective on July 1, 2018, for employees of the Tahoe Regional Planning Agency, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of not more than $12,144 for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, and the sum of not more than $24,530 for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019. The amounts transferred must not be used to increase an employee’s base salary unless the State of California provides the required 2 for 1 matching funds. If such matching funds are not provided by the State of California, any amounts provided to the Tahoe Regional Planning Agency by the State of Nevada must be used as a one-time salary bonus.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Tahoe Regional Planning Agency 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 State of Nevada’s share of the salaries of the employees of the Tahoe Regional Planning Agency under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than an increase in salaries described in this section.

      Sec. 14.  1.  Except as otherwise provided in this act, to effect salary increases effective January 7, 2019, in accordance with the provisions of NRS 223.050 for the Governor, NRS 224.050 for the Lieutenant Governor, NRS 225.050 for the Secretary of State, NRS 226.090 for the State Treasurer, NRS 227.060 for the State Controller and NRS 228.070 for the Attorney General, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $15,228 for the fiscal year beginning July 1, 2018, and ending on June 30, 2019.

 


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

ê2017 Statutes of Nevada, Page 2632 (Chapter 395, AB 517)ê

 

to the State Board of Examiners the sum of $15,228 for the fiscal year beginning July 1, 2018, and ending on June 30, 2019.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the various agencies of the State of Nevada out of the money appropriated by this section such sums of money required to pay the salaries of the elected officials set forth in subsection 1.

      Sec. 15.  The sums appropriated for the support of the salaries for the Assistant Attorney General in the Office of the Attorney General, Chief of Staff in the Office of the Attorney General, Chief Clerk of the Nevada Supreme Court, General Counsel of the Commission on Judicial Discipline, Chairman of the Nevada Gaming Control Board, a member of the Nevada Gaming Control Board and an officer of the Nevada National Guard must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.

      Sec. 16. NRS 408.111 is hereby amended to read as follows:

      408.111  1.  The Department consists of a Director, [two] three Deputy Directors, a Chief Engineer and the following divisions:

      (a) Administrative Division.

      (b) Operations Division.

      (c) Engineering Division.

      (d) Planning Division.

      2.  The head of a Division is an assistant director. Assistant directors are in the unclassified service of the State.

      Sec. 17. NRS 612.230 is hereby amended to read as follows:

      612.230  1.  For the purpose of ensuring the impartial selection of personnel on the basis of merit, the Administrator shall fill all positions in the Division, except the post of Administrator [,] and Senior Attorney, from registers prepared by the Division of Human Resource Management of the Department of Administration, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may be adopted or prescribed by the Administrator.

      2.  The Administrator shall select all personnel either from the first five candidates on the eligible lists as provided in this chapter, or from the highest rating candidate within a radius of 60 miles of the place in which the duties of the position will be performed. The Administrator may fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as the Administrator deems reasonable and proper for its effective administration.

      3.  The Administrator shall classify positions under this chapter and shall establish salary schedules and minimum personnel standards for the positions so classified. The Administrator shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.

      4.  The Administrator may grant educational leave stipends to officers and employees of the Division if all of the cost of the educational leave stipends may be paid from money of the Federal Government.

      Sec. 18.  This act becomes effective on July 1, 2017.

________

 


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

ê2017 Statutes of Nevada, Page 2633ê

 

CHAPTER 396, AB 518

Assembly Bill No. 518–Committee on Ways and Means

 

CHAPTER 396

 

[Approved: June 5, 2017]

 

AN ACT relating to state financial administration; making appropriations from the State General Fund and the State Highway Fund for the support of the civil government of the State of Nevada for the 2017-2019 biennium; providing for the use of the money so appropriated; making various other changes relating to the financial administration of the State; repealing the prospective expiration of certain provisions relating to the Nevada Supreme Court; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The sums set forth in sections 2 to 29, inclusive, of this act are hereby appropriated from the State General Fund for the purposes expressed in those sections, and for the support of the government of the State of Nevada for Fiscal Year 2017-2018 and Fiscal Year 2018-2019.

                                                                                        2017-2018          2018-2019

      Sec. 2.  The Office and Mansion of the Governor.

             For the support of the:

                   Office of the Governor.......................      $2,341,379       $2,356,313

                   Governor’s Office of Finance...........         3,483,918         3,980,761

                   Governor’s Office of Finance – Special Appropriations                      8,046,520 5,626,690

                   Division of Internal Audits................         1,545,669         1,561,634

                   Governor’s Mansion...........................            320,859             347,626

                   High Level Nuclear Waste.................         1,349,382         1,303,696

                   Governor’s Office of Energy.............                    100                     100

                   Office of Science, Innovation and Technology                4,020,521  4,022,969

                   Governor’s Office of Workforce Innovation:

                          Office of Workforce Innovation.........................                85,461  106,095

                          Nevada P20 Workforce Reporting                                    951,946  729,719

                   Western Interstate Commission for Higher Education:

                   ..... Administration..............................            383,538             382,932

                   ..... Loans and Stipends......................            714,066             832,369

      Sec. 3.  The Office of Lieutenant Governor.

             For the support of the Office of the Lieutenant Governor                         $569,598  $612,057

 


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

ê2017 Statutes of Nevada, Page 2634 (Chapter 396, AB 518)ê

 

                                                                                        2017-2018          2018-2019

      Sec. 4.  The Office of Attorney General.

             For the support of the:

                   Attorney General Administration Budget Account        $2,662,558  $4,080,090

                   Special Litigation Account................         1,903,996         1,893,112

                   Medicaid Fraud Control Unit............                    100                     100

                   Crime Prevention................................            418,249             431,383

                   Office of the Extradition Coordinator                                    498,971  506,056

                   Bureau of Consumer Protection......            668,259             674,629

                   Advisory Council for Prosecuting Attorneys                                 100  100

                   Grants Unit...........................................              53,979               56,095

      Sec. 5.  The Office of Secretary of State.

             For the support of the:

                   Office of the Secretary of State.......    $16,945,163     $17,096,838

                   HAVA Election Reform.....................            984,785         1,047,319

      Sec. 6.  The Office of State Treasurer.

             For the support of the Office of the State Treasurer                $933,822  $984,469

      Sec. 7.  The Office of State Controller.

             For the support of the Office of the State Controller            $5,361,281  $5,071,621

      Sec. 8.  Department of Administration.

             For the support of the:

                   Merit Award Board.............................              $1,424               $1,424

                   National Judicial College and National Council of Juvenile and Family Court Judges       225,000......................................................... 200,000

                   Administrative Services.....................              95,010               95,087

                   State Library........................................         2,664,127         2,747,067

                   Archives and Public Records............         1,531,640         1,558,902

                   State Public Works Division - Facility Condition and Analysis          357,091    364,456

                   Office of Grant Procurement, Coordination and Management         697,379    711,583

      Sec. 9.  Department of Taxation.

             For the support of the Department of Taxation                  $32,081,420  $32,514,805

      Sec. 10.  Legislative Fund.

             For the support of the:

                   Legislative Commission.....................          $281,388          $192,661

                   Audit Division......................................         3,627,253         3,772,110

                   Administrative Division.....................         9,745,266       10,041,372

                   Legal Division......................................         9,899,672         9,500,591

                   Research Division...............................         4,986,682         5,023,038

                   Fiscal Analysis Division.....................         3,913,124         4,032,651

                   Interim Legislative Operations.........            862,683             723,871

 


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

ê2017 Statutes of Nevada, Page 2635 (Chapter 396, AB 518)ê

 

                                                                                        2017-2018          2018-2019

      Sec. 11.  Supreme Court of Nevada.

             For the support of the:

                   Specialty Court....................................      $3,343,971       $3,583,971

                   Supreme Court of Nevada................         5,958,770         5,554,845

                   Supreme Court Law Library.............         1,866,978         2,000,022

                   Judicial Programs and Services Division                                743,239  769,800

                   Judicial Retirement System State Share                             1,598,389  1,738,217

                   Senior Justice and Senior Judge Program                               985,123  989,552

                   Judicial Selection.................................              15,349               15,349

                   State Judicial Elected Officials.........      22,286,565       22,657,466

                   Court of Appeals.................................         2,373,186         2,215,581

      Sec. 12.  Commission on Judicial Discipline.

             For the support of the Commission on Judicial Discipline                         $906,100  $930,336

      Sec. 13.  Governor’s Office of Economic Development.

             For the support of the:

                   Governor’s Office of Economic Development                $7,894,440  $7,833,304

                   Rural Community Development.....            177,401             176,129

                   Procurement Outreach Program.......            126,032             124,717

                   Knowledge Account...........................         5,000,000         5,000,000

                   Workforce Innovations for a New Nevada Account                           3,500,000 4,500,000

      Sec. 14.  Department of Tourism and Cultural Affairs.

             For the support of the:

                   Museums and History Administration                                 $449,558  $452,406

                   Nevada Historical Society, Reno.....            279,785             284,490

                   Nevada State Museum, Carson City                                      663,568  680,695

                   Nevada State Museum, Las Vegas.            674,083             686,484

                   Lost City Museum..............................            177,463             187,652

                   Nevada State Railroad Museums....            426,702             443,441

                   Nevada Arts Council..........................            483,753             491,955

                   Nevada Humanities...........................            100,000             100,000

                   Nevada Indian Commission.............            219,134             226,182

                   Stewart Indian School Living Legacy                                     162,280  168,358

      Sec. 15.  Department of Education.

             For the support of the:

                   Office of the Superintendent............      $1,530,838       $1,575,526

                   Parental Involvement and Family Engagement                   130,703  134,742

                   Office of Early Learning and Development                       5,933,173  8,062,039

                   Literacy Programs...............................            290,213             292,612

 


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

ê2017 Statutes of Nevada, Page 2636 (Chapter 396, AB 518)ê

 

                                                                                        2017-2018          2018-2019

                   Student and School Support.............          $858,294          $878,609

                   Standards and Instructional Support                                  1,099,613  1,089,380

                   District Support Services....................            825,317             858,486

                   Career and Technical Education.....            688,233             688,233

                   Educator Licensure.............................                    100                     100

                   Continuing Education........................            624,489             630,670

                   Individuals with Disabilities Education Act                           129,828  153,922

                   Assessments and Accountability.....      19,478,078       20,364,592

                   Educator Effectiveness......................            441,262             446,540

                   Data Systems Management.............         2,590,607         2,630,768

                   Safe and Respectful Learning..........            478,817             482,856

                   Account for Alternative Schools......              89,732               93,449

      Sec. 16.  Nevada System of Higher Education.

             For the support of the:

                   System Administration......................      $4,698,934       $4,699,648

                   Performance Funding Pool................                         0       91,266,734

                   State-Funded Perkins Loan...............              35,793               35,793

                   System Computing Center................      18,129,136       18,144,662

                   University Press...................................            428,827             428,755

                   Special Projects...................................         2,007,284         2,007,196

                   Business Center North........................         2,029,238         2,047,710

                   Business Center South.......................         1,851,623         1,875,147

                   University of Nevada, Reno.............    116,418,951       93,264,439

                   UNR – Intercollegiate Athletics........         5,388,775         5,399,397

                   Education for Dependent Children..                         0                     649

                   UNR – Statewide Programs...............         8,176,211         8,191,741

                   Agricultural Experiment Station.......         5,312,786         5,327,446

                   Cooperative Extension Service........         3,593,642         3,610,595

                   UNR – School of Medicine...............      36,131,618       36,008,436

                   Health Laboratory and Research....         1,689,538         1,698,181

                   University of Nevada, Las Vegas....    163,103,807     130,523,395

                   UNLV – School of Medicine.............      21,767,637       30,194,988

                   UNLV – Intercollegiate Athletics.....         7,800,818         7,800,604

                   UNLV – Statewide Programs............         3,717,931         3,717,851

                   UNLV Law School..............................         9,762,787         9,791,110

                   UNLV Dental School..........................         9,164,796         9,104,290

                   Great Basin College............................      13,464,072       11,316,385

                   Nevada State College.........................      15,886,947       12,799,449

                   Desert Research Institute...................         6,987,077         7,226,777

                   College of Southern Nevada.............      95,055,743       78,034,192

                   Western Nevada College...................      13,506,691       11,209,907

                   Truckee Meadows Community College                           33,844,452  27,919,169

                   Silver State Opportunity Grant Program                             5,000,000  5,000,000

 


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

ê2017 Statutes of Nevada, Page 2637 (Chapter 396, AB 518)ê

 

                                                                                        2017-2018          2018-2019

      Sec. 17.  Department of Health and Human Services.

             For the support of the:

                   Health and Human Services Administration                   $1,368,409  $1,385,330

                   Grants Management Unit..................              42,837                 6,381

                   Office of the State Public Defender.         2,030,511         2,034,389

                   Consumer Health Assistance............            207,968             202,998

                   State Council on Developmental Disabilities                        177,301  177,165

                   Division of Health Care Financing and Policy:

                          Nevada Medicaid.........................    654,979,393     710,691,426

                          Health Care Financing and Policy Administration                         25,872,049     27,343,951

                          Nevada Check-Up Program.......            567,992             580,687

                   Aging and Disability Services Division:

                          Federal Programs and Administration                          6,650,508  5,668,055

                          Home- and Community-Based Services                   21,092,364  21,176,244

                          Early Intervention Services.........      29,695,236       31,531,031

                          Desert Regional Center................      68,615,298       74,510,899

                          Sierra Regional Center.................      25,416,100       26,718,913

                          Rural Regional Center.................      10,607,466       11,177,739

                          Family Preservation Program.....         1,636,416         1,664,092

                   Division of Child and Family Services:

                          Community Juvenile Justice Services                           4,150,923  3,130,681

                          UNITY/SACWIS..........................         3,876,006         3,930,647

                          Children, Youth and Family Administration               5,750,485  5,868,765

                          Nevada Youth Training Center..         7,048,877         7,181,690

                          Caliente Youth Center.................         8,538,815         8,752,414

                          Rural Child Welfare.....................         8,027,310         7,816,198

                          Youth Alternative Placement.....         2,184,481         2,184,481

                          Youth Parole Services..................         3,182,669         3,170,495

                          Northern Nevada Child and Adolescent Services                           3,264,290 3,521,336

                          Clark County Child Welfare ......      51,856,177       53,211,543

                          Washoe County Child Welfare .      17,047,827       17,206,072

                          Southern Nevada Child and Adolescent Services                           10,718,639     11,070,957

                          Summit View Youth Center .......         7,126,949         5,959,295

 


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

ê2017 Statutes of Nevada, Page 2638 (Chapter 396, AB 518)ê

 

                                                                                        2017-2018          2018-2019

             Division of Public and Behavioral Health:

                   Public Health:

                          Office of Health Administration      $3,382,152       $3,179,228

                          Maternal, Child and Adolescent Health Services                           1,217,601 1,219,860

                          Community Health Services......         1,505,862         1,556,697

                          Emergency Medical Services......            687,977             696,019

                          Immunization Program...............            668,786             668,786

                          Biostatistics and Epidemiology..            303,191             308,879

                   Behavioral Health:

                          Behavioral Health Administration                                3,301,799  3,431,769

                          Southern Nevada Adult Mental Health Services                            76,397,739     78,064,754

                          Northern Nevada Adult Mental Health Services                            24,974,633     24,299,063

                          Facility for the Mental Offender      11,332,985       11,453,702

                          Rural Clinics..................................      10,687,827       11,568,931

                          Behavioral Health Prevention and Treatment            6,441,166  6,441,313

                   Division of Welfare and Supportive Services:

                          Welfare Administration...............      11,667,403       11,770,371

                          Welfare Field Services..................      35,620,005       36,391,426

                          Assistance to Aged and Blind.....      10,068,633       10,564,945

                          Temporary Assistance for Needy Families                24,607,702  24,607,702

                          Child Assistance and Development                               2,580,421  2,580,421

      Sec. 18.  Office of the Military.

             For the support of the:

                   Office of the Military.........................      $3,733,044       $3,688,032

                   National Guard Benefits....................              57,824               57,824

                   Patriot Relief Fund..............................            116,925             116,925

      Sec. 19.  Department of Veterans Services.

             For the support of the Office of Veterans Services               $1,821,248  $1,921,397

             Northern Nevada Veterans Home Account                                 226,588  5,324,895

      Sec. 20.  Department of Corrections.

             For the support of the:

                   Office of the Director.........................    $32,189,932     $33,071,907

                   Medical Care.......................................      44,449,652       45,516,519

                   Correctional Programs.......................         7,243,384         7,388,076

                   Southern Nevada Correctional Center                                   232,420  232,401

                   Southern Desert Correctional Center                                 24,993,794  25,514,067

 


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

ê2017 Statutes of Nevada, Page 2639 (Chapter 396, AB 518)ê

 

                                                                                        2017-2018          2018-2019

                   Nevada State Prison...........................            $81,713             $82,348

                   Northern Nevada Correctional Center                              28,793,598  29,469,375

                   Warm Springs Correctional Center..      11,394,371       11,589,690

                   Ely State Prison...................................      27,840,491       28,536,182

                   Lovelock Correctional Center..........      25,443,811       26,000,345

                   Florence McClure Women’s Correctional Center           15,342,983  16,683,389

                   Stewart Conservation Camp............         1,696,305         1,735,048

                   Ely Conservation Camp....................         1,368,913         1,400,204

                   Humboldt Conservation Camp.......         1,391,342         1,373,037

                   Three Lakes Valley Conservation Camp                           2,726,349  2,808,892

                   Jean Conservation Camp..................         1,611,101         1,659,570

                   Pioche Conservation Camp..............         1,840,080         1,828,472

                   Carlin Conservation Camp...............         1,390,198         1,405,148

                   Wells Conservation Camp................         1,341,907         1,360,512

                   Silver Springs Conservation Camp..                 3,616                 3,677

                   Tonopah Conservation Camp.........         1,344,123         1,385,060

                   Northern Nevada Transitional Housing                                 574,050  582,743

                   High Desert State Prison....................      51,913,969       53,105,110

                   Casa Grande Transitional Housing.         3,171,662         3,223,262

      Sec. 21.  Department of Business and Industry.

             For the support of the:

                   Business and Industry Administration                                 $118,984  $120,088

                   Office of Business and Planning......            301,828             315,917

                   Division of Financial Institutions.....                    100                     100

                   Real Estate Administration...............            709,878             822,262

                   Office of Labor Commissioner........         1,783,820         1,924,111

      Sec. 22.  State Department of Agriculture.

             For the support of the:

                   Agriculture Administration................          $116,779             $40,000

                   Plant Health and Quarantine Services                                1,199,565  610,582

                   Veterinary Medical Services.............         1,164,373         1,159,493

                   Predatory Animal and Rodent Control                                  777,440  789,470

                   Nutrition Education Programs..........            127,585             127,419

                   Livestock Enforcement.....................            197,335             202,887

                   Commodity Foods Distribution........              98,398               98,398

      Sec. 23.  State Department of Conservation and Natural Resources.

             For the support of the:

                   Conservation and Natural Resources Administration                          $959,176  $990,862

                   Division of State Parks.......................      11,752,498         8,740,162

                   Nevada Tahoe Regional Planning Agency                                 1,319  1,319

 


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

ê2017 Statutes of Nevada, Page 2640 (Chapter 396, AB 518)ê

 

                                                                                        2017-2018          2018-2019

                   Division of Forestry............................      $6,601,546       $6,821,796

                   Forest Fire Suppression......................         2,500,000         2,500,000

                   Forestry Conservation Camps..........         6,061,042         6,249,949

                   Wildland Fire Protection Program ...              50,000               50,000

                   Division of Water Resources.............         7,045,764         7,084,694

                   Division of State Lands.....................         1,435,121         1,505,949

                   Conservation Districts Program........            591,082             598,491

                   Office of Historic Preservation.........            458,979             494,309

                   Comstock Historic District................            193,968             195,990

      Sec. 24.  Tahoe Regional Planning Agency.

             For the support of the Tahoe Regional Planning Agency                           $1,783,420     $1,783,420

      Sec. 25.  Department of Wildlife.

             For the support of the:

                   Law Enforcement...............................            $58,721             $58,722

                   Fisheries Management.......................            150,918             150,918

                   Game Management...........................              71,404               71,404

                   Diversity Division................................            461,245             461,244

                   Conservation Education....................              96,036               96,113

      Sec. 26.  Department of Employment, Training and Rehabilitation.

             For the support of the:

                   Nevada Equal Rights Commission..      $1,450,304       $1,421,066

                   Bureau of Vocational Rehabilitation                                  2,847,361  2,824,461

                   Bureau of Services to Persons Who Are Blind or Visually Impaired       383,593    396,878

                   Commission on Postsecondary Education                            375,749  387,903

      Sec. 27.  Department of Motor Vehicles.

             For the support of the:

                   Division of Field Services...................            $23,460             $23,460

                   Division of Central Services and Records                                13,076  13,194

      Sec. 28.  Department of Public Safety.

             For the support of the:

                   Training Division.................................          $850,645          $841,123

                   Justice Grant........................................            312,881             322,899

                   Nevada Highway Patrol Division.....              17,834               17,834

                   Dignitary Protection............................         1,090,708         1,067,050

                   Investigation Division........................         6,462,146         6,078,658

                   Division of Emergency Management                                     784,493  452,646

                   State Board of Parole Commissioners                                2,898,060  2,864,017

                   Division of Parole and Probation.....      50,862,806       50,261,523

                   Central Repository for Nevada Records of Criminal History             100      100

                   Child Volunteer Background Checks                                     $15,087  $15,087

 


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

ê2017 Statutes of Nevada, Page 2641 (Chapter 396, AB 518)ê

 

                                                                                        2017-2018          2018-2019

                   State Fire Marshal...............................            301,272             323,243

                   Homeland Security.............................            168,900             170,262

                   Nevada Office of Cyber Defense Coordination                   398,870  478,083

      Sec. 29.  Commission on Ethics.

             For the support of the Commission on Ethics                           $227,815  $231,010

      Sec. 30.  The following sums are hereby appropriated from the State Highway Fund for the purposes expressed in this section for Fiscal Year 2017-2018 and Fiscal Year 2018-2019:

             Department of Motor Vehicles:

                   Office of the Director.........................      $2,568,646       $2,804,818

                   Administrative Services Division......         6,285,207         6,177,533

                   Hearings Office...................................         1,244,834         1,250,908

                   Automation..........................................         4,880,983         5,086,526

                   Division of Field Services...................      19,948,182       21,849,163

                   Division of Compliance Enforcement                                 4,721,851  4,770,871

                   Division of Central Services and Records                           4,407,472  4,566,882

                   Division of Management Services and Programs             1,518,761  1,538,787

                   Motor Carrier Division.......................         2,609,863         2,688,899

                   System Modernization.......................      17,988,681       19,274,809

             Department of Public Safety:

                   Training Division.................................      $1,189,663       $1,180,081

                   Nevada Highway Patrol Division.....      70,231,494       71,087,094

                   Highway Safety Plan and Administration                             270,498  282,842

                   Investigation Division........................            403,043             376,370

                   State Emergency Response Commission                               273,406  270,516

                   Highway Safety Grants Account.....              47,314               47,258

             Department of Business and Industry:

                   Transportation Authority..................      $2,531,758       $2,465,352

             Legislative Fund:

                   Legislative Commission.....................              $5,000               $5,000

      Sec. 31.  1.  Except as otherwise provided in subsection 3, the sums appropriated in this act must be:

      (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive; and

      (b) Work-programmed for the two separate fiscal years of the 2017-2019 biennium, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Director of the Office of Finance in the Office of the Governor and in accordance with the provisions of the State Budget Act.

      2.  Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

 


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

ê2017 Statutes of Nevada, Page 2642 (Chapter 396, AB 518)ê

 

      3.  Pursuant to law, sums appropriated for the support of the Supreme Court of Nevada and the Legislative Fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive.

      Sec. 32.  The sums appropriated to:

      1.  Forest Fire Suppression;

      2.  National Guard Benefits;

      3.  Maternal Child Health Services;

      4.  Immunization Program;

      5.  Welfare Administration;

      6.  Welfare Field Services Account;

      7.  Temporary Assistance for Needy Families;

      8.  Assistance to Aged and Blind;

      9.  Child Assistance and Development;

      10.  Nevada Medicaid;

      11.  Health Care Financing and Policy Administration;

      12.  Nevada Check-Up Program;

      13.  Rural Child Welfare;

      14.  Attorney General’s Special Litigation Account;

      15.  Attorney General’s Office of the Extradition Coordinator;

      16.  Commission on Ethics;

      17.  Clark County Child Welfare;

      18.  Washoe County Child Welfare;

      19.  Child Volunteer Background Checks;

      20.  High Level Nuclear Waste;

      21.  Department of Motor Vehicle’s System Modernization; and

      22.  Department of Education’s Assessments and Accountability,

Ê are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 33.  The sums appropriated to Nevada Medicaid and Health Care Financing and Policy Administration within the Division of Health Care Financing and Policy, and the Desert Regional Center, Rural Regional Center and Sierra Regional Center within the Aging and Disability Services Division of the Department of Health and Human Services by section 17 of this act may be transferred among the accounts for the purpose of implementing a managed care program for the populations of persons who are aged, blind or disabled with the approval of the Interim Finance Committee upon the recommendation of the Governor. Before submitting to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services an amendment to the State Plan for Medicaid established pursuant to NRS 422.063 to implement a program of managed care for the populations of persons who are aged, blind or disabled, the Department of Health and Human Services, on behalf of the Division of Health Care Financing and Policy and the Aging and Disability Services Division, shall submit to the Interim Finance Committee an analysis of the fiscal impact of transitioning to and implementing such a program.

      Sec. 34.  It is the intent of the Legislature that the sums appropriated in section 17 of this act for Early Intervention Services in the Aging and Disability Services Division of the Department of Health and Human Services shall be expended in order to continue the service delivery model approved by the 2015 Legislature in which the caseload is divided between the state and community providers, and each is reimbursed according to the methods in place during the 2015-2017 biennium.

 


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

ê2017 Statutes of Nevada, Page 2643 (Chapter 396, AB 518)ê

 

the state and community providers, and each is reimbursed according to the methods in place during the 2015-2017 biennium.

      Sec. 35.  Of the amounts appropriated to the Governor’s Office of Science, Innovation and Technology pursuant to section 2 of this act, $1,000,000 in Fiscal Year 2017-2018 and $1,000,000 in Fiscal Year 2018-2019 to fund broadband development and improvements for schools and libraries, are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for broadband development and improvements for schools and libraries.

      Sec. 36.  Of the amounts appropriated to the Department of Motor Vehicles pursuant to section 30 of this act, $2,000,000 in Fiscal Year 2017-2018 and $2,000,000 in Fiscal Year 2018-2019 to fund credit card fees within the Division of Administrative Services, are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay credit card fees as approved by the Legislature.

      Sec. 37.  The sums appropriated to the Northern Nevada Adult Mental Health Services and the Southern Nevada Adult Mental Health Services, within the Division of Public and Behavioral Health of the Department of Health and Human Services, pursuant to section 17 of this act may be transferred within each budget from Fiscal Year 2018-2019 to Fiscal Year 2017-2018, in an amount not to exceed $2,750,000, with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to offset the loss of Medicaid pass-through revenues projected for Fiscal Year 2017-2018.

      Sec. 38.  1.  Of the amounts appropriated to the Governor’s Finance Office pursuant to section 2 of this act to Special Appropriations, a total of $25,000 in Fiscal Year 2017-2018 is intended to support Civil Air Patrol operations. The sums appropriated to the Civil Air Patrol are available through Fiscal Year 2020-2021.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 39.  1.  Of the amounts appropriated to the Governor’s Finance Office pursuant to section 2 of this act to Special Appropriations, a total of $497,625 in Fiscal Year 2017-2018 and a total of $306,690 in Fiscal Year 2018-2019 is a loan to the Division of Enterprise Information Technology Services of the Department of Administration to enhance the state’s cyber security resources.

      2.  Commencing on July 1, 2018, for the Fiscal Year 2017-2018 loan amount and on July 1, 2019, for the Fiscal Year 2018-2019 loan amount, the Division of Enterprise Information Technology Services of the Department of Administration shall repay in annual installments 25 percent of the amounts appropriated to the State Treasurer for deposit to the State General Fund.

 


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

ê2017 Statutes of Nevada, Page 2644 (Chapter 396, AB 518)ê

 

Division of Enterprise Information Technology Services of the Department of Administration shall repay in annual installments 25 percent of the amounts appropriated to the State Treasurer for deposit to the State General Fund.

      Sec. 40.  1.  Of the amounts appropriated to the Department of Administration pursuant to section 2 of this act to Special Appropriations, a total of $1,998,895 in Fiscal Year 2017-2018 is a loan to the Division of Enterprise Information Technology Services to increase the bandwidth and connectivity of the State’s wide area network.

      2.  Commencing on July 1, 2018, the Division of Enterprise Information Technology Services of the Department of Administration shall repay in annual installments 25 percent of the amounts appropriated to the State Treasurer for deposit to the State General Fund.

      Sec. 41.  1.  Notwithstanding the provisions of section 75 of chapter 534, Statutes of Nevada 2015, at page 3688, any portion of the appropriation made to the Office of the Secretary of State for the 2015-2017 biennium to finance the replacement of the existing Electronic Secretary of State (ESOS) software and hardware that is remaining at the end of Fiscal Year 2016-2017, less the sum of $2,400,000, does not revert to the State General Fund, must be carried forward to Fiscal Year 2017-2018 and is hereby authorized for use in Fiscal Year 2017-2018 to fund the expenses related to the replacement of the existing Electronic Secretary of State (ESOS) software and hardware. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to carry forward money pursuant to this section.

      2.  The remaining balance of the money described in subsection 1 is available for both Fiscal Year 2017-2018 and 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the ESOS system replacement as approved by the Legislature.

      Sec. 42.  Of the amounts appropriated to the Federal Programs and Administration budget within the Aging and Disability Services Division, Department of Health and Human Services, pursuant to section 17 of this act, $1,181,293 in Fiscal Year 2017-2018 to support equipment for home-delivered meals programs, is available for both Fiscal Year 2017-2018 and 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount transferred must be used to support home-delivered meals programs as approved by the Legislature.

      Sec. 43.  Of the amounts appropriated by sections 2 to 30, inclusive, of this act, the amounts appropriated in both Fiscal Year 2017-2018 and Fiscal Year 2018-2019 to finance deferred maintenance projects approved within agency budgets are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019 and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the deferred maintenance as approved by the Legislature.

 


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ê2017 Statutes of Nevada, Page 2645 (Chapter 396, AB 518)ê

 

      Sec. 44.  Of the amounts appropriated to the Conservation and Natural Resources Administration of the State Department of Conservation and Natural Resources pursuant to section 23 of this act, $185,000 in Fiscal Year 2017-2018 and $185,000 in Fiscal Year 2018-2019 to fund contract services to update the Conservation Credit System Manual and Nevada’s Scientific Methods Document and Habitat Quantification Tool, are available in both Fiscal Year 2017-2018 and 2018-2019, and may be transferred within the same budget from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 45.  Of the amounts appropriated to the Division of State Parks of the State Department of Conservation and Natural Resources, pursuant to section 23 of this act, $3,337,900 in Fiscal Year 2017-2018 to fund construction and maintenance projects are available for both Fiscal Year 2017-2018 and 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for construction and maintenance projects as approved by the 2017 Legislature.

      Sec. 46.  Of the amounts appropriated to the Department of Corrections pursuant to section 20 of this act, $4,785,000 in Fiscal Year 2017-2018 and $6,351,000 in Fiscal Year 2018-2019, to fund the contract costs to provide housing for inmates out of state, are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon recommendation of the Governor.

      Sec. 47.  Any remaining balance of the $1,000,000 State General Fund appropriation approved by the 2015 Legislature for sagebrush habitat improvement projects does not revert to the State General Fund.

      Sec. 48.  The balance of any remaining monies at the end of Fiscal Year 2016-2017 received by the Administrator of the Securities Division in the Office of the Secretary of State as the result of an enforcement action relating to securities, pursuant to NRS 90.630 and NRS 90.650, must be reverted to the State General Fund not later than September 15, 2017.

      Sec. 49.  Any money remaining in the Catalyst Account created by NRS 231.1573 and the Knowledge Account created by NRS 231.1592 at the end of Fiscal Year 2016-2017 and any remaining portion of any appropriations made to the Catalyst Account or the Knowledge Account for the 2015-2017 biennium do not revert to the State General Fund. The balance in those Accounts and any portion of appropriations remaining at the end of Fiscal Year 2016-2017 must be carried forward to Fiscal Year 2017-2018. Any balance in those Accounts and any portion of appropriations made to those Accounts remaining at the end of Fiscal Year 2017-2018 and Fiscal Year 2018-2019, respectively, must be carried forward.

      Sec. 50.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $2,067,036 for Fiscal Year 2018-2019 for allocation to the Northern Nevada Veterans Home Account, for vendor services related to contracting with a health management company to operate the home. Money appropriated pursuant to this section can only be allocated by the Interim Finance Committee upon submittal by the Nevada Department of Veterans Services of an analysis demonstrating the need for the funds in Fiscal Year 2018-2019 and a plan for the utilization of the funding.

 


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ê2017 Statutes of Nevada, Page 2646 (Chapter 396, AB 518)ê

 

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 51.  1.  The sums appropriated to the Legislative Fund by section 10 of this act for the support of the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, and may be transferred among the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations and from one fiscal year to the other with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.

      2.  The sums appropriated for the support of salaries and payroll costs must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.

      Sec. 52.  Except as otherwise provided in this section, the total sums appropriated by section 17 of this act to each of the accounts of the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services of the Department of Health and Human Services enumerated in section 32 of this act, except for the sums appropriated for the Health Care Financing and Policy Administration, Assistance to Aged and Blind, Welfare Administration and the Welfare Field Services accounts, are limits. The Division of Health Care Financing and Policy or Division of Welfare and Supportive Services shall not request additional money for these programs, except for:

      1.  Increased State costs in Fiscal Year 2018-2019 in the event that federal financial participation rates are less than the legislatively approved amounts effective on October 1, 2017;

      2.  Costs related to additional services mandated by the Federal Government on or after October 1, 2017, and which are not specifically funded in the Nevada Medicaid account in Fiscal Year 2017-2018 and Fiscal Year 2018-2019;

      3.  Costs related to the Medicaid county match and waiver populations that exceed the 8 cent county reimbursement cap established pursuant to NRS 428.285;

      4.  Increased State costs in Fiscal Year 2017-2018 and Fiscal Year 2018-2019, in the event that the annual allocation of federal Temporary Assistance for Needy Families (TANF) block grant funds is lower than the amounts approved by the Legislature for either fiscal year; and

      5.  Increased State costs in Fiscal Year 2017-2018 and Fiscal Year 2018-2019 due to federal changes in the payment structure of Nevada Medicaid or the Nevada Check-Up Program.

      Sec. 53.  Except as otherwise provided in this section, the sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services, Clark County Child Welfare and Washoe County Child Welfare accounts by section 17 of this act for the purpose of providing block grant allocations to agencies which provide child welfare services in a county whose population is 100,000 or more, are limits.

 


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ê2017 Statutes of Nevada, Page 2647 (Chapter 396, AB 518)ê

 

services in a county whose population is 100,000 or more, are limits. The Division shall not request additional sums for these programs, except that the Division may request additional sums for the adoption assistance programs established in NRS 432B.219.

      Sec. 54.  The sums appropriated to the Division of Welfare and Supportive Services of the Department of Health and Human Services by section 17 of this act may be transferred among the various budget accounts of the Division of Welfare and Supportive Services with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 55.  The sums appropriated to Nevada Medicaid and the Nevada Check-Up Program by section 17 of this act may be transferred between each budget account with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 56.  The sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services for the Summit View Youth Center, Caliente Youth Center and the Nevada Youth Training Center pursuant to section 17 of this act may be transferred between each budget account with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 57.  1.  The Department of Health and Human Services may, with the approval of the Interim Finance Committee upon the recommendation of the Governor, transfer from the various Divisions of the Department to an account which is hereby created within the State General Fund any excess money available to the Divisions as a result of savings from not providing health and related services, including, without limitation, savings recognized by using a different source of funding to pay the providers of services if the persons previously served by a Division no longer require the provision of services from the Division of the Department.

      2.  Any money transferred to the account created by subsection 1, to the extent approved by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services and authorized by the State Plan for Medicaid, must:

      (a) Be used to pay administrative and related costs and the State’s share of the cost for the expansion of the upper payment limit program as provided in this section.

      (b) After being used to satisfy the requirements of paragraph (a), be reserved for reversion to the State General Fund and must be reverted to the State General Fund at the end of each fiscal year of the 2017-2019 biennium.

      Sec. 58.  The sums appropriated to the Aging and Disability Services Division of the Department of Health and Human Services for the Desert Regional Center, Sierra Regional Center and Rural Regional Center pursuant to section 17 of this act may be transferred between each budget account for Residential Support, Family Support/Respite and Jobs and Day Training services with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 59.  1.  There is hereby appropriated from the State General Fund the sum of $1,392,066 in Fiscal Year 2017-2018 to the Interim Finance Committee for allocation to the Home and Community-Based Services account for the costs of services provided by the Autism Treatment Assistance Program within the Aging and Disability Services Division of the Department of Health and Human Services.

 


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ê2017 Statutes of Nevada, Page 2648 (Chapter 396, AB 518)ê

 

      2.  Money appropriated pursuant to subsection 1 may be allocated to the Department of Health and Human Services, Aging and Disability Services Division, Home and Community-Based Services account, Autism Treatment Assistance Program, with the approval of the Interim Finance Committee upon the recommendation of the Governor, upon submittal of documentation indicating a sufficient number of providers is available to provide treatment to additional children diagnosed with an autism spectrum disorder in Fiscal Year 2017-2018 or Fiscal Year 2018-2019.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 60.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $516,779 for allocation to the Rural Child Welfare account of the Division of Child and Family Services of the Department of Health and Human Services for Fiscal Year 2018-2019 to fund specialized foster care provider payments. Money appropriated pursuant to this section can only be allocated by the Interim Finance Committee upon submittal by the Division of Child and Family Services of an analysis demonstrating the need for the funds and a plan for the utilization of the funding.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 61.  1.  Except as otherwise provided in subsections 2 and 3, the sums appropriated to the Department of Corrections by section 20 of this act may be transferred among the various budget accounts of the Department of Corrections in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.

      2.  Appropriations for deferred maintenance projects pursuant to section 43 of this act are excluded from the provisions of this section.

      3.  Appropriations for the purpose of funding a contract to provide housing for inmates out of state pursuant to section 20 of this act are excluded from the provisions of this section.

      Sec. 62.  The sums appropriated to any division, agency or section of any department of State Government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the Interim Finance Committee upon the recommendation of the Governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings.

 


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ê2017 Statutes of Nevada, Page 2649 (Chapter 396, AB 518)ê

 

amount budgeted for vacancy savings. Such transfers are also limited only to those activities which are supported by appropriations to the State General Fund or the State Highway Fund.

      Sec. 63.  The sums appropriated to the Western Interstate Commission for Higher Education by section 2 of this act may be transferred between each budget account of the Western Interstate Commission for Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 64.  The sums appropriated to the Nevada System of Higher Education by section 16 of this act may be transferred among the various budgets of the Nevada System of Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 65.  In addition to the requirements of NRS 353.225, for Fiscal Year 2017-2018 and Fiscal Year 2018-2019, the Board of Regents of the University of Nevada shall comply with any request by the Governor to set aside money from the appropriations made by this act in any specified amount.

      Sec. 66.  1.  Of the sums appropriated by section 16 of this act, any amounts used to match documented research grants in the Nevada System of Higher Education which are not committed for expenditure by June 30 of each fiscal year of the 2017-2019 biennium may be carried forward for a maximum of two fiscal years after which time any unexpended amounts revert to the State General Fund.

      2.  All money appropriated by section 16 of this act, other than the sums designated in subsection 1 to match documented research grants, is subject to the provisions of section 73 of this act.

      Sec. 67.  1.  The sum appropriated to the Performance Funding Pool account by section 16 of this act for Fiscal Year 2018-2019 may be transferred to the respective formula-funded budget accounts of the Nevada System of Higher Education in Fiscal Year 2018-2019 with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      2.  Any balance of money appropriated for Fiscal Year 2018-2019 but not transferred from the Performance Funding Pool account in Fiscal Year 2018-2019 pursuant to subsection 1 may be carried forward to Fiscal Year 2019-2020 for transfer to the respective formula-funded budget accounts in Fiscal Year 2019-2020 with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      3.  Any remaining balance of money appropriated for Fiscal Year 2018-2019 but not transferred from the Performance Funding Pool account in Fiscal Year 2018-2019 or Fiscal Year 2019-2020 may be carried forward to Fiscal Year 2020-2021 for transfer to the State-Funded Perkins Loan account in section 16 of this act in Fiscal Year 2020-2021 to be used for system-wide, need-based student financial aid with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 68.  1.  There is hereby appropriated from the State General Fund the sum of $683,656 in Fiscal Year 2017-2018 to the Interim Finance Committee for allocation to the Nevada System of Higher Education, to support the Nevada State Cloud Seeding program administered by the Desert Research Institute. The money appropriated by this subsection may be allocated to the Nevada System of Higher Education in either Fiscal Year 2017-2018 or Fiscal Year 2018-2019 with the approval of the Interim Finance Committee upon:

 


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ê2017 Statutes of Nevada, Page 2650 (Chapter 396, AB 518)ê

 

      (a) Recommendation of the Governor upon submittal to the Interim Finance Committee of a detailed expenditure plan for the Nevada State Cloud Seeding Program; and

      (b) A determination by the Interim Finance Committee that the plan and allocation are in the public interest.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 69.  It is the intent of the Legislature that the amounts appropriated by section 16 of this act for the Nevada System of Higher Education shall not be allocated by the Nevada System of Higher Education to support expenditures related to professional merit salary increases.

      Sec. 70.  There is hereby appropriated from the State General Fund the sum of $149,119 to the Public Employees’ Retirement Board to be expended for the administration of the Legislators’ Retirement System in Fiscal Year 2017-2018 and Fiscal Year 2018-2019.

      Sec. 71.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $370,235 in Fiscal Year 2017-2018 and the sum of $329,340 in Fiscal Year 2018-2019 for allocation to the Division of Parole and Probation of the Department of Public Safety to supplement funding for a pilot re-entry program. Money appropriated pursuant to this subsection may only be allocated by the Interim Finance Committee upon the recommendation of the Governor, and upon submittal of documentation demonstrating that additional resources are needed to support the program.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 72.  1.  The Non-State Retiree Rate Mitigation account is hereby created within the State General Fund. The Public Employees’ Benefits Program shall administer the account.

      2.  There is hereby appropriated from the State General Fund to the Non-State Retiree Rate Mitigation account created pursuant to subsection 1 the sums of $2,405,225 in Fiscal Year 2017-2018 and $1,807,304 in Fiscal Year 2018-2019.

      3.  In Fiscal Year 2017-2018, money appropriated pursuant to subsection 2 shall only be used for the purpose of funding 100 percent of the cost of reducing the participant premium of a retired public officer or retired employee of any county, school district or other local governmental agency whose coverage is provided through the Public Employees’ Benefits Program and whose coverage is not provided by an individual medical plan

 


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ê2017 Statutes of Nevada, Page 2651 (Chapter 396, AB 518)ê

 

offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., to equal the participant premium of a similarly participating, same plan and tier, state retired public officer or employee whose coverage is provided through the Public Employees’ Benefits Program and whose coverage is not provided by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

      4.  In Fiscal Year 2018-2019, money appropriated pursuant to subsection 2 shall only be used for the purpose of funding 75 percent of the cost of reducing the participant premium of a retired public officer or retired employee of any county, school district or other local governmental agency whose coverage is provided through the Public Employees’ Benefits Program and whose coverage is not provided by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., to equal the participant premium of a similarly participating, same plan and tier, state retired public officer or employee whose coverage is provided through the Public Employees’ Benefits Program and whose coverage is not provided by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

      5.  The sums appropriated by subsection 2 may be transferred to the Public Employees’ Benefits Program budget only for the purpose described in subsection 3 in Fiscal Year 2017-2018 and subsection 4 in Fiscal Year 2018-2019.

      6.  The sums appropriated by subsection 2 are available for both Fiscal Year 2017-2018 and Fiscal Year 2018-2019, 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.

      7.  Any remaining balance of the appropriation made by subsection 2 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 73.  1.  Except as otherwise provided by sections 49, 66, 67 and 70 of this act, any balances of the appropriations made in this act for Fiscal Year 2017-2018 and Fiscal Year 2018-2019 must not be committed for expenditure after June 30 of each fiscal year, respectively, 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 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and, except as otherwise provided in subsection 2, must revert to the fund from which appropriated on or before September 21, 2018, and September 20, 2019, of each fiscal year, respectively.

      2.  Any balance of the appropriations made to the Legislative Fund by sections 10 and 81 of this act does not revert to the State General Fund but constitutes a balance carried forward.

      Sec. 74.  The State Controller shall provide for the payment of claims legally obligated in each fiscal year of the 2017-2019 biennium on behalf of state agencies until the last business day of the August immediately following the end of each fiscal year.

 


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ê2017 Statutes of Nevada, Page 2652 (Chapter 396, AB 518)ê

 

following the end of each fiscal year. The State Controller shall process any transactions requested by the Director of the Office of Finance in the Office of the Governor from the previous fiscal period until the third Friday in September immediately following the end of the fiscal year.

      Sec. 75.  The State Controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the Legislature, and the amounts so transferred shall be deemed appropriated.

      Sec. 76.  The State Controller shall pay the annual salaries of Supreme Court Justices, Court of Appeals Judges, District Court Judges, the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer, the State Controller and the Attorney General in biweekly installments for each day worked up to and including the date of payment. The payment of a portion of the annual salaries of these officers at the end of a calendar year for the purpose of reconciling the amount of the salary paid during that calendar year with the amount of the salary set forth in statute for that office must not be made if it will result in the issuance of a separate check.

      Sec. 77.  1.  If the Director of the State Department of Conservation and Natural Resources determines that, because of delays in the receipt of revenue for services billed to the Federal Government, local governments and other state governments, the amount of current claims for expenses incurred in the suppression of fire or response to emergencies exceeds the amount of money available to pay such claims within 30 days, he or she may request from the Director of the Office of Finance in the Office of the Governor a temporary advance from the State General Fund to pay authorized expenses.

      2.  The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if he or she approves a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of such a notification.

      3.  An advance from the State General Fund:

      (a) May be approved by the Director of the Office of Finance in the Office of the Governor only for expenses incurred in the suppression of fires or response to emergencies charged to the budget account for forest fire suppression of the Division of Forestry of the State Department of Conservation and Natural Resources. Before approving the advance, the Director shall verify that billings for reimbursement have been sent to the agencies of the Federal Government, local governments or other state governments responsible for reimbursing the Division of Forestry for costs incurred in fire suppression or emergency response activities.

      (b) Is limited to the total due from outstanding billings for reimbursable expenses incurred in the suppression of fires or response to emergencies as approved for payment to the State by agencies of the Federal Government, local governments and other state governments.

      4.  Any money which is temporarily advanced from the State General Fund to the budget account for forest fire suppression pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.

      Sec. 78.  1.  If the Governor orders the Nevada National Guard into active duty as described in NRS 412.122 for an emergency as defined in subsection 1 of NRS 353.263 and the Adjutant General of the Nevada National Guard determines expenditures will be required, the Adjutant General may request from the Director of the Office of Finance in the Office of the Governor a temporary advance from the State General Fund for the payment of authorized expenses.

 


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ê2017 Statutes of Nevada, Page 2653 (Chapter 396, AB 518)ê

 

in the Office of the Governor a temporary advance from the State General Fund for the payment of authorized expenses.

      2.  The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Office of Finance in the Office of the Governor.

      3.  An advance from the State General Fund:

      (a) Must be approved by the Director of the Office of Finance in the Office of the Governor for expenses incurred as a result of activation of the Nevada National Guard.

      (b) Is limited to $25,000 per activation as described in subsection 1.

      4.  Any money which is temporarily advanced from the State General Fund to an account pursuant to subsection 3 must be repaid as soon as possible, and must come from the Emergency Account established by NRS 353.263.

      Sec. 79.  1.  If projections of the ending balance of the State General Fund fall below the amount estimated by the 79th Session of the Nevada Legislature for Fiscal Year 2017-2018 or Fiscal Year 2018-2019, the Director of the Office of Finance in the Office of the Governor shall report this information to the State Board of Examiners.

      2.  If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $100,000,000 for Fiscal Year 2017-2018 or Fiscal Year 2018-2019, the Governor, pursuant to NRS 353.225, may direct the Director of the Office of Finance in the Office of the Governor to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.

      3.  A reserve must not be set aside pursuant to this section unless:

      (a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and

      (b) The Legislature or Interim Finance Committee approves the setting aside of the reserve.

      Sec. 80.  If the State of Nevada is required to make payment to the United States Treasury under the provisions of Public Law 101-453, the Cash Management Improvement Act of 1990, the State Controller, upon approval of the State Board of Examiners, may make such payments from the interest earnings of the State General Fund or interest earnings in other funds when interest on federal money has been deposited in those funds.

      Sec. 81.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $3,000,000 for the costs of the 79th Legislative Session.

      Sec. 82.  1.  This section and sections 41, 47, 48, 49, 73 and 81 of this act become effective upon passage and approval.

      2.  Sections 1 to 40, inclusive, 42 to 46, inclusive, 50 to 72, inclusive, and 74 to 80, inclusive, of this act become effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 2654ê

 

CHAPTER 397, SB 545

Senate Bill No. 545–Committee on Finance

 

CHAPTER 397

 

[Approved: June 5, 2017]

 

AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the State Government for the 2017-2019 biennium; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; requiring repayment of certain advances to state agencies; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the various officers, departments, boards, agencies, commissions and institutions of the State Government mentioned in this act:

                                                                                        2017-2018          2018-2019

Governor’s Office:

      High Level Nuclear Waste                                     $550,000            $550,000

      Washington Office                                                     259,434               259,434

      Office of Energy                                                     1,705,563           1,697,388

      Renewable Energy, Efficiency and Conservation Loan 1,007,726 1,041,507

      Renewable Energy Account                               13,476,411         12,422,956

      Office of Workforce Innovation:

             Office of Workforce Innovation                    $446,284            $426,216

             Nevada P20 Workforce Reporting                   125,000                           0

      Western Interstate Commission for Higher Education:

             Loans and Stipends                                          $411,304            $390,429

Commission on Ethics:

      Commission on Ethics                                            $653,436            $661,651

Attorney General’s Office:

      Office of the Extradition Coordinator                   $51,136               $51,136

      Attorney General Administration Budget Account 26,785,578 25,543,818

      Special Litigation Account                                    1,338,014           1,164,789

      Workers’ Compensation Fraud                            4,301,786           4,405,497

      Crime Prevention                                                          37,972                 37,972

      Medicaid Fraud Control Unit                               3,480,395           3,442,237

      Bureau of Consumer Protection                          5,843,970           5,256,998

      Grants Unit                                                               4,341,334           2,848,389

      Advisory Council for Prosecuting Attorneys         368,218               310,893

 


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

ê2017 Statutes of Nevada, Page 2655 (Chapter 397, SB 545)ê

 

                                                                                        2017-2018          2018-2019

      Victims of Domestic Violence                               $343,448            $345,799

      Forfeiture                                                                     185,427               163,752

      Attorney General Tort Claims Fund                    8,796,261           8,781,545

      National Settlement Administration                 24,014,617         17,781,384

      State Settlements                                                    5,459,328           4,821,432

Office of the State Controller:

      Controller’s Office                                                   $371,619            $396,619

      Debt Recovery Account                                           634,597               881,924

Office of the Secretary of State:

      Secretary of State                                                    $356,427            $306,796

Office of the State Treasurer:

      State Treasurer                                                      $2,151,635         $2,174,908

      Higher Education Tuition Administration             667,644               674,879

      Bond Interest and Redemption                       304,034,054       319,362,587

      Municipal Bond Bank Revenue                          7,548,780           6,428,030

      Municipal Bond Bank Debt Service                   7,724,445           6,603,370

      Millennium Scholarship Administration                370,922               380,360

      Nevada College Savings Trust                             4,220,813           4,272,299

      Endowment Account                                           10,989,827         16,266,557

      Unclaimed Property                                               2,234,060           2,282,913

Department of Administration:

      Director’s Office                                                       $800,822            $793,852

      Deferred Compensation Committee                      403,130               417,303

      Hearings Division                                                    5,007,056           5,017,368

      Insurance and Loss Prevention                         29,670,604         29,062,016

      Fleet Services Division                                           6,359,940           5,397,576

      Fleet Services Capital Purchase                           1,788,565           2,189,770

      Purchasing Division                                                4,256,410           4,196,229

      Victims of Crime                                                  15,978,980         14,621,426

      State Public Works Division – Administration      866,228               905,848

      State Public Works Division – Buildings and Grounds 17,255,346 17,797,913

      State Public Works Division – Engineering and Planning 5,645,818 5,934,565

      State Public Works Division – Marlette Lake    1,513,507           1,495,954

      State Unemployment Compensation                 2,092,807           2,041,469

      Human Resource Management                          9,672,268           9,735,442

      Administrative Services Division                         3,218,478           3,353,826

      Agency IT Services                                              10,526,546         10,401,188

      Office of Chief Information Officer                   1,725,182           1,616,896

      Computer Facility                                                18,210,061         18,875,178

      Data Communications and Network Engineering 6,386,982       6,867,001

      Telecommunications                                             3,265,504           3,144,291

      Network Transport Services                                  6,940,788           4,747,600

      Security                                                                     2,495,851           2,911,185

      State Library                                                            1,878,926           1,886,046

 


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

ê2017 Statutes of Nevada, Page 2656 (Chapter 397, SB 545)ê

 

                                                                                        2017-2018          2018-2019

      State Library – Archives and Public Records       $36,942               $36,942

      State Library – CLAN                                               436,653               443,812

      State Library – Mail Services                               7,450,447           7,485,545

      State Library – Mail Services Equipment              193,525               192,137

      State Library – IPS Equipment/ Software               58,289                 73,852

Supreme Court of Nevada:

      Administrative Office of the Courts                 $5,126,802         $4,271,761

      Judicial Programs and Services Division                421,206               421,206

      Uniform System of Judicial Records                  2,356,517           1,768,035

      Judicial Education                                                  1,292,029           1,219,633

      Judicial Support, Governance and Special Events 432,098             619,413

      Supreme Court                                                        6,103,744           6,043,212

      Specialty Court                                                       6,908,908           6,516,788

      Senior Justice and Senior Judge Program              507,380               502,966

      Supreme Court Law Library                                         2,032                   2,032

Department of Tourism and Cultural Affairs:

      Tourism Development Fund                            $31,482,991       $31,314,469

      Tourism Development                                              104,734               109,468

      Nevada Magazine                                                  1,346,893           1,308,960

      Museums and History Administration                   466,696               447,897

      Lost City Museum                                                     312,294               326,045

      Nevada Historical Society                                        349,117               354,866

      Nevada State Museum, Carson City                  1,065,294           1,089,748

      Nevada State Museum, Las Vegas                        956,641               974,281

      Nevada State Railroad Museums                           933,355               955,990

      Nevada Arts Council                                              2,170,856           2,154,363

      Nevada Indian Commission                                      77,753                 80,127

Governor’s Office of Economic Development:

      Governor’s Office of Economic Development  $834,172            $846,788

      Nevada Film Office                                                   764,752               798,829

      Rural Community Development                         2,615,872           2,616,036

      Procurement Outreach Program                              599,757               599,992

      Nevada SSBCI Program                                       4,313,543           2,638,127

      Nevada Catalyst Fund                                          4,312,118           2,201,618

      Nevada Knowledge Fund                                      7,113,632           6,214,554

Department of Taxation:

      Department of Taxation                                        $843,810            $851,195

      Marijuana Regulation and Control Account  34,450,113         38,331,013

Legislative Counsel Bureau:

      Legislative Counsel Bureau                                $1,041,554            $633,788

      State Printing Office                                               2,705,518           2,951,584

 


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

ê2017 Statutes of Nevada, Page 2657 (Chapter 397, SB 545)ê

 

                                                                                        2017-2018          2018-2019

Peace Officers’ Standards and Training Commission:

      Peace Officers’ Standards and Training Commission $2,509,778 $2,532,853

Department of Veterans Services:

      Office of Veterans Services                                $2,103,911         $2,133,184

      Southern Nevada Veterans Home Account    25,614,940         25,107,619

Department of Education:

      Educational Trust Account                                    $608,782            $644,442

      Career and Technical Education                       10,719,193         10,391,942

      Account for Alternative Schools                          7,813,811               161,948

      Achievement School District                                    126,778               127,035

      Gear Up                                                                    4,159,179           4,161,670

      Continuing Education                                            5,961,650           5,961,650

      Educator Licensure                                                3,900,073           3,331,016

      Office of Early Learning and Development    18,418,308         18,512,992

      Student and School Support                            144,248,029       144,248,029

      Individuals with Disabilities Education Act     78,812,571         78,816,513

      District Support Services                                           660,990               682,341

      Department Support Services                               4,466,111           4,224,646

      Data Systems Management                                    126,320               129,166

      Standards and Instructional Support                     347,837               346,950

      Educator Effectiveness                                       12,163,365         12,163,365

      Assessments and Accountability                         4,412,661           4,389,231

      Safe and Respectful Learning                              3,615,980           3,610,846

State Public Charter School Authority:

      State Public Charter School Authority           $14,095,020       $15,156,798

      Public Charter School Loan Program                     635,315               576,472

Nevada System of Higher Education:

      University of Nevada, Reno                          $106,005,495    $110,621,709

      UNR School of Medicine                                      6,631,440           6,879,919

      System Administration                                             226,344               226,344

      University of Nevada, Las Vegas                   120,914,939       124,784,875

      UNLV School of Medicine                                    1,656,000           2,790,000

      Agricultural Experiment Station                          1,710,261           1,710,261

      Cooperative Extension Service                            1,892,521           1,892,521

      Education for Dependent Children                           33,569                 16,501

      UNLV Law School                                                 4,814,128           4,814,128

      Great Basin College                                                4,356,885           4,561,711

      UNLV Dental School                                             8,754,162           8,939,402

      Nevada State College                                            8,162,758           8,827,642

      Desert Research Institute                                          148,486               148,486

      College of Southern Nevada                              45,904,912         47,719,732

      Western Nevada College                                       4,901,412           5,052,751

      Truckee Meadows Community College          13,712,616         14,261,887

Department of Health and Human Services:

      Office of the State Public Defender                  $1,285,295         $1,297,921

 


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

ê2017 Statutes of Nevada, Page 2658 (Chapter 397, SB 545)ê

 

                                                                                        2017-2018          2018-2019

      Health and Human Services Administration     $371,285            $385,999

      Developmental Disabilities                                       535,843               536,291

      Grants Management Unit                                   27,580,787         27,613,519

      Director’s Office – Problem Gambling                1,796,547           1,964,008

      Children’s Trust Account                                      1,222,720           1,376,793

      Consumer Health Assistance                               1,284,371           1,246,615

      Indigent Hospital Care                                        49,592,100         49,613,648

      Individuals with Disabilities Education Act Part C Compliance 3,799,269  3,800,297

      Upper Payment Limit Holding Account          11,124,793         13,056,427

Division of Health Care Financing and Policy:

      Intergovernmental Transfer Program          $178,830,776    $180,846,536

      Division of Health Care Financing and Policy Administration 138,159,803 140,360,354

             Increased Quality of Nursing Care             34,707,326         36,176,443

      Nevada Check-Up Program                               54,843,536         60,752,915

      Nevada Medicaid                                           2,968,466,023   3,096,824,392

Division of Public and Behavioral Health:

      Behavioral Health:

             Southern Nevada Adult Mental Health Services $11,029,899 $8,585,917

             Northern Nevada Adult Mental Health Services 4,816,068   4,501,362

             Behavioral Health Administration                   649,125               674,027

             Behavioral Health Prevention and Treatment 25,983,293  25,829,419

             Alcohol Tax Program                                      1,120,070           1,129,440

             Facility for the Mental Offender                       513,695               513,863

             Rural Clinics                                                      3,836,285           3,830,275

      Public Health:

             Radiation Control                                          $4,613,799         $4,172,626

             Low-Level Radioactive Waste Fund               220,572               220,572

             Child Care Services                                          1,879,990           1,983,040

             Nevada Central Cancer Registry                      807,157               769,312

             Health Statistics and Planning                       2,635,314           2,566,323

             Environmental Health Services                     2,331,702           2,263,319

             Immunization Program                                   6,011,766           5,788,021

             WIC Food Supplement                                 71,551,890         70,641,293

             Communicable Diseases                              29,401,419         29,841,860

             Health Care Facilities Regulation               18,004,971         15,489,285

             Health Care Facilities Administrative Penalty  53,600                 95,992

             Public Health Preparedness Program         11,570,881         11,381,578

             Chronic Disease                                                9,224,775           8,905,256

             Biostatistics and Epidemiology                     6,305,938           6,324,686

             Maternal, Child and Adolescent Health Services 7,378,117  7,378,100

             Office of Health Administration                   6,992,997           7,074,682

 


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

ê2017 Statutes of Nevada, Page 2659 (Chapter 397, SB 545)ê

 

                                                                                        2017-2018          2018-2019

             Community Health Services                        $1,837,481         $1,797,147

             Emergency Medical Services                             258,398               257,586

             Marijuana Health Registry                             3,293,959           3,472,277

Division of Welfare and Supportive Services:

      Welfare Administration                                    $31,713,625       $32,181,813

      Temporary Assistance for Needy Families      17,804,262         17,796,339

      Welfare Field Services Account                         83,424,330         85,248,156

      Child Support Enforcement Program               18,367,778         17,489,032

      Child Support Federal Reimbursement            28,729,646         29,326,124

      Welfare – Child Assistance and Development 57,205,039        57,425,645

      Welfare – Energy Assistance Program             19,317,358         19,301,205

Aging and Disability Services Division:

      Tobacco Settlement Program                            $5,943,500         $5,943,500

      Federal Programs and Administration              21,655,943         21,825,722

      Senior Rx and Disability Rx                                 2,864,400           2,864,400

      Home- and Community-Based Services         18,447,081         20,176,927

      Family Preservation Program                               1,200,000           1,200,000

      Rural Regional Center                                           8,849,745           9,234,782

      Desert Regional Center                                        71,303,801         75,496,484

      Sierra Regional Center                                         23,521,364         24,517,378

      Early Intervention Services                                10,874,865         12,046,994

Division of Child and Family Services:

      Juvenile Justice Services                                         $450,059            $450,372

      Washoe County Child Welfare                          17,856,234         18,058,111

      Clark County Child Welfare                              56,455,071         58,311,552

      UNITY/SACWIS                                                    3,237,025           3,283,670

      Children, Youth and Family Administration   17,771,532         17,860,223

      Youth Alternative Placement                               2,151,312           2,186,312

      Caliente Youth Center                                              402,811               402,811

      Victims of Domestic Violence                              3,370,568           3,568,558

      Rural Child Welfare                                             13,252,060         13,282,176

      Child Welfare Trust                                                   244,709               244,709

      Transition from Foster Care                                 2,376,107           2,473,040

      Review of Death of Children                                   487,412               522,487

      Nevada Youth Training Center                               252,759               252,759

      Summit View Youth Center                                       85,848                 85,848

      Youth Parole Services                                            3,373,313           3,392,906

      Northern Nevada Child and Adolescent Services 6,009,847        5,969,650

      Southern Nevada Child and Adolescent Services 16,655,549   16,942,901

Adjutant General:

      Office of the Military                                        $19,735,668       $19,988,132

      Adjutant General’s Special Armory Account         57,775                 58,275

      Patriot Relief Fund                                                             400                       400

      Emergency Operations Center                                 591,297               579,427

 


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

ê2017 Statutes of Nevada, Page 2660 (Chapter 397, SB 545)ê

 

                                                                                        2017-2018          2018-2019

Department of Corrections:

      Prison Medical Care                                             $1,277,016         $1,293,151

      Offenders’ Store Fund                                         28,748,725         29,694,745

      Office of the Director                                             1,445,202           1,445,202

      Correctional Programs                                              536,086               549,039

      Warm Springs Correctional Center                           34,279                 34,225

      Northern Nevada Correctional Center                   229,536               230,634

      Nevada State Prison                                                          950                       950

      Prison Industry                                                        6,149,149           6,358,846

      Stewart Conservation Camp                                   134,651               137,561

      Pioche Conservation Camp                                       23,789                 23,236

      Northern Nevada Transitional Housing                 682,421               695,417

      Three Lakes Valley Conservation Camp                36,623                 36,699

      Prison Ranch                                                           4,014,810           4,433,286

      Southern Desert Correctional Center                      134,794               134,615

      Wells Conservation Camp                                          16,312                 16,591

      Humboldt Conservation Camp                                 19,489                 19,811

      Ely Conservation Camp                                             11,448                 11,693

      Jean Conservation Camp                                           16,716                 16,849

      Ely State Prison                                                          189,241               218,279

      Carlin Conservation Camp                                        14,104                 14,244

      Tonopah Conservation Camp                                   11,910                 12,114

      Lovelock Correctional Center                                 175,284               175,200

      Casa Grande Transitional Housing                     1,426,593           1,453,780

      Florence McClure Women’s Correctional Center  85,400                 86,029

      High Desert State Prison                                           207,136               210,530

      Inmate Welfare Account                                      3,819,354           4,017,494

Commission on Mineral Resources:

      Division of Minerals                                             $2,968,194         $2,593,958

State Department of Agriculture:

      Agriculture Registration/Enforcement              $4,963,263         $4,727,250

      Livestock Inspection                                              1,690,238           1,664,963

      Veterinary Medical Services                                    179,047               178,744

      Commercial Feed                                                         20,046                 29,534

      Consumer Equitability                                           3,400,937           3,197,814

      Pest, Plant Disease, Noxious Weed Control       1,288,889           1,412,530

      Agriculture Administration                                    2,525,833           2,555,683

      Predatory Animal and Rodent Control                    33,123                 33,123

      Nutrition Education Programs                         182,362,058       194,427,621

      Dairy Fund                                                               1,871,308           1,619,810

      Commodity Foods Distribution Program         18,778,526         18,516,756

      Livestock Enforcement                                            197,336               203,446

Public Utilities Commission of Nevada:

      Public Utilities Commission                              $14,865,068       $14,204,339

Nevada Gaming Control Board:

      Gaming Control Board                                     $14,121,323       $14,130,304

      Gaming Control Board Investigation Fund     13,962,121         13,968,425

 


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

ê2017 Statutes of Nevada, Page 2661 (Chapter 397, SB 545)ê

 

                                                                                        2017-2018          2018-2019

Department of Public Safety:

      Division of Emergency Management               $4,340,076         $4,241,772

      Emergency Management Assistance Grants  15,211,770         14,719,602

      Homeland Security                                                    275,581               279,808

      Division of Parole and Probation                         9,644,544           9,999,670

      Investigation Division                                               469,739               469,739

      Training Division                                                             3,511                   3,511

      State Fire Marshal                                                  2,633,294           2,604,869

      Cigarette Fire Safe Standard and Firefighter Support 134,879        195,038

      Traffic Safety                                                          7,160,193           7,161,486

      Highway Safety Plan and Administration         3,658,548           3,675,379

      Motorcycle Safety Program                                     719,803               703,076

      Evidence Vault                                                           643,351               658,097

      Forfeitures – Law Enforcement                           1,535,224           1,757,311

      NHP K-9 Program                                                        36,510                 20,169

      Director’s Office                                                      3,261,851           3,340,273

      Office of Professional Responsibility                     817,862               792,667

      Justice Assistance Act                                            1,363,535           1,363,551

      Central Repository for Nevada Records of Criminal History   29,242,194  29,348,617

      Nevada Highway Patrol Division                        3,413,140           3,351,198

      General Services Division                                      6,500,581           6,667,948

      Highway Safety Grants Account                         2,160,540           2,274,340

      Capitol Police                                                          3,027,421           2,908,201

      State Emergency Response Commission           2,530,032           2,412,416

      Justice Assistance Grant Trust Account             2,262,605           2,262,713

      Justice Grant                                                               206,083               208,788

      Account for Reentry Programs                                    5,000                   5,000

Colorado River Commission of Nevada:

      Colorado River Commission                              $9,437,581         $9,082,672

      Research and Development Account               10,343,098         10,262,707

      Power Delivery Project                                        24,303,180         25,906,560

      Power Marketing Fund                                        40,288,697         32,248,215

State Department of Conservation and Natural Resources:

      DEP – Administration                                          $8,061,968         $8,769,635

      DEP – Air Quality                                                   8,432,486           8,509,623

      DEP – Water Pollution Control                            7,272,381           6,951,375

      DEP – Waste Management and Corrective Action 12,755,511 12,809,833

      DEP – Mining Regulation/Reclamation             6,324,811           6,345,096

      DEP – State Revolving Fund – Administration 4,339,842           4,046,303

      DEP – Water Quality Planning                             3,151,446           3,173,982

      DEP – Safe Drinking Water Program                  6,014,826           5,994,323

      DEP – Industrial Site Cleanup                              4,486,444           3,483,292

 


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

ê2017 Statutes of Nevada, Page 2662 (Chapter 397, SB 545)ê

 

                                                                                        2017-2018          2018-2019

      Nevada Natural Heritage Program                       $830,010            $843,058

      State Environmental Commission                          100,510               100,521

      OHV Commission                                                  2,391,761           1,420,278

      Conservation and Natural Resources Administration 749,289       771,366

      DEP – Water Planning Capital Improvement         43,566                 36,067

      Division of State Parks                                          9,041,820           9,347,892

      Division of Water Resources                                    581,801               532,429

      Division of State Lands                                            443,565               400,461

      Division of Forestry                                                5,003,983           5,009,824

      Wildland Fire Protection Program                        4,586,287           4,637,192

      Forest Fire Suppression                                          6,363,369           6,363,441

      Forestry Conservation Camps                             3,384,720           3,384,720

      Office of Historic Preservation                                897,509               897,509

      Forestry Nurseries                                                   1,419,529           1,446,302

      Account to Restore the Sagebrush Ecosystem  1,020,000           1,020,000

Tahoe Regional Planning Agency:

      Tahoe Regional Planning Agency                   $12,739,009       $12,629,412

Department of Wildlife:

      Director’s Office                                                   $3,800,233         $3,865,629

      Operations                                                                8,602,952           8,199,310

      Conservation Education                                       2,378,973           2,426,160

      Law Enforcement                                                   7,528,637           7,323,005

      Game Management                                               7,335,403           7,339,674

      Fisheries Management                                           7,772,804           7,998,815

      Diversity Division                                                    1,610,767           1,635,538

      Habitat                                                                     6,833,401           6,949,899

Department of Business and Industry:

      Nevada Attorney for Injured Workers             $3,617,815         $3,651,219

      Employee-Management Relations Board         1,186,747           1,371,259

      Financial Institutions Investigations                   1,394,887           1,444,777

      Insurance Regulation                                          13,693,044         15,790,451

      Captive Insurers                                                      1,780,570           1,436,930

      Common-Interest Communities                          3,748,051           3,710,370

      Insurance Recovery                                                  209,320               209,320

      Real Estate Administration                                   2,937,693           2,945,861

      Real Estate Education and Research                 1,029,199               863,481

      Real Estate Recovery Account                               754,593               768,608

      Division of Financial Institutions                         5,802,697           5,246,598

      Account for Low-Income Housing                   26,538,527         26,984,951

      Special Housing Assistance                                  2,372,082               761,637

      Housing Division                                                  12,049,052         12,152,905

      Housing Inspection and Compliance                 3,623,651           3,630,011

      Financial Institutions Audit                                      259,391               252,672

      Division of Mortgage Lending                              7,824,863           9,094,141

      Nevada Transportation Authority                       2,752,482           2,901,524

      Transportation Authority Administrative Fines 1,048,134           1,214,069

 


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

ê2017 Statutes of Nevada, Page 2663 (Chapter 397, SB 545)ê

 

                                                                                        2017-2018          2018-2019

      Nevada Athletic Commission                            $3,176,881         $3,029,357

      Taxicab Authority                                                10,517,195           9,820,405

      Division of Industrial Relations                           7,133,761           7,239,494

      Business and Industry Administration               4,945,020           5,071,141

      Occupational Safety and Health Enforcement 11,287,072       11,499,508

      Industrial Development Revenue Bonds              855,879               956,503

      Self-Insured – Workers’ Compensation                570,427               579,140

      Safety Consultation and Training                       3,482,210           3,465,398

      Mine Safety and Training                                     1,661,248           1,600,976

      Weatherization                                                        7,798,800           8,016,346

Department of Transportation:

      Transportation Administration                     $678,174,533    $669,474,011

      Bond Construction                                            180,000,000                           0

Department of Motor Vehicles:

      Records Search                                                   $10,023,354       $10,023,354

      Automation                                                             5,352,787           5,346,081

      System Modernization                                          6,654,130           6,854,130

      Motor Carrier Division                                           1,751,020           1,764,905

      Motor Vehicle Pollution Control                        11,795,392         12,330,723

      Verification of Insurance                                    13,112,712         13,112,712

      Hearings Office                                                               4,300                   4,300

      Division of Field Services                                    31,666,227         31,666,227

      Division of Compliance Enforcement                   402,483               402,848

      Division of Central Services and Records          6,915,502           6,910,699

      Office of the Director                                             2,148,557           2,283,773

      Administrative Services Division                       10,494,207         10,813,846

      License Plate Factory                                             6,702,419           6,624,430

Department of Employment, Training and Rehabilitation:

      Nevada Equal Rights Commission                      $446,634            $449,968

      Blind Business Enterprise Program                      4,102,030           3,779,444

      Bureau of Services to Persons Who Are Blind or Visually Impaired 2,796,594  2,845,474

      Bureau of Vocational Rehabilitation               19,336,648         19,258,722

      Rehabilitation Administration                              1,372,633           1,407,186

      Disability Adjudication                                       19,967,734         20,309,443

      Administration                                                        5,448,613           5,404,831

      Research and Analysis                                          2,753,103           2,775,325

      Information Development and Processing      14,267,056         14,656,056

      Workforce Development                                    64,915,103         63,091,911

      Unemployment Insurance                                  30,979,158         30,829,871

      Employment Security – Special Fund                4,683,355           3,895,754

      Commission on Postsecondary Education           100,000               100,000

Public Employees’ Retirement System:

      Public Employees’ Retirement System          $14,041,235       $12,130,748

 

 


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

ê2017 Statutes of Nevada, Page 2664 (Chapter 397, SB 545)ê

 

                                                                                        2017-2018          2018-2019

Public Employees’ Benefits Program:

      Public Employees’ Benefits Program           $476,137,955    $476,886,761

      Retired Employee Group Insurance                 41,047,409         43,045,079

      Active Employees’ Group Insurance             239,163,143       239,027,092

Silver State Health Insurance Exchange:

      Silver State Health Insurance Exchange Administration $27,576,301 $26,712,857

      Sec. 2.  1.  There is hereby authorized for expenditure from the 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:

      (a) The sum of $626,115 for Fiscal Year 2017-2018 and the sum of $641,905 for Fiscal Year 2018-2019 to support the tobacco enforcement operations of the Attorney General Special Litigation Account.

      (b) The sum of $192,072 for Fiscal Year 2017-2018 and the sum of $198,558 for Fiscal Year 2018-2019 to support the Department of Taxation in enforcing or otherwise ensuring compliance with the Master Settlement Agreement and deposits by nonparticipating manufacturers into a qualified escrow fund.

      2.  Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money 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, 2017, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2017-2018 before other disbursements required by law are made;

      (b) Disburse, on or after July 1, 2018, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2018-2019 before other disbursements required by law are made; and

      (c) Thereafter in each fiscal year, disburse all other money authorized for expenditure from this same source in the manner provided in NRS 439.630.

      3.  Any balance of the sums authorized for expenditure by subsection 1 remaining at the end of the respective fiscal years must be disbursed as soon as all payments of money committed have been made as follows: 40 percent to the Millennium Scholarship Trust Fund created by NRS 396.926 and 60 percent to the Fund for a Healthy Nevada created by NRS 439.620.

      4.  Any money authorized for expenditure in section 1 of this act that originated from the Fund for a Healthy Nevada remaining at the end of the respective fiscal years must be disbursed to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.

      Sec. 3.  1.  Expenditure of $29,517,082 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2017-2018.

      2.  Expenditure of $30,121,973 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2018-2019.

      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 21, 2018, and September 20, 2019, 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 21, 2018, and September 20, 2019, respectively.

 


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

ê2017 Statutes of Nevada, Page 2665 (Chapter 397, SB 545)ê

 

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 21, 2018, and September 20, 2019, 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 21, 2018, and September 20, 2019, respectively.

      4.  There is hereby authorized for expenditure from the State General Fund by the Nevada Gaming Control Board the sum of $100,000 in Fiscal Year 2017-2018 to fund the special counsel for legal services as authorized by the Chair of the Nevada Gaming Control Board.

      5.  Any remaining balance of the authorization made by subsection 4 for Fiscal Year 2017-2018 may be balanced forward to Fiscal Year 2018-2019 with the approval of the Interim Finance Committee, and any remaining balance of the original authorization carried forward to Fiscal Year 2018-2019 that is not committed for expenditure by June 30, 2019, must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 4.  1.  Expenditure of $640,189 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2017-2018.

      2.  Expenditure of $538,489 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2018-2019.

      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 21, 2018, and September 20, 2019, 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 21, 2018, and September 20, 2019, 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 353.246, 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 section 7 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Office of Finance in the Office of the Governor 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 the Chief determines is in excess of the amount so taken into consideration by this act.

 


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

ê2017 Statutes of Nevada, Page 2666 (Chapter 397, SB 545)ê

 

local government or of the Federal Government, or from any other source which the Chief determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Office of Finance in the Office of the Governor shall reduce any authorization whenever the Chief determines that money to be received will be less than the amounts 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 the Director 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 the Director 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 of this act, subsection 3 of section 9 of this act, sections 13, 15, 16 and 20 to 23, inclusive, of this act and NRS 90.851, where the operation of an office, department, board, agency, commission, institution or program is financed during the 2017-2019 biennium 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 and tuition collected from the registration of students, resident or nonresident:

                                                                                    Fiscal Year              Fiscal Year

                                                                                    2017-2018              2018-2019

University of Nevada, Reno............    $105,608,183        $110,224,397

University of Nevada, Las Vegas...      120,134,939           124,004,875

College of Southern Nevada...........        45,724,912             47,539,732

Western Nevada College..................           4,856,572               4,856,790

Truckee Meadows Community College                                  13,612,616  14,161,887

Great Basin College...........................           4,356,885               4,561,711

Nevada State College.......................           8,134,758               8,799,642

UNLV Dental School........................           8,754,162               8,939,402

UNLV Law School............................           4,814,128               4,814,128

UNR School of Medicine.................           6,631,440               6,879,919

UNLV School of Medicine...............           1,656,000               2,790,000

      2.  The Nevada System of Higher Education may expend any additional registration fees and any additional nonresident tuition fees collected from students as a result of registering additional students beyond the budgeted enrollments. The Nevada System of Higher Education may also expend any additional registration fees and nonresident tuition fees resulting from the imposition of fee increases. The Nevada System of Higher Education shall report to the Interim Finance Committee on a biannual basis within 60 days after each reporting period, with the first reporting period to cover the July 1, 2017, to December 31, 2017, period, any additional registration fees and any additional nonresident tuition fees received by each institution beyond the authorized amounts in subsection 1, including identification of the expenditures funded through the additional fees.

 


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

ê2017 Statutes of Nevada, Page 2667 (Chapter 397, SB 545)ê

 

additional nonresident tuition fees received by each institution beyond the authorized amounts in subsection 1, including identification of the expenditures funded through the additional fees.

      3.  At the close of Fiscal Year 2017-2018 and Fiscal Year 2018-2019, the amounts authorized for the Nevada System of Higher Education as provided in section 1 of this act, shall be considered cumulatively for each budget account. Authorized revenues received within each budget account that do not exceed the amount included in section 1 of this act, combined with authorized amounts approved by the Board of Regents of the University of Nevada and the Office of Finance in the Office of the Governor, if applicable, must not be utilized to decrease State General Fund appropriations when determining whether a reversion to the State General Fund is required at the close of Fiscal Year 2017-2018 and Fiscal Year 2018-2019.

      Sec. 9.  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 or her services:

                                                                                Fiscal Year                  Fiscal Year

                                                                                2017-2018                  2018-2019

Carson City............................................ $1,173,329                 $1,185,178

Storey County............................................. $76,888                       $77,665

Totals  ..................................................... $1,250,217                 $1,262,843

      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 79th Session of the Nevada Legislature for employees of the Office of the State Public Defender for Fiscal Year 2017-2018 and Fiscal Year 2018-2019.

      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 or her services.

      Sec. 10.  Notwithstanding any provision of law to the contrary, the Department of Taxation may balance forward any license and permit fees for recreational marijuana received in the Department of Taxation budget account for Fiscal Year 2016-2017 to the Marijuana Regulation and Control Account for Fiscal Year 2017-2018.

      Sec. 11.  1.  The Office of Finance in the Office of the Governor shall develop revenue general ledgers and expenditure categories for the Public Employees’ Benefits Program budget account to enhance tracking and transparency, submit a work program revision reflecting the revised revenue general ledgers and expenditure categories and submit a plan for tracking expenditures by participant group to the Interim Finance Committee for consideration no later than August 31, 2017.

      2.  Notwithstanding the provisions of NRS 353.220, for Fiscal Year 2017-2018, after submitting the work program revision and plan specified in subsection 1, the Office of Finance in the Office of the Governor may approve and process such subsequent work program revisions necessary to ensure sufficient revenue and expenditure authority for each participant group without the approval of the Interim Finance Committee.

      Sec. 12.  In Fiscal Year 2017-2018 and Fiscal Year 2018-2019, 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.

 


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

ê2017 Statutes of Nevada, Page 2668 (Chapter 397, SB 545)ê

 

      Sec. 13.  Money authorized for expenditure in section 1 of this act for the Division of Forestry and the Forestry Conservation Camps 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.

      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 to support eligible training programs and related operating costs before any money from the State General Fund 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 of either fiscal year may be carried forward to the next fiscal year for that purpose.

      Sec. 16.  Money authorized for expenditure in section 1 of this act for Forest Fire Suppression, up to $250,000 for the Division of Forestry of the State Department of Conservation and Natural Resources, up to $175,000 for the Forestry Conservation Camps of the State Department of Conservation and Natural Resources in Fiscal Year 2017-2018, up to $250,000 for the Division of Forestry of the State Department of Conservation and Natural Resources and up to $175,000 for the Forestry Conservation Camps of the State Department of Conservation and Natural Resources in Fiscal Year 2018-2019, may be carried forward to the next fiscal year for the repair of fire-fighting and emergency response vehicles.

      Sec. 17.  Expenditure of $1,092,105 during Fiscal Year 2017-2018 and $1,092,105 during Fiscal Year 2018-2019 is hereby authorized for the State Active Duty budget account of the Office of the Military for the payment of salaries and fringe benefits or other compensation and meals for members of the Nevada National Guard called into state active duty.

      Sec. 18.  Money authorized for expenditure in section 1 of this act from the Account to Restore the Sagebrush Ecosystem created by NRS 232.161 for the payment of program expenditures may be expended for that purpose.

      Sec. 19.  The $844,187 balance of the allocation from the Interim Finance Contingency Account approved by the Interim Finance Committee in Fiscal Year 2016-2017 for the State Department of Conservation and Natural Resources Administration budget for sagebrush habitat improvement projects, which was subsequently transferred to the Account to Restore the Sagebrush Ecosystem created by NRS 232.161 during Fiscal Year 2016-2017, may be transferred within the Account to Restore the Sagebrush Ecosystem from one fiscal year to the other and does not revert to the Interim Finance Contingency Account.

      Sec. 20.  Notwithstanding any provision of law to the contrary, the Western Interstate Commission for Higher Education Loan and Stipend Account may balance forward to the subsequent fiscal year for expenditure on Health Care Access Program slots any unobligated loan, stipend and interest repayment revenues authorized by section 1 of this act which were received after May 15 of each fiscal year in the 2017-2019 biennium.

      Sec. 21.  Money deposited in the Emergency Operations Center Account of the Office of the Military is restricted to the uses specified, and the unexpended balance of that money on June 30 of Fiscal Year 2017-2018 and Fiscal Year 2018-2019 may be carried forward to the next fiscal year.

 


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

ê2017 Statutes of Nevada, Page 2669 (Chapter 397, SB 545)ê

 

      Sec. 22.  If the Division of Child and Family Services of the Department of Health and Human Services or Clark County or Washoe County receives an additional amount of money from sources other than the State General Fund during Fiscal Year 2017-2018 or Fiscal Year 2018-2019, the Division or County may, with the approval of the Interim Finance Committee, accept the money and apply it to augment child welfare services.

      Sec. 23.  Money authorized for expenditure in section 8 of this act for the Nevada System of Higher Education that remains unexpended on June 30 of either fiscal year may be carried forward to the next fiscal year for the authorized purposes.

      Sec. 24.  It is the intent of the Legislature that the amounts authorized in section 1 of this act for Early Intervention Services of the Aging and Disability Services Division of the Department of Health and Human Services shall be expended in order to continue the current service delivery model in which the caseload is split between the state and community providers, and each is reimbursed according to the methods in place during the 2015-2017 biennium.

      Sec. 25.  This act becomes effective on July 1, 2017.

________

CHAPTER 398, AB 428

Assembly Bill No. 428–Committee on Health and Human Services

 

CHAPTER 398

 

[Approved: June 5, 2017]

 

AN ACT relating to controlled substances; authorizing a pharmacist to furnish an opioid antagonist without a prescription under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes certain physicians, physician assistants and advanced practice registered nurses to prescribe and dispense an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose, or to a family member, friend or other person who is in a position to assist a person experiencing an opioid-related drug overdose. (Chapter 453C of NRS, NRS 453C.100) Existing law further provides for the development of standardized procedures and protocols under which a registered pharmacist may furnish an opioid antagonist. (NRS 453C.120) This bill authorizes a pharmacist to furnish an opioid antagonist without a prescription from a health care professional authorized to prescribe an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose, or to a family member, friend or other person who is in a position to assist such a person. This bill also prohibits the development of standardized procedures and protocols that prevent a pharmacist from dispensing an opioid antagonist without a prescription.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

 


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

ê2017 Statutes of Nevada, Page 2670 (Chapter 398, AB 428)ê

 

      Sec. 2. NRS 453C.120 is hereby amended to read as follows:

      453C.120  1.  Notwithstanding any other provision of law, a registered pharmacist may , with or without a prescription from a health care professional authorized to prescribe an opioid antagonist, furnish an opioid antagonist in accordance with standardized procedures or protocols developed and approved by the State Board of Pharmacy pursuant to this section.

      2.  The State Board of Pharmacy [may,] :

      (a) May, in consultation with representatives of the Nevada Pharmacist Association, other appropriate professional licensing boards, state agencies and other interested parties, develop standardized procedures or protocols to enable a registered pharmacist and other appropriate entities to furnish an opioid antagonist pursuant to this section.

      (b) May not prohibit a pharmacist from furnishing an opioid antagonist to a person without a prescription.

      3.  Standardized procedures or protocols adopted pursuant to this section must ensure that a person receive education before being furnished with an opioid antagonist pursuant to this section. The education must include, without limitation:

      (a) Information concerning the prevention and recognition of and responses to opioid-related drug overdoses;

      (b) Methods for the safe administration of opioid antagonists to a person experiencing an opioid-related drug overdose;

      (c) Potential side effects and adverse events connected with the administration of opioid antagonists;

      (d) The importance of seeking emergency medical assistance for a person experiencing an opioid-related drug overdose even after the administration of an opioid antagonist; and

      (e) Information concerning the provisions of NRS 453C.150.

      4.  A pharmacist shall, before furnishing an opioid antagonist pursuant to this section, complete a training program on the use of opioid antagonists. The program must include at least 1 hour of approved continuing education on the use of opioid antagonists.

      5.  This section does not:

      (a) Affect any provision of law concerning the confidentiality of medical information.

      (b) Confer any authority on a registered pharmacist to prescribe an opioid antagonist or any other prescription medication or controlled substance.

      Secs. 3-10. (Deleted by amendment.)

      Sec. 11.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On July 1, 2017, for all other purposes.

________

 

 


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

ê2017 Statutes of Nevada, Page 2671ê

 

CHAPTER 399, AB 494

Assembly Bill No. 494–Committee on Ways and Means

 

CHAPTER 399

 

[Approved: June 5, 2017]

 

AN ACT making a supplemental appropriation to the Division of Health Care Financing and Policy of the Department of Health and Human Services for a projected shortfall resulting from an increase in the Medicaid caseload over the amount legislatively approved for Fiscal Years 2015-2016 and 2016-2017; authorizing the expenditure of certain money for the same purposes; and providing other matters properly relating thereto.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $5,800,224 for a projected shortfall resulting from an increase in the Medicaid caseload over the amount legislatively approved for Fiscal Years 2015-2016 and 2016-2017. This appropriation is supplemental to that made by section 20 of chapter 534, Statutes of Nevada 2015, at page 3672.

      Sec. 2.  Expenditure of $124,074,692 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal year beginning on July 1, 2016, and ending on June 30, 2017, by the Division for the same purposes as set forth as section 1 of this act. This authorization is supplemental to that made by section 1 of chapter 484, Statutes of Nevada 2015, at page 2854.

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

________

 

 

 

 


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

ê2017 Statutes of Nevada, Page 2672ê

 

CHAPTER 400, SB 534

Senate Bill No. 534–Committee on Finance

 

CHAPTER 400

 

[Approved: June 5, 2017]

 

AN ACT making appropriations to the Division of Child and Family Services of the Department of Health and Human Services for deferred maintenance projects essential for the security and operation of certain facilities; and providing other matters properly relating thereto.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services the following sums for deferred maintenance projects essential for the security and operation of:

The Summit View Youth Center................................................. $152,000

The Caliente Youth Center.......................................................... $900,256

The Nevada Youth Training Center........................................ $1,429,662

Northern Nevada Child and Adolescent Services...................... $70,927

Southern Nevada Child and Adolescent Services.................... $286,865

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

 

 

 

 

 


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

ê2017 Statutes of Nevada, Page 2673ê

 

CHAPTER 401, AB 76

Assembly Bill No. 76–Committee on Corrections, Parole, and Probation

 

CHAPTER 401

 

[Approved: June 5, 2017]

 

AN ACT relating to records of criminal history; revising provisions governing requirements for the submission of information to the Central Repository for Nevada Records of Criminal History; reducing the period in which the Central Repository may not charge a fee for providing certain information relating to an applicant for professional licensure; revising provisions relating to the Revolving Account to Investigate the Background of Volunteers Who Work With Children; revising the information which must be included within the record of the Repository for Information Concerning Crimes Against Older Persons; revising and repealing certain provisions regarding the dissemination of certain information from the Central Repository; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Central Repository for Nevada Records of Criminal History for the collection and maintenance of certain information relating to records of criminal history. Under existing law, the General Services Division of the Department of Public Safety is authorized to request of and receive from the Federal Bureau of Investigation the background and personal history of a person by submitting to the Federal Bureau of Investigation a complete set of fingerprints of the person which was received by the Central Repository. (NRS 179A.075) Section 4 of this bill revises the definition of the term “record of criminal history” to include “biometric identifiers,” which is defined in section 2 of this bill as a fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.

      Existing law requires each agency of criminal justice and any other agency dealing with crime or delinquency of children to collect, maintain and submit certain information to the Central Repository. (NRS 179A.075) Section 5 of this bill eliminates those duties as they pertain to agencies dealing with delinquency of children and establishes certain reporting requirements for compliance with the policies, procedures and definitions prescribed by the Federal Bureau of Investigation for the submission of information to the Uniform Crime Reporting Program.

      Existing law sets forth a list of persons and governmental entities to whom records of criminal history must be disseminated by an agency of criminal justice upon request. (NRS 179A.100) Section 8 of this bill adds to that list: (1) a reporter or editorial employee who is employed or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station, under certain circumstances; and (2) a county coroner or medical examiner, as needed to conduct an investigation of the death of a person.

      Existing law prohibits the Central Repository from charging a fee for information relating to records of criminal history relating to a person regarding whom the Central Repository provided a similar report within the immediately preceding 6 months in conjunction with an application by the person for professional licensure. (NRS 179A.140) Section 10 of this bill reduces the period in which the fee may not be charged to 90 days.

 


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ê2017 Statutes of Nevada, Page 2674 (Chapter 401, AB 76)ê

 

      Existing law establishes the Revolving Account to Investigate the Background of Volunteers Who Work With Children. Money in the Account is to be used to pay the costs to process requests from nonprofit agencies to determine whether a volunteer or prospective volunteer of such an agency who works, or will work, directly with children has committed certain offenses. (NRS 179A.310) Section 12 of this bill: (1) clarifies that the Central Repository processes requests from the agencies for information on the background of such volunteers; and (2) changes the name of the Account to the Revolving Account to Process Requests for Information on the Background of Volunteers Who Work With Children.

      Existing law establishes the Repository for Information Concerning Crimes Against Older Persons within the Central Repository. (NRS 179A.450) Section 14 of this bill revises the information which must be included within the record of the Repository for Information Concerning Crimes Against Older Persons.

      Existing law governs the dissemination of information relating to certain offenses as that information relates to persons who work with children. (NRS 179A.180-179A.240) Section 21 of this bill repeals those provisions, as provisions governing dissemination of that information are included in federal laws and regulations.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 179.301 is hereby amended to read as follows:

      179.301  1.  The Nevada Gaming Control Board and the Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, to determine the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or registration as a gaming employee pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records:

      (a) May form the basis for recommendation, denial or revocation of those licenses.

      (b) Must not form the basis for denial or rejection of a gaming work permit unless the event or conviction relates to the applicant’s suitability or qualifications to hold the work permit.

      2.  The Division of Insurance of the Department of Business and Industry and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to insurance, to determine the suitability or qualifications of any person to hold a license, certification or authorization issued in accordance with title 57 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses, certifications and authorizations.

      3.  A prosecuting attorney may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if:

      (a) The records relate to a violation or alleged violation of NRS 202.575; and

      (b) The person who is the subject of the records has been arrested or issued a citation for violating NRS 202.575.

      4.  The Central Repository for Nevada Records of Criminal History and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with [NRS 179A.180 to 179A.240, inclusive.]

 


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offenses, and may notify employers of the information in accordance with [NRS 179A.180 to 179A.240, inclusive.] federal laws and regulations.

      5.  Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of NRS by an officer or employee of the Central Repository for Nevada Records of Criminal History or a law enforcement officer in the regular course of his or her duties.

      6.  The State Board of Pardons Commissioners and its agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if the person who is the subject of the records has applied for a pardon from the Board.

      7.  As used in this section:

      (a) “Information relating to sexual offenses” means information contained in or concerning a record relating in any way to a sexual offense.

      (b) “Sexual offense” has the meaning ascribed to it in NRS 179A.073.

      Sec. 2. Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Biometric identifier” means a fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.

      Sec. 3. NRS 179A.010 is hereby amended to read as follows:

      179A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179A.020 to 179A.073, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 4. NRS 179A.070 is hereby amended to read as follows:

      179A.070  1.  “Record of criminal history” means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of summons in a criminal action, warrants, arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484C.110, 484C.120, 484C.130 and 484C.430, detentions, decisions of a district attorney or the Attorney General not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including, without limitation, dismissals, acquittals, convictions, sentences, information set forth in NRS 209.353 concerning an offender in prison, any postconviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS. The term includes only information contained in a record, maintained in written or electronic form, of a formal transaction between a person and an agency of criminal justice in this State, including, without limitation, the fingerprints and other biometric identifiers of a person who is arrested and taken into custody and of a person who is placed on parole or probation and supervised by the Division of Parole and Probation of the Department.

      2.  “Record of criminal history” does not include:

      (a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws;

      (b) Information concerning juveniles;

 


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      (c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension;

      (d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed;

      (e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including, without limitation, permits to work in the gaming industry;

      (f) Except as otherwise provided in subsection 1, court indexes and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings;

      (g) Except as otherwise provided in subsection 1, records of traffic violations constituting misdemeanors;

      (h) Records of traffic offenses maintained by the Department to regulate the issuance, suspension, revocation or renewal of drivers’ or other operators’ licenses;

      (i) Announcements of actions by the State Board of Pardons Commissioners and the State Board of Parole Commissioners, except information concerning the status of an offender on parole or probation; or

      (j) Records which originated in an agency other than an agency of criminal justice in this State.

      Sec. 5. NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the General Services Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime [or delinquency of children] shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository [in] :

             (1) In the manner approved by the Director of the Department [.] ; and

             (2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within 60 days after the date of the disposition of the case. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  Each state and local law enforcement agency shall submit Uniform Crime Reports to the Central Repository:

      (a) In the manner prescribed by the Director of the Department;

 


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      (b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation; and

      (c) Within the time prescribed by the Director of the Department.

      5.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      (d) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.

      [5.] 6.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

      [6.] 7.  To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection [5,] 6, the Central Repository must receive:

      (a) The person’s complete set of fingerprints for the purposes of:

             (1) Booking the person into a city or county jail or detention facility;

 


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             (2) Employment;

             (3) Contractual services; or

             (4) Services related to occupational licensing;

      (b) One or more of the person’s fingerprints for the purposes of mobile identification by an agency of criminal justice; or

      (c) Any other biometric identifier of the person as it may require for the purposes of:

             (1) Arrest; or

             (2) Criminal investigation,

Ê from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.

      [7.] 8.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

             (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

 


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pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

      (g) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website an annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be posted to the Central Repository’s Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice [and the delinquency of children] by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      (j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:

             (1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and

             (2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.

      [8.] 9.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime . [or the delinquency of children.]

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime [or the delinquency of children] which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      [9.] 10.  As used in this section:

      (a) [“Biometric identifier” means a fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.

      (b)] “Mobile identification” means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.

      [(c)](b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) A biometric identifier of a person.

 


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      [(d)](c) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 6. NRS 179A.078 is hereby amended to read as follows:

      179A.078  The Director of the Department shall establish within the Central Repository a Uniform Program for Reporting Crimes that is designed to collect statistical data relating to crime [or delinquency of children] and to facilitate the collection and analysis of statistical data relating to crime at a central location.

      Sec. 7. NRS 179A.080 is hereby amended to read as follows:

      179A.080  The Director of the Department is responsible for administering this chapter and may adopt regulations for that purpose. The Director shall:

      1.  Adopt regulations for the security of the Central Repository so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.

      2.  Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of information relating to records of criminal history and information disseminated pursuant to [NRS 179A.180 to 179A.240, inclusive.] federal laws and regulations.

      3.  Provide for audits of informational systems by qualified public or private agencies, organizations or persons.

      Sec. 8. NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

      4.  [In addition to any other information to which an employer is entitled or authorized to receive from a name-based inquiry, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250.

 


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Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:

      (a) The name and address of the employer, and the name and signature of the person or entity requesting the information on behalf of the employer;

      (b) The name and address of the employer’s facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and

      (c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.

      5.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.

      6.  Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom such information is disseminated pursuant to subsections 4 and 5.

      7.]  Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The Nevada Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

      (f) A public administrator to carry out the duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

 


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      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter [for the electronic or printed media] or editorial employee who is employed or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station who requests a record of a named person or aggregate information for statistical purposes, excluding any personal identifying information, in a professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      (s) The State Disaster Identification Team of the Division of Emergency Management of the Department.

      (t) The Commissioner of Insurance.

      (u) The Board of Medical Examiners.

      (v) The State Board of Osteopathic Medicine.

      (w) The Board of Massage Therapists and its Executive Director.

      (x) The Board of Examiners for Social Workers.

      (y) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.

      (z) A county coroner or medical examiner, as needed to conduct an investigation of the death of a person.

      [8.]5.  Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      Sec. 9. NRS 179A.110 is hereby amended to read as follows:

      179A.110  A record of criminal history or any records of criminal history of the United States or another state obtained pursuant to this chapter must be used solely for the purpose for which the record was requested. No person who receives information relating to records of criminal history pursuant to this chapter or who receives information pursuant to [NRS 179A.180 to 179A.240, inclusive,] federal laws or regulations may disseminate the information further without express authority of law or in accordance with a court order.

 


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accordance with a court order. This section does not prohibit the dissemination of material by an employee of the electronic or printed media in a professional capacity for communication to the public.

      Sec. 10. NRS 179A.140 is hereby amended to read as follows:

      179A.140  1.  Except as otherwise provided in this section, an agency of criminal justice may charge a reasonable fee for information relating to records of criminal history provided to any person or governmental entity.

      2.  An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice if the information is provided for purposes of the administration of criminal justice, or for providing such information to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      3.  The Central Repository shall not charge such a fee:

      (a) For information relating to a person regarding whom the Central Repository provided a similar report within the immediately preceding [6 months] 90 days in conjunction with the application by that person for professional licensure; or

      (b) For information provided to any organization that meets the criteria established by regulation pursuant to paragraph (b) of subsection 5 of NRS 179A.310.

      4.  The Director may request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the Department to carry out the provisions of paragraph (b) of subsection 3.

      5.  All money received or collected by the Department pursuant to this section must be used to defray the cost of operating the Central Repository.

      Sec. 11. NRS 179A.150 is hereby amended to read as follows:

      179A.150  1.  The Central Repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he or she may be the subject of information relating to records of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to that person. This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than information contained in a record of criminal history.

      2.  Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of information relating to other records of criminal history by those persons who are the subjects thereof. The regulations must specify:

      (a) The reasonable periods during which the records are available for inspection;

      (b) The requirements for proper identification of the persons seeking access to the records; and

      (c) The reasonable charges or fees, if any, for inspecting records.

      3.  Each such agency shall procure for and furnish to any person who requests it and pays a reasonable fee therefor, all of the information contained in the Central Repository which pertains to the person making the request.

      4.  The Director of the Department shall adopt regulations governing:

 


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      (a) All challenges to the accuracy or sufficiency of information relating to records of criminal history by the person who is the subject of the allegedly inaccurate or insufficient record;

      (b) The correction of any information relating to records of criminal history found by the Director to be inaccurate, insufficient or incomplete in any material respect;

      (c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and

      (d) A time limit of not more than 90 days within which inaccurate or insufficient information relating to records of criminal history must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, and notice of the correction must be sent to each person entitled thereto pursuant to [NRS 179A.210,] federal laws or regulations, to the address given by each person who requested the information when the request was made.

      Sec. 12. NRS 179A.310 is hereby amended to read as follows:

      179A.310  1.  The Revolving Account to [Investigate] Process Requests for Information on the Background of Volunteers Who Work With Children is hereby created in the State General Fund.

      2.  The Director of the Department shall administer the Account . [to Investigate the Background of Volunteers Who Work With Children.] The money in the Account must be expended only to pay the costs of the Central Repository to process requests from nonprofit agencies [to determine whether] for information on the background of a volunteer of a nonprofit agency who works directly with children or a prospective volunteer of the nonprofit agency who will work directly with children . [has committed an offense listed in subsection 4 of NRS 179A.190.] The existence of the Account [to Investigate the Background of Volunteers Who Work With Children] does not create a right in any person to receive money from the Account.

      3.  The Director of the Department may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account . [to Investigate the Background of Volunteers Who Work With Children.]

      4.  The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account. Money from any gift, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      5.  The Director of the Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:

      (a) The procedure by which a person may apply for a grant of money from the Account ; [to Investigate the Background of Volunteers Who Work With Children;]

      (b) The criteria that the Department will consider in determining whether to award such a grant of money from the Account; and

      (c) Procedures to distribute the money in the Account in a fair and equitable manner.

 


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      6.  The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:

      (a) The fact that the nonprofit agency did not apply for a grant of money from the Account.

      (b) The fact that the nonprofit agency did not request that the Central Repository, through the use of the Account, [determine whether] provide information on the background of a volunteer or prospective volunteer of the nonprofit agency . [has committed an offense listed in subsection 4 of NRS 179A.190.]

      Sec. 13. NRS 179A.315 is hereby amended to read as follows:

      179A.315  A state or local governmental agency:

      1.  May establish forms and procedures for a person to donate money to the Account to [Investigate] Process Requests for Information on the Background of Volunteers Who Work With Children while the person is transacting business with the State or local governmental agency; and

      2.  Shall deposit any money received for the Account [to Investigate the Background of Volunteers Who Work With Children] with the State Treasurer for credit to the Account.

      Sec. 14. NRS 179A.450 is hereby amended to read as follows:

      179A.450  1.  The Repository for Information Concerning Crimes Against Older Persons is hereby created within the Central Repository.

      2.  The Repository for Information Concerning Crimes Against Older Persons must contain a complete and systematic record of all reports of the abuse, neglect, exploitation, isolation or abandonment of older persons in this State. The record must be prepared in a manner approved by the Director of the Department and must include, without limitation, the following information:

      (a) All incidents that are reported to [any entity.] state and local law enforcement agencies and the Aging and Disability Services Division of the Department of Health and Human Services.

      (b) All cases that [are currently under investigation] were investigated and the type of such cases.

      [(c) All cases that are referred for prosecution and the type of such cases.

      (d) All cases in which prosecution is declined or dismissed and any reason for such action.

      (e) All cases that are prosecuted and the final disposition of such cases.

      (f) All cases that are resolved by agencies which provide protective services and the type of such cases.]

      3.  [The Director of the Department shall compile and analyze the data collected pursuant to this section to assess the incidence of the abuse, neglect, exploitation, isolation or abandonment of older persons.

      4.]  On or before July 1 of each year, the Director of the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth statistical data on the abuse, neglect, exploitation, isolation or abandonment of older persons.

      [5.  The data acquired pursuant to this section is confidential and must be used only for the purpose of research.]

      4.  The data and findings generated pursuant to this section must not contain information that may reveal the identity of an individual victim or a person accused of the abuse, neglect, exploitation, isolation or abandonment of older persons.

 


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ê2017 Statutes of Nevada, Page 2686 (Chapter 401, AB 76)ê

 

      [6.]5.  As used in this section:

      (a) “Abandonment” has the meaning ascribed to it in NRS 200.5092.

      (b) “Abuse” has the meaning ascribed to it in NRS 200.5092.

      (c) “Exploitation” has the meaning ascribed to it in NRS 200.5092.

      (d) “Isolation” has the meaning ascribed to it in NRS 200.5092.

      (e) “Neglect” has the meaning ascribed to it in NRS 200.5092.

      (f) “Older person” means a person who is 60 years of age or older.

      Sec. 15. NRS 179B.250 is hereby amended to read as follows:

      179B.250  1.  The Department shall establish and maintain within the Central Repository a community notification website to provide the public with access to certain information contained in the statewide registry in accordance with the procedures set forth in this section.

      2.  The community notification website is the source of record for information available to the public concerning offenders listed in the statewide registry, and must:

      (a) Be maintained in a manner that will allow the public to obtain relevant information for each offender by a single query for any given zip code or geographical radius set by the user;

      (b) Include in its design all the search field capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920;

      (c) Include, to the extent practicable, links to sex offender safety and education resources;

      (d) Include instructions on how to seek correction of information that a person contends is erroneous; and

      (e) Include a warning that the information on the website should not be used to unlawfully injure, harass or commit a crime against any person named in the registry or residing or working at any reported address and a notice that any such action could result in civil or criminal penalties.

      3.  For each inquiry to the community notification website, the requester may provide:

      (a) The name of the subject of the search;

      (b) Any alias of the subject of the search;

      (c) The zip code of the residence, place of work or school of the subject of the search; or

      (d) Any other information concerning the identity or location of the subject of the search that is deemed sufficient in the discretion of the Department.

      4.  For each inquiry to the community notification website made by the requester, the Central Repository shall:

      (a) Explain the levels of registration and community notification that are assigned to sex offenders pursuant to NRS 179D.010 to 179D.550, inclusive; and

      (b) Explain that the Central Repository is prohibited by law from disclosing certain information concerning certain offenders, even if those offenders are listed in the statewide registry.

      5.  If an offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search, the Central Repository shall disclose to the requester information in the statewide registry concerning the offender as provided pursuant to subsection 6.

 


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ê2017 Statutes of Nevada, Page 2687 (Chapter 401, AB 76)ê

 

      6.  After each inquiry to the community notification website made by the requester, the Central Repository shall inform the requester that:

      (a) No offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search;

      (b) The search of the statewide registry has not produced information that is available to the public through the statewide registry; or

      (c) An offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search. Except as otherwise provided in subsection 7, if a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository shall provide the requester with the following information:

             (1) The name of the offender and all aliases that the offender has used or under which the offender has been known.

             (2) A complete physical description of the offender.

             (3) A current photograph of the offender.

             (4) The year of birth of the offender.

             (5) The complete address of any residence at which the offender resides or will reside.

             (6) The address of any location where the offender is or will be:

                   (I) A student, as defined in NRS 179D.110; or

                   (II) A worker, as defined in NRS 179D.120.

             (7) The license plate number and a description of any motor vehicle owned or operated by the offender.

             (8) The following information for each offense for which the offender has been convicted:

                   (I) The offense that was committed, including a citation to and the text of the specific statute that the offender violated.

                   (II) The court in which the offender was convicted.

                   (III) The name under which the offender was convicted.

                   (IV) The name and location of each penal institution, school, hospital, mental facility or other institution to which the offender was committed for the offense.

                   (V) The city, township or county where the offense was committed.

             (9) The tier level of registration and community notification assigned to the offender pursuant to NRS 179D.010 to 179D.550, inclusive.

             (10) Any other information required by federal law.

      7.  If a search of the statewide registry results in a match pursuant to paragraph (c) of subsection 6, the Central Repository shall not provide the requester with:

      (a) The identity of any victim of a sexual offense or crime against a child;

      (b) Any information relating to a Tier I offender unless the offender has been convicted of a sexual offense against a child or a crime against a child;

      (c) The social security number of the offender;

      (d) The name of any location where the offender is or will be:

             (1) A student, as defined in NRS 179D.110; or

             (2) A worker, as defined in NRS 179D.120;

      (e) Any reference to arrests of the offender that did not result in conviction;

 


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ê2017 Statutes of Nevada, Page 2688 (Chapter 401, AB 76)ê

 

      (f) Any other information that is included in the record of registration for the offender other than the information required pursuant to paragraph (c) of subsection 6; or

      (g) Any other information exempted from disclosure by the Attorney General of the United States pursuant to federal law.

      8.  [A person may not use information obtained through the community notification website as a substitute for information relating to the offenses listed in subsection 4 of NRS 179A.190 that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.

      9.]  The provisions of this section do not prevent law enforcement officers, the Central Repository and its officers and employees, or any other person from:

      (a) Accessing information in the statewide registry pursuant to NRS 179B.200;

      (b) Carrying out any duty pursuant to chapter 179D of NRS; or

      (c) Carrying out any duty pursuant to another provision of law.

      [10.]9.  As used in this section, “Tier I offender” has the meaning ascribed to it in NRS 179D.113.

      Sec. 16. NRS 41.100 is hereby amended to read as follows:

      41.100  1.  Except as otherwise provided in this section , [and NRS 179A.230,] no cause of action is lost by reason of the death of any person, but may be maintained by or against the person’s executor or administrator.

      2.  In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if the decedent had lived, except damages awardable under NRS 42.005 or 42.010 or other damages imposed primarily for the sake of example or to punish the defendant.

      3.  Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by the decedent’s executor or administrator include all losses or damages which the decedent incurred or sustained before the decedent’s death, including any penalties or punitive and exemplary damages which the decedent would have recovered if the decedent had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium. This subsection does not apply to the cause of action of a decedent brought by the decedent’s personal representatives for the decedent’s wrongful death.

      4.  The executor or administrator of the estate of a person insured under a policy of life insurance may recover on behalf of the estate any loss, including, without limitation, consequential damages and attorney’s fees, arising out of the commission of an act that constitutes an unfair practice pursuant to subsection 1 of NRS 686A.310.

      5.  This section does not prevent subrogation suits under the terms and conditions of an uninsured motorists’ provision of an insurance policy.

      Sec. 17. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.

 


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ê2017 Statutes of Nevada, Page 2689 (Chapter 401, AB 76)ê

 

118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, [179A.450,] 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

 


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ê2017 Statutes of Nevada, Page 2690 (Chapter 401, AB 76)ê

 

692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 18. NRS 391.033 is hereby amended to read as follows:

      391.033  1.  All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.

      2.  An application for the issuance of a license must include the social security number of the applicant.

      3.  Every applicant for a license must submit with his or her application a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection [7] 8 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 2691 (Chapter 401, AB 76)ê

 

      4.  The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.

      5.  A license must be issued to, or renewed for, as applicable, an applicant if:

      (a) The Superintendent determines that the applicant is qualified;

      (b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:

             (1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or

             (2) Indicate that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable; and

      (c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.

      Sec. 19. NRS 391.035 is hereby amended to read as follows:

      391.035  1.  Except as otherwise provided in NRS 239.0115, an application to the Superintendent of Public Instruction for a license as a teacher or to perform other educational functions and all documents in the Department’s file relating to the application, including:

      (a) The applicant’s health records;

      (b) The applicant’s fingerprints and any report from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History;

      (c) Transcripts of the applicant’s records at colleges or other educational institutions;

      (d) The applicant’s scores on the examinations administered pursuant to the regulations adopted by the Commission;

      (e) Any correspondence concerning the application; and

      (f) Any other personal information,

Ê are confidential.

      2.  It is unlawful to disclose or release the information in an application or any related document except pursuant to paragraph (d) of subsection [7] 8 of NRS 179A.075 or the applicant’s written authorization.

      3.  The Department shall, upon request, make available the applicant’s file for inspection by the applicant during regular business hours.

      Sec. 20.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 21. NRS 179A.105, 179A.180, 179A.190, 179A.200, 179A.210, 179A.220, 179A.230 and 179A.240 are hereby repealed.

      Sec. 22.  This act becomes effective on January 1, 2018.

________

 

 


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ê2017 Statutes of Nevada, Page 2692ê

 

CHAPTER 402, AB 322

Assembly Bill No. 322–Assemblymen Flores, Diaz; Brooks, Bustamante Adams, Jauregui and McCurdy II

 

CHAPTER 402

 

[Approved: June 5, 2017]

 

AN ACT relating to driver authorization cards; revising provisions governing the administration of driver authorization cards; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Motor Vehicles to adopt regulations prescribing the period for which a driver’s license is valid. (NRS 483.380) Those regulations specify that a driver’s license expires on the eighth anniversary or fourth anniversary of the birthday of the licensee, depending upon certain circumstances. (NAC 483.043) Under existing law a driver authorization card expires on the anniversary of its issuance or renewal. (NRS 483.291) Section 1 of this bill removes the annual expiration requirement for a driver authorization card, and requires instead that such a card expires on the fourth anniversary of the holder’s birthday, measured from the birthday nearest the date of issuance or renewal.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 483.291 is hereby amended to read as follows:

      483.291  1.  An application for an instruction permit or for a driver authorization card must:

      (a) Be made upon a form furnished by the Department.

      (b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      (c) Be accompanied by the required fee.

      (d) State the name, date of birth, sex and residence address of the applicant and briefly describe the applicant.

      (e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

      (f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

      2.  Every applicant must furnish proof of his or her name and age by displaying an original or certified copy of:

      (a) Any one of the following documents:

             (1) A birth certificate issued by a state, a political subdivision of a state, the District of Columbia or any territory of the United States;

             (2) A driver’s license issued by another state, the District of Columbia or any territory of the United States which is issued pursuant to the standards established by 6 C.F.R. Part 37, Subparts A to E, inclusive, and which contains a security mark approved by the United States Department of Homeland Security in accordance with 6 C.F.R. § 37.17;

 


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ê2017 Statutes of Nevada, Page 2693 (Chapter 402, AB 322)ê

 

which contains a security mark approved by the United States Department of Homeland Security in accordance with 6 C.F.R. § 37.17;

             (3) A passport issued by the United States Government;

             (4) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States;

             (5) For persons who served in any branch of the Armed Forces of the United States, a report of separation;

             (6) A Certificate of Degree of Indian or Alaska Native Blood issued by the United States Government;

             (7) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

             (8) A Consular Report of Birth Abroad issued by the Department of State; or

             (9) Such other documentation as specified by the Department by regulation; or

      (b) Any two of the following documents:

             (1) A driver’s license issued by another state, the District of Columbia or any territory of the United States other than such a driver’s license described in subparagraph (2) of paragraph (a);

             (2) A passport issued by a foreign government;

             (3) A birth certificate issued by a foreign government;

             (4) A consular identification card issued by the Government of Mexico or a document issued by another government that the Department determines is substantially similar; or

             (5) Any other proof acceptable to the Department.

Ê No document which is written in a language other than English may be accepted by the Department pursuant to this subsection unless it is accompanied by a verified translation of the document in the English language.

      3.  Every applicant must prove his or her residence in this State by displaying an original or certified copy of any two of the following documents:

      (a) A receipt from the rent or lease of a residence located in this State;

      (b) A record from a public utility for a service address located in this State which is dated within the previous 60 days;

      (c) A bank or credit card statement indicating a residential address located in this State which is dated within the previous 60 days;

      (d) A stub from an employment check indicating a residential address located in this State;

      (e) A document issued by an insurance company or its agent, including, without limitation, an insurance card, binder or bill, indicating a residential address located in this State;

      (f) A record, receipt or bill from a medical provider indicating a residential address located in this State; or

      (g) Any other document as prescribed by the Department by regulation.

      4.  Except as otherwise provided in subsection 5, a driver authorization card or instruction permit obtained in accordance with this section must:

      (a) Contain the same information as prescribed for a driver’s license pursuant to NRS 483.340 and any regulations adopted pursuant thereto;

 


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      (b) Be of the same design as a driver’s license and contain only the minimum number of changes from that design that are necessary to comply with subsection 5; and

      (c) Be numbered from the same sequence of numbers as a driver’s license.

      5.  A driver authorization card or instruction permit obtained in accordance with this section must comply with the requirements of section 202(d)(11) of the Real ID Act of 2005, Public Law 109-13, Division B, Title II, 119 Stat. 302, 312-15, 49 U.S.C. § 30301 note.

      6.  Notwithstanding the provisions of NRS 483.380, every driver authorization card [expires on the anniversary of its issuance or renewal. Every driver authorization card is] :

      (a) Expires on the fourth anniversary of the holder’s birthday, measured in the case of initial issuance or renewal from the birthday nearest the date of issuance or renewal.

      (b) Is renewable at any time before its expiration upon application and payment of the required fee. The Department may, by regulation, defer the expiration of the driver authorization card of a person who is on active duty in the Armed Forces of the United States upon such terms and conditions as it may prescribe. The Department may similarly defer the expiration of the driver authorization card of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.

      7.  A driver authorization card shall not be used to determine eligibility for any benefits, licenses or services issued or provided by this State or its political subdivisions.

      8.  Except as otherwise provided in this section or by specific statute, any provision of this title that applies to drivers’ licenses shall be deemed to apply to a driver authorization card and an instruction permit obtained in accordance with this section.

      Secs. 2 and 3. (Deleted by amendment.)

      Sec. 4.  This act becomes effective on July 1, 2017.

________

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 2695ê

 

CHAPTER 403, AB 379

Assembly Bill No. 379–Assemblywoman Joiner

 

CHAPTER 403

 

[Approved: June 5, 2017]

 

AN ACT relating to local governments; authorizing, under certain circumstances, the governing body of a county or city to create a parks, trails and open space district; setting forth the duties and authority of the board of trustees of such a district; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill authorizes, under certain circumstances, the governing body of a county or city to create a parks, trails and open space district.

      Sections 7-12 of this bill set forth the process for such a governing body to create such a district. Section 7 provides general authority for the creation of such a district. Section 8 provides that the creation of a district is initiated by: (1) a resolution adopted by the governing body; or (2) a petition to a governing body by an owner of property within the proposed boundaries of the district.

      Section 8.3 of this bill requires the governing body of a county or city to create a service plan for a proposed district before creating the district. Section 8.4 of this bill requires the governing body to hold a public hearing to consider the service plan of the proposed district. Section 8.5 of this bill authorizes the governing body to approve the service plan, disapprove the service plan or conditionally approve the service plan. Section 8.6 of this bill sets forth certain circumstances where a governing body must disapprove the service plan of a proposed district. Section 8.7 of this bill requires an ordinance creating a district to incorporate the approved service plan. Section 8.7 also requires material modifications to the service plan to be made by the governing body in the same manner as the original approval of the service plan.

      Section 9 provides that after the creation of a district is initiated and the service plan is approved, the relevant county or city clerk must mail written notice to all property owners within the proposed district. Section 10 authorizes any owner of property within the proposed district to protest the creation of the district. Section 11 sets forth certain circumstances where the creation of a district is prohibited.

      Section 13 of this bill provides for the appointment of initial members of the board of trustees of a district. Sections 16 and 17 of this bill set forth how members of the board of trustees will be elected after the initial appointment of members.

      Sections 19 and 20 of this bill prohibit members of the board of trustees of a district from being interested in the purchase or sale of property belonging to the district or entering into certain contracts.

      Sections 25-29 of this bill set forth the various powers of a board in relation to parks, trails and open space.

      Section 29.5 of this bill authorizes any local government within the boundaries of a district to contribute part of its revenue to support the facilities, improvements or projects of the district.

      Section 30 of this bill authorizes a board, under certain circumstances, to establish fees or special assessments for facilities, improvements or projects of the district. Section 30.5 of this bill sets forth the procedure in certain counties to follow when a potential dwelling unit within the district is not being charged for the services provided by the district. Sections 34 and 35 of this bill authorize, under certain circumstances, a board to impose ad valorem taxes. Sections 30, 31 and 34-38 of this bill set forth the process for imposing and collecting any such fees, special assessments or ad valorem taxes.

 


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      Sections 40-42 of this bill set forth the procedure for changing the boundaries of a district.

      Sections 43-47 of this bill authorize a board, under certain circumstances, to issue bonds and borrow money.

      Sections 32 and 49-51 of this bill set forth the requirements for the dissolution, merger or consolidation of a district.

 

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

 

      Whereas, Parks, trails and open spaces are essential to the health, quality of life and economic prosperity of the residents of this State; and

      Whereas, Well-maintained parks, trails and open spaces stimulate economic growth and enhance the vitality of local and regional communities; and

      Whereas, Protecting water quality and wildlife habitat and ensuring safety in parks, trails and open spaces encourage participation in healthy outdoor activities; and

      Whereas, It is necessary to provide sustainable and reliable funding for the creation and maintenance of parks, trails and open spaces; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 25 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 53, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Nevada Parks, Trails and Open Space District Act.

      Sec. 3. 1.  It is hereby declared as a matter of legislative determination that:

      (a) The organization of parks, trails and open space districts having the purposes, powers, rights, privileges and immunities provided in this chapter will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada;

      (b) The acquisition, construction, reconstruction, restoration, improvement, maintenance and operation of any facility, improvement or project authorized in this chapter is in the public interest and constitutes a part of the established and permanent policy of the State of Nevada; and

      (c) Each district organized pursuant to the provisions of this chapter shall be a body corporate and politic and a quasi-municipal corporation. For the accomplishment of these purposes the provisions of this chapter shall be broadly construed.

      2.  It is hereby further declared that the provisions of this chapter are not intended to provide a method for financing the costs of developing private property.

      3.  It is hereby further declared as a matter of legislative determination that the notice provided for in this chapter for each hearing and action to be taken is reasonably calculated to inform the parties of all proceedings which may directly and adversely affect their legally protected interests.

      Sec. 4. As used in this chapter, unless the context otherwise requires:

 


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      1.  “Board of trustees” and “board” alone each means the board of trustees of a district.

      2.  “Clerk” means:

      (a) If a district is created or proposed to be created by a county, the county clerk.

      (b) If a district is created or proposed to be created by a city, the city clerk.

      3.  “Facility,” “improvement” and “project” includes, without limitation, any structure, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including, without limitation, land, elements, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.

      4.  “Governing body” means the governing body of a county or city that proposes to create or creates a district pursuant to this chapter.

      5.  “Interested party” includes, without limitation, a member of the public, an owner of property within a proposed district or a district, each county, city, town and special district with territory proposed to be located or located within the boundaries of a proposed district or district.

      6.  “Mail” means a single mailing first class or its equivalent, postage prepaid, by deposit in the United States mail, at least 15 days before the designated time or event.

      7.  “Parks, trails and open space district” and “district” each means any parks, trails and open space district organized or, in the case of organizational provisions, proposed to be organized pursuant to this chapter.

      8.  “Special district” means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, weed control district, general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this State as enumerated in title 25 of NRS. The term does not include a local improvement district created pursuant to chapter 309 of NRS or a housing authority.

      9.  “Trustee” means a member of a board of trustees.

      Sec. 5. For the purpose of computing any period of time prescribed in this chapter, the first day of the designated action or time must be excluded and the last day of the designated action or time must be included.

      Sec. 6. 1.  This chapter being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.

      2.  This chapter, without reference to other statutes of the State, except as specifically provided in this chapter, shall constitute full authority for the authorization and issuance of bonds hereunder. No other law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized by this chapter to be done shall be construed as applying to any proceedings taken under this chapter or acts done pursuant thereto, it being intended that this chapter shall provide a separate method of accomplishing its objectives, and not an exclusive one.

 


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separate method of accomplishing its objectives, and not an exclusive one. This chapter must not be construed as repealing, amending or changing any such other law.

      Sec. 7. 1.  Except as otherwise provided in this chapter, the governing body of any county or city within this State is hereby vested with jurisdiction, power and authority to create one or more districts within the county or city which it serves.

      2.  No member of a governing body shall be disqualified to perform any duty imposed by this chapter by reason of ownership of property within any proposed district.

      Sec. 8. 1.  The creation of a district may be initiated by:

      (a) A resolution adopted by the governing body of any county or city; or

      (b) Except as otherwise provided in subsection 2, a petition submitted by any owner of property proposed to be located in the district to the governing body of a county or city. A governing body that receives a petition pursuant to this paragraph is not required to create a district or take any action in relation to the petition.

      2.  If the proposed boundaries of a district include areas within more than one county or city and the creation of the district is initiated by petition pursuant to paragraph (b) of subsection 1, the petition must be submitted to the governing body of the county or city in which is located the largest proportion of the geographic area of the proposed district.

      3.  A resolution adopted pursuant to paragraph (a) of subsection 1 or a petition submitted pursuant to paragraph (b) of subsection 1 must set forth the proposed name, powers, purpose and boundaries of the district.

      4.  A district may be entirely within or entirely without, or partly within or partly without, one or more counties and cities and the district may consist of noncontiguous tracts or parcels of property.

      Sec. 8.2.1.  The Legislature hereby determines and declares that the procedures contained in sections 8.3 to 8.7, inclusive, of this act are necessary for the coordinated and orderly creation of districts and for the logical extension of services for parks, trails and open space throughout the State.

      2.  It is the purpose of sections 8.3 to 8.7, inclusive, of this act to prevent unnecessary proliferation and fragmentation of services for parks, trails and open space, to encourage the extension of existing districts rather than the creation of new districts and to avoid excessive diffusion of local tax sources.

      Sec. 8.3.1.  If a resolution is adopted pursuant to paragraph (a) of subsection 1 of section 8 of this act or if the governing body of a county or city considers the creation of a district after receiving a petition pursuant to paragraph (b) of subsection 1 of section 8 of this act, the governing body must create a service plan for the proposed district before the governing body may determine whether to create the district.

      2.  The service plan must:

      (a) Consist of a financial survey and, if applicable, a preliminary engineering or architectural survey showing how the proposed services are to be provided and financed.

      (b) Include a map of the boundaries of the proposed district and an estimate of the population and assessed valuation of the proposed district.

 


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      (c) Describe the facilities, improvements or projects to be constructed, the standards of such construction, the services to be provided by the district, an estimate of costs, including, without limitation, the cost of acquiring land, engineering services, legal services, proposed indebtedness, including, without limitation, proposed maximum interest rates and any discounts, any other proposed bonds and any other securities to be issued and their type or character, annual operation and maintenance expenses and other major expenses related to the formation and operation of the district.

      (d) Outline the details of any arrangement or proposed agreement with any county or city for the performance of any services between the proposed district and such county or city. The form of any such contract to be used, if available, must be attached to the service plan.

      3.  If the boundaries of a proposed district include territory within more than one county or city, the service plan must be filed with the governing body of each such county or city.

      Sec. 8.4.1.  At any regular meeting of the governing body that is considering whether to create a district, the governing body must set a date for a public hearing where the governing body will consider the service plan for the proposed district. The date for the public hearing to consider such a service plan must be not later than 30 days after the date of the regular meeting.

      2.  The governing body that is considering whether to create a district must provide written notice of the date, time and location of the public hearing on the service plan to:

      (a) The county clerk of each county in which the district is to be located;

      (b) The governing body of each county or city that has territory within the boundaries of the proposed district;

      (c) The governing body of any special district which has levied an ad valorem property tax within the next preceding tax year and has boundaries within a county in which the district is located; and

      (d) If the district was initiated by a petition submitted pursuant to paragraph (b) of subsection 1 of section 8 of this act, the persons who submitted the petition.

      3.  The governing body that is considering whether to create a district must publish legal notice of the date, time, location and purpose of the public hearing on the service plan in a newspaper of general circulation within the county once each week for a period of 3 successive weeks by three publications, the first of which must be at least 20 days before the hearing date. Such publications shall constitute constructive notice to the residents and property owners within the proposed district.

      4.  If there is a county planning commission or a regional county planning commission, the service plan must be delivered to each such planning commission. Each such county planning commission or regional county planning commission must study the service plan and a representative thereof must present its recommendations to the governing body at the public hearing.

      5.  At the public hearing of the governing body to consider the service plan, all interested parties must be afforded an opportunity to be heard under such rules of procedure as may be established by the governing body. Any testimony or evidence which in the discretion of the governing body is relevant to the formation of the proposed district must be considered.

 


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ê2017 Statutes of Nevada, Page 2700 (Chapter 403, AB 379)ê

 

      Sec. 8.5.1.  Subject to the provisions of section 8.6 of this act, with reference to the review of any service plan for the proposed district, the governing body may:

      (a) Approve the service plan without condition or modification;

      (b) Disapprove the service plan for any of the reasons listed in section 8.6 of this act; or

      (c) Conditionally approve the service plan subject to the submission of additional information relating to or modifying the plan.

      2.  Within 20 days after the completion of the public hearing, the governing body shall advise all interested parties in writing of its action on the service plan. If the service plan is approved as submitted, a resolution of approval must be issued. If the service plan is disapproved, the specific detailed reasons for such disapproval must be set forth in writing. If the service plan is conditionally approved, the changes or modifications to be made in, or additional information relating to, the service plan together with the reasons for such changes, modifications or additional information shall also be set forth in writing. Upon the incorporation of such changes, modifications or additional information in the service plan for the proposed district, the governing body must issue a resolution of approval.

      Sec. 8.6.1.  A governing body shall not approve the service plan for a proposed district if:

      (a) There is insufficient existing and projected need for service in the area to be serviced by the proposed district;

      (b) The existing service in the area to be served by the proposed district is adequate for present and projected needs;

      (c) Adequate service is, or will be, available to the area by other existing municipal or quasi-municipal corporations within a reasonable time and on a comparable basis;

      (d) The proposed district is incapable of providing economic and sufficient service to the area within its proposed boundaries;

      (e) The area to be included in the proposed district does not have or will not have the financial ability to discharge the proposed indebtedness, other securities, or other obligations to be incurred on a reasonable basis;

      (f) The facility, improvement, project and service standards of the proposed district are incompatible with the facility, improvement, project and service standards of adjacent municipalities and special districts;

      (g) The proposed district is being formed for the primary purpose of financing the cost of developing private property; or

      (h) The governing body determines that the service plan for the proposed district is not in the public interest.

      2.  If the governing body requests changes or additional information, final approval of the service plan must be contingent upon modification of the service plan to include such changes or additional information.

      3.  The determinations and findings of the governing body must be based solely upon the service plan and evidence presented at the hearing held pursuant to section 8.4 of this act.

      Sec. 8.7.1.  The creation of a district must not be approved before the resolution of approval of the service plan. The approved service plan and the resolution of approval must be incorporated by reference in the ordinance creating the district after there has been a compliance with all other legal procedures for the formation of the proposed district.

 


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      2.  If the service plan is approved, any interested party is entitled to appear and be heard at the hearing of the governing body held to consider the creation of the district pursuant to section 10 of this act.

      3.  Upon final approval by a governing body for the formation of the district, the facilities, improvements, projects, services and financial arrangements of the district must conform to the approved service plan.

      4.  After the organization of a district pursuant to the provisions of this chapter material modifications of the service plan as originally approved may be made by the board of trustees of the district only by petition to and approval by the governing body that formed the district in substantially the same manner as is provided for the approval of an original service plan. Such modifications are required only with regard to changes of a basic or essential nature and are not required for changes of a mechanical type necessary only for the execution of the original service plan.

      5.  Any unreasonable departure from the service plan as originally approved, or, if the same has been modified, then from the service plan as modified, may be enjoined at any time by a district court upon motion of the governing body or any interested party.

      Sec. 9. After the service plan for a proposed district is approved pursuant to sections 8.2 to 8.7, inclusive, of this act, and before taking final action to create the district, the governing body shall cause the clerk to mail written notice to all property owners within the proposed area of the district informing the property owners of the proposed creation of a district. The notice must set forth the proposed name, powers, purpose and boundaries of the district and the time and place of the hearing that will be held by the governing body to determine whether to create the district and where the person may protest its creation.

      Sec. 10. 1.  Any person who owns property which is located within the proposed area of the district may, on or before the date of the hearing, submit a written protest to the creation of the district.

      2.  The governing body shall give full consideration to all protests which have been submitted and hear all persons desiring to be heard and, thereafter, adopt an ordinance creating the district or determining that the district must not be created.

      3.  Except as otherwise provided in section 11 of this act, at the hearing to consider the creation of the district or at a subsequent hearing to which the hearing is adjourned, the governing body may create the district by ordinance if the governing body makes findings that the creation of the district is economically sound and feasible.

      4.  Any ordinance creating a district may:

      (a) Contain changes to the proposed name, powers, purpose or boundaries of the district as may be considered by the governing body to be equitable and necessary.

      (b) Require that the creation of the district is only effective upon approval by a majority of voters who live within the boundaries of the district at the next general election.

      Sec. 11. A governing body shall not create a district pursuant to the provisions of this chapter:

      1.  If a service plan for the district has not been approved pursuant to sections 8.2 to 8.7, inclusive, of this act.

 


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      2.  If, at or before the hearing held pursuant to section 10 of this act, a majority of property owners within the proposed area of the district submit written protests to the creation of the district pursuant to that section.

      3.  If the proposed boundaries of the district include areas within more than one county or city and the governing bodies of all such counties and cities have not entered into an interlocal agreement that includes, without limitation, the consent of each governing body to the creation of the district. Such an interlocal agreement may include any provision relating to the district, including, without limitation, provisions related to the:

      (a) Formation, operation or funding of the district; or

      (b) Selection and membership of the board of trustees of the district.

      4.  If the proposed boundaries of a district overlap with the boundaries of one or more general improvement districts created pursuant to chapter 318 of NRS and the board of trustees of each such general improvement district has not by resolution consented to the creation of the district.

      5.  If the governing body determines that the creation of the district is not in the public interest.

      Sec. 12. 1.  Except as otherwise provided in subsection 2, the adoption of an ordinance creating a district establishes the regular organization of the district, which is a governmental subdivision of this State, a body corporate and politic and a quasi-municipal corporation.

      2.  Within 30 days immediately following the effective date of such ordinance any person who has filed a written protest, as provided in section 10 of this act, shall have the right to commence an action in any court of competent jurisdiction to set aside such determination. Thereafter all actions or suits attacking the regularity, validity and correctness of that ordinance and all proceedings, determinations and instruments taken, adopted or made before such ordinance's final passage, shall be perpetually barred.

      3.  Within 30 days immediately following the effective date of the ordinance creating the district, the governing body shall cause to be filed a copy of the ordinance in the office of the clerk and shall cause to be filed an additional copy of the ordinance in the Office of the Secretary of State, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

      Sec. 13. 1.  Except as otherwise may be provided in an interlocal agreement entered into pursuant to section 11 of this act, after adopting an ordinance creating a district, the governing body must establish:

      (a) Accounting practices and procedures for the district;

      (b) Auditing practices and procedures to be used by the district;

      (c) A budget for the district; and

      (d) Management standards for the district.

      2.  After the duties required by subsection 1 have been performed, the first board of trustees of the district, consisting of 5 members, must be appointed. Except as otherwise provided in this subsection, each governing body of a county or city with territory included within the district that has entered into an interlocal agreement pursuant to section 11 of this act must each appoint one member to the first board of trustees. If:

      (a) More than five counties or cities have territory within the district, the interlocal agreement entered into pursuant to section 11 of this act must determine which governing bodies may appoint the five members of the first board of trustees of the district.

 


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ê2017 Statutes of Nevada, Page 2703 (Chapter 403, AB 379)ê

 

must determine which governing bodies may appoint the five members of the first board of trustees of the district.

      (b) Less than five counties or cities have territory within the district, the governing body of each county or city must appoint one member and the remaining members of the first board of trustees must be appointed as determined pursuant to the terms of the interlocal agreement entered into pursuant to section 11 of this act.

      3.  The members of the first board of trustees must be qualified electors of the district. The trustees must determine by lot which three trustees serve 4 year terms and which two trustees serve 2 year terms.

      4.  The governing body may remove any member of the first board of trustees for cause shown unless an interlocal agreement entered into pursuant to section 11 of this act otherwise prohibits such removal.

      5.  All members of the board of trustees must file with the clerk their oaths of office and corporate surety bonds, at the expense of the district, the bonds to be in an amount not more than $10,000 each, the form and exact amount thereof to be approved and determined, respectively, by the governing body, conditioned for the faithful performance of their duties as trustees. The governing body may from time to time, upon good cause shown, increase or decrease the amount of the bond.

      Sec. 14. 1.  The board shall choose one of its members as chair of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.

      2.  The board shall adopt a seal.

      3.  The secretary shall keep a record of all of the board’s proceedings, minutes of all meetings, any certificates, contracts, bonds given by employees and all corporate acts. Except as otherwise provided in NRS 241.035, the records must be open to inspection of all owners of real property in the district as well as to all other interested persons. A copy of the minutes or audio recordings, if any, must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

      4.  The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records. The treasurer shall file with the clerk, at the expense of the district, a corporate surety bond in an amount not more than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the governing body, conditioned for the faithful performance of the duties of his or her office. Any other officer or trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection. The governing body may, upon good cause shown, increase or decrease the amount of that bond.

      5.  Except as otherwise provided in this subsection, each member of a board of trustees of a district organized pursuant to this chapter may receive as compensation for his or her service not more than $6,000 per year. The compensation of the members of a board is payable monthly, if the budget is adequate and a majority of the members of the board vote in favor of such compensation, but no member of the board may receive any other compensation for his or her service to the district as an employee or otherwise. Each member of the board must receive the same amount of compensation. If a majority of the members of the board vote in favor of an increase in the compensation of the trustees, the increase may not become effective until January 1 of the calendar year immediately following the next biennial election of the district as set forth in section 16 of this act.

 


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become effective until January 1 of the calendar year immediately following the next biennial election of the district as set forth in section 16 of this act.

      Sec. 15. 1.  The board shall, by resolution, designate the place where the office or principal place of the district is to be located, which must be within the corporate limits of the district and which may be changed by resolution of the board. Copies of all those resolutions must be filed with the clerk within 5 days after their adoption. The official records and files of the district must be kept at that office and must be open to public inspection as provided in NRS 239.010.

      2.  The board of trustees shall meet regularly at least once each year, and at such other times at the office or principal place of the district as provided in the bylaws.

      3.  Special meetings may be held on notice to each member of the board as often as, and at such places within the district as, the needs of the district require.

      4.  Three members of the board constitute a quorum at any meeting.

      5.  Unless an interlocal agreement entered into pursuant to section 11 of this act provides otherwise, a vacancy on the board must be filled by a qualified elector of the district chosen by the remaining members of the board.

      Sec. 16. 1.  Except as otherwise provided in this section, the general election for trustees of the district must be conducted by the county clerk and held simultaneously with the general election of the county in which the district is located.

      2.  If a district is located:

      (a) In more than one county, the general election for trustees of the district must be conducted by the county clerk of the county in which is located the largest proportion of the geographic area of the district simultaneously with the general election of that county.

      (b) Wholly within the boundaries of a city, the general election for trustees of the district must be conducted by the city clerk and held simultaneously with the general city election of the city.

      3.  The first biennial election of the district must be held simultaneously with the first general election described in subsection 1 that is held after the creation of the district.

      4.  At the first biennial election, there must be elected by the qualified electors of the district three qualified electors to serve as trustees of the board. At the second biennial election, there must be elected by the qualified electors of the district two qualified electors.

      5.  The term of office of an elected trustees is 4 years and begins on the first Monday in January next following the biennial election.

      6.  The office of trustee is a nonpartisan office.

      7.  The general election laws of this State govern the candidacy, nominations and election of a trustee of the board.

      8.  The provisions of this section that require the election of the board of trustees do not apply if an interlocal agreement entered into pursuant to section 11 of this act provides another method for the selection of the board of trustees.

      Sec. 17. 1.  Except as otherwise provided in subsection 2:

      (a) If there are two regular terms which end on the first Monday in January next following the biennial election, the two qualified electors receiving the highest and next highest number of votes must be elected.

 


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receiving the highest and next highest number of votes must be elected. If there are three regular terms so ending, the three qualified electors receiving the highest, next highest and third highest number of votes must be elected.

      (b) If there is a vacancy in an unexpired regular term to be filled at the biennial election, the candidate who receives the highest number of votes, after there are chosen the successful candidates to fill the vacancies in expired regular terms as provided in paragraph (a), must be elected.

      2.  The provisions of subsection 1 do not apply if an interlocal agreement entered into pursuant to section 11 of this act provides another method for the selection of the board of trustees.

      Sec. 18. Members of the board of trustees are subject to recall from office pursuant to the provisions of the Constitution and statutes of this State.

      Sec. 19. 1.  No trustee may be interested, directly or indirectly, in any property purchased for the use of the district, or in any purchase or sale of property belonging to the district.

      2.  Any contract made in violation of the provisions of subsection 1 may be declared void.

      3.  A trustee who violates the provisions of subsection 1 is guilty of a gross misdemeanor and shall be further punished as provided in NRS 197.230.

      Sec. 20. 1.  Except as otherwise provided in subsection 2, no trustee may:

      (a) Become a contractor under any contract or order for supplies or any other kind of contract authorized by the board, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.

      (b) Be interested in any contract made by the board or to be a purchaser or to be interested in any purchase or sale made by the board.

      2.  The board may purchase supplies or contract for services for the district from one of its members, when not to do so would be a great inconvenience, but the member from whom the supplies are to be bought or with whom the contract for services is to be made shall not vote upon the allowance of the purchase or contract. If the purchase is made or contract let by competitive bidding, the bid of a member of the board may be accepted only if the member is the lowest responsible bidder.

      3.  Any contract made in violation of the provisions of subsection 1 may be declared void.

      4.  A trustee who violates the provisions of subsection 1, directly or indirectly, is guilty of a gross misdemeanor and shall be further punished as provided in NRS 197.230.

      Sec. 21. 1.  A board may request, in writing, assistance from any elected or appointed officer of any county or city in which all or a part of the district is located.

      2.  The officer shall furnish the requested assistance, after an agreement has been reached concerning the amount of money which the board must pay for the assistance. The cost shall not be more than the actual additional expense necessitated by the request.

      Sec. 22. A board has each of the basic powers enumerated in this chapter and designated in the organizational proceedings of the district and other provisions supplemental thereto in this chapter, or otherwise authorized by law.

 


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      Sec. 23. 1.  In any region of this State for which there has been established by interstate compact a regional planning agency, the powers of any district created pursuant to this chapter with respect to the location and construction of all facilities, improvements or projects are subordinate to the powers of such regional planning agency.

      2.  If the boundaries of a district overlap with the boundaries of a conservation district formed pursuant to chapter 548 of NRS, the board of the district must coordinate and consult with the board of supervisors of the conservation district on matters that may impact the conservation district.

      Sec. 24. 1.  Subject to the limitations of this chapter, the board shall have perpetual existence.

      2.  The board shall have the power to have and use a corporate seal.

      3.  The board shall have the power to sue and be sued, and be a party to suits, actions and proceedings.

      Sec. 25. 1.  Subject to the provisions of subsection 2, a board may:

      (a) Acquire, construct, reconstruct, improve, operate, maintain, manage, restore, extend and better lands, works, systems and facilities, improvements and projects for parks, trails and open space.

      (b) Design, compile or administer environmental or cultural reports related to parks, trails and open space.

      (c) Take measures to reduce wildfire, restore native vegetation and conserve and manage natural resources.

      (d) Establish or fund the establishment of educational programs related to recreation at facilities, improvements and projects for parks, trails and open space, including, without limitation, granting funding for personnel who provide such educational programs.

      (e) Enter into an agreement with a federal or state agency or a nonprofit corporation to take one or more of the actions described in paragraph (a), (b), (c) or (d).

      (f) Establish a fund consisting of contributions from private sources, the State or the county and cities in which the district is located for the purpose of matching federal money from any federal source.

      (g) Accept gifts, grants and donations for deposit in any fund established pursuant to paragraph (f).

      2.  Such parks, trails and open space facilities, improvements and projects may include, without limitation, playgrounds, bowling greens, ball parks, public parks, promenades, beaches, marinas, levees, piers, docks, wharves, boat basins, boathouses, harborages, anchorages, gymnasiums, appurtenant shower, locker and other bathhouse facilities, concert halls, theaters, auditoriums, aviaries, aquariums, zoological gardens, biological gardens, vivariums, watersheds, trails, open spaces, lakes, ponds and rivers.

      Sec. 26. 1.  A board may operate, maintain and repair the facilities, improvements and projects acquired by the district.

      2.  The board shall have the power to acquire, dispose of and encumber real and personal property, and any interest therein, including leases, easements and revenues derived from the operation thereof.

      Sec. 27. A board may:

      1.  Manage, control and supervise all the business and affairs of the district.

      2.  Acquire, improve, equip, operate and maintain any district project.

 


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      3.  Hire and retain agents, employees, servants, engineers and attorneys, and any other persons necessary or desirable to effect the purposes of this chapter.

      4.  Adopt and amend bylaws:

      (a) For carrying on the business, objects and affairs of the board and of the district.

      (b) Regulating the use or right of use of any facility, improvement or project.

      5.  Exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this chapter.

      Sec. 28.  (Deleted by amendment.)

      Sec. 29. 1.  With the approval of the appropriate state or local agency, a board may construct and maintain works and establish and maintain facilities, improvements or projects across or along any public street or highway, and in, upon or over any vacant public lands, which public lands are, or may become, the property of this State, and to construct works and establish and maintain facilities, improvements or projects across any stream of water or watercourse.

      2.  The board shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof.

      Sec. 29.5. Any local government located within the boundaries of a district may contribute any part of its revenues for the support of the facilities, improvements or projects of the district.

      Sec. 30. 1.  A board may, after a public hearing, establish, and from time to time increase or decrease, fees or special assessments for facilities, improvements or projects and pledge the revenue for the payment of any indebtedness or special obligations of the district. A board may not impose any fee or special assessment upon property owned by a governmental entity.

      2.  All fees or special assessments constitute a perpetual lien on and against the property located within the district. A perpetual lien is prior and superior to all liens, claims and titles other than liens of general taxes and other special assessments and is not subject to extinguishment by the sale of any property on account of nonpayment of any liens, claims and titles including the liens of general taxes and other special assessments. A perpetual lien must be foreclosed in the same manner as provided by the laws of this State for the foreclosure of mechanics’ liens. Before any lien is foreclosed, the board shall hold a hearing thereon after providing notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his or her last known address according to the records of the district and the real property assessment roll in the county in which the property is located.

      3.  The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty must not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty, the board may provide for a penalty of not more than 1.5 percent per month for nonpayment of the charges and basic penalty. The board may prescribe and enforce regulations that set forth the date on which a charge becomes delinquent. The board may provide for collection of the penalties provided for in this section.

 


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      4.  A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:

      (a) Mailed to the last known owner at his or her last known address according to the records of the district and the real property assessment roll of the county in which the property is located;

      (b) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;

      (c) Recorded by the county recorder in a book kept by the county recorder for the purpose of recording instruments encumbering land; and

      (d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.

      Sec. 30.5. 1.  If an employee of a district or other person has a reasonable belief that a dwelling unit exists that is not currently being charged for services provided by a district in a county whose population is less than 700,000, the employee or other person may submit an affidavit to the board of trustees of the district, setting forth the facts upon which the employee or other person bases his or her belief, including, without limitation, personal knowledge and visible indications of use of the property as a dwelling unit.

      2.  If a board of trustees receives an affidavit described in subsection 1, the board may set a date for a hearing to determine whether the unit referenced in the affidavit is being used as a dwelling unit. At least 30 days before the date of such a hearing, the board shall send a notice by certified mail, return receipt requested, to the owner of the property where the unit referenced in the affidavit is located at the address listed in the real property assessment roll in the county in which the property is located. The notice must specify the purpose, date, time and location of the hearing.

      3.  Except as otherwise provided in this subsection, if, after the hearing, the board determines that the unit referenced in the affidavit submitted pursuant to subsection 1 is being used as a dwelling unit, the board may adopt a resolution by the affirmative votes of not less than two-thirds of the total membership of the board to charge the owner pursuant to section 30 of this act for the services provided by the district to the dwelling unit. The board shall not adopt such a resolution if the owner provides evidence satisfactory to the board that the unit referenced in the affidavit is not being used as a dwelling unit.

      4.  As used in this section:

      (a) “Dwelling unit” means a structure that is designed for residential occupancy by one or more persons for living and sleeping purposes, consisting of one or more rooms, including a bathroom and kitchen. The term does not include a hotel or a motel.

      (b) “Kitchen” means a room, all or part of which is designed or used for storage, refrigeration, cooking and preparation of food.

      (c) “Owner” means a person to whom the parcel of real property upon which the unit referenced in an affidavit submitted pursuant to subsection 1 is located is assessed in the most recent assessment roll available.

      Sec. 31. 1.  Any board which has adopted fees or special assessments pursuant to this chapter may, by resolution or by separate resolutions, elect to have such charges for the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the county’s general taxes. In such event, it shall cause a written report to be prepared and filed with the secretary, which shall contain a description of each parcel of real property in the district and the amount of the charge for each parcel for such year, computed in conformity with the charges prescribed by the resolution.

 


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and filed with the secretary, which shall contain a description of each parcel of real property in the district and the amount of the charge for each parcel for such year, computed in conformity with the charges prescribed by the resolution.

      2.  The powers authorized by this section are alternative to all other powers of the district, and alternative to other procedures adopted by the board for the collection of such charges.

      3.  The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by descriptions used by the county assessor, or by reference to plats or maps on file in the office of the secretary.

      4.  The board may make the election specified in subsection 1 with respect only to delinquent charges and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.

      5.  The secretary shall cause notice of the filing of the report and of a time and place of hearing thereon to be published once a week for 2 weeks prior to the date set for hearing, in a newspaper of general circulation printed and published within the district if there is one and if not then in such paper printed and published in a county within which the district is located.

      6.  Before the board may have such charges collected on the tax roll, the secretary shall cause a notice in writing of the filing of the report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary. If the board adopts the report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed does not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as provided in this section is adequate.

      7.  At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. If the board finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report must not be adopted and the charges must be collected separately from the tax roll and must not constitute a lien against any parcel or parcels of land.

      8.  Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the report, which determination is final.

      9.  After the hearing, when the board has made a final decision on a fee or special assessment to be collected on the county tax roll, not later than June 1, the secretary shall prepare and file a final report, which shall contain a description of each parcel in the district and the amount of the charge, with the county assessor for inclusion on the assessment roll. If a report is filed after the closing of the assessment roll but before the extension of the tax roll, the auditor shall insert the charges in such extension.

 


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      10.  The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of the time when the lien of taxes on the roll attach.

      11.  The county treasurer shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the county. The charges shall become delinquent at the same time as such taxes and are subject to the same delinquency penalties.

      12.  All laws applicable to the levy, collection and enforcement of general taxes of the county, including, without limitation, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to such charges.

      13.  The county treasurer may issue separate bills for such charges and separate receipts for collection on account of such charges.

      14.  At the request of a county treasurer or county assessor, the board must pay the county treasurer or county assessor for the cost of services provided to the district by the county treasurer or county assessor, as applicable. The cost shall not be more than the actual additional expense to the county treasurer or county assessor, as applicable, for performing such services.

      Sec. 32. 1.  When a district is contained wholly within a city, the board may convey to such city, at the discretion of the district and with the consent of the governing body of the city, all of the property of the district upon the condition that such city:

      (a) Will operate and maintain such property; and

      (b) Assumes all of the indebtedness of such district upon such conditions as the governing body of the city and the board of the district may agree.

      2.  Upon such conveyance and assumption of indebtedness, the district shall be dissolved and a certificate to such effect shall be signed by the clerical officer of the city and filed with the Secretary of State and clerk of the county or city in which the ordinance creating the district was filed.

      Sec. 33. 1.  Any county, city, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any facility, improvement or project, or any part thereof, or any interest in real or personal property or any money available for the construction, improvement, maintenance or operation of any facility, improvement or project.

      2.  Any county, city or special district may transfer, assign and set over to any district any contracts which may have been awarded by the county, city or special district for the construction of facilities, improvements or projects not begun or completed.

      Sec. 34. 1.  Except as otherwise provided in this section, in addition to the other means for providing revenue for the district, a board may levy and collect ad valorem taxes on and against all taxable property within the district.

      2.  A board shall not levy or collect ad valorem taxes on and against any taxable property within the district unless the board has entered into an interlocal agreement with each county in which the district is located.

 


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Any such interlocal agreement must include, without limitation, the consent of each board of county commissioners of a county where the district is located for the board of trustees to levy and collect ad valorem taxes on and against all taxable property within the district.

      3.  The provisions of this section do not authorize a board of trustees to levy and collect ad valorem taxes on property owned by a governmental entity.

      Sec. 35. 1.  To levy and collect ad valorem taxes pursuant to section 34 of this act, a board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and together with other revenues, will raise the amount required by the district annually to supply money for paying:

      (a) The expenses of organization and the costs of operating and maintaining the facilities, improvements and projects of the district; and

      (b) The costs of facilities, improvements and projects of the district and, when due, all interest on and principal of general obligation bonds and other general obligations of the district.

Ê In the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 36 of this act. The board shall identify separately the rate of tax which is levied pursuant to paragraph (a) and the rate which is levied pursuant to paragraph (b) and shall make such information available to the public upon request. The board shall not continue to levy a rate of tax pursuant to paragraph (b) after the cost to the district of acquiring the particular facility, improvement or project for which the rate was levied has been recovered in full.

      2.  The board shall certify to the board of county commissioners, at the same time as fixed by law for certifying thereto tax levies of incorporated cities, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.

      Sec. 36. 1.  A board, in certifying annual levies, must take into account the maturing general obligation indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and deficiencies and defaults of prior years, and make ample provision for the payment thereof.

      2.  If the money produced from such levies, together with other revenues of the district, is not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of taxes as may be necessary for such purposes, and such taxes must be made and continue to be levied until the general obligation indebtedness of the district is fully paid but must not continue after that date.

      Sec. 37. 1.  The body having authority to levy taxes within each county shall levy the taxes provided in this chapter.

      2.  All officials charged with the duty of collecting taxes shall collect such taxes at the time and in the same form and manner, and with like interest and penalties, as other taxes are collected and when collected shall pay the same to the district ordering its levy and collection.

 


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pay the same to the district ordering its levy and collection. The payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district.

      3.  All taxes levied under this chapter, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall constitute, until paid, a perpetual lien on and against the property taxed; and such lien shall be on a parity with the tax lien of other general taxes.

      Sec. 38. If the taxes levied are not paid as provided in this chapter, the property subject to the tax lien shall be sold and the proceeds thereof shall be paid over to the district according to the provisions of the laws applicable to tax sales and redemptions.

      Sec. 39. Subject to the provisions of subsection 2 of section 34 of this act, whenever any indebtedness or other obligations have been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating funds in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.

      Sec. 40. 1.  The boundary of any district organized under the provisions of this chapter may be changed in the manner prescribed in sections 41 and 42 of this act, but the change of boundaries of the district must not impair nor affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it or the property therein might be liable or chargeable had such change of boundaries not been made.

      2.  Property included within or annexed to a district shall be subject to the payment of taxes, assessments and charges, as provided in section 42 of this act. Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of such exclusion, and shall be subject to any outstanding special assessment lien thereon. Personal property may be excluded from a district on such terms and conditions as may be prescribed by the board of the district involved.

      Sec. 41. 1.  A fee owner of real property located in the district, or the fee owners of any real properties which are contiguous to each other and which constitute a portion of the district may file with the board a petition requesting that such lands be excluded from the district.

      2.  Petitions must:

      (a) Describe the property which the petitioners desire to have excluded.

      (b) State that the property is not capable of being served with facilities, improvements or projects of the district, or would not be benefited by remaining in the district.

      (c) Be acknowledged in the same manner and form as required in case of a conveyance of land.

      (d) Be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings.

      3.  The secretary of the board shall cause a notice of filing of such petition to be published, which notice must:

      (a) State the filing of such petition.

      (b) State the names of the petitioners.

      (c) Describe the property mentioned in the petition.

 


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      (d) State the request of the petitioners.

      (e) Notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, why the petition should not be granted.

      4.  The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause why the request of the petition should not be granted.

      5.  The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof.

      6.  The board, if it deems it not for the best interest of the district that the property mentioned in the petition, or portion thereof, be excluded from the district, must order that the petition be denied in whole or in part, as the case may be.

      7.  If the board deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof be excluded from the district, the board must order that the petition be granted in whole or in part, as the case may be.

      8.  There shall be no withdrawal from a petition after consideration by the board nor shall further objection be filed except in case of fraud or misrepresentation.

      9.  Upon allowance of such petition, the board shall file for record a certified copy of its resolution making such change, as provided in section 12 of this act.

      Sec. 42. The boundaries of a district may be enlarged by the inclusion of additional real property therein in the following manner:

      1.  The fee owner or owners of any real property capable of being served with facilities, improvements or projects of the district may file with the board a petition in writing requesting that such property be included in the district.

      2.  The petition must:

      (a) Set forth an accurate legal description of the property owned by the petitioners.

      (b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee owners of such property.

      (c) Be acknowledged in the same manner required for a conveyance of land.

      3.  There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in case of fraud or misrepresentation.

      4.  The board shall hear the petition at an open meeting after publishing the notice of the filing of such petition, and of the place, time and date of such meeting, and the names and addresses of the petitioners. The board shall grant or deny the petition and the action of the board is final and conclusive. If the petition is granted as to all or any of the real property therein described, the board must make an order to that effect, and file it for record as provided in section 12 of this act.

      5.  If the costs of extending the facilities, improvements or projects of the district are paid by the property owners of the area to be included within the district, these property owners are entitled to receive any money charged and collected by the district when additional property owners utilize the facilities, improvements or projects which were extended.

 


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within the district, these property owners are entitled to receive any money charged and collected by the district when additional property owners utilize the facilities, improvements or projects which were extended.

      6.  The board of trustees of the district shall pay to the property owners pro rata shares of the money charged and collected.

      7.  After the date of its inclusion in such district, such property is subject to all of the taxes and charges imposed by the district, and is liable for its proportionate share of existing general obligation bonded indebtedness of the district but it is not liable for any taxes or charges levied or assessed prior to its inclusion in the district, nor shall its entry into the district be made subject to or contingent upon the payment or assumption of any penalty, toll or charge, other than any reasonable annexation charge which the board may fix and uniformly assess and the tolls and charges which are uniformly made, assessed or levied for the entire district. Such charges shall be computed in such a manner as not to place a new charge against the district members nor penalize the area annexed.

      Sec. 43. 1.  Upon the conditions and under the circumstances set forth in this chapter, a district may borrow money and issue the following securities to evidence such borrowing:

      (a) Short-term notes, warrants and interim debentures.

      (b) General obligation bonds.

      (c) Revenue bonds.

      (d) Special assessment bonds.

      2.  The board of trustees of a district whose population within its boundaries is less than 5,000, shall not borrow money or issue securities to evidence such borrowing unless the board has obtained the approval of the debt management commission of the county in which the district is located.

      3.  The board of trustees of a district whose population within its boundaries is less than 5,000, shall not forward a resolution authorizing medium-term obligations to the Executive Director of the Department of Taxation unless such financing is approved by the debt management commission pursuant to subsection 2.

      Sec. 44. A district may borrow money and incur or assume indebtedness therefor, as provided in this chapter, so long as the total of all such indebtedness, excluding revenue bonds, special assessment bonds and other securities constituting special obligations which are not debts, does not exceed an amount equal to 50 percent of the total of the last assessed valuation of taxable property, excluding motor vehicles, situated within such district.

      Sec. 45. 1.  A district, upon the affirmative vote of four trustees, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues, excluding special assessments, and to issue short-term notes, warrants and interim debentures to evidence the amount so borrowed.

      2.  Such short-term notes, warrants and interim debentures:

      (a) Shall be payable from the fund for which the money was borrowed.

      (b) Shall mature before the close of the fiscal year in which the money is so borrowed, except for interim debentures.

      (c) Shall not be extended or funded except in compliance with the Local Government Securities Law.

 


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      Sec. 46. A district with revenues from the operation of facilities, improvements or projects of the district may issue bonds without the necessity of holding an election and as an alternative or in addition to other forms of borrowing authorized in this chapter, for the purpose of acquiring or improving the facilities, improvements or projects and such bonds must be made payable solely out of the net revenues derived from the operation of such facilities, improvements or projects. A single bond issue may be had for more than one of such facilities, improvements or projects and the revenues for any and all of the income-producing facilities, improvements and projects may be pledged to pay for any other such facilities, improvements or projects. To that end, a single fund may be established and maintained.

      Sec. 47. 1.  Subject to the limitations and other provisions in this chapter, a board may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsection 2:

      (a) General obligation bonds and other general obligation securities payable from ad valorem taxes;

      (b) General obligation bonds and other general obligation securities payable from ad valorem taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;

      (c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any ad valorem taxes or any special assessments, which payment is secured by a pledge of and lien on such net revenues; or

      (d) Any combination of such securities.

      2.  General obligation or revenue bonds may be sold at a discount only if the amount of discount permitted by the board has been capitalized as a cost of the project.

      Sec. 48. 1.  Except as otherwise provided in subsection 2, such part of the expenses of making any public improvement, as the board determines by an affirmative vote of at least two-thirds of its members, may be defrayed by special assessments upon lands and premises located within the district and abutting upon that part of the street or alley so improved or proposed so to be, or the lands located within the district and abutting upon the improvement and the other lands as in the opinion of the board may be specially benefited by the improvement.

      2.  All property owned and used by a school district is exempt from any assessment made pursuant to the provisions of this chapter.

      Sec. 49. 1.  Except as otherwise provided in section 32 of this act, the dissolution, merger or consolidation of a district may be initiated by resolution of a majority of the members of the governing body that created the district upon a finding that the dissolution, merger or consolidation is in the best interests of the district. Upon adoption of the resolution, the governing body must mail written notice to all property owners within the district setting forth the time and place for the hearing on the proposed dissolution, merger or consolidation.

      2.  Any person who owns property which is located within the district may, on or before the date of the hearing, protest against the dissolution of such district, in writing.

 


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      3.  If, at or before the hearing, written protest is filed signed by a majority of the owners of property within the district, the district may not be dissolved, merged or consolidated.

      Sec. 50. 1.  At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned, the governing body must give full consideration to all protests which may have been filed, hear all persons desiring to be heard and, except as otherwise provided in subsection 2, thereafter approve the dissolution, merger or consolidation or make a determination that district may not be dissolved, merged or consolidated.

      2.  Before a district that includes areas within more than one county or city may be dissolved, merged or consolidated, the governing bodies of the counties and cities must approve the dissolution, merger or consolidation and negotiate the distribution of property and funds of the district upon dissolution, merger or consolidation.

      3.  Within 30 days after the effective date of the dissolution, merger or consolidation of a district, the clerk must file a copy of the action of the governing body in the clerk’s office and the Office of the Secretary of State, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

      Sec. 51. If a district located wholly within a county or city is dissolved or merged into or consolidated with another district, all property and all funds remaining in the treasury of any district must be:

      1.  Surrendered and transferred to the governing body of the county or city in which the district exists and become a part of the general fund of the county or city, as applicable, if the district is dissolved;

      2.  Transferred to the district which assumes its obligations and functions, if the district is merged; or

      3.  Transferred to the consolidated district, if the district is consolidated.

      Sec. 52. 1.  If, at the time of the dissolution, merger or consolidation of a district there are any outstanding loans or bonded indebtedness of the district, the taxes, fees or special assessments for the payment of the bonds or other indebtedness must continue to be levied and collected in the same manner as if the district had not been dissolved, merged or consolidated until all outstanding indebtedness is repaid.

      2.  All outstanding and unpaid tax sales and levies and all special assessment liens of a dissolved district are valid and remain a lien against the property against which they are assessed or levied until paid, subject to the limitations of liens provided by general law. Taxes and special assessments paid after dissolution must be placed in the general fund of the county in which the property was assessed.

      3.  The governing body of the county or city, as applicable, has the same power to enforce the collection of all special assessments and outstanding tax sales of the district as the district had if it had not been dissolved, merged or consolidated.

      Sec. 53. 1.  Upon notification by the Department of Taxation or upon receipt of a petition signed by 20 percent of the qualified electors of the district, that:

      (a) A district is not being properly managed by the board of trustees; or

 


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      (b) The board of trustees is not complying with the provisions of this chapter or with any other law,

Ê the governing body that created the district must hold a hearing to consider the notification or petition.

      2.  The clerk shall mail written notice to all persons who own property within the district and to all qualified electors of the district, which notice shall set forth the substance of the notification or petition and the time and place of the hearing.

      3.  At the place, date and hour specified for the hearing, or at any subsequent time to which the hearing may be adjourned, the governing body must give full consideration to all persons desiring to be heard and shall thereafter:

      (a) Adopt an ordinance constituting the governing body, ex officio, as the board of trustees of the district;

      (b) Adopt an ordinance providing for the merger, consolidation or dissolution of the district pursuant to sections 49 to 52, inclusive, of this act;

      (c) File a petition in the district court for the county in which the district is located for the appointment of a receiver for the district; or

      (d) Determine by resolution that management and organization of the district will remain unchanged.

      4.  The Department of Taxation or any interested person may, within 30 days immediately following the effective date of the ordinance adopted under paragraph (a) of subsection 3 or resolution adopted under paragraph (d) of subsection 3, commence an action in any court of competent jurisdiction to set aside the ordinance or resolution. After the expiration of 30 days, all actions attacking the regularity, validity and correctness of that ordinance or resolution are barred.

      Sec. 54. NRS 308.020 is hereby amended to read as follows:

      308.020  1.  The Special District Control Law applies to:

      (a) Any special district whose formation is initiated by a board of county commissioners; and

      (b) Any petition for the formation of any proposed special district filed with any board of county commissioners.

      2.  As used in this chapter “special district” means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, weed control district, general improvement district, or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in title 25 of NRS, but excludes:

      (a) All local improvement districts created pursuant to chapter 309 of NRS; [and]

      (b) All parks, trails and open space districts created pursuant to sections 2 to 53, inclusive, of this act; and

      (c) All housing authorities.

      Sec. 55. NRS 318.0954 is hereby amended to read as follows:

      318.0954  1.  The governing body of any district organized or reorganized under and operating as provided in any chapter in title 25 of NRS, excluding chapters 309, 315 and 318 of NRS, and sections 2 to 53, inclusive, of this act, must be designated a board of trustees and shall reorganize as provided in this section so that after the transitional period the board consists of five qualified electors from time to time chosen as provided in NRS 318.095 and other provisions of this chapter supplemental thereto.

 


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board consists of five qualified electors from time to time chosen as provided in NRS 318.095 and other provisions of this chapter supplemental thereto.

      2.  No existing member of any such governing body may be required to resign from the board before the termination of his or her current term of office in the absence of any disqualification as a member of the governing body under such chapter in title 25 of NRS, excluding chapters 309, 315 and 318 of NRS [.] and sections 2 to 53, inclusive, of this act. If a regular term of office of any member of any such governing body would terminate on other than the first Monday of January next following a biennial election in the absence of the adoption of this law, the term must be extended to and terminate on the first Monday in January next following a biennial election and following the date on which the term would have ended.

      3.  If the members of any such governing body at any time number less than five, the number of trustees must be increased to five by appointment, or by both appointment and election, as provided in NRS 318.090, 318.095 and 318.0951.

      4.  In no event may any successor trustee be elected or appointed to fill any purported vacancy in any unexpired term or in any regular term which successor will increase the trustees on a board to a number exceeding five nor which will result in less than two regular terms of office or more than three regular terms of office ending on the first Monday in January next following any biennial election.

      5.  Nothing in this section:

      (a) Prevents the reorganization of a board by division of the district into district trustee election districts pursuant to NRS 318.0952.

      (b) Supersedes the provisions of NRS 318.0953 or 318.09533.

      Sec. 56. NRS 332.015 is hereby amended to read as follows:

      332.015  1.  For the purpose of this chapter, unless the context otherwise requires, “local government” means:

      (a) Every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, 474, 539, 541, 543 and 555 of NRS [.] and sections 2 to 53, inclusive, of this act.

      (b) The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.

      (c) County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive.

      (d) District boards of health created pursuant to the provisions of NRS 439.362 or 439.370.

      2.  The term does not include the Nevada Rural Housing Authority.

      Sec. 57. NRS 338.010 is hereby amended to read as follows:

      338.010  As used in this chapter:

      1.  “Authorized representative” means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.

      2.  “Contract” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

      3.  “Contractor” means:

 


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      (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.

      (b) A design-build team.

      4.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.

      5.  “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

      6.  “Design-build team” means an entity that consists of:

      (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

      (b) For a public work that consists of:

             (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

             (2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

      7.  “Design professional” means:

      (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

      (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

      (c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

      (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

      (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

      8.  “Division” means the State Public Works Division of the Department of Administration.

      9.  “Eligible bidder” means a person who is:

      (a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

      (b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.

      10.  “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

      (a) General engineering contracting, as described in subsection 2 of NRS 624.215.

      (b) General building contracting, as described in subsection 3 of NRS 624.215.

 


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      11.  “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.

      12.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and sections 2 to 53, inclusive, of this act and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

      13.  “Offense” means failing to:

      (a) Pay the prevailing wage required pursuant to this chapter;

      (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;

      (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or

      (d) Comply with subsection 5 or 6 of NRS 338.070.

      14.  “Prime contractor” means a contractor who:

      (a) Contracts to construct an entire project;

      (b) Coordinates all work performed on the entire project;

      (c) Uses his or her own workforce to perform all or a part of the public work; and

      (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.

      15.  “Public body” means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.

      16.  “Public work” means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:

      (a) Public buildings;

      (b) Jails and prisons;

      (c) Public roads;

      (d) Public highways;

      (e) Public streets and alleys;

      (f) Public utilities;

      (g) Publicly owned water mains and sewers;

      (h) Public parks and playgrounds;

      (i) Public convention facilities which are financed at least in part with public money; and

      (j) All other publicly owned works and property.

      17.  “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.

 


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      18.  “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

      (a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

      (b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.

      19.  “Subcontract” means a written contract entered into between:

      (a) A contractor and a subcontractor or supplier; or

      (b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

      20.  “Subcontractor” means a person who:

      (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

      (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

      21.  “Supplier” means a person who provides materials, equipment or supplies for a construction project.

      22.  “Wages” means:

      (a) The basic hourly rate of pay; and

      (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker.

      23.  “Worker” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

      Sec. 58. NRS 350.115 is hereby amended to read as follows:

      350.115  “Bond” means any evidence of borrowing by a municipality that is issued pursuant to the provisions of this chapter or chapter 244, 244A, 268, 269, 271, 318 or 387 of NRS, and sections 2 to 53, inclusive, of this act, whether general or special obligations, including, without limitation, bonds, notes, debentures, warrants and certificates.

      Sec. 59. NRS 354.474 is hereby amended to read as follows:

      354.474  1.  Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive:

      (a) “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318 and 379 of NRS, NRS 450.550 to 450.750, inclusive, and chapters 474, 541, 543 and 555 of NRS, and sections 2 to 53, inclusive, of this act, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

 


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      (b) “Local government” includes the Nevada Rural Housing Authority for the purpose of loans of money from a local government in a county whose population is less than 100,000 to the Nevada Rural Housing Authority in accordance with NRS 354.6118. The term does not include the Nevada Rural Housing Authority for any other purpose.

      2.  An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.

      3.  An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Utilities Service of the United States Department of Agriculture.

      Sec. 60. NRS 354.760 is hereby amended to read as follows:

      354.760  1.  All invoices or other notices issued by a local government to collect an account receivable must state that if the debtor wishes to pay by check or other negotiable instrument, such negotiable instrument must name as payee:

      (a) The local government; or

      (b) The title of the governmental official charged by law with the collection of such accounts.

Ê In no event may the invoice or other notice state that a check or other negotiable instrument may name a natural person as payee.

      2.  Notwithstanding the provisions of subsection 1, a local government may deposit into the appropriate account a check or other negotiable instrument which it determines is intended as payment for an account receivable.

      3.  As used in this section, “local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including, without limitation, counties, cities, towns, boards, authorities, school districts and other districts organized pursuant to chapters 244, 244A, 309, 318, 379, 439, 450, 474, 539, 541, 543 and 555 of NRS [.] and sections 2 to 53, inclusive, of this act.

      Sec. 61. NRS 378.160 is hereby amended to read as follows:

      378.160  As used in NRS 378.150 to 378.210, inclusive:

      1.  “Center” means the State Publications Distribution Center created by NRS 378.170.

      2.  “Depository library” means a library with which the Center has entered into an agreement pursuant to NRS 378.190.

      3.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and sections 2 to 53, inclusive, of this act and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

 


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NRS 450.550 to 450.750, inclusive, and sections 2 to 53, inclusive, of this act and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes the Nevada Rural Housing Authority.

      4.  “Publication” includes any information in any format or medium that is produced pursuant to the authority of or at the total or partial expense of a state agency or local government, is required by law to be distributed by a state agency or local government, or is distributed publicly by a state agency or local government outside that state agency or local government. The term does not include:

      (a) Nevada Revised Statutes with annotations;

      (b) Nevada Reports;

      (c) Bound volumes of the Statutes of Nevada;

      (d) Items published by the University of Nevada Press and other information disseminated by the Nevada System of Higher Education which is not designed for public distribution;

      (e) Official state records scheduled for retention and disposition pursuant to NRS 239.080; or

      (f) Records of a local government which have been scheduled for disposition pursuant to NRS 239.124 or retention pursuant to NRS 239.125.

      5.  “State agency” includes the Legislature, constitutional officers or any department, division, bureau, board, commission or agency of the State of Nevada.

      Sec. 62.  This act becomes effective on July 1, 2017.

________

CHAPTER 404, AB 23

Assembly Bill No. 23–Committee on Corrections, Parole, and Probation

 

CHAPTER 404

 

[Approved: June 5, 2017]

 

AN ACT relating to the Division of Parole and Probation of the Department of Public Safety; authorizing the Division to establish and operate independent reporting facilities for the purpose of providing services to certain parolees and probationers; authorizing the Division to adopt regulations relating to the establishment and operation of independent reporting facilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Division of Parole and Probation of the Department of Public Safety, which is generally responsible for the supervision of parolees and probationers. The Chief of the Division is the Chief Parole and Probation Officer, who is required to administer all activities and services of the Division. (NRS 213.1071, 213.1072)

      Section 1 of this bill: (1) authorizes the Division to establish and operate one or more independent reporting facilities for the purpose of providing certain daily services to any parolee or probationer who is ordered to attend such an independent reporting facility as an intermediate sanction; and (2) authorizes the Chief to contract for any services necessary to operate such independent reporting facilities. Section 1 also authorizes the Division to adopt any regulations necessary to establish and operate such independent reporting facilities.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division may establish and operate one or more independent reporting facilities for the purpose of providing certain daily services, including, without limitation, counseling, health care services and assistance with obtaining employment, to any parolee or probationer who is ordered to attend such an independent reporting facility as an intermediate sanction. The Chief may contract for any services necessary to operate such independent reporting facilities.

      2.  The use by the Division of any resources of another agency or entity to provide services to a parolee or probationer at an independent reporting facility must not be construed to grant any authority to the other agency or entity to operate or assist in the operation of the independent reporting facility.

      3.  The Division may adopt any regulations necessary to carry out the provisions of this section.

      Sec. 2. NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Board” means the State Board of Parole Commissioners.

      2.  “Chief” means the Chief Parole and Probation Officer.

      3.  “Division” means the Division of Parole and Probation of the Department of Public Safety.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.

      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.

      Sec. 3.  This act becomes effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 2725ê

 

CHAPTER 405, AB 127

Assembly Bill No. 127–Assemblywoman Benitez-Thompson

 

CHAPTER 405

 

[Approved: June 5, 2017]

 

AN ACT relating to education; requiring school districts in certain counties to appoint an emergency manager; requiring boards of trustees of school districts and governing bodies of charter schools to consult with certain persons and entities before constructing, expanding or remodeling buildings for schools or related facilities or acquiring sites for those purposes; requiring the Department of Education to conduct an annual conference regarding safety in public schools; requiring the State Public Charter School Authority to annually discuss safety in charter schools at a meeting, workshop or conference; requiring the Department, to the extent that money is available, to make block grants to provide certain mental health workers in public schools; revising provisions governing the development and contents of a plan to respond to a crisis or an emergency in a school; revising provisions governing emergency drills in schools; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for crisis and emergency response in public schools. (NRS 388.229-388.261) Section 4 of this bill requires each school district in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to designate an employee to serve as an emergency manager, whose duties are defined in that section. Section 5 of this bill requires the board of trustees of each school district and the governing body of each charter school to consult with the emergency manager, the chief of school police or his or her designee, or the Division of Emergency Management of the Department of Public Safety, as applicable, before: (1) designing, constructing or purchasing new school buildings or related facilities; (2) enlarging, remodeling or renovating existing school buildings or related facilities; or (3) acquiring sites for building schools or related facilities.

      Section 6 of this bill requires the Department of Education to coordinate with the Division of Emergency Management, any emergency manager, any chief of police of a school district that has police officers and any school resource officer to conduct an annual conference regarding safety in public schools. Section 6 additionally requires the board of trustees of each school district to designate certain persons to attend this conference and authorizes certain other persons to attend the conference. Section 6 also requires the State Public Charter School Authority to annually discuss safety in charter schools at a designated meeting of the Authority or at a workshop or conference coordinated by the Authority. Finally, section 6 requires the governing body of each charter school to designate persons to attend such a meeting, workshop or conference.

      Section 7 of this bill requires the Department of Education, to the extent that money is available for the purpose, to: (1) develop and carry into effect a program of block grants; and (2) make and administer block grants to school districts and charter schools to employ or contract with social workers and other mental health workers in schools with identified needs.

 

 

 


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ê2017 Statutes of Nevada, Page 2726 (Chapter 405, AB 127)ê

 

      Existing law requires the Department of Education to develop a model plan for the management of a crisis or emergency in a public school, including a charter school, and a private school. Among other requirements, the model plan must include a procedure for carrying out a lockdown at a school. (NRS 388.253) Section 2 of this bill defines “lockdown” for these purposes. Existing law also requires the board of trustees of a school district and the governing body of a charter school to establish a development committee to develop a plan to be used by each public school of the school district or the charter school, as applicable, in responding to a crisis or an emergency and requires the development committee to consult with certain persons and entities when developing the plan. (NRS 388.241, 388.243) Section 9 of this bill requires each development committee, when developing the plan, to also consult with an emergency manager, a school resource officer or the chief of school police of the school district, if such a person exists in the school district.

      Existing law requires each school district, each charter school and each private school to provide drills for pupils at least once each month during the school year to instruct those pupils in the procedures to be followed in the event of a fire or other emergency. (NRS 392.450, 394.170) Sections 13 and 14 of this bill require at least one-half of these drills to include instruction in appropriate procedures to be followed in the event of a lockdown, as defined in section 2 of this bill. Sections 13 and 14 also revise provisions governing the emergency drills conducted at a school located in a city or town to require the drills to be approved by the chief of the fire department of the city or town or voluntary fire department, as applicable. Finally, section 13 requires: (1) any public school located in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) to conduct the drills under the supervision of the person designated for that purpose by the board of trustees of the school district or the governing body of the charter school, as applicable; and (2) a public school located in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to conduct such drills under the supervision of the emergency manager.

 

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

 

      Whereas, The Legislature recognizes that it is of utmost importance that the public schools in this State are built and maintained in a manner which provides the greatest protection for pupils and staff against harm; and

      Whereas, Each school must be built and maintained to meet or exceed recommended safety standards and be designed to anticipate and protect against modern threats; and

      Whereas, Academic achievement of pupils is adversely affected when the pupils do not feel safe from harm; and

      Whereas, Acts of violence which occur at schools have devastating effects on pupils which may include depression, fear and inappropriate behavior; and

      Whereas, Efforts must be taken to mitigate acts of violence at schools; and

      Whereas, Social workers and other licensed mental health workers who are employed by schools help ensure the safety of pupils, prevent violent and other inappropriate actions by pupils and address the overall well-being of pupils by assessing the needs of pupils and providing pupils with necessary mental health services, counseling and other assistance; and

      Whereas, The Legislature hereby finds and declares that it is optimal to have a ratio of at least 1 social worker or licensed health worker per 250 pupils; and

 


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ê2017 Statutes of Nevada, Page 2727 (Chapter 405, AB 127)ê

 

      Whereas, Each school district must ensure that administrators, teachers and other staff are properly trained regarding the appropriate response to a crisis and crisis management, prevention of violence and emergency response planning so that all schools are prepared to respond appropriately to a crisis or emergency and to quickly mitigate any effects of such a crisis or emergency; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2. “Lockdown” means a circumstance in which the persons on school property are restricted to the interior of a school building and isolated from threats until the school property and surrounding vicinity are deemed to be secure by:

      1.  If the school district has school police officers, the chief of school police of the school district or a person designated by him or her; or

      2.  If the school district does not have school police officers, the school resource officer or a person designated by him or her or, if the school district does not have school resource officers, a local law enforcement agency.

      Sec. 3. “School resource officer” means a deputy sheriff or other peace officer employed by a local law enforcement agency who is assigned to duty at one or more schools, interacts directly with pupils and whose responsibilities include, without limitation, providing guidance and information to pupils, families and educational personnel concerning the avoidance and prevention of crime.

      Sec. 4. Each school district in a county whose population is 100,000 or more shall designate a full-time employee to serve as an emergency manager whose job responsibilities are focused solely on the planning and coordination of available resources for the mitigation of, preparation and training for, response to and recovery from emergencies or crises.

      Sec. 5. 1.  The board of trustees of each school district and the governing body of each charter school shall consult with the person described in subsection 2 or 3, as applicable, regarding safety in schools before:

      (a) Designing, constructing or purchasing new buildings for schools or related facilities;

      (b) Enlarging, remodeling or renovating existing buildings for schools or related facilities; or

      (c) Acquiring sites for building schools or related facilities.

      2.  In a county whose population is 100,000 or more, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection 1 shall consult with the emergency manager designated pursuant to section 4 of this act or, if the school district has school police officers, the chief of school police of the school district or a person designated by him or her.

      3.  In a county whose population is less than 100,000, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection 1 shall consult with:

 


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ê2017 Statutes of Nevada, Page 2728 (Chapter 405, AB 127)ê

 

      (a) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her or, if the school district has designated a full-time employee to serve as an emergency manager, the emergency manager; or

      (b) If the county has not designated a full-time employee to serve as an emergency manager and does not have school police officers, the Division of Emergency Management of the Department of Public Safety.

      Sec. 6. 1.  The Department of Education shall, at least once each year, coordinate with the Division of Emergency Management of the Department of Public Safety, any emergency manager designated pursuant to section 4 of this act, any chief of police of a school district that has police officers and any school resource officer to conduct a conference regarding safety in public schools.

      2.  The board of trustees of each school district shall designate persons to attend the conference held pursuant to subsection 1. The persons so designated must include, without limitation:

      (a) An administrator from the school district;

      (b) If the school district has school resource officers, a school resource officer or a person designated by him or her;

      (c) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her; and

      (d) If the school district has an emergency manager designated pursuant to section 4 of this act, the emergency manager.

      3.  The conference conducted pursuant to subsection 1 may be attended by:

      (a) A licensed teacher of a school or charter school;

      (b) Educational support personnel employed by a school district or charter school;

      (c) The parent or legal guardian of a pupil who is enrolled in a public school; and

      (d) An employee of a local law enforcement agency.

      4.  The State Public Charter School Authority shall annually, at a designated meeting of the State Public Charter School Authority or at a workshop or conference coordinated by the State Public Charter School Authority, discuss safety in charter schools. The governing body of each charter school shall designate persons to attend a meeting, workshop or conference at which such a discussion will take place pursuant to this subsection.

      Sec. 7. To the extent that money is available for the purpose, the Department shall:

      1.  Develop and carry into effect a program of block grants for the purposes described in subsection 2; and

      2.  Make and administer block grants to school districts and charter schools to employ or contract with social workers and other mental health workers in schools with identified needs.

      Sec. 8. NRS 388.229 is hereby amended to read as follows:

      388.229  As used in NRS 388.229 to 388.261, inclusive, and sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 388.231 to 388.235, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

 


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ê2017 Statutes of Nevada, Page 2729 (Chapter 405, AB 127)ê

 

      Sec. 9. NRS 388.243 is hereby amended to read as follows:

      388.243  1.  Each development committee established by the board of trustees of a school district shall develop one plan to be used by all the public schools other than the charter schools in the school district in responding to a crisis or an emergency. Each development committee established by the governing body of a charter school shall develop a plan to be used by the charter school in responding to a crisis or an emergency. Each development committee shall, when developing the plan, consult with:

      (a) The local social service agencies and local public safety agencies in the county in which its school district or charter school is located.

      (b) If the school district has an emergency manager designated pursuant to section 4 of this act, the emergency manager.

      (c) If the school district has school resource officers, a school resource officer or a person designated by him or her.

      (d) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her.

      (e) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  The plan developed pursuant to subsection 1 must include, without limitation:

      (a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;

      (b) A procedure for responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school; and

      (c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency.

      3.  Each development committee shall provide a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

      4.  Except as otherwise provided in NRS 388.249 and 388.251, each public school, including, without limitation, each charter school, must comply with the plan developed for it pursuant to this section.

      Sec. 10. NRS 388.245 is hereby amended to read as follows:

      388.245  1.  Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 388.243. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  Each development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

 


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ê2017 Statutes of Nevada, Page 2730 (Chapter 405, AB 127)ê

 

      3.  The board of trustees of each school district and the governing body of each charter school shall:

      (a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at each school in its school district or at its charter school;

      (b) File with the Department a copy of the notice provided pursuant to paragraph (a);

      (c) Post a copy of NRS 388.229 to 388.261, inclusive, and sections 2 to 7, inclusive, of this act at each school in its school district or at its charter school;

      (d) Retain a copy of each plan developed pursuant to NRS 388.243, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 388.251;

      (e) Provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to:

             (1) Each local public safety agency in the county in which the school district or charter school is located;

             (2) The Division of Emergency Management of the Department of Public Safety; and

             (3) The local organization for emergency management, if any;

      (f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;

      (g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:

             (1) The Department;

             (2) A local public safety agency in the county in which the school district or charter school is located;

             (3) The Division of Emergency Management of the Department of Public Safety;

             (4) The local organization for emergency management, if any;

             (5) A local agency that is included in the plan; and

             (6) An employee of a school who is included in the plan; and

      (h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.

      4.  The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 388.229 to 388.261, inclusive [.] , and sections 2 to 7, inclusive, of this act.

      Sec. 11. NRS 388.253 is hereby amended to read as follows:

      388.253  1.  The Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management, the Investigation Division, and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of a crisis or an emergency that involves a public school, including, without limitation, a charter school, or a private school and that requires immediate action. The model plan must include, without limitation, a procedure for:

 


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ê2017 Statutes of Nevada, Page 2731 (Chapter 405, AB 127)ê

 

      (a) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate;

      (b) Accounting for all persons within a school;

      (c) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;

      (d) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;

      (e) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;

      (f) Reunifying a pupil with his or her parent or legal guardian;

      (g) Providing any necessary medical assistance;

      (h) Recovering from a crisis or an emergency;

      (i) Carrying out a lockdown at a school ; [in which persons are not allowed to enter or exit the school;]

      (j) Providing shelter in specific areas of a school; and

      (k) Providing specific information relating to managing a crisis or an emergency that is a result of:

             (1) An incident involving hazardous materials;

             (2) An incident involving mass casualties;

             (3) An incident involving an active shooter;

             (4) An outbreak of disease;

             (5) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists; or

             (6) Any other situation, threat or hazard deemed appropriate.

      2.  In developing the model plan, the Department shall consider the plans developed pursuant to NRS 388.243 and 394.1687 and updated pursuant to NRS 388.245 and 394.1688.

      3.  The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:

      (a) The model plan developed by the Department pursuant to subsection 1;

      (b) A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245;

      (c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688; and

      (d) A deviation approved pursuant to NRS 388.251 or 394.1692.

      4.  The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.

      Sec. 12. NRS 388.259 is hereby amended to read as follows:

      388.259  A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245, a deviation and any information submitted to a development committee pursuant to NRS 388.249, a deviation approved pursuant to NRS 388.251 and the model plan developed pursuant to NRS 388.253 are confidential and, except as otherwise provided in NRS 239.0115 and NRS 388.229 to 388.261, inclusive, and sections 2 to 7, inclusive, of this act, must not be disclosed to any person or government, governmental agency or political subdivision of a government.

 


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ê2017 Statutes of Nevada, Page 2732 (Chapter 405, AB 127)ê

 

this act, must not be disclosed to any person or government, governmental agency or political subdivision of a government.

      Sec. 13. NRS 392.450 is hereby amended to read as follows:

      392.450  1.  The board of trustees of each school district and the governing body of each charter school shall provide drills for the pupils in the schools in the school district or the charter schools at least once each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a lockdown, fire or other emergency . [, except a crisis governed by NRS 388.229 to 388.261, inclusive.] Not more than three of [those] the drills provided pursuant to this subsection may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters. At least one-half of the drills provided pursuant to this subsection must include instruction in appropriate procedures to be followed in the event of a lockdown.

      2.  In all cities or towns , [which have regularly organized, paid fire departments or voluntary fire departments,] the drills required by subsection 1 must be [conducted under the supervision of] approved by the [:] chief of the fire department of the city or town, if the city or town has a regularly organized, paid fire department or voluntary fire department. In addition, the drills in each school must be conducted under the supervision of the:

      (a) Person designated for this purpose by the board of trustees of the school district or the governing body of a charter school [; and] in a county whose population is less than 100,000; or

      (b) [Chief of the fire department of the city or town.] Emergency manager designated pursuant to section 4 of this act in a county whose population is 100,000 or more.

      3.  A diagram of the approved escape route and any other information related to the drills required by subsection 1 which is approved by the chief of the fire department or, if there is no fire department, the State Fire Marshal must be kept posted in every classroom of every public school by the principal or teacher in charge thereof.

      4.  The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enforced.

      5.  Any violation of the provisions of this section is a misdemeanor.

      6.  As used in this section, “lockdown” has the meaning ascribed to it in section 2 of this act.

      Sec. 14. NRS 394.170 is hereby amended to read as follows:

      394.170  1.  The authorities in charge of every private school within this State shall provide drills for the pupils in the schools at least once in each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a lockdown, fire or other emergency . [, except a crisis governed by NRS 394.168 to 394.1699, inclusive.] Not more than two of [those] the drills provided pursuant to this subsection may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters. At least one-half of the drills provided pursuant to this subsection must include instruction in the appropriate procedures to be followed in the event of a lockdown.

      2.  In all cities or towns , [which have regularly organized, paid fire departments or voluntary fire departments,] the drills required by subsection 1 must be [conducted under the supervision of] approved by the chief of the fire department of the city or town [.]

 


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ê2017 Statutes of Nevada, Page 2733 (Chapter 405, AB 127)ê

 

fire department of the city or town [.] , if the city or town has a regularly organized, paid fire department or voluntary fire department.

      3.  The State Fire Marshal shall prescribe general regulations governing the drills required by subsection 1 and shall, with the cooperation of the Superintendent of Public Instruction, arrange for the supervision of drills in schools . [where the drills are not supervised pursuant to subsection 2.]

      4.  A copy of this section must be kept posted in every classroom of every private school by the principal or teacher in charge thereof.

      5.  The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enforced.

      6.  Any violation of the provisions of this section is a misdemeanor.

      7.  As used in this section, “lockdown” has the meaning ascribed to it in section 2 of this act.

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

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

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

      3.  Except as otherwise provided in paragraph (c), all expenditures from the Emergency Assistance Account must be approved in advance by the Division. Except as otherwise provided in subsection 4, all money in the Emergency Assistance Account must be expended:

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

      (b) To pay any actual expenses incurred by the Division for administration during a natural, technological or man-made emergency or disaster; and

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

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

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

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

      (c) Carry out the provisions of NRS 388.229 to 388.261, inclusive [.] , and sections 2 to 7, inclusive, of this act.

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

 


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ê2017 Statutes of Nevada, Page 2734 (Chapter 405, AB 127)ê

 

      6.  The Division shall adopt such regulations as are necessary to administer the Emergency Assistance Account.

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

      Sec. 16.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 17.  This act becomes effective on July 1, 2017.

________

CHAPTER 406, AB 205

Assembly Bill No. 205–Assemblyman Araujo

 

CHAPTER 406

 

[Approved: June 5, 2017]

 

AN ACT relating to cremation; authorizing the use of alkaline hydrolysis for cremation; requiring notice be provided to certain entities relating to a crematory which intends to use alkaline hydrolysis for cremation; revising provisions relating to the location of a crematory; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law regulates the cremation of human remains and the operation of facilities for cremation. (NRS 451.600-451.715, chapter 642 of NRS) For the purposes of those provisions, sections 3 and 10 of this bill expand the current definition of cremation to include “alkaline hydrolysis,” which is a water-based process for reducing human remains to bone fragments through the use of alkaline chemicals and agitation. A result of this change is to make certain fee and penalty provisions applicable to this type of cremation. Section 3.5 of this bill requires a crematory to provide written notice of its intent to use alkaline hydrolysis to the Division of Environment Protection of the State Department of Conservation and Natural Resources and any private, public or cooperative entity which operates a sewer system in order to ensure compliance with certain laws relating to the pollution of water.

      In certain cities and towns, existing law limits the location of a crematory to an area that is zoned for mixed, commercial or industrial use and at least 1,500 feet from any parcel zoned for residential use. (NRS 451.635) Sections 5 and 6.5 of this bill require a crematory that only uses alkaline hydrolysis for cremation to comply with these zoning restrictions or obtain authorization from the board of county commissioners or the governing body of the city or town, as applicable, for an exemption. Sections 7 and 8 of this bill make conforming changes to account for differences between cremation by incineration and cremation by alkaline hydrolysis.

 


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ê2017 Statutes of Nevada, Page 2735 (Chapter 406, AB 205)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 451 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.

      Sec. 2. “Alkaline hydrolysis” means the:

      1.  Reduction of human remains to bone fragments through a water-based process of dissolution using alkaline chemicals and agitation to accelerate natural decomposition; and

      2.  Processing of the hydrolyzed human remains after their removal from the container in which the process of dissolution occurs.

      Sec. 3. “Cremation” means the technical process that reduces human remains to bone fragments by using alkaline hydrolysis or incineration.

      Sec. 3.5. 1.  After obtaining a license pursuant to NRS 451.635 and at least 90 days before the operator of a crematory purchases equipment for alkaline hydrolysis for cremation, the operator must provide to the Division of Environmental Protection of the State Department of Conservation and Natural Resources and any private, public or cooperative operator of a sanitary sewer in the area in which the crematory is located written notice containing:

      (a) The date on which the equipment for alkaline hydrolysis is proposed to be purchased; and

      (b) A list of the equipment that is proposed to be purchased.

      2.  The Division and each operator of a sanitary sewer notified pursuant to subsection 1 shall ensure that the equipment which the operator proposes to purchase for alkaline hydrolysis complies with the provisions of NRS 445A.300 to 445A.730, inclusive, and any local law, ordinance or regulation.

      Sec. 4. NRS 451.600 is hereby amended to read as follows:

      451.600  As used in NRS 451.600 to 451.715, inclusive, and sections 2, 3 and 3.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 451.605 to 451.630, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 451.635 is hereby amended to read as follows:

      451.635  1.  No person may cremate human remains except in a crematory whose operator is licensed by the Nevada Funeral and Cemetery Services Board.

      2.  The licensed operator of a crematory shall ensure that all persons physically operating the crematory equipment have completed a crematory certification program approved by the Board and maintain proof of completion of the program at the site where the crematory equipment operated by the person is located. Such proof of completion must be made available to the Board upon request or as part of any inspection or investigation conducted by the Board.

 

 

 

 


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ê2017 Statutes of Nevada, Page 2736 (Chapter 406, AB 205)ê

 

      3.  [If] Except as otherwise provided in subsection 4, if a crematory is proposed to be located in an incorporated city whose population is 60,000 or more or in an unincorporated town that is contiguous to such an incorporated city, the Board shall not issue a license to the applicant unless the proposed location of all structures associated with the crematory are:

      (a) In an area which is zoned for mixed, commercial or industrial use; and

      (b) At least 1,500 feet from the boundary line of any parcel zoned for residential use.

      4.  If a crematory proposes to cremate human remains only through alkaline hydrolysis, the Board may issue a license to the applicant regardless of the location if the board of county commissioners of the county or the governing body of the city or town, as applicable, in which the crematory is proposed to be located provides written notice to the Board consenting to the proposed location of the crematory.

      5.  The Board shall prescribe and furnish forms for application for licensing. An application must be in writing and contain:

      (a) The name and address of the applicant and the location or proposed location of the crematory;

      (b) A description of the structure and equipment to be used in operating the crematory; and

      (c) Any further information that the Board may reasonably require.

      [5.]6.An application must be signed by the applicant personally, by one of the partners if the applicant is a partnership, or by an authorized officer if the applicant is a corporation or other form of business organization.

      [6.]7.The Board shall examine the structure and equipment and, if applicable, the location and shall issue the license if:

      (a) It appears that the proposed operation will meet the requirements of NRS 451.600 to 451.715, inclusive [;] , and sections 2, 3 and 3.5 of this act; and

      (b) The applicant has paid all fees related to the application.

      [7.]8.If the ownership of a crematory is to be changed, the proposed operator shall apply for licensing at least 30 days before the change.

      Sec. 6. NRS 451.640 is hereby amended to read as follows:

      451.640  1.  The Nevada Funeral and Cemetery Services Board shall adopt regulations for the administration of NRS 451.600 to 451.715, inclusive [.] , and sections 2, 3 and 3.5 of this act. Unless governed by the regulations of the State Board of Health, the regulations of the Nevada Funeral and Cemetery Services Board must include, without limitation:

      (a) The conditions under which the remains of a person who has died from a communicable or otherwise dangerous disease may be transported to a crematory for cremation; and

      (b) The minimum standards for sanitation, required equipment and protection from fire.

      2.  The Nevada Funeral and Cemetery Services Board may bring legal proceedings to enjoin any person who violates any provision of NRS 451.600 to 451.715, inclusive, and sections 2, 3 and 3.5 of this act, any regulation adopted pursuant thereto or any order of the Board from operating a crematory. Any person who is so enjoined is liable to the Board for attorney’s fees and court costs.

 


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

ê2017 Statutes of Nevada, Page 2737 (Chapter 406, AB 205)ê

 

      Sec. 6.5. NRS 451.645 is hereby amended to read as follows:

      451.645  1.  A cemetery or funeral home may erect and conduct a crematory if licensed as the operator.

      2.  Except as otherwise provided in [subsection] subsections 3 and 4 of NRS 451.635, a crematory may be erected on or adjacent to the premises of a cemetery or funeral establishment if the location is zoned for commercial or industrial use, or at any other location where the local zoning permits. A crematory must conform to all local building codes and environmental standards.

      Sec. 7. NRS 451.670 is hereby amended to read as follows:

      451.670  1.  No operator of a crematory may require that human remains be placed in a casket, or refuse to accept human remains for cremation because they are not in a casket.

      2.  The container used must:

      (a) Consist of readily combustible materials [;] or, if alkaline hydrolysis will be used to cremate the human remains, materials that are readily dissolvable by alkaline hydrolysis;

      (b) Cover the human remains completely when closed;

      (c) Resist leaking or spilling;

      (d) Be rigid enough for easy handling [;] or, if alkaline hydrolysis will be used to cremate the human remains, be properly supported during transport; and

      (e) Protect the health and safety of employees of the operator.

      3.  Unless otherwise ordered in writing by the agent, the operator shall incinerate or dissolve the container , as applicable, as the remains are cremated.

      Sec. 8. NRS 451.680 is hereby amended to read as follows:

      451.680  1.  The agent, or the person charged with arranging for disposition of the body of a person who has ordered his or her own cremation, shall ensure that any artificial device [whose incineration] that would be dangerous if incinerated or subjected to alkaline hydrolysis, as applicable, is removed from the human remains before their cremation. If he or she is unable to arrange for its removal before the remains are delivered to a crematory, he or she shall inform the operator of the crematory.

      2.  The space within a crematory where cremation takes place must be enclosed and must not be used for any other purpose than the cremation of human remains. Immediately before a container is placed in this chamber, the identification of the human remains within it must be verified by the operator and any identifying document or label for the urn must be removed from the container and kept near the control panel until cremation is complete.

      3.  Upon the completion of cremation, the operator shall:

      (a) Remove the recoverable residue from the chamber;

      (b) Place the bone fragments in an urn with proper identification and insofar as practicable place no other material with them unless authorized by the agent; and

      (c) Dispose of the remaining residue.

      4.  If the cremated remains will not fit in the urn selected by the agent, the operator of the crematory shall hold the remains until the agent selects an urn or urns in which the remains will fit.

 


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

ê2017 Statutes of Nevada, Page 2738 (Chapter 406, AB 205)ê

 

      Sec. 9. NRS 451.715 is hereby amended to read as follows:

      451.715  1.  It is unlawful for any person to:

      (a) Hold himself or herself out to the public as the operator of a crematory without being licensed pursuant to NRS 451.635;

      (b) Sign an order for cremation knowing that the order contains incorrect information; or

      (c) Violate any other provision of NRS 451.600 to 451.715, inclusive, and sections 2, 3 and 3.5 of this act, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board.

      2.  It is unlawful for the operator of a crematory to perform a cremation without an order signed by a person authorized to order the cremation pursuant to NRS 451.024 or 451.655.

      3.  If a crematory is operated in this State in violation of any provision of NRS 451.600 to 451.715, inclusive, and sections 2, 3 and 3.5 of this act, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board, the crematory is a public nuisance and may be abated as such.

      Sec. 10. NRS 642.011 is hereby amended to read as follows:

      642.011  “Cremation” [means the technical process that reduces human remains to bone fragments by using heat and evaporation.] has the meaning ascribed to it in section 3 of this act.

      Sec. 11.  This act becomes effective 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 on January 1, 2018, for all other purposes.

________

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 2739ê

 

CHAPTER 407, AB 505

Assembly Bill No. 505–Committee on Ways and Means

 

CHAPTER 407

 

[Approved: June 5, 2017]

 

AN ACT making appropriations to the Department of Corrections for a new telephone system and for certain information system projects; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $2,339,477 for an electronic medical records system to store inmate medical records and interface with the Department’s offender management system and other vendor software systems.

      2.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $1,285,440 for the continuation of the transition from the Nevada Offender Tracking Information System to a new internal system.

      3.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $2,263,231 for the installation of a new telephone system for the Department.

      4.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $637,085 for the replacement of the Nevada Staffing Information System used to schedule correctional officers.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

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

ê2017 Statutes of Nevada, Page 2740ê

 

CHAPTER 408, AB 506

Assembly Bill No. 506–Committee on Ways and Means

 

CHAPTER 408

 

[Approved: June 5, 2017]

 

AN ACT making appropriations to the Nevada Gaming Control Board for certain costs relating to the Alpha Migration Project; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Nevada Gaming Control Board the sum of $2,091,590 for phase three of the Alpha Migration Project.

      2.  There is hereby appropriated from the State General Fund to the Nevada Gaming Control Board the sum of $124,908 for in-state travel costs for information technology staff to provide support for phase three of the Alpha Migration Project.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

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ê2017 Statutes of Nevada, Page 2741ê

 

CHAPTER 409, AB 507

Assembly Bill No. 507–Committee on Ways and Means

 

CHAPTER 409

 

[Approved: June 5, 2017]

 

AN ACT making appropriations to the Department of Public Safety for the replacement of vehicles, pickup trucks and motorcycles for the Nevada Highway Patrol; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State Highway Fund to the Department of Public Safety the sum of $8,531,643 for the replacement of vehicles and pickup trucks for the Nevada Highway Patrol.

      2.  There is hereby appropriated from the State Highway Fund to the Department of Public Safety the sum of $385,252 for the replacement of motorcycles for the Nevada Highway Patrol.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2019.

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

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ê2017 Statutes of Nevada, Page 2742ê

 

CHAPTER 410, AB 508

Assembly Bill No. 508–Committee on Ways and Means

 

CHAPTER 410

 

[Approved: June 5, 2017]

 

AN ACT making an appropriation to the Department of Public Safety for the replacement of dispatch center consoles and portable hand-held radios; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State Highway Fund to the Department of Public Safety the sum of $1,218,872 for the replacement of dispatch center consoles and portable hand-held radios.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2019.

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

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

ê2017 Statutes of Nevada, Page 2743ê

 

CHAPTER 411, AB 510

Assembly Bill No. 510–Committee on Ways and Means

 

CHAPTER 411

 

[Approved: June 5, 2017]

 

AN ACT making appropriations to the Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation and the Bureau of Vocational Rehabilitation of the Rehabilitation Division of the Department for the enhancement of client information systems; authorizing the expenditure of certain money by those Bureaus for the same purposes; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation the sum of $131,074 for an enhancement to the Bureau’s client information system.

      2.  Expenditure of $484,297 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Bureau for the same purpose as set forth in subsection 1.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Bureau of Vocational Rehabilitation of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation the sum of $524,295 for an enhancement to the Bureau’s client information system.

      2.  Expenditure of $1,937,185 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Bureau for the same purpose as set forth in subsection 1.

      Sec. 3.  Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 4.  This act becomes effective upon passage and approval.

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

ê2017 Statutes of Nevada, Page 2744ê

 

CHAPTER 412, SB 533

Senate Bill No. 533–Committee on Finance

 

CHAPTER 412

 

[Approved: June 5, 2017]

 

AN ACT making appropriations to the Division of Welfare and Supportive Services of the Department of Health and Human Services for certain information system projects; authorizing the expenditure of certain money by the Division for such purposes; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $127,500 for a master client index to develop a cross index of all databases of the Department.

      2.  Expenditure of $1,147,500 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Division for the same purpose as set forth in subsection 1.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $1,000,000 for modernization of Access Nevada to provide clients of the Division with the opportunity to submit electronic applications for Medicaid, the Supplemental Nutrition Assistance program and Temporary Assistance for Needy Families.

      2.  Expenditure of $9,000,000 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Division for the same purpose as set forth in subsection 1.

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $407,673 for a case management system to allow for the “no wrong door” approach to serving clients throughout the Department.

      2.  Expenditure of $3,458,225 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Division for the same purpose as set forth in subsection 1.

      Sec. 4.  1.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $9,304,699 for the second phase to modernize the automated processing system for the child support enforcement program.

 

 


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

ê2017 Statutes of Nevada, Page 2745 (Chapter 412, SB 533)ê

 

      2.  Expenditure of $20,120,886 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Division for the same purpose as set forth in subsection 1.

      Sec. 5.  Any remaining balance of the appropriations made by sections 1 to 4, inclusive, of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 6.  This act becomes effective upon passage and approval.

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CHAPTER 413, SB 460

Senate Bill No. 460–Committee on Government Affairs

 

CHAPTER 413

 

[Approved: June 5, 2017]

 

AN ACT relating to labor relations in local government; increasing the size of the Local Government Employee-Management Relations Board from three members to five members; increasing the number of members of the Board who may belong to the same political party from two members to three members; requiring that at least three members of the Board reside in southern Nevada; increasing the number of members that constitute a quorum of the Board from two members to three members; generally authorizing a majority of a quorum to exercise the powers of the Board; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Local Government Employee-Management Relations Board, which oversees labor relations between local government employers and local government employees. The Board consists of three members appointed by the Governor. In addition to other qualifications and limitations, not more than two of the members may belong to the same political party. (NRS 288.080) Section 1 of this bill: (1) increases the membership of the Board to five members; (2) increases the number of members of the Board who may belong to the same political party to three members; and (3) requires that at least three members of the Board reside in southern Nevada. Section 2 of this bill increases from two to three the number of members that constitute a quorum and provides, with certain exceptions, that a majority of a quorum present at any meeting may exercise all the power and authority conferred on the Board. Section 2 further provides that a majority vote of the entire membership of the Board is required to take certain actions, including the appointment of the Commissioner of the Board, the adjustment of the fee charged to local government employers for the support of the Board and the adoption of any rule or regulation. Finally, whenever less than five members of the Board are present at a meeting, section 2 provides that not more than two of the members present may be members of the same political party.

 


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

ê2017 Statutes of Nevada, Page 2746 (Chapter 413, SB 460)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 288.080 is hereby amended to read as follows:

      288.080  1.  The Local Government Employee-Management Relations Board is hereby created, consisting of [three] five members, broadly representative of the public and not closely allied with any employee organization or local government employer, not more than [two] three of whom may be members of the same political party [.] , and at least three of whom must reside in southern Nevada. The term of office of each member is 4 years.

      2.  The Governor shall appoint the members of the Board.

      Sec. 2. NRS 288.090 is hereby amended to read as follows:

      288.090  1.  The members of the Board shall annually elect one of their number as Chair and one as Vice Chair. [Any two] Except as otherwise provided in this section, any three members of the Board constitute a quorum [.] , and a majority of a quorum present at any meeting may exercise all the power and authority conferred on the Board.

      2.  Except by a majority vote of the entire membership of the Board, the Board may not:

      (a) Elect a Chair or Vice Chair;

      (b) Appoint the Commissioner or Secretary of the Board, or terminate the employment of the Commissioner or Secretary;

      (c) Adjust the fee charged to local government employers pursuant to NRS 288.105 or impose a civil penalty for failure to pay the fee;

      (d) Make or adopt any rule or regulation; or

      (e) Grant permission to a local government employer to withdraw recognition from an employee organization or order an election pursuant to NRS 288.160.

      3.  Whenever less than five members of the Board are present at any meeting, not more than two of the members present may be members of the same political party.

      4.  The Board may, within the limits of legislative appropriations and any other available money:

      (a) Appoint a Commissioner and a Secretary, who are in the unclassified service of the State; and

      (b) Employ such additional clerical personnel as may be necessary, who are in the classified service of the State.

      Sec. 3.  Notwithstanding the amendatory provisions of section 1 of this act, a member of the Local Government Employee-Management Relations Board who was appointed before July 1, 2017, and is otherwise qualified to serve in that capacity, is entitled to serve the remainder of the term to which he or she was appointed.

      Sec. 4.  This act becomes effective on July 1, 2017.

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

ê2017 Statutes of Nevada, Page 2747ê

 

CHAPTER 414, SB 452

Senate Bill No. 452–Committee on Judiciary

 

CHAPTER 414

 

[Approved: June 5, 2017]

 

AN ACT relating to certificates of title; authorizing the Department of Motor Vehicles to issue a new certificate of title or a state agency to issue a salvage title for a vehicle to a person who is unable to provide a certificate of title for the vehicle and who files a bond with the Department or state agency under certain circumstances; setting forth the requirements for filing the bond; requiring the Department or state agency to return the bond under certain circumstances; abolishing certain rights of action against the Department of Motor Vehicles and any officer or employee of the Department; requiring certain lienholders to process all notifications and releases of security interests through the electronic lien system established for the Department; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, if an applicant for registration of a vehicle or transfer of registration is unable to provide a certificate of title for the vehicle, the Department of Motor Vehicles may issue to the applicant a certificate of title if the Department is satisfied that the applicant has provided information sufficient to establish: (1) legal ownership of the vehicle; or (2) that the applicant is entitled to a new certificate of title. (NRS 482.240, 482.415) Similarly, if an applicant for a salvage title for a vehicle is unable to furnish a certificate of title for the vehicle, the state agency may issue a salvage title if the state agency is satisfied, after examining the circumstances and requiring the filing of suitable information, that the applicant is entitled to a salvage title. (NRS 487.820) Existing law requires a person whose certificate of title is lost, mutilated or illegible to immediately make application for and obtain a duplicate or substitute certificate of title upon furnishing information satisfactory to the Department and payment of the required fees. (NRS 482.285)

      Section 1 of this bill authorizes a person who is unable to provide information satisfactory to the Department that the person is entitled to a certificate of title or a duplicate or substitute certificate of title for a vehicle to obtain a new certificate of title by: (1) filing a bond with the Department in an amount equal to one and one-half times the value of the vehicle, as determined by the Department; (2) allowing the Department to inspect the vehicle to verify the vehicle identification number and the identification numbers, if any, for parts used to repair the vehicle; and (3) authorizing the Department to conduct a vehicle history search through relevant national crime information systems. Such a bond must be conditioned to indemnify prior and subsequent owners or lienholders of the vehicle against any expense, loss or damage because of the issuance of the certificate of title, or because of any defect in or undisclosed security interest in the applicant’s right or title to the vehicle or the applicant’s interest in the vehicle. The bond must be returned by the Department at the end of 3 years, unless the Department has been notified of the pendency of an action to recover on the bond. Section 1 also abolishes any right of action against the Department for taking certain actions or failing to act in providing a certificate of title pursuant to that section. Finally, section 1 provides that an applicant for a certificate of title pursuant to that section may participate in the Department’s electronic lien system. Section 6 of this bill sets forth the same option for filing a bond and allowing an inspection to obtain a salvage title for a vehicle, and abolishes any right of action against the Department in a manner similar to the provisions of section 1. Sections 2-5 of this bill make conforming changes. Existing law authorizes the Department to adopt regulations specifying the amount of the fees which the Department will charge and collect for each certificate of title or duplicate certificate of title issued.

 


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

ê2017 Statutes of Nevada, Page 2748 (Chapter 414, SB 452)ê

 

and collect for each certificate of title or duplicate certificate of title issued. (NRS 482.429) Existing regulations impose a fee of $20 for each certificate of title or duplicate certificate of title issued for a vehicle present or registered in this State. (NAC 482.907)

      Existing law requires the Department to enter into a contract to establish, implement and operate an electronic lien system for use by certain lienholders in lieu of the issuance and maintenance of paper documents otherwise required to process the notification and release of a security interest in a vehicle. (NRS 482.4285) Section 5.5 of this bill requires all lienholders to use the electronic lien system to process all notifications and releases of security interests, with an exception for persons who are not normally engaged in the business or practice of financing vehicles.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  If an applicant who is seeking a certificate of title to a vehicle from the Department pursuant to subsection 3 of NRS 482.240, subsection 2 of NRS 482.260, subsection 1 of NRS 482.285 or subsection 1 of NRS 482.415 is unable to satisfy the Department that the applicant is entitled to a certificate of title pursuant to those provisions, the applicant may obtain a new certificate of title from the Department by:

      (a) Filing a bond with the Department that meets the requirements of subsection 3;

      (b) Allowing the Department to inspect the vehicle to verify the vehicle identification number and identification numbers, if any, on parts used to repair the vehicle; and

      (c) Authorizing the Department to conduct a search of the history of the vehicle through any national crime information system, including, without limitation, the:

             (1) National Crime Information Center, as defined in NRS 179A.061; and

             (2) National Motor Vehicle Title Information System of the United States Department of Justice.

      2.  Any person damaged by the issuance of a certificate of title pursuant to this section has a right of action to recover on the bond for any breach of its conditions, except the aggregate liability of the surety to all persons must not exceed the amount of the bond. The Department shall return the bond, and any deposit accompanying it, 3 years after the bond was filed with the Department, except that the Department shall not return the bond if the Department has been notified of the pendency of an action to recover on the bond.

      3.  The bond required pursuant to subsection 1 must be:

      (a) In a form prescribed by the Department;

      (b) Executed by the applicant as principal and by a corporation qualified under the laws of this State as surety;

      (c) In an amount equal to one and one-half times the value of the vehicle, as determined by the Department; and

      (d) Conditioned to indemnify any:

 


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             (1) Prior owner or lienholder of the vehicle, and his or her successors in interest;

             (2) Subsequent purchaser of the vehicle, and his or her successors in interest; or

             (3) Person acquiring a security interest in the vehicle, and his or her successors in interest,

Ê against any expense, loss or damage because of the issuance of the certificate of title or because of any defect in or undisclosed security interest in the applicant’s right or title to the vehicle or the applicant’s interest in the vehicle.

      4.  A right of action does not exist in favor of any person by reason of any action or failure to act on the part of the Department or any officer or employee thereof in carrying out the provisions of this section, or in giving or failing to give any information concerning the legal ownership of a vehicle or the existence of a title obtained pursuant to this section.

      5.  An applicant seeking a certificate of title pursuant to this section may participate in the electronic lien system authorized in NRS 482.4285.

      Sec. 2. NRS 482.240 is hereby amended to read as follows:

      482.240  1.  Upon the registration of a vehicle, the Department or a registered dealer shall issue a certificate of registration to the owner.

      2.  When an applicant for registration or transfer of registration is unable, for any reason, to submit to the Department in support of the application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the Department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, the Department may issue to the applicant only a certificate of registration.

      3.  The Department may, upon proof of ownership satisfactory to it [,] or pursuant to section 1 of this act, issue a certificate of title before the registration of the vehicle concerned. The certificate of registration issued pursuant to this chapter is valid only during the registration period or calendar year for which it is issued, and a certificate of title is valid until cancelled by the Department upon the transfer of interest therein.

      Sec. 3. 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 the owner.

      2.  Upon proof of ownership satisfactory to the Director [,] or as otherwise provided in section 1 of this act, the Director shall cause to be issued a certificate of title as provided in this chapter.

 


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      3.  Except as otherwise provided in NRS 371.070 and subsections 6, 7 and 8, 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.

      6.  A trailer being registered pursuant to NRS 482.2065 must be taxed for the purposes of the governmental services tax for a 3-year period.

      7.  A full trailer or semitrailer being registered pursuant to subsection 3 of NRS 482.483 must be taxed for the purposes of the governmental services tax in the amount of $86. The governmental services tax paid pursuant to this subsection is nontransferable and nonrefundable.

      8.  A moped being registered pursuant to NRS 482.2155 must be taxed for the purposes of the governmental services tax for only the 12-month period following the registration. The governmental services tax paid pursuant to this subsection is nontransferable and nonrefundable.

      Sec. 4. NRS 482.285 is hereby amended to read as follows:

      482.285  1.  If any certificate of registration or certificate of title is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information satisfactory to the Department and upon payment of the required fees. An applicant who is unable to furnish information satisfactory to the Department that the applicant is entitled to a duplicate or substitute certificate of title pursuant to this subsection may obtain a new certificate of title pursuant to the provisions of section 1 of this act.

      2.  If any license plate or plates or any decal is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain:

      (a) A duplicate number plate or a substitute number plate;

      (b) A substitute decal; or

      (c) A combination of both (a) and (b),

Ê as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.

      3.  If any license plate or plates or any decal is stolen, the person to whom it was issued shall immediately make application for and obtain:

      (a) A substitute number plate;

      (b) A substitute decal; or

      (c) A combination of both (a) and (b),

Ê as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.

      4.  The Department shall issue duplicate number plates or substitute number plates and, if applicable, a substitute decal, if the applicant:

      (a) Returns the mutilated or illegible plates to the Department or signs a declaration that the plates were lost, mutilated or illegible; and

      (b) Complies with the provisions of subsection 6.

      5.  The Department shall issue substitute number plates and, if applicable, a substitute decal, if the applicant:

 


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      (a) Signs a declaration that the plates were stolen; and

      (b) Complies with the provisions of subsection 6.

      6.  Except as otherwise provided in this subsection, an applicant who desires duplicate number plates or substitute number plates must make application for renewal of registration. Except as otherwise provided in subsection 7 or 8 of NRS 482.260, credit must be allowed for the portion of the registration fee and governmental services tax attributable to the remainder of the current registration period. In lieu of making application for renewal of registration, an applicant may elect to make application solely for:

      (a) Duplicate number plates or substitute number plates, and a substitute decal, if the previous license plates were lost, mutilated or illegible; or

      (b) Substitute number plates and a substitute decal, if the previous license plates were stolen.

      7.  An applicant who makes the election described in subsection 6 retains the current date of expiration for the registration of the applicable vehicle and is not, as a prerequisite to receiving duplicate number plates or substitute number plates or a substitute decal, required to:

      (a) Submit evidence of compliance with controls over emission; or

      (b) Pay the registration fee and governmental services tax attributable to a full period of registration.

      Sec. 5. NRS 482.415 is hereby amended to read as follows:

      482.415  1.  Whenever application is made to the Department for registration of a vehicle previously registered pursuant to this chapter and the applicant is unable to present the certificate of registration or certificate of title previously issued for the vehicle because the certificate of registration or certificate of title is lost, unlawfully detained by one in possession or otherwise not available, the Department may receive the application, investigate the circumstances of the case and require the filing of affidavits or other information. When the Department is satisfied that the applicant is entitled to a new certificate of registration and certificate of title, it may register the applicant’s vehicle and issue new certificates and a new license plate or plates to the person or persons entitled thereto. An applicant who is unable to satisfy the Department that the applicant is entitled to a new certificate of title pursuant to this subsection may obtain a new certificate of title pursuant to the provisions of section 1 of this act.

      2.  Whenever application is made to the Department for the registration of a motor vehicle of which the:

      (a) Ownership has been transferred;

      (b) Certificate of title is lost, unlawfully detained by one in possession or otherwise not available; and

      (c) Model year is 9 years old or newer,

Ê the transferor of the motor vehicle may, to furnish any information required by the Department to carry out the provisions of NRS 484D.330, designate the transferee of the motor vehicle as attorney-in-fact on a form for a power of attorney provided by the Department.

      3.  The Department shall provide the form described in subsection 2. The form must be:

      (a) Produced in a manner that ensures that the form may not be easily counterfeited; and

      (b) Substantially similar to the form set forth in Appendix E of Part 580 of Title 49 of the Code of Federal Regulations.

 


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      4.  The Department may charge a fee not to exceed 50 cents for each form it provides.

      Sec. 5.5.  NRS 482.4285 is hereby amended to read as follows:

      482.4285  1.  The Department shall enter into one or more contracts pursuant to this section to establish, implement and operate, in lieu of the issuance and maintenance of paper documents otherwise required by this chapter, an electronic lien system to process the notification and release of security interests through electronic batch file transfers.

      2.  Any contract entered into pursuant to this section must not require the Department to pay any amount to a contractor unless otherwise provided in this section. A contractor must be required to reimburse the Department for any reasonable implementation costs directly incurred by the Department during the establishment and ongoing administration of the electronic lien system. A contract entered into pursuant to this section must include provisions specifically prohibiting a contractor from using information concerning vehicle titles for marketing or solicitation purposes.

      3.  The electronic lien system must allow qualified service providers to participate in the system. A lienholder may participate in the system through any qualified service provider approved by the Department for participation in the system.

      4.  Service providers may be required to collect fees from lienholders and their agents for the implementation and administration of the electronic lien system. The amount of the fee collected by a service provider and paid to a contractor for the establishment and maintenance of the electronic lien system must not exceed $4 per transaction.

      5.  A contractor may also serve as a service provider under such terms and conditions as are established by the Department pursuant to the terms of a contract entered into pursuant to this section and the regulations adopted by the Department. If a contractor will also serve as a service provider:

      (a) The Department may perform audits of the contractor at intervals determined by the Department to ensure the contractor is not engaged in predatory pricing. The contractor shall reimburse the Department for the cost of all audits.

      (b) The contract between the Department and the contractor entered into pursuant to this section must include an acknowledgement by the contractor that the contractor is required to enter into agreements to exchange electronic lien data with all service providers who offer electronic lien and title services to lienholders doing business in the State of Nevada, have been approved by the Department for participation in the electronic lien system pursuant to this section and elect to use the contractor for access to the electronic lien system. A service provider must not be required to provide confidential or proprietary information to any other service provider.

      6.  Except for persons who are not normally engaged in the business or practice of financing vehicles, all lienholders [are required to participate in the electronic lien system.] shall use the electronic lien system to process all notifications and releases of security interests through electronic batch file transfers.

      7.  For the purposes of this chapter, any requirement that a lien or other information appear on a certificate of title is satisfied by the inclusion of that information in an electronic file maintained in an electronic lien system. The satisfaction of a lien may be electronically transmitted to the Department. A certificate of title is not required to be issued until the lien is satisfied or the certificate of title is otherwise required to meet the requirements of any legal proceeding or other provision of law.

 


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ê2017 Statutes of Nevada, Page 2753 (Chapter 414, SB 452)ê

 

certificate of title is not required to be issued until the lien is satisfied or the certificate of title is otherwise required to meet the requirements of any legal proceeding or other provision of law. If a vehicle is subject to an electronic lien, the certificate of title shall be deemed to be physically held by the lienholder for the purposes of state or federal law concerning odometer readings and disclosures.

      8.  A certified copy of the Department’s electronic record of a lien is admissible in any civil, criminal or administrative proceeding in this State as evidence of the existence of the lien. If a certificate of title is maintained electronically in the electronic lien system, a certified copy of the Department’s electronic record of the certificate of title is admissible in any civil, criminal or administrative proceeding in this State as evidence of the existence and contents of the certificate of title.

      9.  The Director may adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:

      (a) The amount of the fee a service provider is required to charge pursuant to subsection 4 and pay to a contractor for the establishment and maintenance of the electronic lien system.

      (b) The qualifications of service providers for participation in the electronic lien system.

      (c) The qualifications for a contractor to enter into a contract with the Department to establish, implement and operate the electronic lien system.

      (d) Program specifications that a contractor must adhere to in establishing, implementing and operating the electronic lien system.

      (e) Additional requirements for and restrictions upon a contractor who will also serve as a service provider.

      10.  As used in this section:

      (a) “Contractor” means a person who, pursuant to this section, enters into a contract with the Department to establish, implement and operate the electronic lien system.

      (b) “Electronic lien system” means a system to process the notification and release of security interests through electronic batch file transfers that is established and implemented pursuant to this section.

      (c) “Service provider” means a person who, pursuant to this section, provides lienholders with software to manage electronic lien and title data.

      Sec. 6. NRS 487.820 is hereby amended to read as follows:

      487.820  1.  Except as otherwise provided in subsection 2 of NRS 487.800, if the applicant for a salvage title is unable to furnish the certificates of title and registration last issued for the vehicle, the state agency may accept the application, examine the circumstances of the case and require the filing of suitable affidavits or other information or documents. If satisfied that the applicant is entitled to a salvage title, the state agency may issue the salvage title.

      2.  No duplicate certificate of title or registration may be issued when a salvage title is applied for, and no fees are required for the affidavits of any stolen, lost or damaged certificate, or duplicates thereof, unless the vehicle is subsequently registered.

      3.  If an applicant is unable to satisfy the state agency that the applicant is entitled to a salvage title pursuant to subsection 1, the applicant may obtain a salvage title from the state agency by:

      (a) Filing a bond with the state agency that meets the requirements of subsection 5;

 


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      (b) Allowing the state agency to inspect the vehicle to verify the vehicle identification number and the identification numbers, if any, for parts used to repair the vehicle; and

      (c) Authorizing the state agency to conduct a search through any national crime information system, including, without limitation, the:

             (1) National Crime Information Center, as defined in NRS 179A.061; and

             (2) National Motor Vehicle Title Information System of the United States Department of Justice.

      4.  Any person damaged by the issuance of the salvage title pursuant to subsection 3 has a right of action to recover on the bond for any breach of its conditions, except the aggregate liability of the surety to all persons must not exceed the amount of the bond. The state agency shall return the bond, and any deposit accompanying it, 3 years after the bond was filed with the state agency, except that the state agency must not return the bond if the state agency has been notified of the pendency of an action to recover on the bond.

      5.  The bond required pursuant to subsection 3 must be:

      (a) In a form prescribed by the state agency;

      (b) Executed by the applicant as principal and by a corporation qualified under the laws of this State as surety;

      (c) In an amount equal to one and one-half times the value of the vehicle, as determined by the state agency; and

      (d) Conditioned to indemnify any:

             (1) Prior owner or lienholder of the vehicle, and his or her successors in interest;

             (2) Subsequent purchaser of the vehicle, and his or her successors in interest; or

             (3) Person acquiring a security interest in the vehicle, and his or her successors in interest,

Ê against any expense, loss or damage because of the issuance of the salvage title or because of any defect in or undisclosed security interest in the applicant’s right or title to the vehicle or the applicant’s interest in the vehicle.

      6.  A right of action does not exist in favor of any person by reason of any action or failure to act on the part of the state agency or any officer or employee thereof in carrying out the provisions of subsections 3, 4 and 5, or in giving or failing to give any information concerning the legal ownership of a vehicle or the existence of a salvage title obtained pursuant to subsection 3.

      Sec. 7.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 6, inclusive, of this act become effective upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act.

      3.  Section 5.5 of this act becomes effective on July 1, 2017, for all other purposes.

      4.  Sections 1 to 5, inclusive, and 6 of this act become effective on July 1, 2018, for all other purposes.

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ê2017 Statutes of Nevada, Page 2755ê

 

CHAPTER 415, SB 291

Senate Bill No. 291–Senators Hardy, Harris; Atkinson, Gansert, Parks and Settelmeyer

 

CHAPTER 415

 

[Approved: June 5, 2017]

 

AN ACT relating to health records; requiring a custodian of health care records to perform certain duties; requiring a custodian of health care records to make certain health care records available for inspection by a coroner or medical examiner under certain circumstances; revising the civil and criminal penalties for a custodian who violates certain requirements; authorizing the Board of Medical Examiners to take possession of the health care records of a licensee’s patients under certain circumstances; revising provisions relating to the completion of a death certificate; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a physician or other provider of health care to: (1) retain the health care records of patients for at least 5 years; (2) make available to investigators certain health care records of a patient who is suspected of having operated a motor vehicle while intoxicated; (3) maintain a record of information provided by a patient relating to health insurance coverage; and (4) provide to the Department of Corrections the health care records of an offender confined at the state prison. (NRS 629.051, 629.065, 629.066, 629.068) Sections 4 and 7-9 of this bill require the custodian of the relevant health care records to perform those duties. Section 1 of this bill defines the custodian of health care records as any person having primary custody of those records or a facility that maintains the health care records of patients.

      Existing law requires a provider of health care to make health care records available for inspection by a patient, certain representatives of a patient and certain government officials. (NRS 629.061) Section 5 of this bill requires the custodian of health care records to make the records available for inspection, and includes in the definition of “health care records,” for the purposes of that section, any records that reflect the amount charged for medical services or care provided to a patient. Section 5 further requires the custodian of health care records to make health care records available for inspection by a coroner or medical examiner in the performance of his or her duties.

      A custodian of the health care records of a provider of health care is prohibited by existing law from preventing the provider from inspecting or obtaining copies of the records. If the custodian ceases to do business in this State, the custodian must deliver the records or copies of the records to the provider. Any violation of those requirements is a gross misdemeanor and subjects the custodian to a potential civil penalty of not less than $10,000, to be recovered in a civil action. (NRS 629.063) Section 6 of this bill provides that only a custodian of health care records who is not licensed under certain provisions of NRS and who violates the foregoing requirements is guilty of a gross misdemeanor. Section 6 also revises the civil penalty provisions so that $5,000 is the maximum penalty that may be collected for each violation as applied to a patient’s entire health care record.

      Existing law requires certain providers of health care to retain the health care records of patients for 5 years after their receipt or production. (NRS 629.051) Section 9.5 of this bill authorizes the Board of Medical Examiners to take possession of the health care records of a licensee’s patients in the event of the licensee’s death, disability, incarceration or other incapacitation that renders the licensee unable to continue his or her practice. Section 9.5 further authorizes the Board to provide a patient’s records to the patient or to the patient’s subsequent provider of health care. Section 9.5 also requires that certain disclosures regarding such records be provided to patients.

 


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      Existing law requires a funeral director or person acting as undertaker to present a death certificate to an attending physician or the health officer or coroner for the medical certificate of the cause of death and certain other information. (NRS 440.470) Section 12.3 of this bill provides an exception to the requirement of presenting the death certificate to an attending physician or attending advanced practice registered nurse if the attending physician or attending advanced practice registered nurse initiated the record of death and provided the required information at the time of death.

      Section 12.7 of this bill authorizes a physician, advanced practice registered nurse, health officer or coroner to sign an uncompleted death certificate after completing the portions of the death certificate applicable to the physician, advanced practice registered nurse, health officer or coroner.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  “Custodian of health care records” or “custodian” means:

      (a) Any person having primary custody of health care records pursuant to this chapter; or

      (b) Any facility that maintains the health care records of patients.

      2.  For the purposes of this section, a provider of health care shall not be deemed to have primary custody of health care records or to be the operator of a facility that maintains the health care records of patients:

      (a) Solely by reason of the status of the provider as a member of a group of providers of health care; or

      (b) If another person is employed or retained to maintain custody of the health care records of the provider.

      Sec. 2. NRS 629.011 is hereby amended to read as follows:

      629.011  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 629.021, 629.026 and 629.031 and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 629.031 is hereby amended to read as follows:

      629.031  Except as otherwise provided by a specific statute:

      1.  “Provider of health care” means:

      (a) A physician licensed pursuant to chapter 630, 630A or 633 of NRS;

      (b) A physician assistant;

      (c) A dentist;

      (d) A licensed nurse;

      (e) A person who holds a license as an attendant or who is certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS;

      (f) A dispensing optician;

      (g) An optometrist;

      (h) A speech-language pathologist;

      (i) An audiologist;

      (j) A practitioner of respiratory care;

      (k) A registered physical therapist;

      (l) An occupational therapist;

      (m) A podiatric physician;

 


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      (n) A licensed psychologist;

      (o) A licensed marriage and family therapist;

      (p) A licensed clinical professional counselor;

      (q) A music therapist;

      (r) A chiropractor;

      (s) An athletic trainer;

      (t) A perfusionist;

      (u) A doctor of Oriental medicine in any form;

      (v) A medical laboratory director or technician;

      (w) A pharmacist;

      (x) A licensed dietitian;

      (y) An associate in social work, a social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;

      (z) An alcohol and drug abuse counselor or a problem gambling counselor who is certified pursuant to chapter 641C of NRS;

      (aa) An alcohol and drug abuse counselor or a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS; or

      (bb) A medical facility as the employer of any person specified in this subsection.

      2.  [For the purposes of NRS 629.051, 629.061, 629.065 and 629.077, the term includes a facility that maintains the health care records of patients.

      3.]  For the purposes of NRS 629.400 to 629.490, inclusive, the term includes:

      (a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS; and

      (b) A person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.

      Sec. 4. NRS 629.051 is hereby amended to read as follows:

      629.051  1.  Except as otherwise provided in this section and in regulations adopted by the State Board of Health pursuant to NRS 652.135 with regard to the records of a medical laboratory and unless a longer period is provided by federal law, each [provider] custodian of health care records shall retain the health care records of [his or her] patients as part of [his or her] the regularly maintained records of the custodian for 5 years after their receipt or production. Health care records may be retained in written form, or by microfilm or any other recognized form of size reduction, including, without limitation, microfiche, computer disc, magnetic tape and optical disc, which does not adversely affect their use for the purposes of NRS 629.061. Health care records may be created, authenticated and stored in a computer system which meets the requirements of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

      2.  A provider of health care shall post, in a conspicuous place in each location at which the provider of health care performs health care services, a sign which discloses to patients that their health care records may be destroyed after the period set forth in subsection 1.

      3.  When a provider of health care performs health care services for a patient for the first time, the provider of health care shall deliver to the patient a written statement which discloses to the patient that the health care records of the patient may be destroyed after the period set forth in subsection 1.

 


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      4.  If a provider of health care fails to deliver the written statement to the patient pursuant to subsection 3, the provider of health care shall deliver to the patient the written statement described in subsection 3 when the provider of health care next performs health care services for the patient.

      5.  In addition to delivering a written statement pursuant to subsection 3 or 4, a provider of health care may deliver such a written statement to a patient at any other time.

      6.  A written statement delivered to a patient pursuant to this section may be included with other written information delivered to the patient by a provider of health care.

      7.  A [provider] custodian of health care records shall not destroy the health care records of a person who is less than 23 years of age on the date of the proposed destruction of the records. The health care records of a person who has attained the age of 23 years may be destroyed in accordance with this section for those records which have been retained for at least 5 years or for any longer period provided by federal law.

      8.  The provisions of this section do not apply to a pharmacist.

      9.  The State Board of Health shall adopt:

      (a) Regulations prescribing the form, size, contents and placement of the signs and written statements required pursuant to this section; and

      (b) Any other regulations necessary to carry out the provisions of this section.

      Sec. 5. NRS 629.061 is hereby amended to read as follows:

      629.061  1.  Each [provider] custodian of health care records shall make the health care records of a patient available for physical inspection by:

      (a) The patient or a representative with written authorization from the patient;

      (b) The personal representative of the estate of a deceased patient;

      (c) Any trustee of a living trust created by a deceased patient;

      (d) The parent or guardian of a deceased patient who died before reaching the age of majority;

      (e) An investigator for the Attorney General or a grand jury investigating an alleged violation of NRS 200.495, 200.5091 to 200.50995, inclusive, or 422.540 to 422.570, inclusive;

      (f) An investigator for the Attorney General investigating an alleged violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive, or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of benefits for industrial insurance; [or]

      (g) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law [.] ; or

      (h) Any coroner or medical examiner to identify a deceased person, determine a cause of death or perform other duties as authorized by law.

      2.  The records described in subsection 1 must be made available at a place within the depository convenient for physical inspection. Except as otherwise provided in subsection 3, if the records are located:

      (a) Within this State, the [provider] custodian of health care records shall make any records requested pursuant to this section available for inspection within 10 working days after the request.

 


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      (b) Outside this State, the [provider] custodian of health care records shall make any records requested pursuant to this section available in this State for inspection within 20 working days after the request.

      3.  If the records described in subsection 1 are requested pursuant to paragraph (e), (f) , [or] (g) or (h) of subsection 1 and the investigator, grand jury , [or] authorized representative, coroner or medical examiner, as applicable, declares that exigent circumstances exist which require the immediate production of the records, the [provider] custodian of health care records shall make any records which are located:

      (a) Within this State available for inspection within 5 working days after the request.

      (b) Outside this State available for inspection within 10 working days after the request.

      4.  Except as otherwise provided in subsection 5, the [provider] custodian of health care records shall also furnish a copy of the records to each person described in subsection 1 who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.

      5.  The [provider] custodian of health care records shall also furnish a copy of any records that are necessary to support a claim or appeal under any provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under any federal or state financial needs-based benefit program, without charge, to a patient, or a representative with written authorization from the patient, who requests it, if the request is accompanied by documentation of the claim or appeal. A copying fee, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes, may be charged by the [provider of health care] custodian for furnishing a second copy of the records to support the same claim or appeal. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy. The [provider of health care] custodian shall furnish the copy of the records requested pursuant to this subsection within 30 days after the date of receipt of the request, and the [provider of health care] custodian shall not deny the furnishing of a copy of the records pursuant to this subsection solely because the patient is unable to pay the fees established in this subsection.

      6.  Each person who owns or operates an ambulance in this State shall make the records regarding a sick or injured patient available for physical inspection by:

      (a) The patient or a representative with written authorization from the patient;

      (b) The personal representative of the estate of a deceased patient;

      (c) Any trustee of a living trust created by a deceased patient;

      (d) The parent or guardian of a deceased patient who died before reaching the age of majority; or

      (e) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

Ê The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies.

 


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each person described in this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.

      7.  Records made available to a representative or investigator must not be used at any public hearing unless:

      (a) The patient named in the records has consented in writing to their use; or

      (b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.

      8.  Subsection 7 does not prohibit:

      (a) A state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his or her attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and the attorney shall keep the information confidential.

      (b) The Attorney General from using health care records in the course of a civil or criminal action against the patient or provider of health care.

      9.  A provider of health care , custodian of health care records or owner or operator of an ambulance and his or her agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

      10.  For the purposes of this section:

      (a) “Guardian” means a person who has qualified as the guardian of a minor pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.

      (b) “Health care records” has the meaning ascribed to it in NRS 629.021, but also includes any billing statement, ledger or other record of the amount charged for medical services or care provided to a patient.

      (c) “Living trust” means an inter vivos trust created by a natural person:

             (1) Which was revocable by the person during the lifetime of the person; and

             (2) Who was one of the beneficiaries of the trust during the lifetime of the person.

      [(c)](d) “Parent” means a natural or adoptive parent whose parental rights have not been terminated.

      [(d)](e) “Personal representative” has the meaning ascribed to it in NRS 132.265.

      Sec. 6. NRS 629.063 is hereby amended to read as follows:

      629.063  1.  Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any other federal law or regulation:

      (a) A custodian of health care records having custody of any health care records of a provider of health care pursuant to this chapter shall not prevent the provider of health care from physically inspecting the health care records or receiving copies of those records upon request by the provider of health care in the manner specified in NRS 629.061.

      (b) If a custodian of health care records specified in paragraph (a) ceases to do business in this State, the custodian of health care records shall, within 10 days after ceasing to do business in this State, deliver the health care records [of] created by the provider of health care, or copies thereof, to the provider of health care.

 


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      2.  A custodian of health care records who is not otherwise licensed pursuant to title 54 of NRS and violates a provision of this section is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $25,000 for each violation, or by both fine and imprisonment.

      3.  In addition to any criminal penalties imposed pursuant to subsection 2, a custodian of health care records who violates a provision of this section is subject to a civil penalty of not [less] more than [$10,000] $5,000 for each violation [,] as applied to a patient’s entire health care record, to be recovered in a civil action brought in the district court in the county in which the provider of health care’s principal place of business is located or in the district court of Carson City.

      4.  As used in this section, “custodian of health care records” [means any person having custody of any health care records pursuant to this chapter. The term] does not include:

      (a) A facility for hospice care, as defined in NRS 449.0033;

      (b) A facility for intermediate care, as defined in NRS 449.0038;

      (c) A facility for skilled nursing, as defined in NRS 449.0039;

      (d) A hospital, as defined in NRS 449.012; or

      (e) A psychiatric hospital, as defined in NRS 449.0165.

      Sec. 7. NRS 629.065 is hereby amended to read as follows:

      629.065  1.  Each [provider] custodian of health care records shall, upon request, make available to a law enforcement agent or district attorney the health care records of a patient which relate to a test of the blood, breath or urine of the patient if:

      (a) The patient is suspected of having violated NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and

      (b) The records would aid in the related investigation.

Ê To the extent possible, the [provider of health care] custodian shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood, breath or urine of the patient.

      2.  The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The [provider] custodian of health care records shall also furnish a copy of the records to each law enforcement agent or district attorney described in subsection 1 who requests the copy and pays the costs of reproducing the copy.

      3.  Records made available pursuant to this section may be presented as evidence during a related administrative or criminal proceeding against the patient.

      4.  A [provider] custodian of health care records and his or her agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

      5.  As used in this section, “prohibited substance” has the meaning ascribed to it in NRS 484C.080.

      Sec. 8. NRS 629.066 is hereby amended to read as follows:

      629.066  1.  After a patient provides to a provider of health care, and the provider of health care accepts from the patient, any information regarding a health care plan for the purpose of paying for a service which has been or may be rendered to the patient:

 


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      (a) The [provider] custodian of health care records of the patient shall maintain a record of the information provided by the patient; and

      (b) If the provider of health care fails to submit any claim for payment of any portion of any charge pursuant to the terms of the health care plan, the provider of health care shall not request or require payment from the patient of any portion of the charge beyond the portion of the charge which the patient would have been required to pay pursuant to the terms of the health care plan if the provider of health care had submitted the claim for payment pursuant to the terms of the health care plan.

      2.  The provisions of paragraph (b) of subsection 1 do not apply to a claim if the patient provides information to the provider of health care which is inaccurate, outdated or otherwise causes the provider of health care to submit the claim in a manner which violates the terms of the health care plan.

      3.  Any provision of any agreement between a patient and a provider of health care which conflicts with the provisions of this section is void.

      4.  As used in this section, “health care plan” has the meaning ascribed to it in NRS 679B.520.

      Sec. 9. NRS 629.068 is hereby amended to read as follows:

      629.068  1.  A [provider] custodian of health care records shall, upon request of the Director of the Department of Corrections or the designee of the Director, provide the Department of Corrections with a complete copy of the health care records of an offender confined at the state prison.

      2.  Records provided to the Department of Corrections must not be used at any public hearing unless:

      (a) The offender named in the records has consented in writing to their use; or

      (b) Appropriate procedures are utilized to protect the identity of the offender from public disclosure.

      3.  A [provider] custodian of health care records and [an] any agent or employee of [a provider of health care] the custodian are immune from civil liability for a disclosure made in accordance with the provisions of this section.

      Sec. 9.5. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a licensee becomes unable to practice because of death, disability, incarceration or any other incapacitation, the Board may take possession of the health care records of patients of the licensee kept by the custodian of health care records pursuant to NRS 629.051 to:

      (a) Make the health care records of a patient available to the patient either directly or through a third-party vendor; or

      (b) Forward the health care records of a patient to the patient’s subsequent provider of health care.

      2.  A licensee shall post, in a conspicuous place in each location at which the licensee provides health care services, a sign which discloses to patients that their health care records may be accessed by the Board pursuant to subsection 1.

      3.  When a licensee provides health care services for a patient for the first time, the licensee shall deliver to the patient a written statement which discloses to the patient that the health care records of the patient may be accessed by the Board pursuant to subsection 1.

      4.  The Board shall adopt:

 


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      (a) Regulations prescribing the form, size, contents and placement of the sign and written statement required by this section; and

      (b) Any other regulations necessary to carry out the provisions of this section.

      5.  As used in this section:

      (a) “Custodian of health care records” has the meaning ascribed to it in section 1 of this act.

      (b) “Health care records” has the meaning ascribed to it in NRS 629.021.

      Sec. 10. NRS 630.3062 is hereby amended to read as follows:

      630.3062  1.  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      [1.](a) Failure to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.

      [2.](b) Altering medical records of a patient.

      [3.](c) Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or knowingly or willfully obstructing or inducing another to obstruct such filing.

      [4.](d) Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061 [.

      5.] , if the licensee is the custodian of health care records with respect to those records.

      (e) Failure to comply with the requirements of NRS 630.3068.

      [6.](f) Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.

      [7.](g) Failure to comply with the requirements of NRS 453.163 or 453.164.

      2.  As used in this section, “custodian of health care records” has the meaning ascribed to it in section 1 of this act.

      Sec. 11. NRS 631.3485 is hereby amended to read as follows:

      631.3485  1.  The following acts, among others, constitute unprofessional conduct:

      [1.](a) Willful or repeated violations of the provisions of this chapter;

      [2.](b) Willful or repeated violations of the regulations of the State Board of Health, the State Board of Pharmacy or the Board of Dental Examiners of Nevada;

      [3.](c) Failure to pay the fees for a license; or

      [4.](d) Failure to make the health care records of a patient available for inspection and copying as provided in NRS 629.061 [.] , if the dentist or dental hygienist is the custodian of health care records with respect to those records.

      2.  As used in this section, “custodian of health care records” has the meaning ascribed to it in section 1 of this act.

      Sec. 12. NRS 633.131 is hereby amended to read as follows:

      633.131  1.  “Unprofessional conduct” includes:

      (a) Knowingly or willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine or to practice as a physician assistant, or in applying for the renewal of a license to practice osteopathic medicine or to practice as a physician assistant.

 


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ê2017 Statutes of Nevada, Page 2764 (Chapter 415, SB 291)ê

 

      (b) Failure of a person who is licensed to practice osteopathic medicine to identify himself or herself professionally by using the term D.O., osteopathic physician, doctor of osteopathy or a similar term.

      (c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his or her professional capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.

      (d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine or in practice as a physician assistant, or the aiding or abetting of any unlicensed person to practice osteopathic medicine or to practice as a physician assistant.

      (e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by regulations of the Board.

      (f) Engaging in any:

             (1) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical; or

             (2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.

      (g) Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.

      (h) Habitual drunkenness or habitual addiction to the use of a controlled substance.

      (i) Performing, assisting in or advising an unlawful abortion or the injection of any liquid silicone substance into the human body, other than the use of silicone oil to repair a retinal detachment.

      (j) Knowingly or willfully disclosing a communication privileged pursuant to a statute or court order.

      (k) Knowingly or willfully disobeying regulations of the State Board of Health, the State Board of Pharmacy or the State Board of Osteopathic Medicine.

      (l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.

      (m) Failure of a licensee to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.

      (n) Making alterations to the medical records of a patient that the licensee knows to be false.

      (o) Making or filing a report which the licensee knows to be false.

      (p) Failure of a licensee to file a record or report as required by law, or knowingly or willfully obstructing or inducing any person to obstruct such filing.

 

 

 

 

 


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      (q) Failure of a licensee to make medical records of a patient available for inspection and copying as provided by NRS 629.061 [.] , if the licensee is the custodian of health care records with respect to those records.

      (r) Providing false, misleading or deceptive information to the Board in connection with an investigation conducted by the Board.

      2.  It is not unprofessional conduct:

      (a) For persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association;

      (b) For two or more persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each person; or

      (c) For a person licensed to practice osteopathic medicine pursuant to the provisions of this chapter to form an association or other business relationship with an optometrist pursuant to the provisions of NRS 636.373.

      3.  As used in this section, “custodian of health care records” has the meaning ascribed to it in section 1 of this act.

      Sec. 12.3. NRS 440.470 is hereby amended to read as follows:

      440.470  The funeral director or person acting as undertaker shall present the certificate to the attending physician [,] or attending advanced practice registered nurse, if any, or to the health officer or coroner, for the medical certificate of the cause of death and other particulars necessary to complete the record [.] unless the attending physician or attending advanced practice registered nurse initiated the record of death and provided the required information at the time of death.

      Sec. 12.7. NRS 440.735 is hereby amended to read as follows:

      440.735  [It]

      1.  Except as otherwise provided in subsection 2, it is unlawful for any person to affix his or her signature to an uncompleted death certificate.

      2.  A physician, advanced practice registered nurse, health officer or coroner may affix his or her signature to an uncompleted death certificate after completing the portions of the death certificate applicable to the physician, advanced practice registered nurse, health officer or coroner.

      Sec. 13.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 2766ê

 

CHAPTER 416, AB 467

Assembly Bill No. 467–Committee on Government Affairs

 

CHAPTER 416

 

[Approved: June 5, 2017]

 

AN ACT relating to state employees; requiring the Governor to appoint alternate members to the Personnel Commission in the Division of Human Resource Management of the Department of Administration; revising the requirements for establishing a quorum of the Commission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the appointment of five members to the Personnel Commission in the Division of Human Resource Management of the Department of Administration and establishes that three members of the Commission constitute a quorum. Existing law further authorizes a quorum to exercise any power conferred on the Commission other than adopting, amending or rescinding regulations of the Commission which requires a majority vote of the entire Commission. (NRS 284.030, 284.055) Sections 1 and 2 of this bill: (1) require the Governor to appoint five alternate members to the Commission; (2) revise the quorum requirements of the Commission; and (3) provide that a majority vote of the five members of the Commission is required for any action by the Commission.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 284.030 is hereby amended to read as follows:

      284.030  1.  There is hereby created in the Division a Personnel Commission composed of five members appointed by the Governor.

      2.  The Governor shall appoint:

      (a) Three members who are representatives of the general public and have a demonstrated interest in or knowledge of the principles of public personnel administration.

      (b) One member who is a representative of labor and has a background in personnel administration.

      (c) One member who is a representative of employers or managers and has a background in personnel administration.

      (d) An alternate member for each member appointed pursuant to paragraphs (a), (b) and (c) to serve when the regular member is unable to attend a meeting of the Commission.

      Sec. 2. NRS 284.055 is hereby amended to read as follows:

      284.055  1.  The members of the Commission may meet at the times and places specified by the call of the Chair or a majority of the Commission, but a meeting of the Commission must be held regularly at least once every 3 months.

      2.  [Three] Five members of the Commission constitute a quorum. [A quorum may exercise any power conferred on the Commission, but no regulations may be adopted, amended or rescinded except by a] A majority vote of the [entire membership] five members of the Commission [.]

 


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ê2017 Statutes of Nevada, Page 2767 (Chapter 416, AB 467)ê

 

vote of the [entire membership] five members of the Commission [.] is required for any official action taken by the Commission, including, without limitation:

      (a) To adopt, amend or rescind a regulation of the Commission; and

      (b) To decide an appeal to the Commission made by an employee in the public service of the State.

      3.  If an alternate member attends a meeting of the Commission in place of the regular member, the alternate member fully assumes the duties, rights and responsibilities of the replaced regular member for the duration of that meeting and is entitled to the compensation, allowances and expenses otherwise payable for members who attend the meeting.

      4.  The Commission shall keep minutes and audio recordings or transcr