Assembly Bill No. 301–Assemblymen Williams, Price, Gibbons, Koivisto, McClain, Ohrenschall, Segerblom, Neighbors, Carpenter, Manendo, Parks, Freeman, Lee, Arberry, Anderson, Evans, Goldwater, Giunchigliani, Collins, Chowning, Bache, Tiffany, Humke, Beers, Berman, Buckley, Nolan, de Braga and Von Tobel
February 22, 1999
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Joint Sponsors: Senators Neal and Schneider
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Referred to Concurrent Committees on Health and
Human Services and Ways and Means
SUMMARY—Makes various changes regarding child care. (BDR 38-123)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
AN ACT relating to child care; establishing a program to provide loans for the construction and renovation of child care facilities; revising the provision regarding the licensing and regulation of child care facilities; expanding the exemption from the business tax for a business that provides for the care of the children of its employees; prohibiting an insurer from refusing to issue, canceling or refusing to renew a policy for casualty insurance under certain circumstances; making appropriations; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 432A of NRS is hereby amended by adding1-2
thereto the provisions set forth as sections 2 to 5, inclusive, of this act.1-3
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the1-4
context otherwise requires, "program" means the program to provide1-5
loans for child care facilities established pursuant to section 3 of this act.2-1
Sec. 3. 1. The program to provide loans for child care facilities is2-2
hereby established.2-3
2. Money available for the program must be used to provide loans for2-4
the construction and renovation of child care facilities within this state.2-5
3. The chief shall administer the program and may consult with any2-6
public officer or private person in this state who may have an interest in2-7
child care or in the program.2-8
4. The chief may:2-9
(a) Negotiate and accept federal and other money appropriated and2-10
available to insure loans for the construction and renovation of child2-11
care facilities pursuant to the program;2-12
(b) Negotiate and enter into such agreements with other agencies as2-13
the chief deems proper for the administration and conduct of the2-14
program; and2-15
(c) Accept gifts, grants and contributions from any source that will2-16
facilitate and assist the carrying out of the program.2-17
5. The chief shall establish policies and may adopt regulations for2-18
the administration of the program.2-19
Sec. 4. 1. The money available for the program must be deposited2-20
in the state treasury for credit to the fund for loans for child care2-21
facilities which is hereby created as a special revenue fund.2-22
2. Each expenditure from this fund must be paid as other claims2-23
against the state are paid.2-24
Sec. 5. The chief shall:2-25
1. Certify to the state controller all withdrawals from the fund for2-26
loans for child care facilities for the purposes of the program. The state2-27
controller shall issue a warrant to the state treasurer in the amount of the2-28
certification. The state treasurer shall disburse that amount in2-29
accordance with the warrant.2-30
2. Use any money received for the program for that program.2-31
3. Establish and maintain such records for the program as are2-32
required by good accounting practices.2-33
Sec. 6. NRS 432A.131 is hereby amended to read as follows: 432A.131 1.2-35
child care facilities in any county or incorporated city2-36
2-37
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the bureau.2-40
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such standards and other regulations as may be necessary for the regulation3-13
of child care facilities within its jurisdiction which provide care for fewer3-14
than five children.3-15
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smaller facilities, but may register them in accordance with the standards3-18
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3. If a governing body intends to amend or repeal an ordinance3-21
providing for the3-22
provide care for fewer than five children and the effect of that action will3-23
be the discontinuance of the governing body’s3-24
such child care facilities, the governing body shall notify the bureau of its3-25
intention to do so at least 12 months before the amendment or repeal3-26
becomes effective.3-27
Sec. 7. NRS 432A.210 is hereby amended to read as follows: 432A.210 1. Except as otherwise provided in subsection3-29
NRS 432A.131, the bureau may bring an action in the name of the state to3-30
enjoin any person, state or local government unit or agency thereof from3-31
operating or maintaining any child care facility:3-32
(a) Without first obtaining a license therefor; or3-33
(b) After his license has been revoked or suspended by the bureau.3-34
2. It is sufficient in such an action to allege that the defendant did, on a3-35
certain date and in a certain place, operate and maintain the facility without3-36
a license.3-37
Sec. 8. NRS 364A.150 is hereby amended to read as follows: 364A.150 1. The total number of equivalent full-time employees3-39
employed by a business in a quarter must be calculated by dividing the3-40
total number of hours all employees have worked during the quarter by3-41
468.3-42
2. To determine the total number of hours all employees have worked3-43
during the quarter, the business must add the total number of hours worked4-1
by full-time employees based in this state during the quarter to the total4-2
number of hours worked by part-time employees based in this state during4-3
the quarter and to the total number of hours worked in this state by4-4
employees described in subsection 6. A "full-time employee" is a person4-5
who is employed to work at least 36 hours per week. All other employees4-6
are part-time employees. An occasional reduction in the number of hours4-7
actually worked in any week by a particular employee, as the result of4-8
sickness, vacation or other compensated absence, does not affect his status4-9
for the purposes of this section if his regular hours of work are 36 or more4-10
per week. All hours for which a part-time employee is paid must be4-11
included.4-12
3. Except as otherwise provided in subsection 7, the total number of4-13
hours worked by full-time employees of a business during the quarter may4-14
be calculated by:4-15
(a) Determining from the records of the business the number of hours4-16
each full-time employee has worked during the quarter up to a maximum4-17
of 468 hours per quarter and totaling the results; or4-18
(b) Multiplying 7.2 hours by the number of days each full-time4-19
employee was employed by the business up to a maximum of 65 days per4-20
quarter and totaling the results.4-21
4. Except as otherwise provided in subsection 7, the total number of4-22
hours worked by part-time employees of a business during the quarter4-23
must be calculated by determining from the records of the business the4-24
number of hours each part-time employee has worked during the quarter4-25
and totaling the results.4-26
5. The total number of hours all employees have worked during the4-27
quarter must be calculated excluding the hours worked by a sole proprietor4-28
or one natural person in any unincorporated business, who shall be deemed4-29
the owner of the business rather than an employee.4-30
6. To determine the total number of hours all employees have worked4-31
during the quarter, in the case of a business which employs a natural4-32
person at a base or business location outside the State of Nevada, but4-33
directs that person to perform at least some of his duties in Nevada, the4-34
calculation must include the total number of hours actually worked by that4-35
person in Nevada during the quarter. To calculate the number of hours4-36
worked in Nevada, the formula in paragraph (b) of subsection 3 must be4-37
used for full-time employees, and the formula in subsection 4 must be used4-38
for part-time employees.4-39
7.4-40
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which5-1
an employee worked during5-2
total number of hours worked by employees of the business during the5-3
quarter if the business provided to the employee for the whole calendar5-4
quarter5-5
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meets the requirements set forth in 26 U.S.C. § 129(d).5-15
Sec. 9. Chapter 687B of NRS is hereby amended by adding thereto a5-16
new section to read as follows:5-17
1. An insurer shall not refuse to issue, cancel or refuse to renew a5-18
policy of casualty insurance solely because the person who is insured or5-19
is applying for such coverage operates a child care facility in his home.5-20
2. As used in this section:5-21
(a) "Child care facility" has the meaning ascribed to it in NRS5-22
432A.024.5-23
(b) "Home" has the meaning ascribed to it in NRS 690B.100.5-24
Sec. 10. There is hereby appropriated from the state general fund to5-25
the City of Las Vegas the sum of $350,000 for continued support of the5-26
child care training program currently operated by the City of Las Vegas.5-27
Sec. 11. There is hereby appropriated from the state general fund to5-28
the fund for loans for child care facilities created pursuant to section 4 of5-29
this act the sum of $150,000.5-30
Sec. 12. Any remaining balance of the appropriations made by5-31
sections 10 and 11 of this act must not be committed for expenditure after5-32
June 30, 2001, and reverts to the state general fund as soon as all payments5-33
of money committed have been made.5-34
Sec. 13. 1. This section and sections 10, 11 and 12 of this act5-35
become effective upon passage and approval.5-36
2. Sections 1 to 9, inclusive, of this act become effective on July 1,5-37
1999.~