Assembly Bill No. 314–Assemblymen Dini, Hettrick,
de Braga and Parnell

February 24, 1999

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Joint Sponsors: Senators Jacobsen, Amodei and McGinness

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Referred to Committee on Judiciary

 

SUMMARY—Provides mechanism for funding certain regional facilities for children. (BDR 5-1493)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to juveniles; providing a mechanism for the funding of certain regional facilities for children; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 62 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in subsection 5, each county shall

1-4 pay an assessment for the operation of a regional facility for children

1-5 that serves the county if the facility:

1-6 (a) Is operated by a county whose population is less than 400,000 or

1-7 an administrative entity established pursuant to NRS 277.080 to 277.180,

1-8 inclusive, by counties whose populations are less than 400,000 each;

1-9 (b) Is established by two or more counties pursuant to an interlocal

1-10 agreement or by one county if the facility is operated pursuant to an

1-11 interlocal agreement to benefit other counties; and

1-12 (c) Is not partially supported by the State of Nevada and does not

1-13 receive money from the State of Nevada other than any fees paid to the

1-14 facility for a child referred to the facility by the State of Nevada.

2-1 2. The administrator of a regional facility for children shall calculate

2-2 the assessment owed by each county pursuant to subsection 1 on or

2-3 before March 1 of each year for the ensuing fiscal year. The assessment

2-4 owed by each county equals:

2-5 (a) For the first 2 years of operation of the regional facility for

2-6 children, the total amount budgeted for the operation of the facility by

2-7 the governing body of the county or other entity responsible for the

2-8 operation of the facility, minus any money received from the State of

2-9 Nevada to pay for fees for a child referred to the facility by the State of

2-10 Nevada, divided by the total number of pupils in the preceding school

2-11 year in all counties served by the facility and multiplied by the number of

2-12 pupils in the preceding school year in the assessed county.

2-13 (b) For each year subsequent to the second year of operation of the

2-14 regional facility for children, unless the counties served by the facility

2-15 enter into an interlocal agreement to the contrary, the total of:

2-16 (1) The total amount budgeted for the operation of the facility by

2-17 the governing body of the county or other entity responsible for the

2-18 operation of the facility, minus any money received from the State of

2-19 Nevada to pay for fees for a child referred to the facility by the State of

2-20 Nevada, divided by the total number of pupils in the preceding school

2-21 year in all counties served by the facility, multiplied by the number of

2-22 pupils in the preceding school year in the assessed county and multiplied

2-23 by one-fourth; and

2-24 (2) The total amount budgeted for the operation of the facility by

2-25 the governing body of the county or other entity responsible for the

2-26 operation of the facility, minus any money received from the State of

2-27 Nevada to pay for fees for a child referred to the facility by the State of

2-28 Nevada, divided by the total number of pupils who were served by the

2-29 facility in the preceding school year from all counties served by the

2-30 facility, multiplied by the number of pupils who were served by the

2-31 facility in the preceding school year from the assessed county and

2-32 multiplied by three-fourths.

2-33 3. Each county shall pay the assessment required pursuant to

2-34 subsection 1 to the treasurer of the county if the facility is operated by a

2-35 county or to the administrative entity responsible for the operation of the

2-36 regional facility for children in quarterly installments that are due on the

2-37 first day of the first month of each calendar quarter. The money must be

2-38 accounted for separately and may only be withdrawn by the

2-39 administrator of the regional facility for children.

2-40 4. The board of county commissioners of each county may levy an ad

2-41 valorem tax of not more than 5 cents on each $100 of assessed valuation

2-42 upon all taxable property in the county to pay the assessment required

2-43 pursuant to subsection 1. The county may pay the assessment from

3-1 revenue raised by a tax levied pursuant to this subsection, any other

3-2 available money or a combination thereof. Revenue raised by a county to

3-3 pay the assessment required pursuant to subsection 1 is not subject to the

3-4 limitations on revenue imposed pursuant to chapter 354 of NRS and

3-5 must not be included in the calculation of those limitations.

3-6 5. The provisions of this section do not apply to a county whose

3-7 population is 400,000 or more.

3-8 6. As used in this section, "regional facility for children" means an

3-9 institution that provides for the temporary care, custody, control and

3-10 treatment of a child under the jurisdiction of a juvenile court who is

3-11 detained because he was found violating a law or ordinance, adjudicated

3-12 delinquent or determined to be in need of supervision. The term includes,

3-13 without limitation, the institution in Lyon County known as Western

3-14 Nevada Regional Youth Facility.

3-15 Sec. 2. NRS 62.830 is hereby amended to read as follows:

3-16 62.830 1. Except as otherwise provided in this subsection, if a child

3-17 is committed to the custody of a regional facility for children, the court

3-18 may order that the expense of the child’s support and maintenance be paid

3-19 by the county of the child’s residence in an amount equal to any money

3-20 paid for that purpose by the division. Such an order may not be entered if

3-21 the county maintains the facility to which the child is committed.

3-22 2. The court may order that the parents, guardian or other person liable

3-23 for the support and maintenance of the child reimburse the county in whole

3-24 or in part for the expense of the child’s support and maintenance.

3-25 3. This section does not prohibit the court from providing for the

3-26 support and maintenance of the child in any other manner authorized by

3-27 law.

3-28 4. As used in this section:

3-29 (a) "Division" means the division of child and family services of the

3-30 department of human resources.

3-31 (b) "Regional facility for children" includes:

3-32 (1) The institution in Douglas County known as China Spring Youth

3-33 Camp ; [.]

3-34 (2) The institution in Clark County known as Spring Mountain Youth

3-35 Camp ; [.]

3-36 (3) Any other institution established and maintained for the care of

3-37 minors adjudged delinquent and committed thereto, except the Nevada

3-38 youth training center and the Caliente youth center [.] ; and

3-39 (4) An institution for which a county is required to pay an

3-40 assessment pursuant to section 1 of this act, including, without limitation,

3-41 the institution in Lyon County known as Western Nevada Regional

3-42 Youth Facility.

4-1 Sec. 3. This act becomes effective upon passage and approval or on

4-2 May 31, 1999, whichever occurs earlier.

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