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
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 a1-2
new section to read as follows:1-3
1. Except as otherwise provided in subsection 5, each county shall1-4
pay an assessment for the operation of a regional facility for children1-5
that serves the county if the facility:1-6
(a) Is operated by a county whose population is less than 400,000 or1-7
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 interlocal1-10
agreement or by one county if the facility is operated pursuant to an1-11
interlocal agreement to benefit other counties; and1-12
(c) Is not partially supported by the State of Nevada and does not1-13
receive money from the State of Nevada other than any fees paid to the1-14
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 calculate2-2
the assessment owed by each county pursuant to subsection 1 on or2-3
before March 1 of each year for the ensuing fiscal year. The assessment2-4
owed by each county equals:2-5
(a) For the first 2 years of operation of the regional facility for2-6
children, the total amount budgeted for the operation of the facility by2-7
the governing body of the county or other entity responsible for the2-8
operation of the facility, minus any money received from the State of2-9
Nevada to pay for fees for a child referred to the facility by the State of2-10
Nevada, divided by the total number of pupils in the preceding school2-11
year in all counties served by the facility and multiplied by the number of2-12
pupils in the preceding school year in the assessed county.2-13
(b) For each year subsequent to the second year of operation of the2-14
regional facility for children, unless the counties served by the facility2-15
enter into an interlocal agreement to the contrary, the total of:2-16
(1) The total amount budgeted for the operation of the facility by2-17
the governing body of the county or other entity responsible for the2-18
operation of the facility, minus any money received from the State of2-19
Nevada to pay for fees for a child referred to the facility by the State of2-20
Nevada, divided by the total number of pupils in the preceding school2-21
year in all counties served by the facility, multiplied by the number of2-22
pupils in the preceding school year in the assessed county and multiplied2-23
by one-fourth; and2-24
(2) The total amount budgeted for the operation of the facility by2-25
the governing body of the county or other entity responsible for the2-26
operation of the facility, minus any money received from the State of2-27
Nevada to pay for fees for a child referred to the facility by the State of2-28
Nevada, divided by the total number of pupils who were served by the2-29
facility in the preceding school year from all counties served by the2-30
facility, multiplied by the number of pupils who were served by the2-31
facility in the preceding school year from the assessed county and2-32
multiplied by three-fourths.2-33
3. Each county shall pay the assessment required pursuant to2-34
subsection 1 to the treasurer of the county if the facility is operated by a2-35
county or to the administrative entity responsible for the operation of the2-36
regional facility for children in quarterly installments that are due on the2-37
first day of the first month of each calendar quarter. The money must be2-38
accounted for separately and may only be withdrawn by the2-39
administrator of the regional facility for children.2-40
4. The board of county commissioners of each county may levy an ad2-41
valorem tax of not more than 5 cents on each $100 of assessed valuation2-42
upon all taxable property in the county to pay the assessment required2-43
pursuant to subsection 1. The county may pay the assessment from3-1
revenue raised by a tax levied pursuant to this subsection, any other3-2
available money or a combination thereof. Revenue raised by a county to3-3
pay the assessment required pursuant to subsection 1 is not subject to the3-4
limitations on revenue imposed pursuant to chapter 354 of NRS and3-5
must not be included in the calculation of those limitations.3-6
5. The provisions of this section do not apply to a county whose3-7
population is 400,000 or more.3-8
6. As used in this section, "regional facility for children" means an3-9
institution that provides for the temporary care, custody, control and3-10
treatment of a child under the jurisdiction of a juvenile court who is3-11
detained because he was found violating a law or ordinance, adjudicated3-12
delinquent or determined to be in need of supervision. The term includes,3-13
without limitation, the institution in Lyon County known as Western3-14
Nevada Regional Youth Facility.3-15
Sec. 2. NRS 62.830 is hereby amended to read as follows: 62.830 1. Except as otherwise provided in this subsection, if a child3-17
is committed to the custody of a regional facility for children, the court3-18
may order that the expense of the child’s support and maintenance be paid3-19
by the county of the child’s residence in an amount equal to any money3-20
paid for that purpose by the division. Such an order may not be entered if3-21
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 liable3-23
for the support and maintenance of the child reimburse the county in whole3-24
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 the3-26
support and maintenance of the child in any other manner authorized by3-27
law.3-28
4. As used in this section:3-29
(a) "Division" means the division of child and family services of the3-30
department of human resources.3-31
(b) "Regional facility for children" includes:3-32
(1) The institution in Douglas County known as China Spring Youth3-33
Camp ;3-34
(2) The institution in Clark County known as Spring Mountain Youth3-35
Camp ;3-36
(3) Any other institution established and maintained for the care of3-37
minors adjudged delinquent and committed thereto, except the Nevada3-38
youth training center and the Caliente youth center3-39
(4) An institution for which a county is required to pay an3-40
assessment pursuant to section 1 of this act, including, without limitation,3-41
the institution in Lyon County known as Western Nevada Regional3-42
Youth Facility.4-1
Sec. 3. This act becomes effective upon passage and approval or on4-2
May 31, 1999, whichever occurs earlier.~