1. Assembly Bill No. 314–Assemblymen Dini, Hettrick,

  1. de Braga and Parnell
  1. Joint Sponsors: Senators Jacobsen, Amodei and McGinness

CHAPTER........

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:

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

new section to read as follows:

  1. 1. Except as otherwise provided in subsection 5, each county shall
  1. pay an assessment for the operation of a regional facility for children
  1. that serves the county if the facility:
  1. (a) Is operated by a county whose population is less than 400,000 or
  1. an administrative entity established pursuant to NRS 277.080 to 277.180,
  1. inclusive, by counties whose populations are less than 400,000 each;
  1. (b) Is established by two or more counties pursuant to an interlocal
  1. agreement or by one county if the facility is operated pursuant to an
  1. interlocal agreement to benefit other counties; and
  1. (c) Is not partially supported by the State of Nevada and does not
  1. receive money from the State of Nevada other than any fees paid to the
  1. facility for a child referred to the facility by the State of Nevada.
  1. 2. The administrator of a regional facility for children shall calculate
  1. the assessment owed by each county pursuant to subsection 1 on or
  1. before March 1 of each year for the ensuing fiscal year. The assessment
  1. owed by each county equals:
  1. (a) For the first 2 years of operation of the regional facility for
  1. children, the total amount budgeted for the operation of the facility by
  1. the governing body of the county or other entity responsible for the
  1. operation of the facility, minus any money received from the State of
  1. Nevada to pay for fees for a child referred to the facility by the State of
  1. Nevada, divided by the total number of pupils in the preceding school
  1. year in all counties served by the facility and multiplied by the number of
  1. pupils in the preceding school year in the assessed county.
  1. (b) For each year subsequent to the second year of operation of the
  1. regional facility for children, unless the counties served by the facility
  1. enter into an interlocal agreement to the contrary, the total of:
  1. (1) The total amount budgeted for the operation of the facility by
  1. the governing body of the county or other entity responsible for the
  1. operation of the facility, minus any money received from the State of
  1. Nevada to pay for fees for a child referred to the facility by the State of
  1. Nevada, divided by the total number of pupils in the preceding school
  2. year in all counties served by the facility, multiplied by the number of
  1. pupils in the preceding school year in the assessed county and multiplied
  1. by one-fourth; and
  1. (2) The total amount budgeted for the operation of the facility by
  1. the governing body of the county or other entity responsible for the
  1. operation of the facility, minus any money received from the State of
  1. Nevada to pay for fees for a child referred to the facility by the State of
  1. Nevada, divided by the total number of pupils who were served by the
  1. facility in the preceding school year from all counties served by the
  1. facility, multiplied by the number of pupils who were served by the
  1. facility in the preceding school year from the assessed county and
  1. multiplied by three-fourths.
  1. 3. Each county shall pay the assessment required pursuant to
  1. subsection 1 to the treasurer of the county if the facility is operated by a
  1. county or to the administrative entity responsible for the operation of the
  1. regional facility for children in quarterly installments that are due on the
  1. first day of the first month of each calendar quarter. The money must be
  1. accounted for separately and may only be withdrawn by the
  1. administrator of the regional facility for children.

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

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

upon all taxable property in the county to pay the assessment required

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

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

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

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

limitations on revenue imposed pursuant to chapter 354 of NRS and

must not be included in the calculation of those limitations.

  1. 5. The provisions of this section do not apply to a county whose
  1. population is 400,000 or more.
  1. 6. As used in this section, "regional facility for children" means an
  1. institution that provides for the temporary care, custody, control and
  1. treatment of a child under the jurisdiction of a juvenile court who is
  1. detained because he was found violating a law or ordinance, adjudicated
  1. delinquent or determined to be in need of supervision. The term includes,
  1. without limitation, the institution in Lyon County known as Western
  1. Nevada Regional Youth Facility.

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

  1. 62.830 1. Except as otherwise provided in this subsection, if a child
  1. is committed to the custody of a regional facility for children, the court may
  1. order that the expense of the child’s support and maintenance be paid by
  1. the county of the child’s residence in an amount equal to any money paid
  1. for that purpose by the division. Such an order may not be entered if the
  1. county maintains the facility to which the child is committed.
  2. 2. The court may order that the parents, guardian or other person liable
  1. for the support and maintenance of the child reimburse the county in whole
  1. or in part for the expense of the child’s support and maintenance.
  1. 3. This section does not prohibit the court from providing for the
  1. support and maintenance of the child in any other manner authorized by
  1. law.
  1. 4. As used in this section:
  1. (a) "Division" means the division of child and family services of the
  1. department of human resources.
  1. (b) "Regional facility for children" includes:
  1. (1) The institution in Douglas County known as China Spring Youth
  1. Camp ; [.]
  1. (2) The institution in Clark County known as Spring Mountain Youth
  1. Camp ; [.]
  1. (3) Any other institution established and maintained for the care of
  1. minors adjudged delinquent and committed thereto, except the Nevada
  1. youth training center and the Caliente youth center [.] ; and
  1. (4) An institution for which a county is required to pay an
  1. assessment pursuant to section 1 of this act, including, without
  1. limitation, the institution in Lyon County known as Western Nevada
  1. Regional Youth Facility.

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

May 31, 1999, whichever occurs earlier.

~