SB531_EN

Senate Bill No. 531–Committee on Natural Resources

CHAPTER..........

AN ACT relating to the Colorado River commission; changing the name of the commission to the Colorado River commission of Nevada; changing the titles of certain officers of the commission; removing the option of the executive director of the commission and the deputy executive director of the commission to engage, under certain circumstances, in a business or occupation or hold another office for profit that is in addition to their employment with the commission; 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. NRS 538.041 is hereby amended to read as follows:

538.041 As used in NRS 538.041 to 538.251, inclusive, unless the

context otherwise requires:

1. “Colorado River” means the Colorado River and all of the

tributaries of the river.

2. “Commission” means the Colorado River commission[.] of

Nevada.

3. “Commissioner” means a commissioner of the Colorado River

commission[.] of Nevada.

4. [“Director”] “Executive director” means the executive director of

the Colorado River commission[.] of Nevada.

5. “Southern Nevada Water Authority” means the political subdivision

of the State of Nevada created on July 25, 1991, by a cooperative

agreement entered into on that date pursuant to the provisions of NRS

277.080 to 277.180, inclusive.

6. “Supplemental water” means water from any source which, if

acquired, would allow water to be used consumptively from the

mainstream of the Colorado River in excess of Nevada’s apportionment

pursuant to the Boulder Canyon Project Act of 1928. The term does not

include water from:

(a) Lake Tahoe;

(b) The Truckee, Carson or Walker river;

water within Clark County; or

(d) Any surface water within the State of Nevada or that flows into

the State of Nevada, other than the waters of the Colorado

River,

unless the state engineer authorizes the transfer of that water to the

Colorado River pursuant to the provisions of this chapter or chapter 532,

533 or 534 of NRS.

7. “Water purveyor” means a public entity created by or pursuant to

the laws of this state which:

(a) Is engaged in:

(1) The acquisition of water on behalf of, or the delivery of water to,

another water purveyor; or

(2) The retail delivery of water in this state; and

(b) Is not a member of another such public entity that is itself engaged

in the activities described in paragraph (a).

Sec. 2. NRS 538.051 is hereby amended to read as follows:

538.051 The Colorado River commission[,] of Nevada, consisting of

seven members, is hereby created. Four members must be appointed by

the governor. Three members must be appointed by the board of directors

of the Southern Nevada Water Authority. The governor shall designate

one of his appointees to serve as chairman of the commission.

Sec. 3. NRS 538.101 is hereby amended to read as follows:

538.101 1. While engaged in official business of the commission,

each commissioner appointed by the governor is entitled to receive a

salary of not more than $80 per day, as fixed by the commission.

2. While engaged in the business of the commission, each member and

employee of the commission is entitled to receive the per diem allowance

and travel expenses provided for state officers and employees generally.

3. The executive director or an employee of the commission

designated by the executive director shall certify all bills and claims for

compensation, per diem expense allowances and travel expenses of the

commissioners, and shall submit them for payment in the same manner as

all other state claims. The bills and claims must be paid from the Colorado

River commission fund or any other fund administered by the commission

and designated to be used for those expenses by the executive director.

4. The commission shall provide its members who are appointed by

the governor with industrial insurance through a private carrier authorized

to provide industrial insurance in this state and shall budget and pay for

the premiums for that insurance.

Sec. 4. NRS 538.111 is hereby amended to read as follows:

538.111 At the first meeting of the commission in each calendar year,

the commission shall select the vice chairman for the ensuing calendar

year. The executive director shall provide necessary secretarial service for

the commission.

Sec. 5. NRS 538.121 is hereby amended to read as follows:

538.121 The principal place of business of the commission must be in

Clark County, as particularly determined by the executive director.

Sec. 6. NRS 538.131 is hereby amended to read as follows:

538.131 1. The commissioners shall meet at such times and in such

places as are designated by the chairman; but a majority of the

commissioners may call a meeting of the commission at any time and

place designated by them in a written notice thereof given all

commissioners as provided in this subsection. Except in cases of an

emergency, written notice of all meetings must be given to each

commissioner by the executive director at least 3 working days before

each meeting. Every notice must include information concerning the time,

location and agenda for the meeting. A meeting of the commission must

be held at least quarterly.

2. A majority of the commissioners constitute a quorum for the

transaction of business.

3. As used in this section, “emergency” means any unforeseen

circumstance which requires immediate action by the commission and

includes:

(a) Any disaster caused by a fire, flood, earthquake or other natural

cause; or

(b) Any circumstance which impairs the health and safety of the public.

Sec. 7. NRS 538.133 is hereby amended to read as follows:

538.133 1. The commission shall appoint [a] an executive director.

2. The executive director [is] :

(a) Is in the unclassified service of the state [.

3. Except as otherwise provided in NRS 284.143, the director shall] ;

(b) Serves at the pleasure of the commission; and

office and shall not pursue any other business or occupation or hold any

other office of profit.

Sec. 8. NRS 538.135 is hereby amended to read as follows:

538.135 The executive director:

1. Is responsible for administering and carrying out the policies of the

commission.

2. Shall direct and supervise all the technical and administrative

activities of the commission.

3. Shall report to the commission all relevant and important matters

concerning the administration of his office. He is subject to the

supervision of the commission and is responsible, unless otherwise

provided by law, for the conduct of the administrative function of the

commission’s office.

4. Shall perform any lawful act which he considers necessary or

desirable to carry out the purposes and provisions of [this chapter,] NRS

321.480 to 321.536, inclusive, and 538.010 to 538.251, inclusive, and any

other provisions of law relating to the powers and duties of the

commission.

Sec. 9. NRS 538.137 is hereby amended to read as follows:

538.137 1. The executive director shall appoint a deputy executive

director and shall designate his duties.

2. The deputy executive director of the commission [is] :

(a) Is in the unclassified service of the state [.

3. Except as otherwise provided in NRS 284.143, the deputy director

shall] ; and

(b) Shall devote his entire time and attention to the business of his

office and shall not pursue any other business or occupation or hold any

other office of profit.

Sec. 10. NRS 538.141 is hereby amended to read as follows:

538.141 The executive director shall , within the limits of available

money, employ such assistants and employees as may be necessary to

carry out his functions and duties. The assistants and employees have such

duties as may be prescribed by the executive director.

Sec. 11. NRS 538.211 is hereby amended to read as follows:

538.211 [1. The faith and credit of the State of Nevada hereby is

irrevocably pledged for the performance and observance of all covenants,

conditions, limitations, promises and undertakings made or specified to be

kept, observed or fulfilled on the part of this state, in any contract entered

into on or before January 1, 1996, with the United States of America

relating to the Robert B. Griffith Water Project.

2.] If the State of Nevada must purchase or otherwise acquire property,

or compensate for damage to property, for use in the transmission and

distribution of water or electrical power, the faith and credit of the State of

Nevada hereby is irrevocably pledged for the performance and observance

of all covenants, conditions, limitations, promises and undertakings made

or specified to be kept, observed or fulfilled on the part of the state, in any

contract entered into before, on or after July 1, 1981, pursuant to NRS

538.161 and 538.186.

Sec. 12. NRS 543.550 is hereby amended to read as follows:

543.550 1. There is hereby granted to a district the right of way for

the construction and maintenance of floodways, ditches, waterways,

conduits, canals, dikes, embankments, basins for retention or detention of

water and protective works in, over and across public lands of the State of

Nevada not otherwise disposed of or in use, but not in any case exceeding

the length or width necessary for the construction of those works and

adjuncts or for the protection thereof.

2. Whenever any selection of right of way for those works or adjuncts

is made by the district, the board shall transmit to the division of state

lands of the state department of conservation and natural resources and

any other agency or entity of the state owning land in the area, including

the University and Community College System of Nevada[,] and the

Colorado River [Commission,] commission of Nevada, and to the county

recorder of the county in which the selected lands are situated a plat of the

lands so selected, giving the extent thereof and the uses for which they are

claimed or desired, verified to be correct.

3. If the division of state lands of the state department of conservation

and natural resources approves the selection so made, it must be endorsed

upon the plat and a permit must be issued to use the rights of way and

land.

Sec. 13. NRS 321.490 is hereby amended to read as follows:

321.490 1. As used in NRS 321.480 to 321.536, inclusive, unless the

context otherwise requires:

(a) “Commission” means the Colorado River commission[.] of Nevada.

(b) “Development” and “develop” include the:

(1) Preparation of a proposal, plans for a subdivision, plans for a

zoning district or zoning regulations, or any other acts in conformance

with chapters 278 and 278A of NRS and any local master plans,

regulations and ordinances governing the improvement or use of land or

the location and construction of structures;

(2) Planning, design, construction or any other act necessary to

acquire, extend, alter, reconstruct, repair or make other improvements to a

project; and

(3) Solicitation, consideration and approval of proposals for the use

of land,

in the Fort Mohave Valley.

2. As used in this section, “project” means any structure, facility,

undertaking or system which a county, city, town, general improvement

district or special district is authorized to acquire, improve, equip,

maintain or operate, including all kinds of personal and real property,

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.

Sec. 14. NRS 349.225 is hereby amended to read as follows:

349.225 Except for bonds issued by the Colorado River commission of

Nevada which are additionally supported by pledged revenues of a project,

any general obligation bond authorized on the behalf and in the name of

the state is subject to the review and approval of the state board of finance,

unless otherwise provided by statute.

Sec. 15. NRS 353A.020 is hereby amended to read as follows:

353A.020 1. The director, in consultation with the committee and

legislative auditor, shall adopt a uniform system of internal accounting and

administrative control for agencies. The elements of the system must

include, without limitation:

(a) A plan of organization which provides for a segregation of duties

appropriate to safeguard the assets of the agency;

(b) A plan which limits access to assets of the agency to persons who

need the assets to perform their assigned duties;

control accounting of assets, liabilities, revenues and expenses;

(d) A system of practices to be followed in the performance of the

duties and functions of each agency; and

(e) An effective system of internal review.

2. The director, in consultation with the committee and legislative

auditor, may modify the system whenever he considers it necessary.

3. Each agency shall develop written procedures to carry out the

system of internal accounting and administrative control adopted pursuant

to this section.

4. For the purposes of this section, “agency” does not include:

(a) A board or commission created by the provisions of chapters 623 to

625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

(b) The University and Community College System of Nevada.

(d) The housing division of the department of business and industry.

(e) The Colorado River [Commission.] commission of Nevada.

Sec. 16. NRS 353A.025 is hereby amended to read as follows:

353A.025 1. The head of each agency shall periodically review the

agency’s system of internal accounting and administrative control to

determine whether it is in compliance with the uniform system of internal

accounting and administrative control for agencies adopted pursuant to

subsection 1 of NRS 353A.020.

2. On or before July 1 of each even-numbered year, the head of each

agency shall report to the director whether the agency’s system of internal

accounting and administrative control is in compliance with the uniform

system adopted pursuant to subsection 1 of NRS 353A.020. The reports

must be made available for inspection by the members of the legislature.

3. For the purposes of this section, “agency” does not include:

(a) A board or commission created by the provisions of chapters 623 to

625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

(b) The University and Community College System of Nevada.

(d) The housing division of the department of business and industry.

(e) The Colorado River [Commission.] commission of Nevada.

4. The director shall, on or before the first Monday in February of each

odd-numbered year, submit a report on the status of internal accounting

and administrative controls in agencies to the:

(a) Director of the legislative counsel bureau for transmittal to the:

(1) Senate standing committee on finance; and

(2) Assembly standing committee on ways and means;

(b) Governor; and

5. The report submitted by the director pursuant to subsection 4 must

include, without limitation:

(a) The identification of each agency that has not complied with the

requirements of subsections 1 and 2;

(b) The identification of each agency that does not have an effective

method for reviewing its system of internal accounting and administrative

control; and

of internal accounting and administrative control, and the extent and types

of such weaknesses.

Sec. 17. Sections 2 and 3 of Senate Bill No. 561 of this session are

hereby amended to read as follows:

Sec. 2. NRS 353A.020 is hereby amended to read as follows:

353A.020 1. The director, in consultation with the committee

and legislative auditor, shall adopt a uniform system of internal

accounting and administrative control for agencies. The elements of

the system must include, without limitation:

(a) A plan of organization which provides for a segregation of

duties appropriate to safeguard the assets of the agency;

(b) A plan which limits access to assets of the agency to persons

who need the assets to perform their assigned duties;

effectively control accounting of assets, liabilities, revenues and

expenses;

(d) A system of practices to be followed in the performance of the

duties and functions of each agency; and

(e) An effective system of internal review.

2. The director, in consultation with the committee and legislative

auditor, may modify the system whenever he considers it necessary.

3. Each agency shall develop written procedures to carry out the

system of internal accounting and administrative control adopted

pursuant to this section.

4. For the purposes of this section, “agency” does not include:

(a) A board [or commission] created by the provisions of chapters

623 to [625,] 625A, inclusive, 628 , 630 to 640A, inclusive, 641 to

644, inclusive, 654 and 656 of NRS.

(b) The University and Community College System of Nevada.

(d) The housing division of the department of business and

industry.

(e) The Colorado River commission of Nevada.

Sec. 3. NRS 353A.025 is hereby amended to read as follows:

353A.025 1. The head of each agency shall periodically review

the agency’s system of internal accounting and administrative control

to determine whether it is in compliance with the uniform system of

internal accounting and administrative control for agencies adopted

pursuant to subsection 1 of NRS 353A.020.

2. On or before July 1 of each even-numbered year, the head of

each agency shall report to the director whether the agency’s system

of internal accounting and administrative control is in compliance

with the uniform system adopted pursuant to subsection 1 of NRS

353A.020. The reports must be made available for inspection by the

members of the legislature.

3. For the purposes of this section, “agency” does not include:

(a) A board [or commission] created by the provisions of chapters

623 to [625,] 625A, inclusive, 628 , 630 to 640A, inclusive, 641 to

644, inclusive, 654 and 656 of NRS.

(b) The University and Community College System of Nevada.

(d) The housing division of the department of business and

industry.

(e) The Colorado River commission of Nevada.

4. The director shall, on or before the first Monday in February of

each odd-numbered year, submit a report on the status of internal

accounting and administrative controls in agencies to the:

(a) Director of the legislative counsel bureau for transmittal to the:

(1) Senate standing committee on finance; and

(2) Assembly standing committee on ways and means;

(b) Governor; and

5. The report submitted by the director pursuant to subsection 4

must include, without limitation:

(a) The identification of each agency that has not complied with

the requirements of subsections 1 and 2;

(b) The identification of each agency that does not have an

effective method for reviewing its system of internal accounting and

administrative control; and

system of internal accounting and administrative control, and the

extent and types of such weaknesses.

Sec. 18. This act becomes effective upon passage and approval.

Sec. 19. The Legislative Counsel shall:

1. In preparing the reprint and supplements to the Nevada Revised

Statutes, appropriately change any references to an officer, agency or other

entity whose name is changed or whose responsibilities are transferred

pursuant to the provisions of this act to refer to the appropriate officer,

agency or other entity.

2. In preparing supplements to the Nevada Administrative Code,

appropriately change any references to an officer, agency or other entity

whose name is changed or whose responsibilities are transferred pursuant

to the provisions of this act to refer to the appropriate officer, agency or

other entity.

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