exempt

      (REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 531–Committee on Natural Resources

 

(On Behalf of Colorado River Commission)

 

March 26, 2001

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Revises provisions concerning Colorado River commission. (BDR 48‑354)

 

FISCAL NOTE:                     Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

1-1    Section 1. NRS 538.041 is hereby amended to read as follows:

1-2    538.041  As used in NRS 538.041 to 538.251, inclusive, unless the

1-3  context otherwise requires:

1-4    1.  “Colorado River” means the Colorado River and all of the

1-5  tributaries of the river.

1-6    2.  “Commission” means the Colorado River commission[.] of

1-7  Nevada.

1-8    3.  “Commissioner” means a commissioner of the Colorado River

1-9  commission[.] of Nevada.

1-10    4.  [“Director”] “Executive director” means the executive director of

1-11  the Colorado River commission[.] of Nevada.

1-12    5.  “Southern Nevada Water Authority” means the political subdivision

1-13  of the State of Nevada created on July 25, 1991, by a cooperative

1-14  agreement entered into on that date pursuant to the provisions of NRS

1-15  277.080 to 277.180, inclusive.

1-16    6.  “Supplemental water” means water from any source which, if

1-17  acquired, would allow water to be used consumptively from the

1-18  mainstream of the Colorado River in excess of Nevada’s apportionment

2-1  pursuant to the Boulder Canyon Project Act of 1928. The term does not

2-2  include water from:

2-3    (a) Lake Tahoe;

2-4    (b) The Truckee, Carson or Walker river;

2-5    (c) Any ground water within the State of Nevada, other than ground

2-6  water within Clark County; or

2-7    (d) Any surface water within the State of Nevada or that flows into

2-8  the State of Nevada, other than the waters of the Colorado

2-9  River,

2-10  unless the state engineer authorizes the transfer of that water to the

2-11  Colorado River pursuant to the provisions of this chapter or chapter 532,

2-12  533 or 534 of NRS.

2-13    7.  “Water purveyor” means a public entity created by or pursuant to

2-14  the laws of this state which:

2-15    (a) Is engaged in:

2-16      (1) The acquisition of water on behalf of, or the delivery of water to,

2-17  another water purveyor; or

2-18      (2) The retail delivery of water in this state; and

2-19    (b) Is not a member of another such public entity that is itself engaged

2-20  in the activities described in paragraph (a).

2-21    Sec. 2.  NRS 538.051 is hereby amended to read as follows:

2-22    538.051  The Colorado River commission[,] of Nevada, consisting of

2-23  seven members, is hereby created. Four members must be appointed by the

2-24  governor. Three members must be appointed by the board of directors of

2-25  the Southern Nevada Water Authority. The governor shall designate one of

2-26  his appointees to serve as chairman of the commission.

2-27    Sec. 3.  NRS 538.101 is hereby amended to read as follows:

2-28    538.101  1.  While engaged in official business of the commission,

2-29  each commissioner appointed by the governor is entitled to receive a salary

2-30  of not more than $80 per day, as fixed by the commission.

2-31    2.  While engaged in the business of the commission, each member and

2-32  employee of the commission is entitled to receive the per diem allowance

2-33  and travel expenses provided for state officers and employees generally.

2-34    3.  The executive director or an employee of the commission

2-35  designated by the executive director shall certify all bills and claims for

2-36  compensation, per diem expense allowances and travel expenses of the

2-37  commissioners, and shall submit them for payment in the same manner as

2-38  all other state claims. The bills and claims must be paid from the Colorado

2-39  River commission fund or any other fund administered by the commission

2-40  and designated to be used for those expenses by the executive director.

2-41    4.  The commission shall provide its members who are appointed by

2-42  the governor with industrial insurance through a private carrier authorized

2-43  to provide industrial insurance in this state and shall budget and pay for the

2-44  premiums for that insurance.

2-45    Sec. 4.  NRS 538.111 is hereby amended to read as follows:

2-46    538.111  At the first meeting of the commission in each calendar year,

2-47  the commission shall select the vice chairman for the ensuing calendar

2-48  year. The executive director shall provide necessary secretarial service for

2-49  the commission.

3-1    Sec. 5.  NRS 538.121 is hereby amended to read as follows:

3-2    538.121  The principal place of business of the commission must be in

3-3  Clark County, as particularly determined by the executive director.

3-4    Sec. 6.  NRS 538.131 is hereby amended to read as follows:

3-5    538.131  1.  The commissioners shall meet at such times and in such

3-6  places as are designated by the chairman; but a majority of the

3-7  commissioners may call a meeting of the commission at any time and place

3-8  designated by them in a written notice thereof given all commissioners as

3-9  provided in this subsection. Except in cases of an emergency, written

3-10  notice of all meetings must be given to each commissioner by the executive

3-11  director at least 3 working days before each meeting. Every notice must

3-12  include information concerning the time, location and agenda for the

3-13  meeting. A meeting of the commission must be held at least quarterly.

3-14    2.  A majority of the commissioners constitute a quorum for the

3-15  transaction of business.

3-16    3.  As used in this section, “emergency” means any unforeseen

3-17  circumstance which requires immediate action by the commission and

3-18  includes:

3-19    (a) Any disaster caused by a fire, flood, earthquake or other natural

3-20  cause; or

3-21    (b) Any circumstance which impairs the health and safety of the public.

3-22    Sec. 7.  NRS 538.133 is hereby amended to read as follows:

3-23    538.133  1.  The commission shall appoint [a] an executive director.

3-24    2.  The executive director [is] :

3-25    (a) Is in the unclassified service of the state [.

3-26    3.  Except as otherwise provided in NRS 284.143, the director shall] ;

3-27    (b) Serves at the pleasure of the commission; and

3-28    (c) Shall devote his entire time and attention to the business of his

3-29  office and shall not pursue any other business or occupation or hold any

3-30  other office of profit.

3-31    Sec. 8.  NRS 538.135 is hereby amended to read as follows:

3-32    538.135  The executive director:

3-33    1.  Is responsible for administering and carrying out the policies of the

3-34  commission.

3-35    2.  Shall direct and supervise all the technical and administrative

3-36  activities of the commission.

3-37    3.  Shall report to the commission all relevant and important matters

3-38  concerning the administration of his office. He is subject to the supervision

3-39  of the commission and is responsible, unless otherwise provided by law,

3-40  for the conduct of the administrative function of the commission’s office.

3-41    4.  Shall perform any lawful act which he considers necessary or

3-42  desirable to carry out the purposes and provisions of [this chapter,] NRS

3-43  321.480 to 321.536, inclusive, and 538.010 to 538.251, inclusive, and any

3-44  other provisions of law relating to the powers and duties of the

3-45  commission.

3-46    Sec. 9.  NRS 538.137 is hereby amended to read as follows:

3-47    538.137  1.  The executive director shall appoint a deputy executive

3-48  director and shall designate his duties.

3-49    2.  The deputy executive director of the commission [is] :

4-1    (a) Is in the unclassified service of the state [.

4-2    3.  Except as otherwise provided in NRS 284.143, the deputy director

4-3  shall] ; and

4-4    (b) Shall devote his entire time and attention to the business of his

4-5  office and shall not pursue any other business or occupation or hold any

4-6  other office of profit.

4-7    Sec. 10.  NRS 538.141 is hereby amended to read as follows:

4-8    538.141  The executive director shall , within the limits of available

4-9  money, employ such assistants and employees as may be necessary to carry

4-10  out his functions and duties. The assistants and employees have such duties

4-11  as may be prescribed by the executive director.

4-12    Sec. 11.  NRS 538.211 is hereby amended to read as follows:

4-13    538.211  [1.  The faith and credit of the State of Nevada hereby is

4-14  irrevocably pledged for the performance and observance of all covenants,

4-15  conditions, limitations, promises and undertakings made or specified to be

4-16  kept, observed or fulfilled on the part of this state, in any contract entered

4-17  into on or before January 1, 1996, with the United States of America

4-18  relating to the Robert B. Griffith Water Project.

4-19    2.] If the State of Nevada must purchase or otherwise acquire property,

4-20  or compensate for damage to property, for use in the transmission and

4-21  distribution of water or electrical power, the faith and credit of the State of

4-22  Nevada hereby is irrevocably pledged for the performance and observance

4-23  of all covenants, conditions, limitations, promises and undertakings made

4-24  or specified to be kept, observed or fulfilled on the part of the state, in any

4-25  contract entered into before, on or after July 1, 1981, pursuant to NRS

4-26  538.161 and 538.186.

4-27    Sec. 12.  NRS 543.550 is hereby amended to read as follows:

4-28    543.550  1.  There is hereby granted to a district the right of way for

4-29  the construction and maintenance of floodways, ditches, waterways,

4-30  conduits, canals, dikes, embankments, basins for retention or detention of

4-31  water and protective works in, over and across public lands of the State of

4-32  Nevada not otherwise disposed of or in use, but not in any case exceeding

4-33  the length or width necessary for the construction of those works and

4-34  adjuncts or for the protection thereof.

4-35    2.  Whenever any selection of right of way for those works or adjuncts

4-36  is made by the district, the board shall transmit to the division of state lands

4-37  of the state department of conservation and natural resources and any other

4-38  agency or entity of the state owning land in the area, including the

4-39  University and Community College System of Nevada[,] and the

4-40  Colorado River [Commission,] commission of Nevada, and to the county

4-41  recorder of the county in which the selected lands are situated a plat of the

4-42  lands so selected, giving the extent thereof and the uses for which they are

4-43  claimed or desired, verified to be correct.

4-44    3.  If the division of state lands of the state department of conservation

4-45  and natural resources approves the selection so made, it must be endorsed

4-46  upon the plat and a permit must be issued to use the rights of way and land.

4-47    Sec. 13.  NRS 321.490 is hereby amended to read as follows:

4-48    321.490  1.  As used in NRS 321.480 to 321.536, inclusive, unless the

4-49  context otherwise requires:

5-1    (a) “Commission” means the Colorado River commission[.] of Nevada.

5-2    (b) “Development” and “develop” include the:

5-3       (1) Preparation of a proposal, plans for a subdivision, plans for a

5-4  zoning district or zoning regulations, or any other acts in conformance with

5-5  chapters 278 and 278A of NRS and any local master plans, regulations and

5-6  ordinances governing the improvement or use of land or the location and

5-7  construction of structures;

5-8       (2) Planning, design, construction or any other act necessary to

5-9  acquire, extend, alter, reconstruct, repair or make other improvements to a

5-10  project; and

5-11      (3) Solicitation, consideration and approval of proposals for the use

5-12  of land,

5-13  in the Fort Mohave Valley.

5-14    2.  As used in this section, “project” means any structure, facility,

5-15  undertaking or system which a county, city, town, general improvement

5-16  district or special district is authorized to acquire, improve, equip, maintain

5-17  or operate, including all kinds of personal and real property, improvements

5-18  and fixtures thereon, property of any nature appurtenant thereto or used in

5-19  connection therewith and every estate, interest and right therein, legal or

5-20  equitable, including terms for years, or any combination thereof.

5-21    Sec. 14.  NRS 349.225 is hereby amended to read as follows:

5-22    349.225  Except for bonds issued by the Colorado River commission of

5-23  Nevada which are additionally supported by pledged revenues of a project,

5-24  any general obligation bond authorized on the behalf and in the name of

5-25  the state is subject to the review and approval of the state board of finance,

5-26  unless otherwise provided by statute.

5-27    Sec. 15.  NRS 353A.020 is hereby amended to read as follows:

5-28     353A.020  1.  The director, in consultation with the committee and

5-29  legislative auditor, shall adopt a uniform system of internal accounting and

5-30  administrative control for agencies. The elements of the system must

5-31  include, without limitation:

5-32    (a) A plan of organization which provides for a segregation of duties

5-33  appropriate to safeguard the assets of the agency;

5-34    (b) A plan which limits access to assets of the agency to persons who

5-35  need the assets to perform their assigned duties;

5-36    (c) Procedures for authorizations and recordkeeping which effectively

5-37  control accounting of assets, liabilities, revenues and expenses;

5-38    (d) A system of practices to be followed in the performance of the

5-39  duties and functions of each agency; and

5-40    (e) An effective system of internal review.

5-41    2.  The director, in consultation with the committee and legislative

5-42  auditor, may modify the system whenever he considers it necessary.

5-43    3.  Each agency shall develop written procedures to carry out the

5-44  system of internal accounting and administrative control adopted pursuant

5-45  to this section.

5-46    4.  For the purposes of this section, “agency” does not include:

5-47    (a) A board or commission created by the provisions of chapters 623 to

5-48  625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

5-49    (b) The University and Community College System of Nevada.

6-1    (c) The public employees’ retirement system.

6-2    (d) The housing division of the department of business and industry.

6-3    (e) The Colorado River [Commission.] commission of Nevada.

6-4    Sec. 16.  NRS 353A.025 is hereby amended to read as follows:

6-5     353A.025  1.  The head of each agency shall periodically review the

6-6  agency’s system of internal accounting and administrative control to

6-7  determine whether it is in compliance with the uniform system of internal

6-8  accounting and administrative control for agencies adopted pursuant to

6-9  subsection 1 of NRS 353A.020.

6-10    2.  On or before July 1 of each even-numbered year, the head of each

6-11  agency shall report to the director whether the agency’s system of internal

6-12  accounting and administrative control is in compliance with the uniform

6-13  system adopted pursuant to subsection 1 of NRS 353A.020. The reports

6-14  must be made available for inspection by the members of the legislature.

6-15    3.  For the purposes of this section, “agency” does not include:

6-16    (a) A board or commission created by the provisions of chapters 623 to

6-17  625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

6-18    (b) The University and Community College System of Nevada.

6-19    (c) The public employees’ retirement system.

6-20    (d) The housing division of the department of business and industry.

6-21    (e) The Colorado River [Commission.] commission of Nevada.

6-22    4.  The director shall, on or before the first Monday in February of each

6-23  odd-numbered year, submit a report on the status of internal accounting

6-24  and administrative controls in agencies to the:

6-25    (a) Director of the legislative counsel bureau for transmittal to the:

6-26      (1) Senate standing committee on finance; and

6-27      (2) Assembly standing committee on ways and means;

6-28    (b) Governor; and

6-29    (c) Legislative auditor.

6-30    5.  The report submitted by the director pursuant to subsection 4 must

6-31  include, without limitation:

6-32    (a) The identification of each agency that has not complied with the

6-33  requirements of subsections 1 and 2;

6-34    (b) The identification of each agency that does not have an effective

6-35  method for reviewing its system of internal accounting and administrative

6-36  control; and

6-37    (c) The identification of each agency that has weaknesses in its system

6-38  of internal accounting and administrative control, and the extent and types

6-39  of such weaknesses.

6-40    Sec. 17.  Sections 2 and 3 of Senate Bill No. 561 of this session are

6-41  hereby amended to read as follows:

6-42    Sec. 2. NRS 353A.020 is hereby amended to read as follows:

6-43     353A.020  1.  The director, in consultation with the committee

6-44  and legislative auditor, shall adopt a uniform system of internal

6-45  accounting and administrative control for agencies. The elements of

6-46  the system must include, without limitation:

6-47    (a) A plan of organization which provides for a segregation of

6-48  duties appropriate to safeguard the assets of the agency;

7-1    (b) A plan which limits access to assets of the agency to persons

7-2  who need the assets to perform their assigned duties;

7-3    (c) Procedures for authorizations and recordkeeping which

7-4  effectively control accounting of assets, liabilities, revenues and

7-5  expenses;

7-6    (d) A system of practices to be followed in the performance of the

7-7  duties and functions of each agency; and

7-8    (e) An effective system of internal review.

7-9    2.  The director, in consultation with the committee and legislative

7-10  auditor, may modify the system whenever he considers it necessary.

7-11    3.  Each agency shall develop written procedures to carry out the

7-12  system of internal accounting and administrative control adopted

7-13  pursuant to this section.

7-14    4.  For the purposes of this section, “agency” does not include:

7-15    (a) A board [or commission] created by the provisions of chapters

7-16  623 to [625,] 625A, inclusive, 628 , 630 to 640A, inclusive, 641 to

7-17  644, inclusive, 654 and 656 of NRS.

7-18    (b) The University and Community College System of Nevada.

7-19    (c) The public employees’ retirement system.

7-20    (d) The housing division of the department of business and

7-21  industry.

7-22    (e) The Colorado River commission of Nevada.

7-23    Sec. 3. NRS 353A.025 is hereby amended to read as follows:

7-24  353A.025  1.  The head of each agency shall periodically review

7-25  the agency’s system of internal accounting and administrative control

7-26  to determine whether it is in compliance with the uniform system of

7-27  internal accounting and administrative control for agencies adopted

7-28  pursuant to subsection 1 of NRS 353A.020.

7-29    2.  On or before July 1 of each even-numbered year, the head of

7-30  each agency shall report to the director whether the agency’s system

7-31  of internal accounting and administrative control is in compliance

7-32  with the uniform system adopted pursuant to subsection 1 of NRS

7-33  353A.020. The reports must be made available for inspection by the

7-34  members of the legislature.

7-35    3.  For the purposes of this section, “agency” does not include:

7-36    (a) A board [or commission] created by the provisions of chapters

7-37  623 to [625,] 625A, inclusive, 628 , 630 to 640A, inclusive, 641 to

7-38  644, inclusive, 654 and 656 of NRS.

7-39    (b) The University and Community College System of Nevada.

7-40    (c) The public employees’ retirement system.

7-41    (d) The housing division of the department of business and

7-42  industry.

7-43    (e) The Colorado River commission of Nevada.

7-44    4.  The director shall, on or before the first Monday in February of

7-45  each odd-numbered year, submit a report on the status of internal

7-46  accounting and administrative controls in agencies to the:

7-47    (a) Director of the legislative counsel bureau for transmittal to the:

7-48      (1) Senate standing committee on finance; and

7-49      (2) Assembly standing committee on ways and means;

8-1    (b) Governor; and

8-2    (c) Legislative auditor.

8-3    5.  The report submitted by the director pursuant to subsection 4

8-4  must include, without limitation:

8-5    (a) The identification of each agency that has not complied with

8-6  the requirements of subsections 1 and 2;

8-7    (b) The identification of each agency that does not have an

8-8  effective method for reviewing its system of internal accounting and

8-9  administrative control; and

8-10    (c) The identification of each agency that has weaknesses in its

8-11  system of internal accounting and administrative control, and the

8-12  extent and types of such weaknesses.

8-13    Sec. 18.  This act becomes effective upon passage and approval.

8-14    Sec. 19.  The Legislative Counsel shall:

8-15    1.  In preparing the reprint and supplements to the Nevada Revised

8-16  Statutes, appropriately change any references to an officer, agency or other

8-17  entity whose name is changed or whose responsibilities are transferred

8-18  pursuant to the provisions of this act to refer to the appropriate officer,

8-19  agency or other entity.

8-20    2.  In preparing supplements to the Nevada Administrative Code,

8-21  appropriately change any references to an officer, agency or other entity

8-22  whose name is changed or whose responsibilities are transferred pursuant

8-23  to the provisions of this act to refer to the appropriate officer, agency or

8-24  other entity.

 

8-25  H