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- 83rd Session (2025)
Senate Bill No. 208–Senators Steinbeck,
Stone; and Doñate
CHAPTER..........
AN ACT relating to counties; revising the use of revenue collected
by a county from certain telephone surcharges; revising
provisions governing the fund into which such revenue is
deposited; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Under existing federal law, the Federal Communications Commission is
required to regulate the use of money collected from surcharges imposed for
emergency 911 service to prevent diversion of those fees or charges. (47 U.S.C. §
615a-1) Existing federal regulations limit the use of revenue from such fees or
charges imposed by authorized taxing jurisdictions to: (1) the support and
implementation of emergency 911 service; and (2) the operational expenses of a
call center that receives and manages emergency calls, commonly known as a
public safety answering point. Existing federal regulatio ns provide certain
examples of acceptable uses of such revenue which include, without limitation, the
purchase, maintenance or upgrade of buildings or facilities that contain public
safety answering points. (47 C.F.R § 9.23)
Existing law authorizes a board of county commissioners to impose a surcharge
for the enhancement of the telephone system for reporting an emergency or for the
purchase and maintenance of portable event recording devices and vehicular event
recording devices if the board adopts and reviews, at least annually, a 5-year master
plan for the enhancement of the telephone system or the purchase and maintenance
of such recording devices. (NRS 244A.7643) If a county imposes such a surcharge,
existing law requires that the revenue collected from the surcharge be deposited in a
special revenue fund and used only for specified purposes. Existing law prescribes
an order of priority for spending the money in the fund for the specified purposes.
(NRS 244A.7645) Section 3 of this bill: (1) authorizes t he revenue collected from
the surcharge to also be used for paying any costs associated with the construction ,
maintenance or operation of the portion of a facility that contains a telephone
system for reporting an emergency and will be physically occupied by and
functionally dedicated to the operation of such a telephone system; and (2)
prescribes the order of priority for spending the revenue collected from the
surcharge for that additional purpose.
Under existing law, if the uncommitted balance of such a special revenue fund
exceeds a specified monetary threshold at the end of any fiscal year, the board of
county commissioners is required to reduce the amount of the surcharge imposed
during the next fiscal year by the amount necessary to ensure that the
unencumbered balance in the fund at the end of the next fiscal year does not exceed
the specified threshold. (NRS 244A.7645) Section 3 increases to $15,000,000 this
monetary threshold for such a special revenue fund of a county whose population is
700,000 or more (currently Clark County).
Section 3 also increases to $7,500,000 the monetary threshold for such a
special revenue fund of a county whose population is 100,000 or more but less than
700,000 (currently only Washoe County).
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 244A.7645 is hereby amended to read as follows:
244A.7645 1. If a surcharge is imposed pursuant to NRS
244A.7643 in a county whose population is 100,000 or more, the
board of county commissioners of that county shall establish by
ordinance an advisory committee to develop a plan to enhance the
telephone system for reporting an emerg ency in that county and to
oversee any money allocated for that purpose. The advisory
committee must:
(a) Consist of not less than five members who:
(1) Are residents of the county;
(2) Possess knowledge concerning telephone systems for
reporting emergencies; and
(3) Are not elected public officers.
(b) Subject to the provisions of subparagraph (3) of paragraph
(a), include the chief law enforcement officer or his or her designee
from each office of the county sheriff, metropolitan police
department, police department of an incorporated city within the
county and department, division or municipal court of a city or town
that employs marshals within the county, as applicable.
2. If a surcharge is imposed pursuant to NRS 244A.7643 in a
county whose p opulation is less than 100,000, the board of county
commissioners of that county shall establish by ordinance an
advisory committee to develop a plan to enhance or improve the
telephone system for reporting an emergency in that county and to
oversee any mo ney allocated for that purpose. The advisory
committee must:
(a) Consist of not less than five members who:
(1) Are residents of the county;
(2) Possess knowledge concerning telephone systems for
reporting emergencies; and
(3) Are not elected public officers.
(b) Include a representative of an incumbent local exchange
carrier which provides service to persons in that county. As used in
this paragraph, “incumbent local exchange carrier” has the meaning
ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on
October 1, 1999, and includes a local exchange carrier that is treated
as an incumbent local exchange carrier pursuant to that section.
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(c) Subject to the provisions of subparagraph (3) of paragraph
(a), include the chief law enforceme nt officer or his or her designee
from each office of the county sheriff, metropolitan police
department, police department of an incorporated city within the
county and department, division or municipal court of a city or town
that employs marshals within the county, as applicable.
3. If a surcharge is imposed in a county pursuant to NRS
244A.7643, the board of county commissioners of that county shall
create a special revenue fund of the county for the deposit of the
money collected pursuant to NRS 244A.7643. The money in the
fund must be used only:
(a) To pay the costs of adopting and reviewing the 5-year master
plan for the enhancement of the telephone system for reporting
emergencies in the county that is required pursuant to
NRS 244A.7643.
(b) With respect to the telephone system for reporting an
emergency:
(1) In a county whose population is 52,000 or more, to
enhance the telephone system for reporting an emergency, including
only:
(I) Paying recurring and nonrecurring charges for
telecommunication services necessary for the operation of the
enhanced telephone system;
(II) Paying costs for personnel and training associated
with the routine maintenance and updating of the database for the
system;
(III) Purchasing, leasing or renting t he equipment and
software necessary to operate the enhanced telephone system,
including, without limitation, equipment and software that identify
the number or location from which a call is made; and
(IV) Paying costs associated with any maintenance,
upgrade and replacement of equipment and software necessary for
the operation of the enhanced telephone system.
(2) In a county whose population is less than 52,000, to
improve the telephone system for reporting an emergency in the
county.
(c) To pay any costs associated with the construction ,
maintenance or operation of the portion of a facility that contains
a telephone system for reporting an emergency and will be
physically occupied by and functionally dedicated to the operation
of such a telephone system.
(d) With respect to purchasing and maintaining portable event
recording devices and vehicular event recording devices, to pay:
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(1) By an entity described in this subparagraph, costs
associated with the acquisition, maintenance, storage of data,
upgrade and replacement of equipment and software necessary for
the operation of portable event recording devices and vehicular
event recording devices or systems that consist of both portable
event recording devices and vehicular event recording devices.
Money may be expended pursuant to this subparagraph for the
purchase and maintenance of portable event recording devices or
vehicular event recording devices only by:
(I) The sheriff’s office of a county;
(II) A metropolitan police department;
(III) A police department of an incorporated city;
(IV) A department, division or municipal court of a city
or town that employs marshals;
(V) A department of alternative sentencing; or
(VI) A county school district that employs school police
officers.
(2) Costs for personnel and training associated with
maintaining, updating and operating the equipment, hardware and
software necessary for portable event recording devices and
vehicular event recording devices or systems that consist of both
portable event recording devices and vehicular event recording
devices.
(3) Costs for personnel and training associated with the
maintenance, retention and redaction of audio and video events
recorded on portable event recording devices and vehicular event
recording devices or systems that consist of both portable event
recording devices and vehicular event recording devices.
[(d)] (e) To pay any costs associated with performing an
analysis or audit pursuant to NRS 244A.7648 of the surcharges
collected by telecommunications providers.
4. For the purposes described in subsection 3, money in the
fund must be expended in the following order of priority:
(a) Paying the costs authorized pursuant to paragraph (a) of
subsection 3 to adopt and review the 5-year master plan.
(b) If the county performs an analysis or audit described in NRS
244A.7648, paying the costs authorized pursuant to paragraph [(d)]
(e) of subsection 3.
(c) Paying the costs authorized pursuant to paragraph (b) of
subsection 3.
(d) Paying the cos ts authorized pursuant to paragraph (c) of
subsection 3.
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(e) If the county has imposed a portion of the surcharge for
purposes of purchasing and maintaining portable event recording
devices and vehicular event recording devices:
(1) Paying the costs aut horized pursuant to paragraph [(c)]
(d) of subsection 3 other than costs related to personnel and training.
(2) Paying the costs authorized pursuant to paragraph [(c)]
(d) of subsection 3 related to personnel.
(3) Paying the costs authorized pursuant to paragraph [(c)]
(d) of subsection 3 related to training.
5. If money in the fund is distributed to a recipient and:
(a) The recipient has not used the money for any purpose
authorized pursuant to subsection 3 within 6 months, the recipient
must:
(1) Notify the board of county commissioners and the
advisory committee; and
(2) Return the unused money.
(b) The recipient used any portion of the money for a purpose
that is not authorized pursuant to subsection 3, the recipient must:
(1) Notify the board of county commissioners and the
advisory committee; and
(2) Repay the portion of the money that was used for a
purpose not authorized pursuant to subsection 3.
(c) The recipient was not entitled to receive all or a portion of
the money, the recipient must:
(1) Notify the board of county commissioners and the
advisory committee; and
(2) Repay all money to which the recipient was not entitled
to receive.
6. If the balance in the fund created in a county whose
population is 700,000 or more pursuant to subsection 3 which has
not been committed for expenditure exceeds $15,000,000 at the
end of any fiscal year, the board of county commissioners shall
reduce the amount of the surcharge imposed during the next fiscal
year by the amount necessary to ensure that the unencumbered
balance in the fund at the end of the next fiscal year does not
exceed $15,000,000.
7. If the balance in the fund created in a county whose
population is 100,000 or more but less than 70 0,000 pursuant to
subsection 3 which has not been committed for expenditure exceeds
[$5,000,000] $7,500,000 at the end of any fiscal year, the board of
county commissioners shall reduce the amount of the surcharge
imposed during the next fiscal year by the amount necessary to
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ensure that the unencumbered balance in the fund at the end of the
next fiscal year does not exceed [$5,000,000.] $7,500,000.
[7.] 8. If the balance in the fund created in a county whose
population is 52,000 or more but less than 100,000 pursuant to
subsection 3 which has not been committed for expenditure exceeds
$1,000,000 at the end of any fiscal year, the board of county
commissioners shall reduce the amount of the surcharge imposed
during the next fiscal year by the amount necessary to ensure that
the unencumbered balance in the fund at the end of the next fiscal
year does not exceed $1,000,000.
[8.] 9. If the balance in the fund created in a county whose
population is less than 52,000 pursuant to subsection 3 which has
not been committed for expenditure exceeds $500,000 at the end of
any fiscal year, the board of county commissioners shall reduce the
amount of the surcharge imposed during the next fiscal year by the
amount necessary to ensure that the unencumbered balance in
the fund at the end of the next fiscal year does not exceed $500,000.
Secs. 4-7. (Deleted by amendment.)
Sec. 8. 1. This section and sections 3, 6 and 7 of this act
become effective on October 1, 2025.
2. Sections 1, 2, 4 and 5 of this act become effective on
October 1, 2029.
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