reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.545 - Legislative findings and declaration.

The Legislature hereby finds and declares that:
1. The authority provided by other specific statutes for the government of this State and the political subdivisions of this State to use lease-purchase and installment-purchase agreements provides an important and valuable option for these governmental entities and, when this authority is used properly, provides great benefit to the residents of this State.
2. The statutory provisions governing the use of lease-purchase and installment-purchase agreements should be interpreted to allow the process of entering into and carrying out these agreements to be as streamlined and efficient as possible.
3. The government of this State and the political subdivisions of this State should not use lease-purchase and installment-purchase agreements to:
(a) Engage in or allow bid-shopping; or
(b) Avoid or circumvent any requirement regarding the payment of prevailing wages for public works.
4. When using lease-purchase and installment-purchase agreements, the government of this State and the political subdivisions of this State should provide for the preferential hiring of Nevada residents to the extent otherwise required by law.
5. If a lease-purchase or installment-purchase agreement involves the construction, alteration, repair or remodeling of an improvement:
(a) The person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the improvement shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.
(b) The government of this State or a political subdivision of this State, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the government of this State or a political subdivision of this State had undertaken the project or had awarded the contract.
(Added to NRS by 2007, 829; A 2009, 2071; 2015, 29, 2654)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.550 - Requirements for agreement by state agency to acquire real property or interest in or improvement to real property with terms that extend beyond biennium in which executed.

1. A state agency may propose a project to acquire real property, an interest in real property or an improvement to real property through an agreement which has a term, including the terms of any options for renewal, that extends beyond the biennium in which the agreement is executed if the agreement:
(a) Provides that all obligations of the State of Nevada and the state agency are extinguished by the failure of the Legislature to appropriate money for the ensuing fiscal year for payments due pursuant to the agreement;
(b) Does not encumber any property of the State of Nevada or the state agency except for the property that is the subject of the agreement;
(c) Provides that property of the State of Nevada and the state agency, except for the property that is the subject of the agreement, must not be forfeited if:
(1) The Legislature fails to appropriate money for payments due pursuant to the agreement; or
(2) The State of Nevada or the state agency breaches the agreement;
(d) Prohibits certificates of participation in the agreement; and
(e) For the biennium in which it is executed, does not require payments that are greater than the amount authorized for such payments pursuant to the applicable budget of the state agency.
2. The provisions of paragraph (d) of subsection 1 may be waived by the Board, upon the recommendation of the State Treasurer, if the Board determines that waiving those provisions:
(a) Is in the best interests of this State; and
(b) Complies with federal securities laws.
3. Before an agreement proposed pursuant to subsection 1 may become effective:
(a) The proposed project must be approved by the Legislature by concurrent resolution or statute or as part of the budget of the state agency, or by the Interim Finance Committee when the Legislature is not in regular session;
(b) The agency must submit the proposed agreement to the Chief, the Director of the Department of Administration, the State Treasurer and the State Land Registrar for their review and transmittal to the Board;
(c) The Board must approve the proposed agreement; and
(d) The Governor must execute the agreement.
(Added to NRS by 2001, 2479; A 2017, 124)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.555 - Approval of Legislature or Interim Finance Committee required for certain changes in scope of agreement.

1. Before the State of Nevada or a state agency causes or allows a change in the scope of an agreement, the change must be approved by:
(a) The Legislature, by concurrent resolution, when the Legislature is in regular or special session; or
(b) The Interim Finance Committee, by resolution, while the Legislature is not in regular or special session.
2. As used in this section, "change in the scope of an agreement" means that, as compared to when the agreement was originally entered into or previously changed, whichever is the more recent:
(a) The square footage of the property that is the subject of the agreement will be increased or decreased by 10 percent or more;
(b) Ten percent or more of the square footage of the property that is the subject of the agreement will be allocated to a different intended use; or
(c) The number of users of the property that is the subject of the agreement will be increased or decreased by 10 percent or more.
(Added to NRS by 2007, 925)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.560 - Legislature not obligated to appropriate money for payments due pursuant to agreement; prohibition on such representations.

1. The provisions of NRS 353.500 to 353.630, inclusive, do not obligate the Legislature to appropriate money for payments due pursuant to an agreement entered into pursuant to those sections.
2. A state agency, person acting on behalf of a state agency, officer of this State or employee of this State shall not represent that the Legislature is obligated to appropriate money for payments due pursuant to an agreement entered into pursuant to NRS 353.500 to 353.630, inclusive.
(Added to NRS by 2001, 2479; A 2007, 830)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.570 - State Treasurer authorized to take appropriate actions to facilitate agreements.

The State Treasurer may take such actions as he or she deems appropriate to facilitate an agreement pursuant to NRS 353.500 to 353.630, inclusive, including, without limitation:
1. Entering into contracts for relevant professional services;
2. Obtaining credit enhancement and interest rate hedges; and
3. Assisting with the offering of certificates of participation pursuant to the limitations set forth in NRS 353.550.
(Added to NRS by 2001, 2479; A 2007, 830)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.580 - Exemption of agreement from requirement of competitive bidding or other restrictions on procedure for awarding contracts.

An agreement entered into pursuant to NRS 353.500 to 353.630, inclusive, is not subject to any requirement of competitive bidding or other restriction imposed on the procedure for the awarding of contracts.
(Added to NRS by 2001, 2479; A 2007, 830)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.590 - Exemption of agreement involving construction, alteration, repair or remodeling of improvement from laws requiring competitive bidding and certain provisions relating to public works; exceptions.

If an agreement pursuant to NRS 353.500 to 353.630, inclusive, involves the construction, alteration, repair or remodeling of an improvement:
1. Except as otherwise provided in this section, the construction, alteration, repair or remodeling of the improvement may be conducted as specified in the agreement without complying with the provisions of:
(a) Any law requiring competitive bidding; or
(b) Chapter 341 of NRS.
2. The person or entity that enters into the agreement for the actual construction, alteration, repair or remodeling of the improvement shall include in the agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.
3. The State or a state agency, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the State or a state agency had undertaken the project or had awarded the contract.
4. The provisions of:
(a) Paragraph (b) of subsection 9 of NRS 341.100; and
(b) NRS 341.105,
apply to the construction, alteration, repair or remodeling of the improvement.
(Added to NRS by 2001, 2480; A 2005, 2905; 2007, 664, 830; 2009, 2072; 2011, 3574; 2015, 30, 2654)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.600 - Lease of property subject to agreement involving improvement to state property: Conditions for entry; review and approval.

1. Except as otherwise provided in this section, if an agreement pursuant to NRS 353.500 to 353.630, inclusive, involves an improvement to property owned by the State of Nevada or the state agency, the State Land Registrar, in consultation with the State Treasurer and in conjunction with the agreement, upon approval of the State Board of Examiners, may enter into a lease of the property to which the improvement will be made if the lease:
(a) Has a term of 35 years or less; and
(b) Provides for rental payments that approximate the fair market rental of the property before the improvement is made, as determined by the State Land Registrar in consultation with the State Treasurer at the time the lease is entered into, which must be paid if the agreement terminates before the expiration of the lease because the Legislature fails to appropriate money for payments due pursuant to the agreement.
2. A lease entered into pursuant to this section may provide for nominal rental payments to be paid pursuant to the lease before the agreement terminates.
3. Before the State Land Registrar may enter into a lease pursuant to this section:
(a) The State Land Registrar must submit the proposed lease to the Chief, the Director of the Department of Administration and the State Treasurer for their review and transmittal to the Board; and
(b) The Board must approve the lease.
(Added to NRS by 2001, 2480; A 2007, 830; 2017, 125)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.610 - State agency to file copies of agreement and schedule of payments upon execution of agreement.

Immediately after an agreement is executed pursuant to NRS 353.550, the state agency on whose behalf the agreement was executed shall file with the Chief, the Director of the Department of Administration and the State Treasurer:
1. A fully executed copy of the agreement; and
2. A schedule of payments that indicates the principal and interest payments due throughout the term of the agreement.
(Added to NRS by 2001, 2480; A 2017, 126)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.620 - Property subject to agreement exempt from ad valorem property taxation in certain circumstances.

While an agreement entered into pursuant to NRS 353.500 to 353.630, inclusive, is in effect, the property that is the subject of the agreement is exempt from ad valorem property taxation by this State and its political subdivisions if:
1. An improvement is being constructed on the property pursuant to the agreement; or
2. This State or a state agency is in possession of the property.
(Added to NRS by 2001, 2480; A 2007, 831)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.630 - Property subject to agreement deemed property of State or state agency for purposes of statutory limits on damages that may be awarded against State in certain circumstances.

While an agreement entered into pursuant to NRS 353.500 to 353.630, inclusive, is in effect, the property that is the subject of the agreement shall be deemed to be the property of this State or the state agency for the purposes of statutory limits on damages that may be awarded against this State, including, without limitation, the limits in chapter 41 of NRS, with respect to any action or claim, including a claim for civil damages, that arises from or is related to the property and is brought by a person who is not a party to the agreement if:
1. An improvement is being constructed on the property pursuant to the agreement; or
2. This State or a state agency is in possession of the property.
(Added to NRS by 2001, 2481; A 2007, 831)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.640 - Criteria; applicability of laws governing public works; subcontracts; provisions required to be included in agreement with prime contractor.

1. An organization may partner with a state agency and provide private financing only for the construction of a hospital, medical education building or medical research building in this State if the organization:
(a) Qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and a supporting organization pursuant to 26 U.S.C. § 509(a)(3); and
(b) Is organized and operated to support the state agency in the construction of a hospital, medical education building or medical research building in this State.
2. An organization that meets the criteria set forth in subsection 1:
(a) Is exempt from the provisions of NRS 338.1375 to 338.139, inclusive, in selecting a contractor for a project developed by the organization;
(b) Shall comply with the provisions of NRS 338.013 to 338.090, inclusive; and
(c) Is exempt from the provisions of chapter 341 of NRS and not subject to the oversight or involvement of the State Public Works Division of the Department of Administration, except for any authority of the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section exercised pursuant to subsection 2 of NRS 341.145.
3. All subcontracts for a project developed by an organization that meets the criteria set forth in subsection 1 must be competitively bid pursuant to NRS 338.1685 to 338.16995, inclusive. An eligible subcontractor who bids on such a project is entitled to receive a preference in bidding pursuant to subsection 3 or 4 of NRS 338.1389.
4. Any contract or agreement entered into with a prime contractor for a project developed by an organization that meets the criteria set forth in subsection 1 must include, without limitation, provisions requiring:
(a) That at least 15 percent of the subcontracts for the project will be awarded to local small businesses; and
(b) The prime contractor to comply with the requirements of NRS 338.01165 for the use of apprentices.
5. As used in this section, "state agency" means an agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department of the State Government. The term includes the Nevada System of Higher Education.
(Added to NRS by 2023, 3378)
2023 Nevada Revised Statutes › Chapter 353 - State Financial Administration › NRS 353.660 - State Controller: Entry into reciprocal agreement with Federal Government for collection and offset of indebtedness.

The State Controller or his or her designee may enter into a reciprocal agreement with the Federal Government for the collection and offset of indebtedness, pursuant to which the State will offset from state tax refunds and from payments otherwise due to vendors and contractors providing goods or services to the departments, agencies or institutions of this State, non tax related debt owed to the Federal Government, and the Federal Government will offset from federal payments to vendors and taxpayers debt owed to the State of Nevada.
(Added to NRS by 2011, 911)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.010 - Definitions.

As used in this chapter, unless the context otherwise requires:
1. "Agency" means every agency, department, division, board, commission or similar body, or elected officer, of the Executive Branch of the State.
2. "Committee" means the Executive Branch Audit Committee created pursuant to NRS 353A.038.
3. "Director" means the Director of the Office of Finance.
4. "Internal accounting and administrative control" means a method through which agencies can safeguard assets, check the accuracy and reliability of their accounting information, promote efficient operations and encourage adherence to prescribed managerial policies.
(Added to NRS by 1987, 2054; A 1991, 993; 1993, 396; 1995, 645; 1999, 1821, 2889, 3065)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.020 - Adoption; elements; modification; development of procedures.

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;
(c) Procedures for authorizations and recordkeeping which 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 the Director 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 created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 654 and 656 of NRS.
(b) The Nevada System of Higher Education.
(c) The Public Employees’ Retirement System.
(d) The Housing Division of the Department of Business and Industry.
(e) The Colorado River Commission of Nevada.
(Added to NRS by 1987, 2055; A 1999, 2889; 2001, 207, 208, 943, 2444, 2445; 2003, 908, 2076; 2005, 1138; 2021, 1613; 2023, 1700)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.025 - Periodic review; biennial report of compliance by agency; biennial report of status of accounting and controls in agencies by Director.

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 created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 654 and 656 of NRS.
(b) The Nevada System of Higher Education.
(c) The Public Employees’ Retirement System.
(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
(c) Legislative Auditor.
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
(c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.
(Added to NRS by 1995, 388; A 1999, 882, 2890, 2892; 2001, 207, 209, 943, 2444, 2445; 2003, 909, 2077; 2005, 1138; 2021, 1613; 2023, 1700)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.031 - Definitions.

As used in NRS 353A.031 to 353A.100, inclusive, unless the context otherwise requires, the words and terms defined in NRS 353A.034 and 353A.036 have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 2887; A 2001, 944)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.038 - Executive Branch Audit Committee: Creation; membership; compensation of members; duties.

1. The Executive Branch Audit Committee is hereby created.
2. The Committee must consist of one member who is a representative of the general public appointed by the Governor, who has at least 5 years of progressively responsible experience in the field of auditing and who does not engage in business with any agency, and the following ex officio members:
(a) The Governor, who shall serve as Chair of the Committee;
(b) The Lieutenant Governor;
(c) The Secretary of State;
(d) The State Treasurer;
(e) The State Controller; and
(f) The Attorney General.
3. The member of the Committee who is a representative of the general public is entitled to receive a salary of $80 per day while engaged in the business of the Committee.
4. While engaged in the business of the Committee, each member of the Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
5. The Committee shall:
(a) Adopt policies and procedures for the operation of the Division;
(b) Approve, with or without revision, each annual plan for auditing agencies presented by the Administrator pursuant to NRS 353A.045, and any revisions to such a plan, before the plan is implemented; and
(c) Approve, with or without revision, each annual report submitted by the Administrator pursuant to NRS 353A.065.
(Added to NRS by 1999, 2887)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.041 - Qualifications of Administrator; staff.

1. The Administrator must:
(a) Be a certified public accountant certified by this state or a public accountant qualified pursuant to chapter 628 of NRS to practice public accounting in this state;
(b) Be a certified internal auditor or government auditing professional; or
(c) Have a master’s degree in business administration, accounting, finance or a closely related field.
2. The Administrator must have at least 6 years of progressively responsible experience in professional auditing and performing internal audits or postaudits. The experience must include, without limitation, the performance of audits of governmental entities or of private business organizations, whether or not organized for profit.
3. The Administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his or her duties.
(Added to NRS by 1999, 2887; A 2017, 1403)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.045 - Duties of Administrator.

The Administrator shall:
1. Report to the Director.
2. Develop long-term and annual work plans to be based on the results of periodic documented risk assessments. The annual work plan must list the agencies to which the Division will provide training and assistance and be submitted to the Director for approval. Such agencies must not include:
(a) A board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 654 and 656 of NRS.
(b) The Nevada System of Higher Education.
(c) The Public Employees’ Retirement System.
(d) The Housing Division of the Department of Business and Industry.
(e) The Colorado River Commission of Nevada.
3. Provide a copy of the approved annual work plan to the Legislative Auditor.
4. In consultation with the Director, prepare a plan for auditing executive branch agencies for each fiscal year and present the plan to the Committee for its review and approval. Each plan for auditing must:
(a) State the agencies which will be audited, the proposed scope and assignment of those audits and the related resources which will be used for those audits; and
(b) Ensure that the internal accounting, administrative controls and financial management of each agency are reviewed periodically.
5. Perform the audits of the programs and activities of the agencies in accordance with the plan approved pursuant to subsection 5 of NRS 353A.038 and prepare audit reports of his or her findings.
6. Review each agency that is audited pursuant to subsection 5 and advise those agencies concerning internal accounting, administrative controls and financial management.
7. Submit to each agency that is audited pursuant to subsection 5 analyses, appraisals and recommendations concerning:
(a) The adequacy of the internal accounting and administrative controls of the agency; and
(b) The efficiency and effectiveness of the management of the agency.
8. Report any possible abuses, illegal actions, errors, omissions and conflicts of interest of which the Division becomes aware during the performance of an audit.
9. Adopt the standards of The Institute of Internal Auditors for conducting and reporting on internal audits.
10. Consult with the Legislative Auditor concerning the plan for auditing and the scope of audits to avoid duplication of effort and undue disruption of the functions of agencies that are audited pursuant to subsection 5.
(Added to NRS by 1995, 397; A 1997, 505; 1999, 2890; 2001, 944; 2003, 626, 909, 2077; 2005, 1139; 2017, 1544; 2021, 1614; 2023, 1701)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.055 - Training and assistance provided to agencies; regulations; prohibited acts.

1. The Division shall:
(a) Determine the adequacy of the system of internal accounting, administrative control and financial management of each agency to which the Division provides training and assistance.
(b) Adopt regulations, approved by the Committee, requiring the provision of training to any employee of an agency who is responsible for administering budgetary accounts. The training must address:
(1) The laws and regulations of this state and the Federal Government applicable to the operations of the agency.
(2) Internal accounting, administrative controls and financial management.
(3) Techniques to address the adequacy of controls of the agency.
(c) Develop and administer a procedure to evaluate the effectiveness of any training provided to an agency.
(d) Provide technical assistance to agencies in developing and carrying out their systems of internal accounting, administrative controls and financial management.
(e) Prepare separate reports for each agency which summarize the results of the training and assistance provided to the agency.
2. The Division shall not:
(a) Provide any services to an agency that is under the direct control or administration of a constitutional officer unless the constitutional officer requests such services.
(b) Conduct investigations, but shall refer such matters to the appropriate agency.
(Added to NRS by 1995, 397; A 1997, 505; 1999, 2891)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.065 - Annual report.

1. Within 90 days after the end of each fiscal year, the Administrator shall submit an annual report to the Committee for its approval which:
(a) Lists the agencies to which the Division provided training and assistance;
(b) Separately lists any other activities undertaken by the Division that are related to the provision of training and assistance and the status of those activities;
(c) Contains a list of the final reports that have been submitted pursuant to NRS 353A.085;
(d) Contains a separate list of any other activities undertaken by the Division that are related to the final reports submitted pursuant to NRS 353A.085 and the status of those activities; and
(e) Describes the accomplishments of the Division.
2. The Administrator shall provide a copy of the annual report to the:
(a) Committee;
(b) Director;
(c) Interim Finance Committee; and
(d) Legislative Auditor.
(Added to NRS by 1995, 398; A 1997, 505; 1999, 2892)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.075 - Agency to make records available to Division; limitation.

1. Except as otherwise provided in subsection 2, upon the request of the Administrator or the Administrator’s authorized representative, all officers and employees of each executive branch agency shall make available to the Division all books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, in the possession or control of the agency.
2. This section does not authorize the Administrator or the Administrator’s authorized representative to have access to any books, accounts, claims, reports, vouchers or other records or information of any business or activity which NRS 665.130 and 668.085 require to be kept confidential.
(Added to NRS by 1999, 2888)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.085 - Preliminary findings and recommendations of audit; written statement of acceptance, explanation or rebuttal from agency; final report; confidentiality.

1. After each audit is completed, the Administrator or the Administrator’s designated representative shall submit a copy of the preliminary findings and recommendations of the audit to the head of the audited agency. Within 10 working days after receipt of the preliminary findings and recommendations, the head of the agency shall submit to the Administrator a written statement of acceptance, explanation or rebuttal concerning the findings. The Administrator shall include the statement of the head of the agency in the final report.
2. The Administrator shall submit a final report to the Committee and the head of the audited agency.
3. Except as otherwise provided in NRS 353A.031 to 353A.100, inclusive, the Administrator shall not disclose the content of any audit before the final report is submitted to the Committee pursuant to subsection 2 except in the case of alleged illegal acts which must be reported immediately upon discovery.
(Added to NRS by 1999, 2888)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.090 - Corrective actions.

Within 6 months after the date that the final report is submitted pursuant to NRS 353A.085, if corrective action is recommended for an agency, the Administrator shall determine whether appropriate corrective actions are being taken and whether those actions are achieving the desired result. The Administrator shall inform the Committee and the head of the audited agency of the effect of any corrective actions taken.
(Added to NRS by 1999, 2888)
2023 Nevada Revised Statutes › Chapter 353A - Internal Accounting and Administrative Control › NRS 353A.100 - Administrator to maintain file of copies of reports; confidentiality.

1. The Administrator shall keep or cause to be kept a complete file of copies of all reports of audits, examinations, investigations and all other reports or releases issued by the Administrator.
2. All working papers from an audit are confidential and may be destroyed by the Administrator 5 years after the report is issued, except that the Administrator:
(a) Shall release such working papers when subpoenaed by a court of competent jurisdiction or when required to do so pursuant to NRS 239.0115;
(b) Shall make such working papers available to the Legislative Auditor upon his or her request; and
(c) May make such working papers available for inspection by an authorized representative of any other governmental entity for a matter officially before him or her.
(Added to NRS by 1999, 2889; A 2007, 2090)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.001 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 353B.002, 353B.003 and 353B.004 have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 2159; A 2019, 3904)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.003 - "Marketing" defined.

"Marketing" means activities relating to marketing and promotion, including, without limitation, market research, public relations, branding and creative services, design and purchase of advertising, design and printing or production of collateral and promotional items, event sponsorships, incentives payable to a student’s scholarship or savings trust account and website design and development. The term includes all such activities performed for the purposes of this chapter, whether performed by state employees or other persons.
(Added to NRS by 2019, 3904)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.005 - Board of Trustees of the College Savings Plans of Nevada: Creation; membership; terms; Chair; allowances and expenses.

1. There is hereby created a Board of Trustees of the College Savings Plans of Nevada.
2. The Board consists of five members composed of:
(a) The State Treasurer, who may name a designee to serve on the Board on his or her behalf.
(b) The Director of the Office of Finance, who may name a designee to serve on the Board on his or her behalf.
(c) The Chancellor of the System, who may name a designee to serve on the Board on his or her behalf.
(d) Two members appointed by the Governor. A member who is appointed by the Governor must possess knowledge, skill and experience in the field of:
(1) Accounting;
(2) Finance;
(3) Investment management; or
(4) Marketing.
3. A member of the Board who is appointed by the Governor pursuant to paragraph (d) of subsection 2:
(a) Serves for a term of 4 years or until his or her successor is appointed;
(b) Except as otherwise provided in paragraph (c), may be reappointed by the Governor; and
(c) Except as otherwise provided in this paragraph, may serve for only two terms. A member who is appointed to fill a vacancy in an unexpired term that is not longer than 3 years may serve two terms in addition to the unexpired term.
4. The members of the Board shall elect a Chair of the Board from among their number.
5. Each member of the Board serves without compensation, except that each member is entitled to receive:
(a) The per diem allowance and travel expenses provided for state officers and employees generally; and
(b) Reimbursement for any other actual and reasonable expense incurred while performing his or her duties.
6. As used in this section, the term "College Savings Plans of Nevada" includes the Nevada Higher Education Prepaid Tuition Program set forth in NRS 353B.010 to 353B.190, inclusive, and the Nevada College Savings Program set forth in NRS 353B.300 to 353B.370, inclusive, including the Nevada College Kick Start Program.
(Added to NRS by 2001, 2159; A 2017, 4145; 2019, 3904)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.007 - Insurance coverage to protect prepaid tuition contracts and savings trust accounts.

The Board may endorse insurance coverage written exclusively to protect prepaid tuition contracts, and purchasers and beneficiaries of prepaid tuition contracts pursuant to NRS 353B.010 to 353B.190, inclusive, and the regulations adopted pursuant thereto, and savings trust accounts and account owners, and beneficiaries of savings trust accounts pursuant to NRS 353B.300 to 353B.370, inclusive, and the regulations adopted pursuant thereto, which may be issued in the form of a group life policy. The provisions of title 57 of NRS are not applicable to the Board in carrying out the provisions of this section.
(Added to NRS by 2001, 2160)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.008 - Prepaid tuition program or college savings program must not prohibit participation based solely on immigration or citizenship status.

A prepaid tuition program or college savings program established pursuant to this chapter must not prohibit a person or his or her family from participating in such a program based solely on the immigration or citizenship status of the person or his or her family.
(Added to NRS by 2021, 3697)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.009 - Money on deposit in prepaid tuition contract or savings trust account not considered asset of parent, guardian or student for purposes of determining certain eligibility.

Notwithstanding the provisions of any specific statute to the contrary, no money on deposit in a prepaid tuition contract pursuant to NRS 353B.010 to 353B.190, inclusive, or a savings trust account pursuant to NRS 353B.300 to 353B.370, inclusive, may be considered an asset of a parent, guardian or student for the purpose of determining the eligibility of a person for a grant, scholarship or work opportunity that is based on need and offered or administered by a state agency, except as otherwise required by the source of the funding of the grant, scholarship or work opportunity.
(Added to NRS by 2001, 2160)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.010 - Definitions.

As used in NRS 353B.010 to 353B.190, inclusive, unless the context otherwise requires, the words and terms defined in NRS 353B.030 to 353B.070, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 3483; A 2001, 2162, 2166; 2017, 4146; 2021, 560)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.075 - Limitations on construction of provisions.

The provisions of NRS 353B.010 to 353B.190, inclusive, must not be construed as a promise or guarantee that a qualified beneficiary:
1. Will be admitted to, allowed to continue enrollment at or graduated from a community college or university; or
2. Will have the full cost of his or her tuition paid at a community college, college or university that is not a member of the Nevada System of Higher Education.
(Added to NRS by 1997, 3489; A 2001, 2165, 2166)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.090 - Development of Program by Board; amount of tuition under prepaid tuition contract; regulations.

1. The Board shall develop the Nevada Higher Education Prepaid Tuition Program for the prepayment of tuition for a qualified beneficiary for:
(a) Undergraduate studies at:
(1) A university, state college or community college that is a member of the System;
(2) An accredited college or university in this State that is not a member of the System; or
(3) An accredited community college, college or university in another state.
(b) If any money paid into the Trust Fund under a prepaid tuition contract is remaining after a qualified beneficiary has graduated with an undergraduate degree, for graduate-level studies at:
(1) A university, state college or community college that is a member of the System;
(2) An accredited college or university in this State that is not a member of the System; or
(3) An accredited community college, college or university in another state.
2. The amount of the tuition under a prepaid tuition contract must be at a guaranteed rate which is established based on the annual actuarial study required pursuant to NRS 353B.190 for undergraduate studies at a university, state college or community college that is a member of the System.
3. The Board shall adopt regulations for the implementation of the Program, including, without limitation, regulations setting forth requirements for:
(a) Residency;
(b) A limit on the number of qualified beneficiaries;
(c) The termination, withdrawal and transfer of money paid into the Trust Fund;
(d) A payment received by the Trust Fund as a matching contribution made as described in NRS 363A.137 or 363B.117 to be credited to the qualified beneficiary on whose behalf the matching contribution was made;
(e) The time within which the money paid into the Trust Fund must be used;
(f) Payment schedules; and
(g) A master agreement for the Program.
(Added to NRS by 1997, 3484; A 2001, 2163, 2166; 2005, 364; 2015, 2449; 2017, 4146)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.095 - Delegation by Board of administrative powers and duties to State Treasurer.

The Board may delegate to the State Treasurer any of its administrative powers and duties specified in NRS 353B.010 to 353B.190, inclusive, if the Board determines that such delegation is necessary for the efficient and effective administration of the Nevada Higher Education Prepaid Tuition Program and the Trust Fund.
(Added to NRS by 2017, 4144)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.100 - Prepaid tuition contracts: Authority of Board to enter; required provisions.

1. The Board may enter into a prepaid tuition contract with a purchaser.
2. The Board shall create a prepaid tuition contract in accordance with the provisions of this section.
3. The prepaid tuition contract must include, without limitation:
(a) The terms and conditions under which the purchaser shall remit payment, including, without limitation:
(1) The amount and number of payments that are required from the purchaser on behalf of the qualified beneficiary;
(2) The date upon which each payment is due; and
(3) A provision for a reasonable penalty for a delinquent payment or default.
(b) The name and date of birth of the qualified beneficiary on whose behalf the prepaid tuition contract is drawn.
(c) The terms and conditions under which another person may be substituted as the qualified beneficiary.
(d) The terms and conditions under which the purchaser, or another person designated by the purchaser, may terminate the prepaid tuition contract, receive a refund of money that he or she has paid into the Trust Fund or withdraw money that he or she has paid into the Trust Fund, including, without limitation, a provision allowing the Board to impose a fee that amounts to more than a de minimis penalty.
(e) A provision that the Board shall, after making a reasonable effort to contact the purchaser, report any money that has been deposited under a prepaid tuition contract that has not been terminated and has not been used within a specified period to the State Treasurer for proper disposition.
(f) The number of semesters for which the purchaser is contracting.
(g) A provision that money paid into the Trust Fund under a prepaid tuition contract may be applied toward tuition for an undergraduate degree at:
(1) A university, state college or community college that is a member of the System;
(2) An accredited college or university in this State that is not a member of the System; or
(3) An accredited community college, college or university in another state.
Payments authorized pursuant to subparagraph (2) or (3) must not exceed the projected highest payment for tuition for the current academic year at a university that is a member of the System.
(h) A provision that any money under a prepaid tuition contract that is remaining after a qualified beneficiary has graduated with an undergraduate degree may be applied toward tuition for graduate-level studies at:
(1) A university, state college or community college that is a member of the System;
(2) An accredited college or university in this State that is not a member of the System; or
(3) An accredited community college, college or university in another state.
Payments authorized pursuant to this paragraph may not exceed the total amount payable under the prepaid tuition contract of the qualified beneficiary.
(i) Any other term or condition that the Board considers necessary or proper.
(Added to NRS by 1997, 3484; A 2001, 2166; 2005, 364; 2017, 4146)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.105 - Agreement to payroll deductions for prepaid tuition contract authorized.

The State of Nevada, an agency, county, municipality or other political subdivision of the State, or any other public or private employer may enter into an agreement to remit payments toward a prepaid tuition contract on behalf of an employee through payroll deductions.
(Added to NRS by 1997, 3489; A 2001, 2166)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.110 - General duties and powers of Board.

The Board:
1. May modify the regulations for the implementation of the Program adopted pursuant to subsection 3 of NRS 353B.090.
2. May establish agreements to fulfill its obligations under the prepaid tuition contracts.
3. May contract for any necessary good or service, including, without limitation, the power to engage financial consultants, actuaries or legal counsel.
4. May procure insurance against any loss in connection with the property, assets or activities of the Trust Fund, the State Treasurer or the Board.
5. May solicit and accept a gift, including, without limitation, a bequeathment or other testamentary gift, grant, loan or aid from any source.
6. Shall solicit answers to requests for rulings from the Internal Revenue Service regarding the tax status of fees paid to or on behalf of a purchaser or a qualified beneficiary pursuant to a prepaid tuition contract.
(Added to NRS by 1997, 3486; A 2001, 2166; 2003, 155; 2017, 4147)
2023 Nevada Revised Statutes › Chapter 353B - College Savings Programs › NRS 353B.130 - Limitation on effect of action by Board.

An act or undertaking of the Board does not constitute a debt of the State of Nevada, or any political subdivision thereof, or a pledge of the full faith and credit of the State of Nevada, or of any political subdivision thereof, and is payable solely from the Trust Fund.
(Added to NRS by 1997, 3489; A 2001, 2166)