S.B. 208 - *SB208* SENATE BILL NO. 208–SENATORS STEINBECK AND STONE FEBRUARY 18, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing certain surcharges imposed by a county. (BDR 20-677) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: No. CONTAINS UNFUNDED MANDATE (§§ 2, 4) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 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; eliminating the authorization for a county to impose a surcharge for purposes of purchasing or maintaining certain recording devices; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing federal law, the Federal Communications Commission is 1 required to regulate the use of money collected from surcharges imposed for 2 emergency 911 service to prevent diversion of those fees or charges. (47 U.S.C. § 3 615a-1) Existing federal regulations limit the use of revenue from such fees or 4 charges imposed by authorized taxing jurisdictions to: (1) the support and 5 implementation of emergency 911 service; and (2) the operational expenses of a 6 call center that receives and manages emergency calls, commonly known as a 7 public safety answering point. Existing federal regulations provide certain 8 examples of acceptable uses of such revenue which include, without limitation, the 9 purchase, maintenance or upgrade of buildings or facilities that contain public 10 safety answering points. (47 C.F.R § 9.23) 11 Existing law authorizes a board of county commissioners to impose a surcharge 12 for the enhancement of the telephone system for reporting an emergency or for the 13 purchase and maintenance of portable event recording devices and vehicular event 14 recording devices if the board adopts and reviews, at least annually, a 5-year master 15 plan for the enhancement of the telephone system or the purchase and maintenance 16 of such recording devices. (NRS 244A.7643) If a county imposes such a surcharge, 17 existing law requires that the revenue collected from the surcharge be deposited in a 18 special revenue fund and used only for specified purposes. Existing law prescribes 19 – 2 – - *SB208* an order of priority for spending the money in the fund for the specified purposes. 20 (NRS 244A.7645) Section 3 of this bill: (1) authorizes the revenue collected from 21 the surcharge to also be used for paying any costs associated with the construction 22 or upgrade of a facility that contains a telephone system for reporting an 23 emergency; and (2) prescribes the order of priority for spending the revenue 24 collected from the surcharge for that additional purpose. 25 Under existing law, if the uncommitted balance of such a special revenue fund 26 exceeds a specified monetary threshold at the end of any fiscal year, the board of 27 county commissioners is required to reduce the amount of the surcharge imposed 28 during the next fiscal year by the amount necessary to ensure that the 29 unencumbered balance in the fund at the end of the next fiscal year does not exceed 30 the specified threshold. (NRS 244A.7645) Section 3 increases to $15,000,000 this 31 monetary threshold for such a special revenue fund of a county whose population is 32 700,000 or more (currently Clark County). 33 Section 2 of this bill eliminates the authorization for a county to impose a 34 surcharge for purposes of purchasing and maintaining portable event recording 35 devices and vehicular event recording devices effective October 1, 2029. As a 36 result of the elimination of this authority, sections 1, 4 and 5 of this bill remove 37 references to these recording devices effective October 1, 2029. Section 6 of this 38 bill requires a county that has an ordinance imposing a surcharge for purposes of 39 purchasing and maintaining those recording devices in effect during the period 40 between October 1, 2025, and September 30, 2029, to submit an annual report 41 during that period to the Director of the Legislative Counsel Bureau for 42 transmission to the Legislative Commission describing its activities related to the 43 identification of an alternate source of funding for purchasing and maintaining 44 those recording devices after October 1, 2029. 45 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 244A.7641 is hereby amended to read as 1 follows: 2 244A.7641 As used in NRS 244A.7641 to 244A.7648, 3 inclusive, unless the context otherwise requires: 4 1. “Mobile telephone service” means cellular or other service 5 to a telephone installed in a vehicle or which is otherwise portable. 6 2. “Place of primary use” has the meaning ascribed to it in 4 7 U.S.C. § 124(8), as that section existed on August 1, 2002. 8 3. [“Portable event recording device” has the meaning ascribed 9 to it in NRS 289.830. 10 4.] “Supplier” means a person authorized by the Federal 11 Communications Commission to provide mobile telephone service. 12 [5.] 4. “Telephone system” means a system for transmitting 13 information between or among points specified by the user that does 14 not change the form or content of the information regardless of the 15 technology, facilities or equipment used. A telephone system may 16 include, without limitation: 17 (a) Wireless or Internet technology, facilities or equipment; and 18 – 3 – - *SB208* (b) Technology, facilities or equipment used for transmitting 1 information from an emergency responder to the user or from the 2 user to an emergency responder. 3 [6. “Vehicular event recording device” means a device which 4 is affixed to a marked vehicle of a law enforcement agency, as 5 defined in NRS 289.830, and which records both audio and visual 6 events.] 7 Sec. 2. NRS 244A.7643 is hereby amended to read as follows: 8 244A.7643 1. Except as otherwise provided in this section, 9 the board of county commissioners of a county may by ordinance, 10 for the enhancement of the telephone system for reporting an 11 emergency in the county , [and for the purpose of purchasing and 12 maintaining portable event recording devices and vehicular event 13 recording devices,] impose a surcharge on: 14 (a) Each access line or trunk line of each customer to the local 15 exchange of any telecommunications provider providing those lines 16 in the county; and 17 (b) The mobile telephone service provided to each customer of 18 that service whose place of primary use is in the county. 19 2. A board of county commissioners may not impose a 20 surcharge pursuant to this section unless the board first adopts a 5-21 year master plan for the enhancement of the telephone system for 22 reporting emergencies in the county . [or for the purpose of 23 purchasing and maintaining portable event recording devices and 24 vehicular event recording devices, as applicable.] The master plan 25 must include an estimate of the cost of the enhancement of the 26 telephone system [or of the cost of purchasing and maintaining 27 portable event recording devices and vehicular event recording 28 devices, as applicable,] and all proposed sources of money for 29 funding [those costs.] the cost. For the duration of the imposition of 30 the surcharge, the board shall, at least annually, review and, if 31 necessary, update the master plan. 32 3. The surcharge imposed by a board of county commissioners 33 pursuant to this section: 34 (a) For each access line to the local exchange of a 35 telecommunications provider, must not exceed $1 each month; 36 (b) For each trunk line to the local exchange of a 37 telecommunications provider, must equal 10 times the amount of the 38 surcharge imposed for each access line to the local exchange of a 39 telecommunications provider pursuant to paragraph (a); and 40 (c) For each telephone number assigned to a customer by a 41 supplier of mobile telephone service, must equal the amount of the 42 surcharge imposed for each access line to the local exchange of a 43 telecommunications provider pursuant to paragraph (a). 44 – 4 – - *SB208* 4. A telecommunications provider which provides access lines 1 or trunk lines in a county which imposes a surcharge pursuant to this 2 section or a supplier which provides mobile telephone service to a 3 customer in such a county shall collect the surcharge from its 4 customers each month. Except as otherwise provided in NRS 5 244A.7647, the telecommunications provider or supplier shall remit 6 the surcharge it collects to the treasurer of the county in which the 7 surcharge is imposed not later than the 15th day of the month after 8 the month it receives payment of the surcharge from its customers. 9 5. An ordinance adopted pursuant to this section may include a 10 schedule of penalties for the delinquent payment of amounts due 11 from telecommunications providers or suppliers pursuant to this 12 section. Such a schedule: 13 (a) Must provide for a grace period of not less than 90 days after 14 the date on which the telecommunications provider or supplier must 15 otherwise remit the surcharge to the county treasurer; and 16 (b) Must not provide for a penalty that exceeds 5 percent of the 17 cumulative amount of surcharges owed by a telecommunications 18 provider or a supplier. 19 6. As used in this section, “trunk line” means a line which 20 provides a channel between a switchboard owned by a customer of a 21 telecommunications provider and the local exchange of the 22 telecommunications provider. 23 Sec. 3. NRS 244A.7645 is hereby amended to read as follows: 24 244A.7645 1. If a surcharge is imposed pursuant to NRS 25 244A.7643 in a county whose population is 100,000 or more, the 26 board of county commissioners of that county shall establish by 27 ordinance an advisory committee to develop a plan to enhance the 28 telephone system for reporting an emergency in that county and to 29 oversee any money allocated for that purpose. The advisory 30 committee must: 31 (a) Consist of not less than five members who: 32 (1) Are residents of the county; 33 (2) Possess knowledge concerning telephone systems for 34 reporting emergencies; and 35 (3) Are not elected public officers. 36 (b) Subject to the provisions of subparagraph (3) of paragraph 37 (a), include the chief law enforcement officer or his or her designee 38 from each office of the county sheriff, metropolitan police 39 department, police department of an incorporated city within the 40 county and department, division or municipal court of a city or town 41 that employs marshals within the county, as applicable. 42 2. If a surcharge is imposed pursuant to NRS 244A.7643 in a 43 county whose population is less than 100,000, the board of county 44 commissioners of that county shall establish by ordinance an 45 – 5 – - *SB208* advisory committee to develop a plan to enhance or improve the 1 telephone system for reporting an emergency in that county and to 2 oversee any money allocated for that purpose. The advisory 3 committee must: 4 (a) Consist of not less than five members who: 5 (1) Are residents of the county; 6 (2) Possess knowledge concerning telephone systems for 7 reporting emergencies; and 8 (3) Are not elected public officers. 9 (b) Include a representative of an incumbent local exchange 10 carrier which provides service to persons in that county. As used in 11 this paragraph, “incumbent local exchange carrier” has the meaning 12 ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on 13 October 1, 1999, and includes a local exchange carrier that is treated 14 as an incumbent local exchange carrier pursuant to that section. 15 (c) Subject to the provisions of subparagraph (3) of paragraph 16 (a), include the chief law enforcement officer or his or her designee 17 from each office of the county sheriff, metropolitan police 18 department, police department of an incorporated city within the 19 county and department, division or municipal court of a city or town 20 that employs marshals within the county, as applicable. 21 3. If a surcharge is imposed in a county pursuant to NRS 22 244A.7643, the board of county commissioners of that county shall 23 create a special revenue fund of the county for the deposit of the 24 money collected pursuant to NRS 244A.7643. The money in the 25 fund must be used only: 26 (a) To pay the costs of adopting and reviewing the 5-year master 27 plan for the enhancement of the telephone system for reporting 28 emergencies in the county that is required pursuant to 29 NRS 244A.7643. 30 (b) With respect to the telephone system for reporting an 31 emergency: 32 (1) In a county whose population is 52,000 or more, to 33 enhance the telephone system for reporting an emergency, including 34 only: 35 (I) Paying recurring and nonrecurring charges for 36 telecommunication services necessary for the operation of the 37 enhanced telephone system; 38 (II) Paying costs for personnel and training associated 39 with the routine maintenance and updating of the database for the 40 system; 41 (III) Purchasing, leasing or renting the equipment and 42 software necessary to operate the enhanced telephone system, 43 including, without limitation, equipment and software that identify 44 the number or location from which a call is made; and 45 – 6 – - *SB208* (IV) Paying costs associated with any maintenance, 1 upgrade and replacement of equipment and software necessary for 2 the operation of the enhanced telephone system. 3 (2) In a county whose population is less than 52,000, to 4 improve the telephone system for reporting an emergency in the 5 county. 6 (c) To pay any costs associated with the construction or 7 upgrade of a facility that contains a telephone system for reporting 8 an emergency. 9 (d) With respect to purchasing and maintaining portable event 10 recording devices and vehicular event recording devices, to pay: 11 (1) By an entity described in this subparagraph, costs 12 associated with the acquisition, maintenance, storage of data, 13 upgrade and replacement of equipment and software necessary for 14 the operation of portable event recording devices and vehicular 15 event recording devices or systems that consist of both portable 16 event recording devices and vehicular event recording devices. 17 Money may be expended pursuant to this subparagraph for the 18 purchase and maintenance of portable event recording devices or 19 vehicular event recording devices only by: 20 (I) The sheriff’s office of a county; 21 (II) A metropolitan police department; 22 (III) A police department of an incorporated city; 23 (IV) A department, division or municipal court of a city 24 or town that employs marshals; 25 (V) A department of alternative sentencing; or 26 (VI) A county school district that employs school police 27 officers. 28 (2) Costs for personnel and training associated with 29 maintaining, updating and operating the equipment, hardware and 30 software necessary for portable event recording devices and 31 vehicular event recording devices or systems that consist of both 32 portable event recording devices and vehicular event recording 33 devices. 34 (3) Costs for personnel and training associated with the 35 maintenance, retention and redaction of audio and video events 36 recorded on portable event recording devices and vehicular event 37 recording devices or systems that consist of both portable event 38 recording devices and vehicular event recording devices. 39 [(d)] (e) To pay any costs associated with performing an 40 analysis or audit pursuant to NRS 244A.7648 of the surcharges 41 collected by telecommunications providers. 42 4. For the purposes described in subsection 3, money in the 43 fund must be expended in the following order of priority: 44 – 7 – - *SB208* (a) Paying the costs authorized pursuant to paragraph (a) of 1 subsection 3 to adopt and review the 5-year master plan. 2 (b) If the county performs an analysis or audit described in NRS 3 244A.7648, paying the costs authorized pursuant to paragraph [(d)] 4 (e) of subsection 3. 5 (c) Paying the costs authorized pursuant to paragraph (b) of 6 subsection 3. 7 (d) Paying the costs authorized pursuant to paragraph (c) of 8 subsection 3. 9 (e) If the county has imposed a portion of the surcharge for 10 purposes of purchasing and maintaining portable event recording 11 devices and vehicular event recording devices: 12 (1) Paying the costs authorized pursuant to paragraph [(c)] 13 (d) of subsection 3 other than costs related to personnel and training. 14 (2) Paying the costs authorized pursuant to paragraph [(c)] 15 (d) of subsection 3 related to personnel. 16 (3) Paying the costs authorized pursuant to paragraph [(c)] 17 (d) of subsection 3 related to training. 18 5. If money in the fund is distributed to a recipient and: 19 (a) The recipient has not used the money for any purpose 20 authorized pursuant to subsection 3 within 6 months, the recipient 21 must: 22 (1) Notify the board of county commissioners and the 23 advisory committee; and 24 (2) Return the unused money. 25 (b) The recipient used any portion of the money for a purpose 26 that is not authorized pursuant to subsection 3, the recipient must: 27 (1) Notify the board of county commissioners and the 28 advisory committee; and 29 (2) Repay the portion of the money that was used for a 30 purpose not authorized pursuant to subsection 3. 31 (c) The recipient was not entitled to receive all or a portion of 32 the money, the recipient must: 33 (1) Notify the board of county commissioners and the 34 advisory committee; and 35 (2) Repay all money to which the recipient was not entitled 36 to receive. 37 6. If the balance in the fund created in a county whose 38 population is 700,000 or more pursuant to subsection 3 which has 39 not been committed for expenditure exceeds $15,000,000 at the 40 end of any fiscal year, the board of county commissioners shall 41 reduce the amount of the surcharge imposed during the next fiscal 42 year by the amount necessary to ensure that the unencumbered 43 balance in the fund at the end of the next fiscal year does not 44 exceed $15,000,000. 45 – 8 – - *SB208* 7. If the balance in the fund created in a county whose 1 population is 100,000 or more but less than 700,000 pursuant to 2 subsection 3 which has not been committed for expenditure exceeds 3 $5,000,000 at the end of any fiscal year, the board of county 4 commissioners shall reduce the amount of the surcharge imposed 5 during the next fiscal year by the amount necessary to ensure that 6 the unencumbered balance in the fund at the end of the next fiscal 7 year does not exceed $5,000,000. 8 [7.] 8. If the balance in the fund created in a county whose 9 population is 52,000 or more but less than 100,000 pursuant to 10 subsection 3 which has not been committed for expenditure exceeds 11 $1,000,000 at the end of any fiscal year, the board of county 12 commissioners shall reduce the amount of the surcharge imposed 13 during the next fiscal year by the amount necessary to ensure that 14 the unencumbered balance in the fund at the end of the next fiscal 15 year does not exceed $1,000,000. 16 [8.] 9. If the balance in the fund created in a county whose 17 population is less than 52,000 pursuant to subsection 3 which has 18 not been committed for expenditure exceeds $500,000 at the end of 19 any fiscal year, the board of county commissioners shall reduce the 20 amount of the surcharge imposed during the next fiscal year by the 21 amount necessary to ensure that the unencumbered balance in 22 the fund at the end of the next fiscal year does not exceed $500,000. 23 Sec. 4. NRS 244A.7645 is hereby amended to read as follows: 24 244A.7645 1. If a surcharge is imposed pursuant to NRS 25 244A.7643 in a county whose population is 100,000 or more, the 26 board of county commissioners of that county shall establish by 27 ordinance an advisory committee to develop a plan to enhance the 28 telephone system for reporting an emergency in that county and to 29 oversee any money allocated for that purpose. The advisory 30 committee must: 31 (a) Consist of not less than five members who: 32 (1) Are residents of the county; 33 (2) Possess knowledge concerning telephone systems for 34 reporting emergencies; and 35 (3) Are not elected public officers. 36 (b) Subject to the provisions of subparagraph (3) of paragraph 37 (a), include the chief law enforcement officer or his or her designee 38 from each office of the county sheriff, metropolitan police 39 department, police department of an incorporated city within the 40 county and department, division or municipal court of a city or town 41 that employs marshals within the county, as applicable. 42 2. If a surcharge is imposed pursuant to NRS 244A.7643 in a 43 county whose population is less than 100,000, the board of county 44 commissioners of that county shall establish by ordinance an 45 – 9 – - *SB208* advisory committee to develop a plan to enhance or improve the 1 telephone system for reporting an emergency in that county and to 2 oversee any money allocated for that purpose. The advisory 3 committee must: 4 (a) Consist of not less than five members who: 5 (1) Are residents of the county; 6 (2) Possess knowledge concerning telephone systems for 7 reporting emergencies; and 8 (3) Are not elected public officers. 9 (b) Include a representative of an incumbent local exchange 10 carrier which provides service to persons in that county. As used in 11 this paragraph, “incumbent local exchange carrier” has the meaning 12 ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on 13 October 1, 1999, and includes a local exchange carrier that is treated 14 as an incumbent local exchange carrier pursuant to that section. 15 (c) Subject to the provisions of subparagraph (3) of paragraph 16 (a), include the chief law enforcement officer or his or her designee 17 from each office of the county sheriff, metropolitan police 18 department, police department of an incorporated city within the 19 county and department, division or municipal court of a city or town 20 that employs marshals within the county, as applicable. 21 3. If a surcharge is imposed in a county pursuant to NRS 22 244A.7643, the board of county commissioners of that county shall 23 create a special revenue fund of the county for the deposit of the 24 money collected pursuant to NRS 244A.7643. The money in the 25 fund must be used only: 26 (a) To pay the costs of adopting and reviewing the 5-year master 27 plan for the enhancement of the telephone system for reporting 28 emergencies in the county that is required pursuant to 29 NRS 244A.7643. 30 (b) With respect to the telephone system for reporting an 31 emergency: 32 (1) In a county whose population is 52,000 or more, to 33 enhance the telephone system for reporting an emergency, including 34 only: 35 (I) Paying recurring and nonrecurring charges for 36 telecommunication services necessary for the operation of the 37 enhanced telephone system; 38 (II) Paying costs for personnel and training associated 39 with the routine maintenance and updating of the database for the 40 system; 41 (III) Purchasing, leasing or renting the equipment and 42 software necessary to operate the enhanced telephone system, 43 including, without limitation, equipment and software that identify 44 the number or location from which a call is made; and 45 – 10 – - *SB208* (IV) Paying costs associated with any maintenance, 1 upgrade and replacement of equipment and software necessary for 2 the operation of the enhanced telephone system. 3 (2) In a county whose population is less than 52,000, to 4 improve the telephone system for reporting an emergency in the 5 county. 6 (c) To pay any costs associated with the construction or upgrade 7 of a facility that contains a telephone system for reporting an 8 emergency. 9 (d) [With respect to purchasing and maintaining portable event 10 recording devices and vehicular event recording devices, to pay: 11 (1) By an entity described in this subparagraph, costs 12 associated with the acquisition, maintenance, storage of data, 13 upgrade and replacement of equipment and software necessary for 14 the operation of portable event recording devices and vehicular 15 event recording devices or systems that consist of both portable 16 event recording devices and vehicular event recording devices. 17 Money may be expended pursuant to this subparagraph for the 18 purchase and maintenance of portable event recording devices or 19 vehicular event recording devices only by: 20 (I) The sheriff’s office of a county; 21 (II) A metropolitan police department; 22 (III) A police department of an incorporated city; 23 (IV) A department, division or municipal court of a city 24 or town that employs marshals; 25 (V) A department of alternative sentencing; or 26 (VI) A county school district that employs school police 27 officers. 28 (2) Costs for personnel and training associated with 29 maintaining, updating and operating the equipment, hardware and 30 software necessary for portable event recording devices and 31 vehicular event recording devices or systems that consist of both 32 portable event recording devices and vehicular event recording 33 devices. 34 (3) Costs for personnel and training associated with the 35 maintenance, retention and redaction of audio and video events 36 recorded on portable event recording devices and vehicular event 37 recording devices or systems that consist of both portable event 38 recording devices and vehicular event recording devices. 39 (e)] To pay any costs associated with performing an analysis or 40 audit pursuant to NRS 244A.7648 of the surcharges collected by 41 telecommunications providers. 42 4. For the purposes described in subsection 3, money in the 43 fund must be expended in the following order of priority: 44 – 11 – - *SB208* (a) Paying the costs authorized pursuant to paragraph (a) of 1 subsection 3 to adopt and review the 5-year master plan. 2 (b) If the county performs an analysis or audit described in NRS 3 244A.7648, paying the costs authorized pursuant to paragraph [(e)] 4 (d) of subsection 3. 5 (c) Paying the costs authorized pursuant to paragraph (b) of 6 subsection 3. 7 (d) Paying the costs authorized pursuant to paragraph (c) of 8 subsection 3. 9 [(e) If the county has imposed a portion of the surcharge for 10 purposes of purchasing and maintaining portable event recording 11 devices and vehicular event recording devices: 12 (1) Paying the costs authorized pursuant to paragraph (d) of 13 subsection 3 other than costs related to personnel and training. 14 (2) Paying the costs authorized pursuant to paragraph (d) of 15 subsection 3 related to personnel. 16 (3) Paying the costs authorized pursuant to paragraph (d) of 17 subsection 3 related to training.] 18 5. If money in the fund is distributed to a recipient and: 19 (a) The recipient has not used the money for any purpose 20 authorized pursuant to subsection 3 within 6 months, the recipient 21 must: 22 (1) Notify the board of county commissioners and the 23 advisory committee; and 24 (2) Return the unused money. 25 (b) The recipient used any portion of the money for a purpose 26 that is not authorized pursuant to subsection 3, the recipient must: 27 (1) Notify the board of county commissioners and the 28 advisory committee; and 29 (2) Repay the portion of the money that was used for a 30 purpose not authorized pursuant to subsection 3. 31 (c) The recipient was not entitled to receive all or a portion of 32 the money, the recipient must: 33 (1) Notify the board of county commissioners and the 34 advisory committee; and 35 (2) Repay all money to which the recipient was not entitled 36 to receive. 37 6. If the balance in the fund created in a county whose 38 population is 700,000 or more pursuant to subsection 3 which has 39 not been committed for expenditure exceeds $15,000,000 at the end 40 of any fiscal year, the board of county commissioners shall reduce 41 the amount of the surcharge imposed during the next fiscal year by 42 the amount necessary to ensure that the unencumbered balance 43 in the fund at the end of the next fiscal year does not exceed 44 $15,000,000. 45 – 12 – - *SB208* 7. If the balance in the fund created in a county whose 1 population is 100,000 or more but less than 700,000 pursuant to 2 subsection 3 which has not been committed for expenditure exceeds 3 $5,000,000 at the end of any fiscal year, the board of county 4 commissioners shall reduce the amount of the surcharge imposed 5 during the next fiscal year by the amount necessary to ensure that 6 the unencumbered balance in the fund at the end of the next fiscal 7 year does not exceed $5,000,000. 8 8. If the balance in the fund created in a county whose 9 population is 52,000 or more but less than 100,000 pursuant to 10 subsection 3 which has not been committed for expenditure exceeds 11 $1,000,000 at the end of any fiscal year, the board of county 12 commissioners shall reduce the amount of the surcharge imposed 13 during the next fiscal year by the amount necessary to ensure that 14 the unencumbered balance in the fund at the end of the next fiscal 15 year does not exceed $1,000,000. 16 9. If the balance in the fund created in a county whose 17 population is less than 52,000 pursuant to subsection 3 which has 18 not been committed for expenditure exceeds $500,000 at the end of 19 any fiscal year, the board of county commissioners shall reduce the 20 amount of the surcharge imposed during the next fiscal year by the 21 amount necessary to ensure that the unencumbered balance in 22 the fund at the end of the next fiscal year does not exceed $500,000. 23 Sec. 5. NRS 244A.7648 is hereby amended to read as follows: 24 244A.7648 1. Except as otherwise provided in subsection 3, if a 25 surcharge is imposed in a county pursuant to NRS 244A.7643, the 26 board of county commissioners of that county may, as part of its 27 review of the 5-year master plan adopted pursuant to NRS 28 244A.7643 for the enhancement of the telephone system for 29 reporting emergencies in the county , [or for the purpose of 30 purchasing and maintaining portable event recording devices and 31 vehicular event recording devices, as applicable,] engage a qualified 32 independent auditor to perform an analysis or audit of the 33 surcharges collected by telecommunications providers in the county. 34 2. An auditor that performs an analysis or audit pursuant to this 35 section: 36 (a) Shall not charge a fee exceeding the actual costs of 37 performing the analysis or audit. 38 (b) Shall submit a report of his or her findings to the advisory 39 committee of the county established pursuant to NRS 244A.7645. 40 3. If an auditor performing an analysis or audit of the 41 surcharges collected by telecommunications providers finds in the 42 course of conducting the analysis or audit evidence of a violation of 43 the provisions of NRS 244A.7643, with respect to the amount of 44 money collected or remitted to the county treasurer by a 45 – 13 – - *SB208* telecommunications provider, the board of county commissioners 1 may engage a qualified independent auditor to perform an additional 2 analysis or audit of the surcharges collected by the 3 telecommunications provider before the next review of the 5-year 4 master plan is conducted. 5 Sec. 6. 1. On or before September 30 of each calendar year 6 during the period between October 1, 2025, and September 30, 7 2029, a county that has in effect during any portion of that period an 8 ordinance imposing the surcharge authorized by NRS 244A.7643 9 for purposes of purchasing and maintaining portable event recording 10 devices and vehicular event recording devices shall submit a report 11 to the Director of the Legislative Counsel Bureau for transmission to 12 the Legislative Commission describing its activities related to the 13 identification of an alternate source of funding for purchasing and 14 maintaining portable event recording devices and vehicular event 15 recording devices after October 1, 2029. 16 2. As used in this section: 17 (a) “Portable event recording device” has the meaning ascribed 18 to it in NRS 244A.7641. 19 (b) “Vehicular event recording device” has the meaning ascribed 20 to it in NRS 244A.7641. 21 Sec. 7. The provisions of NRS 354.599 do not apply to any 22 additional expenses of a local government that are related to the 23 provisions of this act. 24 Sec. 8. 1. This section and sections 3, 6 and 7 of this act 25 become effective on October 1, 2025. 26 2. Sections 1, 2, 4 and 5 of this act become effective on 27 October 1, 2029. 28 H