Nevada 2023 Regular Session Status: Enacted

SB 118 — Revises provisions relating to public health. (BDR 40-334)

Last action — Approved by the Governor. Chapter 239.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 09, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

96 added · 159 removed

96 line(s) added, 159 removed.

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EXEMPT (Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
Senate Bill No.
118 SENATE B ILLN O.
118–Committee on Health and Human Services CHAPTER..........
118–COMMITTEE ON H EALTH AND H UMAN SERVICES (O N BEHALF OF THE JOINT NTERIM S TANDING COMMITTEE ON H EALTH AND H UMAN S ERVICES ) F EBRUARY 8, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to public health.
(BDR 40-334) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Contains Appropriation not included in Executive Budget.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring that an account for public health improvement be created in the State General Fund;
prescribing the manner in which money is allocated from the account;
allocating money from a tax on tobacco products other than cigarettes to the account;
making an appropriation;
Existing law creates a health district in any county whose population is 700,000 matters in the health district.
Existing law creates a health district in any county whose population is 700,000 or more (currently Clark County), which has jurisdiction over all public health matters in the health district.
(NRS 439.361, 439.362, 439.366) Existing lawlth authorizes the creation of a health district with similar jurisdiction in counties whose population is less than 700,000 (currently all counties other than Clark County), subject to approval by the State Board of Health, by affirmative vote of:
(NRS 439.361, 439.362, 439.366) Existing law authorizes the creation of a health district with similar jurisdiction in counties County), subject to approval by the State Board of Health, by affirmative vote of:
or (3) the board or cities, town or towns, in such a county.
or (3) the board of county commissioners and the governing body or bodies of any incorporated city or cities, town or towns, in such a county.
(NRS 439.370) Sections 7 and 8 of this bill remove the requirement that two counties must be physically adjacent in order to create a health district.
(NRS 439.370) Sections 7 and 8 of this to create a health district.that two counties must be physically adjacent in order Section 9.2 of this bill makes an appropriation to the Division of Public and Behavioral Health of the Department of Health and Human Services for allocation to specified entities for the improvement of public health.
Section 5 of this bill requires that an account be created in the State General Fund, to be administered by the Administrator of the Division of Public and - *SB118_R1* – 2 – Behavioral Health of the Department of Health and Human Services, for the purpose of improving public health in this State.
Section 9.2 requires each such entity to submit a report to the Interim Finance Committee at the end of Fiscal Year 2024-2025 and Fiscal Year 2025-2026, respectively, concerning the use of the allocated money.
Section 5 also authorizes the Administrator to apply for and accept any gift, bequest, grant and donation for mean the district health department or, in a location that is not part of a healthto district, the Division or a designee of the Division.
EXPLANATION – Matter in bolded italics is new;
Section 6 of this bill:
matter between brackets [omitted material] is material to be omitted.
(1) requires the Administrator to allocate money in the account annually, according to population, to be used by each health authority;
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
and (2) prohibits a health authority from using such money to replace or supplant other sources of funding.
Sections 1-6.
Section 6 Legislature concerning the allocation and use of the money.
(Deleted by amendment.) Sec.
Section 3 of this bill defines the term “account” for purposes related to the use of money in the account.
Existing law imposes a tax upon the receipt, purchase or sale of tobacco products other than cigarettes in this State at a rate of 30 percent of the wholesale price of those products.
(NRS 370.450) Section 8.5 of this bill requires the to the account created by section 5.ransfer 35 percent of the proceeds of that tax THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1.
Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec.
2.
As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec.
3.
“Account” means the account created pursuant to section 5 of this act.
Sec.
4.
“Health authority” means the district health department or, in a location that is not part of a health district, the Division or a designee of the Division.
Sec.
5.
1.
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The Administrator may apply for and accept any gift, donation, bequest, grant or other source of money for the purpose of improving public health in this State.
Any money so received or from any other source, including, without limitation, legislative appropriation, must be deposited in the State Treasury and accounted for separately in the State General Fund.
2.
The Administrator shall administer the account.
Money in the account must be expended in the manner prescribed by this section and section 6 of this act.
3.
The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
Any money remaining in the account at the end of the fiscal year does not revert to the State General Fund, and the - *SB118_R1* – 3 – balance in the account must be carried forward to the next fiscal year.
4.
All claims against the account must be paid as other claims against the State are paid.
5.
The Administrator may use not more than 5 percent of the money in the account to administer the account and to fund statewide projects for the purpose prescribed in subsection 1.
Sec.
6.
1.
The Administrator shall, on or before December 31 of each year:
(a) Determine the total amount of money in the account after deducting any amount allocated for the uses described in subsection 5 of section 5 of this act;
and (b) Allocate money among the health authorities in this State in proportion to the populations of the areas under the jurisdiction of those health authorities.
2.
A health authority to which money is allocated pursuant to subsection 1 shall:
(a) Evaluate the public health needs of residents of the area under the jurisdiction of the health authority;
(b) Determine the level of priority of the public health needs identified pursuant to paragraph (a);
(c) Expend the money in accordance with the levels of priority identified pursuant to paragraph (b);
and (d) Not later than 90 days after the end of the fiscal year in which the health authority receives the money:
(1) Prepare a report which must include, without limitation, a description of:
(I) The process used by the health authority pursuant to paragraph (a) to evaluate the public health needs of residents of the area under the jurisdiction of the health authority and the public health needs identified through that process;
(II) The process used by the health authority pursuant to paragraph (b) to determine the level of priority of the public health needs identified pursuant to paragraph (a) and the levels of priority assigned to those public health needs through that process;
and (III) Each expenditure made by the health authority pursuant to paragraph (c);
and (2) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.
3.
A health authority shall not use money allocated to the health authority pursuant to subsection 1 to replace or supplant money available from other sources.
- *SB118_R1* – 4 – Sec.
Sec.
- 82nd Session (2023) – 2 – 439.383 When two or more [adjacent] counties establish a:
8.
district board of health, all county boards of health in such district shall thereupon be abolished.
NRS 439.383 is hereby amended to read as follows:
Secs.
439.383 When two or more [adjacent] counties establish a district board of health, all county boards of health in such district shall thereupon be abolished.
8.5 and 9.
Sec.
(Deleted by amendment.) Sec.
8.5.
9.2.
NRS 370.500 is hereby amended to read as follows:
1.
370.500 1.
There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services the sum of $15,000,000 for allocation pursuant to subsection 2 for the improvement of the public health.
All amounts of tax required to be paid to the State pursuant to NRS 370.440 to 370.490, inclusive, must be paid to the Department in the form of remittances payable to the Department.
The Department shall deposit these payments with the State Treasurer for credit to the Account for the Tax on Products Made From Tobacco, Other Than Cigarettes, in the State General Fund.
On or before August 1, 2024, the Division of Public and Behavioral Health shall allocate the money appropriated by subsection 1 to the following entities based on the following prescribed percentages of the total appropriated money:
3.
(a) The Central Nevada Health District, 1.3 percent;
At the end of each fiscal year, the Department shall transfer from the Account for the Tax on Products Made From Tobacco, Other Than Cigarettes to the account created pursuant to section 5 of this act an amount equal to 35 percent of the tax collected pursuant to NRS 370.440 to 370.490, inclusive, during the fiscal year.
(b) The Washoe County Health District, 16 percent;
(c) The Southern Nevada Health District, 73 percent;
and of the Division, 9.7 percent.
and Behavioral Health or a designee 3.
An entity to which money is allocated pursuant to subsection shall:
(a) Evaluate the public health needs of residents of the area under the jurisdiction of the entity;
(b) Determine the level of priority of the public health needs identified pursuant to paragraph (a);
(c) Expend the allocated money in accordance with the levels of priority identified pursuant to paragraph (b);
and (d) Not later than 90 days after the end of Fiscal Year 2024- and 2025-2026, respectively:
(1) Prepare a report which must include, without limitation:
(I) A description of the process used by the entity pursuant to paragraph (a) to evaluate the public health needs of residents of the area under the jurisdiction of the entity and the public hea(II) A description of the process used by the entity pursuant to paragraph (b) to determine the level of priority of the public health needs identified pursuant to paragraph (a) and the levels of priority assigned to those public health needs through that process;
(III) A description of each expenditure of the allocated money made by the entity pursuant to paragraph (c);
and (IV) The unexpended balance of the allocated money at the end of the fiscal year.
- 82nd Session (2023) – 3 – (2) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.
4.
An entity to which money is allocated pursuant to subsection shall not use the money to replace or supplant money available fro5.
The portion of any money remaining at the end of Fiscal Year 2024-2025 from an allocation of the money appropriated by subsection 1 that is not committed for expenditure by June 30, 2025, must be carried forward to Fiscal Year 2025-2026 to be used for the same purpose.
Any remaining balance of the allocated money carried forward to Fiscal Year 2025-2026 must not be committed for expenditure after June 30, 2026, and must be reverted to the State General Fund on or before September 18, 2026.
9.
(Deleted by amendment.) Sec.
The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
(Deleted by amendment.) Sec.
Sec.
This act becomes effective on July 1, 2023.
1.
H - *SB118_R1*
This section and sections 1 to 9, inclusive, and 9.5 of this act become effective upon passage and approval.
2.
Section 9.2 of this act becomes effective on July 1, 2024.
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 239.

  2. Enrolled and delivered to Governor.

  3. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate. In Senate. To enrollment.

  4. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Health and Human Services. To committee. From committee: Do pass. Declared an emergency measure under the Constitution. Taken from General File. Placed on General File for next legislative day.

  5. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 933.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Excused: 1.) To printer.

  6. From printer. To engrossment. Engrossed. First reprint. To committee.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 351.) Taken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.

  8. Notice of eligibility for exemption.

  9. From printer. To committee.

  10. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

  • Senate Committee on Health and Human Services · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Health and Human Services

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors SB 118?
SB 118 is sponsored by Senate Committee on Health and Human Services.
What is the current status of SB 118?
This bill has been enacted into law. Introduced February 08, 2023. Enacted.
Where can I track SB 118?
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