[Rev. 3/19/2013 2:09:49 PM]

Link to Page 2310

 

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ê1991 Statutes of Nevada, Page 2311ê

 

CHAPTER 699, AB 548

Assembly Bill No. 548–Assemblymen Giunchigliani, Myrna Williams, Evans, Wendell Williams, Norton, Spitler, Bache, Garner, Sader, Krenzer, Heller, Goetting, McGinness, Price, Marvel, Arberry, Anderson, Johnson, Haller, Bennett, Freeman, Petrak, Spriggs, Carpenter, Elliott, Gibbons, McGaughey, Hardy, Gregory, Callister, Humke, Stout, Porter and Dini

CHAPTER 699

AN ACT relating to aging persons; creating the office of ombudsman for aging persons within the aging services division of the department of human resources; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The office of ombudsman for aging persons is hereby created within the aging services division of the department of human resources.

      2.  The administrator shall appoint the ombudsman for aging persons. The person so appointed:

      (a) Must be qualified by training and experience to perform the duties and functions of his office; and

      (b) Is in the classified service of the state.

      Sec. 3.  The ombudsman for aging persons shall provide assistance to persons who are 60 years of age or older and do not reside in facilities for long-term care. The assistance must include at least the:

      1.  Coordination of resources and services available to aging persons within their respective communities, including the services provided through the program established pursuant to NRS 427A.250;

      2.  Dissemination of information to aging persons on issues of national and local interest, including information regarding the services of the ombudsman and the existence of groups of aging persons with similar interests and concerns;

      3.  Publication of a guide for use in each county of this state regarding the resources and services available for aging persons in the respective county; and

      4.  Advocation of issues relating to aging persons.

      Sec. 4.  1.  There is hereby appropriated from the state general fund to the aging services division of the department of human resources for the establishment and operation of the office of ombudsman for aging persons:

For fiscal year 1991-92........................................................................ $38,274

For fiscal year 1992-93........................................................................ $36,444

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.


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ê1991 Statutes of Nevada, Page 2312 (Chapter 699, AB 548)ê

 

      Sec. 5.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 700, AB 557

Assembly Bill No. 557–Committee on Transportation

CHAPTER 700

AN ACT relating to motor vehicles; revising the fees for special license plates; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Secs. 2-4.  (Deleted by amendment.)

      Sec. 5.  The fee for a license plate or set of plates issued pursuant to NRS 482.370 to 482.374, inclusive, is $5, in addition to all other applicable registration and license fees and motor vehicle privilege taxes.

      Sec. 6.  NRS 482.285 is hereby amended to read as follows:

      482.285  1.  If any certificate of registration or certificate of ownership is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information satisfactory to the department and upon payment of the required fees.

      2.  [If any special license plate or plates issued pursuant to NRS 482.3667, 482.368, 482.370, 482.373, 482.374, 482.375, 482.376, 482.378, 482.380 or section 1 of chapter 114, Statutes of Nevada 1991, are lost mutilated or illegible, the person to whom such plate or plates were issued shall immediately make application for and obtain a duplicate or substitute license plate or plates upon furnishing information satisfactory to the department and upon payment of the required fees.

      3.] If any license plate or plates [, other than those provided for in subsection 2,] or any decal is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon:

      (a) Furnishing information satisfactory to the department; and

      (b) Payment of the fees required by NRS 482.500.

      [4.] 3.  The department shall issue duplicate or substitute plates if the applicant:

      (a) Returns the mutilated or illegible plates to the department or certifies under oath that the plates were lost or stolen; and

      (b) [Received the plates during the complete issuance of new license plates in 1968 and 1969; and

      (c)] Makes application for renewal of registration. Credit must be allowed for the portion of the registration fee and privilege tax attributable to the remainder of the current registration period.


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ê1991 Statutes of Nevada, Page 2313 (Chapter 700, AB 557)ê

 

      Sec. 7.  NRS 482.367 is hereby amended to read as follows:

      482.367  1.  The department shall charge and collect the following fees for the issuance of personalized prestige license plates, which fees [shall be] are in addition to all other license fees and motor vehicle taxes:

      (a) For the first issuance.................................................................... [$25]   $35

      (b) For a renewal sticker...................................................................... [15]      20

      (c) For changing to another personalized prestige license plate.. [25]      35

      2.  The additional fees collected by the department for the issuing of personalized prestige license plates [shall] must be deposited with the state treasurer to the credit of the motor vehicle fund.

      Sec. 8.  NRS 482.368 is hereby amended to read as follows:

      482.368  1.  Except as otherwise provided in subsection 2, the department shall provide suitable distinguishing license plates for exempt vehicles. These plates must be [provided at cost and must be] displayed on the vehicles in the same manner as provided for privately owned vehicles. The fee for the issuance of the plates is $5. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.

      2.  License plates furnished for:

      (a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation division of the department and any authorized federal or out-of-state law enforcement agency;

      (b) One automobile used by the department of prisons, three automobiles used by the department of wildlife, two automobiles used by the Caliente youth center and four automobiles used by the Nevada youth training center;

      (c) Vehicles of a city, county or the state, except any assigned to the state industrial insurance system, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and

      (d) Automobiles maintained for and used by investigators of the following:

             (1) The state gaming control board;

             (2) The division of brand inspection of the state department of agriculture;

             (3) The attorney general;

             (4) City or county juvenile officers;

             (5) District attorneys’ offices;

             (6) Public administrators’ offices;

             (7) Public guardians’ offices;

             (8) Sheriffs’ offices; and

             (9) Police departments in the state,

must not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $12 per plate or, if issued in sets, per set.

      3.  The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.


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ê1991 Statutes of Nevada, Page 2314 (Chapter 700, AB 557)ê

 

enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.

      4.  Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.

      5.  [For the purposes of] As used in this section, “exempt vehicle” means a vehicle exempt from the privilege tax, except one owned by the United States.

      6.  The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.

      Sec. 9.  NRS 482.370 is hereby amended to read as follows:

      482.370  1.  The department shall furnish to each United States Senator a special license plate or plates showing on the face thereof, “U.S.S. 1,” in the case of the senior Senator and “U.S.S. 2,” in the case of the junior Senator.

      2.  The department shall furnish to United States Representatives suitably distinctive plates.

      3.  The department shall issue plates [under] pursuant to this section [on the] upon payment of the license fees [as authorized by law.] set forth in section 5 of this act.

      Sec. 10.  NRS 482.372 is hereby amended to read as follows:

      482.372  Upon payment of the license fees [authorized by law,] set forth in section 5 of this act, the department shall furnish to the secretary of state, the state treasurer, the state controller and the attorney general special license plates showing, respectively, on the face thereof, “Secretary of State 3,” “State Treasurer 4,” “State Controller 5” and “Attorney General 6.” The department shall issue such number of license plates as may be necessary for all private cars owned by these public officers.

      Sec. 11.  NRS 482.373 is hereby amended to read as follows:

      482.373  1.  The department shall furnish to the governor a special license plate or plates showing on the face thereof “1” without county designation. The department shall issue such number of license plates as may be necessary for all private cars owned by the governor upon payment of the license fees [required by law.] set forth in section 5 of this act.

      2.  The department shall furnish to the lieutenant governor a special license plate or plates showing on the face thereof “2” without county designation. The department shall issue such number of license plates as may be necessary for all private cars owned by the lieutenant governor upon payment of the license fees [required by law.] set forth in section 5 of this act.


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ê1991 Statutes of Nevada, Page 2315 (Chapter 700, AB 557)ê

 

      Sec. 12.  NRS 482.374 is hereby amended to read as follows:

      482.374  1.  The department shall furnish to each state senator and state assemblyman a special license plate or plates showing on the face thereof, in the case of the senators, “State Senator,” together with the designated number showing the seniority of the senator in the senate, and, in the case of the assemblymen, “State Assemblyman” or “State Assemblywoman,” as appropriate, together with the designated number showing the seniority of the assemblyman in the assembly. If two or more legislators have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names, except that numbers drawn by lot by legislators having the same seniority prior to January 1, 1971, must be maintained in the same sequence.

      2.  The department shall furnish to each justice of the supreme court, in order of seniority, a special plate or plates showing on the face thereof: “Supreme Court Justice 1”; “Supreme Court Justice 2”; “Supreme Court Justice 3”; “Supreme Court Justice 4”; and “Supreme Court Justice 5.” If two or more justices have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names.

      3.  The department shall issue the licenses and duplicate set of license plates described in this section to the state legislators and justices of the supreme court [on] upon payment of the license fees [as authorized by law.] set forth in section 5 of this act.

      Sec. 13.  NRS 482.375 is hereby amended to read as follows:

      482.375  1.  An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of that license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of [$25] $35, must be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law must be inscribed the words “RADIO AMATEUR” and the official amateur radio call letters of the applicant as assigned by the Federal Communications Commission. The annual fee for a renewal sticker is $20. The plate or plates may be used only on a private passenger car, trailer or travel trailer or on a noncommercial truck.

      2.  The cost of die and modifications necessary for the issuance of a license plate [under] pursuant to this section must be paid from private sources without any expense to the State of Nevada.

      3.  The department may adopt regulations to ensure compliance with all state license laws relating to the use and operation of a motor vehicle before issuance of the plates in lieu of the regular Nevada license plate or plates, and all applications for the plates must be made to the department.

      Sec. 14.  NRS 482.376 is hereby amended to read as follows:

      482.376  1.  An owner of a motor vehicle who is a resident of this state and is an enlisted or commissioned member of the Nevada National Guard may, upon application on a form prescribed and furnished by the department, signed by the member and his commanding officer and accompanied by proof of enlistment, be issued license plates upon which is inscribed NAT’L GUARD with four consecutive numbers.


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ê1991 Statutes of Nevada, Page 2316 (Chapter 700, AB 557)ê

 

of enlistment, be issued license plates upon which is inscribed NAT’L GUARD with four consecutive numbers. The applicant shall comply with the laws of this state concerning motor vehicles, including the payment of the regular registration fees, as prescribed by this chapter. There is [no] an additional fee of $5 for the issuance of [these] those plates.

      2.  Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.

      3.  Any member of the Nevada National Guard other than the adjutant general, who retires or is honorably discharged may retain any license plates issued to him pursuant to subsection 1. The adjutant general shall surrender any license plates issued to him as adjutant general to the department when he leaves office, and may then be issued special license plates as described in subsection 1. If a member is dishonorably discharged, he shall surrender any of these special plates in his possession to the department at least 10 days before his discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.

      Sec. 15.  NRS 482.3765 is hereby amended to read as follows:

      482.3765  1.  A person who qualifies [under] pursuant to this section may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of 1 ton or less, for his own personal use. A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to a specially designed license plate inscribed with the words PEARL HARBOR VETERAN and three or four consecutive numbers.

      2.  The department shall issue a specially designed license plate for persons qualified [under] pursuant to this section who submit an application on a form prescribed by the department and evidence of their status as a survivor required by the department.

      3.  If during a registration year, the holder of a special plate issued [under the provisions of] pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      4.  The fee for the special license plate is $25, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. [If the special plates provided for under this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $2.] The annual fee for a renewal sticker is $5.

      Sec. 16.  NRS 482.377 is hereby amended to read as follows:

      482.377  1.  A person qualifies [under] pursuant to this section may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of one tone or less, for his own personal use. A veteran of the Armed Forces of the Unites States who, as a result of his service:

 


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ê1991 Statutes of Nevada, Page 2317 (Chapter 700, AB 557)ê

 

veteran of the Armed Forces of the Unites States who, as a result of his service:

      (a) Has suffered a 100-percent service-connected disability and who receives compensation from the United States for his disability, is entitled to a specially designed license plate inscribed with the words DISABLED VETERAN and three or for consecutive numbers.

      (b) Has been captured and held prisoner by a military force of a foreign nation, is entitled to a specially designed license plate inscribed with the words ex-PRISONER OF WAR and three or four consecutive numbers.

      2.  The department shall issue a specially designed license plate for persons qualified [under] pursuant to this section who submit an application on a form prescribed by the department and evidence of disability or former imprisonment required by the department.

      3.  A vehicle on which license plates issued by the department [under the provisions of] pursuant to this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the state or any political subdivision or other public body within the state, other than the United States.

      4.  If during a registration year, the holder of a special plate issued [under the provisions of] pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      [5.  If the special plates provided for under this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $2.]

      Sec. 17.  NRS 482.379 is hereby amended to read as follows:

      482.379  1.  The director may order the design and preparation of license plates which commemorate the 125th anniversary of Nevada’s admission into the Union and establish the procedures for the application and issuance of the plates.

      2.  The department may designate any colors, numbers and letters for the commemorative plates.

      3.  A person who is entitled to license plates pursuant to NRS 482.265 may apply for commemorative license plates.

      4.  The fee for the commemorative license plates is $10, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. If a person is eligible for and applies for any special license plates issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.368 or 482.370 to 482.382, inclusive, and applies to have those special license plates combined with commemorative plates, the person must pay the fees for the special license plates in addition to the fee for the commemorative plates.

      5.  In addition to all fees for the license, registration and privilege taxes, a person who is eligible for and applies for commemorative plates must pay $25 for the celebration of the 125th anniversary of Nevada’s admission into the Union.


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ê1991 Statutes of Nevada, Page 2318 (Chapter 700, AB 557)ê

 

the Union. The fees for the license, registration, privilege taxes and the charge for the celebration may be paid with a single check.

      6.  Commemorative plates are renewable upon the payment of $10.

      7.  If during a registration year, the holder of commemorative plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

      (a) Within 30 days after removing the plates from the vehicle, return them to the department; or

      (b) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as is provided for in this chapter. A person who transfers plates must be allowed a 1/12 reduction in fees for each calendar month remaining unused from the previous registration.

      8.  Except as otherwise provided by subsection 10, if a commemorative license plate or set of license plates issued pursuant to the provisions of this section is lost, stolen or mutilated, the owner of the vehicle may secure a replacement license plate or set of replacement license plates, as the case may be, from the department [for a fee of $10.] upon payment of the fees set forth in subsection 2 of NRS 482.500.

      9.  The department shall, for each set of commemorative license plates that it issues:

      (a) Deposit the $25 collected for the celebration of the 125th anniversary of Nevada’s admission into the Union with the state treasurer for credit to the account for Nevada’s 125th anniversary in the state general fund;

      (b) Deposit $7.50 with the state treasurer for credit to the motor vehicle fund pursuant to the provisions of NRS 482.180; and

      (c) Deposit $2.50 with the state treasurer for credit to the registration division of the department of motor vehicles and public safety to reimburse the division for the cost of manufacturing the license plates.

      10.  The department shall not:

      (a) Issue the commemorative license plates after October 31, 1990.

      (b) Issue replacement commemorative license plates after June 30, 1995.

      Sec. 18.  NRS 482.380 is hereby amended to read as follows:

      482.380  1.  The department may issue special motor vehicle license plates from year to year to a person who has resided in the State of Nevada for a period of 6 months preceding the date of application for the license plates and who owns a motor vehicle [, 1915 model or prior thereto.] which is a model manufactured during or before 1915.

      2.  To administer the provisions of this section, the department may recognize the Horseless Carriage Club of Nevada as presently constituted as the official Horseless Carriage Club of Nevada and to designate and appoint one member of the board of directors of the Horseless Carriage Club of Nevada to act as and be an ex officio deputy of the department and to perform the duties and functions prescribed by this section without compensation, per diem allowance or travel expenses.

      3.  An applicant for license plates pursuant to the provisions of this section must:

      (a) Fill out and sign an application for license plates on a form prescribed and furnished by the ex officio deputy for licensing antique motor vehicles.


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ê1991 Statutes of Nevada, Page 2319 (Chapter 700, AB 557)ê

 

      (b) Present evidence of his eligibility for license plates by showing, to the satisfaction of the ex officio deputy, residence in this state for 6 months preceding the date of application and ownership of an antique motor vehicle [, 1915 model or prior thereto.] which is a model manufactured during or before 1915.

      (c) Present a certificate of inspection issued by a committee, or member thereof, appointed by the board of directors of the Horseless Carriage Club of Nevada verifying that the antique motor vehicle is in safe and satisfactory mechanical condition, is in good condition and state of repair, is well equipped and is covered by a policy of insurance covering public liability and property damage written by an insurance company qualified to do business in this state with limits of not less than $10,000 for each person nor less than $20,000 for each accident, and not less than $5,000 for property damage and which otherwise meets the requirements of chapter 485 of NRS.

      (d) Exhibit a valid driver’s license authorizing the applicant to drive a motor vehicle on the highways of this state.

      (e) Pay the fee prescribed by the laws of this state for the operation of a passenger car, without regard to the weight or the capacity for passengers.

      (f) Pay such other fee as prescribed by the board of directors of the Horseless Carriage Club of Nevada necessary to defray all cost of manufacture, transportation and issuance of the special license plates.

      4.  The ex officio deputy for licensing antique motor vehicles shall each calendar year issue license plates, approved by the department, for each motor vehicle owned by an applicant who meets the requirements of subsection 3, subject to the following conditions:

      (a) The license plates must be numbered and issued consecutively each year beginning with “Horseless Carriage 1.”

      (b) The license plates must conform, as nearly as possible, to the color and type of license plate issued in this state for regular passenger cars.

      (c) The special license plates issued [under the provisions of] pursuant to this section must be specified, procured, transported and issued solely at the expense and cost of the Horseless Carriage Club of Nevada and without any expense to the State of Nevada.

      5.  The ex officio deputy for licensing antique motor vehicles shall pay quarterly to the department the prescribed fee as provided in paragraph (e) of subsection 3. The fees so received must be used, disbursed or deposited by the department in the same manner as provided by law for other fees for registration and licensing. All other fees collected to defray expenses must be retained by the board of directors of the Horseless Carriage Club of Nevada.

      6.  The license plates obtained [under] pursuant to this section are in lieu of the license plates otherwise provided for in this chapter and are valid for the calendar year in which they are issued.

      7.  The department shall charge and collect the following fees for the issuance of these license plates, which fees are in addition to all other license fees and motor vehicle taxes:

      (a) For the first issuance.............................................................................. $15

      (b) For a renewal sticker.................................................................................. 5


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ê1991 Statutes of Nevada, Page 2320 (Chapter 700, AB 557)ê

 

      Sec. 19.  NRS 482.381 is hereby amended to read as follows:

      482.381  1.  The department may issue special license plates and registration certificates to residents of Nevada for any motor vehicle which is a model manufactured more than 40 years [prior to] before the date of application for registration [under] pursuant to this section. [Except as provided in subsection 4, any such vehicle shall not be used for general transportation, but may be used for club activities, exhibitions, tours, parades or similar activities.

      2.  In lieu of the annual registration and fees required by this chapter, and of the privilege tax imposed by chapter 371 of NRS, the owner of a vehicle described in subsection 1 may submit an affidavit to the department indicating that the vehicle will only be used for the permitted purposes enumerated in subsection 1 and that the vehicle has been inspected and found safe to be operated on the highways of this state, and pay a $12.50 fee.

      3.  If the owner complies with the requirements of subsection 2, the department may issue the owner license plates and a registration certificate which will expire when the owner sells or dismantles the vehicle.

      4.  If the owner elects to use the vehicle as general transportation, he shall pay the regular license plate fees as prescribed by law.

      5.] 2.  License plates issued pursuant to this section [shall] must bear the inscription “Old Timer” and the plates [shall] must be numbered consecutively.

      [6.] 3.  The Nevada Old Timer Club members shall bear the cost of the dies for [the implementation] carrying out the provisions of this section.

      4.  The department shall charge and collect the following fees for the issuance of these license plates, which fees are in addition to all other license fees and motor vehicle taxes:

      (a) For the first issuance.............................................................................. $15

      (b) For a renewal sticker.................................................................................. 5

      Sec. 20.  NRS 482.3812 is hereby amended to read as follows:

      482.3812  1.  The department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not later than 1948.

      2.  License plates issued pursuant to this section must be inscribed with the words STREET ROD and three or four consecutive numbers.

      3.  If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      4.  The fee for the special license plates is [$25,] $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. [If the special plates are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $2.] The fee for an annual renewal sticker is $20.


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ê1991 Statutes of Nevada, Page 2321 (Chapter 700, AB 557)ê

 

      Sec. 21.  NRS 482.3814 is hereby amended to read as follows:

      482.3814  1.  The department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not earlier than 1949, but at least 20 years before the application is submitted to the department.

      2.  License plates issued pursuant to this section must be inscribed with the words CLASSIC ROD and three or four consecutive numbers.

      3.  If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      4.  The fee for the special license plates is [$25,] $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. [If the special plates are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $2.] The fee for an annual renewal sticker is $20.

      Sec. 22.  (Deleted by amendment.)

      Sec. 23.  NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration or ownership, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration [or ownership]................................... $5.00

For every substitute number plate or set of plates.............................. 5.00

For every duplicate number plate or set of plates.............................. 10.00

For every decal displaying a county name.............................................. .50

For every other decal (license plate sticker or tab).............................. 5.00

 

      2.  [A fee of $10 must be paid for a duplicate plate or set of plates if a special plate was issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.375, 482.376, 482.378 or 482.380 or section 1 of chapter 114, Statutes of Nevada 1991. A fee must not be charged for a duplicate plate or set of plates issued under NRS 482.368, 482.370, 482.373 or 482.374.] The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3814, inclusive, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) For any souvenir license plate issued pursuant to NRS 482.3825, a fee equal to that established by the director for the issuance of such plates.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2322 (Chapter 700, AB 557)ê

 

      3.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

      4.  For purposes of this section:

      (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

      (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the [prior] previously issued plate or set.

      Sec. 24.  Section 1 of chapter 72, Statutes of Nevada 1991, is hereby amended to read as follows:

       Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  A person who qualifies pursuant to this section may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of 1 ton or less, for his own personal use. A veteran of the Armed Forces of the United States who was awarded the Purple Heart is entitled to a specially designed license plate which indicates that he is a recipient of the Purple Heart.

       2.  The department shall issue a specially designed license plate for any person qualified pursuant to this section who submits an application on a form prescribed by the department and evidence of his status as a recipient of the Purple Heart as required by the department. The department may designate any appropriate color for the special plates.

       3.  If, during a registration year, the holder of a special plate issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

       (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

       (b) Within 30 days after removing the plates from the vehicle, return them to the department.

       4.  The fee for the special license plate is [$25,] $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The annual fee for a renewal sticker is $15. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of [$2.] $5.

      Sec. 25.  Section 1 of chapter 114, Statutes of Nevada 1991, is hereby amended to read as follows:

       Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  An owner of a motor vehicle who is a resident of this state and is a member of the Nevada Wing of the Civil Air Patrol may, upon application on a form prescribed and furnished by the department, signed by the member and his commanding officer and accompanied by proof of membership, be issued license plates upon which is inscribed CIVIL AIR PATROL with four consecutive numbers.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2323 (Chapter 700, AB 557)ê

 

member and his commanding officer and accompanied by proof of membership, be issued license plates upon which is inscribed CIVIL AIR PATROL with four consecutive numbers. The fee for the special license plates is [$5,] $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The annual fee for a renewal sticker is $15.

       2.  Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.

       3.  Any member of the Nevada Wing of the Civil Air Patrol who retires or is honorably discharged may retain any license plates issued to him pursuant to subsection 1. If a member is dishonorably discharged, he shall surrender any of these special plates in his possession to the department at least 10 days before his discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.

      Sec. 26.  (Deleted by amendment.)

      Sec. 27.  NRS 482.382 is hereby repealed.

      Sec. 28.  This act becomes effective on January 1, 1992.

 

________

 

 

CHAPTER 701, AB 559

Assembly Bill No. 559–Committee on Taxation

CHAPTER 701

AN ACT relating to taxation; authorizing certain counties to impose a tax for the support of the family court in the judicial district that includes the county; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the fiscal years beginning on and after July 1, 1991, the board of county commissioners of each county whose population is 100,000 or more may levy an ad valorem tax of not more than 1.92 cents on each $100 of assessed valuation upon all taxable property in the county for the support of the family court in the judicial district that includes that county.

      2.  The proceeds of the tax imposed pursuant to this section are exempt from the limitations imposed by NRS 354.59811 and must be excluded in determining the allowed revenue from taxes ad valorem for the county.

      Sec. 2.  This act becomes effective on July 1, 1991.

 

________


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2324ê

 

CHAPTER 702, AB 566

Assembly Bill No. 566–Committee on Legislative Functions and Elections

CHAPTER 702

AN ACT relating to the legislature; requiring the legislature to adjourn for a certain time during the regular session; authorizing the director of the legislative counsel bureau to make necessary arrangements in preparation for the adjournment; making various changes regarding the registration of lobbyists; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other adjournment taken during a legislative session, the legislature shall adjourn for 16 days before the 56th calendar day of the regular session. During this adjournment, the senate standing committee on finance and the assembly standing committee on ways and means shall hold hearings in both the mornings and afternoons to consider the budgets of the major agencies of the state. The two committees shall, when practicable, meet jointly while maintaining majorities of both committees. Except as otherwise provided by the legislative commission pursuant to subsection 2, during this adjournment all other standing committees may hold hearings at any place in the state on legislative measures or on any general topic which is pertinent to possible legislative action.

      2.  On or before December 31 of each even-numbered year, the legislative commission shall tentatively determine the dates of the 16-day adjournment required by subsection 1, which committees other than the senate standing committee on finance and the assembly standing committee on ways and means may meet during the adjournment and the tentative location of all meetings to be held during the adjournment.

      3.  The director of the legislative counsel bureau may contract for necessary facilities, travel, lodging and services and otherwise make arrangements in preparation for meetings to be held during the adjournment.

      Sec. 2.  NRS 218.912 is hereby amended to read as follows:

      218.912  1.  “Lobbyist” means, except as limited by subsection 2, a person who [appears] :

      (a) Appears in person in the legislative building [and communicates] or any other building in which the legislature or any of its standing committees hold meetings; and

      (b) Communicates directly with a member of the legislative branch on behalf of someone other than himself to influence legislative action whether or not any compensation is received for the communication.

      2.  “Lobbyist” does not include:

      (a) Persons who confine their activities to formal appearances before legislative committees and who clearly identify themselves and the interest or interests for whom they are testifying.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2325 (Chapter 702, AB 566)ê

 

      (b) Employees of a bona fide news medium who meet the definition of “lobbyist” only in the course of their professional duties and who contact members of the legislature for the sole purpose of carrying out their news gathering function.

      (c) Employees of departments, divisions or agencies of the state government who appear before legislative committees only to explain the effect of legislation related to their departments, divisions or agencies.

      (d) Employees of the legislature, legislators, legislative agencies or legislative commissions.

      (e) Elected officers of this state and its political subdivisions who confine their lobbying activities to issues directly related to the scope of the office to which they were elected.

      (f) Persons who contact the members of the legislature who are elected from the district in which they reside.

      Sec. 3.  NRS 218.926 is hereby amended to read as follows:

      218.926  1.  Each registrant shall file with the director within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning his lobbying activities. In addition, each registrant shall file with the director between the 1st and 10th day of the month after each month that the legislature is in session a report concerning his lobbying activities during the previous month [.] , whether or not any expenditures were made. Each report must be on a form prescribed by the director and must include the total expenditures , if any, made by the registrant on behalf of a legislator, including expenditures made by others on behalf of the registrant if the expenditures were made with the registrant’s express or implied consent or were ratified by the registrant.

      2.  If his expenditures during the previous month exceed $50, the report must include a compilation of expenditures, itemized in the manner required by the regulations of the legislative commission, in the following categories:

      (a) Entertainment;

      (b) Expenditures made in connection with a party or similar event hosted by the organization represented by the registrant;

      (c) Gifts and loans; and

      (d) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.

 

________


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2326ê

 

CHAPTER 703, AB 572

Assembly Bill No. 572–Assemblyman Carpenter

CHAPTER 703

AN ACT making an appropriation from the emergency fund of the supplemental city-county relief tax to drill and equip community wells for Tuscarora and Midas; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

      whereas, The only sources of water that serve the communities of Tuscarora and Midas are natural springs, which at present do not produce enough water to ensure the health, safety and welfare of the residents of these towns; and

      whereas, Neither the towns of Tuscarora and Midas nor Elko County have sufficient financial resources to pay the cost of drilling and equipping community wells for Tuscarora and Midas; and

      whereas, These conditions were unforeseen and uncontrollable, and substantially impair the financial capacity of Elko County to provide the basic services for which it was created; and

      whereas, NRS 354.5988 authorizes special distributions to be made from the emergency fund for the supplemental city-county relief tax if unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the emergency fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 to Elko County the sum of $200,000 for the drilling and equipping of community wells to serve the residents of Tuscarora and Midas. The board of county commissioners of Elko County shall report to the interim finance committee on or before January 15, 1993, on the manner in which the money so appropriated was expended or committed for expenditure.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the respective projects are completed and reverts to the emergency fund for the supplemental city-county relief tax as soon as all payments of money committed have been made.

      Sec. 3.  As soon as practicable after the effective date of this act, the state controller shall transfer the money appropriated by section 1 of this act to the county treasurer of Elko County.

      Sec. 4.  This act becomes effective upon passage and approval.

 

________


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2327ê

 

CHAPTER 704, AB 574

Assembly Bill No. 574–Committee on Government Affairs

CHAPTER 704

AN ACT relating to local governmental finances; authorizing a local government to pledge part of the revenue it receives from the supplemental city-county relief tax for the repayment of certain general obligation bonds and revenue bonds; clarifying the provisions governing the use of the proceeds of a tax imposed on the revenues from the rental of transient lodging; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 377 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A local government which receives revenue from the supplemental city-county relief tax pursuant to NRS 377.057 may pledge not more than 15 percent of that revenue to the payment of any general obligation bond or revenue bond issued by the local government pursuant to chapter 350 of NRS.

      2.  Any revenue pledge pursuant to subsection 1 for the payment of a general obligation bond issued by a local government pursuant to chapter 350 of NRS shall be deemed to be pledged revenue of the project for the purposes of NRS 350.020.

      Sec. 2.  NRS 268.095 is hereby amended to read as follows:

      268.095  1.  The city council or other governing body of each incorporated city in the State of Nevada, whether organized under general law or special charter, may:

      (a) Except as otherwise provided in section 13.5 of [this act,] chapter 19, Statutes of Nevada 1991, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

      (b) Assign the proceeds of any one or more such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

             (1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

             (4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

             (5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and

             (6) For constructing, purchasing or otherwise acquiring such recreational facilities.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2328 (Chapter 704, AB 574)ê

 

      (c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general obligations issued by the city for a purpose authorized by the City Bond Law, NRS 268.672 to 268.740, inclusive.

      (d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:

             (1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the City Bond Law, NRS 268.672 to 268.740, inclusive;

             (2) For the expense of operating or maintaining, or both, any facilities of the city; and

             (3) For any other purpose for which other money of the city may be used.

      2.  The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as “pledged revenues” for the purposes of NRS 350.020.

      3.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the state has issued or will issue a license required for this activity.

      [3.] 4.  Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:

      (a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      [4.] 5.  The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. Except as otherwise provided in NRS 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2329 (Chapter 704, AB 574)ê

 

county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.

      [5.] 6.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

      Sec. 3.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 705, AB 575

Assembly Bill No. 575–Committee on Ways and Means

CHAPTER 705

AN ACT relating to motor vehicles; broadening the exemption of golf carts from registration and substituting a permit for their operation under limited circumstances; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Golf cart” means a motor vehicle which:

      1.  Has no fewer than three wheels in contact with the ground;

      2.  Has an unladen weight of less than 1,300 pounds; and

      3.  Is designed to carry golf equipment and no more than four persons, including the driver.

      Sec. 3.  1.  In a county whose population is 400,000 or more, a permit for the operation of a golf cart may be issued by the department if the golf cart is equipped as required by subsection 2 and proof of financial responsibility as required for the registration of a motor vehicle is submitted when application for the permit is made.

      2.  The required equipment is:

      (a) Headlamps;

      (b) Tail lamps, reflectors, stop lamps and an emblem or placard for slow moving vehicles;

      (c) Mirror; and

      (d) Brakes.

Each of these items of equipment must meet the standards prescribed for motor vehicles generally.

      3.  A permit is not required for the operation of a golf cart during daylight, by a person holding a current driver’s license, if the golf cart is:


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2330 (Chapter 705, AB 575)ê

 

      (a) Equipped with an emblem or placard for slow moving vehicles; and

      (b) Operated solely upon that portion of a highway designated by the appropriate city or county as a:

             (1) Crossing for golf carts; or

             (2) Route of access between a golf course and the residence or temporary abode of the owner or operator of the golf cart.

      Sec. 4.  NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter , unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 482.210 is hereby amended to read as follows:

      482.210  1.  The provisions of this chapter requiring the registration of certain vehicles do not apply to:

      (a) Special mobile equipment.

      (b) Implements of husbandry temporarily drawn, moved or otherwise propelled upon the highways.

      (c) Any mobile home or commercial coach subject to the provisions of chapter 489 of NRS.

      (d) Golf carts which are:

             (1) [Traveling from the residence or temporary abode of the owner or operator thereof to a golf course;

             (2)] Traveling upon [streets] highways properly designated by the appropriate city or county as permissible for the operation of golf carts; and

             [(3)] (2) Operating pursuant to a permit issued [in accordance with rules and regulations adopted by the appropriate city or county.] pursuant to this chapter.

      (e) Mopeds.

      (f) Towable tools or equipment as defined in NRS 484.202.

      (g) Any motorized conveyance for a wheelchair, whose operator is a handicapped person not able to walk about.

      2.  For the purposes of this section, “motorized conveyance for a wheelchair” means a vehicle which:

      (a) Can carry a wheelchair;

      (b) Is propelled by an engine which produces not more than 3 gross brake horsepower or has a displacement of not more than 50 cubic centimeters;

      (c) Is designed to travel on not more than three wheels; and

      (d) Can reach a speed of not more than 30 miles per hour on a flat surface with not more than a grade of 1 percent in any direction.

The term does not include a tractor.

      Sec. 6.  NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $23.

      2.  For every motorcycle, a fee for registration of $23 and an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2331 (Chapter 705, AB 575)ê

 

highway fund for credit to the account for the program for the education of motorcycle riders.

      3.  For each transfer of registration a fee of $6 in addition to any other fees.

      4.  To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 a fee of $100, which must be accounted for in the account for verification of insurance which is hereby created in the state general fund and must be used only for the purposes specified in NRS 485.383.

      5.  For every travel trailer, a fee for registration of $17.

      6.  For every permit for the operation of a golf cart, an annual fee of $10.

 

________

 

 

CHAPTER 706, AB 577

Assembly Bill No. 577–Committee on Health and Welfare

CHAPTER 706

AN ACT relating to health care; limiting increases in charges for certain care; establishing and financing various programs to assist in containing the costs of health care; imposing a tax on hospitals at a rate determined by the department of human resources; requiring the department to propose a certain amendment to the state plan for assistance to the medically indigent; imposing a tax on other providers of medical care at a rate determined by the department; requiring that the chairmanship of the legislative committee on health care alternate biennially between the houses of the legislature; making appropriations; authorizing expenditures; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439A.106 is hereby amended to read as follows:

      439A.106  1.  The division shall prepare quarterly and release for publication or other dissemination a listing of every hospital in the state and its charges for representative services. The listing must include information regarding each hospital’s average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.

      2.  The division shall not disclose or report the details of contracts entered into by a hospital, or disclose or report information pursuant to this section in a manner that would allow identification of an individual payer or other party to a contract with the hospital, except that the division may disclose to other state agencies the details of contracts between the hospital and a related entity. A state agency shall not disclose or report information disclosed to the agency by the division pursuant to this subsection in a manner that would allow identification of an individual payer or other party to a contract with the hospital.

      3.  The division shall report [annually] quarterly to the legislative committee on health care [on or before December 1] regarding the effects of legislation on the costs of health care and on the manner of its provision.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2332 (Chapter 706, AB 577)ê

 

      4.  As used in this section, “related entity” means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.

      Sec. 2.  Chapter 439B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.

      Sec. 3.  “Major hospital” means a hospital in this state which has 200 or more licensed or approved beds, or any hospital in a group of affiliated hospitals in a county which have a combined total of 200 or more licensed or approved beds, that is not operated by a federal, state or local governmental agency.

      Sec. 4.  1.  A major hospital shall reduce or discount the total billed charge by at least 30 percent for hospital services provided to an inpatient who:

      (a) Has no insurance or other contractual provision for the payment of the charge by a third party;

      (b) Is not eligible for coverage by a state or federal program of public assistance that would provide for the payment of the charge; and

      (c) Makes reasonable arrangements within 30 days after discharge to pay his hospital bill.

      2.  A major hospital or patient who disputes the reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 may submit the dispute to the commission for hospital patients for resolution as provided in section 20 of this act.

      3.  A major hospital shall reduce or discount the total billed charge of its outpatient pharmacy by at least 30 percent to a patient who is eligible for Medicare.

      Sec. 4.5.  A major hospital shall not collect or seek to collect the deductible or copayment from a patient who is covered by Medicare and who demonstrates that he is medically indigent, as that term is defined for the purposes of Medicaid coverage for persons in long-term care. The hospital may seek and collect payment for the deductible or copayment from any source other than the patient, including from the supplemental insurance of the patient.

      Sec. 5.  1.  The major hospitals shall jointly establish a foundation for hospital nursing practice to promote and encourage the practice of nursing in hospitals.

      2.  The foundation must be created as a nonprofit entity in compliance with 26 U.S.C. § 501. The governing body of the foundation must consist of one representative of each of the member hospitals and one representative appointed by the governor. The governing body must have authority to establish rules for the administration of the foundation, to establish programs in pursuit of its purpose, and to allocate money for its programs.

      3.  If the foundation is not formed, or ceases to exist, the director shall establish a nonprofit entity to carry out the foundation’s purpose.

      Sec. 6.  The major hospitals shall, in cooperation with the office of the governor, the University of Nevada School of Medicine and organizations representing rural hospitals, develop a program for the provision of technical assistance to rural hospitals in Nevada. The resources required to carry out this program must be determined and provided by the major hospitals.


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ê1991 Statutes of Nevada, Page 2333 (Chapter 706, AB 577)ê

 

      Sec. 7.  The major hospitals shall sponsor an educational program to promote wellness, physical fitness and the prevention of disease and accidents. The program must be:

      1.  Administered and carried out by the participating hospitals; and

      2.  Approved by the director.

      Sec. 8.  NRS 439B.010 is hereby amended to read as follows:

      439B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 439B.020 to 439B.150, inclusive, and section 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 8.5.  NRS 439B.200 is hereby amended to read as follows:

      439B.200  1.  There is hereby established a legislative committee on health care consisting of three members of the senate and three members of the assembly, appointed by the legislative commission. The members must be appointed with appropriate regard for their experience with and knowledge of matters relating to health care.

      2.  No member of the committee may:

      (a) Have a financial interest in a health facility in this state;

      (b) Be a member of a board of directors or trustees of a health facility in this state;

      (c) Hold a position with a health facility in this state in which the legislator exercises control over any policies established for the health facility; or

      (d) Receive a salary or other compensation from a health facility in this state.

This subsection does not prohibit a member of the committee from selling goods which are not unique to the provision of health care to a health facility if the member primarily sells such goods to persons who are not involved in the provision of health care.

      3.  The legislative commission shall select the chairman and vice chairman of the committee from among the members of the committee. Each such officer shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. The chairmanship of the committee must alternate each biennium between the houses of the legislature.

      4.  Any member of the committee who does not return to the legislature continues to serve until the next session of the legislature convenes.

      5.  Vacancies on the committee must be filled in the same manner as original appointments.

      6.  The committee shall report annually to the legislative commission concerning its activities and any recommendations.

      Sec. 9.  NRS 449.510 is hereby amended to read as follows:

      449.510  1.  The director shall prepare and file such summaries, compilations or other supplementary reports based on the information filed with him [under] pursuant to NRS 449.450 to 449.530, inclusive, as will advance the purposes of those sections. All such summaries, compilations and reports are open to public inspection, must be made available to requesting agencies and must be prepared within a reasonable time following the end of each institution’s fiscal year or more frequently as specified by the director. The summaries, compilations and reports must include information regarding each hospital’s average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.


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ê1991 Statutes of Nevada, Page 2334 (Chapter 706, AB 577)ê

 

      2.  The division shall not disclose or report the details of contracts entered into by a hospital, or disclose or report information pursuant to this section in a manner that would allow identification of an individual payer or other party to a contract with the hospital, except that the division may disclose to other state agencies the details of contracts between the hospital and a related entity. A state agency shall not disclose or report information disclosed to the agency by the division pursuant to this subsection in a manner that would allow identification of an individual payer or other party to a contract with the hospital.

      3.  As used in this section, “related entity” means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.

      Sec. 10.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 17, inclusive, of this act.

      Sec. 11.  As used in sections 11 to 17, inclusive, of this act, unless the context otherwise requires:

      1.  “Billed charge” means the total amount charged by a hospital for medical care provided, regardless of the anticipated amount of net revenue to be received or the anticipated source of payment.

      2.  “Hospital” has the meaning ascribed to it in NRS 439B.110.

      3.  “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      4.  “Operating cost” means the expenses of operation of a hospital which the department determines to be an allowable operating expense including:

      (a) All operating expenses allowed by the Health Care Financing Administration for hospitals which receive payments pursuant to a state or federal program to provide assistance to the medically indigent;

      (b) Expenses for capital improvements; and

      (c) Other operating expenses which the department determines to be directly related to the provision of care to patients.

      Sec. 12.  1.  The department is authorized to include in the state plan for assistance to the medically indigent a methodology allowing for maximum compensation or for an increased rate of payment to a hospital for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients. The plan must be consistent with the provisions of sections 11 to 17, inclusive, of this act and Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.), and the regulations adopted pursuant to those provisions.

      2.  Except as otherwise provided in this subsection, a program for increasing reimbursement to teaching hospitals that is directly related to reducing the ratio of students to teachers in health technician programs in the community college system must not be adopted as part of the state plan for assistance to the medically indigent unless first approved by the legislature by concurrent resolution, if the legislature is in regular or special session, or by the interim finance committee. Such a program may be adopted without the approval of the legislature or the interim finance committee if the revenue used to match the amount contributed by the Federal Government is provided from a source other than the Medicaid budget account or the hospital tax account, but must be discontinued if the source of revenue is discontinued.

      Sec. 13.  1.  There is hereby imposed a tax on hospitals at a rate established pursuant to subsection 2.


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ê1991 Statutes of Nevada, Page 2335 (Chapter 706, AB 577)ê

 

      2.  The department shall establish the rate of the tax imposed pursuant to subsection 1, upon approval by the board of the necessary changes to the state plan for assistance to the medically indigent. The rate of the tax must be:

      (a) Not less than 1 percent nor more than 7 percent on the operating costs of a hospital;

      (b) Not less than 1 percent nor more than 4 percent on the billed charges of a hospital;

      (c) Not more than 100 percent of the state share of the amount of Medicaid payments made to a hospital for services provided to inpatients; or

      (d) Any combination of the rates authorized by paragraphs (a), (b) and (c), except that the total amount of the tax must not exceed the amount that would be generated by a tax at the maximum rate allowed by paragraph (a) or (b), whichever is greater.

      3.  The tax must be imposed uniformly on all hospitals and must, except in the case of a tax imposed pursuant to paragraph (c) of subsection 2, be paid monthly. The tax is due within 10 days, excluding Saturdays, Sundays and legal holidays, after notice of the amount of the tax is received by the hospital. A tax imposed pursuant to paragraph (c) of subsection 2 may be paid at the time a Medicaid payment is made to the hospital.

      4.  The proceeds of the tax imposed pursuant to subsection 1 and any interest and penalties imposed on delinquent payments of the tax must be deposited in the state treasury for credit to the hospital tax account in the state general fund. The department of human resources shall administer the account.

      5.  The interest and income earned on money in the hospital tax account, after deducting any applicable charges, must be credited to the account.

      Sec. 14.  1.  The allocations and payments required pursuant to section 15 of this act must be made, to the extent allowed by the state plan for assistance to the medically indigent, from the Medicaid budget account.

      2.  The money in the hospital tax account must be transferred from that account to the Medicaid budget account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount generated by the tax imposed pursuant to section 4 of this act, including the amount contributed by the Federal Government to match that money, exceeds the amount authorized for expenditure by the department for the purposes specified in section 15 of this act, the department is authorized to expend the additional revenue in accordance with the provisions of section 15 of this act.

      Sec. 15.  1.  Before making the payments required or authorized by this section, the department shall allocate money for the administrative costs of the Medicaid program. The amount allocated for administrative costs must not exceed $300,000 in a fiscal year. The interim finance committee may adjust the amount allowed for administrative costs.

      2.  After deducting the amount allocated pursuant to subsection 1, the department shall make payments to each hospital within 30 days after each payment of the tax imposed pursuant to section 4 of this act. Except as otherwise provided in this subsection, the amount paid to a hospital must at least equal the amount of the tax imposed pursuant to section 13 of this act that was paid by the hospital in the preceding month plus $100,000 in each fiscal year.


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ê1991 Statutes of Nevada, Page 2336 (Chapter 706, AB 577)ê

 

fiscal year. If the tax authorized pursuant to paragraph (c) of subsection 2 of section 13 of this act is the only tax imposed pursuant to that subsection, the amount paid to a hospital must at least equal the amount of the tax that was paid by the hospital in the preceding 30 days. If the amount paid to a hospital pursuant to subsection 3 is less than the amount required by this subsection, the difference must be paid from the hospital tax account.

      3.  A hospital may be paid the amount to which it is entitled pursuant to subsection 2, and any amount to which the hospital is entitled in excess of that amount, from the Medicaid budget account:

      (a) If the hospital qualifies pursuant to criteria specified in the state plan for assistance to the medically indigent for compensation or an increased rate of payment for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients;

      (b) Through an increased rate of Medicaid payments to hospitals for services provided to inpatients; or

      (c) Through a combination of the payments authorized by paragraphs (a) and (b).

      4.  In addition to the allocation required by subsection 1 and the payments required by subsections 2 and 3, the department shall use the amount of money that is authorized for expenditure pursuant to subsection 5 to make the required expenditures for:

      (a) The provision of new services that are first required by the Federal Government on or after April 1, 1990;

      (b) The provision of services to persons in categories of eligibility that are first required by the Federal Government to receive coverage for such services on or after April 1, 1990; and

      (c) Increases in the number of persons who are recipients of Medicaid over the number approved by the legislature for the Medicaid budget account.

      5.  Except as otherwise provided in this subsection, the department shall, after making the allocation required by subsection 1, use approximately one-half of the money in the Medicaid budget account that is attributable to the tax imposed pursuant to section 13 of this act, including the amount contributed by the Federal Government to match that money but excluding the amount that represents the amount of the tax itself, for the purposes specified in subsection 3 and one-half for the purposes specified in subsection 4. The proportion of the amount in the Medicaid budget account used for the purposes specified in subsection 3 may be decreased by the department if such a decrease is required for approval of the state plan for assistance to the medically indigent by the Health Care Financing Administration.

      6.  A county or district hospital that borrows money to pay the tax imposed pursuant to section 13 of this act may pledge the amount of money to be paid to the hospital pursuant to this section for payment of the loan.

      Sec. 16.  1.  In addition to any other tax imposed on providers of medical care, there is hereby imposed a tax on the state share of Medicaid payments made to providers of medical care, except for payments to a hospital for services provided to inpatients and payments for long-term care, at a rate established pursuant to subsection 2.


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ê1991 Statutes of Nevada, Page 2337 (Chapter 706, AB 577)ê

 

      2.  The department shall establish the rate of the tax, upon approval by the board of the necessary changes to the state plan for assistance to the medically indigent. The rate of the tax must be not more than 100 percent of the state share of the amount of Medicaid payments made to a provider of medical care, except for payments to a hospital for services provided to inpatients and payments for long-term care. The tax may be imposed at the time a payment is made to a provider. The proceeds of the tax and any interest and penalties imposed on delinquent payments of the tax must be deposited in the state treasury for credit to the Medicaid budget account.

      3.  The money in the Medicaid budget account attributable to the tax and any amount contributed by the Federal Government to match that money:

      (a) Must be used:

             (1) For the administrative costs of the Medicaid program that are related to the tax; and

             (2) To repay the amount of the tax to the providers who pay the tax through an increased rate of reimbursement for services provided to Medicaid patients.

The amount of money remaining after the payments required by subparagraphs (1) and (2) must be used to increase the reimbursement paid to the providers of medical care who paid the tax for services provided to Medicaid patients, in proportion to the amount of tax paid by such providers, or for other expenses of the Medicaid program.

      (b) Is in addition to the amount appropriated or authorized for expenditure by the legislature for that budget account.

      Sec. 17.  1.  The department, through the welfare division, shall adopt regulations concerning:

      (a) Procedures for the collection of the taxes imposed pursuant to sections 13 and 16 of this act.

      (b) Provisions for the payment of a penalty and interest for delinquent payments of the taxes.

      (c) Provisions for the payment of interest by the department for late reimbursements to hospitals or other providers of medical care.

      2.  The department shall report to the interim finance committee quarterly concerning the provisions of sections 9 to 17, inclusive, of this act.

      Secs. 18 and 19.  (Deleted by amendment.)

      Sec. 20.  Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby created within the division a commission for hospital patients.

      2.  The executive director of the commission:

      (a) Is responsible for the operation of the commission.

      (b) Must be appointed by the commissioner, with the approval of the governor.

      (c) Is in the unclassified service of the state.

      (d) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the commission. The employees of the commission are in the classified service of the state.


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ê1991 Statutes of Nevada, Page 2338 (Chapter 706, AB 577)ê

 

      (e) Shall submit a written report quarterly to the department of human resources and the legislative committee on health care concerning the activities of the commission, including, but not limited to, the number of complaints received by the commission, the number and type of disputes heard and arbitrated by the executive director and the outcome of the arbitration.

      3.  The executive director of the commission may, upon request made by either party, hear and arbitrate disputes between patients and hospitals. The executive director may decline to hear a case which in his opinion is trivial, without merit or beyond the scope of his jurisdiction. The executive director may hear and arbitrate disputes regarding:

      (a) The accuracy or amount of charges billed to the patient;

      (b) The reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 of section 4 of this act; and

      (c) Such other matters related to the charges for care provided to a patient as the executive director determines appropriate for arbitration.

      4.  The decision of the executive director is a final decision for the purpose of judicial review.

      5.  Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the commission. On or before July 15 of each year, the director of the department of human resources shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.

      6.  The total amount assessed pursuant to subsection 5 for a fiscal year must be $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.

      7.  The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.

      Sec. 21.  1.  As used in this section:

      (a) “Charge master” means the uniform list of billed charges described in NRS 439B.400, except that the term includes the uniform list of billed charges for units of service or goods provided on an outpatient basis.

      (b) “Department” means the department of human resources.

      (c) “Director” means the director of the department.

      (d) “Hospital” has the meaning ascribed to it in NRS 439B.110.

      (e) “Major hospital” means a hospital which has 200 or more licensed or approved beds, or any hospital in a group of affiliated hospitals in a county which have a combined total of 200 or more licensed or approved beds, that is not operated by a federal, state or local governmental agency.

      (f) “New major hospital” means a hospital that becomes a major hospital, as defined in paragraph (e), on or after July 1, 1991.

      (g) “Revenue neutral” means a change in price made by a hospital that neither increases nor decreases the gross revenue of the hospital.


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ê1991 Statutes of Nevada, Page 2339 (Chapter 706, AB 577)ê

 

      2.  On or before July 1, 1991, each major hospital shall submit to the department a complete charge master for the hospital that will be effective on July 1, 1991. The charge master must be submitted on a computer medium in a form acceptable to the director.

      3.  Except as otherwise provided in subsections 4 to 8, inclusive, during the period from July 1, 1991, through June 30, 1995, no major hospital may:

      (a) Raise the unit price of any item in its charge master.

      (b) Modify the unit to which a price applies unless the change is revenue neutral.

      (c) Replace an existing item in the charge master with a different item or add a new item to its charge master unless the price for the different or new item is approved by the director.

      4.  The director shall by regulation establish a procedure and standards for approving charges for items that:

      (a) Are not stated in the charge master;

      (b) Represent special equipment, supplies or medication ordered by a physician; and

      (c) Are not standard items that the hospital regularly provides,

and for such other unique or unusual items as the director prescribes by regulation. The director shall allow a hospital to use the rate formula that the hospital has in effect on July 1, 1991, for determining charges for such items.

      5.  A major hospital shall notify the department in writing of any modification pursuant to paragraph (b) of subsection 3 or the replacement or addition of an item pursuant to paragraph (c) of subsection 3 not less than 10 days, excluding Saturdays, Sundays and legal holidays, after the modification, replacement or addition. The hospital shall submit with the notice documentation that:

      (a) The modification is revenue neutral; or

      (b) The different or additional item is priced at a level that reflects the same rate of return on the item as the hospital receives on comparable items or received on an item being replaced.

      6.  If the director determines that a modification pursuant to paragraph (b) of subsection 3 is not revenue neutral or that a replacement or addition pursuant to paragraph (c) of subsection 3 exceeds the level allowed pursuant to paragraph (b) of subsection 5, he shall disapprove the proposed charge and notify the hospital of the charge he will allow for the items disapproved. The hospital shall charge the amount approved by the director and shall credit the bill of any patient charged the amount disapproved the difference between the approved charge and the actual charge within 20 days, excluding Saturdays, Sundays and legal holidays, after receiving notice of the disapproval. If the director does not give notice of disapproval pursuant to this subsection within 20 days, excluding Saturdays, Sundays and legal holidays, after receiving notice of the modification, replacement or addition, the modification, replacement or addition shall be deemed approved.

      7.  If any new state or federal taxes are imposed on hospitals between July 1, 1991, and June 30, 1992, except the tax imposed on hospitals pursuant to section 13 of this act and the tax imposed pursuant to section 16 of this act, a major hospital may increase the prices in its charge master by an amount that will generate net revenue sufficient to recover the amount of the added expense.


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ê1991 Statutes of Nevada, Page 2340 (Chapter 706, AB 577)ê

 

expense. Prices may be increased pursuant to this subsection only to compensate for new taxes. Prices must not be increased to correspond with increases in existing taxes, or a modification, reconfiguration or replacement of existing taxes which results in an increased tax burden on a hospital. The director shall by regulation establish the mechanism for carrying out the increase allowed by this subsection.

      8.  At any time during the fiscal years 1992-93, 1993-94 and 1994-95, a major hospital may increase the price of any item on its charge master by a percentage up to the percentage increase, if any, in the Consumer Price Index (Medical Care Component for All Urban Consumers) as published by the Bureau of Labor Statistics of the United States Department of Labor for the most recent 12-month period for which information is available at the time the notice of the allowable increase is given pursuant to subsection 9. A hospital shall notify the director in writing within 10 days, excluding Saturdays, Sundays and legal holidays, after making an increase allowed by this subsection. In addition to the increases authorized by this subsection, a hospital may modify the unit to which a price applies, replace an existing item in the charge master with a different item or add a new item to its charge master during the fiscal years 1992-93, 1993-94 and 1994-95 in the manner provided in subsections 5 and 6.

      9.  On or before May 1, 1992, May 1, 1993, and May 1, 1994, the director shall notify each major hospital of the permissible percentage increase in each item in its charge master for the succeeding fiscal year.

      10.  A major hospital shall submit to the department upon request by the director a detailed listing of charges by the identification code used in the hospital’s charge master for any inpatient admission or outpatient visit on a computer medium in a form acceptable to the director.

      11.  A new major hospital shall submit to the director a complete charge master for the hospital at least 60 days before becoming a major hospital. The charge master must be submitted on a computer medium in a form acceptable to the director. The director shall review, revise as appropriate, and approve the prices in the charge master based upon the prevailing charges in the area in which the new major hospital is located. After approval of the charge master, the hospital is subject to the provisions of this section to the same extent as other major hospitals. The director shall adopt regulations governing the approval of a charge master pursuant to this subsection.

      12.  A major hospital which considers its financial condition so weakened that the quality of care provided by the hospital is seriously jeopardized by any provision of this act may request approval to increase the prices in its charge master by submitting a written request for the increase and supporting documentation to the director. The director shall consider the potential impact on the quality of care provided by the hospital and the probability that failure to grant relief would cause financial instability. The director may approve the request, or revise and approve the request, if he determines that such approval is necessary to ensure the ability of the hospital to provide adequate care to its patients.

      13.  A hospital that submits its charge master for approval pursuant to subsection 11 or requests an increase in its prices pursuant to subsection 12 shall pay the department a fee for its review of the charge master or the request.


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ê1991 Statutes of Nevada, Page 2341 (Chapter 706, AB 577)ê

 

request. The director shall by regulation establish rates or fees for the department’s review of the charge master or the request.

      14.  A hospital shall not:

      (a) Raise a unit price in its charge master unless authorized pursuant to this section;

      (b) Charge a patient a higher price for any item than the price stated in the charge master or otherwise authorized pursuant to this section; or

      (c) Except as authorized pursuant to subsection 4, charge a patient for any item not included in its charge master without seeking the approval of the director as required by subsections 5 and 6.

      15.  The director may compare a major hospital’s actual charges with the charges authorized pursuant to this section to determine whether the hospital’s charges are in compliance with the provisions of this section. If the director determines that a hospital has engaged in a pattern of violations or committed an egregious violation of any provision of this section, he may impose an administrative penalty on the hospital of not more than:

      (a) Two times the difference between the price charged in violation of this section and the allowable price, for each instance in which that item is billed; or

      (b) One thousand dollars,

whichever is greater.

      16.  The director may adopt such regulations as he considers necessary to carry out the provisions of this section.

      Sec. 22.  1.  The costs of monitoring compliance with the provisions of section 21 of this act must be met by an annual assessment of the hospitals with 200 or more licensed or approved beds that are not operated by a local government.

      2.  On or before July 15 of each year, the director of the department of human resources shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.

      3.  The director shall estimate the total cost to the department of human resources, within the limits of legislative authorization, for carrying out the provisions of section 21 of this act in the current fiscal year. The total cost must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.

      4.  The assessment made pursuant to this section may be combined with the assessments made pursuant to sections 20, 23 and 24 of this act.

      Sec. 23.  1.  The director of the department of human resources shall establish a foundation for hospital nursing practice pursuant to section 5 of this act if a foundation is not formed in accordance with subsections 1 and 2 of that section on or before October 31, 1991.

      2.  The director of the department of human resources shall impose upon each hospital subject to the provisions of section 5 of this act an annual assessment for the support of the foundation in the fiscal years 1991-92 and 1992-93. On or before July 15, 1991, and July 15, 1992, the director of the department of human resources shall notify each hospital of its assessment for the fiscal year.


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ê1991 Statutes of Nevada, Page 2342 (Chapter 706, AB 577)ê

 

the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.

      3.  The amount of $250,000 must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.

      4.  The assessment must be made regardless of whether the foundation is formed by the hospitals or the director. If the foundation is formed by the hospitals, the director shall pay the proceeds of the assessment to the foundation.

      Sec. 24.  1.  The cost of the educational program to promote wellness, physical fitness and the prevention of disease established pursuant to section 7 of this act must be met by an annual assessment of the hospitals with 200 or more licensed or approved beds that are not operated by a local government.

      2.  Each hospital which is subject to the provisions of this section shall pay an annual assessment for the support of the program in the fiscal years 1991-92 and 1992-93. On or before July 15, 1991, and July 15, 1992, the director of the department of human resources shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.

      3.  The amount of $100,000 must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. Except as otherwise provided in subsection 4, for each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.

      4.  The director may grant a credit against the assessment made pursuant to subsection 3 for a hospital that establishes its own program to promote wellness, physical fitness and the prevention of disease and accidents, if the program:

      (a) Has received the prior approval of the director; and

      (b) Meets the criteria set forth in section 7 of this act and any regulations adopted to carry out that section.

      Sec. 25.  1.  The department of human resources, through the welfare division, shall develop and propose an amendment to the state plan for assistance to the medically indigent in accordance with section 12 of this act and submit the proposed amendment to the Health Care Financing Administration on or before September 30, 1991. The amendment must propose to:

      (a) Establish a methodology allowing for maximum compensation or for an increased rate of payment to a hospital for treating a disproportionate share of Medicaid patients, indigent patients and other low-income patients;

      (b) Increase the rate of reimbursement to hospitals for treating Medicaid patients; or

      (c) Make some combination of the changes authorized pursuant to paragraphs (a) and (b).

The department of human resources shall implement the proposed amendment on September 30, 1991.


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ê1991 Statutes of Nevada, Page 2343 (Chapter 706, AB 577)ê

 

      2.  The provisions of sections 13, 14 and 15 of this act must be applied retroactively to July 1, 1991, except that:

      (a) The tax authorized pursuant to section 13 of this act must be collected over the first 3 months that the tax is in effect. The tax for the month of July must be collected with the tax for the month of October. The tax for the month of August must be collected with the tax for the month of November. The tax for the month of September must be collected with the tax for the month of December.

      (b) The payments made pursuant to section 15 of this act with respect to the collection of the retroactively imposed tax must be correspondingly allocated over the first 3 months that the tax is in effect.

      3.  Except as otherwise provided in subsections 4 and 5, if the proposed amendment is not approved, the hospitals to which payments are made pursuant to section 15 of this act shall repay to the department:

      (a) The amount paid to the hospital pursuant to the change in the state plan proposed pursuant to subsection 1 for treating a disproportionate share of Medicaid patients, indigent patients and other low-income patients;

      (b) The amount paid to the hospital as a result of the increased rate of reimbursement paid to hospitals pursuant to the change in the state plan proposed pursuant to subsection 1 for treating Medicaid patients; and

      (c) The amount by which the amount guaranteed to be paid to the hospital pursuant to subsection 2 of section 15 of this act exceeds the amount of tax paid by the hospital,

between September 30, 1991, and the date that the proposed amendment is rejected. Payment is due within 30 calendar days after notice of the amount of the required repayment is received by the hospital. Delinquent payments must be accompanied by a penalty of 10 percent of the amount of the payment and interest at the rate of 1.5 percent per month, or fraction thereof, from the date the payment is due until the date the payment is made.

      4.  The repayment, if any, required pursuant to subsection 3 does not include:

      (a) The amount expended by the department for administrative costs.

      (b) Any reimbursement paid to hospitals for treating inpatients pursuant to the state plan for assistance to the medically indigent in effect on June 30, 1991, including increases after that date that would have been made pursuant to the plan in effect on that date.

      (c) Any payment for treating a disproportionate share of Medicaid patients, indigent patients and other low-income patients pursuant to the state plan for assistance to the medically indigent in effect on June 30, 1991.

      5.  If a portion of the proposed amendment is approved and a portion is not approved, the repayment required by subsection 3 is limited to the amount paid to the hospital pursuant to the portion of the proposal that was disapproved.

      6.  There is hereby appropriated from the state general fund to the department of human resources the sum of $150,000 for the administrative costs of proposing the amendment to the state plan for assistance to the medically indigent pursuant to subsection 1 and carrying out the amendment in the fiscal year 1991-92. The department is authorized to expend in the fiscal year 1991-92 not more than $150,000 contributed by the Federal Government to match the amount of the appropriation made by this subsection.


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ê1991 Statutes of Nevada, Page 2344 (Chapter 706, AB 577)ê

 

the amount of the appropriation made by this subsection. If the proposed amendment to the state plan is disapproved, the balance of the appropriation made by this subsection must not be committed for expenditure and reverts to the state general fund as soon as all payments of money committed have been made. The amount appropriated pursuant to this subsection must be repaid to the state general fund from the hospital tax account in the manner provided in subsection 1 of section 15 of this act.

      7.  Notwithstanding any other provision of law to the contrary, the department of human resources may request additional funding from the legislature to replace money included in the budget approved by the legislature in reliance upon the revenue to be generated pursuant to this act that is lost as a result of any change in federal law, regulation or policy that affects the amount of money generated for the state pursuant to the provisions of this act, including the loss of any money included in the budget that was intended to be contributed by the Federal Government to match that amount.

      Sec. 26.  The chairman of the legislative committee on health care for the term of office commencing on July 1, 1991, must be a member of the assembly.

      Sec. 27.  1.  This section and sections 1 to 4, inclusive, 5 to 12, inclusive, and 16 to 26, inclusive, of this act become effective on July 1, 1991.

      2.  Sections 13, 14 and 15 of this act become effective on September 30, 1991.

      3.  Section 4.5 of this act becomes effective upon confirmation by the Federal Government that the deductibles and copayments which a hospital is prohibited from collecting from a patient pursuant to that section are deemed uncollectible for the purposes of federal law.

      4.  Sections 13, 14 and 15 of this act expire by limitation if federal law, regulation or policy causes the department of human resources to be unable to make the payments specified in section 6 of this act from the revenue available for that purpose.

      5.  Section 16 of this act expires by limitation if federal law, regulation or policy causes the department of human resources to be unable to make the payments specified in that section from the revenue available for that purpose.

 

________


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ê1991 Statutes of Nevada, Page 2345ê

 

CHAPTER 707, AB 580

Assembly Bill No. 580–Assemblymen Price, Arberry, Wendell Williams, Evans, Porter, Bache, Petrak, Bennett, Norton, Anderson, Myrna Williams, Haller, Garner, Giunchigliani, Freeman, Wong, Sader and Goetting

CHAPTER 707

AN ACT relating to development projects; requiring the payment of the prevailing wage rate on certain development projects; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 279 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction which is awarded on or after January 1, 1992, by a municipality for work to be done in an urban renewal project.

      Sec. 2.  NRS 279.020 is hereby amended to read as follows:

      279.020  [The terms defined in NRS 279.030 to 279.220, inclusive, wherever used or referred to] As used in NRS 279.030 to 279.380, inclusive, [shall have the meanings set forth in such sections, unless a different meaning is clearly indicated by the context.] and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 279.030 to 279.220, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 279.500 is hereby amended to read as follows:

      279.500  1.  [Before awarding any contract for such work to be done in a project, the agency shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed, for each craft or type of workman needed to execute the contract or work, and shall specify in the call for bids for the contract and in the contract such rate and the general prevailing rate for regular, holiday and overtime work in the locality, for each craft or type of workman needed to execute the contract.

      2.  The contractor to whom the contract is awarded and any subcontractor under him shall pay not less than the specified prevailing rate of wages to all workmen employed in the execution of the contract.] The provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction which is awarded on or after October 1, 1991, by an agency for work to be done in a project.

      2.  If an agency provides property for development at less than the fair market value of the property, or provides financial incentives to the developer with a value of more than $100,000, the agency must provide in the agreement with the developer that the development project is subject to the provisions of NRS 338.010 to 338.090, inclusive, to the same extent as if the agency had awarded the contract for the project. This subsection applies only to the project covered by the agreement between the agency and the developer. This subsection does not apply to future development of the property unless additional financial incentives with a value of more than $100,000 are provided to the developer.


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ê1991 Statutes of Nevada, Page 2346 (Chapter 707, AB 580)ê

 

unless additional financial incentives with a value of more than $100,000 are provided to the developer.

      Sec. 4.  NRS 244A.763 is hereby amended to read as follows:

      244A.763  1.  NRS 244A.669 to 244A.763, inclusive, without reference to other statutes of the state, constitute full authority for the exercise of powers granted in those sections, including but not limited to the authorization and issuance of bonds.

      2.  No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 244A.669 to 244A.763, inclusive, to be done, applies to any proceedings taken [under those sections,] or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.

      3.  The provisions of no other law, either general or local, except as provided in NRS 244A.669 to 244A.763, inclusive, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except:

      (a) As otherwise provided in those sections.

      (b) That a project for the generation and transmission of electricity is subject to review and approval by the state regulatory agencies which have jurisdiction of the matters involved, including without limitation the public service commission of Nevada, the state environmental commission and the state department of conservation and natural resources.

      4.  No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 244A.669 to 244A.763, inclusive, except as provided in those sections.

      5.  A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the [Statutes of Nevada] statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the counties is not applicable to any action taken pursuant to NRS 244A.669 to 244A.763, inclusive [.] , except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the county for work to be done in a project.

      6.  Any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 244A.669 to 244A.763, inclusive, without the necessity of associating with any other person or entity as cofiduciary except that such association is not prohibited.

      7.  The powers conferred by NRS 244A.669 to 244A.763, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.


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ê1991 Statutes of Nevada, Page 2347 (Chapter 707, AB 580)ê

 

imposed by those sections do not affect the powers conferred by any other law.

      8.  No part of NRS 244A.669 to 244A.763, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

      Sec. 5.  NRS 268.568 is hereby amended to read as follows:

      268.568  1.  NRS 268.512 to 268.568, inclusive, without reference to other statutes of the state, [shall] constitute full authority for the exercise of powers granted in [NRS 268.512 to 268.568, inclusive,] those sections, including , but not limited , to the authorization and issuance of bonds . [hereunder.]

      2.  No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 268.512 to 268.568, inclusive, to be done, including , without limitation , the charter of any city, [shall be construed as applying] applies to any proceedings taken [under NRS 268.512 to 268.568, inclusive,] or acts done pursuant to [NRS 268.512 to 268.568, inclusive,] those sections, except for laws to which reference is expressly made in [NRS 268.512 to 268.568, inclusive.] those sections.

      3.  The provisions of no other law, either general or local, except as provided in NRS 268.512 to 268.568, inclusive, [shall] apply to the doing of the things authorized in NRS 268.512 to 268.568, inclusive, to be done, and no board, agency, bureau, commission or official not designated in [NRS 268.512 to 268.568, inclusive, shall have] those sections has any authority or jurisdiction over the doing of any of the acts authorized in [NRS 268.512 to 268.568, inclusive,] those sections to be done, except as otherwise provided in [NRS 268.512 to 268.568, inclusive.] those sections.

      4.  No notice, consent or approval by any public body or officer thereof [shall] may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 268.512 to 268.568, inclusive, except as provided in [NRS 268.512 to 268.568, inclusive.] those sections.

      5.  A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the [Statutes of Nevada] statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the cities is not applicable to any action taken pursuant to NRS 268.512 to 268.568, inclusive [.

      6.  Any] , except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the city for work to be done in a project.

      6.  Notwithstanding the provisions of NRS 662.245 or any other specific statute to the contrary, any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 268.512 to 268.568, inclusive, without the necessity of associating with any other person or entity as cofiduciary [(but such association shall not be hereby prohibited), any other law, including NRS 662.245, to the contrary notwithstanding.]


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ê1991 Statutes of Nevada, Page 2348 (Chapter 707, AB 580)ê

 

and projects financed pursuant to NRS 268.512 to 268.568, inclusive, without the necessity of associating with any other person or entity as cofiduciary [(but such association shall not be hereby prohibited), any other law, including NRS 662.245, to the contrary notwithstanding.] , except that such association is not prohibited.

      7.  The powers conferred by NRS 268.512 to 268.568, inclusive, [shall be] are in addition and supplemental to, and not in substitution for, and the limitations imposed by [NRS 268.512 to 268.568, inclusive, shall] those sections do not affect the powers conferred by any other law.

      8.  No part of NRS 268.512 to 268.568, inclusive, [shall repeal or affect] repeals or affects any other law or part thereof, except to the extent that [NRS 268.512 to 268.568, inclusive,] those sections are inconsistent with any other law, it being intended that [NRS 268.512 to 268.568, inclusive, shall] those sections provide a separate method of accomplishing its objectives, and not an exclusive one . [; and NRS 268.512 to 268.568, inclusive, shall not be construed as repealing, amending or changing any such other law except to the extent of such inconsistency.]

      Sec. 6.  NRS 349.670 is hereby amended to read as follows:

      349.670  1.  NRS 349.400 to 349.670, inclusive, without reference to other statutes of the state, constitute full authority for the exercise of powers granted in those sections, including but not limited to the authorization and issuance of bonds.

      2.  No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 349.400 to 349.670, inclusive, to be done, [apply] applies to any proceedings taken [under those sections,] or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.

      3.  The provisions of no other law, either general or local, except as provided in NRS 349.400 to 349.670, inclusive, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.

      4.  A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 349.400 to 349.670, inclusive [.] , except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the director for work to be done in a project.

      5.  Any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 349.400 to 349.670, inclusive, without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2349 (Chapter 707, AB 580)ê

 

financed pursuant to NRS 349.400 to 349.670, inclusive, without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.

      6.  The powers conferred by NRS 349.400 to 349.670, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.

      7.  No part of NRS 349.400 to 349.670, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

      8.  The director or a person designated by him may take any actions and execute and deliver any instruments, contracts, certificates and other documents, including the bonds, necessary or appropriate for the sale and issuance of the bonds or accomplishing the purposes of NRS 349.400 to 349.670, inclusive, without the assistance or intervention of any other officer.

      Sec. 7.  NRS 349.956 is hereby amended to read as follows:

      349.956  A water project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 349.935 to 349.961, inclusive [.] , except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the director or a municipality for work to be done in a water project.

      Sec. 8.  NRS 279.502 and 279.504 are hereby repealed.

 

________

 

 

CHAPTER 708, AB 607

Assembly Bill No. 607–Assemblymen Myrna Williams, Giunchigliani, McGinness, Arberry, Wendell Williams, Price, Humke, Bergevin, Spriggs, Porter, McGaughey, Sader and Callister

CHAPTER 708

AN ACT relating to medical records; requiring a medical facility, facility for the dependent or division facility to forward a copy of the medical records of patients who are transferred to a physician or another medical facility, facility for the dependent or division facility; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2350 (Chapter 708, AB 607)ê

 

      1.  If a patient in a medical facility or facility for the dependent is transferred to another medical facility or facility for the dependent, a division facility or a physician licensed to practice medicine, the facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the other medical facility or facility for the dependent, the division facility or the physician. The facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.

      2.  As used in this section:

      (a) “Division facility” has the meaning ascribed to it in NRS 433.094.

      (b) “Medical records” includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.

      Sec. 2.  NRS 449.720 is hereby amended to read as follows:

      449.720  Every patient of a medical facility or facility for the dependent has the right to:

      1.  Receive considerate and respectful care.

      2.  Refuse treatment to the extent permitted by law and to be informed of the consequences of that refusal.

      3.  Refuse to participate in any medical experiments conducted at the facility.

      4.  Retain his privacy concerning his program of medical care. Discussions of patient’s care, consultation with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient, except as otherwise provided in NRS 108.640 [and] , section 1 of this act chapter 629 of NRS, are confidential. The patient must consent to the presence of any person who is not directly involved with his care during any examination, consultation or treatment.

      5.  Have any reasonable request for services reasonably satisfied by the facility considering its ability to do so.

      6.  Receive continuous care from the facility. The patient must be informed:

      (a) Of his appointments for treatment and the names of the persons available at the facility for those treatments; and

      (b) By his physician or an authorized representative of the physician, of his need for continuing care.

      Sec. 3.  NRS 458.055 is hereby amended to read as follows:

      458.055  1.  To preserve the confidentiality of any information concerning persons applying for or receiving any services under this chapter, the bureau may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the bureau.

      2.  Wherever information concerning persons applying for and receiving any services under this chapter is furnished to or held by any other government agency or a public or private institution, the use of such records by such agency or institution shall be bound by the confidentiality rules of the bureau.

      3.  Except as otherwise provided in section 1 of this act and chapter 629 of NRS and except for purposes directly connected with the administration of this chapter, [no person may] a person shall not disclose, use or permit to be disclosed, any confidential information concerning a person receiving services under the provisions of this chapter.


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ê1991 Statutes of Nevada, Page 2351 (Chapter 708, AB 607)ê

 

disclosed, any confidential information concerning a person receiving services under the provisions of this chapter.

      Sec. 4.  NRS 458.280 is hereby amended to read as follows:

      458.280  1.  Except as otherwise provided in subsection 2 [and in] , section 1 of this act and chapter 629 of NRS, the registration and other records of a treatment facility are confidential and must not be disclosed to any person not connected with the treatment facility without the consent of the patient.

      2.  The provisions of subsection 1 do not restrict the use of a patient’s records for the purpose of research into the causes and treatment of alcoholism if such information is not published in a way that discloses the patient’s name or other identifying information.

      Sec. 5.  Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a patient in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the other division facility or to the medical facility, the facility for the dependent or the physician. The division facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.

      2.  As used in this section, “medical records” includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.

      Sec. 6.  NRS 433A.360 is hereby amended to read as follows:

      433A.360  1.  A clinical record for each client must be diligently maintained by any division facility or private institution or facility offering mental health services. The record must include information pertaining to the client’s admission, legal status, treatment and individualized plan for habilitation. The clinical record is not a public record and no part of it may be released, except:

      (a) The record must be released to physicians, attorneys and social agencies as specifically authorized in writing by the client, his parent, guardian or attorney.

      (b) The record must be released to persons authorized by the order of a court of competent jurisdiction.

      (c) The record or any part thereof may be disclosed to a qualified member of the staff of a division facility, an employee of the division or a member of the staff of an agency in Nevada which has been established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. §§ 6041 et seq.) or the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. §§ 10801 et seq.) when the administrator deems it necessary for the proper care of the client.

      (d) Information from the clinical records may be used for statistical and evaluative purposes if the information is abstracted in such a way as to protect the identity of individual clients.

      (e) To the extent necessary for a client to make a claim, or for a claim to be made on behalf of a client for aid, insurance or medical assistance to which he may be entitled, information from the records may be released with the written authorization of the client or his guardian.


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ê1991 Statutes of Nevada, Page 2352 (Chapter 708, AB 607)ê

 

may be entitled, information from the records may be released with the written authorization of the client or his guardian.

      (f) The record must be released without charge to any member of the staff of an agency in Nevada which has been established pursuant to 42 U.S.C. §§ 6041 et seq. or 42 U.S.C. §§ 10801 et seq. if:

             (1) The client is a client of that office and he or his legal representative or guardian authorizes the release of the record; or

             (2) A complaint regarding a client was received by the office or there is probable cause to believe that the client has been abused or neglected and the client:

             (I) Is unable to authorize the release of the record because of his mental or physical condition; and

             (II) Does not have a guardian or other legal representative or is a ward of the state.

      (g) The record must be released as provided in section 5 of this act and in chapter 629 of NRS.

      2.  As used in this section, “client” includes any person who seeks, on his own or others’ initiative, and can benefit from care, treatment and training in a private institution or facility offering mental health services.

 

________

 

 

CHAPTER 709, AB 661

Assembly Bill No. 661–Assemblymen Pettyjohn, Hardy, Scherer, Bayley, Price, Humke, McGinness, Garner, Stout, Marvel, Gibbons, Arberry, Elliott, Petrak, Wong, McGaughey, Spitler, Haller, Lambert, Bergevin, Anderson, Heller, Spriggs, Norton, Carpenter, Evans, Goetting and Dini

CHAPTER 709

AN ACT making appropriations to Clark and Washoe counties for fairgrounds located in those counties; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to Clark County the sum of $100,000 for completion of the construction of the fairgrounds for the Clark County fair.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after completion of the project and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 2.  1.  There is hereby appropriated from the state general fund to Washoe County the sum of $100,000 for activities and facilities at the Washoe County Fair Grounds.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.


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ê1991 Statutes of Nevada, Page 2353 (Chapter 709, AB 661)ê

 

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 710, AB 691

Assembly Bill No. 691–Assemblymen McGinness, Dini, Carpenter, Stout, Marvel, Bergevin, Spriggs and Spitler

CHAPTER 710

AN ACT relating to motor vehicles; revising the provisions governing the registration fees for farm vehicles; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Farm vehicle” means any vehicle or combination of vehicles which is:

      1.  Controlled and operated by a farmer or rancher;

      2.  Used to transport his own livestock, agricultural products, or ranch or farm machinery or supplies to or from a ranch or farm; and

      3.  Not used in the operation of a common or contract carrier.

      Sec. 3.  The department shall adopt regulations establishing the criteria to be used to determine whether a person is a farmer or rancher for the purposes of section 2 of this act and NRS 706.071. A person must present appropriate evidence to allow the department to make the determination that he satisfies the criteria set forth in the regulations.

      Sec. 4.  NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 482.023 is hereby amended to read as follows:

      482.023  “Declared gross weight” means the maximum gross weight at which a motor vehicle or combination of vehicles will be operated, except the term does not include the weight of:

      1.  Another vehicle which is being carried or towed by a tow car, as that term is defined in NRS 706.131;

      2.  Implements of husbandry;

      3.  A trailer or other towed vehicle which is not used for a commercial enterprise;

      4.  Towable tools or equipment, as that term is defined in NRS 484.202; or

      5.  [A trailer which is:

      (a) Controlled and operated by a farmer or rancher;

      (b) Used to transport livestock, agricultural products, or ranch or farm machinery or supplies to or from a ranch or farm; and

      (c) Not used in the operation of a common or contract carrier.] The load on a farm vehicle which has an unladen weight of 10,000 pounds or more.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2354 (Chapter 710, AB 691)ê

 

      Sec. 6.  NRS 706.058 is hereby amended to read as follows:

      706.058  “Declared gross weight” means the maximum gross weight at which the vehicle or combination of vehicles will be operated, except the term does not include the weight of:

      1.  Another vehicle which is being carried or towed by a tow car;

      2.  Implements of husbandry;

      3.  A trailer or other towed vehicle which is not used for a commercial enterprise;

      4.  Towable tools or equipment, as that term is defined in NRS 484.202; or

      5.  [A trailer which is:

      (a) Controlled and operated by a farmer or rancher;

      (b) Used to transport livestock, agricultural products, or ranch or farm machinery or supplies to or from a ranch or farm; and

      (c) Not used in the operation of a common or contract carrier.] The load on a farm vehicle which has an unladen weight of 10,000 pounds or more.

      Sec. 7.  NRS 706.071 is hereby amended to read as follows:

      706.071  “Farm vehicle” means any vehicle or combination of vehicles [used exclusively to transport livestock and farm products raised, grown and owned by the operator of such vehicle, and for transportation of merchandise and supplies of such operator for his own use.] which is:

      1.  Controlled and operated by a farmer or rancher;

      2.  Used to transport his own livestock, agricultural products, or ranch or farm machinery or supplies to or from a ranch or farm; and

      3.  Not used in the operation of a common or contract carrier.

      Sec. 8.  This act becomes effective upon passage and approval for the purpose of adopting regulations pursuant to section 3 of this act and on January 1, 1992, for all other purposes.

 

________

 

 

CHAPTER 711, AB 701

Assembly Bill No. 701–Committee on Government Affairs

CHAPTER 711

AN ACT relating to retirement; revising the provisions governing the retirement systems of public officers and employees and legislators to ensure compliance with certain provisions of the Internal Revenue Code; allowing a member of the public employees’ retirement board to complete his term on the board if he loses the qualifications for membership near end of his term; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  Notwithstanding any other provision of law, every distribution to a member must be made pursuant to the provisions of section 401(a)(9) of the Internal Revenue Code (26 U.S.C.


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ê1991 Statutes of Nevada, Page 2355 (Chapter 711, AB 701)ê

 

Internal Revenue Code (26 U.S.C. § 401(a)(9)), as that section existed on the effective date of this act, that apply to governmental plans.

      Sec. 3.  Notwithstanding any other provision of law, the amount of compensation used to determine the retirement benefit of a member of the system must not exceed the limitation provided by section 401(a)(17) of the Internal Revenue Code (26 U.S.C. § 401(a)(17)), as that section existed on the effective date of this act.

      Sec. 4.  1.  The election provided by section 415(b)(10)(C) of the Internal Revenue Code (26 U.S.C. § 415(b)(10)(C)) is hereby made.

      2.  Notwithstanding any other provision of this chapter, the benefits payable to and the contributions made by or for the benefit of an employee whose effective date of membership is on or after January 1, 1990, are limited pursuant to the provisions of sections 415(b), 415(c) and 415(e) of the Internal Revenue Code (26 U.S.C. §§ 415(b), 415(c) and 415(e)), as those sections existed on the effective date of this act. The provisions of section 415(b)(2)(F) of the Internal Revenue Code (26 U.S.C. § 415(b)(2)(F)) do not apply to the benefits of such an employee.

      3.  Notwithstanding any other provision of law, if an employee whose effective date of membership is on or after January 1, 1990, is a member of the system and a member of the legislators’ retirement system, the benefits payable to him from both plans are limited pursuant to this section. His benefits from the plan providing the greater benefit must be reduced if the benefits from both plans exceed the limitations of this section.

      Sec. 5.  The benefits payable to an employee whose effective date of membership is before January 1, 1990, must not be less than his accrued benefits determined without regard to any amendment of the system made after October 14, 1987.

      Sec. 6.  Forfeitures must not be applied to increase the benefits any member would otherwise receive pursuant to the provisions governing the system as provided by section 401(a)(8) of the Internal Revenue Code (26 U.S.C. § 401(a)(8)), as that section existed on the effective date of this act.

      Sec. 7.  1.  The board shall not change the actuarial assumptions used in computing the benefits provided to a member.

      2.  The board shall make available to every member upon request the actuarial assumptions used in computing the benefits provided to a member.

      Sec. 7.5.  NRS 286.130 is hereby amended to read as follows:

      286.130  1.  Three members of the board must be persons who:

      (a) Have had at least 10 years of service as employees of the State of Nevada or its political subdivisions;

      (b) Are not elected officers of the State of Nevada or its political subdivisions;

      (c) Are active members of the system; and

      (d) Are appointed from written nominations submitted by the following groups:

             (1) Employees of the state and the university of Nevada System;

             (2) The academic staff of school districts;

             (3) Employees of cities, excluding Carson City;

             (4) Employees of counties, including Carson City and excluding employees of county hospitals;


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ê1991 Statutes of Nevada, Page 2356 (Chapter 711, AB 701)ê

 

             (5) Employees of county hospitals, public utilities, power districts, sanitation districts, classified school employees and employees of other districts as determined by the board; and

             (6) Employees whose current positions entitle them to participate in the policy and firemen’s retirement fund.

Each nominee must be a member of the group or organization that is nominating him.

      2.  Two members of the board must be persons who:

      (a) Have had at least 10 years of service as employees of the State of Nevada or its political subdivisions;

      (b) Are not elected officers of the State of Nevada or its political subdivisions;

      (c) Are active members of the system; and

      (d) Are appointed from written nominations submitted by the following groups:

             (1) Administrators of school districts or members of boards of trustees of school districts; and

             (2) Members of boards of county commissioners or the governing bodies of cities or administrators of counties or cities.

      3.  One member of the board must be a person who:

      (a) Is an employee of the State of Nevada or its political subdivisions with at least 10 years of service;

      (b) Is serving in a position at least equivalent to the manager of a department or division;

      (c) Is not an elected officer of the State of Nevada or its political subdivisions; and

      (d) Is an active member of the system.

      4.  One member of the board must be a person who:

      (a) Has had at least 10 years of service as an employee of the State of Nevada or its political subdivisions;

      (b) Is not an elected officer of the State of Nevada or its political subdivisions; and

      (c) Is receiving an allowance for service or disability retirement pursuant to this chapter.

      5.  A member of the board shall serve for 4 years, so long as he has the qualifications required by this section, and until his successor is appointed and takes office. A member of the board who no longer has the qualifications specified in the subsection under which he was appointed may serve the remainder of his term if the member loses those qualifications in the final 24 months of his term.

      Sec. 8.  NRS 286.230 is hereby amended to read as follows:

      286.230  1.  The board shall establish a fund known as the public employees’ retirement administrative fund in which must be deposited all administrative fees.

      2.  The board shall fix an administrative fee per capita sufficient to pay the operating expense of the system. [The] Except as otherwise provided by section 38 of this act, the system shall transfer monthly from the respective retirement funds to the public employees’ retirement administrative fund the amount of the per capita fee multiplied by the combined number of members and persons receiving allowances from that fund.


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ê1991 Statutes of Nevada, Page 2357 (Chapter 711, AB 701)ê

 

amount of the per capita fee multiplied by the combined number of members and persons receiving allowances from that fund.

      3.  The board may establish a separate and additional administrative fee for police officers and firemen and their public employers to pay the additional expense of maintaining a separate fund and to pay the actual and necessary travel expenses and other expenses, within the limits established by the board, for meetings of the police and firemen’s retirement fund advisory committee.

      Sec. 9.  NRS 286.300 is hereby amended to read as follows:

      286.300  Except as otherwise required as a result of section 4 of this act:

      1.  Any member of the system may purchase all previous creditable service performed with his present employing agency if that service was performed before the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the full actuarial cost as determined by the actuary.

      2.  In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who has 5 years of creditable service may purchase up to 5 years of service. The member must pay the full actuarial cost of the service as determined by an actuary of the system.

      Sec. 10.  NRS 286.3005 is hereby amended to read as follows:

      286.3005  A state agency may purchase credit for service on behalf of a member only as provided in NRS 286.3007. [Any] Except as otherwise required as a result of section 4 of this act, any other public employer may pay any portion of the cost to purchase credit for service under NRS 286.300, but is not required to do so. No credit may be validated unless the cost of purchasing credit has been paid.

      Sec. 11.  NRS 286.3007 is hereby amended to read as follows:

      286.3007  Except as otherwise required as a result of section 4 of this act:

      1.  A state agency shall pay the cost of purchasing credit for service pursuant to NRS 286.300 on behalf of a member if:

      (a) The agency entered into an agreement with the member under which the member was employed upon the condition that the employer pay the cost of purchasing the credit; and

      (b) The agreement to purchase the credit is in writing, becomes part of the personnel records of the employee and is approved in advance by the state board of examiners.

      2.  If a state agency is required to purchase credit pursuant to subsection 1, it shall not do so until the member has completed 1 year of service in its employ.

      3.  If a state agency is required to reduce the number of its employees, it shall purchase credit for service pursuant to NRS 286.300 for any member who:

      (a) Is eligible to purchase credit;

      (b) Is eligible to retire or will be made eligible by the purchase of the credit;

      (c) Agrees to retire upon completion of the purchase; and

      (d) Has been employed by the agency for 5 or more years.


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ê1991 Statutes of Nevada, Page 2358 (Chapter 711, AB 701)ê

 

      4.  If a state agency is required to purchase credit pursuant to subsection 3, it shall pay 5 percent of the cost of purchasing the credit and an additional 5 percent of the cost for each year that the person has been employed by the agency in excess of the minimum requirement of 5 years.

      Sec. 12.  NRS 286.310 is hereby amended to read as follows:

      286.310  1.  Employees of the state or any of its political subdivisions who are required by federal law to participate in a federal retirement system may not become or remain members of the retirement system established by this chapter, except:

      (a) Persons employed by the state or any of its political subdivisions before July 1, 1967, who:

             (1) Were required to participate in both systems; and

             (2) Filed a written statement with the board within 30 days after July 1, 1967, electing to retain their service credit in the retirement system established by this chapter.

      (b) Employees of the agricultural extension service of the college of agriculture of the University of Nevada who were continued in dual membership in both systems after July 1, 1967. These employees:

             (1) May continue their membership in the retirement system established by this chapter until they respectively complete 23 years of simultaneous service while employed with the agricultural extension service; and

             (2) Are entitled to benefits earned in the retirement system established by this chapter whether or not they receive or have received credit in the federal retirement system for the same period of time and service.

      (c) Any other employees who are authorized by the board to participate in the system and a federal retirement system.

      2.  Persons required by federal law to participate in the federal retirement system may apply for a refund of contributions to the retirement system established by this chapter at any time when they are not covered by that system, and if they subsequently reenter the retirement system established by this chapter as provided in subsection 3 they may repay the withdrawn contributions in the manner provided in this chapter.

      3.  [When] Except as otherwise required as a result of section 4 of this act, when an employee of an agency or political subdivision of the State of Nevada who has been required by federal law to participate in the federal retirement system is transferred within the same agency or political subdivision to a position not covered by the federal retirement system he must become a member of the retirement system established by this chapter and is entitled to purchase credit for previous service rendered for the same agency or political subdivision under the retirement system established by this chapter.

      4.  Except as otherwise provided in subsection 1 , [of this section,] it is the intent of this section to prohibit coverage under two retirement systems for the same period of time and service but also to assure that all eligible service rendered to the same agency of the State of Nevada or a political subdivision thereof [shall be] is given retirement coverage under one of the two systems.

      Sec. 13.  NRS 286.365 is hereby amended to read as follows:

      286.365  1.  Notwithstanding the provisions of any other section of this chapter, the Nevada National Guard shall be [regarded as] deemed an employing agency of the State of Nevada for the purpose of membership of the civilian employees of the Nevada National Guard in the system.


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ê1991 Statutes of Nevada, Page 2359 (Chapter 711, AB 701)ê

 

employing agency of the State of Nevada for the purpose of membership of the civilian employees of the Nevada National Guard in the system.

      2.  [Membership of such] Except as otherwise required as a result of section 4 of this act, the membership of the civilian employees of the Nevada National Guard in the system may be retroactive at the option of the individual employee upon payment of all employee contributions for prior service. Contributions for prior service may be paid as provided in NRS 286.440.

      3.  No civilian employee of the Nevada National Guard [shall be] is entitled to become or continue as a member of the system if he has or obtains retirement coverage for his position as [such] a civilian employee under a retirement program administered by the United States Government, to the end that no dual coverage [shall result.] results.

      Sec. 14.  NRS 286.367 is hereby amended to read as follows:

      286.367  1.  The volunteers of a regularly organized and recognized fire department may, by the joint application of a majority of those volunteers addressed to the board, become members of the system. A volunteer fireman who joins a fire department of which all the volunteers have become members of the system becomes a member of the system. The volunteers of a participating fire department may withdraw from the system by the joint application of a majority of those volunteers addressed to the board.

      2.  The city, town, county or district which recognizes the volunteers is the public employer and shall collect and pay over the employee’s share and pay the employer’s share of the contribution to the public employees’ retirement fund and the public employees’ retirement administrative fund, in the manner prescribed in this chapter. The local government may, if so requested by the volunteers, further contribute any amount by which the sum receivable by each volunteer for any month is less than the amount of his required share of the contribution, but no [such] further contributions may be placed in a volunteer’s account with the system or refunded to a volunteer or his employer upon [that] the volunteer’s termination.

      3.  In determining the amount of contributions to be paid for [such] the volunteers, they are assumed to be receiving a wage established by the local government which is not less than $150 nor more than $750 per month.

      4.  [The] Except as otherwise required as a result of section 3 or 4 of this act, the average compensation for a volunteer fireman is the weighted average of:

      (a) The assumed wage as a volunteer fireman; and

      (b) The average salary in other covered employment which, if the service in that employment exceeds 3 years, is calculated upon the 3 highest consecutive years.

The weight given to the assumed wage and average salary, respectively, is proportionate to the length of service in each capacity. [Average] Except as otherwise required as a result of section 3 or 4 of this act, average compensation is computed from the sum of the assumed wage and actual salary if a member is employed simultaneously as a volunteer fireman and as a regular member.

      5.  Any dispute over the status of a person as a volunteer fireman under this section must be conclusively determined by the board.


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ê1991 Statutes of Nevada, Page 2360 (Chapter 711, AB 701)ê

 

      6.  A volunteer fireman may purchase all previous service as a volunteer fireman with any volunteer fire department which is a member of the system. To validate such service, the volunteer fireman must pay the full cost as determined by the actuary. The employing agency may pay the employer’s share of the cost but is not required to do so.

      7.  In addition to the purchase authorized pursuant to the provisions of subsection 6, a volunteer fireman who has 5 years creditable service as a volunteer fireman may purchase up to 5 years of service to add to his volunteer service. The member must pay the full actuarial cost of the service as determined by an actuary of the system.

      Sec. 15.  NRS 286.391 is hereby amended to read as follows:

      286.391  1.  A public employee on leave to work for a recognized employee or employer association may remain a member of the system if retirement contributions to the system are continued.

      2.  When an employee on leave continues to be a member of the system, the public employer from whom the employee is on leave shall include the payment of the contributions and all other required information on his regular monthly retirement report as provided in NRS 286.460. The public employer is not required to pay the employer contribution.

      3.  [For] Except as otherwise required as a result of section 3 or 4 of this act, for the purposes of this section, “compensation” shall be deemed to be the salary paid for the position from which the employee is on leave.

      4.  [Any] Except as otherwise required as a result of section 4 of this act, any member of the system may purchase credit for any period on or after July 1, 1947, for which contributions were not paid, which qualifies under this section. The member must pay the full actuarial costs determined by the actuary.

      Sec. 16.  NRS 286.435 is hereby amended to read as follows:

      286.435  Except as otherwise required as a result of section 4 of this act:

      1.  Any member whose employment is involuntarily terminated and who is thereafter reinstated retroactively to employment with a participating public employer by order of any administrative or judicial authority, or by the terms of any settlement agreement, shall pay to the system:

      (a) Any employee contributions which were refunded to him;

      (b) Any service or disability allowance which was paid to him;

      (c) All employee contributions which would have been made on the back pay awarded to him; and

      (d) The interest on any amount due from the date on which:

             (1) He received the money to be repaid pursuant to paragraph (a) or (b); and

             (2) Each contribution would have been made on the money due pursuant to paragraph (c),

to the date of payment at the assumed investment income rate used in the most recent actuarial valuation of the system.

      2.  The employer shall deduct from any back pay awarded or granted to the member all money due pursuant to subsection 1 and forward this amount to the system. If the amount of back pay awarded or granted to the member is not sufficient to pay all of the money due pursuant to subsection 1, the member shall pay any balance due to the system under a reasonable plan for payment established by the system.


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ê1991 Statutes of Nevada, Page 2361 (Chapter 711, AB 701)ê

 

member shall pay any balance due to the system under a reasonable plan for payment established by the system.

      3.  Upon receipt by the system of the full amount due pursuant to subsection 1, the member is entitled to all the membership rights and service credit which were canceled by his involuntary termination.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  NRS 286.460 is hereby amended to read as follows:

      286.460  1.  Each participating public employer which pays compensation to its officers or employees in whole or in part from money received from sources other than money appropriated from the state general fund, shall pay public employer contributions, or the proper portion thereof, to the system from the money of the department, board, commission or agency.

      2.  Public employer contributions for compensation paid from the state general fund must be paid directly by each department, board, commission or other agency concerned, and allowance therefor must be made in the appropriation made for each [such] department, board, commission or other state agency.

      3.  All participating public employers that are required to make payments pursuant to this section shall file payroll reports not later than 15 days after the end of the reporting period, together with the remittance of the amount due to the system. The 15-day limit is extended 1 working day for each legal holiday that falls within the 15-day period and is officially recognized by the public employer.

      4.  Payroll reports must contain information deemed necessary by the board. If the payroll reports are not filed or the amounts due are not remitted within the time provided, a penalty of 4 percent more than the prime rate of interest as published in the Wall Street Journal (Western Edition) for the first date the payment or report becomes delinquent prorated for the period delinquent, on the unpaid balance due must be assessed at the time of receipt of the payment or report.

      5.  A notice of the penalty assessed must be mailed by certified mail to the chief administrator of the delinquent public employer. The public employer shall pay the assessment within 90 days after receipt of the notice or an additional penalty of 1 percent of the assessment per month must be imposed until paid. Refusal or failure by the public employer to pay the assessment within 12 months after receipt is a misdemeanor on the part of the chief administrator of the delinquent public employer. The retirement board may accept , no later than 30 days after the notice is received, an appeal from a public employer for waiver or reduction of a penalty assessed on account of extenuating circumstances and make any adjustment it deems necessary.

      6.  [Upon] Except as otherwise required as a result of section 4 of this act, upon notification that a current employee was not properly enrolled in the system by the public employer, the public employer shall pay within 90 days all the employee and employer contributions and the interest that is due as computed by the system from the first day the employee was eligible for membership. The public employer is entitled to recover from the employee the employee contributions and interest thereon.


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ê1991 Statutes of Nevada, Page 2362 (Chapter 711, AB 701)ê

 

      7.  As used in this section, “reporting period” means the calendar month for which members’ compensation and service credits are reported and certified by participating public employers. Compensation paid during each month must be reported separately, and retroactive salary increases must be identified separately for each month to which they apply.

      Sec. 19.  NRS 286.465 is hereby amended to read as follows:

      286.465  1.  Except as limited by subsection 2, if the increase in taxable revenue for a particular year as compared to 1983 is:

      (a) At least 10 percent but less than 15 percent, the total rate of contribution to both the public employees’ retirement fund and the police and firemen’s retirement fund increases above the rate for 1983 by 1 percent of compensation.

      (b) At least 15 percent but less than 17.5 percent, the rate increases above the rate for 1983 by 2 percent of compensation.

The rate of contribution further increases by 1 percent of compensation for each additional 2.5 percent of increase in taxable revenue for a calendar year as compared to 1983. Any increase pursuant to this section is effective on the first day of the first reporting period for payroll commencing after July 1 of the year following the year which is compared to 1983.

      2.  Rates of contribution must not increase:

      (a) More than 1 percent per year.

      (b) Beyond the level which is actuarially computed to be sufficient to pay for the allowances and benefits provided by this chapter.

      (c) Beyond the level permitted as a result of section 4 of this act.

      3.  The number of percent by which the rate would increase but for the limitation prescribed by paragraph (a) of subsection 2 must be accumulated and applied in the next succeeding years in which the rate would not otherwise be increased pursuant to subsection 1, subject to the limitations in subsection 2.

      4.  As used in this section, “increase in taxable revenue for a particular year as compared to 1983” means the percentage by which the sum of taxable:

      (a) Retail sales;

      (b) Storage, use or consumption of tangible personal property; and

      (c) Gross revenue of gaming licensees,

for that calendar year exceeds that sum for the calendar year 1983, excluding sales, storage, use, consumption and revenue which are taxed because the scope of the tax was expanded after 1983.

      5.  Each year the department of administration shall determine and the legislative auditor shall verify the increase in taxable revenue for that year as compared to 1983.

      Sec. 20.  NRS 286.470 is hereby amended to read as follows:

      286.470  1.  [Average] Except as otherwise required as a result of section 3 or 4 of this act, average compensation for service performed as a county commissioner, councilman or mayor [shall] must be calculated as follows for those members whose effective date of retirement is after May 19, 1975:

      (a) Service retirement allowance for elective service [shall] must be computed on the basis of the highest 36 consecutive months of elective service multiplied by the percentage of average compensation earned during such service.


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ê1991 Statutes of Nevada, Page 2363 (Chapter 711, AB 701)ê

 

multiplied by the percentage of average compensation earned during such service.

      (b) Service retirement allowance for regular service [shall] must be computed on the basis of the highest 36 consecutive months of regular service multiplied by the percentage of average compensation earned during such service.

      (c) The service retirement allowances for elective service and for regular service are added together to provide the total unmodified service retirement allowance earned by the member.

      (d) Average compensation for service before July 1, 1977, is computed from the sum of both salaries when a member is employed simultaneously as a regular member and as a county commissioner, councilman or mayor.

      2.  A member who has service as a county commissioner, councilman or mayor may, upon retirement, waive such service and have his allowances computed as a regular member.

      Sec. 21.  NRS 286.477 is hereby amended to read as follows:

      286.477  1.  [An] Except as otherwise required as a result of section 4 of this act, an employee may receive full service credit for part-time employment if:

      (a) The employee and his employer enter into an agreement covering his part-time employment and the agreement is approved by the board;

      (b) The employee will have reached the age and completed the years of service necessary for retirement, without actuarial reduction of his benefit, at the expiration of the term of the agreement;

      (c) The employee works half time or more, but less than full time, according to the regular schedule established by the employer for his position;

      (d) The employee and the employer make contributions equal to the lesser of:

             (1) The amount which a person serving on a full-time basis in the position would contribute and which his employer would contribute for him; or

             (2) The amount which the employee and employer contributed during the last 12 months of the employee’s full-time employment, adjusted to include increases to offset higher costs of living provided to similarly situated employees of the same public employer;

      (e) Employment ends on or before the fifth anniversary of the day on which the agreement became effective; and

      (f) The employee agrees in writing to the forfeiture of credit provided in subsection 2.

      2.  An employee loses all service credit which he did not earn by actual work and which has accrued pursuant to this section if he:

      (a) Returns to full-time employment in the service of any public employer at any time after beginning part-time work under the agreement, except for full- time employment as an elected public officer as a result of appointment to an elective office.

      (b) Continues in his part-time employment beyond the fifth anniversary of the day on which the agreement became effective.


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ê1991 Statutes of Nevada, Page 2364 (Chapter 711, AB 701)ê

 

      Sec. 22.  NRS 286.510 is hereby amended to read as follows:

      286.510  1.  Except as otherwise provided in subsection 2, a member of the system is eligible to retire at age 65 if he has at least 5 years of service, at age 60 if he has at least 10 years of service, and at any age if he has at least 30 years of service.

      2.  A police officer or fireman is eligible to retire at age 65 if he has at least 5 years of service, at age 55 if he has at least 10 years of service, at age 50 if he has at least 20 years of service, and at any age if he has at least 30 years of service. Only service performed in a position as a police officer or fireman, established as such by statute or regulation, and credit for military service, may be counted toward eligibility for retirement pursuant to this subsection.

      3.  Eligibility for retirement, as provided in this section, does not require the member to have been a participant in the system at the beginning of his credited service.

      4.  Any member who has the years of creditable service necessary to retire but has not attained the required age, if any, may retire at any age with a benefit actuarially reduced to the required retirement age. [A] Except as otherwise required as a result of section 4 of this act, a retirement benefit under this subsection must be reduced by 4 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.33 percent for each additional month that the member is under the appropriate retirement age. Any option selected under this subsection must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.

      Sec. 23.  NRS 286.525 is hereby amended to read as follows:

      286.525  1.  A retired employee who accepts employment in a position eligible for membership may enroll in the system as of the effective date of that employment. If he so enrolls:

      (a) He forfeits all retirement allowances for the duration of that employment.

      (b) Upon termination of the employment, he is entitled to receive, upon written request, a refund of all contributions made by him during the employment. [If] Except as otherwise required as a result of section 3 or 4 of this act, if he does not request the refund and the duration of the employment was at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. If the duration of the employment was:

             (1) Less than 5 years, the additional allowance must be added to his original allowance and must be under the same option and designate the same beneficiary as the original allowance.

             (2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with NRS 286.545.

      2.  The original service retirement allowance of such a retired employee must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement.


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ê1991 Statutes of Nevada, Page 2365 (Chapter 711, AB 701)ê

 

of his original retirement. The accrual of service credit pursuant to this section is subject to the [limit] limits imposed by :

      (a) NRS 286.551 [.

      3.  A] ; and

      (b) Section 415 of the Internal Revenue Code (26 U.S.C. § 415), as that section existed on the effective date of this act, if the member’s effective date of membership is on or after January 1, 1990.

      3.  Except as otherwise required as a result of section 3 or 4 of this act, a retired employee who has been receiving a retirement allowance for less than 18 months and who is reemployed and enrolls in the system for at least 2 years may elect to return all retirement allowances plus interest from the date of return to employment to the date of repayment and have his additional credit for service added to his previous credit for service. If he chooses to do so, he shall be deemed a continuing employee with a break in service. This election must not apply to more than one period of employment after the original retirement.

      4.  The survivor of a deceased member who had previously retired and was rehired and enrolled in the system, who qualifies for benefits pursuant to NRS 286.671 to 286.6793, inclusive, is eligible for the benefits based on the service accrued through the second period of employment if the member elected to receive his service retirement allowance without modification.

      Sec. 24.  NRS 286.541 is hereby amended to read as follows:

      286.541  1.  Applications for service retirement allowances or disability retirement allowances must be submitted to the offices of the system on forms approved by the executive officer. The form shall not be deemed filed unless it contains:

      (a) The member’s selection of the retirement plan contained in NRS 286.551 or one of the optional plans provided in NRS 286.590;

      (b) A notarized statement of the marital status of the member; and

      (c) If the member is married, a statement of the spouse’s consent or objection to the chosen retirement plan, signed by the spouse and notarized.

      2.  [Retirement] Except as otherwise required by section 2 of this act, retirement becomes effective on whichever of the following days is the later:

      (a) The day immediately following the applicant’s last day of employment;

      (b) The day the completed application form is filed with the system;

      (c) The day immediately following the applicant’s last day of creditable service; or

      (d) The effective date of retirement specified on the application form.

      3.  The selection of a retirement plan by a member and consent or objection to that plan by the spouse pursuant to this section does not affect the responsibility of the member concerning the rights of any present or former spouse.

      4.  The system is not liable for any damages resulting from the false designation of marital status by a member or retired member.

      Sec. 25.  NRS 286.551 is hereby amended to read as follows:

      286.551  Except as otherwise required as a result of section 3 or 4 of this act:


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ê1991 Statutes of Nevada, Page 2366 (Chapter 711, AB 701)ê

 

      1.  Except as otherwise provided in this subsection, a monthly service retirement allowance must be determined by multiplying a member’s average compensation by 2.5 percent for each year of service, except that a member:

      (a) Who has an effective date of membership on or after July 1, 1985, is entitled to a benefit of not more than 75 percent of his average compensation with his eligibility for service credit ceasing at 30 years of service.

      (b) Who has an effective date of membership before July 1, 1985, and retires on or after July 1, 1977, is entitled to a benefit of not more than 90 percent of his average compensation with his eligibility for service credit ceasing at 36 years of service.

In no case may the service retirement allowance determined pursuant to this section be less than the allowance to which the retired employee would have been entitled under the provisions of this section which were in effect on the day before the effective date of this act.

      2.  For the purposes of this section, except as otherwise provided in subsection 3, “average compensation” means the average of a member’s 36 consecutive months of highest compensation as certified by the public employer.

      3.  The average compensation of a member who has a break in service or partial months of compensation, or both, as a result of service as a legislator during a regular or special session of the Nevada legislature must be calculated on the basis of the average of his 36 consecutive months of highest compensation as certified by his public employer excluding each month during any part of which the legislature was in session. This subsection does not affect the computation of years of service.

      4.  The retirement allowance for a regular part-time employee must be computed from the salary which he would have received as a full-time employee if it results in greater benefits for the employee. A regular part-time employee is a person who works half time or more, but less than full time:

      (a) According to the regular schedule established by the employer for his position; and

      (b) Pursuant to an established agreement between the employer and the employee.

      Sec. 26.  NRS 286.575 is hereby amended to read as follows:

      286.575  1.  [A] Except as otherwise required as a result of section 4 of this act, a post-retirement allowance [shall] must be paid from the public employees’ retirement fund or the police and firemen’s retirement fund to each member receiving a disability allowance or service retirement allowance from that fund under the provisions of this chapter in the amount and manner provided and from time to time adjusted by law. Each member whose allowance was increased after his retirement by payments for years of service in excess of 20 years is entitled to receive an increase based upon his adjusted allowance.

      2.  Post-retirement allowances [shall] must be considered a part of a retired employee’s monthly benefit and included in the allowance paid to a beneficiary under one of the optional plans provided in NRS 286.590.

      Sec. 27.  NRS 286.5775 is hereby amended to read as follows:

      286.5775  1.  In addition to the other post-retirement allowances and increases provided by law, if adequate money is available which has been designated for this purpose, the public employees’ retirement system shall provide a post-retirement increase based upon the total number of calendar years that the recipient has been receiving an allowance.


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ê1991 Statutes of Nevada, Page 2367 (Chapter 711, AB 701)ê

 

designated for this purpose, the public employees’ retirement system shall provide a post-retirement increase based upon the total number of calendar years that the recipient has been receiving an allowance. [Such] The increases are payable beginning July 1, 1977, and July 1, 1978, as follows:

 

Total Years

Receiving Allowance                                                                   Increase of Base Benefit

 

                  12 or more                                                                                       5.00 percent

11                                                                                                                       4.75 percent

10                                                                                                                       4.50 percent

 9                                                                                                                       4.25 percent

 8                                                                                                                       4.00 percent

 7                                                                                                                       3.75 percent

 6                                                                                                                       3.50 percent

 5                                                                                                                       3.25 percent

 4                                                                                                                       3.00 percent

 3                                                                                                                       2.75 percent

 2                                                                                                                       2.50 percent

 1                                                                                                                       2.25 percent

 

      2.  A person who has been receiving an allowance for at least 6 months but less than 1 year when post-retirement increases are paid is entitled to an increase of 2 percent of his base benefit.

      3.  A beneficiary of a deceased retired employee is entitled to receive post-retirement increases provided in this section based on the effective date of retirement for the retired employee and:

      (a) The base benefit for the retired employee if he selected option 2 or 4; or

      (b) Fifty percent of the base benefit of the retired employee if he selected option 3 or 5.

      4.  The post-retirement increases provided in this section are payable only if they do not exceed the percentage increase in the Consumer Price Index (All Items) during the previous calendar year [.] or any limitations required as a result of section 4 of this act. The percentage for post-retirement increases provided in this section must be reduced to the percentage increase in the Consumer Price Index (All Items) for the previous calendar year if the increase in the index is less than the percentage provided in this section.

      Sec. 28.  NRS 286.620 is hereby amended to read as follows:

      286.620  1.  A member of the system who has 5 years or more of service credit and who becomes totally unable to perform his current job or any comparable job for which he is qualified by his training and experience, because of injury or mental or physical illness of a permanent nature is eligible to apply for disability retirement if:

      (a) Except as otherwise provided in subsection 5, his employment will be terminated because of [such] the disability;

      (b) He is in the employ of a participating public employer at the time of application for disability retirement;


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ê1991 Statutes of Nevada, Page 2368 (Chapter 711, AB 701)ê

 

      (c) He proves that his disability renders him unable to perform the duties of his present position and of any other position he has held within the past year;

      (d) He files a notarized application for disability retirement with the system which indicates a selection of option and to which is attached a personal statement by the member, describing the disability, the duties which he can and cannot perform, and any benefits he is entitled to receive for disability from any other public source;

      (e) The public employer files an official statement certifying the member’s employment record, job description, work evaluations, record of disability and absences that have occurred because of the disability; and

      (f) The immediate supervisor of the member files an official statement regarding the effect upon the work of the member after the disability, job functions that can and cannot be performed because of the disability, and whether or not there are alternative jobs that can be performed by the member.

      2.  [The] Except as otherwise required as a result of section 4 of this act, the amount of the disability retirement allowance must be calculated in the same manner as provided for service retirement calculations in NRS 286.551, except that no reduction for the member’s age may be made and that the allowance must be reduced by the amount of any other benefit received from any source on account of the same disability:

      (a) If [such] the benefit is provided or was purchased by the expenditure of money by a Nevada public employer; and

      (b) To the extent that the total of the unmodified benefit and the other benefit would otherwise exceed his average compensation.

      3.  A member may apply for disability retirement even if he is eligible for service retirement.

      4.  Each child of a deceased recipient of a disability retirement allowance is entitled to receive the benefits provided by NRS 286.673 only if the decedent had not reached the age and completed the service required to be eligible for a service retirement allowance, except that these benefits must not be paid to anyone who is named as a beneficiary under one of the options to an unmodified allowance.

      5.  If a member whose application for disability retirement has been:

      (a) Approved, dies before his employment is terminated, but within 60 days after his application was approved; or

      (b) Mailed before his death as indicated by the date of the postmark dated by the post office on the envelope in which it was mailed, dies before the board has acted upon his application and the board approves thereafter his application,

his beneficiary is entitled to receive an allowance under the option selected rather than the benefit otherwise provided for a survivor.

      6.  The termination or adjustment of a disability retirement allowance resulting from the death of a recipient of an allowance pursuant to this section must not become effective until the first day of the month immediately following the death of the recipient.

      Sec. 29.  NRS 286.6793 is hereby amended to read as follows:


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ê1991 Statutes of Nevada, Page 2369 (Chapter 711, AB 701)ê

 

      286.6793  1.  Retirement allowances for members who are active on or after July 1, 1989, become vested on the date that the employee completes 5 years of accredited contributing service.

      2.  Benefits for survivors offered pursuant to this chapter become vested on the date that the employee completes 10 years of accredited contributing service or becomes entitled to begin receiving benefits or on the date of his death, whichever event occurs first.

      3.  Unless otherwise specifically provided by the amendatory act, any change in the provisions of this chapter is retroactive for all service of any member before the date of vesting, but no [such] change may impair any vested allowance or benefit.

      4.  Any person employed by the state or its political subdivisions who is a participating member of the system on or after July 1, 1989, who has been employed for a period of 5 or more years, who leaves the employ of the state or its political subdivisions before the attainment of the minimum service retirement age and who has not received a refund of his employee contributions, upon reaching the minimum service retirement age applicable to his years of service credit, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.

      5.  Upon the termination or partial termination of the system:

      (a) Except as otherwise provided in paragraph (b), all accrued benefits that are funded become 100 percent vested and nonforfeitable.

      (b) A member who receives his vested accrued benefits in a complete cash distribution before the termination is not entitled to the vesting of any benefits which have been forfeited.

      Sec. 30.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 31 to 38, inclusive, of this act.

      Sec. 31.  Notwithstanding any other provision of law, every distribution to a member of the legislators’ retirement system must be made pursuant to the provisions of section 401(a)(9) of the Internal Revenue Code (26 U.S.C. § 401(a)(9)), as that section existed on the effective date of this act, that apply to governmental plans.

      Sec. 32.  Notwithstanding any other provision of law, the amount of compensation used to determine the retirement benefit of a member of the legislators’ retirement system must not exceed the limitation provided by section 401(a)(17) of the Internal Revenue Code (26 U.S.C. § 401(a)(17)), as that section existed on the effective date of this act.

      Sec. 33.  1.  The election provided by section 415(b)(10)(C) of the Internal Revenue Code (26 U.S.C. § 415 (b)(10)(C)) is hereby made.

      2.  Notwithstanding any other provision of law, the benefits payable to and the contributions made by or for the benefit of a legislator whose effective date of membership on or after January 1, 1990, are limited pursuant to the provisions of sections 415(b) and 415(e) of the Internal Revenue Code (26 U.S.C. §§ 415(b) and 415(e)), as those sections existed on the effective date of this act. The provisions of section 415(b)(2)(F) of the Internal Revenue Code (26 U.S.C. § 415(b)(2)(F)) do not apply to the benefits of such a legislator.

      3.  Notwithstanding any other provision of law, if a legislator whose effective date of membership is on or after January 1, 1990, is a member of the public employees’ retirement system and is a member of the legislators’ retirement system, the benefits payable to him from both plans are limited pursuant to this section.


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ê1991 Statutes of Nevada, Page 2370 (Chapter 711, AB 701)ê

 

public employees’ retirement system and is a member of the legislators’ retirement system, the benefits payable to him from both plans are limited pursuant to this section. His benefits from the plan providing the greater benefit must be reduced if the benefits from both plans exceed the limitations of this section.

      Sec. 34.  The benefits payable to a legislator whose effective date of membership is before January 1, 1990, must not be less than his accrued benefits determined without regard to any amendment of the legislators’ retirement system made after October 14, 1987.

      Sec. 35.  1.  The board shall not change the actuarial assumptions used in computing the benefits provided to a legislator.

      2.  The board shall make available to every legislator upon request the actuarial assumptions used in computing the benefits provided to a member.

      Sec. 36.  Forfeitures must not be applied to increase the benefits any member would otherwise receive pursuant to the provisions governing the legislators’ retirement system as provided by section 401(a)(8) of the Internal Revenue Code (26 U.S.C. § 401(a)(8)), as that section existed on the effective date of this act.

      Sec. 37.  Upon the termination or partial termination of the legislators’ retirement system:

      1.  Except as otherwise provided in subsection 2, all accrued benefits that are funded must become 100 percent vested and nonforfeitable.

      2.  A legislator who receives his vested accrued benefits in a complete cash distribution before the termination is not entitled to the vesting of any benefits which have been forfeited.

      Sec. 38.  1.  The board shall establish a fund known as the legislators’ retirement administrative fund in which must be deposited all administrative fees.

      2.  The board shall fix an administrative fee per capita sufficient to pay the expense of operating the legislators’ retirement system.

      Sec. 39.  NRS 218.2372 is hereby amended to read as follows:

      218.2372  As used in NRS 218.2371 to 218.2395, inclusive [:] , and sections 31 to 38, inclusive, of this act:

      1.  “Board” means the public employees’ retirement board.

      2.  “Legislator” means a senator or assemblyman elected or appointed to the legislature of the State of Nevada.

      3.  “Retirement allowance” means payment for life derived from contributions of legislators and the State of Nevada.

      Sec. 40.  NRS 218.238 is hereby amended to read as follows:

      218.238  1.  A member of the public employees’ retirement system with service as a legislator [prior to] before January 1, 1967, may continue such service under the public employees’ retirement system with benefits to be calculated in the manner prescribed in subsection 2 or 3.

      2.  [Benefits shall] Except as otherwise required as a result of section 33 of this act, benefits must be calculated in the manner prescribed by NRS 286.475 unless the member elects to have his benefits calculated pursuant to the provisions of subsection 3.

      3.  [The] Except as otherwise required as a result of section 33 of this act, a member may elect to have his service as a legislator credited for retirement under chapter 286 of NRS as full-time service for the purpose of calculation of benefits at an annual gross compensation of $10,500.


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ê1991 Statutes of Nevada, Page 2371 (Chapter 711, AB 701)ê

 

under chapter 286 of NRS as full-time service for the purpose of calculation of benefits at an annual gross compensation of $10,500. He shall, at the time of election, pay to the public employees’ retirement fund and the public employees’ retirement administrative fund the difference between [such] the sums paid for his legislative service and the sums which would have been paid by him and the public employer on his behalf had he been in full-time service at an annual gross compensation of $10,500, but he [shall be granted] is entitled to the same privileges of payment under the same conditions applicable to the repayment of previously withdrawn contributions by other members of the public employees’ retirement system.

      4.  [Such service,] Service as a legislator, when accredited under the public employees’ retirement system, will not be accreditable under the legislators’ retirement system.

      Sec. 41.  NRS 218.2381 is hereby amended to read as follows:

      218.2381  1.  [Each] Except as otherwise required as a result of section 33 of this act, each legislator shall be a member of the legislators’ retirement system and shall make contributions to the legislators’ retirement fund in the amounts and manner provided in NRS 218.2371 to 218.2395, inclusive.

      2.  Within 5 days after the commencement of each regular or special session of the legislature each legislator who has not previously filed a beneficiary designation form with the board shall file with the board, upon a form provided by the board, the designation of a beneficiary who [shall] is entitled to receive the contributions of the legislator in case of death [prior to] before retirement or termination of services as a legislator and subsequent withdrawal of contributions. If no [such] beneficiary is designated , payment [shall] must be made to the estate of the deceased legislator. Payment may be made directly to the designated beneficiary without probate or administration of the estate of the deceased legislator.

      3.  A beneficiary may be changed at any time by written notice given by a legislator to the board on a form prescribed by the board.

      Sec. 42.  NRS 218.23831 is hereby amended to read as follows:

      218.23831  Except as otherwise required as a result of section 33 of this act:

      1.  Any member of the legislators’ retirement system may purchase all previous creditable service performed in the legislature if [such] the service was performed [prior to] before the creation of this system. The director of the legislative counsel bureau must certify the inclusive dates of service of the legislator to validate the service. The legislator must pay the board’s actuary for a computation of costs and pay the full cost as determined by the actuary.

      2.  Any legislator may purchase credit for any period of service for which contributions were not paid while the legislator was receiving temporary total disability benefits for an industrial injury, if the injury was sustained in performance of his legislative duties for which contributions were required. The legislator must pay the board’s actuary for any necessary computation, and must also pay the full actuarial costs determined by the actuary.

      3.  Any legislator who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal public agency if that service is no longer creditable in another public retirement system. To validate such service, the legislator must obtain a certification of the inclusive dates of previous service performed with the other public agency, together with certification from that agency that his credit is no longer creditable in another public retirement system.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2372 (Chapter 711, AB 701)ê

 

must obtain a certification of the inclusive dates of previous service performed with the other public agency, together with certification from that agency that his credit is no longer creditable in another public retirement system. Upon application to retire, the board shall ascertain whether or not the purchased service has been reestablished in any other public retirement system. The legislator must pay the board’s actuary for the computation and pay the full actuarial cost as determined by the actuary. For the purposes of this subsection, the federal old-age and survivor’s insurance system is not a “public retirement system.”

      4.  Any legislator who has at least 5 years of contributing creditable service may purchase up to 5 years of military service regardless of when served if [such] the service is no longer credited in the military retirement system. To validate military service, the legislator must provide certification of the inclusive dates of active military service performed, pay the board’s actuary for the computation and pay the full actuarial cost as determined by the actuary.

      5.  Any contributing legislator may purchase previous service performed for any public employer which is not already credited in the legislator’s retirement system, including service as an elected officer or a person appointed to an elective office for an unexpired term. The former public employer must certify the inclusive dates of employment and number of hours regularly worked by the legislator to validate such service. The legislator must pay the board’s actuary for a computation of cost and pay the full cost as determined by the actuary.

      Sec. 43.  NRS 218.23835 is hereby amended to read as follows:

      218.23835  1.  [A] Except as otherwise required as a result of section 33 of this act, a legislator who provides proper documentation and establishes the right to purchase any of the service listed in NRS 218.23831 may defer payment until actual retirement. Under this subsection, the purchase of service must be based on the full actuarial cost based upon the age of the member at the time of purchase. Service purchased under this subsection may not be credited until retirement. This service can be used for service retirement eligibility.

      2.  The legislative commission may pay any portion of the cost to validate service under NRS 218.23831, but is not required to do so. No credit may be validated unless both the employer and the employee contributions have been paid.

      3.  The legislator or legislative commission, or both, purchasing credit under NRS 218.23831 shall pay the full current administrative fees for each month of service purchased.

      Sec. 44.  NRS 218.2388 is hereby amended to read as follows:

      218.2388  1.  The minimum requirement for retirement is 10 years of accredited service. A lapse in service as a legislator does not operate to forfeit any retirement rights accrued before the lapse.

      2.  A legislator who meets this requirement may retire:

      (a) At the age of 60 years or older with a full allowance.

      (b) At any age less than 60 years with an allowance or benefit actuarially reduced to the age of 60 years. [An] Except as otherwise required as a result of section 33 of this act, an allowance or benefit under this paragraph must be reduced by 6 percent of the unmodified amount for each full year that the member is under the age of 60 years, and an additional 0.5 percent for each additional month that the member is under the age of 60 years.


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ê1991 Statutes of Nevada, Page 2373 (Chapter 711, AB 701)ê

 

of section 33 of this act, an allowance or benefit under this paragraph must be reduced by 6 percent of the unmodified amount for each full year that the member is under the age of 60 years, and an additional 0.5 percent for each additional month that the member is under the age of 60 years. Any option selected must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified allowance or benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.

      Sec. 45.  NRS 218.239 is hereby amended to read as follows:

      218.239  [A] Except as otherwise required as a result of section 33 of this act, a legislator entering into retirement on or after July 1, 1975, is entitled to receive a monthly retirement allowance of $25 for each year of service up to 30 years, prorated for fractions of a year.

      Sec. 46.  In computing the benefits provided pursuant to chapter 218 or 286 of NRS to a member or legislator, respectively, the public employees’ retirement board shall use the actuarial assumptions which are being used in computing the benefits provided to a member or legislator on the effective date of this act.

      Sec. 47.  This act becomes effective upon passage and approval and applies retroactively to January 1, 1990.

 

________

 

 

CHAPTER 712, AB 716

Assembly Bill No. 716–Committee on Ways and Means

CHAPTER 712

AN ACT relating to state land; authorizing the division of state lands of the state department of conservation and natural resources to negotiate for and purchase certain land in Las Vegas for use as the site of a state office building; authorizing the issuance of general obligation bonds to pay the costs of the purchase; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The division of state lands of the state department of conservation and natural resources may:

      1.  Negotiate with the City of Las Vegas for the purchase of the real property described as:

A portion of the south half of the northwest quarter of section 26, T. 20 S., R. 61 E., M.D.M., bounded on the north by Bunker Mortuary and Memorial Park, on the east by Fantasy Lane, on the south by Washington Avenue and on the west by Las Vegas Boulevard, also identified as Clark County assessor’s parcel number 020-050-001, known as the Lions Club Park and Fantasy Park, Clark County, Nevada.

      2.  Purchase the real property described in subsection 1 for such a price as it deems appropriate, not exceeding $500,000, for use as the site of a state office building.


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ê1991 Statutes of Nevada, Page 2374 (Chapter 712, AB 716)ê

 

      Sec. 2.  1.  The state board of examiners shall issue general obligation bonds of the State of Nevada, in the face amount of not more than $500,000, to pay the costs of purchasing the real property described in section 1 of this act.

      2.  The bonds may be issued at one time or from time to time.

      3.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      Sec. 3.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 713, AB 739

Assembly Bill No. 739–Assemblyman Little (by request)

CHAPTER 713

AN ACT relating to public works projects; revising the provisions governing the preference given to local contractors on public works projects; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature finds and declares that it is the public policy of the state to confer a preferential bidder status on a contractor licensed pursuant to chapter 624 of NRS who has paid taxes which make public works projects possible, unless the conferral of that status would preclude or reduce federal assistance for a public project.

      Sec. 2.  NRS 338.147 is hereby amended to read as follows:

      338.147  1.  A public body shall award a contract for a public work to the contractor who submits the best bid.

      2.  Except as otherwise provided by subsection 3, for the purposes of this section, a contractor who [has:

      (a) Been] :

      (a) Has been found to be a responsible contractor by the public body; and

      (b) [Paid the state and local taxes within this state for 5 successive years before submitting the bid,] At the time he submits his bid, provides proof of the payment of:

             (1) The sales and use taxes imposed on materials used for construction of not less than $5,000 for each of the 5 years immediately preceding the submission of his bid; or

             (2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business of not less than $5,000 for each of the 5 years immediately preceding the submission of his bid,

shall be deemed to have submitted a better bid than a competing contractor who has not paid the taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor . [and the bid does not exceed the amount budgeted for work or the engineer’s estimate of the cost of the work, whichever is less.]


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ê1991 Statutes of Nevada, Page 2375 (Chapter 713, AB 739)ê

 

      3.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

      Sec. 3.  NRS 338.147 is hereby amended to read as follows:

      338.147  1.  A public body shall award a contract for a public work to the contractor who submits the best bid.

      2.  Except as otherwise provided by subsection 3, for the purposes of this section, a contractor who:

      (a) Has been found to be a responsible contractor by the public body; and

      (b) At the time he submits his bid, provides proof of the payment of [:

             (1) The sales and use taxes imposed on materials used for construction of not less than $5,000 for each of the 5 years immediately preceding the submission of his bid; or

             (2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business of not less than $5,000 for each of the 5 years immediately preceding the submission of his bid,] the tax imposed pursuant to section 9 of Assembly Bill No. 303 of the 66th session of the Nevada legislature for each of the 5 years immediately preceding the submission of his bid,

shall be deemed to have submitted a better bid than a competing contractor who has not paid [the] those taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

      3.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

      Sec. 4.  1.  This section and sections 1 and 2 of this act become effective on October 1, 1991.

      2.  Section 3 of this act becomes effective on October 1, 1996, only if Assembly Bill No. 303 is enacted by the 66th session of the Nevada legislature.

 

________

 

 

CHAPTER 714, AB 751

Assembly Bill No. 751–Committee on Education

CHAPTER 714

AN ACT relating to education; making an appropriation to the department of education to assist school districts in the recruitment of minority teachers and other licensed personnel; establishing a committee to direct the provision of the assistance; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the department of education the sum of $300,000 for the payment of expenses related to providing assistance to local school districts in the recruitment of minority teachers and other licensed personnel.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2376 (Chapter 714, AB 751)ê

 

department of education the sum of $300,000 for the payment of expenses related to providing assistance to local school districts in the recruitment of minority teachers and other licensed personnel.

      Sec. 2.  1.  The assistance provided pursuant to the appropriation made by section 1 of this act must be directed by a committee consisting of:

      (a) One representative of the department of administration;

      (b) One representative of the department of education;

      (c) Two representatives of the Nevada state education association;

      (d) One representative of the Clark County school district;

      (e) One representative of the Washoe County school district;

      (f) One representative of the rural alliance of school districts; and

      (g) One representative of the general public.

As soon as practicable after the effective date of this act, each member of the committee must be appointed by the governing officer or body of each represented entity, except that the representative of the general public must be appointed by the governor.

      2.  The committee shall elect a chairman from among its members. The committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The committee shall prescribe rules for its own management.

      3.  While engaged in the business of the committee, each member of the committee who is not a state officer or employee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  The committee shall establish guidelines for:

      (a) Assisting school districts to develop plans for initiating or expanding the recruitment of minority teachers and other licensed personnel; and

      (b) The distribution by the department of education of the money appropriated by section 1 of this act.

      5.  The department of education shall distribute the money appropriated by section 1 of this act in accordance with the guidelines established by the committee.

      Sec. 3.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  This act becomes effective upon passage and approval.

 

________


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2377ê

 

CHAPTER 715, AB 753

Assembly Bill No. 753–Committee on Legislative Functions and Elections

CHAPTER 715

AN ACT relating to the legislature; increasing the compensation of the employees of the legislature; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.230 is hereby amended to read as follows:

      218.230  1.  There must be paid to the several employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each day’s employment and no more:

 

                                                   Senate

 

Assistant director of bill services........................................... [$61]       $65

Assistant secretary..................................................................... [91]          96

Assistant sergeant at arms........................................................ [68]          72

Bill clerk......................................................................................... [52]          55

Committee secretary.................................................................... [74]          78

Director of bill services............................................................... [66]          70

Director of clerical services........................................................ [84]          89

History clerk................................................................................. [84]          89

Journal clerk................................................................................. [84]          89

Minute clerk................................................................................. [84]          89

Page............................................................................................... [52]          55

Senior committee secretary........................................................ [80]          85

Senior page.................................................................................................. 66

Sergeant at arms.......................................................................... [86]          91

Stenographers.............................................................................. [66]          70

Typist............................................................................................ [57]          60

 

                                                   Assembly

 

Assistant chief clerk................................................................. [$91]       $96

Assistant sergeant at arms........................................................ [68]          72

Assistant supervisor of bill clerks............................................ [61]          65

Bill clerk......................................................................................... [52]          55

Committee secretary.................................................................... [74]          78

History clerk................................................................................. [84]          89

Journal clerk................................................................................. [84]          89

Minute clerk................................................................................. [84]          89

Page............................................................................................... [52]          55

Secretary....................................................................................... [66]          70

Senior committee secretary........................................................ [80] 85 Senior page                66

 


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2378 (Chapter 715, AB 753)ê

 

Senior page.................................................................................................. 66

Sergeant at arms.......................................................................... [86]          91

Supervisor of bill clerks.............................................................. [66]          70

Supervisor of secretarial staff.................................................... [84]          89

Typist............................................................................................ [57]          60

 

      2.  During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in this section for each day of service.

 

________

 

 

CHAPTER 716, AB 799

Assembly Bill No. 799–Assemblymen Bache and Krenzer

CHAPTER 716

AN ACT relating to education; revising the composition of the commission on professional standards in education; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 391.011 is hereby amended to read as follows:

      391.011  1.  The commission on professional standards in education, consisting of nine members appointed by the governor, is hereby created.

      2.  Four members of the commission must be teachers who teach in the classroom as follows:

      (a) One who teaches in a secondary school.

      (b) One who teaches in a middle school or junior high school.

      (c) One who teaches in an elementary school.

      (d) One who teaches special education.

      3.  The remaining members of the commission must include:

      (a) One counselor or psychologist employed by a school district.

      (b) Two administrators of schools, at least one of whom must be a principal of a school.

      (c) The dean of the College of Education at either of the universities in the University of Nevada System.

      (d) One member who is a [member of the state board of education.] representative of the general public.

      4.  The appointments of a counselor, the administrators and three of the four teachers must be made from a list of names of at least three persons for each position that is submitted to the governor:

      (a) For the counselor and teachers, by an employee organization representing the majority of counselors and the majority of teachers in Nevada who teach in the educational level from which the appointment is being made; or

      (b) For administrators, by an organization of administrators for schools in which the majority of administrators of schools in this state have membership.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2379 (Chapter 716, AB 799)ê

 

      5.  One member of the commission who is a teacher, administrator, counselor or psychologist must be employed by a private school licensed pursuant to chapter 394 of NRS.

      Sec. 2.  As soon as practicable after October 1, 1991, the governor shall appoint a member to the commission on professional standards in education pursuant to paragraph (d) of subsection 3 of NRS 391.011, as amended by this act. The term of office of the member of the commission appointed pursuant to the former provisions of paragraph (d) of subsection 3 of NRS 391.011 expires upon qualification of his successor.

 

________

 

 

CHAPTER 717, AB 824

Assembly Bill No. 824–Committee on Ways and Means

CHAPTER 717

AN ACT relating to gaming; directing the state gaming control board to conduct a study of the business of operators of slot machine routes; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The state gaming control board shall conduct a comprehensive study of the financial health and prospective growth of the business of operators of slot machine routes in this state.

      2.  In conducting the study, the board shall audit the financial records and performance of operators of slot machine routes and may take any action necessary to complete the study, including without limitation:

      (a) Entry of the business premises of an operator and inspection and copying of any pertinent books and other records.

      (b) Entry of the business premises upon which a slot machine has been placed by an operator.

      (c) Monitoring of each slot machine placed and operated by an operator upon the business premises of others, to determine, with regard to each machine, the volume of play, the gross revenue and the manner of collection of that revenue.

      3.  The board shall, upon request, report the status and progress of its study to the legislative commission’s interim study on gaming for its information and consideration.

      4.  The board shall, on or before January 1, 1993, report the results of its study to the director of the legislative counsel bureau for transmittal to the legislature.

      Sec. 2.  There is hereby appropriated from the state general fund to the state gaming control board the sum of $200,000 for carrying out its duties pursuant to section 1 of this act.

      Sec. 3.  Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2380 (Chapter 717, AB 824)ê

 

reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 718, AB 825

Assembly Bill No. 825–Committee on Ways and Means

CHAPTER 718

AN ACT relating to the University of Nevada; authorizing the construction of a classroom and office complex at the campus of the University of Nevada, Las Vegas; authorizing the issuance of general obligation bonds of the state to pay the cost of the project; pledging certain revenues as additional security for such bonds; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.385 is hereby amended to read as follows:

      463.385  1.  In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.

      2.  The commission shall:

      (a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.

      (b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.

      (c) Include the proceeds of the tax in its reports of state gaming taxes collected.

      3.  The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.

      4.  During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:

      (a) The first $5,000,000 of the tax in the capital construction fund for higher education;

      (b) Twenty percent of the tax in the special capital construction fund for higher education; and

      (c) The remainder of the tax in the state distributive school account in the state general fund.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2381 (Chapter 718, AB 825)ê

 

      5.  There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, [and] the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989 [.] and the bonds authorized to be issued by section 2 of this act. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated, and the amount equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.

      6.  After the requirements of subsection 5 for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community colleges of the University of Nevada System. As used in this subsection, “construction” includes but is not limited to planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the general fund in the state treasury but remains in those funds for authorized expenditure.

      7.  The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.

      8.  The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2382 (Chapter 718, AB 825)ê

 

after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.

      Sec. 2.  1.  On or after August 30, 1991, the board of regents shall issue general obligation bonds of the State of Nevada to provide money necessary to accomplish the purposes of this act, but not more than $21,921,000 in face amount. The bonds may be issued at one time or from time to time.

      2.  The board of regents, on behalf and in the name of the State of Nevada, may, consistent with the provisions of the State Securities Law, finance the construction, acquisition and improvement of a classroom and office complex (Project 91-C15) on the campus of the University of Nevada, Las Vegas, and other facilities required and desired by the university therefor, including equipment, furnishings and appurtenances thereto by the issuing of general obligation bonds and other general obligation securities of the state in a principal amount which does not exceed $21,921,000.

      3.  The board of regents is authorized to acquire and construct the project designated in subsection 2 and to issue state securities to finance the costs of that project in a total principal amount not to exceed $21,921,000.

      4.  If bonds or other securities are issued pursuant to this act, the faith of the state is hereby pledged that the tax imposed by subsection 1 of NRS 463.385 and credited to the capital construction fund for higher education and the special capital construction fund for higher education pursuant to subsection 5 of this section will not be repealed or diminished so as to impair the payment of principal or interest upon those securities.

      5.  Subject to the limitations as to maximum principal amount set forth in subsections 1, 2 and 3, the board of regents may issue to defray the cost of the project designated in subsection 2, or any part of the project, at any time or from time to time general obligation securities of the state, which are payable from ad valorem taxes levied annually in an amount sufficient to pay the interest on and the principal of the securities as they become due, except to the extent other money is lawfully made available therefor. The proceeds of any such taxes must be appropriated for the payment of those securities, and this appropriation must neither be repealed nor the taxes postponed or diminished, except to the extent that other money is used for their payment, until the principal and interest of those securities have been wholly paid. The payment of those securities must be additionally secured by a pledge of the gross revenues credited to the special capital construction fund for higher education and the capital construction fund for the higher education, and those securities must be paid from the revenues in either or both of those accounts as the interest on, any prior premiums of redemption due in connection with, and the principal of the securities become due.

      6.  As provided by subsection 4 of NRS 349.304, any interest or other gain from the temporary investment of proceeds of securities pending their expenditure on the project must be accounted for in an account or accounts for defraying, and must be used to defray, the cost of the project, or accounted for in a reserve account, or reserve accounts therefor, until sufficient money has been encumbered to assure the completion of the project.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2383 (Chapter 718, AB 825)ê

 

      7.  Any securities issued pursuant to this section may be issued in such a manner at, above, or below par, without limitation as to interest rate, effective interest rate, or any discount, and may be sold by the board of regents at public sale in accordance with the State Securities Law or at private sale.

      8.  This section does not prevent the board of regents from funding, refunding, or reissuing any outstanding general obligation securities of the state issued by the board of regents on behalf of the state for the benefit of the University of Nevada System, and payable from ad valorem taxes, which payment is additionally secured by a pledge of proceeds of excise tax credited to those two capital accounts, at any time as provided in the State Securities Law.

      9.  Any securities issued pursuant to this section must be executed as provided in the State Securities Law in accordance with NRS 349.282 and must be countersigned by the chairman of the board of regents and the chancellor and treasurer of the University of Nevada in accordance with NRS 349.284.

      Sec. 3.  The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by those sections do not affect the powers conferred by, any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act control.

      Sec. 4.  The legislature intends that this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.

      Sec. 5.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.

      Sec. 6.  This act becomes effective on July 1, 1991.

 

________


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2384ê

 

CHAPTER 719, AB 827

Assembly Bill No. 827–Committee on Legislative Functions and Elections

CHAPTER 719

AN ACT relating to the state legislature, revising the amendments to certain assembly districts in Senate Bill No. 647; revising the effective date of Senate Bill No. 647; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 42 of Senate Bill No. 647 of this legislative session is hereby amended to read as follows:

       Sec. 42.  NRS 218.076 is hereby amended to read as follows:

       218.076  Assembly district 35 consists of:

       1.  Churchill and White Pine [County;

       2.  In Lander County, Austin Township.

       3.  In Churchill County, enumeration districts 850 to 857, inclusive, 859 to 865, inclusive, 866A to 866C, inclusive, 867, 868, 869A to 869G, inclusive, and 1500 to 1502, inclusive.

       4.  In Eureka County, enumeration districts 487 to 489, inclusive.] counties.

       2.  In Eureka County, in census voting district 0005, blocks 392, 393, 394 and 395.

       3.  In Eureka County, in census voting district 0010:

       (a) Blocks 101, 102, 103, 105, 109, 110, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 167, 168, 169, 189, 190, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 299, 308, 309, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 384, 385, 387, 388, 390, 391, 396 and 397.

       (b) Located in census tract 9604, blocks 104, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 165, 166, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 191, 192, 193 and 199.

       4.  In Lander County, census voting districts 0025 and 0030.

      Sec. 2  Section 43 of Senate Bill No. 647 of this legislative session is hereby amended to read as follows:

       Sec. 43.  (Deleted by amendment.)


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2385 (Chapter 719, AB 827)ê

 

      Sec. 3  Section 55 of Senate Bill No. 647 of this legislative session is hereby amended to read as follows:

       Sec. 55.  This act becomes effective on January 1, 1992, for the purpose of nominating candidates for and electing the members of the Nevada legislature at the primary and general elections in 1992. For all other purposes, this act becomes effective on November 4, 1992.

      Sec. 4.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 720, AB 828

Assembly Bill No. 828–Assemblymen Haller, Giunchigliani, McGaughey, Gibbons, Bergevin, Petrak, Bennett, Elliott, Garner, Anderson, Bache, Johnson, Gregory, Freeman, Dini, Myrna Williams, Spitler, Evans, Arberry, Krenzer, Wendell Williams, Porter, Price, Sader, Wong, Stout, Marvel, Humke, Spriggs, Goetting, McGinness, Norton, Hardy, Scherer, Lambert, Kerns, Carpenter, Bayley, Heller, Callister and Pettyjohn

CHAPTER 720

AN ACT relating to property taxes; revising the provisions regarding the refund of property tax for senior citizens; revising the provisions regarding the renters’ refund for senior citizens; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.833 is hereby amended to read as follows:

      361.833  1.  A senior citizen whose home is placed upon the secured or unsecured tax roll, who has owned the home and maintained it as his primary residence for at least 6 months immediately preceding the filing of his claim and whose household income is not more than [$15,100] $19,100 is entitled to a refund of the property tax accrued against his home to the extent determined by the percentage shown opposite his household income range on the schedule below:

 

                                                                                                           PERCENT TAX

                                                                                                                Percent of

              INCOME RANGE                                                                      Claimant’s

               If the Amount of                                                                    Property Tax

Applicant’s Household                              But Not                Accrued Allowable

                Income Is Over                                        Over                    as Assistance Is

 

                          $0                       -            [$5,400] $8,000                        90

                 [5,400] 8,000              -           [8,700]     12,700                       80

              [8,700]   12,700            -            [10,800] 14,800                        50

              [10,800] 14,800            -            [13,000] 17,000                        25

              [13,000] 17,000            -            [15,100] 19,100                        10


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2386 (Chapter 720, AB 828)ê

 

      2.  The amount of the refund must not exceed the amount of the accrued property tax or $500, whichever is less.

      Sec. 2.  NRS 361.835 is hereby amended to read as follows:

      361.835  A senior citizen who has rented and maintained his primary residence in a home or on a mobile home lot for at least 6 months of the preceding calendar year and whose household income is not more than [$15,100] $19,100 is entitled to a refund as determined in accordance with the schedule in NRS 361.833, but only with respect to that portion of his rent which is rent deemed to constitute accrued property tax.

      Sec. 3.  Notwithstanding the provisions of NRS 361.838, a claim for a refund pursuant to NRS 361.833 or 361.835, as amended by this act, for fiscal year 1991-1992 may be filed with the assessor of the county in which the claimant’s home or mobile home lot is located between July 1, 1991 and January 1, 1992, inclusive.

      Sec. 4.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 721, AB 829

Assembly Bill No. 829–Committee on Ways and Means

CHAPTER 721

AN ACT making an appropriation to Lyon County to reimburse the school district for the cost of a school bus purchased in 1990-1991; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to Lyon County the sum of $49,106 to reimburse the Lyon County School District for the cost of a school bus purchased in fiscal year 1990-1991.

      Sec. 2.  This act becomes effective on July 1, 1991.

 

________


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2387ê

 

CHAPTER 722, AB 830

Assembly Bill No. 830–Committee on Ways and Means

CHAPTER 722

AN ACT making appropriations to various local governments from the emergency fund of the supplemental city-county relief tax; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

      whereas, Residents of Nevada expect their local governments to protect the residents’ health and welfare; and

      whereas, The financial hardships currently being suffered by local governments were unforeseen and uncontrollable, and substantially impair their financial capacity to provide basic services for which they were created; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the emergency fund of the supplemental city-county relief tax created pursuant to NRS 354.5988 to Carson City the sum of $25,000 to purchase equipment, including protective apparel, used for the investigation and clean up of disasters involving hazardous material.

      Sec. 2.  There is hereby appropriated from the emergency fund of the supplemental city-county relief tax created pursuant to NRS 354.5988 to Storey County the sum of $25,000 for costs related to making improvements to the municipal water supply system in compliance with the Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.).

      Sec. 3.  There is hereby appropriated from the emergency fund of the supplemental city-county relief tax created pursuant to NRS 354.5988 to the Gerlach General Improvement District the sum of $50,000 for costs related to the treatment of water at the Hot Springs Project to comply with any applicable federal and state standards.

      Sec. 4.  There is hereby appropriated from the emergency fund of the supplemental city-county relief tax created pursuant to NRS 354.5988 to Lincoln County the sum of $9,420 to pay contributions for long-term medical care required for the state to receive matching federal money.

      Sec. 5.  There is hereby appropriated from the emergency fund of the supplemental city-county relief tax created pursuant to NRS 354.5988 to Clark County the sum of $50,000 for the purchase of a quick response fire vehicle to service the Indian Springs area and a quick response fire vehicle to service the Mount Charleston area.

      Sec. 6.  There is hereby appropriated from the emergency fund of the supplemental city-county relief tax created pursuant to NRS 354.5988 to Clark County the sum of $15,000 for equipment and furnishings for the Moapa Valley Fairgrounds.

      Sec. 7.  Any remaining balance of the appropriations made by sections 1 to 6, inclusive, of this act must not be committed for expenditure after the applicable project is completed and reverts to the emergency fund of the supplemental city-county relief tax as soon as all payments of money committed have been made.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2388 (Chapter 722, AB 830)ê

 

supplemental city-county relief tax as soon as all payments of money committed have been made.

      Sec. 8.  As soon as practicable after the effective date of this act, the state controller shall transfer the money appropriated by sections 1 to 6, inclusive, of this act, to the appropriate local governments.

      Sec. 9.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 723, SB 7

Senate Bill No. 7–Committee on Commerce and Labor

CHAPTER 723

AN ACT relating to employment; including in wages for the purposes of calculating unemployment benefits and benefits to be paid under industrial insurance certain income from tips reported by employees pursuant to federal law; prohibiting a local government from issuing a new business license under certain circumstances; requiring a person who administers the industrial insurance claims of a self-insured employer to be certified; providing for an assessment against employers who provide accident benefits for injured employees; eliminating the division of occupational safety and health of the department of industrial relations; creating new divisions within the department; requiring the periodic auditing of certain industrial insurers; increasing fines for certain violations; establishing a legislative committee on industrial insurance to conduct an interim study of industrial insurance laws; making various changes relating to rights, duties and procedures relating to industrial insurance; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 612.190 is hereby amended to read as follows:

      612.190  1.  “Wages” means:

      (a) All remuneration paid for personal services, including commissions and bonuses and the cash value of all remuneration payable in any medium other than cash; and

      (b) Income from tips reported [for an employee pursuant to NRS 612.343, for which the employer has paid the required contributions.] by an employee to his employer pursuant to 26 U.S.C. § 6053(a). For the purposes of determining income from tips:

             (1) Such reports may not be amended.

             (2) Tips reported after the 10th day of the month following the calendar month in which they were received may not be included or used in any claim for benefits.

      2.  The reasonable cash value of remuneration payable in any medium other than cash must be estimated and determined in accordance with regulations adopted by the executive director. To determine insured status only, back pay awards must be allocated to the quarters with respect to which they were paid.

      [2.] 3.  “Wages” does not include:


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2389 (Chapter 723, SB 7)ê

 

      (a) The amount of any payment made , [(] including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment , [)] to or on behalf of a person or any of his dependents under a plan or system established by an employing unit which makes provision generally for persons performing service for it , [(] or for those persons generally and their dependents , [),] or for a class or classes of those persons , [(] or for a class or classes of those persons and their dependents , [),] on account of:

             (1) Retirement;

             (2) Sickness or accident disability;

             (3) Medical or hospitalization expenses in connection with sickness or accident disability; or

             (4) Death.

      (b) The amount of any payment made by an employing unit to a person performing service for it , [(] including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment , [)] on account of retirement.

      (c) The amount of any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability by an employing unit to or on behalf of a person performing services for it after the expiration of 6 calendar months following the last calendar month in which the person performed services for the employing unit.

      (d) The amount of any payment made by an employing unit to or on behalf of a person performing services for it or his beneficiary:

             (1) From or to a trust described in Section 401(a) which is exempt from tax under Section 501(a) of the Internal Revenue Code of 1954 at the time of the payment unless the payment is made to a person performing services for the trust as remuneration for his services and not as a beneficiary of the trust; or

             (2) Under or to an annuity plan which, at the time of the payment, meets the requirements of Section 401(a)(3), (4), (5) and (6) of the Internal Revenue Code of 1954.

      (e) The payment by an employing unit, without deduction from the remuneration of the person in its employ, of the tax imposed upon a person in its employ, under Section 3101 of the Internal Revenue Code of 1954 with respect to services performed for the employing unit.

      (f) Remuneration paid in any medium other than cash to any person who performs agricultural labor or to a person for service not in the course of the employing unit’s trade or business.

      (g) The amount of any payment , [(] other than vacation or sick pay , [)] made to a person after the month in which he attains the age of 65, if he did not perform services for the employing unit in the period for which the payment is made.

      Sec. 2.  Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 37, inclusive, of this act.

      Sec. 3.  “Division” means the division of industrial insurance regulation of the department of industrial relations.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2390 (Chapter 723, SB 7)ê

 

      Sec. 4.  “Extended claim” means a claim for compensation in which the insurer determines that:

      1.  The likely duration of the temporary total disability is 30 days or more; or

      2.  The claimant has a low probability of returning to work at the job he held before his injury.

      Sec. 5.  “Principal contractor” means a person who:

      1.  Coordinates all the work on an entire project;

      2.  Contracts to complete an entire project;

      3.  Contracts for the services of any subcontractor or independent contractor; or

      4.  Is responsible for payment to any contracted subcontractors or independent contractors.

      Sec. 6.  “Third-party administrator” means a person who is hired by an insurer to provide administrative services for the insurer and manage claims. The term does not include an insurance company.

      Sec. 7.  “Vocational rehabilitation services” has the meaning ascribed to it in NRS 615.140.

      Sec. 8.  1.  Any person may request the system to provide him with a statement certifying whether he is insured by the system. If the person is insured by the system, the system shall issue a certificate, upon a standard form established by the system for that purpose, which states that the person is insured by the system.

      2.  The manager may adopt regulations to carry out the provisions of this section.

      Sec. 9.  The administrator may adopt regulations relating to sections 118 and 119 of this act, including regulations specifying the form of the affidavit required by those sections.

      Sec. 10.  1.  If an employer refuses to produce any book, record, payroll report or other document in conjunction with an audit conducted by the system to verify the employer’s premium, the manager may issue a subpena to require the production of that document.

      2.  If an employer refuses to produce any document as required by the subpena, the manager may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of the production of the document;

      (b) The employer has been subpenaed by the manager pursuant to this section; and

      (c) The employer has failed or refused to produce the document required by the subpena,

and asking for an order of the court compelling the employer to produce the document.

      3.  Upon such petition, the court shall enter an order directing the employer to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and to show cause why he has not produced the document. A certified copy of the order must be served upon the employer.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2391 (Chapter 723, SB 7)ê

 

      4.  If it appears to the court that the subpena was regularly issued by the manager, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court.

      Sec. 11.  Any person who willfully makes a false statement or representation concerning the employment of any person who is receiving benefits pursuant to this chapter is guilty of a gross misdemeanor.

      Sec. 12.  1.  A physician or chiropractor attending an injured employee shall not refer that employee to a health facility or service in which the physician or chiropractor has a financial interest, including an interest as a limited partner, unless he first discloses that interest in writing to the injured employee and the insurer. Upon the request of an injured employee to whom such a disclosure is made, the physician or chiropractor shall provide the injured employee with a referral to a health facility or service in which the physician or chiropractor does not have a financial interest. The injured employee must not be penalized for refusing to use a health facility or service in which the physician or chiropractor has a financial interest, if the injured employee promptly notifies the insurer in writing of his objection to using the facility or service.

      2.  An used in this section, “health facility” means any facility in or through which services related to the care and observation of patients, the diagnosis of human diseases, the treatment and rehabilitation of patients or other related services are provided. The term includes any parent, affiliate, subsidiary or partner of such a facility and any other entity which has a primary purpose of providing a benefit to such a facility.

      Sec. 13.  1.  An insurer may authorize a referral for treatment outside this state if:

      (a) The injured employee lives outside this state;

      (b) The required treatment or specialty is not available in this state; or

      (c) The injury occurs outside this state and emergency medical care is required.

      2.  If the injured employee resides in this state and the required treatment or specialty is available in this state, and if emergency medical care is not required, the insurer may authorize treatment outside this state if:

      (a) The injured employee, the employer or the insurer requests such treatment in writing;

      (b) The insurer’s medical advisor indicates in writing that the request is appropriate; and

      (c) A licensed physician or chiropractor, selected by the insurer, whose specialty is most directly related to the employee’s injury, concurs in writing that the request is appropriate. If the physician or chiropractor does not render an opinion within 10 days after the insurer’s request, the request for treatment outside this state shall be deemed concurred in by the physician or chiropractor.

      3.  Unless the injured employee lives outside this state, the necessary medical care is unavailable in this state or a medical emergency exists, an injured employee who requests medical services outside this state must be reimbursed for travel and mileage only to the nearest place within this state where adequate medical care is available.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2392 (Chapter 723, SB 7)ê

 

      Sec. 14.  The administrator shall not designate a chiropractor to rate permanent partial disabilities unless the chiropractor has completed an advanced program of training in rating disabilities using the American Medical Association’s Guides to the Evaluation of Permanent Impairment which is offered or approved by the administrator.

      Sec. 15.  1.  A principal contractor is not liable for the payment of compensation for any industrial injury to any independent contractor or any employee of an independent contractor if:

      (a) The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to this chapter;

      (b) Proof of such coverage is provided to the principal contractor;

      (c) The principal contractor is not engaged in any construction project; and

      (d) The independent contractor is not in the same trade, business, profession or occupation as the principal contractor.

      2.  The administrator may adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 16.  1.  A person is not an employer for the purposes of this chapter if:

      (a) He enters into a contract with another person or business which is an independent enterprise; and

      (b) He is not in the same trade, business, profession or occupation as the independent enterprise.

      2.  As used in this section, “independent enterprise” means a person who holds himself out as being engaged in a separate business and:

      (a) Holds a business or occupational license in his own name; or

      (b) Owns, rents or leases property used in furtherance of his business.

      3.  The provisions of this section do not apply to a principal contractor who is licensed pursuant to chapter 624 of NRS.

      4.  The administrator may adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 17.  1.  A person shall not act as a third-party administrator for a self-insured employer’s plan of self-insurance without a certificate issued by the commissioner pursuant to NRS 683A.085.

      2.  A person who acts as a third-party administrator for a self-insured employer’s plan of self-insurance pursuant to this chapter shall:

      (a) Administer from one or more offices located in this state all of the claims arising under each plan of self-insurance that he administers and maintain in those offices all of the records concerning those claims;

      (b) Administer each plan of self-insurance directly, without subcontracting with another third-party administrator; and

      (c) Upon the termination of his contract with a self-insured employer, transfer forthwith to a certified third-party administrator chosen by the employer all of the records in his possession concerning claims arising under the plan of self-insurance.

      3.  The commissioner may, under exceptional circumstances, waive the requirements of subsection 2.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2393 (Chapter 723, SB 7)ê

 

      Sec. 18.  1.  An employer who is certified as a self-insured employer pursuant to the provisions of NRS 616.293 may enter into a contract to have his plan of self-insurance administered by a third-party administrator.

      2.  A self-insured employer shall not enter into a contract with any person for the administration of any part of the employer’s plan of self-insurance unless that person maintains an office in this state and has a valid certificate issued by the commissioner pursuant to NRS 683A.085.

      Sec. 19.  The commissioner shall impose an administrative fine, not to exceed $1,000 for each violation, and may withdraw the certification of any third-party administrator who:

      1.  Fails to comply with regulations of the commissioner regarding reports or other requirements necessary to carry out the purposes of this chapter; or

      2.  Violates any provision of section 17 of this act or any regulation adopted by the commissioner or the administrator concerning the administration of the employer’s plan of self-insurance.

      Sec. 20.  The commissioner may adopt any regulations that are necessary to carry out the provisions of sections 17, 18 and 19 of this act.

      Sec. 21.  1.  An employer shall establish a written safety program if he has a rate of occupational injury and illness that is in the highest 25 percent in this state for his standard industrial classification.

      2.  The written safety program must include:

      (a) The establishment of a training program for employees concerning safety in the workplace, particularly in those areas where there have been recurring injuries.

      (b) The establishment of a safety committee which includes, whenever possible, an equal number of representatives of employees and employers. If the employees are represented by a labor organization, the representatives of employees must be selected by the employees and not appointed by the employer.

      (c) Training on identifying potential hazards in the workplace.

      (d) The review and application of state and federal statutes, regulations and standards concerning occupational safety and health.

      (e) A requirement for the periodic consultation of the employer with the division of enforcement for industrial safety and health of the department.

      3.  A representative of employees while engaging in the business of a safety committee, including attendance at meetings, inspections or any other activity of the committee, must be paid by his employer as if that employee were engaged in his usual work activities.

      4.  The administrator of the division of preventative safety of the department shall develop and provide each employer with a written manual which includes:

      (a) Information concerning safety, health and emergencies in the workplace, and the establishment of a training program for employees with regard to those matters;

      (b) A listing and description of safe work practices; and

      (c) Guidelines for the establishment of a safety committee.

      5.  Any other employer may establish a written safety program and a safety committee.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2394 (Chapter 723, SB 7)ê

 

      6.  An employer who has a rate of occupational injury and illness that is in the highest 25 percent in this state for his standard industrial classification, who employs 25 or more persons and who hires temporary employees shall hold a meeting and provide specialized training concerning safety for those temporary employees before they begin work at each site or as soon as possible thereafter.

      7.  The manager shall increase by 3 percent the premium of any employer who violates the provisions of subsection 1, and shall transfer any additional premium received by him pursuant to this subsection to the department for use by the division of preventative safety.

      8.  The administrator of the division of enforcement for industrial safety and health may grant an exemption from any of the provisions of this section to an employer who has a rate of occupational injury and illness that is in the lowest 25 percent of all employers in this state.

      Sec. 22.  1.  An insurer shall provide to the administrator upon written request only information in its possession which is necessary for the enforcement of any provision of this chapter or chapter 617 of NRS, or any regulation or standard adopted pursuant thereto, within 30 days after the date of the request. The written request must:

      (a) Specifically indicate what information is being requested; and

      (b) The statute, regulation or standard adopted pursuant thereto for which the information is needed.

      2.  Upon the receipt of a written request from an insurer, the administrator may extend the time within which information must be provided if good cause for granting the extension is shown.

      Sec. 23.  If an insurer, employer or claimant, or the representative of an insurer, employer or claimant, appeals the decision of an appeals officer, that decision is not stayed unless a stay is granted by the appeals officer or the district court within 30 days after the date on which the decision was rendered.

      Sec. 24.  1.  A hearing officer or appeals officer shall not order self-employment for an injured employee or the payment of compensation in a lump sum for vocational rehabilitation.

      2.  An insurer, an employer and an injured employee may execute an agreement concerning self-employment.

      Sec. 25.  1.  The director shall cause to be conducted at least every 3 years an audit of all insurers who provide benefits to injured employees pursuant to this chapter or chapter 617 of NRS. The director shall cause to be conducted each year on a random basis additional partial audits of any insurer who has a history of violations of the provisions of this chapter or chapter 617 of NRS, or the regulations adopted pursuant thereto, as determined by the director.

      2.  The director shall require the use of standard auditing procedures and shall establish a manual to describe the standard auditing procedures. The manual must include:

      (a) Specific audit objectives;

      (b) Standards for documentation;

      (c) Policies for supervisory review;

      (d) Policies for the training of auditors;

      (e) The format for the audit report; and


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2395 (Chapter 723, SB 7)ê

 

      (f) Procedures for the presentation, distribution and retention of the audit report.

      3.  The commissioner and the director shall establish a procedure for sharing information between the insurance division of the department of commerce and the department concerning the qualifications of employers as self-insured employers pursuant to NRS 616.291.

      4.  On or before March 1 of each year, the director shall make a report of each audit to the legislature, if it is in session, or to the interim finance committee if the legislature is not in session.

      Sec. 26.  1.  The manager shall make available a program, using a videotape cassette or other means of presentation, concerning the rights and responsibilities of employers and employees pursuant to this chapter and chapter 617 of NRS. The manager shall provide written notification concerning the availability of the program to each chamber of commerce in Nevada and to each statewide association for a business or industry. The program must be available to community organizations, businesses, employers and employees upon request.

      2.  The manager shall provide each:

      (a) Employer who attends a program, a certificate which certifies that he has completed the program described in subsection 1. The employer shall post the certificate in his business in a place that is readily accessible and visible to his employees.

      (b) Employee who attends a program, a card which certifies that he has completed the program described in subsection 1.

      3.  The manager shall identify those employers whose employees sustained injuries during the preceding calendar year at a rate that he determines is significantly greater than the rate of injuries for that industry as a whole. The manager shall provide consultation concerning safety to such employers.

      4.  If an employer refuses to consult with the manager concerning safety, the manager may assess the employer an administrative penalty of not more than $1,000 or adjust the premium rate of the employer.

      Sec. 27.  On or before September 1 of each year, the system shall distribute to each employer that it insures and shall make available to physicians and chiropractors, any form for reporting injuries that has been revised within the previous 12 months.

      Sec. 28.  1.  The system shall establish teams of employees of the system to manage extended claims. Each such term must include a claims examiner, nurse and vocational rehabilitation counselor.

      2.  The case load for a claims examiner who is a member of such a team must not exceed 200 active claims. The manager shall determine the case load for the other members of a team. The case load for vocational rehabilitation counselors who conduct full vocational assessments must not exceed 35 active claims.

      3.  Within 10 days after a case is assigned to a team to manage extended claims, a nurse or a claims examiner who represents the system shall consult with the injured employee, the employer and the physician of the injured employee to establish a plan of care for the injured employee, whenever practicable.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2396 (Chapter 723, SB 7)ê

 

      4.  The plan of care for the injured employee must provide early intervention, if appropriate, and may include:

      (a) Physical therapy, medical services and rehabilitation;

      (b) Occupational therapy;

      (c) Psychological examination;

      (d) Vocational rehabilitation services; and

      (e) Diagnostic services.

      5.  The team shall provide the employer and the treating physician or chiropractor with information concerning the injured employee, including:

      (a) Any changes in the treating physician or chiropractor; and

      (b) Information concerning the denial of a claim.

      Sec. 29.  A member of a team established pursuant to section 28 of this act shall represent the system in a hearing concerning an extended claim managed by the team, whenever practicable.

      Sec. 30.  The chief of the hearings division of the department of administration shall:

      1.  Prescribe by regulation the qualifications and training required before a person may, pursuant to this chapter or chapter 617 of NRS, serve as a hearing officer. Training for a hearing officer must include techniques of mediation.

      2.  Provide for the expediting of the hearing of cases that involve the termination or denial of compensation.

      Sec. 31.  An insurer shall adhere to the following priorities in returning an injured employee to work:

      1.  Return the injured employee to the job he had before his injury.

      2.  Return the injured employee to a job with the employer he worked for before his accident that accommodates any limitation imposed by his injury.

      3.  Return the injured employee to employment with another employer in a job that uses his existing skills.

      4.  Provide training for the injured employee while he is working in another vocation.

      5.  Provide formal training or education for the injured employee in another vocation.

      Sec. 32.  1.  If an injured employee is eligible for vocational rehabilitation services pursuant to subsection 3 of NRS 616.222, the insurer and the injured employee may execute a written agreement providing for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services.

      2.  If the insurer and the injured employee execute an agreement pursuant to subsection 1, the acceptance of the payment of compensation in a lump sum by the injured employee extinguishes his right to receive vocational rehabilitation services under his claim.

      3.  Before executing an agreement pursuant to subsection 1, an insurer must:

      (a) Order an assessment of and counseling concerning the vocational skills of the injured employee;

      (b) Consult with the employer of the injured employee; and

      (c) Provide a written notice to the injured employee that contains the following statements:


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2397 (Chapter 723, SB 7)ê

 

             (1) That the injured employee is urged to seek assistance and advice from the Nevada attorney for injured workers or to consult with a private attorney before signing the agreement.

             (2) That the injured employee may rescind the agreement within 20 days after he signs it.

             (3) That the 20-day period pursuant to subparagraph (2) may not be waived.

             (4) That acceptance by the injured employee of payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services extinguishes his right to receive such services.

      4.  No payment of compensation in a lump sum may be made pursuant to this section until the 20-day period provided for the rescission of the agreement has expired.

      Sec. 33.  1.  The system may execute agreements for the provision of vocational rehabilitation services for injured employees with the employment security department, the rehabilitation division of the department of human resources and any other state or federal agency which provides such services. The fees for those services must be established by the agency which provides the services. The provisions of this subsection do not preclude the system from providing vocational rehabilitation services for injured employees.

      2.  The administrator shall adopt regulations concerning the use of programs that provide vocational rehabilitation services and which are located outside Nevada.

      Sec. 34.  1.  The system may execute an agreement for the provision of vocational rehabilitation services for injured employees with a private person if:

      (a) The manager proves to the satisfaction of the administrator that such an agreement is necessary because the system lacks sufficient resources to provide such services for all injured employees presently eligible for them; and

      (b) The selection of a private person to provide vocational rehabilitation services is made from bids received in accordance with chapter 333 of NRS.

      2.  The manager shall appoint a committee of five persons to oversee the bidding and develop criteria for the selection of a private person to provide vocational rehabilitation services. The criteria must include, without limitation:

      (a) A bidder’s previous record of successful rehabilitation of injured employees, including the average costs of the placement of those employees in other employment

      (b) A bidder’s performance on previous contracts entered into with governmental agencies;

      (c) The services provided by a bidder with regard to training injured employees for and placing them in other employment, and the average rates of pay for that employment; and

      (d) The record of a bidder in placing injured employees in other employment.

The successful bidder must be selected based on these criteria. The committee may assign a different value to each of the various criterion.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2398 (Chapter 723, SB 7)ê

 

      3.  The bidding and the records related to the bidding are subject to review by any member of the public upon request.

      4.  The successful bidder must be a person certified to provide vocational rehabilitation services by a national organization recognized and approved by the director.

      Sec. 35.  (Deleted by amendment.)

      Sec. 36.  1.  An insurer shall schedule a rating for an injured employee within 30 days after the injured employee is determined to be stable and ratable by the treating physician or chiropractor.

      2.  A rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss.

      3.  A self-insured employer shall refer an injured employee who is entitled to compensation for a permanent partial disability to the department for a rating by a physician or chiropractor selected in rotation from the list of qualified physicians or chiropractors designated by the administrator pursuant to subsection 2 of NRS 616.605, according to the order in which their names appear on the list.

      Sec. 37.  1.  If an injured employee disagrees with the percentage of disability determined by a physician, the injured employee may choose another physician from the list established pursuant to NRS 616.605 and obtain a second determination of the percentage of disability. The injured employee shall pay for the second determination.

      2.  The results of a second determination made pursuant to subsection 1 may be offered at any hearing or settlement conference.

      3.  If a hearing officer or appeals officer determines, or if the parties agree, that the percentage of disability of the injured employee is greater than the first determination, the insurer shall reimburse the injured employee for the costs of the second determination.

      Sec. 38.  NRS 616.015 is hereby amended to read as follows:

      616.015  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 616.020 to 616.120, inclusive, and sections 3 to 7, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 39.  NRS 616.025 is hereby amended to read as follows:

      616.025  “Accident benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including artificial members. The term includes medical benefits as defined by NRS 617.130 [.] and any preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment.

      Sec. 40.  NRS 616.027 is hereby amended to read as follows:

      616.027  1.  Except as otherwise provided in subsections 3, “average monthly wage” means the lesser of:

      (a) The monthly wage actually received or deemed to have been received by the employee on the date of the accident or injury to the employee excluding remuneration from employment:


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ê1991 Statutes of Nevada, Page 2399 (Chapter 723, SB 7)ê

 

             (1) Not subject to the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act;

             (2) Specified in NRS 616.255 or 617.180; and

             (3) For which coverage is elective, but has not been elected; or

      (b) One hundred fifty percent of the state average weekly wage as most recently computed by the employment security department during the fiscal year preceding the date of the injury or accident, multiplied by 4.33.

      2.  For the purposes of this section, “wage” is increased by the amount of tips reported by an employee to his employer pursuant to 26 U.S.C. § 6053(a), except:

      (a) Tips in a form other than cash; and

      (b) Tips in cash which total less than $20 per month.

      3.  For the purpose of increasing compensation for permanent total disability pursuant to NRS 616.6262 or increasing death benefits pursuant to NRS 616.6282, “average monthly wage” has the meaning shown in the following schedule:

 

                                                                                         Average Monthly Wage

           Effective Date                                                          for Prior Fiscal Year

 

July 1, 1973................................................................        $688.60

July 1, 1974................................................................          727.48

July 1, 1975................................................................          761.47

July 1, 1976................................................................          807.33

July 1, 1977................................................................          858.29

July 1, 1978................................................................          918.05

July 1, 1979................................................................          992.31

July 1, 1980................................................................       1,061.24

 

      Sec. 41.  NRS 616.069 is hereby amended to read as follows:

      616.069  A member of the Nevada Wing of the Civil Air Patrol who participates:

      1.  In a mission; or

      2.  In training,

which has been authorized by the division of emergency management of the department of the military shall be deemed for the purposes of this chapter to be an employee of the division of emergency management at the wage of $600 per month and, in the event of injury during such a mission or training, is entitled to the benefits of this chapter.

      Sec. 42.  NRS 616.085 is hereby amended to read as follows:

      616.085  1.  [Subcontractors and their employees] Except as otherwise provided in section 16 of this act, subcontractors, independent contractors and the employees of either shall be deemed to be employees of the principal contractor [.] for the purposes of this chapter.

      2.  If the subcontractor is a sole proprietor or partnership licensed pursuant to chapter 624 of NRS, the sole proprietor or partner shall be deemed to receive a wage of $500 per month for the purposes of this chapter.


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ê1991 Statutes of Nevada, Page 2400 (Chapter 723, SB 7)ê

 

      3.  This section does not affect the relationship between a principal contractor and a subcontractor or independent contractor for any purpose outside the scope of this chapter.

      Sec. 43.  NRS 616.110 is hereby amended to read as follows:

      616.110  1.  “Injury” and “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result, including injuries to artificial members. Any injury sustained by an employee while engaging in an athletic or social event sponsored by [the] his employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in [such] the event.

      2.  For the purposes of this chapter, coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall [not] be deemed not to be an injury by accident sustained by an employee arising out of and in the course of [the] his employment.

      3.  For the purposes of this chapter, the exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his employment.

      Sec. 44.  NRS 616.182 is hereby amended to read as follows:

      616.182  1.  Except as otherwise provided in this section, the department of industrial relations shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the department’s regulations.

      2.  The commissioner of insurance is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers and third-party administrators pursuant to NRS 616.291 to 616.298, inclusive, [616.337 and 616.338.] NRS 616.338 and chapter 683A of NRS.

      3.  The department of administration is responsible for administrative appeals relating to workers’ compensation pursuant to NRS 616.541 to 616.544, inclusive [.] , and section 23 of this act. The system is responsible for administrative appeals pursuant to NRS 616.392.

      4.  The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.

      5.  The division of industrial insurance regulation is responsible for the investigation of complaints. If a complaint is filed with the division by an employee of a self-insured employer, or by a third-party administrator or provider of medical care regarding compliance of a self-insured employer with statutes or the department’s regulations, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons.

      6.  If an investigation conducted pursuant to subsection 5 indicates that a self-insured employer has failed to comply with a statute or regulation, the administrator may order that an evidentiary hearing take place. Upon a finding that material noncompliance has occurred, the administrator shall impose a fine of not more than $1,000 against the self-insured employer. Two or more findings of material noncompliance within a 12-month period constitute grounds for the suspension of the self-insured employer’s certification by the commissioner of insurance.


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ê1991 Statutes of Nevada, Page 2401 (Chapter 723, SB 7)ê

 

or more findings of material noncompliance within a 12-month period constitute grounds for the suspension of the self-insured employer’s certification by the commissioner of insurance.

      Sec. 45.  NRS 616.220 is hereby amended to read as follows:

      616.220  The administrator shall:

      1.  Prescribe by regulation the time within which adjudications and awards must be made.

      2.  Regulate forms of notices, claims and other blank forms deemed proper and advisable.

      3.  Prescribe by regulation the methods by which an insurer may approve or reject claims, and may determine the amount and nature of benefits payable in connection therewith. Every such approval, rejection and determination is subject to review by a hearing officer.

      4.  Provide by regulation for adequate notice to each claimant of his right:

      (a) To review by a hearing officer of any determination or rejection by the insurer.

      (b) To judicial review of any final decision.

      5.  Prescribe by regulation the criteria by which an insurer who orders rehabilitative services for an injured worker must provide those services.

      6.  Prescribe by regulation the method for reimbursing an injured worker for expenses necessarily incurred for travel more than 20 miles one way from his residence or place of employment to his destination as a result of an industrial injury.

      7.  Except with respect to any matter committed by specific statute to the regulatory authority of another person or agency, adopt such other regulations as he deems necessary to carry out the provisions of this chapter and chapter 617 of NRS.

      Sec. 46.  NRS 616.221 is hereby amended to read as follows:

      616.221  [Any] Except as otherwise provided in NRS 616.377 and 617.275, any party who is aggrieved by a decision of the administrator may appeal that decision directly to the district court.

      Sec. 47.  NRS 616.222 is hereby amended to read as follows:

      616.222  1.  [To] Except as otherwise provided in this section, to aid in returning an injured employee to work or to assist in lessening or removing any resulting handicap, the insurer [may] shall order counseling, training or other rehabilitative services for the injured employee regardless of the date on which he first became entitled to compensation.

      2.  Before ordering any rehabilitative services for an injured employee there must first be a consultation with the injured employee and the treating physician or chiropractor with respect to whether the proposed program is compatible with the injured employee’s age, sex and physical condition. If the services will involve a change in vocation, the consultation must also include a consultation with the employer of the injured employee and a rehabilitation counselor.

      3.  An injured employee is eligible for vocational rehabilitation services If:

      (a) The treating physician or chiropractor approves the return of the injured employee to work but imposes restrictions that prevent the injured employee from returning to the job he held before his injury and the employer of the injured employee does not offer employment that the employee is eligible for considering those restrictions; or

 


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ê1991 Statutes of Nevada, Page 2402 (Chapter 723, SB 7)ê

 

of the injured employee does not offer employment that the employee is eligible for considering those restrictions; or

      (b) During the course of treatment, the treating physician or chiropractor recommends the injured employee for assessment for vocational rehabilitation services.

      4.  Vocational rehabilitation services ordered by an insurer may include the formal education of the injured employee only if:

      (a) The priorities set forth in section 31 of this act for returning an injured employee to work are followed;

      (b) The education is recommended by a plan of vocational rehabilitation; and

      (c) A written proposal concerning the probable economic benefits to the employee and the necessity of the education is submitted to the insurer.

      5.  Any employee eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other rehabilitative services offered by the insurer.

      6.  If an insurer cannot locate an injured employee for whom it has ordered vocational rehabilitative services, the insurer may close his claim 21 days after the insurer determines that the employee cannot be located. The insurer must make a reasonable effort to locate the employee.

      7.  The reappearance of the injured employee after his claim has been closed does not automatically reinstate his eligibility for vocational rehabilitative benefits. If the employee wishes to reestablish his eligibility for such benefits, he must file a written application with the insurer to reinstate his claim. The insurer shall reinstate the employee’s claim if good cause is shown for the employee’s absence.

      Sec. 48.  (Deleted by amendment.)

      Sec. 49.  NRS 616.226 is hereby amended to read as follows:

      616.226  1.  Appeals officers, the administrator and the manager, in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations adopted under this chapter may:

      (a) Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.

      (b) Administer oaths.

      (c) Certify to official acts.

      (d) Call and examine under oath any witness or party to a claim.

      (e) Maintain order.

      (f) Rule upon all questions arising during the course of a hearing or proceeding.

      (g) Permit discovery by deposition or interrogatories.

      (h) Initiate and hold conferences for the settlement or simplification of issues.

      (i) Dispose of procedural requests or similar matters.

      (j) Generally regulate and guide the course of a pending hearing or proceeding.

      2.  Hearing officers in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations adopted under this chapter may:


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ê1991 Statutes of Nevada, Page 2403 (Chapter 723, SB 7)ê

 

      (a) Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents that are relevant to the dispute for which the hearing or other proceeding are being held.

      (b) Maintain order.

      (c) Permit discovery by deposition or interrogatories.

      (d) Initiate and hold conferences for the settlement or simplification of issues.

      (e) Dispose of procedural requests or similar matters.

      (f) Generally regulate and guide the course of a pending hearing or proceeding.

      3.  After a determination is made pursuant to a hearing or other proceeding, the insurer shall notify the injured employee, the employer and the physician or chiropractor who is treating the injured employee of the determination.

      Sec. 50.  NRS 616.2537 is hereby amended to read as follows:

      616.2537  1.  [The] Except as otherwise provided in subsection 3, the Nevada attorney for injured workers shall, when appointed by an appeals officer or the administrator, represent without charge a claimant before the appeals officer, administrator, district court or supreme court. In addition, the Nevada attorney for injured workers may give advice regarding a claimant’s rights before a hearing officer and the procedure for enforcing those rights.

      2.  When representing a claimant, the Nevada attorney for injured workers shall:

      (a) Advise the claimant and present his case to the appeals officer or administrator; and

      (b) Present in the district court or supreme court an appeal from the decision of the appeals officer or administrator if, in the opinion of the Nevada attorney for injured workers, the appeal is merited.

      3.  If the Nevada attorney for injured workers determines, in accordance with the guidelines adopted pursuant to subsection 4, that a claim is frivolous or lacks merit, he may refuse to represent a claimant.

      4.  The Nevada attorney for injured workers shall establish the policies to be followed in determining whether a claim is frivolous or lacks merit.

      Sec. 51.  NRS 616.294 is hereby amended to read as follows:

      616.294  1.  The commissioner [may] shall impose an administrative fine, not to exceed [$500] $1,000 for each violation, and [may] :

      (a) Shall withdraw the certification of a self-insured employer if:

      [(a)] (1) The deposit required pursuant to NRS 616.291 is not sufficient and the employer fails to increase the deposit after he has been ordered to do so by the commissioner;

      [(b)] or

             (2) The self-insured employer fails to provide evidence of excess insurance pursuant to NRS 616.291 within 45 days after he has been so ordered . [;

      (c)] (b) May withdraw the certification of a self-insured employer if:

             (1) The employer intentionally fails to comply with regulations of the commissioner regarding reports or other requirements necessary to carry out the purposes of this chapter; [or


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ê1991 Statutes of Nevada, Page 2404 (Chapter 723, SB 7)ê

 

      (d)] (2) The employer violates the provisions of subsection 2 of section 18 of this act or any regulation adopted by the commissioner or the administrator concerning the administration of the employer’s plan of self-insurance; or

             (3) The employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation after an order for payment of any claim becomes final.

      2.  Any employer whose certification as a self-insured employer is withdrawn must, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616.305.

      Sec. 52.  NRS 616.2945 is hereby amended to read as follows:

      616.2945  The commissioner [may] shall impose an administrative fine, not to exceed $5,000, if an employer whose certification as a self-insured employer has terminated fails to pay compensation [under] pursuant to this chapter or chapter 617 of NRS after an order for payment of any claim becomes final.

      Sec. 53.  NRS 616.330 is hereby amended to read as follows:

      616.330  1.  Every employer receiving from the system or administrator any blank form with directions to fill it out shall:

      [1.] (a) Cause it to be filled out properly.

      [2.] (b) Answer fully and correctly all questions therein propounded, and if unable to do so, shall give good and sufficient reasons for his failure. Answers to questions must be verified and returned to the system or administrator within [the period fixed by the system or administrator for return.] 6 working days.

      2.  The administrator shall impose an administrative fine if an employer fails to comply with the provisions of subsection 1. The administrator may impose a fine of not more than $1,000 for each failure to comply.

      Sec. 54.  NRS 616.340 is hereby amended to read as follows:

      616.340  1.  Every employer within the provisions of this chapter [,] shall, immediately upon the occurrence of an injury to any of his employees, render to the injured employee all necessary first aid, including the cost of transportation of the injured employee to the nearest place of proper treatment if the injury is such as to make it reasonably necessary for such transportation.

      2.  Each such employer who is not self-insured or his agent shall [within 6 working days following receipt of knowledge of an injury to an employee,] notify the insurer’s claims administrator in writing of the accident. The notification of the accident must be postmarked within 6 working days after receipt of knowledge of the accident and must be postmarked within 6 working days after receipt of knowledge of the accident and, if the injured employee is expected to be off work for 5 days or more, must include a statement of the wages of the injured employee. An employee of the system shall not complete any form concerning the accident for an employer unless the employer:

      (a) Is not in business;

      (b) Has not been located by the insurer within 5 working days after receipt of the notification of the accident; or

      (c) Refuses to complete the forms.


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ê1991 Statutes of Nevada, Page 2405 (Chapter 723, SB 7)ê

 

      3.  Each employer who files a report of an injury with the insurer shall file a full report of every known injury to the employee arising out of and in the course of his employment and resulting in his loss of life or injury. The report must be:

      (a) Signed by the employer or his designee; and

      (b) Furnished to the insurer in the form prescribed and contain specific answers to all questions required by the regulations of the department.

      4.  An employer who is not self-insured is entitled to receive reimbursement from his insurer for the costs incurred in rendering the necessary first aid and transportation of an injured employee to the nearest place of proper treatment.

      [4.  Any employer who fails to comply with the provisions of subsection 2 may be fined not more than $250 for each failure.]

      Sec. 55.  (Deleted by amendment.)

      Sec. 56.  NRS 616.342 is hereby amended to read as follows:

      616.342  1.  The administrator [may appoint] shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under this chapter. [Physicians and chiropractors so appointed constitute a panel of physicians and chiropractors, and every] Every employer shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his employees.

      2.  An injured employee may choose his treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. Any further change is subject to the approval of the insurer.

      3.  Except when emergency medical care is required and except as provided in NRS 616.502, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the employee in disregard of the provisions of this section or for any compensation for any aggravation of the employee’s injury attributable to improper treatments by such physician, chiropractor or other person.

      4.  The administrator may order necessary changes in a panel of physicians and chiropractors and [may] shall suspend or remove any physician or chiropractor from a panel [.] for good cause shown.

      5.  An injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment.

      Sec. 57.  NRS 616.342 is hereby amended to read as follows:

      616.342  1.  The administrator shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under this chapter. Every employer shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his employees.

      2.  An injured employee may choose his treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury.


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ê1991 Statutes of Nevada, Page 2406 (Chapter 723, SB 7)ê

 

satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services he rendered to the injured employee up to and including the date of notification. Any further change is subject to the approval of the insurer.

      3.  Except when emergency medical care is required and except as provided in NRS 616.502, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the employee in disregard of the provisions of this section or for any compensation for any aggravation of the employee’s injury attributable to improper treatments by such physician, chiropractor or other person.

      4.  The administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown.

      5.  An injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment.

      Sec. 58.  NRS 616.342 is hereby amended to read as follows:

      616.342  1.  The administrator shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under this chapter. Every employer shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his employees.

      2.  An injured employee may choose his treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services he rendered to the injured employee up to and including the date of notification. Any further change is subject to the approval of the insurer [.] , which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee.

      3.  Except when emergency medical care is required and except as provided in NRS 616.502, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the employee in disregard of the provisions of this section or for any compensation for any aggravation of the employee’s injury attributable to improper treatments by such physician, chiropractor or other person.


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ê1991 Statutes of Nevada, Page 2407 (Chapter 723, SB 7)ê

 

      4.  The administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown.

      5.  An injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment.

      Sec. 59.  NRS 616.345 is hereby amended to read as follows:

      616.345  1.  Every employer within the provisions of this chapter, and every physician or chiropractor who attends an injured employee within the provisions of this chapter, shall file with the insurer a [full] complete report of every known injury to the employee arising out of and in the course of his employment and resulting in his loss of life or injury.

      2.  Reports must be furnished to the insurer in the form prescribed , must be postmarked within 3 working days following receipt of knowledge of an injury to an employee and must contain special answers to all questions required by the regulations of the department.

      3.  The administrator shall impose an administrative fine on a person who fails to comply with the provisions of subsection 1. The administrator may impose a fine of not more than $1,000 for each failure.

      Sec. 60.  NRS 616.345 is hereby amended to read as follows:

      616.345  1.  Every employer within the provisions of this chapter, and every physician or chiropractor who attends an injured employee within the provisions of this chapter [,] shall file with the insurer a complete report of every known injury to the employee arising out of and in the course of his employment and resulting in his loss of life or injury.

      2.  Reports must be furnished to the insurer in the form prescribed, [must] be postmarked within 3 working days [following receipt of knowledge of an injury to an] after the examination of the employee and [must] contain special answers to all questions required by the regulations of the department.

      3.  The administrator shall impose an administrative fine on a person who fails to comply with the provisions of subsection 1. The administrator may impose a fine of not more than $1,000 for each failure.

      Sec. 61.  NRS 616.354 is hereby amended to read as follows:

      616.354  1.  [No] A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any other unrelated services which are requested in writing by the patient.

      2.  The insurer is liable for all charges for approved services if the charges do not exceed:

      (a) The fees established in accordance with NRS 616.412 or the usual fee charged by that person or institution, whichever is less; and

      (b) The charges provided for by the contract between the provider of health care and the insurer.

      3.  If a provider of health care or an insurer violates the provisions of this section, the administrator [may] shall impose an administrative fine not to exceed $250 for each violation.


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ê1991 Statutes of Nevada, Page 2408 (Chapter 723, SB 7)ê

 

      Sec. 62.  NRS 616.375 is hereby amended to read as follows:

      616.375  1.  If any employer within the provisions of NRS 616.285 fails to provide and secure compensation under this chapter, any injured employee or his dependents may bring an action at law against [such] the employer for damages as if this chapter did not apply.

      2.  The injured employee or his dependents may in such an action attach the property of the employer at any time upon or after the institution of [such] the action, in an amount fixed by the court, to secure the payment of any judgment which is ultimately obtained. The provisions of chapters 31 and 71 of NRS [shall] govern the issuance of, and proceedings upon, [such] the attachment.

      3.  In such an action , [as in this section provided,] the employer [shall] does not escape liability for personal injury or accident sustained by [an employee of such employer,] the employee, when the injury sustained arises out of and in the course of the employment, because:

      (a) The employee assumed the risks:

             (1) Inherent or incidental to, or arising out of his employment;

             (2) Arising from the failure of the employer to provide and maintain a reasonably safe place to work; or

             (3) Arising from the failure of the employer to furnish reasonably safe tools , motor vehicles or appliances.

      (b) The employer exercised reasonable care in selecting reasonably competent employees in the business.

      (c) The injury was caused by the negligence of a coemployee.

      (d) The employee was negligent, unless it appears that such negligence was willful and with intent to cause injury or the injured party was intoxicated.

In such cases it [shall be] is presumed that the injury to the employee was the result of the negligence of the employer and that such negligence was the proximate cause of the injury [. In such case] , and the burden of [the] proof rests upon the employer to rebut the presumption of negligence.

      Sec. 63.  NRS 616.377 is hereby amended to read as follows:

      616.377  1.  If an employee who has been hired [and] or who is regularly employed in this state suffers an accident or injury arising out of and in the course of his employment, and his employer has failed to provide mandatory industrial insurance coverage, the employee may elect to receive compensation [under the provisions of this chapter] from the uninsured employers’ claim fund by:

      (a) Filing a claim for compensation with the system;

      (b) Filing a written notice of his election with the [administrator; and

      (b)]division; and

      (c) Making an irrevocable assignment to the [administrator] division of his right of action against the uninsured employer.

      2.  If the system receives a claim pursuant to subsection 1, the system shall immediately:

      (a) Notify the employer of the claim; and

      (b) Deliver to the division any evidence regarding the claim and any evidence indicating that the employer was uninsured.


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ê1991 Statutes of Nevada, Page 2409 (Chapter 723, SB 7)ê

 

      3.  For the purposes of this section, the employer has the burden of proving that he provided mandatory industrial insurance coverage for the employee.

      4.  Any employer who has failed to provide mandatory coverage required [under] by the provisions of this chapter [does not escape liability in any action brought by the employee or the administrator by asserting any of the defenses enumerated in subsection 3 of NRS 616.375 and the presumption of negligence set forth in that subsection is applicable.

      3.  The administrator shall assign a claim of an employee of an uninsured employer to the system for settlement and the payment of benefits and shall reimburse the system for claims adjusted and benefits paid.

      4.  A self-insured employer must] is liable for all payments made on his behalf, including any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim fund or incurred by the division or department.

      5.  The division:

      (a) May recover from the employer the payments described in subsection 4 and any accrued interest by bringing a civil action in district court.

      (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employee’s injury.

      (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.

      (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

      6.  The division shall determine whether the employer was insured within 30 days after receiving notice of the claim from the employee. Upon determining that a claim is valid, the division shall assign the claim to the system for administration of the claim, payment of benefits and reimbursement of costs of administration and benefits paid to the system. Upon determining that a claim is invalid, the division shall notify the claimant, the named employer and the system that the claim will not be assigned for benefits from the uninsured employers’ claim fund.

      7.  Any party aggrieved by a decision regarding the administration of an assigned claim or a decision made by the division or by the system regarding any claim made pursuant to this section may appeal that decision within 60 days after the decision is rendered to the hearings division of the department of administration in the manner provided by NRS 616.5412 to 616.544, inclusive.

      8.  All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and [is] are entitled to a proportionate amount of [the assignment] any collection made pursuant to this section [.] as an offset against future liabilities.

      9.  An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers’ claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2410 (Chapter 723, SB 7)ê

 

      10.  Attorney’s fees recoverable by the division pursuant to this section must be:

      (a) If a private attorney is retained by the department, paid at the usual and customary rate for that attorney.

      (b) If the attorney is an employee of the department, paid at the rate established by regulations adopted by the department.

Any money collected must be deposited to the uninsured employers’ claim fund.

      Sec. 64.  NRS 616.400 is hereby amended to read as follows:

      616.400  1.  Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of the month immediately after the end of the assigned reporting period furnish the system with a true and accurate payroll for that period showing:

      (a) The total amount paid to employees for services performed [during the period, plus the] ;

      (b) The amount of tips reported to him by every employee [who has elected to report his tips and] pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more [for the period; and

      (b)] ; and

      (c) A segregation of employment in accordance with the requirements of the system,

together with the premium due thereon.

      2.  In determining the total amount paid to employees by each employer for services performed during a year, the maximum amount paid by each employer to any one employee during the year shall be deemed to be $24,000.

      3.  Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.

      4.  Failure [on the part] of any [such] employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.

      5.  If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated [advance] premium paid [,] in advance, the manager may require the payment of [a sum] money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

      6.  The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

      7.  The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for [a failure on the part] the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2411 (Chapter 723, SB 7)ê

 

      Sec. 65.  NRS 616.400 is hereby amended to read as follows:

      616.400  1.  Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of the month immediately after the end of the assigned reporting period furnish the system with a true and accurate payroll for that period showing:

      (a) The total amount paid to employees for services performed;

      (b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and

      (c) A segregation of employment in accordance with the requirements of the system,

together with the premium due thereon.

      2.  In determining the total amount paid to employees by each employer for services performed during a year, the maximum amount paid by each employer to any one employee during the year shall be deemed to be [$24,000.] $36,000.

      3.  Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.

      4.  Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.

      5.  If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

      6.  The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

      7.  The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

      Sec. 66.  NRS 616.401 is hereby amended to read as follows:

      616.401  1.  An [employee may elect to report the amount he receives as tips for the purpose of the calculation of compensation by submitting to his employer a written notice of election to report his tips. The employee must make his election separately for each pay period before the end of the next pay period. The declaration may not be amended.

      2.  Upon receipt of such notice the ] employer shall:

      (a) Make a copy of each report [which the employee has filed] that an employee files with the employer pursuant to 26 U.S.C. § 6053(a) to report the amount of his tips to the United States Internal Revenue Service;

      (b) [Stamp or attach to the copy a declaration to be signed by the employee under penalty of perjury which states that the contents of the report are true;

      (c) Require the employee to sign the declaration;


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2412 (Chapter 723, SB 7)ê

 

      (d)] Submit the copy to the system upon request and retain another copy for his records or if the employer is self-insured, retain the copy for his records; and

      [(e)] (c) If he is not self-insured, pay the system the premiums for the reported tips at the same rate as he pays on regular wages . [, beginning 3 months after he received the first notice of the election of the employee to report tips.

      3.  An employee who elects to report his tips in not eligible to receive increased compensation based on those tips until 3 months after his employer receives the notice of election to report his tips.

      4.] 2.  The department shall adopt regulations specifying the form of the declaration required pursuant to subsection [2.

      5.] 1.

      3.  The system or the self-insured employer shall calculate compensation for an employee on the basis of wages paid by the employer plus the amount of tips reported [after] by the employee [has become eligible for increased compensation pursuant to subsection 3.] pursuant to 26 U.S.C. § 6053. Reports made after the date of injury may not be used for the calculation of compensation.

      4.  An employer shall notify his employees of the requirement to report income from tips for the purposes of calculating his federal income tax and for including the income in the computation of benefits pursuant to this chapter.

      5.  The administrator shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 67.  NRS 616.412 is hereby amended to read as follows:

      616.412  1.  All fees and charges for accident benefits are subject to regulation by the department and must not:

      (a) Exceed the fees and charges usually paid in the state for similar treatment.

      (b) Be unfairly discriminatory as between persons legally qualified to provide the particular service for which the fees or charges are asked.

      2.  The director shall, giving consideration to the fees and charges being paid in the state, establish a schedule of reasonable fees and charges allowable for accident benefits. The director shall review and revise the schedule [annually] on or before October 1 of each year and shall not increase the schedule by any factor greater than the corresponding annual increase in the Consumer Price Index (Medical Care Component).

      3.  The director may request a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the state, to provide the director with such information concerning fees and charges paid for similar services as he deems necessary to carry out the provisions of subsections 1 and 2. The director shall not require any person to record or report his fees or charges in a manner inconsistent with the person’s own system of records. The director may require a person or entity providing records or reports of fees charged to provide interpretation and identification concerning the information delivered. The director may impose an administrative fine of $500 for each refusal to provide the information requested pursuant to this subsection.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2413 (Chapter 723, SB 7)ê

 

      4.  The department may adopt reasonable regulations necessary to carry out the provisions of this section. The regulations must include provisions concerning:

      (a) Standards for the development of the schedule of fees and charges;

      (b) The periodic revision of the schedule; and

      (c) The monitoring of compliance by providers of benefits with the adopted schedule of fees and charges.

      5.  The department shall adopt regulations requiring the utilization of a system of billing codes as recommended by the American Medical Association.

      Sec. 68.  NRS 616.415 is hereby amended to read as follows:

      616.415  1.  Except as otherwise provided in NRS 616.421, every employer operating under this chapter, alone or together with other employers, may make arrangements to provide accident benefits as defined in this chapter for injured employees.

      2.  Employers electing to make such arrangements shall notify the administrator of the election and render a detailed statement of the arrangements made, which arrangements do not become effective until approved by the administrator.

      3.  Every employer who maintains a hospital of any kind for his employees, or who contracts for the hospital care of injured employees, shall, on or before January 30 of each year; make a written report to the administrator for the preceding year, which must contain a statement showing:

      (a) The total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers;

      (b) An itemized account of the expenditures, investments or other disposition of such fees; and

      (c) What balance, if any, remains.

      4.  Every employer who provides accident benefits pursuant to this section:

      (a) Shall, in accordance with regulations adopted by the administrator, make a written report to the department of his actual and expected annual expenditures for claims and such other information as the department deems necessary to calculate an estimated or final annual assessment.

      (b) Shall be deemed to be an insurer for the purposes of assessments collected pursuant to NRS 232.680 and the regulations adopted by the department pursuant to that section.

      5.  The reports required by the provisions of subsections 3 and 4 must be verified :

      (a) If the employer is a natural person, by the employer [, if a natural person; by a member, if a partnership;] ;

      (b) If the employer is a partnership, by one of the partners;

      (c) If the employer is a corporation, by the secretary, president, general manager or other executive officer [, if a] of the corporation; or

      (d) If the employer has contracted with a physician or chiropractor for the hospital care of injured employees, by the physician or chiropractor . [, if contracted to a physician or chiropractor.

      4.] 6.  No employee is required to accept the services of a physician or chiropractor provided by his employer, but may seek professional medical services of his choice as provided in NRS 616.342.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2414 (Chapter 723, SB 7)ê

 

services of his choice as provided in NRS 616.342. Expenses arising from such medical services must be paid by the employer who has elected to provide benefits, pursuant to the provisions of this section, for his injured employees.

      [5.] 7.  Every employer who fails to notify the administrator of such election and arrangements, or who fails to render the financial [report] reports required, is liable for accident benefits as provided by NRS 616.410.

      Sec. 69.  NRS 616.423 is hereby amended to read as follows:

      616.423  1.  There is hereby established in the state treasury the fund for workers’ compensation and safety. All money received from assessments levied on insurers and employers by the director pursuant to NRS 232.680 must be deposited in this fund.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the department for functions supported in whole or in part from the fund must be delivered to the custody of the state treasurer for deposit to the credit of the fund.

      3.  All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation and the administration of regulations for safety of employees.

      4.  The state treasurer may disburse money from the fund only upon written order of the controller.

      5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

      6.  The commissioner [of insurance] shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner [of insurance] 30 days before their effective date. Any insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      Sec. 70.  NRS 616.427 is hereby amended to read as follows:

      616.427  Except as otherwise provided in NRS 616.428:

      1.  If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury account in accordance with regulations adopted by the administrator.

      2.  If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury account in accordance with regulations adopted by the administrator.

      3.  As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, [no condition may be considered] a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment [in the form most recently published and supplemented before January 1, 1986.]


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2415 (Chapter 723, SB 7)ê

 

purposes of this section, [no condition may be considered] a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment [in the form most recently published and supplemented before January 1, 1986.] as adopted and supplemented by the department. The department shall adopt regulations incorporating the American Medical Association’s Guides to the Evaluation of Permanent Impairment by reference and may amend such regulations from time to time as it deems necessary. In adopting the Guides to the Evaluation of Permanent Impairment, the department shall consider the edition most recently published by the American Medical Association.

      4.  To qualify under this section for reimbursement from the subsequent injury account, the insurer must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.

      5.  An insurer shall notify the administrator of any possible claim against the subsequent injury account as soon as practicable, but not later than 100 weeks after the injury or death.

      6.  The [director shall by regulation establish a procedure by which] administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury account . [must be submitted and decisions made.] The administrator shall notify the insurer of his decision on such a claim within 90 days after the claim is received.

      7.  An appeal of any decision made concerning a claim against the subsequent injury account must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.

      Sec. 71.  NRS 616.500 is hereby amended to read as follows:

      616.500  1.  Notice of the injury for which compensation is payable under this chapter must be given to the insurer as soon as practicable, but within 30 days after the happening of the accident.

      2.  In case of death of the employee resulting from the injury, notice must be given to the insurer as soon as practicable, but within 60 days after death.

      3.  The notice must:

      (a) Be in writing;

      (b) Contain the name and address of the injured employee;

      (c) State in ordinary language the time, place, nature and cause of the injury; and

      (d) Be signed by the injured employee or by a person in his behalf, or in case of death, by one or more of his dependents or by a person on their behalf.

      4.  No proceeding under this chapter for compensation for an injury may be maintained unless the injured employee, or someone on his behalf, files with the insurer a claim for compensation with respect to the injury within 90 days after the happening of the accident, or, in the case of death, within 1 year after death.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2416 (Chapter 723, SB 7)ê

 

      5.  The notice required by this section must be served by delivery of a copy of the notice, or by mailing a copy thereof in a sealed postpaid envelope addressed to the insurer. Such mailing constitutes complete service.

      6.  Failure to give notice or to file a claim for compensation within the time specified in this section is a bar to any claim for compensation under this chapter, but such failure may be excused by the insurer on one or more of the following grounds:

      (a) That notice for some sufficient reason could not have been made.

      (b) That failure to give notice will not result in an unwarrantable charge against the state insurance fund.

      (c) That failure to give notice was because of the employee’s or beneficiary’s mistake or ignorance of fact or of law, or of his physical or mental inability, or to fraud, misrepresentation or deceit.

      7.  The insurer [must either] shall accept or deny responsibility for compensation under this chapter or chapter 617 of NRS within [30] 14 working days after the notice provided for in this section is received. If additional information is necessary to determine liability, the [insurer] administrator may , for good cause shown, extend the period to [60] 45 days upon notice to the claimant . [if the administrator approves.] If additional information is still necessary, the [insurer] administrator may grant a further extension if the [administrator approves and the] claimant gives his written consent, but the total period may not be extended to more than 90 days.

      Sec. 72.  NRS 616.500 is hereby amended to read as follows:

      616.500  1.  Notice of the injury for which compensation is payable under this chapter must be given to the insurer as soon as practicable, but within 30 days after the [happening of the] accident.

      2.  In [case of] the event of the death of the employee resulting from the injury, notice must be given to the insurer as soon as practicable, but within [60] 30 days after death.

      3.  The notice must:

      (a) Be in writing;

      (b) Contain the name and address of the injured employee;

      (c) [State] Contain a statement in ordinary language of the time, place, nature and cause of the injury; and

      (d) Be signed by the injured employee or by a person [in] on his behalf, or in [case of] the event of the employee’s death, by one or more of his dependents or by a person on their behalf.

      4.  No proceeding under this chapter for compensation for an injury may be maintained unless the injured employee, or someone on his behalf, files with the insurer a claim for compensation with respect to the injury within 90 days after the [happening of the] accident, or, in the [case of] event of the employee’s death, within 1 year after death.

      5.  The notice required by this section must be served by delivery of a copy of the notice, or by mailing a copy thereof in a sealed postpaid envelope addressed to the insurer. Such mailing constitutes complete service.

      6.  Failure to give notice or to file a claim for compensation within the time specified in this section is a bar to any claim for compensation under this chapter, but such failure may be excused by the insurer on one or more of the following grounds:


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2417 (Chapter 723, SB 7)ê

 

      (a) That there was good cause for the failure to give notice or file the claim.

      (b) That notice for some sufficient reason could not have been made.

      [(b)] (c) That failure to give notice will not result in an unwarrantable charge against the state insurance fund.

      [(c)] (d) That failure to give notice was because of the employee’s or beneficiary’s mistake or ignorance of fact or of law, or of his physical or mental inability, or [to] because of fraud, misrepresentation or deceit.

      7.  The insurer shall accept or deny responsibility for compensation under this chapter or chapter 617 of NRS within 14 working days after the notice provided for in this section is received. If additional information is necessary to determine liability, the administrator may, [for] upon good cause shown [,] by the insurer, extend the period to 45 days upon notice to the claimant. If additional information is still necessary, the administrator may , upon good cause shown by the insurer, grant a further extension if the claimant gives his written consent, but the total period may not be extended to more than [90] 75 days.

      Sec. 73.  NRS 616.502 is hereby amended to read as follows:

      616.502  1.  The insurer may not [:

      1.  Deny responsibility under this chapter for any charges for treatment of the injuries or disease of an employee solely because the treatment was provided by a physician or chiropractor who is not a member of the panel of physicians and chiropractors.

      2.  In] , in accepting responsibility for any [such] charges, use fee schedules which unfairly discriminate among physicians and chiropractors.

      2.  If a physician or chiropractor is removed from the panel established pursuant to NRS 616.342, he must not be paid for any services rendered to the injured employee after the date of his removal.

      Sec. 74.  NRS 616.541 is hereby amended to read as follows:

      616.541  1.  The chief of the hearings division of the department of administration [may] :

      (a) May by regulation provide for specific procedures for the determination of contested cases.

      (b) Shall develop a format to be used by hearing officers to indicate their findings in contested cases.

      2.  An insurer or employer may be represented in a contested case by private legal counsel or by any other agent.

      Sec. 75.  NRS 616.5412 is hereby amended to read as follows:

      616.5412  1.  Any person who is subject to the jurisdiction of the hearing officers [under] pursuant to this chapter or chapter 617 of NRS may request a hearing before a hearing officer of any matter within his authority. The insurer shall provide, without cost, the forms necessary to request a hearing to any person who requests them.

      2.  A person who is aggrieved by:

      (a) A written determination of an insurer; or

      (b) The failure of an insurer to respond within 30 days to a written request mailed to the insurer by the person who is aggrieved,

may appeal from the determination or failure to respond by filing a request for a hearing before a hearing officer. Such a request must be filed within 60 days after the date on which the notice of its determination was mailed by the insurer or the unanswered written request was mailed to the insurer, as applicable.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2418 (Chapter 723, SB 7)ê

 

days after the date on which the notice of its determination was mailed by the insurer or the unanswered written request was mailed to the insurer, as applicable. Except as otherwise provided in subsection 7 of NRS 616.500, the failure of an insurer to respond to a written request for a determination within 30 days after receipt of such a request shall be deemed by the hearing officer to be a denial of the request.

      3.  Failure to file a request for a hearing within the period specified in subsection 2 may be excused if the person aggrieved shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to request a hearing. The claimant or employer shall notify the insurer of a change of address.

      4.  The hearing before the hearing officer must be conducted as expeditiously and informally as is practicable.

      Sec. 76.  NRS 616.5416 is hereby amended to read as follows:

      616.5416  1.  The hearing officer shall:

      (a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request; [and]

      (b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled [.] ; and

      (c) Conduct hearings expeditiously and informally.

      2.  The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada attorney for injured workers.

      3.  If necessary to resolve a medical question concerning an injured employee’s condition, the hearing officer may refer the employee to a physician or chiropractor chosen by the hearing officer. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a physician or chiropractor designated by the administrator. The insurer shall pay the costs of any medical examination requested by the hearing officer.

      [3.] 4.  The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.

      5.  The hearing officer shall render his decision within [15] 7 days after:

      (a) The hearing; or

      (b) He receives a copy of the report from the medical examination he requested.

      [4.] 6.  The hearing officer shall render his decision in the most efficient format developed by the chief of the hearings division of the department of administration.

      7.  The hearing officer shall give notice of his decision to each party by mail. He [must] shall include with the notice of his decision the necessary forms for appealing from the decision.

      [5.] 8.  The decision of the hearing officer is not stayed if an appeal from that decision is taken unless a stay is granted by the hearing officer or an appeals officer within [30] 15 days after the date on which the decision was rendered.

      Sec. 77.  NRS 616.5422 is hereby amended to read as follows:

      616.5422  1.  Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within [60] 30 days after the date of the decision.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2419 (Chapter 723, SB 7)ê

 

notice of appeal with an appeals officer within [60] 30 days after the date of the decision.

      2.  The filing of a notice of appeal does not automatically stay the enforcement of the decision of the hearing officer. The appeals officer may order a stay, when appropriate, upon the application of a party.

      3.  The appeals officer shall, within 10 days after receiving a notice of appeal, schedule a hearing for a date and time within [60] 45 days after his receipt of the notice and give notice by mail or by personal service to all parties to the appeal and their attorneys or agents at least 30 days before the date and time scheduled.

      4.  An appeal may be continued upon written stipulation of all parties, or upon good cause shown . [, but not for more than 45 days after the date of the stipulation. Notice of continuance must be given by mail or by personal service to all interested parties.]

      5.  Failure to file a notice of appeal within the period specified in subsection 1 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the decision and the forms necessary to appeal the decision. The claimant, employer or insurer shall notify the hearing officer of a change of address.

      Sec. 78.  NRS 616.5426 is hereby amended to read as follows:

      616.5426  1.  A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.

      2.  The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.

      3.  If necessary to resolve a medical question concerning an injured employee’s condition, the appeals officer may refer the employee to a physician or chiropractor chosen by the appeals officer. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a physician or chiropractor designated by the administrator. The insurer shall pay the costs of any examination requested by the appeals officer.

      4.  Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.

      5.  The appeals officer shall render his decision:

      (a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or

      (b) If a transcript has not been ordered, within 30 days after the date of the hearing.

      6.  The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision.

      Sec. 79.  NRS 616.560 is hereby amended to read as follows:

      616.560  1.  When an employee coming under the provisions of this chapter receives an injury for which compensation is payable under this chapter and which [injury] was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:

 


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ê1991 Statutes of Nevada, Page 2420 (Chapter 723, SB 7)ê

 

liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:

      (a) The injured employee, or in case of death, his dependents, may take proceedings against that person to recover damages, but the amount of the compensation to which the injured employee or his dependents are entitled under this chapter, including any future compensation under this chapter, must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

      (b) If the injured employee, or in case of death his dependents, receive compensation under this chapter, the insurer , or in case of claims involving the uninsured employers’ claim fund or the subsequent injury account, the administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor. In any action or proceedings taken by the insurer or the administrator under this section , evidence of the amount of compensation, accident benefits and other expenditures which the insurer [has] , the uninsured employers’ claim fund or the subsequent injury account have paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the insurer or the administrator recovers more than [the amounts it has paid or become obligated to pay as compensation,] those amounts, the excess must be paid to the injured employee or his dependents.

      (c) The injured employee, or in case of death his dependents, shall first notify the insurer , or in the case of claims involving the uninsured employers’ claim fund or subsequent injury account the administrator, in writing of any action or proceedings, pursuant to this section, to be taken by the employee or his dependents.

      2.  In any case where the insurer or the administrator is subrogated to the rights of the injured employee or of his dependents as provided in subsection 1, the insurer or the administrator has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

      3.  The lien provided for under subsection 2 includes the total compensation expenditure incurred by the insurer , the uninsured employers’ claim fund or the subsequent injury account for the injured employee and his dependents.

      4.  Within 15 days of the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise, the injured employee or his representative shall notify the insurer , or in the case of claims involving the uninsured employers’ claim fund or subsequent injury account the administrator, of [such] the recovery and pay to the insurer or the administrator, respectively, the amount due under this section together with an itemized statement showing the distribution of the total recovery.


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ê1991 Statutes of Nevada, Page 2421 (Chapter 723, SB 7)ê

 

      5.  In any trial of an action by the injured employee, or in the case of his death by his dependents, against a person other than the employer or a person in the same employ, the jury shall receive proof of the amount of all payments made or to be made by the insurer [.] or the administrator. The court shall instruct the jury substantially as follows:

      [(a)]

      “Payment of workmen’s compensation benefits by the insurer , or in the case of claims involving the uninsured employers’ claim fund or subsequent injury account the administrator, is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer , [or] the insurer or the administrator any amount paid to him or paid on his behalf by his employer , [or by] the insurer [”; and

      (b) “] or the administrator.

      If you decide that the plaintiff is entitled to judgment against the defendant, you shall find his damages in accordance with the court’s instructions on damages and return your verdict in the plaintiff’s favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award.”

      6.  For the purposes of calculating an employer’s premium, the employer’s account with the system must be credited with an amount equal to that recovered by the system from a third-party pursuant to this section, less the system’s share of the expenses of litigation incurred in obtaining the recovery, except that the total credit must not exceed the amount of compensation actually paid or reserved by the system on the injured employee’s claim.

      Sec. 80.  NRS 616.565 is hereby amended to read as follows:

      616.565  1.  [No compensation under] Compensation is not payable pursuant to the provisions of this chapter [may be allowed] for an injury:

      (a) Caused by the employee’s willful intention to injure himself.

      (b) Caused by the employee’s willful intention to injure another.

      (c) Proximately caused by the employee’s intoxication [.] , whether by alcohol or a controlled substance. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

      2.  No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability [may be] is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.

      3.  If any employee persists in [insanitary or injurious practices which tend to either imperil or retard] an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is [reasonably essential] necessary to promote his recovery, his compensation may be reduced or suspended.

      Sec. 81.  NRS 616.567 is hereby amended to read as follows:

      616.567  1.  When the insurer determines that a [case] claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the [case] claim to the claimant by [United States] first-class mail addressed to the last known address of the claimant.


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ê1991 Statutes of Nevada, Page 2422 (Chapter 723, SB 7)ê

 

claim to the claimant by [United States] first-class mail addressed to the last known address of the claimant. The notice must include a statement that the claimant has a right to a hearing before a hearing officer on the closing of his [case,] claim, and that he may request a hearing, in writing, on the form provided with the notice, within 60 days after the date on which the notice was mailed by the insurer. A suitable form for requesting a hearing must be enclosed with the notice. The closure of a claim is not effective unless notice is given as required by this subsection.

      2.  If the insurer does not receive a request for a hearing before a hearing officer within 60 days after mailing the notice, it may close the [case.] claim. Upon receiving a request for a hearing, the insurer shall treat the [case] claim as a contested case for the purposes of the hearing.

      3.  Notwithstanding the provisions of NRS 233B.125, in any hearing conducted pursuant to this section, the decision of the hearing officer may be served by first-class mail.

      Sec. 82.  NRS 616.585 is hereby amended to read as follows:

      616.585  1.  Every employee in the employ of an employer, within the provisions of this chapter, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.

      2.  If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability.

      3.  Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.

      [3.] 4.  For purposes of benefits for a temporary total disability under this section, the period of temporary total disability ceases when any physician or chiropractor determines that the employee is capable of any gainful employment.

      Sec. 83.  NRS 616.585 is hereby amended to read as follows:

      616.585  1.  Every employee in the employ of an employer, within the provisions of this chapter, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.

      2.  If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability.

      3.  Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.

      4.  For purposes of the payment of benefits for a temporary total disability under this section, the period of temporary total disability ceases when any physician or chiropractor determines that the employee is capable of any gainful employment.

      5.  Each insurer shall, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the department for the injured employee to request continued compensation for the temporary total disability.


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ê1991 Statutes of Nevada, Page 2423 (Chapter 723, SB 7)ê

 

      6.  The insurer shall issue to the injured employee, not less than 6 working days before the beginning of the period specified in the form, a check for the compensation due the employee for that period, if:

      (a) The injured employee has completed and returned the form to the insurer; or

      (b) There is documentation with the insurer which indicates a continuing disability.

A check shall be deemed delivered upon the date that it is postmarked, if it is properly addressed and the postage is prepaid.

      Sec. 84.  NRS 616.605 is hereby amended to read as follows:

      616.605  1.  Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section “disability” and “impairment of the whole man” are equivalent terms.

      2.  The insurer shall select a physician or chiropractor from a group of rating physicians and chiropractors designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment [in the form most recently published and supplemented before January 1, 1986. The department may supplement this publication by adopting regulations for a supplemental guide.] as adopted and supplemented by the department pursuant to subsection 3 of NRS 616.427.

      3.  No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.

      4.  Each 1 percent of impairment of the whole man must be compensated by a monthly payment of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981, and 0.6 percent for injuries sustained on or after July 1, 1981. Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.

      5.  Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

      6.  Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      7.  The department may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

      8.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

      9.  This section does not entitle any person to double payments for the death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.


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ê1991 Statutes of Nevada, Page 2424 (Chapter 723, SB 7)ê

 

disability, or to a greater sum in the aggregate than if the injury had been fatal.

      Sec. 85.  NRS 616.605 is hereby amended to read as follows:

      616.605  1.  Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section “disability” and “impairment of the whole man” are equivalent terms.

      2.  Within 30 days after receiving from the treating physician or chiropractor chosen pursuant to NRS 616.342 a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with a rating physician or chiropractor to determine the extent of the employee’s disability. The insurer shall select a physician or chiropractor from a group of rating physicians and chiropractors designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the department pursuant to subsection 3 of NRS 616.427. Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the administrator, according to their area of specialization and the order in which their names appear on the list.

      3.  No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.

      4.  The rating physician or chiropractor shall provide the insurer with his evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:

      (a) Of the compensation to which he is entitled pursuant to this section; or

      (b) That he is not entitled to benefits for permanent partial disability.

      5.  Each 1 percent of impairment of the whole man must be compensated by a monthly payment of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981, and 0.6 percent for injuries sustained on or after July 1, 1981. Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.

      [5.] 6.  Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

      [6.] 7.  Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      [7.] 8.  The department may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.


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ê1991 Statutes of Nevada, Page 2425 (Chapter 723, SB 7)ê

 

      [8.] 9.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

      [9.] 10.  This section does not entitle any person to double payments for the death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

      Sec. 86.  NRS 616.607 is hereby amended to read as follows:

      616.607  1.  Except as otherwise provided in NRS 616.5435, an award for a permanent partial disability may be paid in a lump sum under the following conditions:

      (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.

      (b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

      (c) Any claimant injured on or after July 1, 1981, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.

      2.  If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:

      (a) His right to reopen his claim according to the provisions of NRS 616.545; and

      (b) Any counseling, training or other rehabilitative services provided by the insurer.

The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.

      3.  Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

      4.  Except as otherwise provided in this subsection, the total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum, the lump sum payment must be calculated for the remaining payment of compensation.


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ê1991 Statutes of Nevada, Page 2426 (Chapter 723, SB 7)ê

 

lump sum, the lump sum payment must be calculated for the remaining payment of compensation.

      5.  The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection [4] 5 of NRS 616.605 and actuarial annuity tables adopted by the department. The tables must be reviewed annually by a consulting actuary.

      6.  If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump sum payment.

      Sec. 87.  NRS 616.620 is hereby amended to read as follows:

      616.620  Except as otherwise provided by NRS 616.5435, 616.607 and 616.615, and section 32 of this act, the insurer shall not make or allow any lump-sum settlements.

      Sec. 88.  NRS 616.623 is hereby amended to read as follows:

      616.623  1.  Every injured employee, widow, widower or dependent, within the provisions of this chapter, is entitled to receive from a qualified employee of the insurer an explanation of the various alternatives implicit in lump sum compensation or other settlement [under] pursuant to this chapter and the long-range effects of a determination made as to one or the other kind of settlement.

      2.  The insurer shall provide a written explanation of the alternatives pursuant to subsection 1.

      3.  Upon selecting an alternative, the injured employee, widow, widower or dependent shall provide his selection in writing to the insurer.

      Sec. 89.  NRS 616.630 is hereby amended to read as follows:

      616.630  1.  [If any] Any employer within the provisions of NRS 616.285 who fails to provide and secure compensation [under] as required by the terms of this chapter, [he shall be fined not more than $500 for each offense.] is:

      (a) For the first offense, guilty of a misdemeanor.

      (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a gross misdemeanor.

      2.  If the administrator or interested employee complains to the district attorney of any county that an employer in his county has violated the provisions of this section, the district attorney shall investigate the complaint. If, after investigation, [he finds that the complaint is well founded,] the district attorney determines that a violation of this section may be proven beyond a reasonable doubt, he shall prosecute the employer for the offense [.] regardless of whether a civil penalty is imposed or may be imposed.

      3.  If the administrator or interested employee complains to the attorney general of any neglect of any district attorney in the [premises,] performance of his duties pursuant to subsection 2, the attorney general shall investigate the complaint. If, after investigation, [he finds that the complaint is well founded,] the attorney general determines that:

      (a) A violation of this section may be proven beyond a reasonable doubt, he shall prosecute the employer for the offense regardless of whether a civil penalty is imposed or may be imposed.


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ê1991 Statutes of Nevada, Page 2427 (Chapter 723, SB 7)ê

 

      (b) The district attorney has neglected to perform his duties pursuant to subsection 2, he shall forthwith institute proceedings against the district attorney as for a misdemeanor or to remove him from office.

      4.  The duty of the district attorney and of the attorney general must be enforced as to procedure in the same manner as is provided in the case of actions for the protection and benefit of employees as provided in NRS 607.160 and 607.200.

      Sec. 90.  NRS 616.635 is hereby amended to read as follows:

      616.635  1.  If the manager finds that any employer or any employee, officer or agent of any employer has willfully made a false statement or has willfully failed to report a material fact concerning the amount of payroll upon which a premium is based, he shall make a determination thereon and charge the employer’s account an amount equal to three times the amount of the premium due. The manager shall mail a copy of his determination to the employer.

      2.  An employer who is aggrieved by the manager’s determination may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was mailed to the employer. The manager shall hold a hearing within 30 days after he receives the request. The determination of the manager made pursuant to a hearing is a final decision for the purposes of judicial review.

      3.  A person who willfully makes a false statement or representation or who willfully fails to report a material fact concerning the amount of payroll upon which a premium is based is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

      Sec. 91.  NRS 616.640 is hereby amended to read as follows:

      616.640  1.  It is unlawful for an employer to make any charge against any employee or to deduct from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his acceptance or rejection of this chapter. [Any employer who makes a deduction for that purpose from the salary or wage of any employee shall be fined not more than $500 for each offense.]

      2.  Any employer violating this section shall be prosecuted upon complaint of any employee who submits proper evidence of a violation.

      Sec. 92.  NRS 616.647 is hereby amended to read as follows:

      616.647  1.  If the administrator has reason to believe that an insurer , health care provider, third-party administrator or employer has:

      (a) Induced a claimant for compensation to fail to report an accidental injury or occupational disease;

      (b) Persuaded a claimant to settle for an amount which is less than reasonable;

      (c) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending;

      (d) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer or appeals officer;

      (e) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer or appeals officer;


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ê1991 Statutes of Nevada, Page 2428 (Chapter 723, SB 7)ê

 

      (f) Made it necessary for a claimant to resort to proceedings against the employer or insurer for compensation found to be due him by a hearing officer or appeals officer;

      (g) Failed to comply with regulations of the department for the acceptance and rejection of claims, determination and calculation of a claimant’s average monthly wage, determination and payment of compensation, delivery of accident benefits and reporting relating to these matters; [or]

      (h) Failed to comply with the department’s regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS [,] ; or

      (i) Failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 617 of NRS,

the administrator shall set a date for a hearing. The date must be no sooner than 30 days after notice is served upon the insurer or employer of the alleged action and the time and place of the hearing.

      2.  If, after an evidentiary hearing, the administrator determines that the insurer or employer has committed the alleged act, the administrator [may impose an] shall issue a notice of violation imposing a proposed administrative fine of:

      (a) Not more than [$100] $250 for each initial [act in] violation of [paragraph (g) of] subsection 1 which was not intentional; or

      (b) Not more than $1,000 for each intentional or repeated [act in] violation of [paragraph (g) of] subsection 1 . [; or

      (c) Not more than $1,000 for each act in violation of any other provisions of subsection 1.]

      3.  In addition to any fine imposed pursuant to subsection 2, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.

      4.  If a person wishes to contest a notice of violation issued pursuant to subsection 2, he must file a notice of appeal with the division within 30 days after the notice is issued, showing why the proposed fine should not be imposed against him.

      5.  If a notice of appeal is filed as required by subsection 4, the administrator shall issue a complaint setting forth the factual basis for his determination that a violation has occurred. The person against whom a complaint is issued shall file an answer to the complaint within 30 days after the complaint is issued. The answer must be accompanied by any documentary evidence upon which the person relies and, if the person desires a hearing on the matter, by a request for hearing. If an answer and a request for hearing are filed as required by this subsection, the administrator shall set a date for a hearing on the matter, which must be no sooner than 30 days after the answer and request for hearing are filed.

      6.  If a notice of appeal or an answer is not filed as required by this section, the notice of violation shall be deemed a final order and is not subject to review by any court or agency.

      7.  A hearing held pursuant to this section must be conducted by the administrator or a person designated by him. A record of the hearing must be kept but it need not be transcribed unless it is requested by the [insurer or employer and he] person against whom the order or notice of violation has been issued and that person pays the cost of transcription.


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ê1991 Statutes of Nevada, Page 2429 (Chapter 723, SB 7)ê

 

employer and he] person against whom the order or notice of violation has been issued and that person pays the cost of transcription.

      [4.] 8.  An administrative fine imposed pursuant to this section must be paid to the division. If the violation for which the fine is levied was committed by a person while acting within the course and scope or his agency or employment, the fine must be paid by his principal or employer. The fine may be recovered in a civil action brought in the name of the division in a court of competent jurisdiction in the county in which the violation occurred or in which the person against whom the fine is levied has his principal place of business.

      9.  Two or more fines of $1,000 levied by the administrator in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the [possible] revocation of a certificate of self-insurance.

      [5.] 10.  The commissioner may withdraw the certification of a self-insured employer if, after a hearing, it is shown that the self-insured employer:

      (a) Intentionally or repeatedly [committed any of the acts enumerated in] violated the provisions of paragraph (g) of subsection 1; or

      (b) [Committed any acts in violation of] Violated any other [provisions] provision of subsection 1.

      Sec. 93.  NRS 616.655 is hereby amended to read as follows:

      616.655  Any employer who fails:

      1.  To post the notice required by NRS 616.305 [shall be] in a place that is readily accessible and visible to employees is guilty of a misdemeanor.

      2.  To maintain the notice or notices required by NRS 616.305 [shall be] is guilty of a misdemeanor.

      Sec. 94.  Chapter 617 of NRS is hereby amended by adding thereto the provisions set forth as sections 95, 96 and 97 of this act.

      Sec. 95.  A principal contractor is not liable for the payment of compensation for any occupational disease contracted by any independent contractor or any employee of an independent contractor if:

      1.  The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to this chapter;

      2.  Proof of such coverage is provided to the principal contractor;

      3.  The principal contractor is not engaged in any construction project; and

      4.  The independent contractor is not in the same trade, business, profession or occupation as the principal contractor.

      Sec. 96.  1.  A person not an employer for the purposes of this chapter if:

      (a) He enters into a contract with another person or business which is an independent enterprise; and

      (b) He is not in the same trade, business, profession or occupation as the independent enterprise.

      2.  As used in this section, “independent enterprise” means a person who holds himself out as being engaged in a separate business and:

      (a) Holds a business or occupational license in his own name; or


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ê1991 Statutes of Nevada, Page 2430 (Chapter 723, SB 7)ê

 

      (b) Owns, rents or leases property used in furtherance of his business.

      3.  The provisions of this section do not apply to a principal contractor who is licensed pursuant to chapter 624 of NRS.

      Sec. 97.  (Deleted by amendment.)

      Sec. 98.  NRS 617.100 is hereby amended to read as follows:

      617.100  [Subcontractors and their employees] 1.  Except as otherwise provided in section 96 of this act, subcontractors, independent contractors and the employees of either shall be deemed to be employees of the principal contractor [.] for the purposes of this chapter.

      2.  This section does not affect the relationship between a principal contractor and a subcontractor or independent contractor for any purpose outside the scope of this chapter.

      Sec. 99.  NRS 617.275 is hereby amended to read as follows:

      617.275  1.  If an employee who has been hired [and] or who is regularly employed in this state contracts an occupational disease arising out of and in the course of his employment, and his employer has failed to provide mandatory coverage for occupational diseases, the employee may elect to receive compensation [under the provisions of this chapter] from the uninsured employers’ claim fund by:

      (a) Filing a claim for compensation with the system;

      (b) Filing a written notice of his election with the [administrator; and

      (b)] division; and

      (c) Making an irrevocable assignment to the [administrator] division of his right of action against the uninsured employer.

      2.  If the system receives a claim pursuant to subsection 1, the system shall immediately:

      (a) Notify the employer of the claim;

      (b) Deliver to the claimant any forms necessary to make a claim pursuant to this section; and

      (c) Notify the division of the claim by sending a copy of the claim, any evidence regarding the claim and any evidence indicating that the employer was uninsured.

      3.  For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the employee.

      4.  Any employer who has failed to provide mandatory coverage required [under] by the provisions of this chapter [may not escape liability in any action brought by the employee or the administrator by asserting any of the defenses enumerated in subsection 3 of NRS 616.375 and the presumption of negligence set forth in that subsection is applicable.

      3.  The administrator shall assign a claim of an employee of an uninsured employer to the system for settlement and the payment of benefits and shall reimburse the system for claims adjusted and benefits paid.

      4.  A self-insured employer must] is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim fund or incurred by the division or department.

      5.  The division:


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ê1991 Statutes of Nevada, Page 2431 (Chapter 723, SB 7)ê

 

      (a) May recover from the employer the payments described in subsection 4 and any accrued interest by bringing a civil action in district court.

      (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.

      (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.

      (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

      6.  The division shall determine whether the employer was insured within 30 days after receiving notice of the claim from the employee. Upon determining that a claim is valid, the division shall assign the claim to the system for administration of the claim, payment of benefits and reimbursement of costs of administration and benefits paid to the system. Upon determining that a claim is invalid, the division shall notify the claimant, the named employer and the system that the claim will not be assigned for benefits from the uninsured employers’ claim fund.

      7.  Any party aggrieved by a decision regarding the administration of an assigned claim or a decision made by the division or by the system regarding any claim made pursuant to this section may appeal that decision within 60 days after the decision is rendered to the hearings division of the department of administration in the manner provided by NRS 616.5412 to 616.544, inclusive.

      8.  All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and [is] are entitled to a proportionate amount of [the assignment] any collection made pursuant to this section [.] as an offset against future liabilities.

      9.  An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers’ claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.

      10.  Attorney’s fees recoverable by the division pursuant to this section must be:

      (a) If a private attorney is retained by the department, paid at the usual and customary rate for that attorney.

      (b) If the attorney is an employee of the department, paid at the rate established by regulations adopted by the department.

Any money collected must be deposited to the uninsured employers’ claim fund.

      Sec. 100.  NRS 617.459 is hereby amended to read as follows:

      617.459  1.  The percentage of disability resulting from an occupational disease of the heart or lungs must be determined jointly by the claimant’s attending physician and the examining physician designated by the insurer, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment [in the form most recently published and supplemented before January 1, 1986.]


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ê1991 Statutes of Nevada, Page 2432 (Chapter 723, SB 7)ê

 

supplemented before January 1, 1986.] as adopted and supplemented by the department pursuant to subsection 3 of NRS 616.427.

      2.  If the claimant’s attending physician and the designated examining physician do not agree upon the percentage of disability, they shall designate a physician specializing in the branch of medicine which pertains to the disease in question to make the determination. If they do not agree upon the designation of such a physician, each shall choose one physician so specializing, and two physicians so chosen shall choose a third specialist in that branch. The resulting panel of three physicians shall, by majority vote, determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment [in the form most recently published and supplemented before January 1, 1986.] as adopted and supplemented by the department pursuant to subsection 3 of NRS 616.427.

      Sec. 101.  NRS 617.490 is hereby amended to read as follows:

      617.490  [1.] If any employer fails to provide and secure compensation under this chapter, any employee contracting an occupational disease as provided in this chapter, or, in the case of death, his dependents, may bring an action at law against the employer for damages as if this chapter did not apply.

      [2.  Such employer shall also be fined not more than $500 for each offense.]

      Sec. 102.  Chapter 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 103, 104 and 105 of this act.

      Sec. 103.  The division of preventative safety of the department of industrial relations shall:

      1.  Develop a program of eliminating or abating hazards;

      2.  Advise and recommend a program of occupational safety and health applicable to public and state agencies; and

      3.  Provide for safety inspections and furnish advisory services to employers on measures to promote industrial safety and health.

      Sec. 104.  1.  Every employer shall, upon hiring an employee, provide the employee with a document or videotape setting forth the rights and responsibilities of employers and employees to promote safety in the workplace. The document, or evidence of receipt of the videotape, must be signed by the employer and employee and placed in the employee’s personnel file. The document or videotape shall not be deemed to be a part of any employment contract.

      2.  The division of preventative safety of the department of industrial relations shall adopt regulations specifying the contents of such a document and establishing requirements for issuing the document in different languages.

      Sec. 105.  1.  Any accident occurring in the course of employment which is fatal to one or more employees or which results in the hospitalization of five or more employees must be reported by the employer orally or in writing to the nearest office of the division within 48 hours after the accident has occurred.

      2.  All employers shall maintain accurate records and make reports to the United States Assistant Secretary of Labor in the same manner and to the same extent as if this chapter were not in effect.


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ê1991 Statutes of Nevada, Page 2433 (Chapter 723, SB 7)ê

 

      3.  The division shall make such reasonable reports to the Assistant Secretary of Labor in such form and containing such information as he may from time to time require.

      4.  Requests for variances to federal recordkeeping and reporting regulations must be submitted to and obtained from the Bureau of Labor Statistics, United States Department of Labor. All variances granted by the Bureau of Labor Statistics must be respected by the division.

      Sec. 106.  NRS 618.029 is hereby amended to read as follows:

      618.029  “Administrator” means the administrator of the division . [of occupational safety and health of the department of industrial relations.]

      Sec. 107.  NRS 618.069 is hereby amended to read as follows:

      618.069  “Division” means the division of [occupational] enforcement for industrial safety and health of the department of industrial relations.

      Sec. 108.  NRS 618.225 is hereby amended to read as follows:

      618.225  1.  The division [,] of preventative safety of the department of industrial relations, after consultation with cooperating state agencies, shall [conduct] :

      (a) Conduct directly or by grants or contracts:

      [(a)] (1) Educational programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter.

      [(b)] (2) Informational programs on the importance of and proper use of adequate safety and health equipment [.

      2.  The division, in consultation with cooperating state agencies, shall:

      (a)] in the workplace.

      (b) Provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employments covered by this chapter . [; and

      (b)] (c) Consult with and advise employers and employees and organizations representing employers and employees as to effective means of preventing occupational injuries and diseases. Consultative services must not detract from the enforcement efforts.

      2.  The department shall request competitive bids for the development of educational and informational programs required by this section.

      3.  The department shall allocate to the division of preventative safety the money necessary to carry out the educational and informational programs required by this section.

      Sec. 109.  NRS 618.275 is hereby amended to read as follows:

      618.275  1.  The division shall have a seal upon which [will] must be the words “Division of [Occupational] Enforcement for Industrial Safety and Health,” by which seal it shall authenticate its proceedings and orders.

      2.  All papers executed under the seal must be admitted in evidence without further authentication or proof.

      Sec. 110.  NRS 618.345 is hereby amended to read as follows:

      618.345  1.  The division of preventative safety of the department of industrial relations shall develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. This program may, at the discretion of the department, cover all employments.


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ê1991 Statutes of Nevada, Page 2434 (Chapter 723, SB 7)ê

 

      2.  To carry out the provisions of subsection 1, the division of preventative safety may promote, encourage or directly engage in programs of studies, information and communication concerning occupational safety and health statistics.

      [3.  Any accident occurring in the course of employment which is fatal to one or more employees or which results in the hospitalization of five or more employees must be reported by the employer orally or in writing to the nearest office of the division within 48 hours after the accident has occurred.

      4.  All employers shall maintain accurate records and make reports to the United States Assistant Secretary of Labor in the same manner and to the same extent as if this chapter were not in effect.

      5.  The division shall make such reasonable reports to the Assistant Secretary of Labor in such form and containing such information as he may from time to time require.

      6.  Requests for variances to federal recordkeeping and reporting regulations must be submitted to and obtained from the Bureau of Labor Statistics, United States Department of Labor. All variances granted by the Bureau of Labor Statistics must be respected by the division.]

      Sec. 111.  NRS 618.375 is hereby amended to read as follows:

      618.375  Every employer shall:

      1.  Furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.

      2.  Furnish and use such safety devices and safeguards, and adopt and use such practices, means, methods, operations and processes as are reasonably adequate to render such employment and places of employment safe and comply with all orders issued by the division.

      3.  Post prominently in the working place all posters and information provided by the [division] department informing employees of their rights and obligations [under] pursuant to this chapter.

      4.  Assign at least one person to be in charge of occupational safety and health.

      5.  Do every other thing reasonably necessary to protect the lives, safety and health of employees.

      Sec. 112.  NRS 618.445 is hereby amended to read as follows:

      618.445  1.  A person shall not discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by the employee on behalf of himself or others of any right afforded by this chapter.

      2.  Any employee aggrieved by a violation of subsection 1 may file a complaint for the relief afforded under subsection 3, after first notifying his employer and the division of his intention to file the complaint. Any complaint must be filed with the division within 30 days after the violation has occurred and must set forth in writing the facts constituting the violation.

      3.  Upon receipt of the complaint by the division, the administrator shall cause such investigation to be made as he deems appropriate. If upon investigation, the administrator determines that the provisions of subsection 1 have been violated, he shall bring an action in the name of the administrator in any appropriate district court against the person who has committed the violation.


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ê1991 Statutes of Nevada, Page 2435 (Chapter 723, SB 7)ê

 

been violated, he shall bring an action in the name of the administrator in any appropriate district court against the person who has committed the violation.

      4.  If the court finds that the employee was discharged or discriminated against in violation of subsection 1, the employee is entitled to reinstatement and reimbursement for lost wages and work benefits.

      5.  Any decision reached by the administrator relating to the filing of an action [under] pursuant to this section must be made available to the complaining employee within 90 days [from] after the division’s receipt of the complaint.

      Sec. 113.  NRS 232.560 is hereby amended to read as follows:

      232.560  1.  The department of industrial relations is hereby created.

      2.  The department consists of a director and the following divisions:

      (a) The division of administrative services.

      (b) The division of [occupational] enforcement for industrial safety and health.

      (c) The division of mine inspection.

      (d) The division of industrial insurance regulation.

      (e) The division of preventative safety.

      Sec. 114.  NRS 232.600 is hereby amended to read as follows:

      232.600  1.  The council shall act in an advisory capacity to the director and may, on its own initiative or at the request of the director, conduct studies or investigations concerning the organization and administration of the department and its divisions and make recommendations to the director based on the results of such studies or investigations.

      2.  The council shall review on a quarterly basis the records of oral complaints compiled by the division pursuant to NRS 618.336. Upon completing its review, the council shall submit any comments or recommendations regarding the complaints or the records to the director.

      3.  The council, by the affirmative vote of a majority of its members, may remove from the records of the department the name of a debtor and the amount of any debt owed by him, if 3 years have elapsed since the debt was incurred and the council determines that the debt remains impossible or impractical to collect. The department shall establish a master file containing the information removed from its official records pursuant to this subsection.

      Sec. 115.  NRS 232.620 is hereby amended to read as follows:

      232.620  The director:

      1.  Shall appoint administrators of the divisions of the department, subject to the approval of the governor, who are respectively designated as follows:

      (a) The administrator of the division of administrative services.

      (b) The administrator of the division of [occupational] enforcement for industrial safety and health.

      (c) The administrator of the division of mine inspection.

      (d) The administrator of the division of industrial insurance regulation.

      (e) The administrator of the division of preventative safety.

      2.  Is responsible for the administration, through the divisions of the department, of the provisions of chapters 512, 616, 617 and 618 of NRS, and all other provisions of law relating to the functions of the divisions of the department.

      3.  Has such other powers and duties as are provided by law.


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ê1991 Statutes of Nevada, Page 2436 (Chapter 723, SB 7)ê

 

      Sec. 116.  NRS 232.660 is hereby amended to read as follows:

      232.660  1.  The director may:

      (a) Appoint [an attorney as] one or more legal counsel to provide services for the department. If appointed, [he is] they are in the unclassified service of the state.

      (b) Provide for contract services to be rendered by such other legal counsel as are needed for assistance in administering the laws relating to labor and industrial relations.

      2.  Each of the legal counsel must be an attorney admitted to practice law in Nevada.

      3.  In the prosecution of all claims and actions referred to him , [by the director,] a legal counsel has the same power as that vested in the district [attorney] attorneys of the several counties to enforce the laws relating to labor and industrial relations, except that a legal counsel does not have the authority to prosecute for criminal violations of such laws.

      Sec. 117.  NRS 232.680 is hereby amended to read as follows:

      232.680  1.  The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the department and its various divisions must be paid from assessments payable by each [insurer] :

      (a) Insurer based upon expected annual expenditures for claims [.] ; and

      (b) Employer who provides accident benefits for injured employees pursuant to NRS 616.415, based upon his expected annual expenses of providing those benefits.

The department [must] shall adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers [.] and employers who provide accident benefits for injured employees.

      2.  Federal grants may partially defray the costs of [:

      (a) The division of occupational safety and health;

      (b) The division of mine inspection; and

      (c) Any other division as may be appropriate.] the divisions.

      3.  Assessments made against insurers by the department after the adoption of regulations must be used to defray all costs and expenses of administering the program of workmen’s compensation, including the payment of:

      (a) All salaries and other expenses in administering the division of industrial insurance regulation, the division of administrative services, the division of [occupational] enforcement for industrial safety and health , the division of preventative safety and the division of mine inspection, including the costs of the office and staff of the director.

      (b) All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.

      (c) Claims against uninsured employers arising from compliance with NRS 616.377.

      Sec. 118.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In a county in which a license to engage in a business is required, the board of county commissioners shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:


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ê1991 Statutes of Nevada, Page 2437 (Chapter 723, SB 7)ê

 

      (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

      (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; or

      (c) Is not subject to the provisions of chapter 616 of NRS.

      2.  In a county in which such a license is not required, the board of county commissioners shall require a business, when applying for a post office box, to submit to the board the affidavit required by subsection 1.

      3.  Each board of county commissioners shall submit to the administrator monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

      4.  Upon receiving an affidavit required by this section, a board of county commissioners shall provide the owner of the business with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of preventative safety of the department of industrial relations pursuant to section 104 of this act.

      Sec. 119.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In an incorporated city in which a license to engage in a business is required, the city council or other governing body of the city shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

      (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

      (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; or

      (c) Is not subject to the provisions of chapter 616 of NRS.

      2.  In an incorporated city in which such a license is not required, the city council or other governing body of the city shall require a business, when applying for a post office box, to submit to the governing body the affidavit required by subsection 1.

      3.  Each city council or other governing body of an incorporated city shall submit to the administrator monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

      4.  Upon receiving an affidavit required by this section, the city council or other governing body of an incorporated city shall provide the applicant with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of preventative safety of the department of industrial relations pursuant to section 104 of this act.

      Sec. 120.  NRS 590.645 is hereby amended to read as follows:

      590.645  The division of [occupational] enforcement for industrial safety and health of the department of industrial relations may promote safety in the liquefied petroleum gas industry within the state.

      Sec. 121.  NRS 630.305 is hereby amended to read as follows:

      630.305  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:


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ê1991 Statutes of Nevada, Page 2438 (Chapter 723, SB 7)ê

 

      1.  Directly or indirectly receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation which is intended or tends to influence the physician’s objective evaluation or treatment of a patient.

      2.  Dividing a fee between licensees except where the patient is informed of the division of fees and the division of fees is made in proportion to the services personally performed and the responsibility assumed by each licensee.

      3.  Referring a patient to any medical laboratory in which the licensee has a financial interest unless the laboratory is operated solely in connection with the diagnosis and treatment of his own patients.

      4.  Referring an injured employee to a health facility in which the licensee has a financial interest unless he first discloses that interest pursuant to section 12 of this act.

      5.  Charging for visits to the physician’s office which did not occur or for services which were not rendered or documented in the records of the patient.

      [5.] 6.  Aiding, assisting, employing or advising, directly or indirectly, any unlicensed person to engage in the practice of medicine contrary to the provisions of this chapter or the regulations of the board.

      [6.] 7.  Delegating responsibility for the care of a patient to a person when the licensee knows, or has reason to know, that this person is not qualified to undertake that responsibility.

      [7.] 8.  Failing to disclose to a patient any financial or other conflict of interest.

      Sec. 122.  NRS 630.352 is hereby amended to read as follows:

      630.352  1.  Any member of the board, except for an advisory member serving on a panel of the board hearing charges, may participate in the final order of the board. If the board, after a formal hearing, determines from clear and convincing evidence, that a violation of the provisions of this chapter or of the regulations of the board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.

      2.  If the board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed. If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the board may provide the physician with a copy of the complaint, including the name of the person, if any, who filed the complaint.

      3.  [If] Except as otherwise provided in subsection 4, if the board finds that a violation has occurred, it may by order:

      (a) Place the person on probation for a specified period on any of the conditions specified in the order;

      (b) Administer to him a public reprimand;

      (c) Limit his practice or exclude one or more specified branches of medicine from his practice;

      (d) Suspend his license for a specified period or until further order of the board;

      (e) Revoke his license to practice medicine;


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ê1991 Statutes of Nevada, Page 2439 (Chapter 723, SB 7)ê

 

      (f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;

      (g) Require supervision of his practice;

      (h) Impose a fine not to exceed $5,000;

      (i) Require him to perform public service without compensation;

      (j) Require him to take a physical or mental examination or an examination testing his competence; and

      (k) Require him to fulfill certain training or educational requirements.

      4.  If the board finds that the physician has violated the provisions of section 12 of this act, it shall suspend his license for a specified period or until further order of the board.

      Sec. 122.3.  NRS 634.140 is hereby amended to read as follows:

      634.140  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      (b) A felony; or

      (c) Any offense involving moral turpitude.

      3.  Suspension or revocation of the license to practice chiropractic by any other jurisdiction.

      4.  Gross or repeated malpractice.

      5.  Referring an injured employee to a health facility in which the licensee has a financial interest unless he first discloses that interest pursuant to section 12 of this act.

      Sec. 122.6.  NRS 634.190 is hereby amended to read as follows:

      634.190  1.  The person charged is entitled to a hearing before the board, but the failure of the person charged to attend his hearing or his failure to defend himself does not delay or void the proceedings. The board may, for good cause shown, continue any hearing from time to time.

      2.  If the board finds the person guilty as charged in the complaint, it may by order:

      (a) Place the person on probation for a specified period or until further order of the board.

      (b) Administer to the person a public or private reprimand.

      (c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of chiropractic.

      (d) Suspend the license of the person to practice chiropractic for a specified period or until further order of the board.

      (e) Revoke the license of the person to practice chiropractic.

      (f) Impose a fine of not more than $5,000, which must be deposited with the state treasurer for credit to the state general fund.

The order of the board may contain such other terms, provisions or conditions as the board deems proper and which are not inconsistent with law.

      3.  If the board finds that a licensee has violated the provisions of section 12 of this act, it shall suspend his license for a specified period or until further order of the board.


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ê1991 Statutes of Nevada, Page 2440 (Chapter 723, SB 7)ê

 

      Sec. 123.  Section 4 of chapter 122, Statutes of Nevada 1991, is hereby amended to read as follows:

       Sec. 4.  NRS 616.423 is hereby amended to read as follows;

       616.423  1.  There is hereby established in the state treasury the fund for workers’ compensation and safety [.] as a special revenue fund. All money received from assessments levied on insurers and employers by the director pursuant to NRS 232.680 must be deposited in this fund.

       2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the department for functions supported in whole or in part from the fund must be delivered to the custody of the state treasurer for deposit to the credit of the fund.

       3.  All money and securities in the fund must be [held in trust by the state treasurer as custodian thereof to be] used solely for workers’ compensation and the administration of regulations for the safety of employees.

       4.  The state treasurer may disburse money from the fund only upon written order of the controller.

       5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

       6.  The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      Sec. 124.  NRS 612.343, 616.650 and 616.660 are hereby repealed.

      Sec. 125.  1.  There is hereby established a legislative committee on industrial insurance consisting of four members of the senate, appointed by the senate majority leader from the members of the senate standing committee on commerce and labor, and four members of the assembly, appointed by the speaker of the assembly from the members of the assembly standing committee on labor and management.

      2.  The members of the committee shall select the chairman and vice chairman of the committee from among their members.

      3.  Any member of the committee who does not return to the legislature may continue to serve until the completion of the committee’s report.

      4.  Any vacancy on the committee must be filled by the authority entitled to appoint the member whose position is vacant. The member appointed to fill the vacancy must have the same general qualifications as his predecessor.

      5.  The members of the committee may meet no more than eight times during the 1991-92 biennium at the times and places and in the manner specified by a call of the chairman. Meetings may be held in person or by telephone conference or video telecast. The director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. Five members of the committee constitute a quorum, and a quorum may exercise all the powers conferred on the committee.

      6.  Except during a special session of the legislature, members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.


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ê1991 Statutes of Nevada, Page 2441 (Chapter 723, SB 7)ê

 

regular session for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.

      7.  The salaries and expenses of the members of the committee and any other expenses incurred by the committee in carrying out its duties must be paid from the fund for workers’ compensation and safety. The expenses of the committee must be reported to the legislative commission and the state industrial insurance system. The system shall forward the report to each employer insured by it.

      8.  The committee may:

      (a) Review and evaluate the current laws of this state concerning industrial insurance.

      (b) Review and evaluate the implementation of the laws concerning industrial insurance passed by the 66th session of the legislature.

      (c) Prepare a report concerning its review and evaluation of those laws.

      (d) Submit the report to the governor and the legislative commission before the convening of the 67th session of the legislature.

      9.  Any regulation proposed to be adopted as a permanent regulation during the 1991-92 biennium pursuant to authority granted by the provisions of chapter 616 of NRS must be submitted to the committee for its review.

      Sec. 125.3.  The regulations required by subsection 5 of NRS 616.412 must be adopted and effective on or before January 1, 1992.

      Sec. 125.6.  The state industrial insurance system shall conduct a study of cases of stress in this state, including without limitation how such cases are handled and how the courts respond to them, and submit a report containing its findings on or before February 1, 1993, to the director of the legislative counsel bureau for transmittal to the 67th session of the legislature.

      Sec. 126.  1.  This section and sections 1 to 17, inclusive, 19 to 27, inclusive, 29 to 47, inclusive, 49 to 54, inclusive, 56, 59, 61 to 64, inclusive, 66 to 69, inclusive, 71, 73, 74, 76 to 82, inclusive, 84, and 87 to 125.6, inclusive, of this act become effective upon passage and approval.

      2.  Section 70 of this act becomes effective at 12:02 a.m. on July 1, 1991.

      3.  Section 18 of this act becomes effective on October 1, 1991.

      4.  Sections 28, 57, 60, 65, 72 and 83 become effective on July 1, 1992.

      5.  Sections 58, 75, 85 and 86 of this act become effective on March 1, 1993.

 

________


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2442ê

 

CHAPTER 724, SB 45

Senate Bill No. 45–Committee on Finance

CHAPTER 724

AN ACT relating to the judiciary; increasing the amount of benefits for the surviving spouse of a justice of the supreme court or district judge; making an appropriation for the support of certain related pensions; making an appropriation for matters related to the relocation of the supreme court, the supreme court law library and the administrative office of the courts; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 2.070 is hereby amended to read as follows:

      2.070  1.  If a justice of the supreme court at the time of his death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive monthly payments of [$1,300] $2,000 per month.

      2.  If a surviving spouse of a justice is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees’ retirement system.

      3.  To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

      4.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to justices of the supreme court.

      Sec. 2.  NRS 3.095 is hereby amended to read as follows:

      3.095  1.  If a district judge at the time of his death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive monthly payments of [$1,300] $2,000 per month.

      2.  If a surviving spouse of a judge is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees’ retirement system.

      3.  To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2443 (Chapter 724, SB 45)ê

 

reasonable regulations adopted for the purpose of carrying out the intent of this section.

      4.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to district judges.

      Sec. 3.  Any surviving spouse of a former judge or justice who, on July 1, 1991, is receiving a benefit pursuant to NRS 2.070 or 3.095 is automatically entitled to receive the increased payments provided in this act beginning on that date.

      Sec. 4.  1.  There is hereby appropriated from the state general fund to the supreme court for the support of the pensions of justices, judges and widows:

For the fiscal year 1991-92.................................................................. $84,773

For the fiscal year 1992-93.................................................................. $84,832

      2.  Any balance of the sums appropriated by subsection 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 5.  There is hereby appropriated from the state general fund to the supreme court of Nevada the sum of $175,000 for all matters related to the relocation of the staff, furnishings and equipment of the supreme court, supreme court law library and the administrative office of the courts.

      Sec. 6.  Any remaining balance of the appropriation made by section 5 of this act must not be committed for expenditure after July 1, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 7.  1.  This section and sections 5 and 6 of this act become effective on June 30, 1991.

      2.  Sections 1 to 4, inclusive, of this act become effective on July 1, 1991.

 

________

 

 

CHAPTER 725, SB 154

Senate Bill No. 154–Committee on Finance

CHAPTER 725

AN ACT relating to the state budget process; revising the provisions governing the content and format of the executive budget; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.205 is hereby amended to read as follows:

      353.205  The state budget for each fiscal year must be set up in three parts:

      1.  Part 1 must consist of a budget message by the governor which outlines the financial policy of the executive department of the state government for the next 2 fiscal years, describing in connection therewith the important features of the financial plan. It must also embrace a general budget summary setting forth the aggregate figures of the budget in such a manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2444 (Chapter 725, SB 154)ê

 

setting forth the aggregate figures of the budget in such a manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general budget summary must be supported by explanatory schedules or statements, classifying the expenditures contained therein by organizational units, objects and funds, and the income by organizational units, sources and funds.

      2.  Part 2 must embrace the detailed budget estimates both of expenditures and revenues as provided in NRS 353.150 to 353.246, inclusive. The information must be presented in a manner which sets forth separately the cost of continuing each program at the same level of service as the current year and the cost, by budget issue, of any recommendations to enhance or reduce that level of service. Revenues must be summarized by type and expenditures must be summarized by category of expense. Part 2 must include a mission statement and measurement indicators for each program. It must also include statements of the bonded indebtedness of the state government, showing the requirements for redemption of debt, the debt authorized and unissued, and the condition of the sinking funds, and any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.

      3.  Part 3 must include the general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the executive department of the state government for the next 2 fiscal years, and may include complete drafts of such other bills as may be required to provide the income necessary to finance the budget and to give legal sanction to the financial plan if adopted by the legislature.

As soon as each part is prepared, a copy of the part must be transmitted to the fiscal analysis division of the legislative counsel bureau for confidential examination and retention.

      Sec. 2.  NRS 353.210 is hereby amended to read as follows:

      353.210  1.  Except as provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state money, fees or other money under the authority of the state, including those operating on money designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms, accompanied by every supporting schedule and any other related material, be delivered directly to the fiscal analysis division of the legislative counsel bureau on or before September 1 of each even-numbered year. The fiscal analysis division of the legislative counsel bureau must be given advance notice of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2445 (Chapter 725, SB 154)ê

 

regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.

      2.  The expenditure estimates must be classified to set forth the data of funds, organization units, and the character and objects of expenditures [.] , and must include a mission statement and measurement indicators for each program. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its money is derived from state money or from other money collected under the authority of the state, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the chief may from any data at hand in his office or which he may examine or obtain elsewhere, make and enter an arbitrary budget for the department, institution or agency in accordance with such data.

      3.  Agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system and the judicial department of the state government shall submit to the chief for his information in preparing the executive budget the budgets which they propose to submit to the legislature.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 726, SB 156

Senate Bill No. 156–Committee on Finance

CHAPTER 726

AN ACT relating to the state budget process; revising the provisions governing the content and confidentiality of the budget of the executive department of the state government; requiring the submission of certain information concerning the state budget to the fiscal analysis division of the legislative counsel bureau by a specified date; revising the requirements for the budgets of the legislative and judicial departments of the state government and the public employees’ retirement system; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On or before November 15 of each even-numbered year, the chief shall provide to the fiscal analysis division of the legislative counsel bureau computerized budget files containing the actual revenue and expenditure data for the previous year, the work programs for the current year and each agency’s requested budget for the next 2 years.

      2.  As soon as practicable after receipt of the budget files pursuant to subsection 1, the fiscal analysis division shall provide a synopsis of the information to the members of the senate standing committee on finance and the assembly standing committee on ways and means for the ensuing session of the legislature.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2446 (Chapter 726, SB 156)ê

 

the assembly standing committee on ways and means for the ensuing session of the legislature. The synopsis must include the levels of requested expenditures of all of the departments and agencies, major budget issues, approximate available revenues, historical data and any other information the fiscal analysts deem appropriate.

      Sec. 2.  NRS 353.155 is hereby amended to read as follows:

      353.155  As used in NRS 353.150 to 353.246, inclusive, and section 1 of this act, “chief” means the chief of the budget division of the department of administration.

      Sec. 3.  NRS 353.205 is hereby amended to read as follows:

      353.205  The state budget for each fiscal year must be set up in three parts:

      1.  Part 1 must consist of a budget message by the governor which outlines the financial policy of the executive department of the state government for the next 2 fiscal years, describing in connection therewith the important features of the financial plan. It must also embrace a general budget summary setting forth the aggregate figures of the budget in such a manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general budget summary must be supported by explanatory schedules or statements, classifying the expenditures contained therein by organizational units, objects and funds, and the income by organizational units, sources and funds.

      2.  Part 2 must embrace the detailed budget estimates both of expenditures and revenues as provided in NRS 353.150 to 353.246, inclusive. It must include a mission statement and measurement indicators for each program. It must also include statements of the bonded indebtedness of the state government, showing the requirements for redemption of debt, the debt authorized and unissued, and the condition of the sinking funds, and any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.

      3.  Part 3 must include the general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the executive department of the state government for the next 2 fiscal years, and may include complete drafts of such other bills as may be required to provide the income necessary to finance the budget and to give legal sanction to the financial plan if adopted by the legislature.

As soon as each part is prepared, a copy of the part must be transmitted to the fiscal analysis division of the legislative counsel bureau for confidential examination and retention.

      Sec. 4.  NRS 353.210 is hereby amended to read as follows:

      353.210  1.  Except as provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state money, fees or other money under the authority of the state, including those operating on money designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2447 (Chapter 726, SB 156)ê

 

income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms, accompanied by every supporting schedule and any other related material, be delivered directly to the fiscal analysis division of the legislative counsel bureau on or before September 1 of each even-numbered year. The fiscal analysis division of the legislative counsel bureau must be given advance notice of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.

      2.  The expenditure estimates must be classified to set forth the data of funds, organization units, and the character and objects of expenditures [.] , and must include a mission statement and measurement indicators for each program. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its money is derived from state money or from other money collected under the authority of the state, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the chief may from any data at hand in his office or which he may examine or obtain elsewhere, make and enter an arbitrary budget for the department, institution or agency in accordance with such data.

      3.  Agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system and the judicial department of the state government shall submit to the chief for his information in preparing the executive budget the budgets which they propose to submit to the legislature.

      Sec. 5.  NRS 353.246 is hereby amended to read as follows:

      353.246  1.  Except as otherwise provided in subsection 2 of this section and subsection 3 of NRS 353.210, the provisions of NRS 353.150 to 353.245, inclusive, do not apply to agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system and the judicial department of the state government. [They]

      2.  The legislative department, the public employees’ retirement system and the judicial department of the state government shall submit their budgets to the legislature in [such form as is prescribed] the same format as the executive budget unless otherwise provided by the legislative commission.

      Sec. 6.  NRS 218.625 is hereby amended to read as follows:

      218.625  1.  The director, other officers and employees of the legislative counsel bureau shall not:

      (a) Oppose or urge legislation, except as the duties of the director, the legislative auditor, the legislative counsel, the research director and the fiscal analysts require them to make recommendations to the legislature.

      (b Except as otherwise provided in this section , section 1 of this act and NRS 218.2475, disclose to any person outside the legislative counsel bureau the contents or nature of any matter, unless the person entrusting the matter to the legislative counsel bureau so requests or consents.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2448 (Chapter 726, SB 156)ê

 

      2.  Except as the legislative auditor and his staff are further restricted by this chapter, the nature or content of any work previously done by the personnel of the legislative counsel bureau may be disclosed to a legislator or public agency if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed.

      3.  When a statute has been enacted or a resolution adopted, the legislative counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.

      4.  The records of the travel expenses of legislators and officers and employees of the legislative counsel bureau are available for public inspection at such reasonable hours and under such other conditions as the legislative commission prescribes.

      5.  If a legislator asks whether a request for proposed legislation relating to a specific topic has been submitted to the legislative counsel for preparation, the legislative counsel shall disclose to that legislator whether such a request has been submitted.

      6.  Upon receipt of a request for the preparation of a measure to be submitted to the legislature which duplicates or closely resembles a request previously submitted for the same legislative session, the legislative counsel shall, to the extent practicable, notify the person submitting the duplicative request of that fact and, except as otherwise provided in this subsection, ask the person to withdraw the request. If the request is not withdrawn, the legislative counsel shall inform the previous requester of the fact that a duplicative request has been made. If the request is submitted by a legislator on his own behalf, and the previous request was submitted by a legislator who is a member of the other house of the legislature, the legislative counsel shall inform the second requester of the fact that the request is duplicative.

 

________

 

 

CHAPTER 727, AB 303

Assembly Bill No. 303–Committee on Taxation

CHAPTER 727

AN ACT relating to business enterprises; requiring all businesses to have a business license issued by the state; imposing a tax on the privilege of conducting business in Nevada; increasing the annual fees paid by corporations; making an appropriation; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 33, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2449 (Chapter 727, AB 303)ê

 

      Sec. 3.  1.  “Business” includes:

      (a) A corporation, partnership, proprietorship, business association and any other similar organization that conducts an activity for profit; and

      (b) The activities of a natural person which are deemed to be a business pursuant to section 7 of this act.

      2.  The term includes an independent contractor.

      3.  The term does not include:

      (a) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c); or

      (b) A governmental entity.

      Sec. 4.  “Commission” means the Nevada tax commission.

      Sec. 5.  1.  “Employee” includes:

      (a) A natural person who receives wages or other remuneration from a business for personal services, including commissions and bonuses and remuneration payable in a medium other than cash; and

      (b) A natural person engaged in the operation of a business.

      2.  The term includes:

      (a) A partner or other co-owner of a business; and

      (b) Except as otherwise provided in subsection 3, a natural person reported as an employee to the:

             (1) Employment security department;

             (2) State industrial insurance system; or

             (3) Internal Revenue Service on an Employer’s Quarterly Federal Tax Return (Form 941), Employer’s Monthly Federal Tax Return (Form 941-M), Employer’s Annual Tax Return for Agricultural Employees (Form 943) or any equivalent or successor form.

      3.  The term does not include:

      (a) A business, including an independent contractor, that performs services on behalf of another business.

      (b) A natural person who is retired or otherwise receiving remuneration solely because of past service to the business.

      (c) A newspaper carrier or the immediate supervisor of a newspaper carrier who is an independent contractor of the newspaper and receives compensation solely from persons who purchase the newspaper.

      (d) A natural person who performs all of his duties for the business outside of this state.

      4.  An independent contractor is not an employee of a business with whom he contracts.

      Sec. 6.  “Wages” means any remuneration paid for personal services, including commissions, and bonuses and remuneration payable in any medium other than cash.

      Sec. 7.  The activity or activities conducted by a natural person shall be deemed to be a business that is subject to the provisions of this chapter if the person files with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss from Business Form, or its equivalent or successor form, or a Schedule F (Form 1040), Farm Income and Expenses Form, or its equivalent or successor form, for the activity or activities.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2450 (Chapter 727, AB 303)ê

 

      Sec. 7.5.  A natural person who does not employ any employees during a calendar quarter is exempt from the provisions of this chapter for that calendar quarter.

      Sec. 8.  1.  A person shall not conduct a business in this state unless he has a business license issued by the department.

      2.  The application for a business license must:

      (a) Be made upon a form prescribed by the department;

      (b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business;

      (c) Declare the estimated number of employees for the previous calendar quarter;

      (d) Be accompanied by a fee of $25; and

      (e) Include any other information that the department deems necessary.

      3.  The application must be signed by:

      (a) The owner, if the business is owned by a natural person;

      (b) A member or partner, if the business is owned by an association or partnership; or

      (c) An officer or some other person specifically authorized to sign the application, if the business is owned by a corporation.

      4.  If the application is signed pursuant to paragraph (c) of subsection 3, written evidence of the signer’s authority must be attached to the application.

      5.  For the purposes of this chapter, a person shall be deemed to conduct a business in this state if a business for which the person is responsible:

      (a) Is incorporated pursuant to chapter 78 or 78A of NRS;

      (b) Has an office or other base of operations in this state; or

      (c) Pays wages or other remuneration to a natural person who performs in this state any of the duties for which he is paid.

      Sec. 8.5.  1.  A proposed business that qualifies pursuant to the provisions of this section is entitled to an exemption of:

      (a) Eighty percent of the amount of tax otherwise due pursuant to section 9 of this act during the first 4 quarters of its operation;

      (b) Sixty percent of the amount of tax otherwise due pursuant to section 9 of this act during the second 4 quarters of its operation;

      (c) Forty percent of the amount of tax otherwise due pursuant to section 9 of this act during the third 4 quarters of its operation; and

      (d) Twenty percent of the amount of tax otherwise due pursuant to section 9 of this act during the fourth 4 quarters of its operation.

      2.  A proposed business is entitled to the exemption pursuant to subsection 1 if:

      (a) In a county whose population is 100,000 or more:

             (1) The business will have 200 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation;

             (2) Establishing the business will require the business to make a capital investment of $2,000,000 in Nevada; and

             (3) The exemption is approved by the commission on economic development pursuant to subsection 3.

      (b) In a county whose population is less than 100,000:

             (1) The business will have 50 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation;


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2451 (Chapter 727, AB 303)ê

 

             (2) Establishing the business will require the business to make a capital investment of $500,000 in Nevada; and

             (3) The exemption is approved by the commission on economic development pursuant to subsection 3.

      3.  A proposed business must apply to the commission on economic development to obtain the exemption authorized pursuant to this section. The commission shall certify a business’s eligibility for the exemption pursuant to this section if:

      (a) The proposed business commits to the requirements of subparagraphs (1) and (2) of paragraph (a) or (b) of subsection 2, whichever is applicable; and

      (b) The proposed business is consistent with the commission’s plan for economic diversification and development.

Upon certification, the commission shall immediately forward the certificate of eligibility for the exemption to the Nevada tax commission.

      4.  Upon receipt of such a certificate, the Nevada tax commission shall include the exemption in the calculation of the tax paid by the business. A business for which an exemption is approved that does not:

      (a) Have the required number of full-time employees on the payroll of the business by the fourth quarter that it is in operation; or

      (b) Make the required capital investment in Nevada in the course of establishing the business,

is required to repay to the department the amount of the exemption that was allowed pursuant to this section before the business’s failure to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. The business is also required to pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the exemption not been granted until the date of payment of the tax.

      5.  The commission on economic development shall adopt regulations governing:

      (a) The determination made pursuant to subsection 3 of a proposed business’s eligibility for the exemption provided in this section; and

      (b) The criteria for determining pursuant to subsection 4 whether a business has substantially complied with the requirements of this section.

      6.  The Nevada tax commission:

      (a) Shall adopt regulations governing the investments that qualify for the purposes of the required capital investment pursuant to subparagraph (2) of paragraph (a) or (b) of subsection 2.

      (b) May adopt such other regulations as are necessary to carry out the provisions of this section.

      Sec. 9.  1.  A tax is hereby imposed upon the privilege of conducting business in this state. The tax must be paid on or before the last day of each calendar quarter on the basis of the average number of employees in the previous calendar quarter.

      2.  Except as otherwise provided in section 9.5 of this act, the average number of employees for a quarter must be calculated by determining the number of employees on the payroll of the business during the week that includes the 12th day of the month for each of the months in the quarter.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2452 (Chapter 727, AB 303)ê

 

includes the 12th day of the month for each of the months in the quarter. The number so derived for each of the months in the quarter must be added together and then divided by three to determine the average number of employees for the business.

      3.  Except as otherwise provided in section 8.5, the amount of tax due per quarter for a business with an average number of employees of:

      (a) Not more than 99 must be determined pursuant to the following table:

 

Average Number of Employees

        during the Previous                                                           Total Tax for the

           Calendar Quarter                                                             Calendar Quarter

 

More than 0 but not more than 1                                                          $25

More than 1 but not more than 4                                                            75

More than 4 but not more than 9                                                          175

More than 9 but not more than 19                                                        375

More than 19 but not more than 34                                                      700

More than 34 but not more than 49                                                   1,050

More than 49 but not more than 74                                                   1,600

More than 74 but not more than 99                                                   2,250

 

      (b) More than 99 but not more than 999 is $2,250 plus $30 for each employee, or portion thereof, over 99.

      (c) More than 999 is $29,250 plus $17.50 for each employee, or portion thereof, over 999 up to but not exceeding $100,000 for the quarter.

      4.  Each business shall file a return on a form prescribed by the department with each remittance of the tax. If the payment due is greater than $1,000, the payment must be made by direct deposit at a bank in which the state has an account, unless the department waives this requirement pursuant to regulations adopted by the commission. The return must include a statement of the average number of employees of the business for the preceding quarter and any other information the department determines is necessary.

      5.  For the purposes of this section:

      (a) The average number of employees of a business does not include a sole proprietor or one natural person in any unincorporated business, who shall be deemed the owner of the business rather than an employee.

      (b) The businesses conducted by a corporation, partnership, proprietorship, business association or similar organization or by a natural person shall be deemed a single business if:

             (1) The businesses are similar or related; and

             (2) In the case of businesses conducted by a corporation, partnership, proprietorship, business association or similar organization, the businesses are affiliated.

      (c) If a person supplies more than 999 employees to a business, the employees supplied to the business shall be deemed a separate business of the person who supplies the employees.

      6.  The department shall prorate the tax:


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ê1991 Statutes of Nevada, Page 2453 (Chapter 727, AB 303)ê

 

      (a) If a business begun during the quarter applies for its license within 10 days after opening and tenders payment on or before the last day of the quarter.

      (b) If a business ended during the quarter surrenders its license and tenders payment within 10 days after closing.

      7.  The commission shall adopt regulations concerning the payment of the tax imposed pursuant to this section by direct deposit.

      8.  As used in this section:

      (a) “Affiliated” means to be directly or indirectly controlling, controlled by or under common control with another person.

      (b) “Control” means the power to direct or cause the management, operations or policies of a person, through direct or indirect ownership of that person.

      Sec. 9.5.  1.  A business may elect to pay the tax imposed by section 9 of this act on the basis of the average number of employees determined pursuant to the provisions of this section in lieu of the provisions of subsection 2 of section 9 of this act. The election must be made on or before the date the first payment of the fiscal year is made. An election made pursuant to this subsection applies for all four payments due during the fiscal year in which the election is made.

      2.  If a business elects to pay the tax pursuant to the provisions of this section, the total dollar amount of the payroll of the employer for the calendar quarter upon which the tax is based must be divided by the average wage factor for the fiscal year to determine the average number of employees of the business. The amount of tax due pursuant to subsection 3 of section 9 of this act must be calculated based upon the average number of employees determined pursuant to this subsection.

      3.  The average wage factor for fiscal year 1991-1992 is $3,120. The factor must be cumulatively increased or decreased by the department for each fiscal year by a percentage equal to the percentage change in the Consumer Price Index for the preceding calendar year.

      4.  If 50 percent or more of the employees of a business average working 20 hours or less per week, the business may petition the executive director to allow it to prove that it pays a substantially higher average wage than the average wage factor for the fiscal year to which the petition applies for the purposes of determining its number of employees pursuant to this section. The business shall pay the tax based upon the average wage factor for the fiscal year pending the determination of the petition. An adverse decision of the executive director may be appealed to the commission. The decision of the commission is a final decision. If the executive director, or the commission upon appeal, determines that the business meets the requirements of this subsection, the business may apply the formula set forth in subsection 2 using the higher wage approved for the business pursuant to this subsection in place of the average wage factor. The number of employees determined pursuant to the provisions of this subsection must be multiplied by 1.33 before it is used to determine the amount of tax due for the calendar quarter pursuant to subsection 3 of section 9 of this act.

      5.  The commission shall adopt regulations that provide for the development of average wage factors for businesses that are primarily engaged in the business of providing temporary or continuing employees to other businesses on a contract or fee basis.


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ê1991 Statutes of Nevada, Page 2454 (Chapter 727, AB 303)ê

 

business of providing temporary or continuing employees to other businesses on a contract or fee basis. The regulations must ensure the development of average wage factors that equitably tax all such businesses and result in the payment by each business of an amount of tax that is approximately equal to comparable businesses of other types. The commission may require such additional information from these businesses as it deems necessary to carry out the provisions of this subsection.

      Sec. 10.  1.  To verify the accuracy of any return filed, or, if no return is filed by a business, to determine the amount required to be paid, the department, or any person authorized in writing by it, may examine the books, papers, and records of any person or business that may be liable for the tax imposed by this chapter.

      2.  Any person or business which may be liable for the tax imposed by this chapter and which keeps outside of this state its books, papers and records relating thereto, shall pay to the department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the state for each day or fraction thereof during which an employee of the department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he is absent from his regular place of employment to examine those documents.

      Sec. 11.  The executive director may request lists of employers, the number of employees employed by each employer and the total wages paid by each employer from the state industrial insurance system and the employment security department to carry out the provisions of this chapter.

      Sec. 12.  Upon written application made before the due date, for good cause the department may extend the time within which a business is required to pay the tax imposed by this chapter. If the tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay at the time required, but the business shall pay interest at the rate most recently established pursuant to NRS 99.040 for each month, or fraction of a month, from the last day of the month following the date on which the amount would have been due without the extension until the date of payment.

      Sec. 13.  Notwithstanding any other provision of this Title, in any action by the department for the payment of taxes due pursuant to section 9 of this act, a person is not required to pay any penalty or interest for taxes due for the four quarters before the quarter in which the action is filed if the person responsible for the business had not received any correspondence from the department concerning the tax and was otherwise unaware of the liability.

      Sec. 14.  1.  Each person responsible for maintaining the records of a business shall:

      (a) Keep such records as may be necessary to determine the amount of its liability pursuant to the provisions of this chapter;

      (b) Preserve those records for 4 years or until any litigation or prosecution pursuant to this chapter is finally determined, whichever is longer; and

      (c) Make the records available for inspection by the department upon demand at reasonable times during regular business hours.

      2.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 15.  1.  A person shall not:


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ê1991 Statutes of Nevada, Page 2455 (Chapter 727, AB 303)ê

 

      (a) Make, cause to be made or permit to be made any false or fraudulent return or declaration or false statement in any return or declaration, with intent to defraud the state or to evade payment of the tax or any part of the tax imposed by this chapter.

      (b) Make, cause to be made or permit to be made any false entry in books, records or accounts with intent to defraud the state or to evade the payment of the tax or any part of the tax imposed by this chapter.

      (c) Keep, cause to be kept or permit to be kept more than one set of books, records or accounts with intent to defraud the state or to evade the payment of the tax or any part of the tax imposed by this chapter.

      2.  Any person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.

      Sec. 16.  1.  Except as otherwise provided in subsection 2, the records and files of the department concerning the administration of this chapter are confidential and privileged. The department, and any employee engaged in the administration of this chapter, or charged with the custody of any such records or files, shall not disclose any information obtained from the department’s records or files or from any examination, investigation or hearing authorized by the provisions of this chapter. Neither the department nor any employee of the department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

      2.  The records and files of the department concerning the administration of this chapter are not confidential and privileged in the following cases:

      (a) Testimony by a member or employee of the department and production of records, files and information on behalf of the department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby are directly involved in the action or proceeding.

      (b) Delivery to a taxpayer or his authorized representative of a copy of any return or other document filed by the taxpayer pursuant to this chapter.

      (c) Publication of statistics so classified as to prevent the identification of a particular business or document.

      (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

      (e) Disclosure in confidence to the governor or his agent in the exercise of the governor’s general supervisory powers, or to any person authorized to audit the accounts of the department in pursuance of an audit, or to the attorney general or other legal representative of the state in connection with an action or proceeding pursuant to this chapter or to any agency of this or any other state charged with the administration or enforcement of laws relating to worker’s compensation, unemployment compensation, public assistance, taxation, labor or gaming.

      Sec. 17.  1.  If any business which is liable for any amount required to be paid pursuant to this chapter sells out its business, or any portion thereof, or stock of goods, or quits the business, its successors or assigns shall withhold a sufficient portion of the purchase price to cover that amount until the former owner produces a receipt from the department showing that it has been paid or a certificate stating that no amount is due.


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ê1991 Statutes of Nevada, Page 2456 (Chapter 727, AB 303)ê

 

      2.  If the purchaser of a business, or any portion thereof, or stock of goods fails to withhold from the purchase price the amount required by subsection 1, he becomes personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money. Within 60 days after receiving a written request from the purchaser for a certificate, or within 60 days from the date the former owner’s records are made available for audit, whichever period expires later, but not later than 90 days after receiving the request, the department shall issue the certificate or mail notice to the purchaser at his address as it appears on the records of the department, of the amount that must be paid as a condition of issuing the certificate.

      3.  Failure of the department to mail the notice releases the purchaser from further obligation to withhold any portion of the purchase price.

      4.  The time within which the obligation of a successor may be enforced begins at the time the person or business sells out its business or stock of goods or at the time that the determination against the person or business becomes final, whichever occurs later.

      Sec. 18.  A person who:

      1.  Is required to be licensed pursuant to chapter 624 of NRS; and

      2.  Contracts with a subcontractor who is required to be licensed pursuant to that chapter and to have a business license and pay the tax imposed by this chapter,

shall require proof that the subcontractor has a business license and has paid the tax imposed by this chapter before commencing payments to the subcontractor. For the purposes of this section, a subcontractor proves that he has a business license and has paid the tax imposed by this chapter by presenting a receipt for or other evidence that he made the last quarterly payment required pursuant to this chapter.

      Sec. 19.  1.  If any amount required to be paid to the state pursuant to this chapter is not paid when due, the department may, within 3 years after the amount is due, file for record in the office of the county recorder of the county in which the business is located a certificate specifying the amount, interest and penalty due, the name and address as it appears on the records of the department of the person liable for the amount due, and the fact that the department has complied with all provisions of this chapter in the determination of the amount required to be paid.

      2.  From the time of the filing for record, the amount required to be paid, together with interest and penalty, constitutes a lien upon all real and personal property in the county owned by the person or acquired by him afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the filing of the certificate unless sooner released or otherwise discharged.

      3.  The lien may, within 5 years after the date of the filing of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, be extended by filing for record a new certificate in the office of the county recorder of any county, and from the time of filing, the lien is extended to the real and personal property in the county for 5 years, unless sooner released or otherwise discharged.

      4.  The department may at any time release all or any portion of the property subject to any lien provided for in this chapter from the lien or subordinate the lien or other liens and encumbrances if it determines that the amount, interest and penalties are secured sufficiently by a lien or other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.


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ê1991 Statutes of Nevada, Page 2457 (Chapter 727, AB 303)ê

 

subordinate the lien or other liens and encumbrances if it determines that the amount, interest and penalties are secured sufficiently by a lien or other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.

      5.  A certificate by the department to the effect that any property has been released from the lien, or that the lien has been subordinated to other liens and encumbrances, is conclusive evidence that the property has been released, or that the lien has been subordinated as provided in the certificate.

      Sec. 20.  1.  At any time within 3 years after any tax or any amount of the tax imposed by this chapter becomes due, and at any time within 3 years after the delinquency of any such tax, or within 5 years after the last recording of an abstract pursuant to NRS 360.450, or of a certificate pursuant to section 19 of this act, the department may bring an action in the courts of this state, or any other state, or of the United States, in the name of the people of the State of Nevada, to collect the amount delinquent together with penalties and interest.

      2.  The attorney general shall prosecute the action, and the provisions of NRS and the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.

      3.  In the action a writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment is required.

      4.  In the action a certificate by the department showing the delinquency is prima facie evidence of the determination of the tax or the amount of the tax, of the delinquency of the amounts set forth, and of the compliance by the department with all the provisions of this chapter in relation to the computation and determination of the amounts.

      Sec. 21.  If the department determines that any tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the department shall set forth that fact in the records of the department and certify to the state board of examiners the amount collected in excess of the amount legally due and the business or person from which it was collected or by whom paid. If approved by the state board of examiners, the excess amount collected or paid must be credited on any amounts then due from the person or business under this chapter, and the balance refunded to the person or business, or its successors, administrators or executors.

      Sec. 22.  1.  Except as otherwise provided in NRS 360.235:

      (a) No refund may be allowed unless a claim for it is filed with the department within 3 years after the last day of the month following the close of the period for which the overpayment was made, or, with respect to determinations made pursuant to NRS 360.300 to 360.416, inclusive, within 6 months after the determination becomes final, or within 6 months after the date of overpayment, whichever period expires later.

      (b) No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period.

      2.  Each claim must be in writing and must state the specific grounds upon which the claim is founded.


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ê1991 Statutes of Nevada, Page 2458 (Chapter 727, AB 303)ê

 

      3.  Failure to file a claim within the time prescribed in this chapter constitutes a waiver of any demand against the state on account of overpayment.

      4.  Within 30 days after disallowing any claim in whole or in part, the department shall serve notice of its action on the claimant in the manner prescribed for service of notice of a deficiency determination.

      Sec. 23.  1.  Interest must be paid upon any overpayment of any amount of the fee or tax imposed by this chapter at the rate of one-half of 1 percent per month, or fraction thereof, from the last day of the calendar month following the period for which the overpayment was made. No refund or credit may be made of any interest imposed upon the person or business making the overpayment with respect to the amount being refunded or credited.

      2.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the department that a claim may be filed or the date upon which the claim is certified to the state board of examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the fee or tax or amount against which the credit is applied.

      3.  If the department determines that any overpayment has been made intentionally or by reason of carelessness, it shall not allow any interest on it.

      Sec. 24.  1.  No injunction, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against this state or against any officer of the state to prevent or enjoin the collection under this chapter of the tax imposed by this chapter or any amount of tax, penalty or interest required to be collected.

      2.  No suit or proceeding may be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been filed.

      Sec. 25.  1.  Within 90 days after the mailing of the notice of the department’s action upon a claim filed pursuant to this chapter, the claimant may bring an action against the department on the grounds set forth in the claim in a court of competent jurisdiction in Carson City or Clark County for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

      2.  Failure to bring action within the time specified constitutes a waiver of any demand against the state on account of alleged overpayments.

      Sec. 26.  1.  If the department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may, before the mailing of notice by the department of its action on the claim, consider the claim disallowed and bring an action against the department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

      2.  If judgment is rendered for the plaintiff, the amount of the judgment must first be credited towards any fee or tax due from the plaintiff.

      3.  The balance of the judgment must be refunded to the plaintiff.

      Sec. 27.  In any judgment, interest must be allowed at the rate of 6 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days.


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ê1991 Statutes of Nevada, Page 2459 (Chapter 727, AB 303)ê

 

the judgment, or to a date preceding the date of the refund warrant by not more than 30 days. The date must be determined by the department.

      Sec. 28.  A judgment may not be rendered in favor of the plaintiff in any action brought against the department to recover any amount paid when the action is brought by or in the name of an assignee of the business paying the amount or by any person other than the person or business which paid the amount.

      Sec. 29.  1.  The department may recover a refund or any part thereof which is erroneously made and any credit or part thereof which is erroneously allowed in an action brought in a court of competent jurisdiction in Carson City or Clark county in the name of the State of Nevada.

      2.  The action must be tried in Carson City or Clark County unless the court with the consent of the attorney general orders a change of place of trial.

      3.  The attorney general shall prosecute the action, and the provisions of NRS, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.

      Sec. 30.  1.  If any amount in excess of $25 has been illegally determined, either by the person filing the return or by the department, the department shall certify this fact to the state board of examiners, and the latter shall authorize the cancellation of the amount upon the records of the department.

      2.  If an amount not exceeding $25 has been illegally determined, either by the person or business filing a return or by the department, the department without certifying this fact to the state board of examiners, shall authorize the cancellation of the amount upon the records of the department.

      Sec. 31.  1.  The department shall deposit all fees, taxes, interest and penalties it receives under this chapter in the state treasury for credit to the business tax account in the state general fund.

      2.  The money in the business tax account may, upon order of the state controller, be used for refunds under this chapter.

      Sec. 32.  1.  The remedies of the state provided for in this chapter are cumulative, and no action taken by the department or the attorney general constitutes an election by the state to pursue any remedy to the exclusion of any other remedy for which provision is made in this chapter.

      Sec. 33.  The commission shall adopt such regulations as it deems necessary to carry out the provisions of this chapter.

      Sec. 34.  NRS 360.412 is hereby amended to read as follows:

      360.412  If the department believes that the collection of any amount of sales or use tax , business tax, or other excise due under this Title or chapter 585 of NRS will be jeopardized by delay, it shall make a determination of the amount required to be collected and serve notice of the determination upon the person against whom it is made.

      Sec. 35.  NRS 360.417 is hereby amended to read as follows:

      360.417  [Any] Unless a different penalty or rate of interest is specifically provided, any person who fails to pay any tax provided for in chapter 362, 365, 369, 370, 372, 373 or 374 of NRS or sections 2 to 33, inclusive, of this act, or fee provided for in NRS 590.700 to 590.920, inclusive, to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the department, in addition to the tax or fee, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax or fee became due until the date of payment.


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ê1991 Statutes of Nevada, Page 2460 (Chapter 727, AB 303)ê

 

percent of the amount of the tax or fee which is owed, as determined by the department, in addition to the tax or fee, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax or fee became due until the date of payment.

      Sec. 36.  NRS 78.150 is hereby amended to read as follows:

      78.150  1.  Each corporation organized under the laws of this state shall, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the corporation.

      2.  Upon filing the list of officers and directors and designation of resident agent, the corporation shall pay to the secretary of state a fee of [$50.] $85.

      3.  The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by law.

      Sec. 36.2.  NRS 78.160 is hereby amended to read as follows:

      78.160  Each corporation organized pursuant to the laws of this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:

      1.  File a list of its officers and directors and a designation of its resident agent. The address of the resident agent must be the same as that of the principal office.

      2.  Pay to the secretary of state a fee of [$50.] $85.

      3.  File a copy of the designation of resident agent in the office of the county clerk of the county in which the principal office of the corporation in this state is located.

      Sec. 36.4.  NRS 80.110 is hereby amended to read as follows:

      80.110  1.  Each foreign corporation doing business in this state shall, on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the corporation.

      2.  Upon filing the list and designation, the corporation shall pay to the secretary of state a fee of [$50.] $85.

      3.  The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 80.110 to 80.170, inclusive, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive.

      Sec. 36.6.  NRS 80.130 is hereby amended to read as follows:

      80.130  Each foreign corporation coming into this state shall, within 60 days after the filing of its certificate of corporate existence with the secretary of state:


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ê1991 Statutes of Nevada, Page 2461 (Chapter 727, AB 303)ê

 

      1.  File a list of its officers and directors and a designation of its resident agent. The address of the resident agent must be the same as that of the principal office.

      2.  Pay to the secretary of state a fee therefor of [$50.] $85.

      Sec. 36.8.  NRS 89.090 is hereby amended to read as follows:

      89.090  1.  Each professional corporation shall, on or before the last day of the month in which the anniversary date of its incorporation occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all stockholders, directors, officers and employees in the corporation and shall certify that all stockholders, directors, officers and employees are licensed or otherwise legally authorized to render professional service in this state. The statement must be made on a form prescribed by the secretary of state, but must not contain any fiscal or other information except that expressly called for by this section. The statement must be signed by the president or vice president of the corporation. The statement is in lieu of the regular annual report of corporations otherwise required by chapter 78 of NRS.

      2.  Upon filing the statement, the professional corporation shall pay to the secretary of state a fee of [$50.] $85. For default there must be added to the amount of the fee a penalty of $15.

      Sec. 37.  NRS 244.335 is hereby amended to read as follows:

      244.335  1.  Except as otherwise provided in subsection 2, the board of county commissioners may:

      (a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

      (b) Except as otherwise provided in section 3.7 of [this act,] chapter 19, Statutes of Nevada 1991, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

      2.  The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.

      3.  No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of sections 2 to 33, inclusive, of this act. The county license board shall provide upon request an application for a business license pursuant to sections 2 to 33, inclusive, of this act.

      4.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the state has issued or will issue a license required for this activity.


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ê1991 Statutes of Nevada, Page 2462 (Chapter 727, AB 303)ê

 

      [4.] 5.  Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:

      (a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      [5.] 6.  The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.

      Sec. 38.  NRS 268.095 is hereby amended to read as follows:

      268.095  1.  The city council or other governing body of each incorporated city in the State of Nevada, whether organized under general law or special charter, may:

      (a) Except as otherwise provided in section 13.5 of [this act,] chapter 19, Statutes of Nevada 1991, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

      (b) Assign the proceeds of any one or more such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

             (1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2463 (Chapter 727, AB 303)ê

 

             (3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

             (4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

             (5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and

             (6) For constructing, purchasing or otherwise acquiring such recreational facilities.

      2.  No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of sections 2 to 33, inclusive, of this act. The city licensing agency shall provide upon request an application for a business license pursuant to sections 2 to 33, inclusive, of this act.

      3.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the state has issued or will issue a license required for this activity.

      [3.] 4.  Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:

      (a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      [4.] 5.  The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. Except as otherwise provided in NRS 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2464 (Chapter 727, AB 303)ê

 

disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.

      [5.] 6.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that his section provide a separate method of accomplishing its objectives, and not an exclusive one.

      Sec. 39.  NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or his legal representative is entitled to information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding under this chapter. A claimant or an employing unit is not entitled to information from the records of the employment security department for any other purpose.

      3.  Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of an unemployment compensation law, public assistance law, workman’s compensation or labor law, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support; or

      (c) The Internal Revenue Service of the Department of the Treasury.

Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      4.  The executive director may provide information on the names of employers, their geographic locations, their type or class of business or industry, and the approximate number of employees employed by each employer to the commission on economic development for its use in developing and diversifying the economic interests of this state.

      5.  Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient’s rights to further benefits under this chapter.

      6.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the executive director that he furnish, from the records of the employment security department, the name, address and place of employment of any person listed in the records of employment of the department. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2465 (Chapter 727, AB 303)ê

 

forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the executive director shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

      7.  The executive director shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for use in verifying returns for the business tax. The executive director may charge a reasonable fee to cover any related administrative expenses.

      8.  The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.

      [8.] 9.  If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits under this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.

      [9.] 10.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the employment security department or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 40.  NRS 616.192 is hereby amended to read as follows:

      616.192  1.  Except as otherwise provided in this section and in NRS 616.193 and 616.550, information obtained from any employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

      2.  Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under this chapter.

      3.  The department and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The manager may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

      (a) Any agency of this or any other state charged with the administration or enforcement of workers’ compensation law, unemployment compensation law, public assistance law or labor law;

      (b) Any state or local agency for the enforcement of child support; or

      (c) The Internal Revenue Service of the Department of the Treasury.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2466 (Chapter 727, AB 303)ê

 

Information obtained in connection with the administration of a workers’ compensation program may be made available to persons or agencies for purposes appropriate to the operation of a workers’ compensation program.

      4.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the manager that he furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the manager shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

      5.  The manager shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax. The manager may charge a reasonable fee to cover any related administrative expenses.

      6.  If any employee or member of the board of directors or manager or any employee of the manager, in violation of this section, discloses information obtained from files of claimants or policyholders, or if any person who has obtained a list of claimants or policyholders under this chapter uses or permits the use of the list for any political purposes, he is guilty of a gross misdemeanor.

      [6.] 7.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 41.  1.  There is hereby appropriated from the state general fund to the department of taxation for the costs of additional computer programming, employees, travel expenses and operating costs necessary to carry out the provisions of this act:

For fiscal year 1991-1992............................................................... $1,358,431

For fiscal year 1992-1993............................................................... $1,171,809

      2.  The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 42.  Section 1 of chapter 184, Statutes of Nevada 1991, is hereby amended to read as follows:

       Section 1.  NRS 612.265 is hereby amended to read as follows:

       612.265  1.  Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2467 (Chapter 727, AB 303)ê

 

      2.  Any claimant or his legal representative is entitled to information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding [under] pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the employment security department for any other purpose.

      3.  Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of an unemployment compensation law, public assistance law, workman’s compensation or labor law, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support; or

      (c) The Internal Revenue Service of the Department of the Treasury. Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      4.  The executive director may provide information on the names of employers, their geographic locations, their type or class of business or industry, and the approximate number of employees employed by each employer to the commission on economic development for its use in developing and diversifying the economic interests of this state.

      5.  Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient’s rights to further benefits [under] pursuant to this chapter.

      6.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the executive director that he furnish, from the records of the employment security department, the name, address and place of employment of any person listed in the records of employment of the department. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the executive director shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

      7.  The executive director shall provide lists containing the names and address of employers and the number of employees employed by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax.

      8.  The manager of the state industrial insurance system may submit to the executive director a list of each person who received benefits pursuant to chapter 616 or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the employment security department regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2468 (Chapter 727, AB 303)ê

 

the employment security department regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the manager must be in a form determined by the executive director and must contain the social security number of each such person. Upon receipt of such a request, the executive director shall make such a comparison and provide to the manager a list of the name, address and social security number of each person who appears, from the information submitted, to be simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS. The executive director shall charge a reasonable fee to cover any related administrative expenses. The manager shall use the information obtained pursuant to this subsection only to further a current investigation. The manager shall not disclose the information for any other purpose.

      9.  The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.

      [9.] 10.  If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits [under] pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.

      [10.] 11.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the employment security department or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, set, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 43.  Section 2 of Senate Bill No. 528 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 360.417 is hereby amended to read as follows:

       360.417  Unless a different penalty or rate of interest is specifically provided, any person who fails to pay any tax provided for in chapter 362, 365, 369, 370, 372, 373 or 374 of NRS or sections 2 to 33, inclusive, of [this act,] Assembly Bill No. 303 of this session, or fee provided for in NRS 590.700 to 590.920, inclusive, to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the department, in addition to the tax or fee, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the [date on which the tax or fee became due] last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2469 (Chapter 727, AB 303)ê

 

      Sec. 44.  Section 90 of Assembly Bill No. 655 of this session is hereby amended to read as follows:

       Sec. 90.  NRS 78.160 is hereby amended to read as follows:

       78.160  Each corporation organized pursuant to the laws of this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:

       1.  File a list of its [officers and directors and a designation of its resident agent. The address of the resident agent must be the same as that of the principal office.] president, secretary, treasurer and all of its directors.

       2.  Pay to the secretary of state a fee of $75.

       [3.  File a copy of the designation of resident agent in the office of the county clerk of the county in which the principal office of the corporation in this state is located.]

      Sec. 45.  Section 134 of Assembly Bill No. 655 of this session is hereby amended to read as follows:

       Sec. 134.  NRS 80.130 is hereby amended to read as follows:

       80.130  Each foreign corporation coming into this state shall, within 60 days after the filing of its certificate of corporate existence with the secretary of state:

       1.  File a list of its [officers] president, secretary, treasurer and all of its directors and a designation of its resident agent. The address of the resident agent must be the same as that of the [principal] registered office.

       2.  Pay to the secretary of state of fee therefor of $75.

      Sec. 46.  Section 334.5 of Assembly Bill No. 655 of this session is hereby amended to read as follows:

       Sec. 334.5.  NRS 89.090 is hereby amended to read as follows:

       89.090  1.  Each professional corporation shall, on or before the last day of the month in which the anniversary date of its incorporation occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all stockholders, directors, officers and employees in the corporation and shall certify that all stockholders [,] who are natural persons and all directors, officers and employees are licensed or otherwise legally authorized to render professional service in this state. The statement must be made on a form prescribed by the secretary of state, but must not contain any fiscal or other information except that expressly called for by this section. The statement must be signed by the president or vice president of the corporation. The statement is in lieu of the regular annual report of corporations otherwise required by chapter 78 of NRS.

       2.  Upon filing the statement, the professional corporation shall pay to the secretary of state a fee of $75. For default there must be added to the amount of the fee a penalty of $15.

      Sec. 47.  1.  Notwithstanding any other provision of law to the contrary, a business whose rates were approved by a local governmental entity or the taxicab authority pursuant to NRS 706.881 to 706.885, inclusive, before July 1, 1991, may increase the previously approved rates by an amount which is reasonably estimated to produce an amount of revenue equal to the amount of taxes the business is required to pay pursuant to the provisions of this act.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2470 (Chapter 727, AB 303)ê

 

reasonably estimated to produce an amount of revenue equal to the amount of taxes the business is required to pay pursuant to the provisions of this act.

      2.  Any increase in rates made pursuant to the provisions of subsection 1 must be made to all rates charged by the business in a manner which allocates the increase fairly among all persons who pay the rates.

      3.  The local governmental entity or taxicab authority which approves the rates of the business shall regulate the increase allowed pursuant to this section to ensure that the increase produces the amount of revenue authorized by this section.

      Sec. 48.  1.  This act becomes effective upon passage and approval for the purposes of the adoption of regulations by the Nevada tax commission and on July 1, 1991, for all other purposes.

      2.  The first payment of tax under this act is due on or before September 30, 1991.

 

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CHAPTER 728, SB 568

Senate Bill No. 568–Senator Shaffer (by request)

CHAPTER 728

AN ACT relating to land surveyors; authorizing a professional land surveyor to prepare the grading and drainage plans for certain subdivisions; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 625.330 is hereby amended to read as follows:

      625.330  1.  A professional land surveyor may practice land surveying and prepare [maps,] :

      (a) Maps, plats, reports [,] and descriptions ; and

      (b) Grading and drainage plans for residential subdivisions containing four lots or less,

or other documentary evidence in connection therewith.

      2.  Every map, plat, report, drawing, description , grading and drainage plan or other document issued by a professional land surveyor must be signed by him, endorsed with his certificate number, dated and stamped with his seal or rubber stamp, whenever such map, plat, report, drawing, description , grading and drainage plan or other document is filed as a public record, filed with any public authority, or delivered as a formal or final document.

      3.  It is unlawful for a professional land surveyor to sign, stamp or seal any map, plat, report, description , grading and drainage plan or other document relating to land surveying which was not prepared by him or for which he did not have the responsible charge of the work.

      4.  It is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the professional land surveyor named on the seal has expired or has been revoked, unless his certificate has been renewed or reissued.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2471 (Chapter 728, SB 568)ê

 

expired or has been revoked, unless his certificate has been renewed or reissued.

 

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CHAPTER 729, SB 657

Senate Bill No. 657–Committee on Finance

CHAPTER 729

AN ACT relating to state financial administration; creating the fund to stabilize the operation of the state government; limiting the circumstances under which an appropriation may be made from the fund; requiring that the state budget include a reserve to meet emergencies arising during the biennium; prohibiting appropriations and similar measures that are made contingent upon future balances in the state general fund; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The fund to stabilize the operation of the state government is hereby created as a trust fund. The state controller shall deposit to the credit of the fund two-fifths of any revenue received by the state in excess of the amount necessary to:

      (a) Pay all appropriations made for the support of the state government for the current fiscal year; and

      (b) Attain the reserve required by NRS 353.213.

The balance in the fund must not exceed $100,000,000.

      2.  Money from the fund to stabilize the operation of the state government may be appropriated only:

      (a) If the total actual revenue of the state falls short by 5 percent or more of the total anticipated revenue for the biennium in which the appropriation is made; or

      (b) If the legislature and the governor declare that a fiscal emergency exists.

      Sec. 2.  NRS 353.213 is hereby amended to read as follows:

      353.213  1.  In preparing the state budget for each biennium, the chief shall not exceed the limit upon total proposed expenditures for purposes other than construction from the state general fund calculated pursuant to this section. The base for each biennium is the total expenditure, for the purposes limited, from the state general fund appropriated and authorized by the legislature for the biennium beginning on July 1, 1975.

      2.  The limit for each biennium is calculated as follows:

      (a) The amount of expenditure constituting the base is multiplied by the percentage of change in population for the current biennium from the population on July 1, 1974, and this product is added to or subtracted from the amount of expenditure constituting the base.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2472 (Chapter 729, SB 657)ê

 

      (b) The amount calculated under paragraph (a) is multiplied by the percentage of inflation or deflation, and this product is added to or subtracted from the amount calculated under paragraph (a).

      (c) Subject to the limitations of this paragraph:

             (1) If the amount resulting from the calculations under paragraphs (a) and (b) represents a net increase over the base biennium the chief may increase the proposed expenditure accordingly.

             (2) If the amount represents a net decrease, the chief shall decrease the proposed expenditure accordingly.

             (3) If the amount is the same as in the base biennium, that amount is the limit of permissible proposed expenditure.

The proposed budget for each fiscal year of the biennium must provide for a reserve of not less than 5 percent nor more than 10 percent of the total of all proposed general fund operating appropriations and authorizations for that fiscal year for all departments, institutions and agencies of the state government.

      3.  The revised estimate of population for the state issued by the United States Department of Commerce as of July 1, 1974, must be used, and the governor shall certify the percentage of increase or decrease in population for each succeeding biennium. The Consumer Price Index published by the United States Department of Labor for July preceding each biennium must be used in determining the percentage of inflation or deflation.

      4.  The chief may exceed the limit to the extent necessary to meet situations in which there is a threat to life or property.

      Sec. 3.  NRS 353.235 is hereby amended to read as follows:

      353.235  1.  Neither house may consider any appropriation, except an emergency appropriation for the immediate expense of the legislature, until after the delivery of the budget to the presiding officer of each house.

      2.  Every appropriation in addition to that provided for in the budget [shall] must be embodied in a separate act and [shall] must be limited to some single work, object or purpose therein stated.

      3.  A supplementary appropriation is not valid if it exceeds the amount in the state treasury available for [such] the appropriation, unless the legislature making [such] the appropriation provides the necessary revenue to pay [such] the appropriation by a tax, direct or indirect, to be laid and collected as directed by the legislature . [; but such tax shall] The tax must not exceed the rates permitted under the constitution of the State of Nevada. This provision does not apply to appropriations to suppress insurrections, defend the state, or assist in defending the United States in time of war.

      4.  An appropriation of money must not be made or a level of salary or other expenditure established which is contingent upon the attainment, during the biennium in which the money is to be expended or the salary or level of expenditure is to be effective, of a specified balance in the state general fund.

      5.  The revenues and other resources of any fund are subject to legislative authorization or appropriation and legislative review for each fiscal period except where [such] that procedure conflicts with the constitution or an express provision of statute.


…………………………………………………………………………………………………………………

ê1991 Statutes of Nevada, Page 2473 (Chapter 729, SB 657)ê

 

      Sec. 4.  This act becomes effective on January 1, 1993.

 

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