Link to Page 2338

 

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2001 Statutes of Nevada, Page 2339

 

CHAPTER 457, SB 568

Senate Bill No. 568–Committee on Government Affairs

 

CHAPTER 457

 

AN ACT relating to tort claims; allowing the risk management division of the department of administration and the attorney general to assess counties for certain tort claims under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 331.187 is hereby amended to read as follows:

    331.187  1.  There is created in the state treasury the fund for insurance premiums as an internal service fund to be maintained for use by the risk management division of the department of administration and the attorney general.

    2.  Each state agency shall deposit in the fund:

    (a) An amount equal to its insurance premium and other charges for potential liability, self-insured claims, other than self-insured tort claims, and administrative expenses, as determined by the risk management division; and

    (b) An amount for self-insured tort claims and expenses related to those claims, as determined by the attorney general.

    3.  Each county shall deposit in the fund an assessment for the employees of the district court of that county, excluding district judges, unless the county enters into a written agreement with the attorney general to:

    (a) Hold the State of Nevada harmless and assume liability and costs of defense for the employees of the district court;

    (b) Reimburse the State of Nevada for any liability and costs of defense that the State of Nevada incurs for the employees of the district court; or

    (c) Include the employees of the district court under the county’s own insurance or other coverage.

    4.  Expenditures from the fund must be made by the risk management division or the attorney general to an insurer for premiums of state agencies as they become due or for deductibles, self-insured property and tort claims or claims pursuant to NRS 41.0349. If the money in the fund is insufficient to pay a tort claim, it must be paid from the reserve for statutory contingency account.

    5.  As used in this section, “assessment” means an amount determined by the risk management division and the attorney general to be equal to the share of a county for:

    (a) Applicable insurance premiums;

    (b) Other charges for potential liability and tort claims; and

    (c) Expenses related to tort claims.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

 


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2001 Statutes of Nevada, Page 2340

 

CHAPTER 458, SB 33

Senate Bill No. 33–Committee on Judiciary

 

CHAPTER 458

 

AN ACT relating to probate; providing for the use of electronic wills and electronic trusts; providing for a declaration of attesting witnesses to a will; revising provisions governing the appeal of a contest of a will; revising provisions governing the summary administration of an estate; providing for the application of certain provisions governing estates to provisions governing trusts; revising various other provisions governing probate; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 132 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

    Sec. 2.  As used in this Title, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, the term includes an electronic will.

    Sec. 3.  “Electronic record” means a record created, generated or stored by electronic means.

    Sec. 4.  “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

    Sec. 5.  “Electronic will” means a testamentary document that complies with the requirements of section 9 of this act.

    Sec. 6.  “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic medium and is retrievable in perceivable form.

    Sec. 7.  NRS 132.025 is hereby amended to read as follows:

    132.025  As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 132.030 to 132.370, inclusive, and sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.

    Sec. 8.  NRS 132.070 is hereby amended to read as follows:

    132.070  “Codicil” means an addition to a will that may modify or revoke one or more provisions of the will, or add one or more provisions to the will, and is signed with the same formalities as a witnessed will, electronic will or holographic will.

    Sec. 9.  Chapter 133 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  An electronic will is a will of a testator that:

    (a) Is written, created and stored in an electronic record;

    (b) Contains the date and the electronic signature of the testator and which includes, without limitation, at least one authentication characteristic of the testator; and

    (c) Is created and stored in such a manner that:

         (1) Only one authoritative copy exists;

         (2) The authoritative copy is maintained and controlled by the testator or a custodian designated by the testator in the electronic will;


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2001 Statutes of Nevada, Page 2341 (Chapter 458, SB 33)

 

         (3) Any attempted alteration of the authoritative copy is readily identifiable; and

         (4) Each copy of the authoritative copy is readily identifiable as a copy that is not the authoritative copy.

    2.  Every person of sound mind over the age of 18 years may, by last electronic will, dispose of all of his estate, real and personal, but the estate is chargeable with the payment of the testator’s debts.

    3.  An electronic will that meets the requirements of this section is subject to no other form, and may be made in or out of this state. An electronic will is valid and has the same force and effect as if formally executed.

    4.  An electronic will shall be deemed to be executed in this state if the authoritative copy of the electronic will is:

    (a) Transmitted to and maintained by a custodian designated in the electronic will at his place of business in this state or at his residence in this state; or

    (b) Maintained by the testator at his place of business in this state or at his residence in this state.

    5.  The provisions of this section do not apply to a trust other than a trust contained in an electronic will.

    6.  As used in this section:

    (a) “Authentication characteristic” means a characteristic of a certain person that is unique to that person and that is capable of measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person. Such a characteristic may consist of a fingerprint, a retinal scan, voice recognition, facial recognition, a digitized signature or other authentication using a unique characteristic of the person.

    (b) “Authoritative copy” means the original, unique, identifiable and unalterable electronic record of an electronic will.

    (c) “Digitized signature” means a graphical image of a handwritten signature that is created, generated or stored by electronic means.

    Sec. 10.  NRS 133.040 is hereby amended to read as follows:

    133.040  No will executed in this state, except such electronic wills or holographic wills as are mentioned in this chapter, is valid unless it is in writing and signed by the testator, or by an attending person at the testator’s express direction, and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator.

    Sec. 11.  NRS 133.045 is hereby amended to read as follows:

    133.045  1.  Whether or not the provisions relating to electronic wills and holographic wills apply, a will may refer to a written statement or list , including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.

    2.  To be admissible as evidence of the intended disposition, the statement or list must contain:

    (a) The date of its execution.

    (b) A title indicating its purpose.

    (c) A reference to the will to which it relates.


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    (d) A reasonably certain description of the items to be disposed of and the names of the devisees.

    (e) The testator’s handwritten signature [.] or electronic signature.

    3.  The statement or list may be:

    (a) Referred to as a writing to be in existence at the time of the testator’s death.

    (b) Prepared before or after the execution of the will.

    (c) Altered by the testator after its preparation.

    (d) A writing which has no significance apart from its effect upon the dispositions made by the will.

    Sec. 12.  NRS 133.050 is hereby amended to read as follows:

    133.050  1.  Any [or all of the attesting witnesses to any] attesting witness to a will may sign a declaration under penalty of perjury or an affidavit before any person authorized to administer oaths in or out of the state, stating such facts as [they] the witness would be required to testify to in court to prove the will. The declaration or affidavit must be written on the will or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court as if it had been taken before the court.

    2.  The affidavit described in subsection 1 may be in substantially [in form as follows:] the following form:

 

State of Nevada                      }

                                                    }ss.

County of ............................... }

 

                                                                                    (Date) .........................................

    Then and there personally appeared ................ and ................., who, being duly sworn, depose and say: That they witnessed the execution of the foregoing will of the testator, ................; that the testator subscribed the will and declared it to be his last will and testament in their presence; that they thereafter subscribed the will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.

 

                                                                                                                             Affiant

                                                                                                                             Affiant

 

Subscribed and sworn to before me this .......

day of the month of ....... of the year .......

 

....................................... Notary Public

    3.  The declaration described in subsection 1 may be in substantially the following form:

Under penalty of perjury pursuant to the law of the State of Nevada, the undersigned, .................... and ...................., declare that the following is true of their own knowledge: That they witnessed the execution of the foregoing will of the testator, ........................; that the testator subscribed the will and declared it to be his last will and testament in their presence; that they thereafter subscribed the will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.


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2001 Statutes of Nevada, Page 2343 (Chapter 458, SB 33)

 

and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.

    Dated this ......... day of ................, ............

                                         Declarant

                                         Declarant

    Sec. 13.  NRS 133.080 is hereby amended to read as follows:

    133.080  1.  If in writing and subscribed by the testator, a last will and testament executed outside this state in the manner prescribed by the law, either of the state where executed or of the testator’s domicile, shall be deemed to be legally executed, and is of the same force and effect as if executed in the manner prescribed by the law of this state.

    2.  This section must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

    3.  As used in this section, “subscribed” includes, without limitation, placing an electronic signature on an electronic will.

    Sec. 14.  NRS 134.070 is hereby amended to read as follows:

    134.070  If the decedent leaves no issue, surviving spouse, or father or mother, and no brother or sister living at the time of death, the estate goes to the next of kin in equal degree, except that if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors are preferred to those who claim through ancestors more remote. [If any person dies leaving several children, or leaving a child and issue of one or more children, and any such surviving child dies under age and not having been married, all the estate that came to the deceased child by inheritance from the deceased parent descends in equal shares to the other children of the same parent, and to the issue of any other children who may have died, by right of representation.]

    Sec. 15.  NRS 134.080 is hereby amended to read as follows:

    134.080  1.  At the death of a child who is under age , who is without issue and who has not been married, all the other children of the parent being also dead, if any of the other children left issue, the estate that came to the child by inheritance from the parent descends to all the issue of the other children of the same parent, and if all the issue are in the same degree of kindred to the child , they are entitled to share the estate equally; otherwise, they are entitled to take according to the right of representation.

    2.  If any person dies leaving several children, or leaving a child and issue of one or more children, and any such surviving child dies under age, without issue and not having been married, all the estate that came to the deceased child by inheritance from the deceased parent descends in equal shares to the other children of the same parent, and to the issue of any other children of the same parent who may have died, by right of representation.

    Sec. 16.  Chapter 136 of NRS is hereby amended by adding thereto a new section to read as follows:

    An electronic will may be proved by authentication satisfactory to the court.

    Sec. 17.  NRS 137.140 is hereby amended to read as follows:

    137.140  An appeal from a final order determining the contest of a will is governed by the Nevada Rules of Appellate Procedure [.] , and the notice of appeal must be filed with the clerk of the district court not later than 30 days after the date of service of written notice of entry of a final order. A party may make any motion after the determination that is provided by the Nevada Rules of Civil Procedure.


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2001 Statutes of Nevada, Page 2344 (Chapter 458, SB 33)

 

party may make any motion after the determination that is provided by the Nevada Rules of Civil Procedure.

    Sec. 18.  NRS 139.010 is hereby amended to read as follows:

    139.010  No person is entitled to letters of administration who:

    1.  Is under the age of majority;

    2.  Has been convicted of a felony;

    3.  Upon proof, is adjudged by the court disqualified by reason of conflict of interest, drunkenness, improvidence or lack of integrity or understanding; or

    4.  Is not a resident of the State of Nevada and who does not associate as coadministrator a resident of the State of Nevada or which, in the case of a banking corporation, is not authorized to do business in this state [or] and does not associate as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this state.

    Sec. 19.  NRS 139.040 is hereby amended to read as follows:

    139.040  1.  Administration of the intestate estate of a decedent must be granted to one or more of the persons mentioned in this section, and they are respectively entitled to priority for appointment in the following order:

    (a) The surviving spouse.

    (b) The children.

    (c) The father or the mother.

    (d) The brother or the sister.

    (e) The grandchildren.

    (f) Any other of the kindred entitled to share in the distribution of the estate.

    (g) [Creditors who have become such during the lifetime of the decedent.

    (h)] The public administrator.

    (h) Creditors who have become such during the lifetime of the decedent.

    (i) Any of the kindred not above enumerated, within the fourth degree of consanguinity.

    (j) Any person or persons legally qualified.

    2.  A person in each of the foregoing classes is entitled:

    (a) To appointment, if [he is a] the person is:

         (1) A resident of the State of Nevada or [is a] associates as coadministrator a resident of the State of Nevada; or

         (2) A banking corporation which is authorized to do business in this state or which associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this state.

    (b) To nominate a resident of the State of Nevada or a qualified banking corporation for appointment, whether or not the nominator is a resident of the State of Nevada or a qualified banking corporation. The nominee has the same priority as the nominator. That priority is independent of the residence or corporate qualification of the nominator.

    3.  If any heir who is otherwise entitled to appointment is a minor or an incompetent person for whom a guardian has been appointed, the court may appoint the guardian of the minor or incompetent person as administrator.

    Sec. 20.  NRS 143.037 is hereby amended to read as follows:

    143.037  1.  Except as otherwise provided in this section, a personal representative shall close an estate within 18 months after appointment.

    2.  If a claim against the estate is in litigation or in summary determination pursuant to subsection [4] 5 of NRS 145.060 or subsection 2 of NRS 147.130 or the amount of federal estate tax has not been determined, the court, upon petition of a devisee, creditor or heir, shall order that:


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of NRS 147.130 or the amount of federal estate tax has not been determined, the court, upon petition of a devisee, creditor or heir, shall order that:

    (a) A certain amount of money, or certain other assets, be retained by the personal representative to:

         (1) Satisfy the claim or tax; and

         (2) Pay any fees or costs related to the claim or tax, including fees for appraisals, attorney’s fees and court costs; and

    (b) The remainder of the estate be distributed.

    3.  If a contest of the will or a proceeding to determine heirship is pending, the court which appointed the personal representative:

    (a) Shall order that a certain amount of money, or certain other assets, be retained and the remainder of the estate distributed; or

    (b) May, for good cause shown, order that the entire distributable estate be retained pending disposition of the contest or proceeding.

    Sec. 21.  NRS 143.170 is hereby amended to read as follows:

    143.170  [A] Unless approved in advance by a court after application, notice and a hearing on the matter, a personal representative shall not directly or indirectly purchase any property of the estate represented by the personal representative.

    Sec. 22.  NRS 145.010 is hereby amended to read as follows:

    145.010  The provisions of this chapter [shall] apply only to estates of which summary administration [shall be] is ordered. Upon the granting of summary administration, all regular proceedings and further notices required by this Title are waived, except for the notices required by NRS 144.010, 145.060, 145.070 and 145.075.

    Sec. 23.  NRS 145.060 is hereby amended to read as follows:

    145.060  1.  A personal representative shall publish and mail notice to creditors in the manner provided in NRS 155.020.

    2.  Creditors of the estate must file their claims, due or to become due, with the clerk, within 60 days after the mailing to the creditors for those required to be mailed, or 60 days after the first publication of the notice to creditors pursuant to NRS 155.020, and within 10 days thereafter the personal representative shall allow or reject the claims filed.

    [2.] 3.  Any claim which is not filed within the 60 days is barred forever, except that if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020, the claim may be filed at any time before the filing of the final account.

    [3.] 4.  Every claim which is filed as provided in this section and allowed by the personal representative, must then, and not until then, be ranked as an acknowledged debt of the estate and be paid in the course of administration, except that payment of small debts in advance may be made pursuant to subsection 3 of NRS 150.230.

    [4.] 5.  If a claim filed by the welfare division of the department of human resources is rejected by the personal representative, the state welfare administrator may, within 20 days after receipt of the written notice of rejection, petition the court for summary determination of the claim. A petition for summary determination must be filed with the clerk, who shall set the petition for hearing, and the petitioner shall give notice for the period and in the manner required by NRS 155.010. Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.


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    Sec. 24.  NRS 146.080 is hereby amended to read as follows:

    146.080  1.  If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this state, and the gross value of the decedent’s property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, a person who has a right to succeed to the property of the decedent [under] pursuant to the laws of succession for a decedent who died intestate or [under] pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the state welfare administrator or public administrator on behalf of the state or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.

    2.  An affidavit made pursuant to this section must state:

    (a) The affiant’s name and address, and that the affiant is entitled by law to succeed to the property claimed;

    (b) [That the decedent was a resident of Nevada at the time of death;] The date and place of death of the decedent;

    (c) That the gross value of the decedent’s property in this state, except amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, and that the property does not include any real property nor interest therein, nor mortgage or lien thereon;

    (d) That at least 40 days have elapsed since the death of the decedent [;] , as shown in a certified copy of the certificate of death of the decedent attached to the affidavit;

    (e) That no petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

    (f) That all debts of the decedent, including funeral and burial expenses, and money owed to the department of human resources as a result of the payment of benefits for Medicaid, have been paid or provided for;

    (g) A description of the personal property and the portion claimed;

    (h) That the affiant has given written notice, by personal service or by certified mail, identifying the affiant’s claim and describing the property claimed, to every person whose right to succeed to the decedent’s property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;

    (i) That the affiant is personally entitled, or the department of human resources is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property; and

    (j) That the affiant acknowledges an understanding that filing a false affidavit constitutes a felony in this state.

    3.  If the affiant:

    (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives is subject to all debts of the decedent.


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    (b) Fails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.

    4.  A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon that information, and if the person relies in good faith, the person is immune from civil liability for actions based on that reliance.

    5.  Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:

    (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

    (b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.

    6.  If any property of the estate not exceeding $20,000 is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified [under] pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a petition, which may be ex parte, containing:

    (a) A specific description of all the property of the decedent.

    (b) A list of all the liens and mortgages of record at the date of the decedent’s death.

    (c) An estimate of the value of the property of the decedent.

    (d) The names, ages of any minors, and residences of the decedent’s heirs and devisees.

    (e) A request for the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed $20,000.

    (f) An attached copy of the executed affidavit made pursuant to subsection 2.

If the court finds that the gross value of the estate does not exceed $20,000 and the person requesting the transfer is entitled to it, the court may enter an order directing the transfer.

    Sec. 25.  NRS 147.110 is hereby amended to read as follows:

    147.110  1.  Within 15 days after the time for filing claims has expired, as provided in this chapter, the personal representative shall examine all claims filed and shall either endorse on each claim an allowance or rejection, with the day and the year thereof, or shall file a notice of allowance or rejection with the date and the year thereof, and the notice of allowance or rejection must be attached to the claim allowed or rejected and filed with the clerk.

    2.  If a personal representative refuses or neglects to endorse on a claim an allowance or rejection within 15 days, as specified in this section, or does not file a notice of allowance or rejection, the claim shall be deemed rejected, but the personal representative may, nevertheless, allow the claim at any time before the filing of the final account.

    3.  [If a claim is deemed rejected pursuant to subsection 2, the personal representative must, not more than 10 days after the rejection, provide written notice of the rejection by registered mail to all affected creditors.


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    4.]  A personal representative need not allow or reject a claim that was not timely filed unless the court otherwise orders.

    Sec. 26.  NRS 148.220 is hereby amended to read as follows:

    148.220  1.  Notice of the time and place of sale of real property must be published in a newspaper published in the county in which the property, or some portion of the property, is located, if there is one so published, and if not, then in such paper as the court directs, for 2 weeks, being three publications, 1 week apart, before the day of sale or, in the case of a private sale, before the day on or after which the sale is to be made. For good cause shown, the court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days.

    2.  If the personal representative is the sole devisee or heir of the estate, or if all devisees or heirs of the estate consent in writing, the court may waive the requirement of publication.

    3.  If it appears from the inventory and appraisement that the value of the property to be sold does not exceed $5,000, the personal representative may [dispense with] waive the requirement of publication and, in lieu thereof, post a notice of the time and place of sale in three of the most public places in the county in which the property, or some portion of the property, is located, for 2 weeks before the day of the sale or, in the case of a private sale, before the day on or after which the sale is to be made.

    [3.] 4.  The property proposed to be sold must be described with common certainty in the notice.

    Sec. 27.  Chapter 150 of NRS is hereby amended by adding thereto a new section to read as follows:

    Notwithstanding any other provision of this chapter, the court may waive the requirement of any accounting if all interested persons agree in writing to the waiver.

    Sec. 28.  NRS 150.180 is hereby amended to read as follows:

    150.180  1.  If a minor is interested in the estate who has no legally appointed guardian, the court may appoint a disinterested attorney to represent him who may contest the account as any other interested person might contest it.

    2.  The court may also appoint an attorney to represent unborn, incapacitated or absent heirs and devisees.

    3.  [All matters, including allowed claims not addressed in the settlement of any former account, or in entering an order of sale, may be contested by interested persons for cause shown.

    4.]  An attorney so appointed must be paid as provided in NRS 150.060.

    Sec. 29.  NRS 150.310 is hereby amended to read as follows:

    150.310  1.  If it appears upon any accounting, or in any appropriate action or proceeding, that a personal representative, trustee or other fiduciary has paid or may be required to pay an estate tax to the Federal Government under the provisions of any federal estate tax law, now existing or hereafter enacted, upon or with respect to any property required to be included in the gross estate of a decedent under the provisions of any such law, the amount of the tax must be equitably prorated among the persons interested in the estate, whether residents or nonresidents of this state, to whom the property was, is or may be transferred or to whom any benefit accrues, except:

    [1.] (a) Where a testator otherwise directs in his will.

    [2.] (b) Where by written instrument , including, without limitation, an electronic trust, executed inter vivos direction is given for apportionment among the beneficiaries of taxes assessed upon the specific fund dealt with in the instrument.


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among the beneficiaries of taxes assessed upon the specific fund dealt with in the instrument.

    2.  As used in this section, “electronic trust” has the meaning ascribed to it in section 38 of this act.

    Sec. 30.  NRS 155.190 is hereby amended to read as follows:

    155.190  In addition to any order from which an appeal is expressly permitted by this Title, an appeal may be taken to the supreme court within 30 days after [its entry from] the notice of entry of an order:

    1.  Granting or revoking letters testamentary or letters of administration.

    2.  Admitting a will to probate or revoking the probate thereof.

    3.  Setting aside an estate claimed not to exceed $50,000 in value.

    4.  Setting apart property as a homestead, or claimed to be exempt from execution.

    5.  Granting or modifying a family allowance.

    6.  Directing or authorizing the sale or conveyance or confirming the sale of property.

    7.  Settling an account of a personal representative or trustee.

    8.  Instructing or appointing a trustee.

    9.  Instructing or directing a personal representative.

    10.  Directing or allowing the payment of a debt, claim, devise or attorney’s fee.

    11.  Determining heirship or the persons to whom distribution must be made or trust property must pass.

    12.  Distributing property.

    13.  Refusing to make any order mentioned in this section or any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $5,000.

    14.  Granting or denying a motion to enforce the liability of a surety filed pursuant to NRS 142.035.

    15.  Granting an order for conveyance or transfer pursuant to NRS 148.410.

    Sec. 31.  NRS 53.045 is hereby amended to read as follows:

    53.045  [1.  Except as otherwise provided in subsection 2, any] Any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form:

    [(a)] 1.  If executed in this state: “I declare under penalty of perjury that the foregoing is true and correct.”

 

    Executed on .......................................           ............................................................

                                            (date)                                           (signature)

    [(b)] 2.  If executed outside this state: “I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.”

    Executed on .......................................           ............................................................

                                            (date)                                           (signature)

    [2.  This section does not dispense with a requirement of a witness to or the authentication of a signature, or the requirements of NRS 133.050 or a similar statute.]


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2001 Statutes of Nevada, Page 2350 (Chapter 458, SB 33)

 

    Sec. 32.  Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:

    As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will or instrument, the term includes an electronic will as defined in section 5 of this act and an electronic trust as defined in section 38 of this act.

    Sec. 33.  Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 34 to 40, inclusive, of this act.

    Sec. 34.  As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, trust or instrument to convey property, the term includes an electronic will as defined in section 5 of this act or an electronic trust as defined in section 38 of this act, as appropriate.

    Sec. 35.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 36 to 39, inclusive, of this act, have the meanings ascribed to them in those sections.

    Sec. 36.  “Electronic record” has the meaning ascribed to it in section 3 of this act.

    Sec. 37.  “Electronic signature” has the meaning ascribed to it in section 4 of this act.

    Sec. 38.  “Electronic trust” means a trust instrument that complies with the requirements of section 40 of this act.

    Sec. 39.  “Record” has the meaning ascribed to it in section 6 of this act.

    Sec. 40.  1.  An electronic trust is a trust instrument that:

    (a) Is written, created and stored in an electronic record;

    (b) Contains the electronic signature of the settlor; and

    (c) Meets the requirements set forth in this chapter for a valid trust.

    2.  An electronic trust shall be deemed to be executed in this state if the electronic trust is:

    (a) Transmitted to and maintained by a custodian designated in the trust instrument at his place of business in this state or at his residence in this state; or

    (b) Maintained by the settlor at his place of business in this state or at his residence in this state, or by the trustee at his place of business in this state or at his residence in this state.

    3.  The provisions of this section do not apply to a testamentary trust.

    Sec. 41.  NRS 163.008 is hereby amended to read as follows:

    163.008  1.  A trust created in relation to real property is not valid unless it is created by operation of law or is evidenced by:

    (a) A written instrument signed by the trustee, or by the agent of the trustee if he is authorized in writing to do so; or

    (b) A written instrument , including, without limitation, an electronic trust, conveying the trust property and signed by the settlor, or by the agent of the settlor if he is authorized in writing to do so.

    2.  Such a trust may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.

    Sec. 42.  NRS 163.260 is hereby amended to read as follows:

    163.260  1.  By an expressed intention of the testator or settlor [so] to do so contained in a will, or in an instrument in writing whereby a trust estate is created inter vivos, any or all of the powers or any portion thereof enumerated in NRS 163.265 to 163.410, inclusive, as they exist at the time [of the signing of the will by] that the testator signs the will or places his electronic signature on the will, if it is an electronic will, or at the time [of the signing by] that the first settlor [who] signs the trust instrument [,] or places his electronic signature on the trust instrument, if it is an electronic trust, may be, by appropriate reference made thereto, incorporated in such will or other written instrument, with the same effect as though such language were set forth verbatim in the instrument.


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2001 Statutes of Nevada, Page 2351 (Chapter 458, SB 33)

 

[of the signing of the will by] that the testator signs the will or places his electronic signature on the will, if it is an electronic will, or at the time [of the signing by] that the first settlor [who] signs the trust instrument [,] or places his electronic signature on the trust instrument, if it is an electronic trust, may be, by appropriate reference made thereto, incorporated in such will or other written instrument, with the same effect as though such language were set forth verbatim in the instrument. Incorporation of one or more of the powers contained in NRS 163.265 to 163.410, inclusive, by reference to the proper section shall be in addition to and not in limitation of the common law or statutory powers of the fiduciary.

    2.  A fiduciary shall not exercise any power or authority conferred as provided in NRS 163.260 to 163.410, inclusive, in such a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. “Tax” includes, but is not limited to, any federal income, gift, estate or inheritance tax.

    3.  This section does not prevent the incorporation of the powers enumerated in NRS 163.265 to 163.410, inclusive, in any other kind of instrument or agreement.

    4.  As used in this section, “electronic will” has the meaning ascribed to it in section 5 of this act.

    Sec. 43.  NRS 163.590 is hereby amended to read as follows:

    163.590  1.  [A] Whether or not the provisions relating to electronic trusts apply, a trust may refer to a written statement or list , including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the trust, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.

    2.  To be admissible as evidence of the intended disposition, the statement or list must contain:

    (a) The date of its execution.

    (b) A title indicating its purpose.

    (c) A reference to the trust to which it relates.

    (d) A reasonably certain description of the items to be disposed of and the beneficiaries.

    (e) The handwritten signature or electronic signature of the settlor.

    3.  The statement or list may be:

    (a) Referred to as a writing to be in existence at the death of the settlor.

    (b) Prepared before or after the execution of the trust instrument.

    (c) Altered by the settlor after its preparation.

    (d) A writing which has no significance apart from its affect upon the dispositions made by the trust.

    Sec. 44.  Chapter 164 of NRS is hereby amended by adding thereto a new section to read as follows:

    When not otherwise inconsistent with the provisions of chapters 162 to 167, inclusive, of NRS, all of the provisions of chapters 132, 153 and 155 of NRS regulating the matters of estates:

    1.  Apply to proceedings relating to trusts, as appropriate; or

    2.  May be applied to supplement the provisions of chapters 162 to 167, inclusive, of NRS.


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2001 Statutes of Nevada, Page 2352 (Chapter 458, SB 33)

 

    Sec. 45.  NRS 164.010 is hereby amended to read as follows:

    164.010  1.  Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of a settlor or beneficiary of the trust, the district court of the county in which the trustee resides or conducts business, or in which the trust has been domiciled, shall consider the application to confirm the appointment of the trustee and specify the manner in which the trustee must qualify. Thereafter the court has jurisdiction of the trust as a proceeding in rem.

    2.  If the court grants the petition, it may consider at the same time any petition for instructions filed with the petition for confirmation.

    3.  At any time, the trustee may petition the court for removal of the trust from continuing jurisdiction of the court.

    4.  As used in this section, “written instrument” includes, without limitation, an electronic trust as defined in section 38 of this act.

    Sec. 46.  NRS 164.025 is hereby amended to read as follows:

    164.025  1.  The trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy of the notice to known or readily ascertainable creditors.

    2.  The notice must be in substantially the following form:

 

NOTICE TO CREDITORS

 

    Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. ................, the settlor of that trust died on ................. A creditor having a claim against the trust estate must file his claim with the undersigned at the address given below within 90 days after the first publication of this notice.

 

    Dated................................

   

                                                                                               Trustee

   

                                                                                               Address

 

    3.  A person having a claim, due or to become due, against a settlor or the trust must file the claim with the trustee within 90 days after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors. Any claim against the trust estate not filed within that time is forever barred. After the expiration of the time, the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor who has failed to file a claim with the trustee.

    4.  If the trustee knows or has reason to believe that the settlor received public assistance during his lifetime, the trustee shall, whether or not he gives notice to other creditors, give notice within 30 days after the death to the welfare division of the department of human resources in the manner provided in NRS 155.010. If notice to the welfare division is required by this subsection , but is not given, the trust estate and any assets transferred to a beneficiary remain subject to the right of the welfare division to recover public assistance received.

    5.  If a claim is rejected by the trustee, in whole or in part, the trustee must, within 10 days of the rejection, notify the claimant of the rejection by written notice forwarded by registered or certified mail to the mailing address of the claimant.


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2001 Statutes of Nevada, Page 2353 (Chapter 458, SB 33)

 

written notice forwarded by registered or certified mail to the mailing address of the claimant. The claimant must bring suit in the proper court against the trustee within 60 days after the notice is given, whether the claim is due or not, or the claim is barred forever and the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor whose claim is barred forever.

    Sec. 47.  Chapter 166 of NRS is hereby amended by adding thereto a new section to read as follows:

    As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, trust or instrument, the term includes an electronic will as defined in section 5 of this act and an electronic trust as defined in section 38 of this act.

    Sec. 48.  NRS 145.050 is hereby repealed.

________

 

CHAPTER 459, SB 139

Senate Bill No. 139–Committee on Finance

 

CHAPTER 459

 

AN ACT relating to the administration of the courts; revising the manner in which administrative assessments are distributed to the office of the court administrator; requiring the reduction of appropriations made to the supreme court from the state general fund upon the receipt of certain money from those assessments; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 176.059 is hereby amended to read as follows:

    176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 

Fine                                                                                                                                                   Assessment

$5 to $49...................................................................................................................................................... $15

50 to 59........................................................................................................................................................... 30

60 to 69........................................................................................................................................................... 35

70 to 79........................................................................................................................................................... 40

80 to 89........................................................................................................................................................... 45

90 to 99........................................................................................................................................................... 50

100 to 199...................................................................................................................................................... 60

200 to 299...................................................................................................................................................... 70

300 to 399...................................................................................................................................................... 80

400 to 499...................................................................................................................................................... 90

500 to 1,000................................................................................................................................................. 105

 

    2.  The provisions of subsection 1 do not apply to:

    (a) An ordinance regulating metered parking; or


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2001 Statutes of Nevada, Page 2354 (Chapter 459, SB 139)

 

    (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

    3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

    4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

    5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

    6.  The money collected for administrative assessments in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.


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2001 Statutes of Nevada, Page 2355 (Chapter 459, SB 139)

 

court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the justices’ courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

    7.  The money apportioned to a juvenile court, a justice’s court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

    (a) Training and education of personnel;

    (b) Acquisition of capital goods;

    (c) Management and operational studies; or

    (d) Audits.

    8.  Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received [, to the extent of legislative authorization,] to the following public agencies in the following manner:

    (a) Not less than 51 percent [must be distributed] to the office of the court administrator for allocation as follows:

         (1) Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.

         (2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.

         (3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.

         (4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.

         (5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.

    (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

         (1) The central repository for Nevada records of criminal history;

         (2) The peace officers’ standards and training commission;

         (3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement;

         (4) The fund for the compensation of victims of crime; and

         (5) The advisory council for prosecuting attorneys.

    9.  As used in this section, “juvenile court” means:

    (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

    (b) In any other judicial district, the juvenile division of the district court.


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2001 Statutes of Nevada, Page 2356 (Chapter 459, SB 139)

 

    Sec. 2.  Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Any amount appropriated by the legislature from the state general fund for the support or operation of the supreme court during a fiscal year must be reduced to the extent that the amount of any administrative assessments distributed to the office of the court administrator for allocation to the supreme court pursuant to NRS 176.059 exceeds the amount which is authorized by the legislature for expenditure from those assessments for that fiscal year.

    2.  The supreme court shall reserve for reversion each fiscal year the amount by which an appropriation from the state general fund must be reduced pursuant to subsection 1, and that amount reverts to the state general fund upon the close of that fiscal year by the state controller.

    Sec. 3.  1.  This section and section 2 of this act become effective on July 1, 2001.

    2.  Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.

________

 

CHAPTER 460, SB 194

Senate Bill No. 194–Committee on Judiciary

 

CHAPTER 460

 

AN ACT relating to supervision; ratifying the Interstate Compact for Adult Offender Supervision; renouncing the Interstate Compact for the Supervision of Parolees and Probationers and repealing the provisions relating thereto; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

    The Interstate Compact for Adult Offender Supervision is hereby ratified, enacted into law and entered into with all jurisdictions legally joining in the Compact, in substantially the form set forth in this section:

 

ARTICLE I. PURPOSE

 

    (1) The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions.

    (2) The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.


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2001 Statutes of Nevada, Page 2357 (Chapter 460, SB 194)

 

    (3) It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community, to provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states, and to equitably distribute the costs, benefits and obligations of the compact among the compacting states.

    (4) In addition, this compact will create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact, ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines, establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators, monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance, and coordinate training and education regarding regulation of interstate movement of offenders for officials involved in such activity.

    (5) The compacting states recognize that there is no right of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder.

    (6) It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.

 

ARTICLE II. DEFINITIONS

 

    As used in this compact, unless the context clearly requires a different construction:

    (1) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.

    (2) “Bylaws” means those bylaws established by the Interstate Commission for its governance or for directing or controlling the Interstate Commission’s actions or conduct.

    (3) “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.

    (4) “Compacting state” means any state which has enacted the enabling legislation for this compact.


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2001 Statutes of Nevada, Page 2358 (Chapter 460, SB 194)

 

    (5) “Commissioner” means the voting representative of each compacting state appointed pursuant to Article IV of this compact.

    (6) “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this compact.

    (7) “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.

    (8) “Noncompacting state” means any state which has not enacted the enabling legislation for this compact.

    (9) “Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.

    (10) “Person” means any individual, corporation, business enterprise, or other legal entity, either public or private.

    (11) “Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.

    (12) “State” means a state of the United States, the District of Columbia and any other territorial possession of the United States.

    (13) “State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article IV of this compact.

 

ARTICLE III. THE COMPACT COMMISSION

 

    (1) The compacting states hereby create the “Interstate Commission for Adult Offender Supervision.” The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

    (2) The Interstate Commission shall consist of commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio, nonvoting members. The Interstate Commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.

    (3) Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.


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2001 Statutes of Nevada, Page 2359 (Chapter 460, SB 194)

 

    (4) The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings, and meetings shall be open to the public.

    (5) The Interstate Commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and Interstate Commission staff, administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the Interstate Commission and performs other duties as directed by the Interstate Commission or set forth in the bylaws.

 

ARTICLE IV. THE STATE COUNCIL

 

    (1) The Nevada State Council for Interstate Adult Offender Supervision is hereby created. The Nevada State Council for Interstate Adult Offender Supervision consists of the following seven members:

    (a) The compact administrator, appointed by the governor, who shall serve as chairman and as commissioner to the Interstate Commission for this state;

    (b) Three members appointed by the governor, one of whom must be a representative of an organization supporting the rights of victims of crime;

    (c) One member of the senate, appointed by the majority leader of the senate;

    (d) One member of the assembly, appointed by the speaker of the assembly; and

    (e) One member who is a district judge, appointed by the chief justice of the supreme court of Nevada.

    (2) The members of the Nevada State Council for Interstate Adult Offender Supervision serve at the pleasure of the persons who appointed them.

    (3) The legislators who are members of the Nevada State Council for Interstate Adult Offender Supervision are entitled to receive the salary provided for a majority of the members of the legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Nevada State Council for Interstate Adult Offender Supervision.

    (4) While engaged in the business of the commission, each member of the Nevada State Council for Interstate Adult Offender Supervision is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

    (5) The Nevada State Council for Interstate Adult Offender Supervision shall develop policies concerning the operation of the compact within this state and shall exercise oversight and advocacy concerning its participation in activities of the Interstate Commission.

 


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2001 Statutes of Nevada, Page 2360 (Chapter 460, SB 194)

 

ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

 

    The Interstate Commission shall have the following powers:

    (1) To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission.

    (2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

    (3) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission.

    (4) To enforce compliance with compact provisions, Interstate Commission rules and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.

    (5) To establish and maintain offices.

    (6) To purchase and maintain insurance and bonds.

    (7) To borrow, accept or contract for services of personnel, including, but not limited to, members and their staffs.

    (8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions, including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

    (9) To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.

    (10) To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of same.

    (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

    (12) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

    (13) To establish a budget and make expenditures and levy dues as provided in Article X of this compact.

    (14) To sue and be sued.

    (15) To provide for dispute resolution among compacting states.

    (16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

    (17) To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

    (18) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity.

    (19) To establish uniform standards for the reporting, collecting and exchanging of data.

 


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2001 Statutes of Nevada, Page 2361 (Chapter 460, SB 194)

 

ARTICLE VI. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

 

Section A. Bylaws

 

    (1) The Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

    (a) Establishing the fiscal year of the Interstate Commission.

    (b) Establishing an executive committee and such other committees as may be necessary.

    (c) Providing reasonable standards and procedures for:

         (i) The establishment of committees; and

         (ii) Governing any general or specific delegation of any authority or function of the Interstate Commission.

    (d) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting.

    (e) Establishing the titles and responsibilities of the officers of the Interstate Commission.

    (f) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission.

    (g) Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations.

    (h) Providing transition rules for “start up” administration of the compact.

    (i) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

 

Section B. Officers and Staff

 

    (2) The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in his absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

    (3) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.


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2001 Statutes of Nevada, Page 2362 (Chapter 460, SB 194)

 

the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.

 

Section C. Corporate Records of the Interstate Commission

 

    (4) The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.

 

Section D. Qualified Immunity, Defense and Indemnification

 

    (5) The members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

    (6) The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commission’s representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

    (7) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

 

ARTICLE VII. ACTIVITIES OF THE INTERSTATE COMMISSION

 

    (1) The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact.

    (2) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.


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2001 Statutes of Nevada, Page 2363 (Chapter 460, SB 194)

 

    (3) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.

    (4) The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

    (5) The Interstate Commission’s bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

    (6) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the “Government in Sunshine Act,” 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:

    (a) Relate solely to the Interstate Commission’s internal personnel practices and procedures.

    (b) Disclose matters specifically exempted from disclosure by statute.

    (c) Disclose trade secrets or commercial or financial information which is privileged or confidential.

    (d) Involve accusing any person of a crime or formally censuring any person.

    (e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

    (f) Disclose investigatory records compiled for law enforcement purposes.

    (g) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity.


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2001 Statutes of Nevada, Page 2364 (Chapter 460, SB 194)

 

    (h) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity.

    (i) Specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or proceeding.

For every meeting closed pursuant to this provision, the Interstate Commission’s chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision.

    (7) The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

    (8) The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.

 

ARTICLE VIII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

 

    (1) The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

    (2) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C. Section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. App. 2, Section 1 et seq., as may be amended (hereinafter “APA”).

    (3) All rules and amendments shall become binding as of the date specified in each rule or amendment.

    (4) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

    (5) When promulgating a rule, the Interstate Commission shall:

    (a) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule.

    (b) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available.

    (c) Provide an opportunity for an informal hearing.

    (d) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.

    (6) Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.


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2001 Statutes of Nevada, Page 2365 (Chapter 460, SB 194)

 

the court finds that the Interstate Commission’s action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.

    (7) Subjects to be addressed within 12 months after the first meeting must at a minimum include:

    (a) Notice to victims and opportunity to be heard.

    (b) Offender registration and compliance.

    (c) Violations/returns.

    (d) Transfer procedures and forms.

    (e) Eligibility for transfer.

    (f) Collection of restitution and fees from offenders.

    (g) Data collection and reporting.

    (h) The level of supervision to be provided by the receiving state.

    (i) Transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact.

    (j) Mediation, arbitration and dispute resolution.

    (8) The existing rules governing the operation of the previous compact superseded by this act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.

    (9) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption; provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.

 

ARTICLE IX. OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

 

Section A. Oversight

 

    (1) The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.

    (2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

 

Section B. Dispute Resolution

 

    (3) The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.


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2001 Statutes of Nevada, Page 2366 (Chapter 460, SB 194)

 

    (4) The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.

    (5) The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

 

Section C. Enforcement

 

    (6) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII, Section B, of this compact.

 

ARTICLE X. FINANCE

 

    (1) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

    (2) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.

    (3) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

    (4) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

 

ARTICLE XI. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

 

    (1) Any state, as defined in Article II of this compact, is eligible to become a compacting state.

    (2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.


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2001 Statutes of Nevada, Page 2367 (Chapter 460, SB 194)

 

designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.

    (3) Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

 

ARTICLE XII. WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

 

Section A. Withdrawal

 

    (1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact (“withdrawing state”) by enacting a statute specifically repealing the statute which enacted the compact into law. The effective date of withdrawal is the effective date of the repeal.

    (2) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.

    (3) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extends beyond the effective date of withdrawal.

    (4) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

 

Section B. Default

 

    (5) If the Interstate Commission determines that any compacting state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

    (a) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission.

    (b) Remedial training and technical assistance as directed by the Interstate Commission.

    (c) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the State Council.


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2001 Statutes of Nevada, Page 2368 (Chapter 460, SB 194)

 

    (6) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission bylaws or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension.

    (7) Within 60 days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state’s legislature and the State Council of such termination.

    (8) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including any obligations, the performance of which extends beyond the effective date of termination.

    (9) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state.

    (10) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

 

Section C. Judicial Enforcement

 

    (11) The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.

 

Section D. Dissolution of Compact

 

    (12) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

 


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2001 Statutes of Nevada, Page 2369 (Chapter 460, SB 194)

 

ARTICLE XIII. SEVERABILITY AND CONSTRUCTION

 

    (1) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

    (2) The provisions of this compact shall be liberally construed to effectuate its purposes.

 

ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS

 

Section A. Other Laws

 

    (1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

    (2) The laws of this state, other than the constitution of the State of Nevada, that conflict with this compact are superseded to the extent of the conflict.

 

Section B. Binding Effect of the Compact

 

    (3) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.

    (4) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.

    (5) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

    (6) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

    (7) This state is bound by the bylaws and rules promulgated under this compact only to the extent that the operation of the bylaws and rules does not impose an obligation exceeding any limitation on state power or authority contained in the constitution of the State of Nevada as interpreted by the courts of this state.

    Sec. 2.  NRS 213.15103 is hereby amended to read as follows:

    213.15103  1.  If a parolee is incarcerated in a county jail for a violation of a condition of his parole or because his residential confinement is terminated pursuant to NRS 213.15198, the sheriff of that county shall notify the chief. If there are no other criminal charges pending or warrants outstanding for the parolee, the division shall take custody of the parolee within:


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2001 Statutes of Nevada, Page 2370 (Chapter 460, SB 194)

 

    (a) Five working days after the inquiry held pursuant to NRS 213.1511 is conducted.

    (b) Five working days after receiving notice from the sheriff if the parolee was paroled by another state and is under supervision in this state pursuant to [NRS 213.180 to 213.210, inclusive.] section 1 of this act.

    2.  If the division fails to take custody of a parolee within the time required by subsection 1, the division shall reimburse the county in which the jail is situated, at a daily rate to be determined by the board of county commissioners for that county, for the cost of housing the parolee each day the parolee is incarcerated in the jail. If the division does not certify in writing within:

    (a) Five working days after the inquiry held pursuant to NRS 213.1511 is conducted; or

    (b) Five working days after receiving notice from the sheriff if the parolee was paroled by another state and is under supervision in this state pursuant to [NRS 213.180 to 213.210, inclusive,] section 1 of this act,

that continued incarceration of the parolee is necessary, the sheriff may, if there are no other criminal charges pending or warrants outstanding for the parolee, release him from custody.

    3.  The provisions of this section do not apply if the division has entered into an agreement with a county that provides otherwise.

    Sec. 3.  NRS 213.1517 is hereby amended to read as follows:

    213.1517  1.  Where the inquiring officer has determined that there is probable cause for a hearing by the board, the chief may, after consideration of the case and pending the next meeting of the board:

    (a) Release the arrested parolee again upon parole;

    (b) Order the parolee to be placed in residential confinement in accordance with the provisions of NRS 213.15193, 213.15195 and 213.15198; or

    (c) Suspend his parole and return him to confinement.

    2.  The chief shall take whichever action under subsection 1 he deems appropriate within:

    (a) Fifteen days if the prisoner was paroled by the board.

    (b) Thirty days if the prisoner was paroled by the authority of another state and is under supervision in this state pursuant to [NRS 213.180 to 213.210, inclusive.] section 1 of this act. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.

    3.  If a determination has been made that probable cause exists for the continued detention of a paroled prisoner, the board shall consider the prisoner’s case within 60 days after his return to the custody of the department of prisons or his placement in residential confinement pursuant to subsection 1.

    Sec. 4.  NRS 213.180, 213.185, 213.190, 213.200 and 213.210 are hereby repealed.

    Sec. 5.  This act becomes effective:

    1.  On July 1, 2001; or

    2.  Upon enactment of the Interstate Compact for Adult Offender Supervision into law by the 35th jurisdiction,

whichever is later.

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2001 Statutes of Nevada, Page 2371

 

CHAPTER 461, SB 207

Senate Bill No. 207–Committee on Human Resources and Facilities

 

CHAPTER 461

 

AN ACT relating to public welfare; requiring the department of human resources to establish, upon approval of the interim finance committee, a program for the provision of medical assistance to certain working persons with disabilities; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Upon approval of the interim finance committee, the director, through the division of health care financing and policy, shall establish a program for the provision of medical assistance to certain persons who are employed and have disabilities. The director shall establish the program by:

    (a) Amending the state plan for Medicaid in the manner set forth in 42 U.S.C. ง 1396a(a)(10)(A)(ii)(XIII);

    (b) Amending the state plan for Medicaid in the manner set forth in 42 U.S.C. ง 1396a(a)(10)(A)(ii)(XV); or

    (c) Obtaining a Medicaid waiver from the federal government to carry out the program.

    2.  The director may require a person participating in a program established pursuant to subsection 1 to pay a premium or other cost-sharing charges in a manner that is consistent with federal law.

    Sec. 2.  NRS 232.320 is hereby amended to read as follows:

    232.320  1.  Except as otherwise provided in subsection 2, the director:

    (a) Shall appoint, with the consent of the governor, administrators of the divisions of the department, who are respectively designated as follows:

         (1) The administrator of the aging services division;

         (2) The administrator of the health division;

         (3) The state welfare administrator;

         (4) The administrator of the division of child and family services; and

         (5) The administrator of the division of health care financing and policy.

    (b) Shall administer, through the divisions of the department, the provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.


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2001 Statutes of Nevada, Page 2372 (Chapter 461, SB 207)

 

    (c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:

         (1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;

         (2) Set forth priorities for the provision of those services;

         (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;

         (4) Identify the sources of funding for services provided by the department and the allocation of that funding;

         (5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and

         (6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.

    (d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.

    (e) Has such other powers and duties as are provided by law.

    2.  The governor shall appoint the administrator of the division of mental health and developmental services.

    Sec. 3.  The director of the department of human resources shall submit a proposal for a program to be established pursuant to section 1 of this act to the interim finance committee for its approval at its first meeting after March 1, 2002. The proposal must be designed, to the extent practicable, to:

    1.  Require no funding from the state general fund; and

    2.  If approved by the interim finance committee, begin operating based on a schedule to develop and carry out the program that is agreed upon by the department of human resources, the interim finance committee and the Federal Government.

    Sec. 4.  This act becomes effective on July 1, 2001.

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2001 Statutes of Nevada, Page 2373

 

CHAPTER 462, SB 232

Senate Bill No. 232–Committee on Judiciary

 

CHAPTER 462

 

AN ACT relating to juvenile justice; providing for the collection of information on the economic background of each child referred to the system of juvenile justice; requiring each local juvenile probation department to determine whether children of racial or ethnic minorities and children from economically disadvantaged homes are receiving disparate treatment in the system of juvenile justice; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 62.910 is hereby amended to read as follows:

    62.910  1.  The division [of child and family services of the department of human resources] shall establish a standardized system for the reporting, collection, analysis, maintenance and retrieval of information concerning juvenile justice in this state. The division is responsible for the retrieval and analysis of the categories of information contained in the standardized system and the development of any reports from that information.

    2.  Except as otherwise provided in subsection 4, the standardized system must collect, categorize and maintain the following information from the juvenile courts, local juvenile probation departments, and the staff of the youth correctional services , as directed by the department , [of human resources,] regarding each child referred to the system of juvenile justice in this state:

    (a) A unique number assigned to the child for identification;

    (b) Basic demographic information regarding the child, including, without limitation:

         (1) The age, sex and race or other ethnic background of the child; [and]

         (2) The composition of the household in which the child resides; and

         (3) The economic background of the child;

    (c) The charges for which the child is referred;

    (d) The dates of any detention of the child;

    (e) The nature of the disposition of each referral of the child;

    (f) The dates any petitions are filed regarding the child, and the charges set forth in those petitions; and

    (g) The disposition of any petitions filed regarding the child, including any applicable findings.

    3.  In addition to the information required pursuant to subsection 2 and except as otherwise provided in subsection 4, the department [of human resources] shall require the staff of the youth correctional services to collect and transmit the following information to the standardized system regarding each child committed to or otherwise placed in the custody of the division : [of child and family services:]

    (a) A record of each placement of the child, including, without limitation, the period of each placement and the services provided to the child during each placement;

    (b) The dates of each release of the child, including any release of the child on parole;


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2001 Statutes of Nevada, Page 2374 (Chapter 462, SB 232)

 

    (c) If the child is released on parole, the period of each release and the services provided to the child during each release; and

    (d) The nature of or reason for each discharge of the child from the custody of the division . [of child and family services.]

    4.  The information maintained in the standardized system must not include the name or address of any person.

    5.  The division [of child and family services] shall adopt such regulations as are necessary to carry out the provisions of this section, including requirements for the transmittal of information required from the juvenile courts, local juvenile probation departments, and the staff of the youth correctional services , as directed by the department , [of human resources,] to the standardized system.

    6.  Each juvenile court and local juvenile probation department, and the staff of the youth correctional services as directed by the department , [of human resources,] shall comply with the regulations adopted pursuant to subsection 5.

    7.  On or before January 31 of each year, each local juvenile probation department shall:

    (a) Analyze the information it submitted to the standardized system during the previous year pursuant to this section to determine whether children of racial or ethnic minorities and children from economically disadvantaged homes are receiving disparate treatment in the system of juvenile justice in comparison to the general population;

    (b) As necessary, develop appropriate recommendations to address any such disparate treatment; and

    (c) Prepare and submit to the division a report which includes the results of the analysis it conducted pursuant to paragraph (a) and any recommendations it developed pursuant to paragraph (b).

    8.  The division shall annually compile the reports it receives pursuant to subsection 7 and publish a document which includes a compilation of the reports.

    9.  As used in this section:

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

    (b) “Division” means the division of child and family services of the department.

________

 

CHAPTER 463, SB 321

Senate Bill No. 321–Senator McGinness

 

CHAPTER 463

 

AN ACT relating to public welfare; requiring the state controller to transfer a certain amount of money from the intergovernmental transfer account in the state general fund to the fund for the institutional care of the medically indigent; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  The state controller shall, as soon as practicable after June 30, 2001, transfer the sum of $500,000 from the intergovernmental transfer account in the state general fund to the fund for the institutional care of the medically indigent created by NRS 428.470.


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2001 Statutes of Nevada, Page 2375 (Chapter 463, SB 321)

 

transfer account in the state general fund to the fund for the institutional care of the medically indigent created by NRS 428.470.

    2.  The money transferred pursuant to subsection 1 may be used to provide assistance to a county for a payment required by an interlocal agreement that became due during the fiscal year 2000-2001.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 464, SB 356

Senate Bill No. 356–Senator O’Connell

 

CHAPTER 464

 

AN ACT relating to the secretary of state; requiring the secretary of state to post a notice advising customers to review the documents on file at the office of the secretary of state for content, completeness and accuracy and indicating the penalty for knowingly offering any false or forged instrument for filing; authorizing the secretary of state to adopt regulations to prevent the filing of false or forged documents; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 225 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The secretary of state shall prominently post the following notice at each office and each location on his Internet website at which documents are accepted for filing:

 

The Secretary of State is not responsible for the content, completeness or accuracy of any document filed in this office. Customers should periodically review the documents on file in this office to ensure that the documents pertaining to them are complete and accurate.

 

Pursuant to NRS 239.330, any person who knowingly offers any false or forged instrument for filing in this office is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and may be further punished by a fine of not more than $10,000. Additionally, any person who knowingly offers any false or forged instrument for filing in this office may also be subject to civil liability.

 

    2.  The secretary of state may adopt regulations prescribing procedures to prevent the filing of false or forged documents in his office.

    Sec. 2.  This act becomes effective upon passage and approval.

________

 


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2001 Statutes of Nevada, Page 2376

 

CHAPTER 465, SB 402

Senate Bill No. 402–Senators Rawson, Amodei, Care, Mathews, McGinness, Neal, O’Donnell, Schneider, Shaffer, Titus, Washington and Wiener

 

CHAPTER 465

 

AN ACT relating to health care; expanding the authority of the legislative committee on health care to review certain issues relating to long-term care; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

    Whereas, The requirement that persons in this state impoverish themselves to become eligible for long-term care benefits places many persons in need of long-term care in a very difficult situation when determining how to receive the health care services that they need to survive; and

    Whereas, The growing number of persons in need of long-term care is of grave concern to the legislature; and

    Whereas, Issues relating to long-term care would be most appropriately reviewed by a permanent task force; and

    Whereas, Until such a task force is established, those issues would be most appropriately reviewed by the legislative committee on health care; now therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 439B.220 is hereby amended to read as follows:

    439B.220  The committee may:

    1.  Review and evaluate the quality and effectiveness of programs for the prevention of illness.

    2.  Review and compare the costs of medical care among communities in Nevada with similar communities in other states.

    3.  Analyze the overall system of medical care in the state to determine ways to coordinate the providing of services to all members of society, avoid the duplication of services and achieve the most efficient use of all available resources.

    4.  Examine the business of providing insurance, including the development of cooperation with health maintenance organizations and organizations which restrict the performance of medical services to certain physicians and hospitals, and procedures to contain the costs of these services.

    5.  Examine hospitals to:

    (a) Increase cooperation among hospitals;

    (b) Increase the use of regional medical centers; and

    (c) Encourage hospitals to use medical procedures which do not require the patient to be admitted to the hospital and to use the resulting extra space in alternative ways.

    6.  Examine medical malpractice.

    7.  Examine the system of education to coordinate:

    (a) Programs in health education, including those for the prevention of illness and those which teach the best use of available medical services; and

    (b) The education of those who provide medical care.


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2001 Statutes of Nevada, Page 2377 (Chapter 465, SB 402)

 

    8.  Review competitive mechanisms to aid in the reduction of the costs of medical care.

    9.  Examine the problem of providing and paying for medical care for indigent and medically indigent persons, including medical care provided by physicians.

    10.  Examine the effectiveness of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services, and its effect on the subjects listed in subsections 1 to 9, inclusive.

    11.  Determine whether regulation by the state will be necessary in the future by examining hospitals for evidence of:

    (a) Degradation or discontinuation of services previously offered, including without limitation, neonatal care, pulmonary services and pathology services; or

    (b) A change in the policy of the hospital concerning contracts,

as a result of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services.

    12.  Study the effect of the acuity of the care provided by a hospital upon the revenues of hospital and upon limitations upon that revenue.

    13.  Review the actions of the director in administering the provisions of this chapter and adopting regulations pursuant to those provisions. The director shall report to the committee concerning any regulations proposed or adopted pursuant to this chapter.

    14.  Identify and evaluate, with the assistance of an advisory group, the alternatives to institutionalization for providing long-term care, including, without limitation:

    (a) An analysis of the costs of the alternatives to institutionalization and the costs of institutionalization for persons receiving long-term care in this state;

    (b) A determination of the effects of the various methods of providing long-term care services on the quality of life of persons receiving those services in this state;

    (c) A determination of the personnel required for each method of providing long-term care services in this state; and

    (d) A determination of the methods for funding the long-term care services provided to all persons who are receiving or who are eligible to receive those services in this state.

    15.  Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to integrate and coordinate acute care services provided through Medicare and long-term care services provided through Medicaid in this state.

    16.  Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to eliminate the requirement that elderly persons in this state impoverish themselves as a condition of receiving assistance for long-term care.

    17.  Conduct investigations and hold hearings in connection with its review and analysis.

    [15.] 18.  Apply for any available grants and accept any gifts, grants or donations to aid the committee in carrying out its duties pursuant to this chapter.

    [16.] 19.  Direct the legislative counsel bureau to assist in its research, investigations, review and analysis.


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2001 Statutes of Nevada, Page 2378 (Chapter 465, SB 402)

 

    [17.] 20.  Recommend to the legislature as a result of its review any appropriate legislation.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 466, SB 431

Senate Bill No. 431–Committee on Finance

 

CHAPTER 466

 

AN ACT making an appropriation to the Department of Museums, Library and Arts for grants for library collections and equipment requirements; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 Museums, Library and Arts the sum of $1,241,690 for grants for library collections and equipment requirements.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 467, SB 432

Senate Bill No. 432–Committee on Finance

 

CHAPTER 467

 

AN ACT making an appropriation to the Department of Museums, Library and Arts for the purchase of computer software and equipment; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 Museums, Library and Arts the sum of $137,518 for the purchase of computer software and equipment.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 


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2001 Statutes of Nevada, Page 2379

 

CHAPTER 468, SB 435

Senate Bill No. 435–Committee on Finance

 

CHAPTER 468

 

AN ACT making an appropriation to the Division of Mental Health and Developmental Services of the Department of Human Resources for new and replacement equipment, maintenance, and new and replacement computer hardware and software at the Nevada Mental Health Institute; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 Division of Mental Health and Developmental Services of the Department of Human Resources the sum of $439,828 for new and replacement equipment, maintenance, and new and replacement computer hardware and software at the Nevada Mental Health Institute.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 469, SB 436

Senate Bill No. 436–Committee on Finance

 

CHAPTER 469

 

AN ACT making an appropriation to the Department of Human Resources for new and replacement equipment, operating expenses, and new and replacement computer hardware and software for the Rural Regional Center of the Division of Mental Health and Developmental Services; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 Human Resources the sum of $33,391 for new and replacement equipment, operating expenses and new and replacement computer hardware and software for the Rural Regional Center of the Division of Mental Health and Developmental Services to be distributed as follows:

1.  For new and replacement equipment........................................................................................ $24,503

2.  For operating expenses for fiscal year 2001-2002..................................................................   $4,444

3.  For operating expenses for fiscal year 2002-2003..................................................................   $4,444


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2001 Statutes of Nevada, Page 2380 (Chapter 469, SB 436)

 

    Sec. 2.  1.  Any remaining balance of the appropriation made by subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    2.  Any remaining balance of the appropriation made by subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.

    3.  Any remaining balance of the appropriation made by subsection 3 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  1.  This section and subsection 1 of section 1 of this act become effective upon passage and approval.

    2.  Subsection 2 of section 1 of this act becomes effective on July 1, 2001.

    3.  Subsection 3 of section 1 of this act becomes effective on July 1, 2002.

________

 

CHAPTER 470, SB 437

Senate Bill No. 437–Committee on Finance

 

CHAPTER 470

 

AN ACT making an appropriation to the National Judicial College to assist in securing public and private grants and other funding for support during the 2001-2003 biennium; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 National Judicial College the sum of $450,000 to assist in securing public and private grants and other funding for support during the 2001-2003 biennium.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 


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2001 Statutes of Nevada, Page 2381

 

CHAPTER 471, SB 438

Senate Bill No. 438–Committee on Finance

 

CHAPTER 471

 

AN ACT making an appropriation to the Louis W. McHardy National College of Juvenile and Family Justice to assist in securing public and private grants and other funding for support during the 2001-2003 biennium; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 Louis W. McHardy National College of Juvenile and Family Justice the sum of $250,000 to assist in securing public and private grants and other funding for support during the 2001-2003 biennium.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 472, SB 439

Senate Bill No. 439–Committee on Finance

 

CHAPTER 472

 

AN ACT making an appropriation to the Division of Mental Health and Developmental Services of the Department of Human Resources for new and replacement equipment and computer hardware and software at the Desert Regional Center; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 Division of Mental Health and Developmental Services of the Department of Human Resources the sum of $160,581 for new and replacement equipment and computer hardware and software at the Desert Regional Center.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 


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2001 Statutes of Nevada, Page 2382

 

CHAPTER 473, SB 440

Senate Bill No. 440–Committee on Finance

 

CHAPTER 473

 

AN ACT making an appropriation to the Division of Mental Health and Developmental Services of the Department of Human Resources for new and replacement equipment and computer hardware and software at the Sierra Regional Center; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 Division of Mental Health and Developmental Services of the Department of Human Resources the sum of $120,512 for new and replacement equipment and computer hardware and software at the Sierra Regional Center.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 474, SB 441

Senate Bill No. 441–Committee on Finance

 

CHAPTER 474

 

AN ACT making an appropriation to the Department of Human Resources for new and replacement equipment and computer hardware and software at the Rural Clinics; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 Human Resources the sum of $163,524 for new and replacement equipment and computer hardware and software at the Rural Clinics to be distributed as follows:

1.  For equipment ............................................................................................................................. $154,644

2.  For operating expenses for fiscal year 2001-2002 ................................................................... $4,440

3.  For operating expenses for fiscal year 2002-2003 ................................................................... $4,440

    Sec. 2.  1.  Any remaining balance of the appropriation made by subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.


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2001 Statutes of Nevada, Page 2383 (Chapter 474, SB 441)

 

    2.  Any remaining balance of the appropriation made by subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.

    3.  Any remaining balance of the appropriation made by subsection 3 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  1.  This section and subsection 1 of section 1 of this act become effective upon passage and approval.

    2.  Subsection 2 of section 1 of this act becomes effective on July 1, 2001.

    3.  Subsection 3 of section 1 of this act becomes effective on July 1, 2002.

________

 

CHAPTER 475, SB 448

Senate Bill No. 448–Committee on Finance

 

CHAPTER 475

 

AN ACT relating to recreation; revising the particular purposes and extending the periods for the expenditure of certain money previously appropriated to the Division of State Parks of the State Department of Conservation and Natural Resources for park improvement projects; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Section 3 of chapter 201, Statutes of Nevada 1995, as last amended by section 2 of chapter 567, Statutes of Nevada 1999, at page 2972, is hereby amended to read as follows:

    Sec. 3.  The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the division of state parks of the state department of conservation and natural resources for the purposes set forth:

    1.  In paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of section 2 of chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 1996-97;

    2.  In paragraphs (f) and (g) of subsection 1 of section 2 of chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 1998-99; [and]

    3.  In paragraphs [(a),] (c) and (d) of subsection 1 of section 2 of chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 2000-01 [.] ; and

    4.  In paragraph (a) of subsection 1 of section 2 of chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 2002-03.


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2001 Statutes of Nevada, Page 2384 (Chapter 475, SB 448)

 

    Sec. 2.  Section 5 of chapter 201, Statutes of Nevada 1995, as last amended by section 3 of chapter 567, Statutes of Nevada 1999, at page 2972, is hereby amended to read as follows:

    Sec. 5.  Any remaining balance of the appropriations made by section 2 of chapter 201, Statutes of Nevada 1995:

    1.  For use as provided in paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of that section, must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

    2.  For use as provided in paragraphs (f) and (g) of subsection 1 of that section, must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

    3.  For use as provided in paragraphs [(a),] (c) and (d) of subsection 1 of that section, must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    4.  For use as provided in paragraph (a) of subsection 1 of that section, must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  Section 1 of chapter 536, Statutes of Nevada 1997, as amended by section 4 of chapter 567, Statutes of Nevada 1999, at page 2973, is hereby amended to read as follows:

    Section 1.  There is hereby appropriated from the state general fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $1,566,393 for park improvement projects. The money must be used as follows:

    1.  Fort Churchill State Historic Park, Kershaw-Ryan State Park or other parks or recreation areas, $30,000.

    2.  Lake Tahoe Nevada State Park, Valley of Fire State Park or other parks or recreation areas, $295,603.

    3.  Spring Valley State Park [,] or other parks or recreation areas, $258,338.

    4.  Big Bend State Recreation Area, $192,191.

    5.  Valley of Fire State Park, $49,096.

    6.  Rye Patch State Recreation Area , [or] Ward Charcoal Ovens State Historic Park, Valley of Fire State Park or other parks or recreation areas, $415,308.

    7.  Lahontan State Recreation Area, $40,250.

    8.  Floyd Lamb State Park, Valley of Fire State Park or other parks or recreation areas, $35,607.

    9.  To prepare a preliminary master plan to provide direction for the development and operation of a historic park in Las Vegas, $250,000.

    Sec. 4.  Section 2 of chapter 536, Statutes of Nevada 1997, as amended by section 5 of chapter 567, Statutes of Nevada 1999, at page 2973, is hereby amended to read as follows:

    Sec. 2.  The State Controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the Division of State Parks of the State Department of Conservation and Natural Resources for the purposes set forth:


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

2001 Statutes of Nevada, Page 2385 (Chapter 475, SB 448)

 

    1.  In subsections 4, 5, 7 and 9 of section 1 of chapter 536, Statutes of Nevada 1997, until the last Friday in August immediately following the end of the fiscal year 1998-1999; and

    2.  In subsections 1, 2, 3, 6 and 8 of section 1 of chapter 536, Statutes of Nevada 1997, until the last Friday in August immediately following the end of the fiscal year [2000-01.] 2002-03.

    Sec. 5.  Section 4 of chapter 536, Statutes of Nevada 1997, as amended by section 6 of chapter 567, Statutes of Nevada 1999, at page 2973, is hereby amended to read as follows:

    Sec. 4.  Any remaining balance of the appropriation made by section 1 of chapter 536, Statutes of Nevada 1997:

    1.  For use as provided in subsections 4, 5, 7 and 9 of that section must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

    2.  For use as provided in subsections 1, 2, 3, 6 and 8 of that section must not be committed for expenditure after June 30, [2001,] 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 6.  There is hereby appropriated from the state general fund to the State Department of Conservation and Natural Resources the sum of $500,000 for improvement projects at state parks.

    Sec. 7.  Any remaining balance of the appropriation made by section 6 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 8.  This act becomes effective upon passage and approval.

________

 

CHAPTER 476, SB 450

Senate Bill No. 450–Committee on Finance

 

CHAPTER 476

 

AN ACT making an appropriation to the State Department of Agriculture for vehicles and new equipment; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 State Department of Agriculture the sum of $202,440 for vehicles and new equipment.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 


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2001 Statutes of Nevada, Page 2386

 

CHAPTER 477, SB 455

Senate Bill No. 455–Committee on Finance

 

CHAPTER 477

 

AN ACT making an appropriation to the Department of Human Resources for new and replacement equipment, and hardware and software at the Lakes Crossing Center; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 Human Resources the sum of $92,100 for new and replacement equipment, and hardware and software at the Lakes Crossing Center.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 478, SB 456

Senate Bill No. 456–Committee on Finance

 

CHAPTER 478

 

AN ACT making an appropriation to the Division of Child and Family Services of the Department of Human Resources for new and replacement equipment at the Southern Nevada Child and Adolescent Services Juvenile Treatment Facility; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 Division of Child and Family Services of the Department of Human Resources the sum of $148,150 for new and replacement equipment at the Southern Nevada Child and Adolescent Services Juvenile Treatment Facility.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 


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2001 Statutes of Nevada, Page 2387

 

CHAPTER 479, SB 457

Senate Bill No. 457–Committee on Finance

 

CHAPTER 479

 

AN ACT relating to state financial administration; making an appropriation to the Department of Museums, Library and Arts for a conservation laboratory; extending the reversion date for a prior appropriation made to the Department; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 Museums, Library and Arts the sum of $40,000 for a conservation laboratory.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  Section 2 of chapter 613, Statutes of Nevada 1999, at page 3342, is hereby amended to read as follows;

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after [June 30, 2001,] December 31, 2001, 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.

________

 

CHAPTER 480, SB 461

Senate Bill No. 461–Committee on Finance

 

CHAPTER 480

 

AN ACT making an appropriation to the University and Community College System of Nevada for new and replacement equipment and associated software in the computing center; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

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 University and Community College System of Nevada the sum of $2,523,863 for new and replacement equipment and associated software in the computing center.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________


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2001 Statutes of Nevada, Page 2388

 

CHAPTER 481, SB 478

Senate Bill No. 478–Committee on Taxation

 

CHAPTER 481

 

AN ACT relating to motor vehicles; authorizing the state department of conservation and natural resources to develop and carry out a program to encourage certain persons to use clean-burning fuel in motor vehicles; and providing other matters properly relating thereto.

 

[Approved: June 6, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 486A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  After consulting with the department of business and industry, the department may, within limits of legislative appropriations or authorizations or grants available for this purpose, develop and carry out a program to provide incentives to encourage those persons who are not otherwise required to do so pursuant to NRS 486A.010 to 486A.180, inclusive, to use clean-burning fuel in motor vehicles. The program may include, without limitation, a method of educating the members of the general public concerning:

    (a) The program administered by the department; and

    (b) The benefits of using clean-burning fuel in motor vehicles.

    2.  The department may adopt regulations to carry out the provisions of this section.

    3.  As used in this section:

    (a) “Clean-burning fuel” has the meaning ascribed to alternative fuel in 10 C.F.R. ง 490.2.

    (b) “Department” means the state department of conservation and natural resources.

    (c) “Motor vehicle” has the meaning ascribed to it in NRS 365.050.

    Sec. 2.  NRS 486A.020 is hereby amended to read as follows:

    486A.020  As used in [this chapter] NRS 486A.010 to 486A.180, inclusive, unless the context otherwise requires, the words and terms defined in NRS 486A.030 to 486A.130, inclusive, have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 486A.140 is hereby amended to read as follows:

    486A.140  The provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, do not apply to:

    1.  The owner of a fleet of motor vehicles that operates only in a county whose population is less than 100,000.

    2.  Any governmental agency exempted by federal statute or regulation.

    3.  Any person exempted by the commission.

    Sec. 4.  NRS 486A.150 is hereby amended to read as follows:

    486A.150  The commission shall adopt regulations necessary to carry out the provisions of [this chapter,] NRS 486A.010 to 486A.180, inclusive, including, but not limited to, regulations concerning:

    1.  Standards and requirements for alternative fuel. The commission shall not discriminate against any product that is petroleum based.


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2001 Statutes of Nevada, Page 2389 (Chapter 481, SB 478)

 

    2.  The conversion of fleets to use alternative fuels if the fleet is operated in a county whose population is 100,000 or more.

    3.  Standards for alternative fuel injection systems for diesel motor vehicles.

    4.  Standards for levels of emissions from motor vehicles that are converted to use alternative fuels.

    5.  The establishment of a procedure for approving exemptions to the requirements of [this chapter.] NRS 486A.010 to 486A.180, inclusive.

    Sec. 5.  NRS 486A.160 is hereby amended to read as follows:

    486A.160  1.  The department shall:

    (a) Make such determinations and issue such orders as may be necessary to carry out the provisions of [this chapter;] NRS 486A.010 to 486A.180, inclusive;

    (b) Enforce the regulations adopted by the commission pursuant to the provisions of [this chapter;] NRS 486A.010 to 486A.180, inclusive; and

    (c) Conduct any investigation, research or study necessary to carry out the provisions of [this chapter.] NRS 486A.010 to 486A.180, inclusive.

    2.  Upon request, the department of motor vehicles and public safety shall provide to the department information contained in records of registration of motor vehicles.

    Sec. 6.  NRS 486A.170 is hereby amended to read as follows:

    486A.170  1.  An authorized representative of the department may enter and inspect any fleet of 10 or more motor vehicles that is subject to the requirements of [this chapter] NRS 486A.010 to 486A.180, inclusive, to ascertain compliance with the provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, and regulations adopted pursuant thereto.

    2.  A person who owns or leases a fleet of 10 or more vehicles shall not:

    (a) Refuse entry or access to the motor vehicles to any authorized representative of the department who requests entry for the purpose of inspection as provided in subsection 1.

    (b) Obstruct, hamper or interfere with any such inspection.

    3.  If requested by the owner or lessor of a fleet of motor vehicles, the department shall prepare a report of an inspection made pursuant to subsection 1 setting forth all facts determined which relate to the owner’s or lessor’s compliance with the provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, and any regulations adopted pursuant thereto.

    Sec. 7.  NRS 486A.180 is hereby amended to read as follows:

    486A.180  1.  Except as otherwise provided in subsection 4, any person who violates any provision of [this chapter] NRS 486A.010 to 486A.180, inclusive, or any regulation adopted pursuant thereto, is guilty of a civil offense and shall pay an administrative fine levied by the commission of not more than $5,000. Each day of violation constitutes a separate offense.

    2.  The commission shall by regulation establish a schedule of administrative fines of not more than $1,000 for lesser violations of any provision of [this chapter] NRS 486A.010 to 486A.180, inclusive, or any regulation in force pursuant thereto.

    3.  Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, and regulations in force pursuant thereto, by injunction or other appropriate remedy. The commission or the director of the department [of conservation and natural resources] may institute and maintain in the name of the State of Nevada any such enforcement proceeding.


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2001 Statutes of Nevada, Page 2390 (Chapter 481, SB 478)

 

    4.  A person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to a person found by the court to be indigent.

    5.  The commission and the department shall deposit all money collected pursuant to this section in the state general fund. Money deposited in the state general fund pursuant to this subsection must be accounted for separately and may only be expended upon legislative appropriation.

________

 

CHAPTER 482, AB 4

Assembly Bill No. 4–Committee on Ways and Means

 

CHAPTER 482

 

AN ACT relating to prison industries; allowing money in the fund for new construction of facilities for prison industries to be used to expand existing industries; creating the committee on industrial programs; specifying the powers and duties of the committee on industrial programs; repealing the statutes creating and governing the advisory board on industrial programs; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  The committee on industrial programs is hereby created.

    2.  The committee on industrial programs consists of the director of the department of prisons, the chief of the purchasing division of the department of administration and eight members appointed by the interim finance committee as follows:

    (a) Two members of the senate.

    (b) Two members of the assembly.

    (c) Two persons who represent manufacturing in this state.

    (d) One person who represents business in this state.

    (e) One person who represents organized labor in this state.

    3.  The members of the committee on industrial programs shall select a chairman from among their membership.

    4.  Each member of the committee on industrial programs appointed by the interim finance committee must be appointed to a term of 2 years and may be reappointed.

    5.  Except during a regular or special session of the legislature, each legislator who is a member of the committee on industrial programs is 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 on industrial programs or is otherwise engaged in the work of the committee on industrial programs. Each nonlegislative member appointed by the interim finance committee is entitled to receive compensation for his service on the committee on industrial programs in the same amount and manner as the legislative members whether or not the legislature is in session. Each nonlegislative member of the committee on industrial programs is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.


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

2001 Statutes of Nevada, Page 2391 (Chapter 482, AB 4)

 

on industrial programs is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Each legislator who is a member of the committee on industrial programs is entitled to receive the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All compensation, allowances and travel expenses must be paid from the fund for prison industries.

    Sec. 3.  1.  The committee on industrial programs shall:

    (a) Be informed on issues and developments relating to industrial programs for correctional institutions;

    (b) Submit a semiannual report to the interim finance committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;

    (c) Report to the legislature on any other matter relating to industrial programs for correctional institutions that it deems appropriate;

    (d) Meet at least quarterly and at the call of the chairman to review the operation of current and proposed industrial programs;

    (e) Recommend three persons to the director for appointment as the assistant director for industrial programs whenever a vacancy exists;

    (f) Before any new industrial program is established by the director in an institution of the department, review the proposed program for compliance with the requirements of subsections 2, 3 and 4 of NRS 209.461 and submit to the director its recommendations concerning the proposed program; and

    (g) Review each industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably within 3 years after its establishment. If the committee on industrial programs determines that a program is not operating profitably within 3 years after its establishment, the committee on industrial programs shall report its finding to the director with a recommendation regarding whether the program should be continued or terminated.

    2.  Upon the request of the committee on industrial programs, the director and the assistant director for industrial programs shall provide to the committee on industrial programs any information the committee on industrial programs determines is relevant to the performance of the duties of the committee on industrial programs.

    Sec. 4.  NRS 209.011 is hereby amended to read as follows:

    209.011  As used in this chapter, unless the context otherwise requires, the terms defined in NRS [209.015] 209.021 to 209.085, inclusive, have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 209.192 is hereby amended to read as follows:

    209.192  1.  There is hereby created in the state treasury a fund for new construction of facilities for prison industries as a fund for construction of capital projects. The director shall deposit in the fund the deductions made pursuant to paragraph (c) of subsection 1 or paragraph (b) of subsection 2 of NRS 209.463. The money in the fund must only be expended to house new industries or expand existing industries in the industrial program [which will] to provide additional employment of offenders. The money in the fund must not be expended for relocating an existing industry in the industrial program [.] unless the existing industry is being expanded to provide additional employment of offenders.


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2001 Statutes of Nevada, Page 2392 (Chapter 482, AB 4)

 

    2.  Before money in the fund may be expended for construction, the director shall submit a proposal for the expenditure to the state board of examiners. Upon making a determination that the proposed expenditure is appropriate and necessary, the state board of examiners shall recommend to the interim finance committee, or the senate standing committee on finance and the assembly standing committee on ways and means when the legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.

    3.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

    Sec. 6.  NRS 209.459 is hereby amended to read as follows:

    209.459  The director shall present the recommendations of the [advisory board] committee on industrial programs to the board of state prison commissioners and, with the approval of the board of state prison commissioners, establish and carry out a program for the employment of offenders in services and manufacturing conducted by institutions of the department or by private employers.

    Sec. 7.  NRS 209.015, 209.4813 and 209.4814 are hereby repealed.

    Sec. 8.  This act becomes effective upon passage and approval.

________

 

CHAPTER 483, AB 21

Assembly Bill No. 21–Assemblywoman Cegavske

 

CHAPTER 483

 

AN ACT relating to traffic laws; requiring a court to order a person who is convicted of a second offense of driving under the influence of intoxicating liquor or a controlled substance within 7 years to attend a program of treatment for the abuse of alcohol or drugs; increasing the amount of time that such a person may be placed under the clinical supervision of a treatment facility; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 484.3792 is hereby amended to read as follows:

    484.3792  1.  A person who violates the provisions of NRS 484.379:

    (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:

         (1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;

         (2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and


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2001 Statutes of Nevada, Page 2393 (Chapter 483, AB 21)

 

         (3) Fine him not less than $400 nor more than $1,000.

    (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court [:

         (1) Shall sentence] shall:

         (1) Sentence him to:

             (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

             (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

         (2) [Shall fine] Fine him not less than $750 nor more than $1,000;

         (3) [Shall order] Order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and

         (4) [May order] Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

    (c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

    2.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

    3.  A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

    4.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation.


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2001 Statutes of Nevada, Page 2394 (Chapter 483, AB 21)

 

served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

    5.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.

    6.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

    (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

    (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,

and the court shall notify the department if the person fails to complete the assigned course within the specified time.

    7.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

    8.  As used in this section, unless the context otherwise requires, “offense” means:

    (a) A violation of NRS 484.379 or 484.3795;

    (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or

    (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

    Sec. 2.  NRS 484.37945 is hereby amended to read as follows:

    484.37945  1.  When a program of treatment is ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792, the court shall place the offender under the clinical supervision of a treatment facility for treatment for a period not [less than 30 days nor more than 6 months,] to exceed one year, in accordance with the report submitted to the court pursuant to subsection 3, 4 or 5 of NRS 484.37943. The court [may:] shall:

    (a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or

    (b) Release the offender for treatment in the community,

for the period of supervision ordered by the court.

    2.  The court shall:

    (a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and

    (b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.


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2001 Statutes of Nevada, Page 2395 (Chapter 483, AB 21)

 

treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.

    3.  A treatment facility is not liable for any damages to person or property caused by a person who:

    (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

    (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct,

after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792.

    Sec. 3.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

________

 

CHAPTER 484, AB 60

Assembly Bill No. 60–Assemblyman Beers

 

CHAPTER 484

 

AN ACT relating to meetings of public bodies; requiring a public body to post additional notice of its meetings on its website on the Internet if the public body maintains such a website; providing an exception; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 241.020 is hereby amended to read as follows:

    241.020  1.  Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these bodies. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.

    2.  Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:

    (a) The time, place and location of the meeting.

    (b) A list of the locations where the notice has been posted.

    (c) An agenda consisting of:

         (1) A clear and complete statement of the topics scheduled to be considered during the meeting.

         (2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items.

         (3) A period devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).

    3.  Minimum public notice is:


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2001 Statutes of Nevada, Page 2396 (Chapter 484, AB 60)

 

    (a) Posting a copy of the notice at the principal office of the public body, or if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting; and

    (b) Mailing a copy of the notice to any person who has requested notice of the meetings of the body in the same manner in which notice is required to be mailed to a member of the body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with or notation upon the first notice sent. The notice must be delivered to the postal service used by the body not later than 9 a.m. of the third working day before the meeting.

    4.  If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.

    5.  Upon any request, a public body shall provide, at no charge, at least one copy of:

    (a) An agenda for a public meeting;

    (b) A proposed ordinance or regulation which will be discussed at the public meeting; and

    (c) Any other supporting material provided to the members of the body for an item on the agenda, except materials:

         (1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement;

         (2) Pertaining to the closed portion of such a meeting of the public body; or

         (3) Declared confidential by law.

    [5.] 6.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

    (a) Disasters caused by fire, flood, earthquake or other natural causes; or

    (b) Any impairment of the health and safety of the public.

    Sec. 2.  This act becomes effective on January 1, 2003.

________

 


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2001 Statutes of Nevada, Page 2397

 

CHAPTER 485, AB 505

Assembly Bill No. 505–Committee on Ways and Means

 

CHAPTER 485

 

AN ACT making an appropriation to the State Department of Conservation and Natural Resources for replacement equipment for the Division of State Parks; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 State Department of Conservation and Natural Resources the sum of $329,107 for replacement equipment for the Division of State Parks.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 486, AB 508

Assembly Bill No. 508–Committee on Ways and Means

 

CHAPTER 486

 

AN ACT making appropriations to the State Department of Conservation and Natural Resources for new and replacement equipment for the Division of Water Resources and to the account for the channel clearance, maintenance, restoration, surveying and monumenting program; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 the State Department of Conservation and Natural resources the sum of $169,411 for new and replacement equipment for the Division of Water Resources.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 2.  There is hereby appropriated from the state general fund to the account for the channel clearance, maintenance, restoration, surveying and monumenting program created by NRS 532.230 the sum of $100,000.

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

________

 


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2001 Statutes of Nevada, Page 2398

 

CHAPTER 487, AB 510

Assembly Bill No. 510–Committee on Ways and Means

 

CHAPTER 487

 

AN ACT making an appropriation to the Division of Forestry of the State Department of Conservation and Natural Resources for equipment for the suppression of forest fires; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 Division of Forestry of the State Department of Conservation and Natural Resources the sum of $36,975 for equipment for the suppression of forest fires.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 488, AB 519

Assembly Bill No. 519–Committee on Ways and Means

 

CHAPTER 488

 

AN ACT making an appropriation to the Department of Taxation for implementation of Phase II of the Business Process Re-Engineering Project, development of a scanning and imaging system, and enhancement of the Local Government Financial Reporting System; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 Taxation the sum of $2,175,000 to be allocated as follows:

    1.  For implementation of Phase II of the Business Process Re-Engineering Project, the sum of    $1,300,000

    2.  For development of a document scanning and imaging system, the sum of.............. $800,000

    3.  For enhancement of the Local Government Financial Reporting System, the sum of $75,000

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 


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2001 Statutes of Nevada, Page 2399

 

CHAPTER 489, AB 521

Assembly Bill No. 521–Committee on Ways and Means

 

CHAPTER 489

 

AN ACT making an appropriation to the Governor for support of the Nevada Commission for National and Community Service; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 the Governor the sum of $325,000 to grant to the Nevada Commission for National and Community Service for use as matching money to obtain additional federal funding to continue its programs dedicated to promoting citizen volunteerism.

    2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Commission for National and Community Service agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Commission for National and Community Service through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the Nevada Commission for National and Community Service’s books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 


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2001 Statutes of Nevada, Page 2400

 

CHAPTER 490, AB 555

Assembly Bill No. 555–Committee on Government Affairs

 

CHAPTER 490

 

AN ACT relating to public employees’ retirement; revising the allowances that may be paid to a retired employee who accepts employment or an independent contract with a public employer under the public employees’ retirement system in a position for which there is a critical labor shortage; restricting the purchase of service credit by certain members of the system; limiting the circumstances under which contributions paid toward the purchase of service credit may be refunded; providing for the immediate assessment of a penalty if a payroll report is not filed or public employer contributions are not remitted in a timely manner; requiring the public employees’ retirement board to conduct an experience study on the system of the employment of certain retired employees; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 a new section to read as follows:

    1.  The provisions of subsections 1 and 2 of NRS 286.520 do not apply to a retired employee who accepts employment or an independent contract with a public employer under the system if:

    (a) He fills a position for which there is a critical labor shortage; and

    (b) At the time of his reemployment, he is receiving:

         (1) An unmodified benefit; or

         (2) A benefit actuarially reduced pursuant to subsection 6 of NRS 286.510 and has reached the required age at which he could have retired with an unmodified benefit.

    2.  A retired employee who is reemployed under the circumstances set forth in subsection 1 may reenroll in the system as provided in NRS 286.525.

    3.  Positions for which there are critical labor shortages must be determined as follows:

    (a) Except as otherwise provided in this subsection, the state board of examiners shall designate positions in state government for which there are critical labor shortages.

    (b) The supreme court shall designate positions in the judicial branch of state government for which there are critical labor shortages.

    (c) The board of regents shall designate positions in the University and Community College System of Nevada for which there are critical labor shortages.

    (d) The department of education shall designate positions with the various school districts for which there are critical labor shortages.

    (e) The governing body of a local government shall designate positions with the local government for which there are critical labor shortages.

    (f) The board shall designate positions with the system for which there are critical labor shortages.

    4.  In determining whether a position is a position for which there is a critical labor shortage, the designating authority shall give consideration to:


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2001 Statutes of Nevada, Page 2401 (Chapter 490, AB 555)

 

    (a) The history of the rate of turnover for the position;

    (b) The number of openings for the position and the number of qualified candidates for those openings;

    (c) The length of time the position has been vacant; and

    (d) The success of recruiting persons in other states to fill the position.

    Sec. 2.  NRS 286.160 is hereby amended to read as follows:

    286.160  1.  The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an operations officer, investment officer, assistant investment officer, manager of information systems, administrative assistant and administrative analyst whose appointments are effective upon confirmation by the board. The operations officer, investment officer, assistant investment officer, manager of information systems, administrative assistant and administrative analyst serve at the pleasure of the executive officer.

    2.  The executive officer, operations officer, investment officer, assistant investment officer, manager of information systems, administrative assistant and administrative analyst are entitled to annual salaries fixed by the board with the approval of the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373. The salaries of these employees are exempt from the limitations of NRS 281.123.

    3.  The executive officer must:

    (a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.

    (b) Possess at least 5 years’ experience in a high level administrative or executive capacity, including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.

    4.  The operations officer and the investment officer must each be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.

    5.  Except as otherwise provided in NRS 284.143, the executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.

    Sec. 3.  NRS 286.200 is hereby amended to read as follows:

    286.200  1.  Subject to the limitations of this chapter, the board shall, from time to time, establish rules and regulations for transacting its business and for administering the system [.] as a public agency. The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law.

    2.  No rule [shall be] is effective until 10 days after all of the following conditions have been substantially met:

    (a) A copy of the rule, in the form in which the board proposes it, [shall] must be delivered, within 30 days after the board proposes it, to all public employers participating in the system.

    (b) As soon as a public employer receives a copy of the proposed rule, the public employer immediately shall cause the copy to be posted on a bulletin board or in some conspicuous place in or near its headquarters.

    (c) [Whenever] If the board deems a proposed rule to be of such length or of such other nature that it cannot feasibly be publicized by delivery and posting, [then] a summary of the proposed rule [shall] must be delivered and posted in the manner and within the time required by paragraphs (a) and (b) of this subsection for copies of proposed rules.


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2001 Statutes of Nevada, Page 2402 (Chapter 490, AB 555)

 

posted in the manner and within the time required by paragraphs (a) and (b) of this subsection for copies of proposed rules.

    (d) There [shall] must likewise be posted a notice stating that, at a specifically designated time and place at least 15 days after the delivery of the copy of the proposed rule or summary, a hearing on the proposed rule [shall] will be held, at which hearing all interested persons [shall] have an opportunity to be heard and after which the board may adopt the proposed rule in the form in which it is originally proposed or with such amendments as are deemed necessary by the board as a result of the hearing.

    (e) A copy of the rule, in the form in which the board finally [promulgates it, shall] adopts it, must be filed with the secretary of state.

    Sec. 4.  NRS 286.300 is hereby amended to read as follows:

    286.300  Except as otherwise required as a result of NRS 286.537:

    1.  Any member of the system may , except as otherwise provided in subsection 4, 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 , except as otherwise provided in subsection 4, 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.

    3.  In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who:

    (a) Is a licensed teacher;

    (b) Has 5 years of creditable service;

    (c) Is, pursuant to statute, regulation or contract, entitled to payment for unused sick leave; and

    (d) Is employed by the board of trustees of a school district that has, pursuant to subsection 5 of NRS 391.180, provided for the payment of unused sick leave in the form of purchase of service,

may , except as otherwise provided in subsection 4, cause to be purchased on his behalf service credit, not to exceed the number of hours of unused sick leave or 1 year, whichever is less. The full actuarial cost of the service as determined by an actuary of the system must be paid for such a purchase. Any service credit purchased pursuant to this subsection must be included as a part of, and is not in addition to, service purchased pursuant to subsection 2.

    4.  A person who becomes a member of the system for the first time on or after January 1, 2000, may, on or after July 1, 2001, purchase creditable service pursuant to subsection 1 or 2, or cause to be purchased on his behalf service credit pursuant to subsection 3, only if, at the time of the purchase, he is employed by a participating public employer in a position whose occupant is thereby eligible for membership in the system.

    5.  Any member of the system may use:

    (a) All or any portion of the balance of the member’s interest in a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. ง 401(a); or


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2001 Statutes of Nevada, Page 2403 (Chapter 490, AB 555)

 

    (b) The money contained in an individual retirement account or an individual retirement annuity of a member, the entire amount of which is:

         (1) Attributable to a qualified distribution from a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. ง 401(a); and

         (2) Qualified as an eligible rollover distribution pursuant to section 402 of the Internal Revenue Code, 26 U.S.C. ง 402,

to purchase creditable service pursuant to subsection 1 or 2.

    6.  A member of the system who purchases creditable service pursuant to subsection 1 or 2 is entitled to receive a refund of any contributions paid toward the purchase of the service only if he is no longer in the employ of a participating public employer.

    7.  If a member of the system enters into an agreement whereby he agrees to pay for the purchase of service credit in installments and he defaults on that agreement, the member is entitled to receive service credit in the proportion that the principal paid bears to the principal due under the agreement.

    Sec. 5.  NRS 286.430 is hereby amended to read as follows:

    286.430  1.  Except as otherwise provided in subsection 8 [,] and NRS 286.300, a member may withdraw the employee contributions credited to his individual account if:

    (a) He has terminated service for which contribution is required; or

    (b) He is employed in a position for which contribution is prohibited.

    2.  The system shall not refund these contributions until it has received:

    (a) A properly completed application for refund;

    (b) A notice of termination from the member’s public employer or a certification by the public employer that the member is employed in a position for which contribution is prohibited; and

    (c) Except as otherwise provided in subsection 3, all contributions withheld from such member’s compensation.

    3.  If a member submits an application for a refund of his contributions before all of his contributions which were withheld have been remitted, the system may refund the portion of his contributions which it has received.

    4.  If it is determined, after the system has refunded the contributions of a member, that an additional amount of less than $10 is due to him, a refund of that amount need not be paid.

    5.  Refunds, pursuant to this section, must be made by check mailed to the address specified by a member in his application for refund.

    6.  The system shall transfer all money retained pursuant to subsection 4 and the amount of any unclaimed refund checks to the public employees’ retirement fund or the police and firemen’s retirement fund.

    7.  All membership rights and active service credit in the system, including service for which the public employer paid the employee contributions, are canceled upon the withdrawal of contributions from a member’s account.

    8.  A member who transfers to a position for which contribution is prohibited must remain in that position for at least 90 days before he is eligible to receive a refund pursuant to this section.

    Sec. 6.  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.


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2001 Statutes of Nevada, Page 2404 (Chapter 490, AB 555)

 

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 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 accurate payroll information [deemed necessary] and be filed in a form prescribed by the board. If the payroll reports are not filed or the amounts due are not remitted within the time provided, a penalty on the unpaid balance due must be assessed at a rate 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.  Except as otherwise required as a result of NRS 286.537, 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.

    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. 7.  NRS 286.520 is hereby amended to read as follows:

    286.520  1.  Except as otherwise provided in [subsections 4, 5 and 6] this section and NRS 286.525, and section 1 of this act, the consequences of the employment of a retired employee are:


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2001 Statutes of Nevada, Page 2405 (Chapter 490, AB 555)

 

    (a) A retired employee who accepts employment or an independent contract with a public employer under this system is disqualified from receiving any allowances under this system for the duration of that employment or contract if:

         (1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or

         (2) He is employed in a position which is eligible to participate in this system.

    (b) If a retired employee accepts employment or an independent contract with a public employer under this system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this system, his allowance under this system terminates upon his earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year, for the duration of that employment or contract.

    (c) If a retired employee accepts employment with an employer who is not a public employer under this system, the employee is entitled to the same allowances as a retired employee who has no employment.

    2.  The retired employee and the public employer shall notify the system:

    (a) Within 10 days after the first day of an employment or contract governed by paragraph (a);

    (b) Within 30 days after the first day of an employment or contract governed by paragraph (b); and

    (c) Within 10 days after a retired employee earns more than one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year from an employment or contract governed by paragraph (b),

of subsection 1.

    3.  For the purposes of this section, the average salary for participating public employees who are not police officers or firemen must be computed on the basis of the most recent actuarial valuation of the system.

    4.  If a retired employee who accepts employment or an independent contract with a public employer under this system pursuant to this section elects not to reenroll in the system pursuant to subsection 1 of NRS 286.525, the public employer with which the retired employee accepted employment or an independent contract may pay contributions on behalf of the retired employee to a retirement fund which is not a part of the system in an amount not to exceed the amount of the contributions that the public employer would pay to the system on behalf of a participating public employee who is employed in a similar position.

    5.  If a retired employee is chosen by election or appointment to fill an elective public office, he is entitled to the same allowances as a retired employee who has no employment, unless he is serving in the same office in which he served and for which he received service credit as a member. A public employer may pay contributions on behalf of such a retired employee to a retirement fund which is not a part of the system in an amount not to exceed the amount of the contributions that the public employer would pay to the system on behalf of a participating public employee who serves in the same office.


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2001 Statutes of Nevada, Page 2406 (Chapter 490, AB 555)

 

    [5.] 6.  The system may waive for one period of 30 days or less a retired employee’s disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.

    [6.] 7.  A person who accepts employment or an independent contract with either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsections 1 and 2 for the duration of that employment or contract.

    Sec. 8.  The public employees’ retirement board shall conduct an experience study on the public employees’ retirement system of the employment of retired public employees by public employers that participate in the public employees’ retirement system pursuant to section 1 of this act for the period between July 1, 2001, and July 1, 2004. The public employees’ retirement board shall submit a report of the study to the interim retirement and benefits committee of the legislature on or before December 31, 2004.

    Sec. 9.  1.  This act becomes effective on July 1, 2001.

    2.  Section 1 of this act expires by limitation on June 30, 2005.

________

 

CHAPTER 491, AB 588

Assembly Bill No. 588–Committee on Ways and Means

 

CHAPTER 491

 

AN ACT making an appropriation to restore the balance in the emergency account; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 emergency account, created by NRS 353.263, the sum of $160,000 to restore the balance in the account.

    Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 492, AB 596

Assembly Bill No. 596–Committee on Ways and Means

 

CHAPTER 492

 

AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for computer upgrades at the Division of Parole and Probation; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 Motor Vehicles and Public Safety the sum of $13,380 for computer upgrades at the Division of Parole and Probation.


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2001 Statutes of Nevada, Page 2407 (Chapter 492, AB 596)

 

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 493, AB 597

Assembly Bill No. 597–Committee on Ways and Means

 

CHAPTER 493

 

AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for the purchase of computers for and ongoing telecommunication costs of the Division of Parole and Probation; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 Motor Vehicles and Public Safety the sum of $431,046 for the Division of Parole and Probation to be distributed as follows:

1.  For computer hardware and software equipment ................................................................ $306,748

2.  For telecommunication costs for fiscal year 2001-2002 ...................................................... $62,149

3.  For telecommunication costs for fiscal year 2002-2003 ...................................................... $62,149

    Sec. 2.  1.  Any remaining balance of the appropriation made by subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    2.  Any remaining balance of the appropriation made by subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.

    3.  Any remaining balance of the appropriation made by subsection 3 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  1.  This section and subsection 1 of section 1 of this act become effective upon passage and approval.

    2.  Subsection 2 of section 1 of this act becomes effective on July 1, 2001.

    3.  Subsection 3 of section 1 of this act becomes effective on July 1, 2002.

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2001 Statutes of Nevada, Page 2408

 

CHAPTER 494, AB 620

Assembly Bill No. 620–Committee on Commerce and Labor

 

CHAPTER 494

 

AN ACT relating to contractors; creating a commission on construction education; creating a construction education account; authorizing the commission to grant money from the account for programs of construction education; requiring that certain fines received by the state contractors’ board be credited to the construction education account; revising the exemptions from the provisions governing contractors; removing the requirement that the board require certain applicants for a contractor’s license or a licensee to establish financial responsibility by submitting certain information; authorizing the board to require an applicant or licensee to establish financial responsibility; removing provisions that automatically require the board to hold a hearing if the board refuses to issue or renew a license; changing certain time requirements relating to hearings; requiring the board to send a certain notice to an applicant or licensee if the board denies an application for the issuance or renewal of a license; authorizing an applicant or licensee whose application for the issuance or renewal of a license is denied to request a hearing before the board; requiring the board to hold a hearing if it receives such a request; requiring the board to include certain information on an application for the issuance or renewal of a license; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

    Sec. 2.  1.  The commission on construction education is hereby created.

    2.  The commission consists of one member who is a member of the board and six members appointed by the governor as follows:

    (a) Four members who are representatives of the construction industry; and

    (b) Two members who have knowledge of construction education programs.

    3.  Each member of the commission serves a term of 3 years.

    4.  The members of the commission who are appointed by the governor serve without compensation, per diem allowance or reimbursement for travel expenses. While engaged in the business of the commission, the member who is a member of the board shall receive from the board the same salary, per diem allowance and reimbursement for travel expenses he receives while engaged in the business of the board.

    5.  The commission shall review programs of education which relate to building construction and distribute grants from the construction education account created pursuant to section 3 of this act for programs that the commission determines qualify for such a grant.

    6.  The board may adopt regulations which establish the rules of procedure for meetings of the commission.

    7.  The commission shall adopt regulations providing:

    (a) Procedures for applying for a grant of money from the construction education account;


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2001 Statutes of Nevada, Page 2409 (Chapter 494, AB 620)

 

    (b) Procedures for reviewing an application for a grant from the construction education account; and

    (c) Qualifications for receiving a grant from the construction education account.

    Sec. 3.  1.  There is hereby created a construction education account as a separate account within the state general fund.

    2.  Money deposited in the fund must be used:

    (a) Solely for the purposes of construction education and to pay the costs of the commission on construction education as described in accordance with subsection 3; and

    (b) In addition to any other money provided for construction education from any other source.

    3.  The commission on construction education shall administer the construction education account and shall disburse the money in the account as follows:

    (a) At least 95 percent of the money deposited in the account must be used to fund programs of education which relate to building construction and which the commission on construction education determines qualify for grants; and

    (b) Not more than five percent of the money deposited in the account may be reserved for operating expenses incurred by the commission on construction education pursuant to this section.

    4.  The unexpended and unencumbered balance, if any, remaining in the construction education account at the end of each fiscal year, must remain in the account.

    Sec. 4.  1.  If the board denies an application for issuance or renewal of a license pursuant to this chapter, the board shall send by certified mail, return receipt requested, written notice of the denial to the most current address of the applicant set forth in the records of the board.

    2.  A notice of denial must include, without limitation, a statement which explains that the applicant has a right to a hearing before the board if the applicant submits a written request for such a hearing to the board within 60 days after the notice of denial is sent to the address of the applicant pursuant to this section.

    3.  If an applicant who receives a notice of denial pursuant to this section desires to have the denial reviewed at a hearing before the board, he must submit a written request for a hearing before the board concerning the denial within 60 days after the notice of denial is sent to his address. If an applicant does not submit notice in accordance with this subsection, the applicant’s right to a hearing shall be deemed to be waived.

    4.  Except as otherwise provided in this subsection, if the board receives notice from an applicant pursuant to subsection 3, the board shall hold a hearing on the decision to deny the application of the applicant within 90 days after the date the board receives notice pursuant to subsection 3. If an applicant requests a continuance and the board grants the continuance, the hearing required pursuant to this subsection may be held more than 90 days after the date the board receives notice pursuant to subsection 3.

    Sec. 4.5.  NRS 624.031 is hereby amended to read as follows:

    624.031  [This chapter does] The provisions of this chapter do not apply to:

    1.  Work [done] performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.


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2001 Statutes of Nevada, Page 2410 (Chapter 494, AB 620)

 

city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.

    2.  An officer of a court when acting within the scope of his office.

    3.  Work [done] performed exclusively by a public utility operating pursuant to the regulations of the public utilities commission of Nevada on construction, maintenance and development work incidental to its [own] business.

    4.  An owner of property who is building or improving a residential structure on the property for his own occupancy and not intended for sale [.] or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell [.] or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the board for the exemption. The board shall adopt regulations setting forth the requirements for granting the exemption.

    5.  An owner of a complex containing not more than four condominiums, townhouses, apartments or cooperative units, the managing officer of the owner or an employee of the managing officer, who performs work to repair or maintain that property the value of which is less than $500, including labor and materials, unless:

    (a) A building permit is required to perform the work;

    (b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;

    (c) The work is of a type performed by a contractor licensed in a classification prescribed by the board that significantly affects the health, safety and welfare of members of the general public;

    (d) The work is performed as a part of a larger project:

         (1) The value of which is $500 or more; or

         (2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or

    (e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of [such a] that person.

    6.  The sale or installation of any finished product, material or article of merchandise which is not [actually] fabricated into and does not become a permanent fixed part of the structure.

    7.  The construction, alteration, improvement or repair of personal property.

    8.  The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and [carried on] conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.

    9.  An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his [own] use or occupancy and not intended for sale or lease.

    [10.  An owner of property who builds or improves a structure upon his property and who contracts solely with a managing contractor licensed pursuant to the provisions of this chapter for the building or improvement, if the owner is and remains financially responsible for the building or improving of all buildings and structures built by the owner upon his property pursuant to the exemption of this subsection.]


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2001 Statutes of Nevada, Page 2411 (Chapter 494, AB 620)

 

    Sec. 5.  NRS 624.140 is hereby amended to read as follows:

    624.140  1.  Except as otherwise provided in subsection 3, if money becomes available from the operations of this chapter and payments made for licenses, the board may pay from that money:

    (a) The expenses of the operations of this chapter, including the maintenance of offices.

    (b) The salary of the executive officer who must be named by the board.

    (c) A salary to each member of the board of not more than $80 per day, as fixed by the board, while engaged in the business of the board.

    (d) A per diem allowance and travel expenses for each member and employee of the board at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.

    2.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this state.

    3.  [If] Except as otherwise provided in NRS 624.520, if a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 , [and] the board [deposits the] shall deposit any money collected from the imposition of fines with the state treasurer for credit to the [state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.] construction education account created pursuant to section 3 of this act.

    Sec. 6.  NRS 624.250 is hereby amended to read as follows:

    624.250  1.  To obtain or renew a license, an applicant must submit to the board an application in writing containing:

    (a) The statement that the applicant desires the issuance of a license under the terms of this chapter.

    (b) The street address or other physical location of the applicant’s place of business.

    (c) The name of a person physically located in this state for service of process on the applicant.

    (d) The street address or other physical location in this state and, if different, the mailing address, for service of process on the applicant.

    (e) The names and physical and mailing addresses of any owners, partners, officers, directors, members and managerial personnel of the applicant.

    (f) Any information requested by the board to ascertain the background, financial responsibility, experience, knowledge and qualifications of the applicant.

    2.  The application must be:

    (a) Made on a form prescribed by the board in accordance with the rules and regulations adopted by the board.

    (b) Accompanied by the fee fixed by this chapter.

    3.  The board shall include on an application form for the issuance or renewal of a license, a method for allowing an applicant to make a monetary contribution to the construction education account created pursuant to section 3 of this act. The application form must state in a clear and conspicuous manner that a contribution to the construction education account is voluntary and is in addition to any fees required for licensure. If the board receives a contribution from an applicant, the board shall deposit the contribution with the state treasurer for credit to the construction education account.


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2001 Statutes of Nevada, Page 2412 (Chapter 494, AB 620)

 

the board receives a contribution from an applicant, the board shall deposit the contribution with the state treasurer for credit to the construction education account.

    4.  If the applicant is a natural person, the application must include the social security number of the applicant.

    Sec. 7.  NRS 624.263 is hereby amended to read as follows:

    624.263  1.  The financial responsibility of a licensee or an applicant for a contractor’s license must be established independently of and without reliance on any assets or guarantees of any owners or managing officers of the licensee or applicant, but the financial responsibility of any owners or managing officers of the licensee or applicant may be inquired into and considered as a criterion in determining the financial responsibility of the licensee or applicant.

    2.  The financial responsibility of an applicant for a contractor’s license or of a licensed contractor must be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:

    (a) Net worth.

    (b) Amount of liquid assets.

    (c) Prior payment and credit records.

    (d) Previous business experience.

    (e) Prior and pending lawsuits.

    (f) Prior and pending liens.

    (g) Adverse judgments.

    (h) Conviction of a felony or crime involving moral turpitude.

    (i) Prior suspension or revocation of a contractor’s license in Nevada or elsewhere.

    (j) An adjudication of bankruptcy or any other proceeding under the federal bankruptcy laws, including:

         (1) A composition, arrangement or reorganization proceeding;

         (2) The appointment of a receiver of the property of the applicant or contractor or any officer, director, associate or partner thereof under the laws of this state or the United States; or

         (3) The making of an assignment for the benefit of creditors.

    (k) Form of business organization , [(] corporate or otherwise . [).]

    (l) Information obtained from confidential financial references and credit reports.

    (m) Reputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.

    3.  A licensed contractor shall, as soon as it is reasonably practicable, notify the board in writing upon the filing of a petition or application relating to the contractor that initiates any proceeding, appointment or assignment set forth in paragraph (j) of subsection 2. The written notice must be accompanied by:

    (a) A copy of the petition or application filed with the court; and

    (b) A copy of any order of the court which is relevant to the financial responsibility of the contractor, including any order appointing a trustee, receiver or assignee.

    4.  Before issuing a license to an applicant who will engage in residential construction or renewing the license of a contractor who engages in residential construction, the board [shall] may require the applicant or licensee to establish his financial responsibility by submitting to the board:


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2001 Statutes of Nevada, Page 2413 (Chapter 494, AB 620)

 

    (a) A financial statement prepared by a certified public accountant ; [who is licensed pursuant to the provisions of chapter 628 of NRS;] and

    (b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the board. The statement submitted pursuant to this paragraph must be provided on a form approved by the board.

    5.  In addition to the requirements set forth in subsection 4, the board may require a licensee to establish his financial responsibility at any time.

    6.  An applicant for an initial contractor’s license or a licensee applying for the renewal of a contractor’s license has the burden of demonstrating his financial responsibility to the board [.] , if the board requests him to do so.

    Sec. 8.  NRS 624.270 is hereby amended to read as follows:

    624.270  1.  Before issuing a contractor’s license to any applicant, the board shall require that the applicant:

    (a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or

    (b) In lieu of such a bond, establish with the board a cash deposit as provided in this section.

    2.  Before granting renewal of a contractor’s license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.

    3.  Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke, suspend or refuse to renew a license.

    4.  Except as otherwise provided in subsection 6, the amount of each bond or cash deposit required by this section must be fixed by the board with reference to the contractor’s financial and professional responsibility and the magnitude of his operations, but must be not less than $1,000 or more than $100,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.291 [.] or section 4 of this act. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board after termination of the license, whichever occurs later, if there is no outstanding claim against it.

    5.  After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board. The board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting this requirement or, pursuant to subsection 6, after notification of a final written decision by the labor commissioner. If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.


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2001 Statutes of Nevada, Page 2414 (Chapter 494, AB 620)

 

deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.

    6.  If the board is notified by the labor commissioner pursuant to NRS 607.165 that three substantiated claims for wages have been filed against a contractor within a 2-year period, the board shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the board. The contractor shall maintain the bond or cash deposit for the period required by the board.

    7.  As used in this section, “substantiated claims for wages” has the meaning ascribed to it in NRS 607.165.

    Sec. 9.  NRS 624.291 is hereby amended to read as follows:

    624.291  1.  Except as otherwise provided in subsection 4, if the board [refuses to issue or renew a license,] suspends or revokes a license, has probable cause to believe that a person has violated NRS 624.720 or imposes an administrative fine pursuant to NRS 624.710, the board shall hold a hearing. The time and place for the hearing must be fixed by the board, and notice of the time and place of the hearing must be personally served on the applicant or accused or mailed to the last known address of the applicant or accused at least [30] 21 days before the date fixed for the hearing.

    2.  The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the record of the hearing before the board.

    3.  The hearing must be public if a request is made therefor.

    4.  The board may suspend the license of a contractor without a hearing if the board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the license of the contractor and incorporates that finding in its order. If the board summarily suspends the license of the contractor, the board must notify the contractor by certified mail. A hearing must be held within [30] 60 days after the suspension if the contractor submits a written request for a hearing to the board within 20 days after the board summarily suspends his license.

    Sec. 10.  NRS 624.300 is hereby amended to read as follows:

    624.300  1.  Except as otherwise provided in subsection 3, the board may:

    (a) Suspend or revoke licenses already issued;

    (b) Refuse renewals of licenses;

    (c) Impose limits on the field, scope and monetary limit of the license;

    (d) Impose an administrative fine of not more than $10,000;

    (e) Order a licensee to repay to the account established pursuant to NRS 624.470, any amount paid out of the account pursuant to NRS 624.510 as a result of an act or omission of that licensee;

    (f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost, that may consist of requiring the licensee to:

         (1) Perform the corrective work himself;

         (2) Hire and pay another licensee to perform the corrective work; or

         (3) Pay to the owner of the construction project a specified sum to correct the condition; or

    (g) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for disciplinary action.


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2001 Statutes of Nevada, Page 2415 (Chapter 494, AB 620)

 

    2.  If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.

    3.  If a licensee violates the provisions of NRS 624.3014 or subsection 3 of NRS 624.3015, the board may impose an administrative fine of not more than $20,000.

    4.  If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.

    5.  If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.

    6.  The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

    7.  If discipline is imposed pursuant to this section, including any discipline imposed pursuant to a stipulated settlement, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

    8.  All fines collected pursuant to this section must be deposited with the state treasurer for credit to the construction education account created pursuant to section 3 of this act.

    Sec. 11.  NRS 624.710 is hereby amended to read as follows:

    624.710  1.  If any person violates the provisions of subsection 1 of NRS 624.700, the board may impose an administrative fine of not less than $1,000 nor more than $10,000 for each violation.

    2.  An administrative fine imposed pursuant to this section is in addition to any other penalty imposed pursuant to this chapter.

    3.  If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the attorney general on behalf of the board.

    4.  All administrative fines collected pursuant to this section must be deposited with the state treasurer for credit to the construction education account created pursuant to section 3 of this act.

    Sec. 12.  This act becomes effective on July 1, 2001.

________

 


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2001 Statutes of Nevada, Page 2416

 

CHAPTER 495, AB 658

Assembly Bill No. 658–Committee on Ways and Means

 

CHAPTER 495

 

AN ACT making appropriations from the state general fund and the state highway fund to the Budget Division of the Department of Administration for the continuation of the development and roll out of the Integrated Financial System; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 the Budget Division of the Department of Administration the sum of $11,820,380 for the continuation of the development and roll out of the Integrated Financial System.

    2.  There is hereby appropriated from the state highway fund to the Budget Division of the Department of Administration the sum of $2,664,000 for the continuation of the development and roll out of the Integrated Financial System.

    Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the appropriate fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 496, AB 670

Assembly Bill No. 670–Assemblymen Dini, Giunchigliani, Perkins and Buckley

 

CHAPTER 496

 

AN ACT relating to Oriental medicine; revising the provisions relating to the issuance of a license to practice as a doctor of Oriental medicine; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 634A.140 is hereby amended to read as follows:

    634A.140  The board shall issue a license to practice as a doctor of Oriental medicine to an applicant who:

    1.  Has:

    (a) Successfully completed an accredited 4-year program of study, or its equivalent, in Oriental medicine at a school or college of Oriental medicine that is approved by the board; [and]

    (b) Earned a bachelor’s degree from an accredited college or university in the United States;


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2001 Statutes of Nevada, Page 2417 (Chapter 496, AB 670)

 

    (c) Passed an investigation of his background and personal history conducted by the board; and

    (d) Passed the examinations required by NRS 634A.120; or

    2.  Has:

    (a) Successfully completed a 4-year program [,] of study, or its equivalent, in Oriental medicine at a school or college of Oriental medicine that is approved by the board;

    (b) Lawfully practiced Oriental medicine in another state or foreign country for at least 4 years;

    (c) Passed an investigation of his background and personal history conducted by the board; and

    (d) Passed the examinations required by NRS 634A.120.

    Sec. 2.  Section 16 of Assembly Bill No. 302 of this session is hereby amended to read as follows:

    Sec. 16.  Notwithstanding the provisions of NRS 634A.140, the state board of Oriental medicine shall issue a license to practice as a doctor of Oriental medicine to any person who, on [the effective date of this act,] October 1, 2001, holds a license as an assistant in acupuncture or a license to practice as a doctor of acupuncture issued by the board if he submits an application and the fee for the issuance of the license to the board before January 1, 2002.

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

________

 

CHAPTER 497, SB 428

Senate Bill No. 428–Committee on Finance

 

CHAPTER 497

 

AN ACT making an appropriation to the Department of Cultural Affairs for expenses relating to the continued operation of the Southern Nevada office of the Nevada Humanities Committee; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 the Department of Cultural Affairs the sum of $200,000 for expenses relating to the continued operation of the Southern Nevada office of the Nevada Humanities Committee.

    2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Humanities Committee agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Humanities Committee through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.


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2001 Statutes of Nevada, Page 2418 (Chapter 497, SB 428)

 

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 498, SB 433

Senate Bill No. 433–Committee on Finance

 

CHAPTER 498

 

AN ACT making appropriations to the Department of Cultural Affairs for the purchase of equipment and to carry out the statewide monument program; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 the Department of Cultural Affairs the sum of $39,797 for the purchase of equipment.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, 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 the Department of Cultural Affairs to carry out the statewide monument program:

For the fiscal year 2001-2002.......................................................................................................... $44,225

For the fiscal year 2002-2003.......................................................................................................... $41,906

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

    Sec. 3.  1.  This section and section 1 of this act become effective upon passage and approval.

    2.  Section 2 of this act becomes effective on July 1, 2001.

________

 


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2001 Statutes of Nevada, Page 2419

 

CHAPTER 499, SB 442

Senate Bill No. 442–Committee on Finance

 

CHAPTER 499

 

AN ACT making appropriations to the Department of Prisons for various replacement equipment at certain facilities and ongoing expenses of the Pioche Conservation Camp to lease certain equipment; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 the Department of Prisons the sum of $1,034,239 for various replacement equipment at certain facilities.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, 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 the Department of Prisons for ongoing expenses of the Pioche Conservation Camp to lease a dishwasher:

For the fiscal year 2001-2002................................................................................................................ $948

For the fiscal year 2002-2003................................................................................................................ $948

    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 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  1.  Section 1 of this act becomes effective upon passage and approval.

    2.  Section 2 of this act becomes effective on July 1, 2001.

________

 

CHAPTER 500, SB 444

Senate Bill No. 444–Committee on Finance

 

CHAPTER 500

 

AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for security upgrades and operating expenses at various offices of the Division of Parole and Probation; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 Motor Vehicles and Public Safety the sum of $32,622 for security upgrades and operating expenses at various offices of the Division of Parole and Probation to be distributed as follows:


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

2001 Statutes of Nevada, Page 2420 (Chapter 500, SB 444)

 

    1.  For remodeling costs and an alarm system.......................................................................... $25,182

    2.  For operating expenses for the fiscal year 2001-2002.......................................................   $3,720

    3.  For operating expenses for the fiscal year 2002-2003.......................................................   $3,720

    Sec. 2.  1.  Any remaining balance of the appropriation made by subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.

    2.  Any remaining balance of the appropriations made by subsections 1 and 3 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  1.  This section and subsection 1 of section 1 of this act become effective upon passage and approval.

    2.  Subsection 2 of section 1 of this act becomes effective on July 1, 2001.

    3.  Subsection 3 of section 1 of this act becomes effective on July 1, 2002.

________

 

CHAPTER 501, SB 446

Senate Bill No. 446–Committee on Finance

 

CHAPTER 501

 

AN ACT making an appropriation to the Department of Human Resources for new and replacement equipment and computer hardware and software for the Division of Mental Health and Developmental Services; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 Human Resources the sum of $78,735 for new and replacement equipment and computer hardware and software for the Division of Mental Health and Developmental Services.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 


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

2001 Statutes of Nevada, Page 2421

 

CHAPTER 502, SB 449

Senate Bill No. 449–Committee on Finance

 

CHAPTER 502

 

AN ACT making an appropriation to the State Department of Conservation and Natural Resources for replacement equipment for the Division of Forestry; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 State Department of Conservation and Natural Resources the sum of $401,693 for replacement equipment for the Division of Forestry.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 503, SB 462

Senate Bill No. 462–Committee on Finance

 

CHAPTER 503

 

AN ACT making an appropriation to the Nevada Silver Haired Legislative Forum of the Aging Services Division of the Department of Human Resources; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 the Nevada Silver Haired Legislative Forum of the Aging Services Division of the Department of Human Resources the sum of $5,000.

    2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Silver Haired Legislative Forum of the Aging Services Division of the Department of Human Resources agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Silver Haired Legislative Forum through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.


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2001 Statutes of Nevada, Page 2422 (Chapter 503, SB 462)

 

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 504, SB 463

Senate Bill No. 463–Committee on Finance

 

CHAPTER 504

 

AN ACT making appropriations to the Department of Prisons for maintenance projects at certain facilities and ongoing expenses for the various budget accounts; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 the Department of Prisons the sum of $334,376 for maintenance projects at certain facilities.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, 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 the Department of Prisons for ongoing expenses for the various budget accounts of the Department:

For the fiscal year 2001-2002.......................................................................................................... $10,129

For the fiscal year 2002-2003.......................................................................................................... $10,129

    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 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  1.  Section 1 of this act becomes effective upon passage and approval.

    2.  Section 2 of this act becomes effective on July 1, 2001.

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2001 Statutes of Nevada, Page 2423

 

CHAPTER 505, SB 464

Senate Bill No. 464–Committee on Finance

 

CHAPTER 505

 

AN ACT making an appropriation to the Office of the Secretary of State for various enabling technology projects, for promotional materials for the Commercial Recordings Division, and for new and replacement equipment; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 Office of the Secretary of State the sum of $467,617 for various enabling technology projects, for promotional materials for the Commercial Recordings Division, and for new and replacement equipment.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 506, SB 477

Senate Bill No. 477–Committee on Finance

 

CHAPTER 506

 

AN ACT making an appropriation to the Department of Employment, Training and Rehabilitation for the Independent Living State Client Services Program for assistive devices to help disabled persons maintain an independent living environment; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

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 Employment, Training and Rehabilitation for the Independent Living State Client Services Program the sum of $500,000 for assistive devices to help disabled persons maintain an independent living environment.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

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2001 Statutes of Nevada, Page 2424

 

CHAPTER 507, SB 505

Senate Bill No. 505–Committee on Finance

 

CHAPTER 507

 

AN ACT relating to dairy products; making various changes relating to the transfer of responsibility for the dairy inspection program to the state dairy commission of the department of business and industry; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

    Whereas, Fresh wholesome milk and other dairy products are basic food commodities whose availability at reasonable prices is a necessity for consumers; and

    Whereas, It is recognized by the Legislature that the perishable nature of milk and other dairy products has led, in the past, to disruption in both production and marketing; and

    Whereas, The consolidated regulation of the Nevada dairy industry from the dairy farm to the distributor will benefit both the consumer and the industry by creating a single source of regulation and a streamlined regulatory structure; and

    Whereas, The state dairy commission is charged with consolidating this regulation and ensuring that fresh wholesome milk and other dairy products are produced and distributed within Nevada in a manner free from destructive competition and unfair trade practices; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 584 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

    Sec. 2.  As used in this chapter, unless the context otherwise requires, “commission” means the state dairy commission created pursuant to NRS 584.420.

    Sec. 3.  The commission may adopt and enforce regulations to carry out the provisions of this chapter.

    Sec. 4.  The state health officer shall, if requested, consult with the commission on any matter concerning the public health and welfare of the people of this state that arises pursuant to this chapter.

    Sec. 5.  Before the commission may adopt a regulation pursuant to NRS 584.013 to 584.285, inclusive, and sections 5 and 6 of this act, the commission shall submit the regulation to the state board of health for review and comment. The board shall complete its review and return the regulation to the commission not later than 30 days after its receipt thereof unless the commission agrees to a longer time.

    Sec. 6.  1.  The commission may enter into contracts with any person to assist it in carrying out the duties of the commission by performing any duty imposed on the commission pursuant to NRS 584.013 to 584.285, inclusive, or sections 5 and 6 of this act.

    2.  As used in this section, “person” includes a government, a governmental agency and a political subdivision of a government.


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2001 Statutes of Nevada, Page 2425 (Chapter 507, SB 505)

 

    Sec. 7.  NRS 584.017 is hereby amended to read as follows:

    584.017  Except as otherwise provided by law, the [state board of health] commission shall adopt, and may amend and repeal, reasonable regulations governing:

    1.  The production, manufacturing, mixing, preparing, processing, pasteurizing, freezing, packaging, transportation, handling, sampling, examination, labeling and sale of all mix and frozen desserts sold for ultimate consumption within the State of Nevada.

    2.  The inspection of all establishments engaged in the production, processing and distribution of mix and frozen desserts.

    3.  The issuing and revocation of permits to frozen desserts plants.

    4.  The grading and regrading of frozen desserts plants.

    5.  The displaying of grade placards.

    6.  The fixing of penalties for a violation of [such] the regulations.

    Sec. 8.  NRS 584.023 is hereby amended to read as follows:

    584.023  A copy of every regulation adopted by the [state board of health] commission must be published immediately after adoption and issued in pamphlet form for distribution to local health officers and [citizens of the state.] , upon application therefor, to licensed or other dairymen, creameries and other persons interested in them.

    Sec. 9.  NRS 584.027 is hereby amended to read as follows:

    584.027  Any person who violates any provision of the regulations adopted pursuant to NRS 584.017, or refuses or neglects to obey any lawful order of the [state board of health,] commission, is guilty of a misdemeanor.

    Sec. 10.  NRS 584.125 is hereby amended to read as follows:

    584.125  For the purposes of NRS 584.110 to 584.160, inclusive, “wholesome butter” is defined to be butter made from cream and milk wherein the entire procedure from dairy to creamery, or other place of manufacture of such product or products, is conducted under sanitary conditions [;] , and wherein the milk or cream has either been produced by cows all of which have been duly certified by some reputable veterinarian as free from tuberculosis, or, if not so certified, wherein such milk or cream has been pasteurized as prescribed by the [commissioner of food and drugs] commission pursuant to NRS 584.135.

    Sec. 11.  NRS 584.130 is hereby amended to read as follows:

    584.130  The inspection of butter under the provisions of NRS 584.110 to 584.160, inclusive, and the determination of the same as wholesome or impure, are hereby made duties of the [commissioner of food and drugs. The commissioner of food and drugs] commission. The commission is hereby given all necessary authority and power for such inspection and determination and may employ such inspectors or agents therefor as may be necessary within any revenues generated or appropriation provided for such purposes.

    Sec. 12.  NRS 584.135 is hereby amended to read as follows:

    584.135  The [commissioner of food and drugs is authorized and empowered to make and enforce such reasonable rules and] commission shall make such regulations, within the meaning and purposes of NRS 584.110 to 584.160, inclusive, as may be necessary in their administration, and which may include the sanitary production, care and handling of milk and cream used in the making of butter.


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2001 Statutes of Nevada, Page 2426 (Chapter 507, SB 505)

 

    Sec. 13.  NRS 584.140 is hereby amended to read as follows:

    584.140  The [commissioner of food and drugs] commission shall supply local dealers in butter with a list of persons, firms and creameries commonly supplying butter for local consumption classified as makers of wholesome or impure butter, and shall, from time to time thereafter, supply such dealers with additions to or alterations in such classifications.

    Sec. 14.  NRS 584.150 is hereby amended to read as follows:

    584.150  1.  It [shall be] is unlawful for any person, firm or corporation to sell or exchange, or offer or expose for sale or exchange, for human consumption, any impure butter.

    2.  Imported butter from states having similar laws, if made by creameries, dairies or farms recognized by the authorities of such states as manufacturing wholesome butter, and imported pasteurized butter from states not having similar laws but the makers of which [shall] have satisfied the [commissioner of food and drugs] commission that such butter conforms to the requirements of NRS 584.110 to 584.160, inclusive, shall be [regarded as] deemed wholesome if offered for sale or exchange in this state. All other imported butter shall be deemed impure.

    3.  All impure butter offered for sale or exchange, for human consumption, [shall be] is subject to confiscation by the police authorities and may be destroyed.

    4.  Any person, firm or corporation violating the provisions of this section [shall be] is guilty, for the first offense, of a misdemeanor, and for any subsequent offense, of a gross misdemeanor.

    Sec. 15.  NRS 584.155 is hereby amended to read as follows:

    584.155  On complaint by the [commissioner of food and drugs] commission of the violation of NRS 584.150 by any person, firm or corporation, the district attorney of the county in which [such] the violation is alleged to have occurred shall institute criminal proceedings against the person complained of and shall prosecute the same in the proper courts.

    Sec. 16.  NRS 584.180 is hereby amended to read as follows:

    584.180  1.  [No] A person, firm, association or corporation shall not sell or offer to sell fresh fluid milk or fresh fluid cream in the State of Nevada without obtaining a permit issued by the [health division of the department of human resources pursuant to the regulation of the state board of health governing the sanitation and grading of milk and milk products.] commission.

    2.  No such permit [shall be] is required from any person, firm, association or corporation who sells solely to a permittee or purchases solely from a permittee.

    Sec. 17.  NRS 584.185 is hereby amended to read as follows:

    584.185  The application for the permit required by NRS 584.180 [shall:] must:

    1.  Be submitted in writing on [such form as the state board of health shall prescribe.] a form prescribed by the commission.

    2.  Include the name and address of the applicant, and, if a partnership, the names and addresses of all partners, and, if a corporation, association or other organization, the names and addresses of the president, vice president, secretary and managing officers.


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2001 Statutes of Nevada, Page 2427 (Chapter 507, SB 505)

 

    3.  Specify the name and location of the premises or business for which the license is sought.

    4.  Contain such other information as may be reasonably required by the [board.] commission.

    Sec. 18.  NRS 584.190 is hereby amended to read as follows:

    584.190  If it [shall appear] appears to the satisfaction of the [health division of the department of human resources] commission that the applicant has complied with [the] all regulations governing the sanitation and grading of milk and milk products, the [health division] commission shall cause the dairy farms, milk plants and facilities of the applicant to be inspected . [as provided by the regulations of the state board of health.]

    Sec. 19.  NRS 584.195 is hereby amended to read as follows:

    584.195  1.  If, after the application and inspection, it [shall appear] appears to the satisfaction of the [health division of the department of human resources] commission that the applicant has fully complied with [the regulations of the state board of health] all regulations governing the sanitation and grading of milk and milk products, the [health division] commission shall issue a permit to the applicant.

    2.  The [health division] commission shall keep a record of all applications for permits and permits issued by it, which [shall] must be a public record.

    Sec. 20.  NRS 584.200 is hereby amended to read as follows:

    584.200  1.  Whenever any inspection of the dairy farms, milk plants or facilities of an applicant or a permittee necessitates departing beyond the territorial limits of the State of Nevada, the applicant or permittee on whose behalf [such] the inspection is to be made shall pay the per diem expense allowance and travel expenses of the inspector or inspectors for the amount of their travel beyond the territorial limits of the State of Nevada in an amount equivalent to that paid other state officers performing similar duties. [Claims for per diem expense allowances and travel expenses of inspectors must be paid by the health division of the department of human resources.]

    2.  Before an inspection is made outside the State of Nevada, the [health division] commission shall collect from the applicant or permittee an amount of money equal to the expenses to be incurred for the inspection. The money must be deposited with the state treasurer for credit to the appropriate account [of the health division] in the dairy commission fund and may be used only to pay for claims filed in accordance with this section.

    3.  Failure of an applicant or a permittee to pay the amount demanded by the [health division] commission pursuant to the provisions of subsection 2 is a ground for the denial, suspension or revocation of a permit. Money paid by any applicant or permittee pursuant to the provisions of subsection 2 must not be refunded.

    Sec. 21.  NRS 584.205 is hereby amended to read as follows:

    584.205  1.  In addition to the initial inspection of new applicants, the [state board of health] commission shall, except as otherwise provided in subsection 2, direct a periodic inspection, not less than annually, of all facilities belonging to permittees [in order] to ascertain whether [or not] the services, facilities and equipment continue to comply with the regulations referred to in NRS [584.180 and] 584.195.

    2.  Except as otherwise provided in NRS 584.208 and the regulations adopted pursuant to that section, milk and milk products, including certified raw milk and products made from it, imported from outside the State of Nevada may be sold in this state without inspection by the [health division of the department of human resources] commission if the requirements of paragraph (c) and the requirements of paragraph (a) or paragraph (b) are met:


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2001 Statutes of Nevada, Page 2428 (Chapter 507, SB 505)

 

Nevada may be sold in this state without inspection by the [health division of the department of human resources] commission if the requirements of paragraph (c) and the requirements of paragraph (a) or paragraph (b) are met:

    (a) In the case of certified raw milk and products made from it, they have been produced under standards adopted by the American Association of Medical Milk Commissions and under the statutory provisions of the State of California applicable to such products.

    (b) The milk and milk products have been produced, pasteurized, processed, transported and inspected under statutes or regulations substantially equivalent to the Nevada milk and milk products statutes and regulations.

    (c) The milk and milk products have been awarded an acceptable milk sanitation, compliance and enforcement rating by a state milk sanitation rating officer certified by the United States Public Health Service.

    3.  Whenever the [health division] commission has reasonable grounds to believe that a seller of milk or milk products, including certified raw milk and products made from it, is violating any of the regulations adopted by the [state board of health] commission or any county milk commission relating to the sanitation and grading of milk and milk products, including certified raw milk and products made from it, or that his facilities or products fail to meet the regulations, or that his operation is in any other manner not in the best interests of the people of this state, the [health division] commission may conduct a reasonable inspection, and if any violation or other condition inimical to the best interests of the people of this state is found, to take corrective action pursuant to NRS 584.180 to 584.210, inclusive.

    Sec. 22.  NRS 584.207 is hereby amended to read as follows:

    584.207  1.  Certified raw milk is unpasteurized, marketed milk which conforms to the regulations and standards adopted by the county milk commission for the production and distribution of certified raw milk and certified raw milk products in the county in which they are produced.

    2.  In each county in which certified raw milk or certified raw milk products are produced for public consumption, there must be a county milk commission to regulate the production and distribution of those products. The board of county commissioners shall appoint to the commission three members for terms of 4 years , all of whom are eligible for reappointment. The members must all be residents of the county and have the following respective qualifications:

    (a) One member must be a physician licensed in this state and a member of the medical society of the state;

    (b) One member must be a veterinarian licensed in this state and a member of the county or regional veterinarian association; and

    (c) One member must be a representative of the public at large.

    3.  A county milk commission shall:

    (a) Elect one of its members as chairman and adopt appropriate rules to govern:

         (1) The time and place of its meetings;

         (2) Its rules of procedure; and

         (3) Its recordkeeping and other internal operations.

    (b) Adopt written regulations, which must be approved by the state [board of health,] dairy commission, governing the production, distribution and sale in the county of certified raw milk and products made from it, to protect the public health and safety and the integrity of the product.


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2001 Statutes of Nevada, Page 2429 (Chapter 507, SB 505)

 

public health and safety and the integrity of the product. The regulations so adopted must conform as nearly as practicable to, but may be more stringent than, the standards adopted by the American Association of Medical Milk Commissions.

    (c) Certify raw milk and the products thereof for any applicant producing raw milk within the county, whose product and methods of production, distribution and sale comply with the regulations and standards adopted by the county milk commission.

    4.  A county milk commission may:

    (a) Establish and collect such fees and charges as appear reasonably necessary to defray the costs and expenses incurred by it in the performance of its duties under this section, and expend any money so collected as is necessary for such performance.

    (b) Conduct such tests, inspections and analyses as are necessary to enable it to perform its duties under this section and employ such personnel and equipment as it deems necessary therefor.

    5.  Each applicant for certification [shall,] must, as a condition for entertaining his application and as a condition for any certification granted, submit for testing by the county milk commission such samples as the county milk commission requests, and allow inspections by the county milk commission or its agents at any reasonable times, of any or all of his facilities, equipment, herds or other property employed in his dairy operations, including, without limitation, all of his books and records relating thereto.

    Sec. 23.  NRS 584.208 is hereby amended to read as follows:

    584.208  1.  Certified raw milk and products made from it may be sold if the milk has been:

    (a) Cooled to 45 degrees Fahrenheit or less immediately after being drawn from the cow or goat and maintained at or below that temperature until it is delivered to the consumer, at which time it may not contain more than 10 coliform bacteria per milliliter or more than 10,000 bacteria per milliliter; and

    (b) Certified by the county milk commission of the county in which it was produced.

    2.  No person may come in contact with or be near raw milk before it is sold to the consumer unless the person maintains scrupulous cleanliness and is not afflicted with any communicable disease or in a condition to disseminate any disease which can be transmitted by milk. No person may handle milk to be sold as raw unless he has a physical examination before any employment requiring him to do so and every 3 months thereafter while continuing in the employment.

    3.  The state [board of health] dairy commission shall adopt regulations governing:

    (a) Inspections to determine the health of cows and goats which produce milk for sale as raw milk.

    (b) Inspections of dairy farms which produce milk for sale as raw milk and establishing minimum standards of cleanliness and sanitation for the farms.

    (c) Examinations of all persons who come in contact with raw milk before it is sold to a consumer.

    (d) Other matters connected with the production and sale of raw milk which the [board] commission deems necessary to protect the public health.


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2001 Statutes of Nevada, Page 2430 (Chapter 507, SB 505)

 

    Sec. 24.  NRS 584.210 is hereby amended to read as follows:

    584.210  1.  Whenever the [health division of the department of human resources] commission has reasonable grounds to believe that any applicant or permittee under NRS 584.180 to 584.210, inclusive, is violating any of the provisions of those sections, or any of the rules, regulations or specifications adopted by the [state board of health] commission relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet those regulations or are not reliable or are questionable, or when the [health division] commission determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the [health division of the department of human resources] commission may, after providing notice and opportunity for a hearing pursuant to the provisions of subsection 2, refuse to grant a permit or suspend or revoke any or all permits previously issued.

    2.  Except as otherwise provided in this subsection, if the [health division] commission intends to refuse to grant a permit or to suspend or revoke a permit pursuant to the provisions of subsection 1, the [health division] commission shall provide to the applicant or permittee, by certified mail, written notice of the intended action within the period established pursuant to regulations adopted by the [state board of health.] commission. The notice must specify the reasons, the legal authority and the jurisdiction of the [health division] commission for taking the intended action. Upon receipt of the notice, an applicant or permittee may request a hearing, and, if so requested, the [health division] commission shall conduct a hearing pursuant to regulations adopted by the [state board of health.] commission. If an applicant or permittee does not request a hearing after being notified pursuant to the provisions of this subsection, any decision of the [health division] commission made pursuant to this section is final and not subject to judicial review. Such notice and hearing is not required and a permit may be summarily disapproved, revoked or suspended by the [health division] commission if the [health division] commission finds that, based upon the particular circumstances of the case, it is in the best interests of the health, safety or welfare of the people of this state to so proceed.

    3.  The [health division] commission may conduct the investigations, summon and compel the attendance of witnesses, require the production of any records or documents, and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with a hearing conducted pursuant to the provisions of this section.

    4.  The findings of the [health division] commission and the judgment or order must be reduced to writing and filed in the permanent public records of the [health division.] commission. The findings must state the reasons why the application for a permit was disapproved or the permit was suspended or revoked. Copies must be furnished to the applicant or permittee who may, if he requested and was given a hearing or if his application or permit was summarily disapproved, revoked or suspended pursuant to the provisions of subsection 2, file an appeal pursuant to regulations adopted by the [state board of health.] commission. Upon the filing of the appeal, the [administrator] chairman of the [health division] commission or his designee shall appoint a person who did not participate in the decision of the [health division] commission to conduct a hearing in accordance with those regulations. The applicant or permittee is entitled to judicial review of the decision of the person so appointed in the manner provided by chapter 233B of NRS.


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2001 Statutes of Nevada, Page 2431 (Chapter 507, SB 505)

 

decision of the person so appointed in the manner provided by chapter 233B of NRS. Upon the filing for appeal or review, the enforcement of the [health division’s] commission’s order must be stayed pending final disposition of the matter. If the order is judicially affirmed, it becomes final and the stay of enforcement is automatically vacated.

    5.  In any case where the [health division] commission refuses to issue a permit, or suspends or revokes a permit, the applicant or accused is entitled to submit another application for the consideration of the [health division.] commission.

    6.  The [state board of health] commission shall adopt such regulations as are necessary to carry out the provisions of this section.

    Sec. 25.  NRS 584.215 is hereby amended to read as follows:

    584.215  1.  Except as otherwise provided in subsection 2, all testing of milk or cream purchased on the basis of the amount of butterfat contained therein must be done by a licensed tester, who shall supervise and is responsible for the operation of the Babcock test of milk or cream.

    2.  Methods of testing such milk, other than the Babcock test, may be used if approved by the [commissioner of food and drugs.] commission. If such approval is given, equipment suitable for the performance of the Babcock test must be provided and maintained.

    3.  A license may be issued to a tester by the [commissioner of food and drugs. The commissioner] commission. The commission shall examine the qualifications of the applicant for a license, and every applicant must satisfy the [commissioner] commission of his qualifications and comply with the provisions in NRS 584.215 to 584.285, inclusive, before a license may be issued to him.

    4.  If a method of testing other than the Babcock test is used, the tester must be licensed to perform that method of testing and the Babcock test.

    Sec. 26.  NRS 584.216 is hereby amended to read as follows:

    584.216  1.  An applicant for the issuance or renewal of a milk tester’s license shall submit to the [commissioner of food and drugs] commission the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

    2.  The [commissioner] commission shall include the statement required pursuant to subsection 1 in:

    (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

    (b) A separate form prescribed by the [commissioner.] commission.

    3.  A milk tester’s license may not be issued or renewed by the [commissioner] commission if the applicant:

    (a) Fails to submit the statement required pursuant to subsection 1; or

    (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

    4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the [commissioner] commission shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.


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2001 Statutes of Nevada, Page 2432 (Chapter 507, SB 505)

 

applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

    Sec. 27.  NRS 584.217 is hereby amended to read as follows:

    584.217  1.  If the [commissioner of food and drugs] commission receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a milk tester’s license, the [commissioner] commission shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the [commissioner] commission receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    2.  The [commissioner of food and drugs] commission shall reinstate a milk tester’s license that has been suspended by a district court pursuant to NRS 425.540 if the [commissioner] commission receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    Sec. 28.  NRS 584.220 is hereby amended to read as follows:

    584.220  1.  Every creamery, shipping station, milk factory, cheese factory, ice cream factory, condensery, or any person, firm or corporation receiving or purchasing milk or cream on the basis of butterfat contained therein [shall be] is required to hold a license so to do.

    2.  The license [shall] must be issued to [such] the creamery, shipping station, milk factory, condensery, ice cream factory, cheese factory, or person, firm or corporation by the [commissioner of food and drugs] commission upon complying with all sanitary laws, rules and regulations of the State of Nevada, and upon complying with the provisions of NRS 584.215 to 584.285, inclusive, and upon payment of a license fee as provided in NRS 584.225.

    Sec. 29.  NRS 584.225 is hereby amended to read as follows:

    584.225  1.  The fee for issuing and renewing a milk tester’s license [shall be] is $10 for a full year or fraction thereof.

    2.  All licenses required under NRS 584.215 to 584.285, inclusive, [shall] expire at the end of each calendar year.

    3.  The provisions of this section [shall] do not apply to [individuals,] natural persons, hotels, restaurants or boardinghouses buying milk or cream for private use.

    [4.  All moneys received by the commissioner of food and drugs shall be accounted for by him annually to the state treasury. Such moneys as are received by the commissioner of food and drugs under the provisions of NRS 584.215 to 584.285, inclusive, may be used by him for expenses necessary or incident to the carrying into effect of NRS 584.215 to 584.285, inclusive, and for performing such duties as are required by him thereunder. The overplus, if any, shall be paid into the state treasury annually at the time of making his annual accounting.]


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2001 Statutes of Nevada, Page 2433 (Chapter 507, SB 505)

 

    Sec. 30.  NRS 584.230 is hereby amended to read as follows:

    584.230  A license may be revoked by the [commissioner of food and drugs] commission if, after due notice, the licensee fails or has failed to comply with the laws, rules and regulations under which the license was granted.

    Sec. 31.  NRS 584.235 is hereby amended to read as follows:

    584.235  The [commissioner of food and drugs] commission shall make uniform regulations for the proper enforcement of NRS 584.215 to 584.285, inclusive. The regulations must be printed in the state printing division of the department of administration and distributed by the [commissioner of food and drugs] commission upon application therefor to licensed or other dairymen, creameries and other persons interested in them.

    Sec. 32.  NRS 584.240 is hereby amended to read as follows:

    584.240  1.  A licensed tester shall, in addition to the records required to be kept by NRS 584.215 to 584.285, inclusive, record all tests made by him in a permanent book of record, a form for which [shall] must be supplied at cost or approved by the [commissioner of food and drugs,] commission, and tests [shall] must be indelibly recorded in the record book in such a manner as to identify the patron whose milk or cream has been tested, and also in such a manner as to prevent erasures or changes being made in these tests.

    2.  The record [shall] must be at all times during business hours kept open for inspection by the [commissioner of food and drugs or his] commission or its agents, or by any officer of the city and county board of health, or by any peace officer of the city, county or state, or by any patron who may be delivering milk or cream to the plant or place where such tests are made.

    Sec. 33.  NRS 584.250 is hereby amended to read as follows:

    584.250  All cream sold in the State of Nevada on the basis of the richness or the percentage of milk fat contained therein [shall] must be tested by the Babcock test, using a procedure approved by the [commissioner of food and drugs.] commission.

    Sec. 34.  NRS 584.255 is hereby amended to read as follows:

    584.255  The [commissioner of food and drugs] commission shall, from time to time, inspect and examine as to their accuracy, or their adaptability to give accurate results, all glassware, measures, scales, weights and other apparatus used in creameries and factories of dairy products, where milk and cream are purchased, to determine the amount of percentage of fat in milk or cream.

    Sec. 35.  NRS 584.265 is hereby amended to read as follows:

    584.265  The [commissioner of food and drugs or his] commission’s duly authorized representative or appointee shall make analyses of all samples of milk or cream deemed necessary for the enforcement of NRS 584.215 to 584.285, inclusive.

    Sec. 36.  NRS 584.270 is hereby amended to read as follows:

    584.270  The [commissioner of food and drugs,] commission, on complaint of any licensed milk producer, showing good cause therefor, that the tests made by any licensed tester are incorrect or inaccurate, shall investigate and test milk from [such] the producer, at the source, until [he] the commission is satisfied as to the correctness or incorrectness of [such] the complaint.


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2001 Statutes of Nevada, Page 2434 (Chapter 507, SB 505)

 

    Sec. 37.  NRS 584.275 is hereby amended to read as follows:

    584.275  1.  It is unlawful for any person for himself or as the agent, servant, employee or officer of any person, firm or corporation receiving or purchasing milk or cream on the basis of the amount of butterfat contained therein to:

    (a) Underread, overread or otherwise fraudulently manipulate the official test used for determining the percent of butterfat in milk or cream;

    (b) Falsify the records thereof; or

    (c) Use any other test or deviate from an accepted procedure unless it is approved by the [commissioner of food and drugs.] commission.

    2.  In all tests for cream, the cream must be weighed into the bottle used for testing.

    Sec. 38.  NRS 584.325 is hereby amended to read as follows:

    584.325  As used in NRS 584.325 to 584.690, inclusive, unless the context otherwise requires, the words and terms defined in NRS [584.330] 584.335 to 584.385, inclusive, have the meanings ascribed to them in those sections.

    Sec. 39.  NRS 584.410 is hereby amended to read as follows:

    584.410  The purposes of NRS 584.325 to 584.690, inclusive, are:

    1.  To provide [funds] money for the administration and enforcement of [NRS 584.325 to 584.690, inclusive,] the provisions of this chapter by assessments to be paid by producers of fluid milk or fluid cream, or both, and from licenses issued to distributors in the manner prescribed herein.

    2.  To authorize and enable the commission to prescribe marketing areas and to fix prices at which fluid milk or fluid cream, or both, may be sold by producers, distributors and retailers, which areas and prices are necessary due to varying factors of costs of production, health regulations, transportation and other factors in the marketing areas of this state , [;] but the price of fluid milk or fluid cream within any marketing area [shall] must be uniform for all purchasers of fluid milk or fluid cream of similar grade or quality under like terms and conditions.

    3.  To authorize and enable the commission to formulate stabilization and marketing plans subject to the limitations prescribed in NRS 584.325 to 584.690, inclusive, with respect to the contents of [such] the stabilization and marketing plans and to declare [such] the plans in effect for any marketing area.

    4.  To enable the dairy industry with the aid of the state to correct existing evils, develop and maintain satisfactory marketing conditions, and bring about a reasonable amount of stability and prosperity in the production and marketing of fluid milk and fluid cream.

    Sec. 40.  NRS 584.440 is hereby amended to read as follows:

    584.440  1.  The members of the commission shall meet at least once each month and may meet at the call of the chairman or at the request of a majority of the members of the commission.

    2.  The commission shall conduct all hearings authorized pursuant to [NRS 584.325 to 584.690, inclusive.] the provisions of this chapter.

    3.  A majority of the members constitutes a quorum and a majority vote of the commission is required on all action taken by the commission.

    4.  The commission may retain an attorney to assist the commission in the administration of its duties.


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2001 Statutes of Nevada, Page 2435 (Chapter 507, SB 505)

 

    Sec. 41.  NRS 584.455 is hereby amended to read as follows:

    584.455  1.  The commission shall appoint an executive director, who shall serve ex officio as its secretary.

    2.  The executive director may appoint such assistants, deputies, agents, experts and other employees as are necessary for the administration of [NRS 584.325 to 584.690, inclusive,] the provisions of this chapter, prescribe their duties and fix their salaries.

    3.  The executive director is in the unclassified service of the state. All assistants, deputies, agents, experts and other employees are in the classified service.

    4.  The executive director may be removed by the commission.

    Sec. 42.  NRS 584.460 is hereby amended to read as follows:

    584.460  1.  There is hereby created in the state treasury a special revenue fund designated as the dairy commission fund. [All] Except as otherwise required in NRS 584.670, all money received by the commission pursuant to [NRS 584.325 to 584.690, inclusive,] the provisions of this chapter must be paid into the fund and must be expended solely for the [enforcement of NRS 584.176 to 584.179, inclusive, and 584.325 to 584.690, inclusive.] administration and enforcement of the provisions of this chapter.

    2.  The interest and income earned on the money in the dairy commission fund, after deducting any applicable charges, must be credited to the fund.

    Sec. 43.  NRS 584.470 is hereby amended to read as follows:

    584.470  1.  For the purposes of [NRS 584.325 to 584.690, inclusive,] this chapter, the commission may hold hearings, administer oaths, certify to official acts, take depositions, issue subpoenas, summon witnesses and examine the books and records of any producer, distributor or retailer. Such an examination may be made at any reasonable time or place by the commission or any agent of the commission.

    2.  The district court for the county in which any investigation is being conducted by the commission may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the commission.

    3.  In case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, the commission may report to the district court for the county in which the investigation is pending by petition, setting forth:

    (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

    (b) That the witness has been subpoenaed in the manner prescribed in this chapter; and

    (c) That the witness has failed and refused to attend or produce the papers required by subpoena before the commission in the investigation named in the subpoena, or has refused to answer questions propounded to him in the course of such investigation,

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the commission.

    4.  The court, upon petition of the commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the commission. A certified copy of the order [shall] must be served upon the witness.


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2001 Statutes of Nevada, Page 2436 (Chapter 507, SB 505)

 

certified copy of the order [shall] must be served upon the witness. If it [shall appear] appears to the court that the subpoena was regularly issued by the commission, the court shall thereupon enter an order that the witness appear before the commission at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness [shall] must be dealt with as for contempt of court.

    Sec. 44.  NRS 584.495 is hereby amended to read as follows:

    584.495  The commission shall enforce the provisions of [NRS 584.325 to 584.690, inclusive,] this chapter and any stabilization and marketing plan initiated pursuant to the provisions of [those sections.] NRS 584.325 to 584.690, inclusive.

    Sec. 45.  NRS 584.500 is hereby amended to read as follows:

    584.500  The commission is hereby declared to be the instrumentality of this state for the purpose of administering and enforcing the provisions of [NRS 584.325 to 584.690, inclusive,] this chapter and to execute the legislative intent [herein expressed,] expressed in this chapter, and is hereby vested with the administrative authority described in [NRS 584.325 to 584.690, inclusive.] this chapter.

    Sec. 46.  NRS 584.543 is hereby amended to read as follows:

    584.543  Constables, police officers and sheriffs may , upon request, render assistance to the commission, any member of the commission or any authorized representative of the commission, in the enforcement of the provisions of [NRS 584.325 to 584.690, inclusive, upon request.] this chapter.

    Sec. 47.  NRS 584.573 is hereby amended to read as follows:

    584.573  1.  A distributor shall not sell a substitute dairy product, as defined in NRS 584.176, below its cost to him.

    2.  A distributor who sells or distributes a substitute dairy product shall file with the commission a statement of the cost of the substitute dairy product to him. The statement must be supplemented periodically as required by regulations adopted by the [state dairy] commission. The commission shall keep all statements confidential except when used in a judicial proceeding or an administrative proceeding relating to the provisions of this chapter.

    Sec. 48.  NRS 584.630 is hereby amended to read as follows:

    584.630  [1.  A distributor who is subject to any stabilization and marketing plan as established by the commission shall:

    (a) Pay to the commission an assessment of one-half cent per pound of milk fat contained in all fluid milk or fluid cream, or both, produced by him or purchased from a producer in this state;

    (b) Deduct from any payment due a producer in this state and pay to the commission an assessment of one-half cent per pound of milk fat contained in all fluid milk or fluid cream, or both, purchased from that producer, and pay to the commission the same amount on the same material if produced by the distributor; and

    (c) Pay to the commission an assessment of 1 cent per pound of milk fat contained in all fluid milk or fluid cream, or both, imported into this state in bulk or as finished products and not otherwise subject to assessment.


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2001 Statutes of Nevada, Page 2437 (Chapter 507, SB 505)

 

    2.  The assessments received by the commission must be used in the administration and enforcement of NRS 584.325 to 584.690, inclusive.] The commission shall assess each distributor of fluid milk or fluid cream a sum not exceeding one-quarter cent per pound on all fluid milk or fluid cream distributed by the distributor.

    Sec. 49.  NRS 584.633 is hereby amended to read as follows:

    584.633  1.  The commission shall assess each distributor of butter a sum not exceeding 2 cents per pound on all butter distributed by the distributor.

    2.  [Except as otherwise provided in subsection 3, the] The commission shall assess all distributors of fresh dairy products a sum not exceeding 4 cents per gallon on all ice cream, sherbet or ice cream or ice milk mixes, and a sum not exceeding 2 cents per pound on all cottage cheese and yogurt distributed by the distributors.

    [3.  In determining the amount to be assessed a distributor pursuant to subsection 2, the commission shall credit the distributor with any amount which, pursuant to paragraph (a) or (c) of subsection 1 of NRS 584.630, was assessed and paid upon fluid milk and fluid cream which was then used in manufacturing the product subject to the assessment prescribed in subsection 2.]

    Sec. 50.  NRS 584.635 is hereby amended to read as follows:

    584.635  1.  The commission may lower the rate of any assessment required to be paid under NRS 584.630 or 584.633, whenever it finds that the cost of administering the provisions of [NRS 584.325 to 584.690, inclusive,] this chapter can be defrayed from revenues derived from the lower rates.

    2.  A distributor shall pay the amount of the assessment to the commission on or before the 15th of the month following the month during which the fluid milk or fluid cream was received or the butter or fresh dairy product was distributed. If the assessment for the month is less than $3, the distributor may delay payment for 3 months or until the cumulative assessments are $3 or more, whichever occurs first.

    3.  If payments of assessments are not made as provided in subsection 2, the commission shall charge, as a penalty for the late payment, the amount of $10 or [1 percent per month] 10 percent of the total amount due but remaining unpaid, whichever is greater.

    Sec. 51.  NRS 584.660 is hereby amended to read as follows:

    584.660  1.  The commission shall, within 30 days [prior to] before each general session of the legislature, submit to the governor a full and true report of the transactions [under NRS 584.325 to 584.690, inclusive,] pursuant to this chapter during the preceding biennium, including a complete statement of receipts and expenditures during [such] that period, together with its legislative recommendations.

    2.  This report is a public record and must be made available for public inspection within a reasonable time after it is submitted to the governor.

    Sec. 52.  NRS 584.665 is hereby amended to read as follows:

    584.665  In addition to the compilation of information pertaining to fluid milk and fluid cream from the reports required by NRS 584.325 to 584.690, inclusive, the commission shall collect, assemble, compile and distribute statistical data relative to fluid milk, fluid cream, other milk and milk products, and such other information as may relate to the dairy industry and the provisions of [NRS 584.325 to 584.690, inclusive.] this chapter. For the purposes of this section, the commission may require such information as it deems necessary from distributors, producers, cooperative associations of producers, retailers and others who are engaged in the production, sale, distribution, handling or transportation of fluid milk, fluid cream or other dairy products.


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2001 Statutes of Nevada, Page 2438 (Chapter 507, SB 505)

 

deems necessary from distributors, producers, cooperative associations of producers, retailers and others who are engaged in the production, sale, distribution, handling or transportation of fluid milk, fluid cream or other dairy products.

    Sec. 53.  NRS 584.670 is hereby amended to read as follows:

    584.670  1.  The violation of any provision of NRS 584.325 to 584.690, inclusive, or of any stabilization and marketing plan, including any price requirements of such a plan, or of any of the unfair practice provisions set forth in [such] those sections, is a misdemeanor, and also is ground for revocation or suspension of a license in the manner set forth in NRS 584.325 to 584.690, inclusive.

    2.  Every distributor [must] shall pay for fluid milk or fluid cream delivered to him or it at the time and in the manner specified in the contract with the producer. Failure to make such a payment is ground for refusal, suspension or revocation of a license in the manner set forth in NRS 584.325 to 584.690, inclusive.

    3.  In addition to any other penalty provided by NRS 584.325 to 584.690, inclusive, the commission may impose a penalty of not more than $1,000 for each violation, to be recovered by the commission in a civil action in a court of competent jurisdiction. All sums recovered under this subsection must be deposited with the state treasurer [to the credit of the dairy commission fund and expended solely for the enforcement of NRS 584.325 to 584.690, inclusive.] for credit to the state general fund.

    Sec. 54.  NRS 584.675 is hereby amended to read as follows:

    584.675  1.  The commission may refuse to grant any license herein provided and may revoke or suspend any such license as the case may require when it is satisfied that any applicant or licensee has violated any provision of [NRS 584.325 to 584.690, inclusive;] this chapter, but no order [shall] may be made refusing, revoking or suspending any license except after hearing upon at least 10 days’ notice to the applicant or licensee.

    2.  The decision may include an order refusing, revoking or suspending the license applied for or held by the respondent, or fixing such other conditional and probationary orders as may be proper for the enforcement of [NRS 584.325 to 584.690, inclusive.] this chapter.

    3.  After any decision, including any conditional or probationary orders, should the respondent fail, refuse or neglect to comply with any such orders, the commission may suspend or revoke the license in accordance with the procedure provided in this section.

    4.  Previous violation by any applicant or by any person connected with the applicant of any provision of [NRS 584.325 to 584.690, inclusive, shall be good and sufficient] this chapter is ground for denial, revocation or suspension of a license.

    Sec. 55.  NRS 439.240 is hereby amended to read as follows:

    439.240  1.  The University of Nevada School of Medicine shall maintain the state hygienic laboratory, heretofore established pursuant to the provisions of chapter 230, Statutes of Nevada 1909, and may establish and maintain such branch laboratories as may be necessary.

    2.  The purpose of the state hygienic laboratory is:

    (a) To make available, at such charges as may be [determined upon,] established, to health officials , the state dairy commission and licensed physicians of the state , proper laboratory facilities for the prompt diagnosis of communicable diseases.


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2001 Statutes of Nevada, Page 2439 (Chapter 507, SB 505)

 

    (b) To make necessary examinations and analyses of water, natural ice, sewage, milk, food and clinical material.

    (c) To conduct research into the nature, cause, diagnosis and control of diseases.

    (d) To undertake such other technical and laboratory duties as are in the interest of the health of the general public.

    3.  The person in charge of the state hygienic laboratory, or his designee, must be a skilled bacteriologist.

    4.  The person in charge of the state hygienic laboratory may have such technical assistants as that person, in cooperation with the University of Nevada School of Medicine, considers necessary.

    5.  Reports of investigations conducted at the state hygienic laboratory may be published from time to time in bulletins and circulars.

    Sec. 56.  NRS 439.540 is hereby amended to read as follows:

    439.540  Nothing contained in this chapter [shall] may be construed as modifying or altering the powers conferred by law upon the commissioner of food and drugs with respect to the adulteration, mislabeling or misbranding of foods, drugs, medicines and liquors, or the powers conferred by law upon the state dairy commission with respect to the weighing and testing of dairy products to prevent fraud.

    Sec. 57.  NRS 584.330 and 584.545 are hereby repealed.

    Sec. 58.  Any administrative regulations governing milk or milk products adopted by the state board of health, the commissioner of food and drugs or the health division of the department of human resources, shall be deemed to have been adopted by the state dairy commission of the department of business and industry and remain in effect until amended or repealed by the commission.

    Sec. 59.  1.  This section becomes effective upon passage and approval.

    2.  Sections 1 to 47, inclusive, and 51 to 58, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and conducting any preliminary activities necessary to carry out the provisions of this act in a timely manner, and on January 1, 2002, for all other purposes.

    3.  Sections 48, 49, and 50 of this act become effective on July 1, 2001.

________

 


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2001 Statutes of Nevada, Page 2440

 

CHAPTER 508, SB 531

Senate Bill No. 531–Committee on Natural Resources

 

CHAPTER 508

 

AN ACT relating to the Colorado River commission; changing the name of the commission to the Colorado River commission of Nevada; changing the titles of certain officers of the commission; removing the option of the executive director of the commission and the deputy executive director of the commission to engage, under certain circumstances, in a business or occupation or hold another office for profit that is in addition to their employment with the commission; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 538.041 is hereby amended to read as follows:

    538.041  As used in NRS 538.041 to 538.251, inclusive, unless the context otherwise requires:

    1.  “Colorado River” means the Colorado River and all of the tributaries of the river.

    2.  “Commission” means the Colorado River commission [.] of Nevada.

    3.  “Commissioner” means a commissioner of the Colorado River commission [.] of Nevada.

    4.  [“Director”] “Executive director” means the executive director of the Colorado River commission [.] of Nevada.

    5.  “Southern Nevada Water Authority” means the political subdivision of the State of Nevada created on July 25, 1991, by a cooperative agreement entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive.

    6.  “Supplemental water” means water from any source which, if acquired, would allow water to be used consumptively from the mainstream of the Colorado River in excess of Nevada’s apportionment pursuant to the Boulder Canyon Project Act of 1928. The term does not include water from:

    (a) Lake Tahoe;

    (b) The Truckee, Carson or Walker river;

    (c) Any ground water within the State of Nevada, other than ground water within Clark County; or

    (d) Any surface water within the State of Nevada or that flows into the State of Nevada, other than the waters of the Colorado River,

unless the state engineer authorizes the transfer of that water to the Colorado River pursuant to the provisions of this chapter or chapter 532, 533 or 534 of NRS.

    7.  “Water purveyor” means a public entity created by or pursuant to the laws of this state which:

    (a) Is engaged in:

         (1) The acquisition of water on behalf of, or the delivery of water to, another water purveyor; or

         (2) The retail delivery of water in this state; and

    (b) Is not a member of another such public entity that is itself engaged in the activities described in paragraph (a).


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2001 Statutes of Nevada, Page 2441 (Chapter 508, SB 531)

 

    Sec. 2.  NRS 538.051 is hereby amended to read as follows:

    538.051  The Colorado River commission [,] of Nevada, consisting of seven members, is hereby created. Four members must be appointed by the governor. Three members must be appointed by the board of directors of the Southern Nevada Water Authority. The governor shall designate one of his appointees to serve as chairman of the commission.

    Sec. 3.  NRS 538.101 is hereby amended to read as follows:

    538.101  1.  While engaged in official business of the commission, each commissioner appointed by the governor is entitled to receive a salary of not more than $80 per day, as fixed by the commission.

    2.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

    3.  The executive director or an employee of the commission designated by the executive director shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioners, and shall submit them for payment in the same manner as all other state claims. The bills and claims must be paid from the Colorado River commission fund or any other fund administered by the commission and designated to be used for those expenses by the executive director.

    4.  The commission shall provide its members who are appointed by the governor with industrial insurance through a private carrier authorized to provide industrial insurance in this state and shall budget and pay for the premiums for that insurance.

    Sec. 4.  NRS 538.111 is hereby amended to read as follows:

    538.111  At the first meeting of the commission in each calendar year, the commission shall select the vice chairman for the ensuing calendar year. The executive director shall provide necessary secretarial service for the commission.

    Sec. 5.  NRS 538.121 is hereby amended to read as follows:

    538.121  The principal place of business of the commission must be in Clark County, as particularly determined by the executive director.

    Sec. 6.  NRS 538.131 is hereby amended to read as follows:

    538.131  1.  The commissioners shall meet at such times and in such places as are designated by the chairman; but a majority of the commissioners may call a meeting of the commission at any time and place designated by them in a written notice thereof given all commissioners as provided in this subsection. Except in cases of an emergency, written notice of all meetings must be given to each commissioner by the executive director at least 3 working days before each meeting. Every notice must include information concerning the time, location and agenda for the meeting. A meeting of the commission must be held at least quarterly.

    2.  A majority of the commissioners constitute a quorum for the transaction of business.

    3.  As used in this section, “emergency” means any unforeseen circumstance which requires immediate action by the commission and includes:

    (a) Any disaster caused by a fire, flood, earthquake or other natural cause; or

    (b) Any circumstance which impairs the health and safety of the public.


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2001 Statutes of Nevada, Page 2442 (Chapter 508, SB 531)

 

    Sec. 7.  NRS 538.133 is hereby amended to read as follows:

    538.133  1.  The commission shall appoint [a] an executive director.

    2.  The executive director [is] :

    (a) Is in the unclassified service of the state [.

    3.  Except as otherwise provided in NRS 284.143, the director shall] ;

    (b) Serves at the pleasure of the commission; and

    (c) Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

    Sec. 8.  NRS 538.135 is hereby amended to read as follows:

    538.135  The executive director:

    1.  Is responsible for administering and carrying out the policies of the commission.

    2.  Shall direct and supervise all the technical and administrative activities of the commission.

    3.  Shall report to the commission all relevant and important matters concerning the administration of his office. He is subject to the supervision of the commission and is responsible, unless otherwise provided by law, for the conduct of the administrative function of the commission’s office.

    4.  Shall perform any lawful act which he considers necessary or desirable to carry out the purposes and provisions of [this chapter,] NRS 321.480 to 321.536, inclusive, and 538.010 to 538.251, inclusive, and any other provisions of law relating to the powers and duties of the commission.

    Sec. 9.  NRS 538.137 is hereby amended to read as follows:

    538.137  1.  The executive director shall appoint a deputy executive director and shall designate his duties.

    2.  The deputy executive director of the commission [is] :

    (a) Is in the unclassified service of the state [.

    3.  Except as otherwise provided in NRS 284.143, the deputy director shall] ; and

    (b) Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

    Sec. 10.  NRS 538.141 is hereby amended to read as follows:

    538.141  The executive director shall , within the limits of available money, employ such assistants and employees as may be necessary to carry out his functions and duties. The assistants and employees have such duties as may be prescribed by the executive director.

    Sec. 11.  NRS 538.211 is hereby amended to read as follows:

    538.211  [1.  The faith and credit of the State of Nevada hereby is irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state, in any contract entered into on or before January 1, 1996, with the United States of America relating to the Robert B. Griffith Water Project.

    2.] If the State of Nevada must purchase or otherwise acquire property, or compensate for damage to property, for use in the transmission and distribution of water or electrical power, the faith and credit of the State of Nevada hereby is irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the state, in any contract entered into before, on or after July 1, 1981, pursuant to NRS 538.161 and 538.186.


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2001 Statutes of Nevada, Page 2443 (Chapter 508, SB 531)

 

contract entered into before, on or after July 1, 1981, pursuant to NRS 538.161 and 538.186.

    Sec. 12.  NRS 543.550 is hereby amended to read as follows:

    543.550  1.  There is hereby granted to a district the right of way for the construction and maintenance of floodways, ditches, waterways, conduits, canals, dikes, embankments, basins for retention or detention of water and protective works in, over and across public lands of the State of Nevada not otherwise disposed of or in use, but not in any case exceeding the length or width necessary for the construction of those works and adjuncts or for the protection thereof.

    2.  Whenever any selection of right of way for those works or adjuncts is made by the district, the board shall transmit to the division of state lands of the state department of conservation and natural resources and any other agency or entity of the state owning land in the area, including the University and Community College System of Nevada [,] and the Colorado River [Commission,] commission of Nevada, and to the county recorder of the county in which the selected lands are situated a plat of the lands so selected, giving the extent thereof and the uses for which they are claimed or desired, verified to be correct.

    3.  If the division of state lands of the state department of conservation and natural resources approves the selection so made, it must be endorsed upon the plat and a permit must be issued to use the rights of way and land.

    Sec. 13.  NRS 321.490 is hereby amended to read as follows:

    321.490  1.  As used in NRS 321.480 to 321.536, inclusive, unless the context otherwise requires:

    (a) “Commission” means the Colorado River commission [.] of Nevada.

    (b) “Development” and “develop” include the:

         (1) Preparation of a proposal, plans for a subdivision, plans for a zoning district or zoning regulations, or any other acts in conformance with chapters 278 and 278A of NRS and any local master plans, regulations and ordinances governing the improvement or use of land or the location and construction of structures;

         (2) Planning, design, construction or any other act necessary to acquire, extend, alter, reconstruct, repair or make other improvements to a project; and

         (3) Solicitation, consideration and approval of proposals for the use of land,

in the Fort Mohave Valley.

    2.  As used in this section, “project” means any structure, facility, undertaking or system which a county, city, town, general improvement district or special district is authorized to acquire, improve, equip, maintain or operate, including all kinds of personal and real property, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.

    Sec. 14.  NRS 349.225 is hereby amended to read as follows:

    349.225  Except for bonds issued by the Colorado River commission of Nevada which are additionally supported by pledged revenues of a project, any general obligation bond authorized on the behalf and in the name of the state is subject to the review and approval of the state board of finance, unless otherwise provided by statute.


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2001 Statutes of Nevada, Page 2444 (Chapter 508, SB 531)

 

    Sec. 15.  NRS 353A.020 is hereby amended to read as follows:

    353A.020  1.  The director, in consultation with the committee and legislative auditor, shall adopt a uniform system of internal accounting and administrative control for agencies. The elements of the system must include, without limitation:

    (a) A plan of organization which provides for a segregation of duties appropriate to safeguard the assets of the agency;

    (b) A plan which limits access to assets of the agency to persons who need the assets to perform their assigned duties;

    (c) Procedures for authorizations and recordkeeping which effectively control accounting of assets, liabilities, revenues and expenses;

    (d) A system of practices to be followed in the performance of the duties and functions of each agency; and

    (e) An effective system of internal review.

    2.  The director, in consultation with the committee and legislative auditor, may modify the system whenever he considers it necessary.

    3.  Each agency shall develop written procedures to carry out the system of internal accounting and administrative control adopted pursuant to this section.

    4.  For the purposes of this section, “agency” does not include:

    (a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

    (b) The University and Community College System of Nevada.

    (c) The public employees’ retirement system.

    (d) The housing division of the department of business and industry.

    (e) The Colorado River [Commission.] commission of Nevada.

    Sec. 16.  NRS 353A.025 is hereby amended to read as follows:

    353A.025  1.  The head of each agency shall periodically review the agency’s system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.

    2.  On or before July 1 of each even-numbered year, the head of each agency shall report to the director whether the agency’s system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the legislature.

    3.  For the purposes of this section, “agency” does not include:

    (a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

    (b) The University and Community College System of Nevada.

    (c) The public employees’ retirement system.

    (d) The housing division of the department of business and industry.

    (e) The Colorado River [Commission.] commission of Nevada.

    4.  The director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:

    (a) Director of the legislative counsel bureau for transmittal to the:

         (1) Senate standing committee on finance; and

         (2) Assembly standing committee on ways and means;

    (b) Governor; and

    (c) Legislative auditor.


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2001 Statutes of Nevada, Page 2445 (Chapter 508, SB 531)

 

    5.  The report submitted by the director pursuant to subsection 4 must include, without limitation:

    (a) The identification of each agency that has not complied with the requirements of subsections 1 and 2;

    (b) The identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and

    (c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.

    Sec. 17.  Sections 2 and 3 of Senate Bill No. 561 of this session are hereby amended to read as follows:

    Sec. 2.  NRS 353A.020 is hereby amended to read as follows:

    353A.020  1.  The director, in consultation with the committee and legislative auditor, shall adopt a uniform system of internal accounting and administrative control for agencies. The elements of the system must include, without limitation:

    (a) A plan of organization which provides for a segregation of duties appropriate to safeguard the assets of the agency;

    (b) A plan which limits access to assets of the agency to persons who need the assets to perform their assigned duties;

    (c) Procedures for authorizations and recordkeeping which effectively control accounting of assets, liabilities, revenues and expenses;

    (d) A system of practices to be followed in the performance of the duties and functions of each agency; and

    (e) An effective system of internal review.

    2.  The director, in consultation with the committee and legislative auditor, may modify the system whenever he considers it necessary.

    3.  Each agency shall develop written procedures to carry out the system of internal accounting and administrative control adopted pursuant to this section.

    4.  For the purposes of this section, “agency” does not include:

    (a) A board [or commission] created by the provisions of chapters 623 to [625,] 625A, inclusive, 628 , 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS.

    (b) The University and Community College System of Nevada.

    (c) The public employees’ retirement system.

    (d) The housing division of the department of business and industry.

    (e) The Colorado River commission of Nevada.

    Sec. 3.  NRS 353A.025 is hereby amended to read as follows:

353A.025  1.  The head of each agency shall periodically review the agency’s system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.

    2.  On or before July 1 of each even-numbered year, the head of each agency shall report to the director whether the agency’s system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the legislature.


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2001 Statutes of Nevada, Page 2446 (Chapter 508, SB 531)

 

    3.  For the purposes of this section, “agency” does not include:

    (a) A board [or commission] created by the provisions of chapters 623 to [625,] 625A, inclusive, 628 , 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS.

    (b) The University and Community College System of Nevada.

    (c) The public employees’ retirement system.

    (d) The housing division of the department of business and industry.

    (e) The Colorado River commission of Nevada.

    4.  The director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:

    (a) Director of the legislative counsel bureau for transmittal to the:

         (1) Senate standing committee on finance; and

         (2) Assembly standing committee on ways and means;

    (b) Governor; and

    (c) Legislative auditor.

    5.  The report submitted by the director pursuant to subsection 4 must include, without limitation:

    (a) The identification of each agency that has not complied with the requirements of subsections 1 and 2;

    (b) The identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and

    (c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.

    Sec. 18.  This act becomes effective upon passage and approval.

    Sec. 19.  The Legislative Counsel shall:

    1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

    2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

________

 


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2001 Statutes of Nevada, Page 2447

 

CHAPTER 509, AB 48

Assembly Bill No. 48–Committee on Commerce and Labor

 

CHAPTER 509

 

AN ACT relating to industrial insurance; providing a definition of “policy year” for the purpose of industrial insurance; requiring that the assessments payable by private carriers to support the uninsured employers’ claim fund, the subsequent injury fund for private carriers and the fund for workers’ compensation and safety be based upon expected annual premiums to be received by private carriers; specifying the circumstances under which a policy of industrial insurance may exclude coverage for certain employees covered by a consolidated insurance program; allowing certain employers to report information concerning tips received by their employees by a computerized program or process; revising the criteria for the assessment rates for the subsequent injury fund for self-insured employers and associations of self-insured public or private employers; authorizing a private carrier to require a sole proprietor seeking coverage to submit to a physical examination; eliminating the requirement that unpaid premiums bear interest at the rate of 1 percent monthly; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 616A of NRS is hereby amended by adding thereto a new section to read as follows:

    “Policy year” means the 12-month period during which a policy of industrial insurance is effective.

    Sec. 2.  NRS 616A.025 is hereby amended to read as follows:

    616A.025  As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 616A.430 is hereby amended to read as follows:

    616A.430  1.  There is hereby established as a special revenue fund in the state treasury the uninsured employers’ claim fund, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616C.220 and 617.401. The administrator shall administer the fund and shall credit any excess money toward the assessments of the insurers for the succeeding years.

    2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the uninsured employers’ claim fund must be delivered to the custody of the state treasurer.

    3.  All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation.

    4.  The state treasurer may disburse money from the fund only upon written order of the state 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 money of the state general fund. Income realized from the investment of the assets of the fund must be credited to the fund.

    6.  The administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount to be deposited in the uninsured employers’ claim fund.


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2001 Statutes of Nevada, Page 2448 (Chapter 509, AB 48)

 

claim fund. To establish the amount of the assessment, the administrator shall determine the amount of money necessary to maintain an appropriate balance in the fund for each fiscal year and shall allocate a portion of that amount to be payable by private carriers, a portion to be payable by self-insured employers, a portion to be payable by associations of self-insured public or private employers and a portion to be payable by the employers who provide accident benefits pursuant to NRS 616C.265, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable, the administrator shall apply an assessment rate to the:

    (a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;

    (b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;

    (c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and

    (d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflects the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.

The administrator shall adopt regulations for the establishment and administration of the assessment rates, payments and any penalties [, based upon expected annual expenditures for claims. Assessment rates must reflect the relative hazard of the employments covered by the insurers, and must be based upon expected annual expenditures for claims.] that the administrator determines are necessary to carry out the provisions of this subsection. As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.

    7.  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 who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

    Sec. 4.  NRS 616B.031 is hereby amended to read as follows:

616B.031  [An]

    1.  Except as otherwise provided in subsection 2, an insurer shall not issue a policy of industrial insurance to an employer that does not cover each employee of that employer who satisfies the definition of employee set forth in NRS 616A.105 to 616A.225, inclusive.

    2.  If the employer is a contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program established pursuant to NRS 616B.710 to 616B.737, inclusive, an insurer may issue a policy of industrial insurance to that employer which does not cover an employee who:

    (a) Is assigned to participate in the construction of the project that is covered by the consolidated insurance program; and


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2001 Statutes of Nevada, Page 2449 (Chapter 509, AB 48)

 

    (b) Works exclusively at the site of the construction project that is covered by the consolidated insurance program.

    Sec. 5.  NRS 616B.222 is hereby amended to read as follows:

    616B.222  To determine the total amount paid to employees for services performed, the maximum amount paid to any one employee during [the year in which] a policy [of industrial insurance is effective] year shall be deemed to be $36,000.

    Sec. 6.  NRS 616B.227 is hereby amended to read as follows:

    616B.227  1.  [An] Except as otherwise provided in subsection 2, an employer shall:

    (a) Make a copy of each report that an employee files with the employer pursuant to 26 U.S.C. ง 6053(a) to report the amount of his tips to the United States Internal Revenue Service; and

    (b) Submit the copy to his private carrier upon request and retain another copy for his records or, if the employer is self-insured or a member of an association of self-insured public or private employers, retain the copy for his records . [; and

    (c) If he]

    2.  An employer who maintains his records concerning payroll by a computerized program or process that can produce a report on all employees which indicates:

    (a) The amount of tips reported by each employee pursuant to 26 U.S.C. ง 6053(a); or

    (b) The amount of tips allocated to each employee pursuant to a formula applied by the employer, whether by agreement of the employees or by imposition of the employer,

may satisfy the requirements of subsection 1 by submitting a copy of the report to his private carrier and maintaining another copy of the report for his records.

    3.  An employer who is not self-insured or a member of an association of self-insured public or private employers [,] shall pay the private carrier the premiums for the reported tips at the same rate as he pays on regular wages.

    [2.  The division shall adopt regulations specifying the form of the declaration required pursuant to subsection 1.

    3.] 4.  The private carrier, self-insured employer or association of self-insured public or private employers shall calculate compensation for an employee on the basis of wages paid by the employer plus the amount of tips reported by the employee pursuant to 26 U.S.C. ง [6053.] 6053(a). Reports made after the date of injury may not be used for the calculation of compensation.

    [4.] 5.  An employer shall notify his employees of the requirement to report income from tips to calculate his federal income tax and to include the income in the computation of benefits pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS.

    [5.] 6.  The administrator shall adopt such regulations as are necessary to carry out the provisions of this section.

    Sec. 7.  NRS 616B.554 is hereby amended to read as follows:

    616B.554  1.  There is hereby established as a special revenue fund in the state treasury the subsequent injury fund for self-insured employers, which may be used only to make payments in accordance with the provisions of NRS 616B.557 and 616B.560. The board shall administer the fund based upon recommendations made by the administrator pursuant to subsection 8.


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2001 Statutes of Nevada, Page 2450 (Chapter 509, AB 48)

 

    2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury fund for self-insured employers must be delivered to the custody of the state treasurer.

    3.  All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees of self-insured employers.

    4.  The state treasurer may disburse money from the fund only upon written order of the board.

    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 board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must [reflect the relative hazard of the employments covered by] result in an equitable distribution of costs among the self-insured employers [,] and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for self-insured employers.

    7.  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 self-insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

    8.  The administrator shall:

    (a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury fund for self-insured employers and recommend to the board any appropriate action to be taken concerning the claim; and

    (b) Submit to the board any other recommendations relating to the fund.

    Sec. 8.  NRS 616B.575 is hereby amended to read as follows:

    616B.575  1.  There is hereby established as a special revenue fund in the state treasury the subsequent injury fund for associations of self-insured public or private employers, which may be used only to make payments in accordance with the provisions of NRS 616B.578 and 616B.581. The board shall administer the fund based upon recommendations made by the administrator pursuant to subsection 8.

    2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury fund for associations of self-insured public or private employers must be delivered to the custody of the state treasurer.

    3.  All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees of members of associations of self-insured public or private employers.

    4.  The state treasurer may disburse money from the fund only upon written order of the board.

    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.


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2001 Statutes of Nevada, Page 2451 (Chapter 509, AB 48)

 

    6.  The board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must [reflect the relative hazard of the employments covered by] result in an equitable distribution of costs among the associations of self-insured public or private employers [,] and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for associations of self-insured public or private employers.

    7.  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 association of self-insured public or private employers that wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

    8.  The administrator shall:

    (a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury fund for associations of self-insured public or private employers and recommend to the board any appropriate action to be taken concerning the claim; and

    (b) Submit to the board any other recommendations relating to the fund.

    Sec. 9.  NRS 616B.584 is hereby amended to read as follows:

    616B.584  1.  There is hereby established as a special revenue fund in the state treasury the subsequent injury fund for private carriers, which may be used only to make payments in accordance with the provisions of NRS 616B.587 and 616B.590. The administrator shall administer the fund.

    2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund for private carriers must be delivered to the custody of the state treasurer.

    3.  All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees whose employers are insured by private carriers.

    4.  The state treasurer may disburse money from the fund only upon written order of the state 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 administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by private carriers , must result in an equitable distribution of costs among the private carriers and must be based upon expected annual [expenditures for claims for payments from the subsequent injury fund for private carriers.] premiums to be received.

    7.  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 private carrier who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

    Sec. 10.  NRS 616B.624 is hereby amended to read as follows:

    616B.624  1.  If a quasi-public or private corporation or a limited-liability company is required to be insured pursuant to chapters 616A to 616D, inclusive, of NRS, an officer of the corporation or a manager of the company who:


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2001 Statutes of Nevada, Page 2452 (Chapter 509, AB 48)

 

    (a) Receives pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $6,000 per policy year [the policy of industrial insurance for the employer is effective] and a maximum pay of $36,000 per policy year . [the policy of industrial insurance is effective.]

    (b) Does not receive pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $500 per month or $6,000 per policy year . [the policy of industrial insurance is effective.]

    2.  An officer or manager who does not receive pay for services performed as an officer, manager or employee of the corporation or company may elect to reject coverage for himself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.

    3.  An officer or manager of such a corporation or company who:

    (a) Owns the corporation or company;

    (b) Operates the corporation or company exclusively from his primary residence; and

    (c) Receives pay for the services performed,

may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.

    4.  An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer. Except as otherwise provided in subsection 3, if an officer or manager who has rejected coverage receives pay for services performed as an officer, manager or employee of the corporation or company, the officer or manager shall be deemed to have rescinded that rejection.

    5.  A nonprofit corporation whose officers do not receive pay for services performed as officers or employees of the corporation may elect to reject coverage for its current officers and all future officers who do not receive such pay by filing written notice thereof with the corporation and the insurer. The rejection is effective upon receipt of the notice by the insurer.

    6.  A nonprofit corporation which has rejected coverage for its officers who do not receive pay for services performed as officers or employees of the corporation may rescind that rejection by filing written notice thereof with the corporation and the insurer. The rescission is effective upon receipt of the notice by the insurer. If an officer of a nonprofit corporation which has rejected coverage receives pay for services performed as an officer or employee of the corporation, the corporation shall be deemed to have rescinded that rejection.

    Sec. 11.  NRS 616B.659 is hereby amended to read as follows:

    616B.659  1.  A sole proprietor may elect to be included within the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS to secure for himself compensation equivalent to that to which an employee is entitled for any accidental injury sustained by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the administrator and a private carrier.


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2001 Statutes of Nevada, Page 2453 (Chapter 509, AB 48)

 

    2.  A private carrier may require a sole proprietor who elects to accept the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS [shall] to submit to a physical examination before his coverage commences. [The] If a private carrier requires such a physical examination, the private carrier shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor.

    3.  A sole proprietor who elects to submit to the provisions of chapters 616A to 616D, inclusive, of NRS shall pay to the private carrier premiums in such manner and amounts as may be prescribed by the regulations of the commissioner.

    4.  If a sole proprietor fails to pay all premiums required by the regulations of the commissioner, the failure operates as a rejection of chapters 616A to 616D, inclusive, of NRS.

    5.  A sole proprietor who elects to be included pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS remains subject to all terms, conditions and provisions of those chapters and all regulations of the commissioner until he files written notice with the administrator and the private carrier that he withdraws his election.

    6.  For the purposes of chapters 616A to 616D, inclusive, of NRS, a sole proprietor shall be deemed to be receiving a wage of $300 per month unless, at least 90 days before any injury for which he requests coverage, he files written notice with the administrator and the private carrier that he elects to pay an additional amount of premiums for additional coverage. If the private carrier receives the additional premiums it requires for such additional coverage, the sole proprietor shall be deemed to be receiving a wage of $1,800 per month.

    Sec. 12.  NRS 616B.730 is hereby amended to read as follows:

    616B.730  1.  A consolidated insurance program must not provide industrial insurance coverage, a comprehensive program of safety or for the administration of claims for industrial insurance for an employee of a contractor or subcontractor who is engaged in the construction of the project that is covered by the consolidated insurance program at any time that such an employee does not work at the site of the construction project.

    2.  A contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program shall maintain separate industrial insurance coverage for its employees who:

    (a) Are not assigned to participate in the construction of the project; or

    (b) Are assigned to participate in the construction of the project but who do not work exclusively at the site of the project.

    3.  The owner or principal contractor of a construction project shall reimburse a contractor or subcontractor who bids successfully on the construction project for the cost of providing separate industrial insurance coverage for an employee if:

    (a) The contractor or subcontractor set the amount of his bid in a reasonable, good faith belief that the employee would work exclusively at the site of the construction project and would therefore be fully covered by the consolidated insurance program; and

    (b) Because of changed circumstances not reasonably foreseeable at the time the bid was submitted, the employee worked in whole or in part at a location other than the site of the construction project, requiring the contractor or subcontractor to obtain separate industrial insurance coverage for that employee.


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2001 Statutes of Nevada, Page 2454 (Chapter 509, AB 48)

 

contractor or subcontractor to obtain separate industrial insurance coverage for that employee.

    Sec. 13.  NRS 616C.265 is hereby amended to read as follows:

    616C.265  1.  Except as otherwise provided in NRS 616C.280, every employer operating under chapters 616A to 616D, inclusive, of NRS, alone or together with other employers, may make arrangements to provide accident benefits as defined in those chapters 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 division of his actual and expected annual expenditures for claims and such other information as the division deems necessary to calculate an estimated or final annual assessment [.] and shall, to the extent that the regulations refer to the responsibility of insurers to make such reports, be deemed to be an insurer.

    (b) Shall [be deemed to be an insurer for the purposes of] pay the assessments collected pursuant to NRS 232.680 and [the regulations adopted by the division pursuant to that section.] 616A.430.

    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;

    (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 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.

    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 616C.090. 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.

    7.  Every employer who fails to notify the administrator of such election and arrangements, or who fails to render the financial reports required, is liable for accident benefits as provided by NRS 616C.255.


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2001 Statutes of Nevada, Page 2455 (Chapter 509, AB 48)

 

    Sec. 14.  NRS 616D.120 is hereby amended to read as follows:

    616D.120  1.  Except as otherwise provided in this section, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:

    (a) Through fraud, coercion, duress or undue influence:

         (1) Induced a claimant to fail to report an accidental injury or occupational disease;

         (2) Persuaded a claimant to settle for an amount which is less than reasonable;

         (3) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending; or

         (4) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;

    (b) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:

         (1) Later than 10 days after the date of the settlement agreement or stipulation;

         (2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or division, unless a stay has been granted; or

         (3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or division has been lifted;

    (c) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

    (d) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

    (e) Failed to comply with the division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;

    (f) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; or

    (g) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,

the administrator shall impose an administrative fine of $1,000 for each initial violation, or a fine of $10,000 for a second or subsequent violation.

    2.  Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the administrator may take any of the following actions:


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2001 Statutes of Nevada, Page 2456 (Chapter 509, AB 48)

 

    (a) Issue a notice of correction for:

         (1) A minor violation, as defined by regulations adopted by the division; or

         (2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.

The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.

    (b) Impose an administrative fine for:

         (1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or

         (2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).

The fine imposed may not be greater than $250 for an initial violation, or more than $1,000 for any second or subsequent violation.

    (c) Order a plan of corrective action to be submitted to the administrator within 30 days after the date of the order.

    3.  If the administrator determines that a violation of any of the provisions of paragraphs (a) to (d), inclusive, of subsection 1 has occurred, the administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty in an amount that is not less than $5,000 and not greater than $25,000. To determine the amount of the benefit penalty, the administrator shall consider the degree of physical harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) or (d) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties previously imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer pursuant to this section. If this is the third violation within 5 years for which a benefit penalty has been imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer, the administrator shall also consider the degree of economic harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) or (d) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the administrator’s determination. If the claimant is the injured employee and he dies before the benefit penalty is paid to him, the benefit penalty must be paid to his estate. Proof of the payment of the benefit penalty must be submitted to the administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.


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2001 Statutes of Nevada, Page 2457 (Chapter 509, AB 48)

 

    4.  In addition to any fine or benefit penalty imposed pursuant to this section, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment , an administrative penalty of up to twice the amount of any underpaid assessment.

    5.  If:

    (a) The administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and

    (b) The fraud control unit for industrial insurance established pursuant to NRS 228.420 notifies the administrator that the unit will not prosecute the person for that violation,

the administrator shall impose an administrative fine of not more than $10,000.

    6.  Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the withdrawal of:

    (a) A certificate to act as a self-insured employer.

    (b) A certificate to act as an association of self-insured public or private employers.

    (c) A certificate of registration as a third-party administrator.

    7.  The commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.

    Sec. 15.  NRS 617.207 is hereby amended to read as follows:

    617.207  1.  If a quasi-public or private corporation or limited-liability company is required to be insured pursuant to this chapter, an officer of the corporation or a manager of the company who:

    (a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per policy year [the policy of industrial insurance for the employer is effective] and a maximum pay of $36,000 per policy year . [the policy of industrial insurance if effective.]

    (b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per policy year . [the policy of industrial insurance is effective.]

    2.  An officer or manager who does not receive pay for services performed may elect to reject coverage for himself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.

    3.  An officer or manager of such a corporation or company who:

    (a) Owns the corporation or company;

    (b) Operates the corporation or company exclusively from his primary residence; and

    (c) Receives pay for the services performed,

may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.


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2001 Statutes of Nevada, Page 2458 (Chapter 509, AB 48)

 

    4.  An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer.

    Sec. 16.  NRS 617.225 is hereby amended to read as follows:

    617.225  1.  A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter to secure for himself compensation equivalent to that to which an employee is entitled for any occupational disease contracted by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the administrator and a private carrier.

    2.  A private carrier may require a sole proprietor who elects to accept the terms, conditions and provisions of this chapter [shall] to submit to a physical examination by a physician selected by the private carrier before the commencement of coverage and on a yearly basis thereafter. [The] If a private carrier requires such a physical examination, the private carrier shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor.

    3.  A sole proprietor who elects to submit to the provisions of this chapter shall pay to the private carrier premiums in such manner and amounts as may be prescribed by the regulations of the commissioner.

    4.  If a sole proprietor fails to pay all premiums required by the regulations of the commissioner, the failure operates as a rejection of this chapter.

    5.  A sole proprietor who elects to be included under the provisions of this chapter remains subject to all terms, conditions and provisions of this chapter and all regulations of the commissioner until he files a written notice with the private carrier and the administrator that he withdraws his election.

    6.  For purposes of this chapter, a sole proprietor shall be deemed to be an employee receiving a wage of $300 per month.

    Sec. 17.  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 division, a full-time employee of the legislative counsel bureau, the fraud control unit for industrial insurance established pursuant to NRS 228.420 and the legislative committee on workers’ compensation created pursuant to NRS 218.5375, and that portion of the cost of the office for consumer health assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers’ compensation, must be paid from assessments payable by each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265 . [,]

    2.  The administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265. To establish the amount of the assessment, the administrator shall determine the amount of money necessary for each of the expenses set forth in subsections 1 and 4 of this section and subsection 3 of NRS 616A.425 and determine the amount that is payable by the private carriers, the self-insured employers, the associations of self-insured public or private employers and the employers who provide accident benefits pursuant to NRS 616C.265 for each of the programs. For the expenses from which more than one group of insurers receives benefit, the administrator shall allocate a portion of the amount necessary for that expense to be payable by each of the relevant group of insurers, based upon the expected annual expenditures for claims of each group of insurers.


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2001 Statutes of Nevada, Page 2459 (Chapter 509, AB 48)

 

administrator shall allocate a portion of the amount necessary for that expense to be payable by each of the relevant group of insurers, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable among each group of insurers for all the expenses from which each group receives benefit, the administrator shall apply an assessment rate to the:

    (a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;

    (b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;

    (c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and

    (d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflect the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims . [for injuries occurring on or after July 1, 1999. The division]

The administrator 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. The formulas may utilize] the formula for the assessment and for the administration of payment, and any penalties that the administrator determines are necessary to carry out the provisions of this subsection. The formula may use actual expenditures for claims.

    [2.]  As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.

    3.  Federal grants may partially defray the costs of the division.

    [3.] 4.  Assessments made against insurers by the division after the adoption of regulations must be used to defray all costs and expenses of administering the program of workers’ compensation, including the payment of:

    (a) All salaries and other expenses in administering the division, including the costs of the office and staff of the administrator.

    (b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, 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) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.

    (d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420.

    (e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.


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2001 Statutes of Nevada, Page 2460 (Chapter 509, AB 48)

 

    (f) All salaries and expenses of the members of the legislative committee on workers’ compensation and any other expenses incurred by the committee in carrying out its duties pursuant to NRS 218.5375 to 218.5378, inclusive.

    (g) That portion of the salaries and other expenses of the office for consumer health assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.

    Sec. 18.  NRS 616B.236 is hereby repealed.

    Sec. 19.  1.  This section and sections 1 to 9, inclusive, 11 to 14, inclusive, and 16, 17 and 18 of this act become effective on July 1, 2001.

    2.  Sections 10 and 15 of this act become effective at 12:01 a.m. on July 1, 2001.

________

 

CHAPTER 510, AB 250

Assembly Bill No. 250–Assemblymen Leslie, McClain, Manendo, Anderson, Freeman, Koivisto, Parnell, Smith, Tiffany and Williams

 

Joint Sponsor: Senator Care

 

CHAPTER 510

 

AN ACT relating to health care; requiring hearing screenings for newborn children or referrals for such screenings; providing exceptions; establishing the duties of hospitals and obstetric centers concerning the provision of hearing screenings; requiring the state board of health to adopt certain regulations; requiring the health division of the department of human resources to create brochures concerning hearing screenings of newborn children for distribution to the parents and legal guardians of newborn children; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Hearing screening” means a test or battery of tests administered to determine the need for an in-depth hearing diagnostic evaluation.

    Sec. 4.  “Hospital” has the meaning ascribed to it in NRS 449.012.

    Sec. 5.  “Provider of hearing screenings” means a health care provider who, within the scope of his license or certificate, provides for hearing screenings of newborn children in accordance with sections 2 to 11, inclusive, of this act. The term includes a licensed audiologist, a licensed physician or an appropriately supervised person who has documentation that demonstrates to the state board of health that he has completed training specifically for conducting hearing screenings of newborn children.


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2001 Statutes of Nevada, Page 2461 (Chapter 510, AB 250)

 

    Sec. 6.  1.  Except as otherwise provided in this section and section 8 of this act, a licensed hospital in this state that provides services for maternity care and the care of newborn children and a licensed obstetric center in this state shall not discharge a newborn child who was born in the facility until the newborn child has undergone a hearing screening for the detection of hearing loss to prevent the consequences of unidentified disorders, or has been referred for such a hearing screening.

    2.  The requirements of subsection 1 do not apply to a hospital in which fewer than 500 childbirths occur annually.

    3.  The state board of health shall adopt such regulations as are necessary to carry out the provisions of sections 2 to 11, inclusive, of this act.

    Sec. 7.  1.  A hearing screening required by section 6 of this act must be conducted by a provider of hearing screenings.

    2.  A licensed hospital and a licensed obstetric center shall hire, contract with or enter into a written memorandum of understanding with a provider of hearing screenings to:

    (a) Conduct a program for hearing screenings on newborn children in accordance with sections 2 to 11, inclusive, of this act;

    (b) Provide appropriate training for the staff of the hospital or obstetric center;

    (c) Render appropriate recommendations concerning the program for hearing screenings; and

    (d) Coordinate appropriate follow-up services.

    3.  Not later than 24 hours after a hearing screening is conducted on a newborn child, appropriate documentation concerning the hearing screening, including, without limitation, results, interpretations and recommendations, must be placed in the medical file of the newborn child.

    4.  A licensed hospital and a licensed obstetric center shall annually prepare and submit to the health division a written report concerning hearing screenings of newborn children in accordance with regulations adopted by the state board of health. The report must include, without limitation, the number of newborn children screened and the results of the screenings.

    5.  The health division shall annually prepare and submit to the governor a written report relating to hearing tests for newborn children. The written report must include, without limitation:

    (a) A summary of the results of hearing screenings administered to newborn children and any other related information submitted in accordance with the regulations of the state board of health;

    (b) An analysis of the effectiveness of the provisions of sections 2 to 11, inclusive, of this act in identifying loss of hearing in newborn children; and

    (c) Any related recommendations for legislation.

    Sec. 8.  A newborn child may be discharged from the licensed hospital or obstetric center in which he was born without having undergone a required hearing screening or having been referred for a hearing screening if a parent or legal guardian of the newborn child objects in writing to the hearing screening. The hospital or obstetric center shall place the written objection of the parent or legal guardian to the hearing screening in the medical file of the newborn child.


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2001 Statutes of Nevada, Page 2462 (Chapter 510, AB 250)

 

    Sec. 9.  If a hearing screening conducted pursuant to section 6 of this act indicates that a newborn child may have a hearing loss, the physician attending to the newborn child shall recommend to the parent or legal guardian of the newborn child that the newborn child receive an in-depth hearing diagnostic evaluation.

    Sec. 10.  A licensed hospital and a licensed obstetric center shall formally designate a lead physician or audiologist to be responsible for:

    1.  The administration of the program for conducting hearing screenings of newborn children; and

    2.  Monitoring the scoring and interpretation of the test results of the hearing screenings.

    Sec. 11.  1.  The health division shall create written brochures that use terms which are easily understandable to a parent or legal guardian of a newborn child and include, without limitation:

    (a) Information concerning the importance of screening the hearing of a newborn child; and

    (b) A description of the normal development of auditory processes, speech and language in children.

    2.  The health division shall provide the brochures created pursuant to subsection 1 to each licensed hospital and each licensed obstetric center in this state. These facilities shall provide the brochures to the parents or legal guardians of a newborn child.

    Sec. 12.  (Deleted by amendment.)

    Sec. 13.  The state board of health shall adopt regulations to carry out the provisions of this act by January 1, 2002.

    Sec. 14.  1.  This section becomes effective on July 1, 2001.

    2.  Sections 1 to 13, inclusive, of this act become effective:

    (a) On July 1, 2001, for the purpose of adopting regulations by the state board of health to carry out the provisions of this act; and

    (b) On January 1, 2002, for all other purposes.

________

 


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2001 Statutes of Nevada, Page 2463

 

CHAPTER 511, AB 324

Assembly Bill No. 324–Assemblymen Goldwater, Dini, Cegavske, Parks, Manendo, Berman, Buckley, Freeman, Lee and Smith

 

CHAPTER 511

 

AN ACT relating to financial institutions; revising various provisions regarding the regulation of mortgage brokers and mortgage agents; requiring the holder of certain escrows to obtain certain information from mortgage brokers and mortgage companies; requiring mortgage brokers and mortgage agents to attend certain courses of continuing education; authorizing the commissioner of financial institutions to adopt regulations to increase certain fees for mortgage brokers in certain circumstances; revising provisions relating to certain advertisements and disclosures by mortgage brokers; revising provisions concerning certain powers of attorney; requiring mortgage brokers to register their mortgage agents with the division of financial institutions of the department of business and industry on an annual basis; requiring mortgage agents to pay an annual registration fee; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 645A.173 is hereby amended to read as follows:

    645A.173  [At the time that]

    1.  If an escrow for the sale of real property is established, the holder of the escrow shall , on the date of establishment of the escrow, record in writing the number and the date of expiration of the:

    [1.] (a) License issued pursuant to chapter 645 of NRS; or

    [2.] (b) Certificate of cooperation issued pursuant to NRS 645.605,

of any real estate broker, broker-salesman or salesman who will be paid compensation from money held in the escrow for performing the services of a real estate broker, broker-salesman or salesman in the transaction that is the subject of the escrow. The holder of the escrow is not required to verify independently the validity of the number of the license or certificate.

    2.  If an escrow for the sale of real property is established and the real property is or will be secured by a mortgage or deed of trust, the holder of the escrow shall, on the date of establishment of the escrow, record in writing the number and the date of expiration of the license issued pursuant to chapter 645B or 645E of NRS of any mortgage broker or mortgage company associated with the mortgage or deed of trust. The holder of the escrow is not required to verify independently the validity of the number of the license.

    Sec. 2.  Chapter 645B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

    Sec. 3.  “Private investor” means:

    1.  An investor who is a natural person and who provides his own money for investment in a loan secured by a lien on real property; and

    2.  Two or more investors who are relatives and who jointly provide their own money for investment in a loan secured by a lien on real property, unless the investors are acting on behalf of a partnership, a corporation or some other separate legal entity.


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2001 Statutes of Nevada, Page 2464 (Chapter 511, AB 324)

 

    Sec. 4.  1.  In addition to the requirements set forth in NRS 645B.050, to renew a license:

    (a) If the licensee is a natural person, the licensee must submit to the commissioner satisfactory proof that the licensee attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires.

    (b) If the licensee is not a natural person, the licensee must submit to the commissioner satisfactory proof that each natural person who supervises the daily business of the licensee attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires.

    2.  As used in this section, “certified course of continuing education” means a course of continuing education which relates to the mortgage industry or mortgage transactions and which is:

    (a) Certified by the National Association of Mortgage Brokers or any successor in interest to that organization; or

    (b) Certified in a manner established by the commissioner, if the National Association of Mortgage Brokers or any successor in interest to that organization ceases to exist.

    Sec. 5.  NRS 645B.010 is hereby amended to read as follows:

    645B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645B.0103 to 645B.0135, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

    Sec. 6.  NRS 645B.020 is hereby amended to read as follows:

    645B.020  1.  A person who wishes to be licensed as a mortgage broker must file a written application for a license with the office of the commissioner and pay the fee required pursuant to NRS 645B.050. An application for a license as a mortgage broker must:

    (a) Be verified.

    (b) State the name, residence address and business address of the applicant and the location of each principal office and branch office at which the mortgage broker will conduct business within this state.

    (c) State the name under which the applicant will conduct business as a mortgage broker.

    (d) List the name, residence address and business address of each person who will:

         (1) If the applicant is not a natural person, have an interest in the mortgage broker as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.

         (2) Be associated with or employed by the mortgage broker as a mortgage agent.

    (e) If the applicant is a natural person, include the social security number of the applicant.

    (f) Include a general business plan and a [manual for policies and procedures for the mortgage broker and his mortgage agents that includes, without limitation, the underwriting standards, restrictions and] description of the policies and procedures that the mortgage broker and his mortgage agents will follow to arrange and service loans and to conduct business pursuant to this chapter.

    (g) State the length of time the applicant has been engaged in the business of a broker.


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2001 Statutes of Nevada, Page 2465 (Chapter 511, AB 324)

 

    (h) Include a financial statement of the applicant and, if applicable, satisfactory proof that the applicant will be able to maintain continuously the net worth required pursuant to NRS 645B.115.

    (i) Include any other information required pursuant to the regulations adopted by the commissioner or an order of the commissioner.

    2.  If a mortgage broker will conduct business at one or more branch offices within this state, the mortgage broker must apply for a license for each such branch office.

    3.  Except as otherwise provided in this chapter, the commissioner shall issue a license to an applicant as a mortgage broker if:

    (a) The application complies with the requirements of this chapter;

    (b) The applicant submits the statement required pursuant to NRS 645B.023, if the applicant is required to do so; and

    (c) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:

         (1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of a mortgage broker in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the commissioner.

         (2) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

         (3) Has not made a false statement of material fact on his application.

         (4) Has not had a license that was issued pursuant to the provisions of this chapter or chapter 645E of NRS suspended or revoked within the 10 years immediately preceding the date of his application.

         (5) Has not had a license that was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of his application.

         (6) Has not violated any provision of this chapter or chapter 645E of NRS, a regulation adopted pursuant thereto or an order of the commissioner.

    Sec. 7.  NRS 645B.050 is hereby amended to read as follows:

    645B.050  1.  A license issued pursuant to this chapter expires each year on June 30, unless it is renewed. To renew a license, the licensee must submit to the commissioner on or before June 30 of each year:

    (a) An application for renewal;

    (b) The fee required to renew the license pursuant to this section; [and]

    (c) If the licensee is a natural person, the statement required pursuant to NRS 645B.023 [.] ; and

    (d) The information required pursuant to section 4 of this act.

    2.  If the licensee fails to submit any item required pursuant to subsection 1 to the commissioner on or before June 30 of any year, the license is canceled. The commissioner may reinstate a canceled license if the licensee submits to the commissioner:

    (a) An application for renewal;

    (b) The fee required to renew the license pursuant to this section;

    (c) If the licensee is a natural person, the statement required pursuant to NRS 645B.023; [and

    (d) A]

    (d) The information required pursuant to section 4 of this act; and

    (e) Except as otherwise provided in this section, a reinstatement fee of $200.


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2001 Statutes of Nevada, Page 2466 (Chapter 511, AB 324)

 

    3.  Except as otherwise provided in NRS 645B.016, a certificate of exemption issued pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a certificate of exemption, a person must submit to the commissioner on or before December 31 of each year:

    (a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter; and

    (b) The fee required to renew the certificate of exemption.

    4.  If the person fails to submit any item required pursuant to subsection 3 to the commissioner on or before December 31 of any year, the certificate of exemption is canceled. Except as otherwise provided in NRS 645B.016, the commissioner may reinstate a canceled certificate of exemption if the person submits to the commissioner:

    (a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter;

    (b) The fee required to renew the certificate of exemption; and

    (c) [A] Except as otherwise provided in this section, a reinstatement fee of $100.

    5.  [A] Except as otherwise provided in this section, a person must pay the following fees to apply for, to be issued or to renew a license as a mortgage broker pursuant to this chapter:

    (a) To file an original application or a license, $1,500 for the principal office and $40 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.545.

    (b) To be issued a license, $1,000 for the principal office and $60 for each branch office.

    (c) To renew a license, $500 for the principal office and $100 for each branch office.

    6.  [A] Except as otherwise provided in this section, a person must pay the following fees to apply for or to renew a certificate of exemption pursuant to this chapter:

    (a) To file an application for a certificate of exemption, $200.

    (b) To renew a certificate of exemption, $100.

    7.  To be issued a duplicate copy of any license or certificate of exemption, a person must make a satisfactory showing of its loss and pay a fee of $10.

    8.  Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the state treasury for credit to the state general fund.

    9.  The commissioner may, by regulation, increase any fee set forth in this section if the commissioner determines that such an increase is necessary for the commissioner to carry out his duties pursuant to this chapter. The amount of any increase in a fee pursuant to this subsection must not exceed the amount determined to be necessary for the commissioner to carry out his duties pursuant to this chapter.


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2001 Statutes of Nevada, Page 2467 (Chapter 511, AB 324)

 

    Sec. 8.  NRS 645B.060 is hereby amended to read as follows:

    645B.060  1.  Subject to the administrative control of the director of the department of business and industry, the commissioner shall exercise general supervision and control over mortgage brokers doing business in this state.

    2.  In addition to the other duties imposed upon him by law, the commissioner shall:

    (a) Adopt any regulations [prescribing standards for determining whether a mortgage broker has maintained adequate supervision of a mortgage agent pursuant to this chapter.

    (b) Adopt any other regulations] that are necessary to carry out the provisions of this chapter, except as to loan brokerage fees.

    [(c)] (b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the commissioner.

    [(d)] (c) Conduct an annual examination of each mortgage broker doing business in this state.

    [(e)] The annual examination must include, without limitation, a formal exit review with the mortgage broker. The commissioner shall adopt regulations prescribing:

         (1) Standards for determining the rating of each mortgage broker based upon the results of the annual examination; and

         (2) Procedures for resolving any objections made by the mortgage broker to the results of the annual examination. The results of the annual examination may not be opened to public inspection pursuant to NRS 645B.090 until any objections made by the mortgage broker have been decided by the commissioner.

    (d) Conduct such other examinations, periodic or special audits, investigations and hearings as may be necessary and proper for the efficient administration of the laws of this state regarding mortgage brokers and mortgage agents. The commissioner shall adopt regulations specifying the general guidelines that will be followed when a periodic or special audit of a mortgage broker is conducted pursuant to this chapter.

    [(f)] (e) Classify as confidential certain records and information obtained by the division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by the legislative auditor.

    [(g)] (f) Conduct such examinations and investigations as are necessary to ensure that mortgage brokers meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.

    3.  For each special audit, investigation or examination, a mortgage broker shall pay a fee based on the rate established pursuant to NRS 658.101.

    Sec. 9.  NRS 645B.085 is hereby amended to read as follows:

    645B.085  1.  Except as otherwise provided in this section, not later than [60] 90 days after the last day of each fiscal year for a mortgage broker, the mortgage broker shall submit to the commissioner a financial statement that:

    (a) Is dated not earlier than the last day of the fiscal year; and

    (b) Has been prepared from the books and records of the mortgage broker by an independent public accountant who holds a permit to engage in the practice of public accounting in this state that has not been revoked or suspended.


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2001 Statutes of Nevada, Page 2468 (Chapter 511, AB 324)

 

    2.  The commissioner may grant a reasonable extension for the submission of a financial statement pursuant to this section if a mortgage broker requests such an extension before the date on which the financial statement is due.

    3.  If a mortgage broker maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If a mortgage broker maintains any accounts described in subsection 4 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the commissioner at the same time that he submits the report to the mortgage broker.

    4.  The commissioner shall adopt regulations prescribing the scope of an audit conducted pursuant to subsection 3.

    Sec. 10.  NRS 645B.185 is hereby amended to read as follows:

    645B.185  1.  A mortgage broker or mortgage agent shall not accept money from [an] a private investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property unless:

    (a) The private investor and the mortgage broker or mortgage agent sign and date a disclosure form that complies with the provisions of this section; and

    (b) The mortgage broker or mortgage agent gives the private investor the original disclosure form that has been signed and dated.

    2.  [An] A private investor and a mortgage broker or mortgage agent must sign and date a separate disclosure form pursuant to subsection 1 for each loan in which the private investor invests his money. A mortgage broker or mortgage agent shall not act as the attorney in fact or the agent of [an] a private investor with respect to the signing or dating of any disclosure form.

    3.  In addition to the requirements of subsections 1 and 2, a mortgage broker or mortgage agent shall not accept money from [an] a private investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property, unless the mortgage broker or mortgage agent gives the private investor a written form by which the private investor may request that the mortgage broker authorize the commissioner to release the mortgage broker’s financial statement to the private investor. Such a form must be given to the private investor for each loan. If the private investor, before giving money to the mortgage broker for the loan, requests that the mortgage broker authorize the release of a financial statement pursuant to this subsection, the mortgage broker and his mortgage agents shall not accept money from the private investor for that loan until the mortgage broker receives notice from the commissioner that the financial statement has been released to the private investor.

    4.  [An] A private investor and a mortgage broker or mortgage agent may not agree to alter or waive the provisions of this section by contract or other agreement. Any such contract or agreement is void and must not be given effect to the extent that it violates the provisions of this section.

    5.  A mortgage broker shall retain a copy of each disclosure form that is signed and dated pursuant to subsection 1 for the period that is prescribed in the regulations adopted by the commissioner.

    6.  The standard provisions for each such disclosure form must include, without limitation, statements:


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2001 Statutes of Nevada, Page 2469 (Chapter 511, AB 324)

 

    (a) Explaining the risks of investing through the mortgage broker, including, without limitation:

         (1) The possibility that the debtor may default on the loan;

         (2) The nature of the losses that may result through foreclosure;

         (3) The fact that payments of principal and interest are not guaranteed and that the private investor may lose the entire amount of principal that he has invested;

         (4) The fact that the mortgage broker is not a depository financial institution and that the investment is not insured by any depository insurance and is not otherwise insured or guaranteed by the federal or state government; and

         (5) Any other information required pursuant to the regulations adopted by the commissioner; and

    (b) Disclosing to the private investor the following information if the information is known or, in light of all the surrounding facts and circumstances, reasonably should be known to the mortgage broker:

         (1) Whether the real property that will secure the loan is encumbered by any other liens and, if so, the priority of each such lien, the amount of debt secured by each such lien and the current status of that debt, including, without limitation, whether the debt is being paid or is in default;

         (2) Whether the mortgage broker or any general partner, officer, director or mortgage agent of the mortgage broker has any direct or indirect interest in the debtor;

         (3) Whether any disciplinary action has been taken by the commissioner against the mortgage broker or any general partner, officer or director of the mortgage broker within the immediately preceding 12 months, and the nature of any such disciplinary action;

         (4) Whether the mortgage broker or any general partner, officer or director of the mortgage broker has been convicted within the immediately preceding 12 months for violating any law, ordinance or regulation that involves fraud, misrepresentation or a deceitful, fraudulent or dishonest business practice; and

         (5) Any other information required pursuant to the regulations adopted by the commissioner.

    7.  Whether or not a mortgage broker is required to disclose any information to private investors through a disclosure form that complies with the provisions of this section, the commissioner may order the mortgage broker to disclose to private investors and other investors or to the general public any information concerning the mortgage broker, any general partner, officer, director or mortgage agent of the mortgage broker or any loan in which the mortgage broker is or has been involved, if the commissioner, in his judgment, believes that the information:

    (a) Would be of material interest to a reasonable investor who is deciding whether to invest money with the mortgage broker; or

    (b) Is necessary to protect the welfare of the public.

    8.  In carrying out the provisions of subsection 7, the commissioner may, without limitation, order a mortgage broker to include statements of disclosure prescribed by the commissioner:

    (a) In the disclosure form that must be given to private investors pursuant to subsection 1;


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2001 Statutes of Nevada, Page 2470 (Chapter 511, AB 324)

 

    (b) In additional disclosure forms that must be given to private investors and other investors before or after they have invested money through the mortgage broker; or

    (c) In any advertisement that the mortgage broker uses in carrying on his business.

    9.  The commissioner:

    (a) Shall adopt regulations prescribing the period for which a mortgage broker must retain a copy of each disclosure form that is given to private investors; and

    (b) May adopt any other regulations that are necessary to carry out the provisions of this section, including, without limitation, regulations specifying the size of print and any required formatting or typesetting that a mortgage broker must use in any form that is given to private investors.

    Sec. 11.  NRS 645B.189 is hereby amended to read as follows:

    645B.189  1.  [Each] If, in carrying on his business, a mortgage broker uses an advertisement that is designed, intended or reasonably likely to solicit money from private investors, the mortgage broker shall include in each such advertisement [that the mortgage broker uses in carrying on his business:

    (a) A] a statement of disclosure in substantially the following form:

 

Money invested through a mortgage broker is not guaranteed to earn any interest or return and is not insured.

 

    [(b) Any other]

    2.  A mortgage broker shall include in each advertisement that the mortgage broker uses in carrying on his business any statements of disclosure required pursuant to the regulations adopted by the commissioner or required pursuant to an order of the commissioner entered in accordance with subsections 7 and 8 of NRS 645B.185.

    [2.] 3.  Each mortgage broker shall submit any proposed advertisement that the mortgage broker intends to use in carrying on his business to the commissioner for approval.

    [3.] 4.  In addition to the requirements set forth in this chapter, each advertisement that a mortgage broker uses in carrying on his business must comply with the requirements of:

    (a) NRS 598.0903 to 598.0999, inclusive, concerning deceptive trade practices; and

    (b) Any applicable federal statute or regulation concerning deceptive advertising and the advertising of interest rates.

    [4.] 5.  If a mortgage broker violates any provision of NRS 598.0903 to 598.0999, inclusive, concerning deceptive trade practices or any federal statute or regulation concerning deceptive advertising or the advertising of interest rates, in addition to any sanction or penalty imposed by state or federal law upon the mortgage broker for the violation, the commissioner may take any disciplinary action set forth in subsection 2 of NRS 645B.670 against the mortgage broker.

    [5.] 6.  The commissioner may adopt any regulations that are necessary to carry out the provisions of this section.


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2001 Statutes of Nevada, Page 2471 (Chapter 511, AB 324)

 

    Sec. 12.  NRS 645B.330 is hereby amended to read as follows:

    645B.330  1.  A mortgage broker or mortgage agent shall not engage in any act or transaction on behalf of [an] a private investor pursuant to a power of attorney unless:

    (a) The power of attorney is executed for the sole purpose of providing services for [loans] not more than one specific loan in which the private investor owns a beneficial interest; and

    (b) The provisions of the power of attorney:

         (1) Have been approved by the commissioner;

         (2) Expressly prohibit the mortgage broker and his mortgage agents from engaging in any act or transaction that subordinates the priority of a recorded deed of trust unless, before such an act or transaction, the mortgage broker obtains written approval for the subordination from the private investor;

         (3) Expressly prohibit the mortgage broker and his mortgage agents from using or releasing any money in which the private investor owns a beneficial interest with regard to [a] the specific loan for a purpose that is not directly related to providing services for the loan unless, before any such money is used or released for another purpose, the mortgage broker obtains written approval from the private investor to use or release the money for the other purpose; and

         (4) Expressly provide that the power of attorney is effective only for [a period of not more than 6 months unless, before the date on which the period expires, the mortgage broker obtains written approval from the investor to extend the power of attorney for an additional period of not more than 6 months. The mortgage broker may, on a continuing basis, obtain written approval from the investor to extend the power of attorney for one or more consecutive periods of not more than 6 months each, except that the investor may execute only one written approval for an extension during each such 6-month period.] the term of the specific loan unless the mortgage broker obtains written approval from the private investor to extend the term of the power of attorney to provide services for not more than one other loan and the written approval:

             (I) Identifies the loan for which the power of attorney was executed; and

             (II) Identifies the loan for which the written approval is being given.

    2.  A mortgage broker or mortgage agent shall not act as the attorney in fact or the agent of [an] a private investor with respect to the giving of written approval pursuant to paragraph (b) of subsection 1. [An] A private investor and a mortgage broker or mortgage agent may not agree to alter or waive the provisions of this section by contract or other agreement. Any such contract or agreement is void and must not be given effect to the extent that it violates the provisions of this section.

    3.  [A] Except as otherwise provided in subsection 4, a power of attorney which designates a mortgage broker or mortgage agent as the attorney in fact or the agent of [an] a private investor and which violates the provisions of this section is void and must not be given effect with regard to any act or transaction that occurs on or after October 1, 1999, whether or not the power of attorney is or has been executed by the private investor before, on or after October 1, 1999.


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2001 Statutes of Nevada, Page 2472 (Chapter 511, AB 324)

 

    4.  The provisions of subsection 3 do not apply to a power of attorney that designates a mortgage broker or mortgage agent as the attorney in fact or the agent of a private investor if the power of attorney:

    (a) Was executed before July 1, 2001; and

    (b) Complied with the provisions of this section that were in effect on October 1, 1999.

    5.  The provisions of this section do not limit the right of [an] a private investor to include provisions in a power of attorney that are more restrictive than the provisions set forth in subsection 1.

    Sec. 13.  NRS 645B.450 is hereby amended to read as follows:

    645B.450  1.  A person shall not act as or provide any of the services of a mortgage agent or otherwise engage in, carry on or hold himself out as engaging in or carrying on the activities of a mortgage agent if the person:

    (a) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

    (b) Has had a financial services license or registration suspended or revoked within the immediately preceding 10 years.

    2.  A mortgage agent may not be associated with or employed by more than one mortgage broker at the same time.

    3.  A mortgage broker shall register with the division each person who will be associated with or employed by the mortgage broker as a mortgage agent. A mortgage broker shall register each such person with the division when the person begins his association or employment with the mortgage broker and annually thereafter. A registration expires 12 months after its effective date.

    4.  To register a person as a mortgage agent, a mortgage broker must:

    (a) Submit to the division a registration form which is provided by the division and which:

         (1) States the name, residence address and business address of the person;

         (2) Is signed by the person;

         (3) Includes a provision by which the person gives his written consent to an investigation of his credit history, criminal history and background; and

         (4) Includes any other information or supporting materials required by the regulations adopted by the commissioner. Such information or supporting materials may include, without limitation, a complete set of fingerprints from the person, the social security number of the person and other forms of identification of the person . [; and

    (b) Pay]

    (b) For each initial registration, pay the actual costs and expenses incurred by the division to investigate the credit history, criminal history and background of the person. All money received pursuant to this paragraph must be placed in the investigative account created by NRS 232.545.

    [4.] (c) For each annual registration, submit to the division satisfactory proof that the person attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the registration expires.

    5.  Not later than the date on which the mortgage broker submits the information for annual registration required by subsection 4, the person being registered shall pay an annual registration fee of $125. If the person does not pay the annual registration fee, the person shall be deemed to be unregistered for the purposes of this chapter.


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2001 Statutes of Nevada, Page 2473 (Chapter 511, AB 324)

 

    6.  A mortgage broker shall not employ a person as a mortgage agent or authorize a person to be associated with the mortgage broker as a mortgage agent if the mortgage broker has not registered the person with the division pursuant to [subsection 3] this section or if the person:

    (a) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

    (b) Has had a financial services license or registration suspended or revoked within the immediately preceding 10 years.

    [5.] 7.  If a mortgage agent terminates his association or employment with a mortgage broker for any reason, the mortgage broker shall, not later than the [end of the next] third business day following the date of termination:

    (a) Deliver to the mortgage agent or send by certified mail to the last known residence address of the mortgage agent a written statement which advises him that his termination is being reported to the division; and

    (b) Deliver or send by certified mail to the division:

         (1) A written statement of the circumstances surrounding the termination; and

         (2) A copy of the written statement that the mortgage broker delivers or mails to the mortgage agent pursuant to paragraph (a).

    8.  As used in this section, “certified course of continuing education” has the meaning ascribed to it in section 4 of this act.

    Sec. 14.  NRS 645B.460 is hereby amended to read as follows:

    645B.460  1.  A mortgage broker shall [:

    1.  Teach his mortgage agents the fundamentals of mortgage lending and the ethics of the profession; and

    2.  Supervise] exercise reasonable supervision over the activities of his mortgage agents . [and the operation of his business.] Such reasonable supervision must include, as appropriate:

    (a) The establishment of written or oral policies and procedures for his mortgage agents; and

    (b) The establishment of a system to review, oversee and inspect the activities of his mortgage agents, including, without limitation:

         (1) Transactions handled by his mortgage agents pursuant to this chapter;

         (2) Communications between his mortgage agents and a party to such a transaction;

         (3) Documents prepared by his mortgage agents that may have a material effect upon the rights or obligations of a party to such a transaction; and

         (4) The handling by his mortgage agents of any fee, deposit or money paid to the mortgage broker or his mortgage agents or held in trust by the mortgage broker or his mortgage agents pursuant to this chapter.

    2.  The commissioner shall allow a mortgage broker to take into consideration the total number of mortgage agents associated with or employed by the mortgage broker when the mortgage broker determines the form and extent of the policies and procedures for those mortgage agents and the system to review, oversee and inspect the activities of those mortgage agents.

    3.  The commissioner may adopt regulations prescribing standards for determining whether a mortgage broker has exercised reasonable supervision over the activities of a mortgage agent pursuant to this section.


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2001 Statutes of Nevada, Page 2474 (Chapter 511, AB 324)

 

    Sec. 15.  NRS 645B.600 is hereby amended to read as follows:

    645B.600  1.  A person may [, in accordance with the regulations adopted pursuant to subsection 2,] file with the commissioner a complaint [with the commissioner,] alleging that another person has violated a provision of this chapter, a regulation adopted pursuant to this chapter or an order of the commissioner.

    2.  [The commissioner shall adopt regulations prescribing:

    (a) The form that such a complaint must take;

    (b) The information that must be included in such a complaint; and

    (c) The procedures that a person must follow to file such a complaint.] A complaint filed pursuant to this section must:

    (a) Be in writing;

    (b) Be signed by the person filing the complaint or the authorized representative of the person filing the complaint;

    (c) Contain an address and a telephone number for the person filing the complaint or the authorized representative of the person filing the complaint;

    (d) Describe the nature of the alleged violation in as much detail as possible;

    (e) Include as exhibits copies of all documentation supporting the complaint; and

    (f) Include any other information or supporting materials required by the regulations adopted by the commissioner or by an order of the commissioner.

    Sec. 16.  NRS 645B.670 is hereby amended to read as follows:

    645B.670  Except as otherwise provided in NRS 645B.690:

    1.  For each violation committed by an applicant, whether or not he is issued a license, the commissioner may impose upon the applicant an administrative fine of not more than $10,000, if the applicant:

    (a) Has knowingly made or caused to be made to the commissioner any false representation of material fact;

    (b) Has suppressed or withheld from the commissioner any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or

    (c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the commissioner in completing and filing his application for a license or during the course of the investigation of his application for a license.

    2.  For each violation committed by a licensee, the commissioner may impose upon the licensee an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the licensee, whether or not acting as such:

    (a) Is insolvent;

    (b) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;

    (c) Does not conduct his business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the commissioner;

    (d) Is in such financial condition that he cannot continue in business with safety to his customers;


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    (e) Has made a material misrepresentation in connection with any transaction governed by this chapter;

    (f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the licensee knew or, by the exercise of reasonable diligence, should have known;

    (g) Has knowingly made or caused to be made to the commissioner any false representation of material fact or has suppressed or withheld from the commissioner any information which the licensee possesses and which, if submitted by him, would have rendered the licensee ineligible to be licensed pursuant to the provisions of this chapter;

    (h) Has failed to account to persons interested for all money received for a trust account;

    (i) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;

    (j) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude;

    (k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the licensee is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;

    (l) Has failed to satisfy a claim made by a client which has been reduced to judgment;

    (m) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

    (n) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use;

    (o) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;

    (p) Has repeatedly violated the policies and procedures of the mortgage broker;

    (q) Has failed to [maintain adequate] exercise reasonable supervision over the activities of a mortgage agent [;] as required by NRS 645B.460;

    (r) Has instructed a mortgage agent to commit an act that would be cause for the revocation of the license of the mortgage broker, whether or not the mortgage agent commits the act;

    (s) Has employed a person as a mortgage agent or authorized a person to be associated with the licensee as a mortgage agent at a time when the licensee knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:

         (1) Had been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

         (2) Had a financial services license or registration suspended or revoked within the immediately preceding 10 years; or

    (t) Has not conducted verifiable business as a mortgage broker for 12 consecutive months, except in the case of a new applicant. The commissioner shall determine whether a mortgage broker is conducting business by examining the monthly reports of activity submitted by the licensee or by conducting an examination of the licensee.


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2001 Statutes of Nevada, Page 2476 (Chapter 511, AB 324)

 

    Sec. 17.  NRS 645B.700 is hereby amended to read as follows:

    645B.700  1.  Except as otherwise provided in subsection 2, for each violation that may be committed by a person pursuant to this chapter or the regulations adopted pursuant to this chapter, the commissioner [shall] may adopt regulations:

    (a) Categorizing the violation as a major violation or a minor violation; and

    (b) Specifying the disciplinary action that will be taken by the commissioner pursuant to this chapter against a person who commits:

         (1) A major violation. The disciplinary action taken by the commissioner for a major violation [must] may include, without limitation, suspension or revocation of the person’s license.

         (2) More than two minor violations. The commissioner may establish graduated sanctions for a person who commits more than two minor violations based upon the number, the frequency and the severity of the minor violations and whether the person previously has committed any major violations.

    2.  The provisions of this section do not apply to a violation for which the commissioner is required to take disciplinary action in accordance with NRS 645B.690.

    Sec. 18.  Section 139 of chapter 646, Statutes of Nevada 1999, at page 3816, is hereby amended to read as follows:

    Sec. 139.  1.  This section and section 130.5 of this act become effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act, and on September 30, 1999, for all other purposes.

    2.  Sections 1 to 101, inclusive, 103, 105 to 117, inclusive, 119 to 130, inclusive, and 131 to 138, inclusive, of this act become effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act, and on October 1, 1999, for all other purposes.

    3.  Sections 102, 104 and 118 of this act become effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act, and at 12:01 a.m. on October 1, 1999, for all other purposes.

    4.  Sections 15 and 33 of this act expire by limitation on the date on which the provisions of 42 U.S.C. ง 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

    (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

    (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

    [5.  Section 78.5 of this act expires by limitation on October 1, 2001.]

    Sec. 19.  This act becomes effective on July 1, 2001.

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2001 Statutes of Nevada, Page 2477

 

CHAPTER 512, AB 326

Assembly Bill No. 326–Assemblymen Goldwater, Beers, Parks, Cegavske, Chowning, de Braga, Dini, Giunchigliani, Hettrick, Leslie, Marvel, Tiffany and Williams

 

Joint Sponsors: Senators O’Connell and Titus

 

CHAPTER 512

 

AN ACT relating to local financial administration; modifying the list of separate items that a local government is required to include in a supplemental budgetary report of expenses relating to activities designed to influence the passage or defeat of legislation; providing that the budget of a local government must include a separate statement detailing such anticipated expenses; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 354.59803 is hereby amended to read as follows:

    354.59803  1.  In each year in which the legislature convenes, a local government which expends more than $6,000 on activities designed to influence the passage or defeat of any legislation shall file with the department of taxation within 30 days after the close of the legislative session a report supplemental to its final budget which includes separate items for expenses relating to that activity, including [:] , without limitation:

    (a) Transportation.

    (b) The amount of money spent on:

         (1) The lodging and meals of its officers, lobbyists [or employees.] and employees;

         (2) The salary or wages paid to its officers and employees; and

         (3) Compensation paid to any lobbyists, to the extent that such information does not duplicate the information required pursuant to subparagraphs (1) and (2).

    (c) The amount of money spent on entertainment, gifts or other expenses which are required to be reported pursuant to NRS 218.900 to 218.944, inclusive.

    (d) The amount of money spent in Carson City on supplies, equipment [, facilities,] and facilities and other personnel and services needed to support the activity.

    (e) An identification of the fund, account or other source against which the expenses were charged.

    2.  The local government shall make a copy of the supplemental report available for inspection within 30 days after the close of the legislative session.

    Sec. 2.  NRS 354.600 is hereby amended to read as follows:

    354.600  Each budget must include:

    1.  Detailed estimates of budget resources for the budget year classified by funds and sources in a manner and on forms prescribed by the department of taxation.

    2.  Detailed estimates of expenditures for the budget year classified in a manner and on forms prescribed by the department of taxation.


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    3.  A separate statement of the anticipated expense, including personnel, for the operation and maintenance of each capital improvement to be constructed during the budget year and of each capital improvement constructed on or after July 1, 1998, which is to be used during that or a future budget year.

    4.  A separate statement of the proposed source of funding for the operation and maintenance of each capital improvement, including personnel, to be constructed during that budget year.

    5.  A separate statement of the anticipated expenses relating to activities designed to influence the passage or defeat of any legislation, setting forth each separate category of expenditure that is required to be included in a supplemental report pursuant to subsection 1 of NRS 354.59803.

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CHAPTER 513, AB 567

Assembly Bill No. 567–Committee on Government Affairs

 

CHAPTER 513

 

AN ACT relating to state financial administration; authorizing the purchase of property by a state agency pursuant to a lease-purchase or installment-purchase agreement that extends beyond the current biennium under certain circumstances; allowing the interest on certain state securities to be paid more frequently than semiannually; providing the manner for applying sales and use taxes to personal property transferred to the state pursuant to certain lease-purchase or installment-purchase agreements; authorizing the issuance of general obligation bonds to refinance existing obligations relating to the Southern Nevada Women’s Correctional Facility; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.

    Sec. 2.  (Deleted by amendment.)

    Sec. 3.  As used in sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 4.  “Agreement” means an agreement to purchase property, in the form of a lease or an agreement to pay in installments, pursuant to which the State of Nevada or a state agency may pay the purchase price of real or personal property over a period of time which extends beyond the biennium in which the agreement is executed, including, without limitation:

    1.  An agreement pursuant to which the State of Nevada or a state agency may acquire the property that is the subject of the agreement at the end of the term of the agreement or the end of the term of a renewal of the agreement upon payment of no additional consideration or nominal additional consideration; and

    2.  An agreement that, for the purposes of federal income tax, is treated as an agreement for conditional sale.

    Sec. 5.  “Board” means the state board of finance.


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    Sec. 6.  “Chief” means the chief of the budget division of the department of administration.

    Sec. 7.  “State agency” means an agency, bureau, board, commission, department, division or any other unit of the government of this state that is required to submit information to the chief pursuant to subsection 1 or 6 of NRS 353.210, except for the University and Community College System of Nevada.

    Sec. 8.  1.  The provisions of sections 2 to 16, inclusive, of this act do not obligate the legislature to appropriate money for payments due pursuant to an agreement entered into pursuant to those sections.

    2.  A state agency, person acting on behalf of a state agency, officer of this state or employee of this state shall not represent that the legislature is obligated to appropriate money for payments due pursuant to an agreement entered into pursuant to sections 2 to 16, inclusive, of this act.

    Sec. 9.  The state treasurer may take such actions as he deems appropriate to facilitate an agreement pursuant to sections 2 to 16, inclusive, of this act, including, without limitation:

    1.  Entering into contracts for relevant professional services;

    2.  Obtaining credit enhancement and interest rate hedges; and

    3.  Assisting with the offering of certificates of participation pursuant to the limitations set forth in section 11 of this act.

    Sec. 10.  An agreement entered into pursuant to sections 2 to 16, inclusive, of this act is not subject to any requirement of competitive bidding or other restriction imposed on the procedure for the awarding of contracts.

    Sec. 11.  1.  A state agency may propose a project to acquire real property, an interest in real property or an improvement to real property through an agreement which has a term, including the terms of any options for renewal, that extends beyond the biennium in which the agreement is executed if the agreement:

    (a) Provides that all obligations of the State of Nevada and the state agency are extinguished by the failure of the legislature to appropriate money for the ensuing fiscal year for payments due pursuant to the agreement;

    (b) Does not encumber any property of the State of Nevada or the state agency except for the property that is the subject of the agreement;

    (c) Provides that property of the State of Nevada and the state agency, except for the property that is the subject of the agreement, must not be forfeited if:

         (1) The legislature fails to appropriate money for payments due pursuant to the agreement; or

         (2) The State of Nevada or the state agency breaches the agreement;

    (d) Prohibits certificates of participation in the agreement; and

    (e) For the biennium in which it is executed, does not require payments that are greater than the amount authorized for such payments pursuant to the applicable budget of the state agency.

    2.  The provisions of paragraph (d) of subsection 1 may be waived by the board, upon the recommendation of the state treasurer, if the board determines that waiving those provisions:

    (a) Is in the best interests of this state; and

    (b) Complies with federal securities laws.


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    3.  Before an agreement proposed pursuant to subsection 1 may become effective:

    (a) The proposed project must be approved by the legislature by concurrent resolution or statute or as part of the budget of the state agency, or by the interim finance committee when the legislature is not in regular session;

    (b) The agency must submit the proposed agreement to the chief, the state treasurer and the state land registrar for their review and transmittal to the board;

    (c) The board must approve the proposed agreement; and

    (d) The governor must execute the agreement.

    Sec. 12.  If an agreement pursuant to sections 2 to 16, inclusive, of this act involves the construction of an improvement, the construction may be conducted as specified in the agreement without complying with the provisions of:

    1.  Any law requiring competitive bidding; or

    2.  Chapter 341 of NRS.

    Sec. 13.  1.  Except as otherwise provided in this section, if an agreement pursuant to sections 2 to 16, inclusive, of this act involves an improvement to property owned by the State of Nevada or the state agency, the state land registrar, in consultation with the state treasurer and in conjunction with the agreement, upon approval of the state board of examiners may enter into a lease of the property to which the improvement will be made if the lease:

    (a) Has a term of 35 years or less; and

    (b) Provides for rental payments that approximate the fair market rental of the property before the improvement is made, as determined by the state land registrar in consultation with the state treasurer at the time the lease is entered into, which must be paid if the agreement terminates before the expiration of the lease because the legislature fails to appropriate money for payments due pursuant to the agreement.

    2.  A lease entered into pursuant to this section may provide for nominal rental payments to be paid pursuant to the lease before the agreement terminates.

    3.  Before the state land registrar may enter into a lease pursuant to this section:

    (a) The state land registrar must submit the proposed lease to the chief and the state treasurer for their review and transmittal to the board; and

    (b) The board must approve the lease.

    Sec. 14.  Immediately after an agreement is executed pursuant to section 11 of this act, the state agency on whose behalf the agreement was executed shall file with the chief and the state treasurer:

    1.  A fully executed copy of the agreement; and

    2.  A schedule of payments that indicates the principal and interest payments due throughout the term of the agreement.

    Sec. 15.  While an agreement entered into pursuant to sections 2 to 16, inclusive, of this act is in effect, the property that is the subject of the agreement is exempt from ad valorem property taxation by this state and its political subdivisions if:

    1.  An improvement is being constructed on the property pursuant to the agreement; or

    2.  This state or a state agency is in possession of the property.


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2001 Statutes of Nevada, Page 2481 (Chapter 513, AB 567)

 

    Sec. 16.  While an agreement entered into pursuant to sections 2 to 16, inclusive, of this act is in effect, the property that is the subject of the agreement shall be deemed to be the property of this state or the state agency for the purposes of statutory limits on damages that may be awarded against this state, including, without limitation, the limits in chapter 41 of NRS, with respect to any action or claim, including a claim for civil damages, that arises from or is related to the property and is brought by a person who is not a party to the agreement if:

    1.  An improvement is being constructed on the property pursuant to the agreement; or

    2.  This state or a state agency is in possession of the property.

    Sec. 17.  NRS 349.276 is hereby amended to read as follows:

    349.276  1.  As the commission may determine, any bonds and other state securities issued hereunder, except as otherwise provided in the constitution of the state, or in the State Securities Law, or in any act supplemental thereto, must:

    (a) Be of a convenient denomination or denominations;

    (b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code-Investment Securities;

    (c) Mature at such a time or serially at such times in regular numerical order at annual or other designated intervals in such amounts as designated and fixed by the commission;

    (d) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the commission; and

    (e) Be printed at such a place within or without this state, as the commission may determine.

    2.  Any such bonds or other state securities must bear interest at a rate or rates which do not exceed the limit provided in NRS 349.076. The interest must be made payable:

    (a) If the security constitutes a debt subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, not less often than semiannually.

    (b) If the security does not constitute a debt or is issued for the protection and preservation of the state’s property or natural resources or for the purpose of obtaining the benefits thereof, at intervals which the commission shall designate, and the first interest payment may be for another period.

    3.  General obligation bonds must mature within 20 years from their date or within 20 years from the date of passage of the act authorizing their issuance or the issuance of any securities funded or refunded thereby, whichever limitation is shorter; but any bonds constituting a debt which is not subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state must mature within 50 years from their date.

    4.  Special obligation bonds must mature within 50 years from their date.

    Sec. 18.  (Deleted by amendment.)

    Sec. 19.  Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

    In administering the provisions of NRS 372.325, the department shall apply the exemption for the sale of tangible personal property to the State of Nevada, its unincorporated agencies and instrumentalities, to include all tangible personal property that is transferred for use by a state entity in accordance with an agreement executed pursuant to sections 2 to 16, inclusive, of this act.


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2001 Statutes of Nevada, Page 2482 (Chapter 513, AB 567)

 

tangible personal property that is transferred for use by a state entity in accordance with an agreement executed pursuant to sections 2 to 16, inclusive, of this act.

    Sec. 20.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

    In administering the provisions of NRS 374.330, the department shall apply the exemption for the sale of tangible personal property to the State of Nevada, its unincorporated agencies and instrumentalities, to include all tangible personal property that is transferred for use by a state entity in accordance with an agreement executed pursuant to sections 2 to 16, inclusive, of this act.

    Sec. 21.  1.  In addition to the debt authorized in subsection 1 of section 4 of chapter 656, Statutes of Nevada 1995, at page 2530, and notwithstanding the provisions of subsection 2 of section 4 of chapter 656, Statutes of Nevada 1995, at page 2530, the state board of finance may issue general obligation bonds of the State of Nevada in the face amount of not more than $27,971,319, the proceeds of which must be used for refinancing the obligations of this state pursuant to the construction, lease purchase and management services contract between the department of prisons and Corrections Corporation of America that was approved by the state board of examiners on October 14, 1996, and by the board of state prison commissioners on October 14, 1996, and was authorized by section 4 of chapter 656, Statutes of Nevada 1995, at page 2530, including, without limitation, by exercising the prepayment purchase option pursuant to the contract.

    2.  The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold.

    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. 22.  Assembly Bill No. 601 of this session is hereby repealed.

    Sec. 23.  This act becomes effective upon passage and approval.

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CHAPTER 514, AB 660

Assembly Bill No. 660–Committee on Education

 

CHAPTER 514

 

AN ACT relating to educational personnel; prohibiting under certain circumstances the boards of trustees of school districts from requiring certain licensed employees on leave of absence from employment to submit fingerprints as a condition of return to employment; and providing other matters properly relating thereto.

 

[Approved: June 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 391.100 is hereby amended to read as follows:

    391.100  1.  The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.

    2.  The board of trustees of a school district:


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2001 Statutes of Nevada, Page 2483 (Chapter 514, AB 660)

 

    (a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof; and

    (b) Shall establish policies governing the duties and performance of teacher aides.

    3.  Each applicant for employment pursuant to this section, except a teacher or other person licensed by the superintendent of public instruction, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Federal Bureau of Investigation and the central repository for Nevada records of criminal history for their reports on the criminal history of the applicant.

    4.  Except as otherwise provided in subsection 5, the board of trustees of a school district shall not require a licensed teacher or other person licensed by the superintendent of public instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation:

    (a) Sick leave;

    (b) Sabbatical leave;

    (c) Personal leave;

    (d) Leave for attendance at a regular or special session of the legislature of this state if the employee is a member thereof;

    (e) Maternity leave; and

    (f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. งง 2601 et seq.,

to submit a set of his fingerprints as a condition of return to or continued employment with the school district if the employee is in good standing when the employee began the leave.

    5.  A board of trustees of a school district may ask the superintendent of public instruction to require a person licensed by the superintendent of public instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his fingerprints as a condition of return to or continued employment with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his leave of absence.

    6.  The board of trustees of a school district may employ or appoint persons to serve as school police officers. If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the superintendent of schools of the school district. The chief of school police shall supervise each person appointed or employed by the board of trustees as a school police officer. In addition, persons who provide police services pursuant to subsection [5 or 6] 7 or 8 shall be deemed school police officers.

    [5.] 7.  The board of trustees of a school district in a county that has a metropolitan police department created pursuant to chapter 280 of NRS, may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district.


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2001 Statutes of Nevada, Page 2484 (Chapter 514, AB 660)

 

the school district. If a contract is entered into pursuant to this subsection, the contract must make provision for the transfer of each school police officer employed by the board of trustees to the metropolitan police department. If the board of trustees of a school district contracts with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district and on property owned by the school district , but outside the jurisdiction of the metropolitan police department.

    [6.] 8.  The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS may contract with the sheriff of that county for the provision of police services in the public schools within the school district and on property therein that is owned by the school district.

    Sec. 2.  NRS 289.190 is hereby amended to read as follows:

    289.190  1.  A person employed or appointed to serve as a school police officer pursuant to subsection [4] 6 of NRS 391.100 has the powers of a peace officer.

    2.  A person appointed pursuant to NRS 393.0718 by the board of trustees of any school district has the powers of a peace officer to carry out the intents and purposes of NRS 393.071 to 393.0719, inclusive.

    3.  Members of every board of trustees of a school district, superintendents of schools, principals and teachers have concurrent power with peace officers for the protection of children in school and on the way to and from school, and for the enforcement of order and discipline among such children, including children who attend school within one school district but reside in an adjoining school district or adjoining state, pursuant to the provisions of chapter 392 of NRS. This subsection must not be construed so as to make it the duty of superintendents of schools, principals and teachers to supervise the conduct of children while not on the school property.

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

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