[Rev. 3/19/2013 1:16:57 PM]

Link to Page 1800

 

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ê1993 Statutes of Nevada, Page 1801 (Chapter 466, AB 782)ê

 

      Sec. 1003.  NRS 598.850 is hereby amended to read as follows:

      598.850  1.  Each organization shall deposit with the commissioner:

      (a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;

      (b) An irrevocable letter of credit of which the organization is the obligor and issued by a bank whose deposits are federally insured; or

      (c) A certificate of deposit in a federally insured financial institution, doing business in this state, which may be withdrawn only on the order of the commissioner, except that interest may accrue to the organization.

      2.  The amount of the bond, letter of credit or certificate of deposit must be $50,000, and it must be conditioned on compliance by the owner with the provisions of NRS 598.840 to 598.930, inclusive, and the terms of the contract with the buyer. Any buyer who is injured because of a breach of contract or bankruptcy may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.

      3.  The liability of the surety does not exceed the amount of the bond regardless of the number of claims filed or the aggregate amount claimed, and does not include treble damages allowed by NRS 598.920. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the commissioner who shall distribute the money to claimants entitled to restitution. The surety is then relieved of all liability under the bond.

      4.  The organization shall maintain the bond in full force while it is doing business and shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the consumer affairs division of the department of business and industry during business hours. The organization shall notify the commissioner no later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the commissioner.

      5.  The commissioner may apply for a writ of mandate to require the organization to deposit and maintain the security required by this section.

      Sec. 1004.  NRS 598.940 is hereby amended to read as follows:

      598.940  As used in NRS 598.940 to 598.966, inclusive, unless the context otherwise requires:

      1.  “Buyer” means any person who purchases by contract a membership in a membership club.

      2.  “Commissioner” means the commissioner of the division.

      3.  “Division” means the consumer affairs division of the department of [commerce.] business and industry.

      4.  “Membership club” means any club, business, association, organization, partnership or corporation that requires the payment of a membership fee or membership dues from its members in return for goods, services, advice, equipment, usage or any discount privilege, except:

      (a) A nonprofit public or private school, college or university.

      (b) A nonprofit religious, charitable, fraternal, ethnic or any other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      (c) A golf, tennis or swimming club in which engaging in one of those sports is the principal activity offered by the club.


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ê1993 Statutes of Nevada, Page 1802 (Chapter 466, AB 782)ê

 

      (d) Any other club, business, association, organization, partnership or corporation required to be licensed or certified by a state agency.

      5.  “Pre-sale” means the sale of memberships in a membership club before all amenities, facilities or benefits identified in the contract or sales presentation are available to the buyer.

      Sec. 1005.  NRS 598B.070 is hereby amended to read as follows:

      598B.070  “Division” means the division of financial institutions of the department of [commerce.] business and industry.

      Sec. 1006.  NRS 599B.010 is hereby amended to read as follows:

      599B.010  As used in this chapter, unless the context otherwise requires:

      1.  “Board” means the state board of telephone sales communications.

      2.  “Commissioner” means the commissioner of consumer affairs.

      3.  “Division” means the consumer affairs division of the department of [commerce.] business and industry.

      4.  “Premium” includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.

      5.  “Salesman” means any person:

      (a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone; or

      (b) Retained by a seller to provide consulting services relating to the management or operation of the seller’s business.

      6.  “Seller” means any person who, on his own behalf, causes or attempts to cause a telephone solicitation, including one made after a potential customer has responded to a solicitation sent by mail, to be made through the use of one or more salesmen or any automated dialing announcing device. The term does not include any person who is exempt from the provisions of this chapter pursuant to NRS 599B.020.

      Sec. 1007.  NRS 599B.050 is hereby amended to read as follows:

      599B.050  1.  The provisions of this chapter must be administered by the division under the supervision of the director of the department of [commerce.] business and industry.

      2.  The commissioner may, with the approval of the board, adopt:

      (a) Regulations providing for the licensing and discipline of sellers and salesmen and establishing standards of conduct for licensees;

      (b) Regulations providing for exemptions in addition to those set forth in NRS 599B.020, if necessary, which are narrow enough in scope to continue to protect the public; and

      (c) Such other regulations as are necessary to carry out the provisions of this chapter.

      3.  The fees collected pursuant to this chapter must be deposited with the state treasurer for credit to the appropriate account of the division and may only be used to defray the costs of:

      (a) Administering the provisions of this chapter.

      (b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct of sellers, whether or not the sellers are licensed pursuant to this chapter.

      Sec. 1008.  NRS 607.020 is hereby amended to read as follows:

      607.020  The labor commissioner [shall] must be appointed by the [governor.] director of the department of business and industry.


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ê1993 Statutes of Nevada, Page 1803 (Chapter 466, AB 782)ê

 

      Sec. 1009.  NRS 607.090 is hereby amended to read as follows:

      607.090  All forms, blanks, envelopes, letterheads, circulars, bulletins and reports required to be printed by the labor commissioner must be printed by the state printing and micrographics division of the department of [general services] administration as required by the provisions of chapter 344 of NRS.

      Sec. 1010.  NRS 607.100 is hereby amended to read as follows:

      607.100  With the approval of the state board of examiners, the labor commissioner is authorized to compile and issue such bulletins pertaining to labor and industries of the state as he may deem necessary. When approved for printing and distribution, the bulletins must be printed by the state printing and micrographics division of the department of [general services.] administration.

      Sec. 1011.  NRS 608.156 is hereby amended to read as follows:

      608.156  1.  If an employer provides health benefits for his employees, he shall provide benefits for the expenses for the treatment of abuse of alcohol and drugs. The annual benefits provided by the employer must consist of:

      (a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

      (b) Treatment for a patient admitted to a facility, with a maximum benefit of $9,000 per calendar year.

      (c) Counseling for a person, group or family who is not admitted to a facility, with a maximum benefit of $2,500 per calendar year.

      2.  The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by the employer are paid.

      4.  The employee is entitled to these benefits if treatment is received in any:

      (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of [human resources.] employment, training and rehabilitation.

      (b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.

      Sec. 1012.  NRS 608.250 is hereby amended to read as follows:

      608.250  1.  Except as otherwise provided in this section, the minimum wage which may be paid to employees in private employment within the state is $3.35 per hour. The labor commissioner shall prescribe increases in the minimum wage in accordance with those prescribed by federal law, unless he determines that such increases are contrary to the public interest. The minimum amount which may be paid to a minor is 85 percent of that amount.

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

      (a) Casual babysitters.

      (b) Domestic service employees who reside in the household where they work.

      (c) Outside salespersons whose earnings are based on commissions.


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ê1993 Statutes of Nevada, Page 1804 (Chapter 466, AB 782)ê

 

      (d) Employees engaged in an agricultural pursuit for an employer who did not use more than 500 man-days of agricultural labor in any calendar quarter of the preceding calendar year.

      (e) Taxicab and limousine drivers.

      (f) Severely handicapped persons whose disabilities have diminished their productive capacity in a specific job and who are specified in certificates issued by the rehabilitation division of the department of [human resources.] employment, training and rehabilitation.

      3.  It is unlawful for any person to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any person for a wage less than that provided in this section.

      Sec. 1013.  NRS 611.010 is hereby amended to read as follows:

      611.010  The [executive director] administrator of the employment security division of the department of employment, training and rehabilitation shall establish and maintain free public employment offices as provided in chapter 612 of NRS.

      Sec. 1014.  Chapter 612 of NRS is hereby amended by adding thereto the provisions set forth as sections 1015 and 1016 of this act.

      Sec. 1015.  “Administrator” means the administrator of the division.

      Sec. 1016.  “Division” means the employment security division of the department of employment, training and rehabilitation.

      Sec. 1017.  NRS 612.040 is hereby amended to read as follows:

      612.040  “Calendar quarter” means the period of 3 consecutive calendar months ending on March 31, June 30, September 30 or December 31, or the equivalent thereof as the [executive director] administrator may prescribe by regulation, excluding, however, any calendar quarter or portion thereof which occurs [prior to] before January 1, 1938.

      Sec. 1018.  NRS 612.075 is hereby amended to read as follows:

      612.075  Services not covered under NRS 612.070 and performed entirely without this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or the Federal Government, shall be deemed to be employment subject to this chapter if the [individual performing such] person performing the services is a resident of this state and the [executive director] administrator approves the election of the employing unit for [whom such] which the services are performed that the entire service of [such individual] the person shall be deemed to be employment subject to this chapter.

      Sec. 1019.  NRS 612.085 is hereby amended to read as follows:

      612.085  Services performed by [an individual] a person for wages shall be deemed to be employment subject to this chapter unless [and until] it is shown to the satisfaction of the [executive director] administrator that:

      1.  [Such individual] The person has been and will continue to be free from control or direction over the performance of [such] the services, both under his contract of service and in fact;

      2.  [Such] The service is either outside the usual course of the business for which [such] the service is performed or that [such] the service is performed outside of all the places of business of the enterprises for which [such] the service is performed; and


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ê1993 Statutes of Nevada, Page 1805 (Chapter 466, AB 782)ê

 

      3.  [Such] The service is performed in the course of an independently established trade, occupation, profession or business in which the [individual] person is customarily engaged, of the same nature as that involved in the contract of service.

      Sec. 1020.  NRS 612.110 is hereby amended to read as follows:

      612.110  1.  “Employment” [shall] does not include service performed in the employ of any other state or its political subdivisions, or of the United States Government, or of an instrumentality of any other state or states or their political subdivisions or of the United States [; but] , except that if the Congress of the United States [shall permit] permits the states to require any instrumentality of the United States to make payment into an unemployment fund under a state unemployment compensation act, and to comply with state regulations thereunder, then, to the extent permitted by Congress, and from and after the date on which such permission becomes effective, all of the provisions of this chapter [shall be] are applicable to [such] the instrumentality and to services performed for [such] the instrumentality in the same manner, to the same extent, and on the same terms as to all other employers, employing units, [individuals] persons and services.

      2.  If this state [should not be] is not certified by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954 for any year, then the payments required from such instrumentalities and their workers with respect to [such year shall] that year must be refunded by the [executive director] administrator from the unemployment fund, without interest.

      Sec. 1021.  NRS 612.125 is hereby amended to read as follows:

      612.125  1.  “Employment” does not include service performed after June 30, 1939, in the employ of an employer as defined in the Railroad Unemployment Insurance Act (45 U.S.C. §§ 351 et seq.) and service with respect to which unemployment compensation is payable under any other unemployment compensation system established by an Act of Congress.

      2.  The [executive director] administrator shall enter into agreements with the proper agencies under such Act or Acts of Congress, which agreements [shall] must become effective 10 days after publication thereof in one or more newspapers of general circulation in this state, to provide reciprocal treatment to persons who have, after acquiring potential rights to benefits under this chapter, acquired rights to unemployment compensation under such Act or Acts of Congress, or who have, after acquiring potential rights to unemployment compensation under such Act or Acts of Congress, acquired rights to benefits under this chapter.

      Sec. 1022.  NRS 612.144 is hereby amended to read as follows:

      612.144  “Employment” does not include services performed by a person who meets all of the following requirements:

      1.  Directly sells or solicits the sale of products, in person or by telephone:

      (a) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the [executive director] administrator by regulation, if the products are to be resold to another person in his home or place other than a retail store; or

      (b) To another person from his home or place other than a retail store.

      2.  Receives compensation or remuneration based on his sales or the services he performs for customers rather than for the number of hours worked.


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ê1993 Statutes of Nevada, Page 1806 (Chapter 466, AB 782)ê

 

      3.  Performs pursuant to a written agreement with the person for whom the services are performed which provides that he is not an employee for the purposes of this chapter.

      Sec. 1023.  NRS 612.175 is hereby amended to read as follows:

      612.175  1.  “Signature” means the signature of the state treasurer and the countersignature of the [executive director] administrator or his duly authorized agent for that purpose.

      2.  Particularly, but without limitation, “signature,” in NRS 612.585 to 612.600, inclusive, means and shall be deemed to mean not only the handwritten signature or countersignature of such officers or agent but also their facsimile signatures when stamped upon such warrants as are referred to in this chapter.

      Sec. 1024.  NRS 612.185 is hereby amended to read as follows:

      612.185  1.  A person shall be deemed “unemployed” in any week during which he performs no services and with respect to which no remuneration is payable to him or in any week of less than full-time work if the remuneration payable to him with respect to such week is less than his weekly benefit amount if he has no dependents or less than his augmented weekly benefit amount if he has dependents.

      2.  The [executive director] administrator shall adopt regulations applicable to unemployed persons, making such distinctions in the procedures as to total unemployment, partial unemployment of persons who were totally unemployed, partial unemployment of persons who retain their regular employment and other forms of part-time work, as the [executive director] administrator deems necessary.

      3.  No person shall be deemed to be unemployed in any week in which he:

      (a) Is self-employed; or

      (b) Receives benefits for a temporary total disability pursuant to chapter 616 or 617 of NRS.

      Sec. 1025.  NRS 612.190 is hereby amended to read as follows:

      612.190  1.  “Wages” means:

      (a) All remuneration paid for personal services, including commissions and bonuses and the cash value of all remuneration payable in any medium other than cash; and

      (b) Income from tips reported by an employee to his employer pursuant to 26 U.S.C. § 6053(a). For the purposes of determining income from tips:

             (1) Such reports may not be amended.

             (2) Tips reported after the 10th day of the month following the calendar month in which they were received may not be included or used in any claim for benefits.

      2.  The reasonable cash value of remuneration payable in any medium other than cash must be estimated and determined in accordance with regulations adopted by the [executive director.] administrator. To determine insured status only, back pay awards must be allocated to the quarters with respect to which they were paid.

      3.  “Wages” does not include:

      (a) The amount of any payment made, including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment, to or on behalf of a person or any of his dependents under a plan or system established by an employing unit which makes provision generally for persons performing service for it, or for those persons generally and their dependents, or for a class or classes of those persons, or for a class or classes of those persons and their dependents, on account of:

 


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ê1993 Statutes of Nevada, Page 1807 (Chapter 466, AB 782)ê

 

plan or system established by an employing unit which makes provision generally for persons performing service for it, or for those persons generally and their dependents, or for a class or classes of those persons, or for a class or classes of those persons and their dependents, on account of:

             (1) Retirement;

             (2) Sickness or accident disability;

             (3) Medical or hospitalization expenses in connection with sickness or accident disability; or

             (4) Death.

      (b) The amount of any payment made by an employing unit to a person performing service for it, including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment, on account of retirement.

      (c) The amount of any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability by an employing unit to or on behalf of a person performing services for it after the expiration of 6 calendar months following the last calendar month in which the person performed services for the employing unit.

      (d) The amount of any payment made by an employing unit to or on behalf of a person performing services for it or his beneficiary:

             (1) From or to a trust described in Section 401(a) which is exempt from tax under Section 501(a) of the Internal Revenue Code of 1954 at the time of the payment unless the payment is made to a person performing services for the trust as remuneration for his services and not as a beneficiary of the trust; or

             (2) Under or to an annuity plan which, at the time of the payment, meets the requirements of Section 401(a)(3), (4), (5) and (6) of the Internal Revenue Code of 1954.

      (e) The payment by an employing unit, without deduction from the remuneration of the person in its employ, of the tax imposed upon a person in its employ, under Section 3101 of the Internal Revenue Code of 1954 with respect to services performed for the employing unit.

      (f) Remuneration paid in any medium other than cash to any person who performs agricultural labor or to a person for service not in the course of the employing unit’s trade or business.

      (g) The amount of any payment, other than vacation or sick pay, made to a person after the month in which he attains the age of 65, if he did not perform services for the employing unit in the period for which the payment is made.

      Sec. 1026.  NRS 612.195 is hereby amended to read as follows:

      612.195  “Week” means such period of 7 consecutive calendar days as the [executive director] administrator may by regulations prescribe.

      Sec. 1027.  NRS 612.210 is hereby amended to read as follows:

      612.210  The functions exercised by the Nevada unemployment compensation division and the Nevada state employment service division [prior to] before March 20, 1941, shall be exercised, after March 20, 1941, by the unemployment compensation service and the state employment service, which services are hereby created within the [employment security department.] division.


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ê1993 Statutes of Nevada, Page 1808 (Chapter 466, AB 782)ê

 

      Sec. 1028.  NRS 612.215 is hereby amended to read as follows:

      612.215  1.  The [employment security department] division is administered by a full-time salaried [executive director,] administrator, who is appointed by the [governor] director of the department of employment, training and rehabilitation and who serves at the pleasure of the [governor.] director.

      2.  The [executive director is] administrator:

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

      [3.  He has]

      (b) Has full administrative authority with respect to the operation and functions of the unemployment compensation service and the state employment service.

      [4.  He shall]

      (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. 1029.  NRS 612.220 is hereby amended to read as follows:

      612.220  [1.  The executive director shall] The administrator:

      1.  Shall administer this chapter.

      2.  [He shall have] Has power and authority to adopt, amend or rescind such rules and regulations, to employ, in accordance with the provisions of this chapter, such persons, make such expenditures, require such reports, make such investigations, and take such other action as he deems necessary or suitable to that end.

      3.  [The executive director shall] Shall determine his own organization and methods of procedure for the division in accordance with the provisions of this chapter.

      Sec. 1030.  NRS 612.225 is hereby amended to read as follows:

      612.225  The [executive director] administrator shall have an official seal which [shall] must be judicially noticed.

      Sec. 1031.  NRS 612.227 is hereby amended to read as follows:

      612.227  1.  The [executive director,] administrator, subject to the provisions of this section, may enter into lease-purchase agreements with any persons, corporations, associations or partnerships for the purchase of office buildings and the land upon which the buildings are located. Rentals to the lessor [shall] must be paid by the [employment security department,] division, or any agency which may hereafter absorb the employment security program.

      2.  The [executive director] administrator may take title in the name of the State of Nevada to premises which are the subject of such a lease-purchase agreement upon fulfillment of the terms of the agreement.

      3.  All lease-purchase agreements heretofore entered into by the [executive director] administrator are hereby ratified, confirmed and adopted.

      4.  The State of Nevada hereby assures the Employment and Training Administration of the United States Department of Labor that upon the amortization of the costs of any building and premises heretofore or hereafter purchased or agreed to be purchased for the use of the [employment security department] division pursuant to any lease-purchase agreement, the [employment security department] division may continue to occupy the building without the payment of rent, and [shall] will be assessed only the reasonable cost of operation and maintenance of the building.


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ê1993 Statutes of Nevada, Page 1809 (Chapter 466, AB 782)ê

 

without the payment of rent, and [shall] will be assessed only the reasonable cost of operation and maintenance of the building.

      5.  If it becomes necessary for the [employment security department] division to be moved from any such building after it has been purchased through the amortization of the cost thereof, the State of Nevada hereby gives assurance that other substantially similar space [shall] will be furnished to the [employment security department] division without further payments by the [department] division or the Employment and Training Administration of the United States Department of Labor, other than payment of the reasonable cost of operation and maintenance thereof.

      6.  If it becomes necessary for the [employment security department] division to be moved from any such building before the cost thereof has been completely amortized, the State of Nevada hereby gives assurance that credit will be allowed for the amount of [funds] money granted to the [employment security department] division by the Employment and Training Administration of the United States Department of Labor for the partial amortization of the building to the end that [funds] money granted by the Employment and Training Administration for the use of substantially similar space will not exceed the amount which the [employment security department] division would have been obligated to pay if it had remained in the premises.

      Sec. 1032.  NRS 612.230 is hereby amended to read as follows:

      612.230  1.  For the purpose of insuring the impartial selection of personnel on the basis of merit, the [executive director] administrator shall fill all positions in the [employment security department,] division, except the post of [executive director,] administrator, from registers prepared by the department of personnel, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may be adopted or prescribed by the [executive director for the employment security department.] administrator.

      2.  The [executive director] administrator shall select all personnel either from the first five candidates on the eligible lists as provided in this chapter, or from the highest rating candidate within a radius of 60 miles of the place in which the duties of the position will be performed. The [executive director] administrator may fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration.

      3.  The [executive director] administrator shall classify positions under this chapter and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.

      4.  The [executive director] administrator may grant educational leave stipends to officers and employees of the [employment security department] division if all of the cost of the educational leave stipends may be paid from [federal funds.] money of the Federal Government.


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ê1993 Statutes of Nevada, Page 1810 (Chapter 466, AB 782)ê

 

      Sec. 1033.  NRS 612.235 is hereby amended to read as follows:

      612.235  1.  Not later than December 1, 1956, and December 1 of every second year thereafter, the [executive director] administrator shall submit to the governor a report covering the administration and operation of this chapter during the preceding biennium and shall make such recommendations for amendment to this chapter as he deems proper.

      2.  Such reports [shall] must include a balance sheet of the [moneys] money in the fund, in which there [shall] must be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserves [shall] must be set up by the [executive director] administrator in accordance with accepted actuarial principles on the basis of statistics or employment business activity and other relevant factors for the longest possible period.

      Sec. 1034.  NRS 612.240 is hereby amended to read as follows:

      612.240  Regulations for the internal management of the [employment security department] division which do not affect private rights or procedures available to the public may be adopted, amended or rescinded by the [executive director] administrator and become effective in the manner and at the time prescribed by the [executive director.] administrator.

      Sec. 1035.  NRS 612.245 is hereby amended to read as follows:

      612.245  1.  The [executive director] administrator may, upon his own motion or upon application of an employing unit, and after notice and opportunity for the employing unit to submit facts, make determinations with respect to whether an employing unit constitutes an employer and whether services performed for or in connection with the business of an employing unit constitute employment for that employing unit.

      2.  Appeal from any such determination may be taken in the manner prescribed by this chapter for the appeal of determinations respecting benefits.

      3.  A determination of the [executive director] administrator which has not been appealed, or of the appeal tribunal, the board of review or the district court on appeal, together with the record, may be introduced in any proceeding involving a claim for benefits, and is conclusive as to the facts and the determination, unless the claimant introduces substantial evidence controverting a material fact so found.

      Sec. 1036.  NRS 612.250 is hereby amended to read as follows:

      612.250  1.  The [executive director,] administrator, upon his own motion or upon application of an employer made within 15 days after notice of benefits charged to his experience rating record or of the establishment of his contribution rate, may, after notice and opportunity for the employer to submit facts, make determinations with respect to all matters pertinent to the establishment of a rate of contribution based upon experience . [; but no] No employer may be permitted to contest under this section the chargeability of benefits based on a determination made pursuant to NRS 612.450 to 612.530, inclusive, except for the reason that services included in the determination were not performed for the employer or that there is error in the amount of wages included therein.

      2.  Appeal from any such determination may be taken in the manner prescribed by this chapter for the appeal of determinations respecting benefits.


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ê1993 Statutes of Nevada, Page 1811 (Chapter 466, AB 782)ê

 

      Sec. 1037.  NRS 612.255 is hereby amended to read as follows:

      612.255  The [executive director] administrator shall cause to be printed for distribution to the public the text of this chapter, his regulations and general and special rules, his reports to the governor, and any other material he deems relevant and suitable, and shall furnish the same to any person upon application therefor.

      Sec. 1038.  NRS 612.260 is hereby amended to read as follows:

      612.260  1.  Each employing unit shall keep true and accurate work records, containing such information as the [executive director] administrator may prescribe. Such records must be open to inspection and may be copied by the [executive director] administrator or his authorized representatives or the department of taxation at any reasonable time and as often as may be necessary.

      2.  The [executive director,] administrator, the board of review, or any appeal tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which he or the board of review deems necessary for the effective administration of this chapter.

      3.  Except as limited by this subsection, the [executive director] administrator may:

      (a) Destroy any letter of the unemployment compensation service or employment service and any form, benefit determination or redetermination, ruling, employer’s status or contribution report, wage slip report, claim record, wage list or any auxiliary computer file related thereto at the expiration of 4 years after the record was originated or filed with the service; or

      (b) Destroy such records at any time after having microphotographed them in the manner and on film or paper that complies with the minimum standards of quality approved for such photographic records by the American National Standards Institute. The microphotographed records must be retained for not less than 4 years.

This subsection does not apply to records pertaining to grants, accounts or expenditures for administration, or to the records of the unemployment compensation administration fund.

      Sec. 1039.  NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or his legal representative is entitled to information from the records of the [employment security department,] division, to the extent necessary for the proper presentation of his claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the [employment security department] division for any other purpose.

      3.  Subject to such restrictions as the [executive director] administrator may by regulation prescribe, such information may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of an unemployment compensation law, public assistance law, workman’s compensation or labor law, or the maintenance of a system of public employment offices;

 


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ê1993 Statutes of Nevada, Page 1812 (Chapter 466, AB 782)ê

 

law, public assistance law, workman’s compensation or labor law, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support; [or]

      (c) The Internal Revenue Service of the Department of the Treasury [.] ; or

      (d) The department of taxation.

Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      4.  The [executive director] administrator may provide information on the names of employers, their geographic locations, their type or class of business or industry, and the approximate number of employees employed by each employer to the commission on economic development for its use in developing and diversifying the economic interests of this state.

      5.  Upon request therefor the [executive director,] administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      6.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the [executive director] administrator that he furnish, from the records of the [employment security department,] division, the name, address and place of employment of any person listed in the records of employment of the [department.] division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the [executive director] administrator shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

      7.  The [executive director] administrator shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for use in verifying returns for the business tax. The [executive director] administrator may charge a reasonable fee to cover any related administrative expenses.

      8.  The manager of the state industrial insurance system may submit to the [executive director] administrator a list of each person who received benefits pursuant to chapter 616 or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the [employment security department] division regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the manager must be in a form determined by the [executive director] administrator and must contain the social security number of each such person. Upon receipt of such a request, the [executive director] administrator shall make such a comparison and provide to the manager a list of the name, address and social security number of each person who appears, from the information submitted, to be simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS.


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ê1993 Statutes of Nevada, Page 1813 (Chapter 466, AB 782)ê

 

name, address and social security number of each person who appears, from the information submitted, to be simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS. The [executive director] administrator shall charge a reasonable fee to cover any related administrative expenses. The manager shall use the information obtained pursuant to this subsection only to further a current investigation. The manager shall not disclose the information for any other purpose.

      9.  The [executive director] administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.

      10.  If any employee or member of the board of review of the [executive director] administrator or any employee of the [executive director,] administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.

      11.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the [employment security department] division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 1040.  NRS 612.270 is hereby amended to read as follows:

      612.270  1.  In the discharge of the duties imposed by this chapter, the [executive director,] administrator, the chairman of an appeal tribunal created by this chapter, the members of the board of review, and any authorized representatives of any of them may:

      (a) Take depositions.

      (b) Certify to official acts.

      (c) Issue subpenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with an appealed claim or the administration of this chapter.

      2.  Witness fees may be paid to those witnesses in the amounts provided by law for witnesses in a district court.

      Sec. 1041.  NRS 612.275 is hereby amended to read as follows:

      612.275  1.  In case of contumacy by a person, or refusal to obey a subpena issued to any person, any district court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the [executive director,] administrator, the board of review, an appeal tribunal, or any duly authorized representative of any of them, shall have jurisdiction to issue to such person an order requiring such person to appear before the [executive director,] administrator, the board of review, an appeal tribunal or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by the court as a contempt thereof.


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ê1993 Statutes of Nevada, Page 1814 (Chapter 466, AB 782)ê

 

requiring such person to appear before the [executive director,] administrator, the board of review, an appeal tribunal or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by the court as a contempt thereof.

      2.  Any person who , [shall] without just cause [fail or refuse] , fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in his power so to do, in obedience to a subpena of the [executive director,] administrator, the board of review, an appeal tribunal, or any duly authorized representative of any of them, is guilty of a misdemeanor. Each day such violation continues shall be deemed to be a separate offense.

      Sec. 1042.  NRS 612.280 is hereby amended to read as follows:

      612.280  1.  No person [shall] may be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the [executive director,] administrator, the board of review, an appeal tribunal, or any duly authorized representative of any of them, or in obedience to the subpena of any of them in any cause or proceeding before the [executive director,] administrator, the board of review, or an appeal tribunal, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture . [; but no individual shall]

      2.  No person may be prosecuted or subjected to any penalty or forfeiture, for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that [such individual] any person so testifying [shall not be] is not exempt from prosecution and punishment for perjury committed in so testifying.

      Sec. 1043.  NRS 612.285 is hereby amended to read as follows:

      612.285  In the administration of this chapter the [executive director] administrator shall:

      1.  Cooperate to the fullest extent consistent with the provisions of this chapter with the Department of Labor.

      2.  Make such reports, in such form and containing such information as the Department of Labor may from time to time require.

      3.  Comply with such provisions as the Department of Labor may from time to time find necessary to assure the correctness and verification of such reports.

      4.  Comply with the regulations prescribed by the Department of Labor governing the expenditures of such sums as may be allotted and paid to this state by the Federal Government for the purpose of assisting in the administration of this chapter.

      Sec. 1044.  NRS 612.290 is hereby amended to read as follows:

      612.290  1.  The [executive director] administrator is authorized and directed to apply for an advance to the unemployment compensation fund and to accept such advance in accordance with the conditions specified in Title XII of the Social Security Act, as amended.


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ê1993 Statutes of Nevada, Page 1815 (Chapter 466, AB 782)ê

 

      2.  Upon request of the [executive director,] administrator, the governor shall make application for advances to the State of Nevada in accordance with the provisions of c. 657, 68 Stat. 671, approved August 5, 1954.

      Sec. 1045.  NRS 612.295 is hereby amended to read as follows:

      612.295  The [executive director] administrator is authorized to enter into reciprocal arrangements with the appropriate and duly authorized agencies of other states, or the Federal Government, or both, whereby:

      1.  Services performed by [an individual] a person for a single employing unit for which services are customarily performed by [such individual] the person in more than one state, under circumstances not specifically provided for in NRS 612.065 to 612.145, inclusive, shall be deemed to be service performed entirely within any one of the states in which any part of [such individual] the person’s service is performed, or in which [such individual] the person has his residence, or in which the employing unit maintains a place of business, provided there is in effect, as to such services, an election by an employing unit with the acquiescence of [such individual,] the person, approved by the agency charged with the administration of [such] that state’s unemployment compensation law, pursuant to which services performed by [such individual for such] the person for that employing unit are deemed to be performed entirely within [such] that state.

      2.  Potential rights to benefits accumulated under the unemployment compensation laws of one or more states or under one or more such laws of the Federal Government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the [executive director] administrator finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the unemployment compensation fund.

      3.  Wages or services, upon the basis of which [an individual] a person may become entitled to benefits under an unemployment compensation law of another state or of the Federal Government, shall be deemed to be wages for the purpose of determining his rights to benefits under this chapter, and wages on the basis of which [an individual] a person may become entitled to benefits under this chapter shall be deemed to be wages for services on the basis of which unemployment compensation is payable under such law of another state or of the Federal Government, but no such arrangement [shall] may be entered into unless it contains provisions for reimbursements to the unemployment compensation fund for such of the benefits paid under this chapter upon the basis of such wages or services, and provisions for reimbursements from the unemployment compensation fund for such of the compensation paid under such other law upon the basis of wages, as the [executive director] administrator finds will be fair and reasonable as to all affected interests.

      4.  The [executive director] administrator shall participate in such arrangements for the payment of compensation on the basis of combining [an individual’s] a person’s wages and employment covered under this chapter with his wages and employment covered under the unemployment compensation laws of other states as may be approved by the Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which [shall] include provisions for applying the base period of this or any other single state law to a claim involving the combining of [an individual’s] a person’s wages and employment covered under two or more state unemployment compensation laws, and avoiding the duplicate use of wages and employment by reason of such combining.


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ê1993 Statutes of Nevada, Page 1816 (Chapter 466, AB 782)ê

 

which [shall] include provisions for applying the base period of this or any other single state law to a claim involving the combining of [an individual’s] a person’s wages and employment covered under two or more state unemployment compensation laws, and avoiding the duplicate use of wages and employment by reason of such combining.

      5.  Contributions due under this chapter with respect to wages shall for the purposes of NRS 612.620 to 612.655, inclusive, be deemed to have been paid to the unemployment compensation fund as of the date payment was made as contributions therefor under another state or federal unemployment compensation law, but no such arrangement [shall] may be entered into unless it contains provisions for such reimbursement to the unemployment compensation fund of such contributions as the [executive director] administrator finds will be fair and reasonable as to all affected interests.

      Sec. 1046.  NRS 612.300 is hereby amended to read as follows:

      612.300  1.  Reimbursements paid from the unemployment compensation fund pursuant to subsection 3 of NRS 612.295 shall be deemed to be benefits for the purposes of this chapter.

      2.  The [executive director] administrator is authorized to make to other state or federal agencies, and to receive from such other state or federal agencies, reimbursements from or to the unemployment compensation fund, in accordance with arrangements entered into pursuant to NRS 612.295.

      Sec. 1047.  NRS 612.305 is hereby amended to read as follows:

      612.305  1.  The Nevada employment security council, consisting of nine members appointed by the governor, is hereby created to assure an impartial development of administrative policies within the [employment security department.] division.

      2.  The governor shall appoint members who represent an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment or affiliations, and members who are representatives of the general public.

      3.  The governor shall appoint three of the nine members of the employment security council to serve as a board of review. The board must be comprised of:

      (a) One member who is a representative of labor;

      (b) One member who is a representative of employers; and

      (c) One member who is a representative of the general public.

      4.  The governor may remove any member of the employment security council or board of review for cause.

      [4.]5.  Members of the employment security council are entitled to receive $60 per day for each day of actual service [.

      5.] on the employment security council or board of review.

      6.  Regular meetings of the employment security council may be held twice in each calendar year. Special meetings, not to exceed six in number during any calendar year, may be held at the call of the chairman.

      [6.  The executive director]

      7.  The administrator is an ex officio member of the employment security council and is its secretary. The secretary is not entitled to compensation for his services on the employment security council, but he is entitled to be reimbursed for his necessary traveling and other expenses.


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ê1993 Statutes of Nevada, Page 1817 (Chapter 466, AB 782)ê

 

      Sec. 1048.  NRS 612.310 is hereby amended to read as follows:

      612.310  1.  The employment security council shall act as an advisory council to the [executive director, shall aid the executive director in formulating policies and discussing problems related to the administration of this chapter, and shall recommend to him such policies as will tend to assure impartiality and freedom from political influence in the solution of such problems.

      2.  The employment security council shall take all appropriate steps] administrator to:

      (a) Reduce and prevent unemployment.

      (b) Encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance.

      (c) Investigate, recommend, advise and assist in the establishment and operation by municipalities, counties, school districts and the state of reserves for public works to be used in times of business depression and unemployment.

      (d) Promote the reemployment of unemployed workers throughout the state in every other way that may be feasible.

      (e) Carry on and publish the results of investigations and research studies to these ends.

      [3.]2.  Whenever the employment security council believes that a change in contribution or benefit rates will become necessary to protect the solvency of the unemployment compensation fund, it shall promptly so inform the [executive director] administrator and make recommendations with respect thereto.

      Sec. 1049.  NRS 612.330 is hereby amended to read as follows:

      612.330  1.  The [executive director] administrator shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purposes of performing such duties as are within the purview of the Wagner-Peyser Act, being c. 49, 48 Stat. 113, approved June 6, 1933, as amended, and entitled “An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes,” and also designated as 29 U.S.C. §§ 49 et seq.

      2.  The provisions of the Wagner-Peyser Act, as amended, are hereby accepted by this state in conformity with 29 U.S.C. § 49c, and this state will observe and comply with the requirements thereof.

      3.  The [executive director] administrator shall cooperate with any official or agency of the United States having powers or duties under the provisions of the Wagner-Peyser Act, as amended, and shall do and perform all things necessary to secure to this state the benefits of the Wagner-Peyser Act, as amended, in the promotion and maintenance of a system of public employment offices. The [employment security department] division is hereby designated and constituted the agency of this state for the purposes of the Wagner-Peyser Act, as amended.

      4.  All [moneys] money received by this state under the Wagner-Peyser Act, as amended, [shall] must be paid into the unemployment compensation administration fund, and [such moneys are] is hereby made available to the [executive director] administrator for the Nevada state employment service, to be expended as provided by this chapter and by the Wagner-Peyser Act, as amended.


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ê1993 Statutes of Nevada, Page 1818 (Chapter 466, AB 782)ê

 

[executive director] administrator for the Nevada state employment service, to be expended as provided by this chapter and by the Wagner-Peyser Act, as amended.

      5.  For the purpose of establishing and maintaining free public employment offices, the [executive director] administrator is authorized to enter into agreements with the Railroad Retirement Board, or any other agency of the United States charged with the administration of an unemployment compensation law, with any political subdivision of this state, or with any private nonprofit organizations, and as a part of any such agreement the [executive director] administrator may accept [moneys,] money, services or quarters as a contribution to the unemployment compensation administration fund.

      Sec. 1050.  NRS 612.335 is hereby amended to read as follows:

      612.335  1.  Twenty-four months after the date when contributions first accrue under this chapter, benefits become payable from the fund [; but] , except that wages earned for services performed in the employ of an employer, as defined in the Railroad Unemployment Insurance Act, approved June 25, 1938, being c. 680, 52 Stat. 1094, and also designated as 45 U.S.C. §§ 351 et seq., must not be included to determine eligibility under paragraph (d) of subsection 1 of NRS 612.375 or total amount of benefits under NRS 612.355, with respect to any benefit year commencing on or after July 1, 1939, nor may any benefits with respect to unemployment occurring on and after July 1, 1939, be payable on the basis of such wages under NRS 612.335 to 612.365, inclusive.

      2.  All benefits must be paid through the offices of the [employment security department] division in accordance with such regulations as the [executive director] administrator may prescribe.

      Sec. 1051.  NRS 612.360 is hereby amended to read as follows:

      612.360  Benefits due a deceased or legally declared incompetent person may be paid to such person or persons as appear to the [executive director] administrator to be legally entitled thereto in accordance with authorized regulations. [Such payment shall] A payment must be paid on an affidavit executed by the person or persons claiming to be entitled to the benefits, and the receipt of the affidavit or affidavits [shall fully discharge the executive director] fully discharges the administrator from any further liability with reference to the payment without the necessity of inquiring into the truth of any of the facts stated in the affidavit.

      Sec. 1052.  NRS 612.365 is hereby amended to read as follows:

      612.365  1.  Any person who is overpaid any amount as benefits under this chapter is liable for the amount overpaid unless:

      (a) The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient; and

      (b) The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience, as determined by the [executive director.] administrator.

      2.  The amount of the overpayment [shall] must be assessed to the liable person and he [shall] must be notified of the basis of the assessment. [Such notice shall] The notice must specify the amount for which [such] the person is liable. In the absence of fraud, misrepresentation or willful nondisclosure, notice of [such assessment shall] the assessment must be mailed or personally served not later than 1 year after the close of the benefit year in which the overpayment was made.


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ê1993 Statutes of Nevada, Page 1819 (Chapter 466, AB 782)ê

 

served not later than 1 year after the close of the benefit year in which the overpayment was made.

      3.  At any time within 3 years [from] after the notice of overpayment, the [executive director] administrator may recover the amount of the overpayment either by using the same methods of collection provided in NRS 612.625 to 612.645, inclusive, for the collection of past due contributions or by deducting the amount of the overpayment from any benefits payable the liable person under this chapter.

      4.  The [executive director] administrator may waive recovery or adjustment of all or part of the amount of any such overpayment which he finds to be uncollectible or the recovery or adjustment of which he finds to be administratively impracticable.

      5.  Any person against whom liability is determined under this section may appeal therefrom within 10 days [from] after the date the notice provided for in this section was mailed to, or served upon, [such person. Such appeals shall] the person. An appeal must be made and conducted in the manner provided in this chapter for the appeals from determinations of benefit status. The 10-day period provided for in this subsection may be extended for good cause shown.

      Sec. 1053.  NRS 612.371 is hereby amended to read as follows:

      612.371  1.  Any person who has been awarded back pay because he was unlawfully discharged is liable for the amount of the benefits paid to him during the period for which the back pay was awarded, without regard to the length of time that has passed since the benefits were paid. The employer’s reserve account must be credited, effective as of the date the benefits were paid, with the amount of those benefits. Before an employer pays the employee, he shall ascertain the amount of the benefits received by the person during the period for which back pay was awarded and shall withhold that amount from the payment of back pay. He shall deliver the amount withheld to the [employment security department.] division.

      2.  The [executive director] administrator may recover from the person liable, the amount due within 3 years after the payment of back pay, if the employer does not withhold it, by using the method of collection provided in NRS 612.625 to 612.645, inclusive, or by deducting the amount due from any benefits payable to the person liable for repayment.

      3.  The [executive director] administrator may waive recovery or adjustment of all or part of the amount due which he finds to be uncollectible or the recovery or adjustment of which he finds to be administratively impracticable.

      4.  Any person who is liable pursuant to this section may appeal the repayment within 10 days after the award of back pay. The appeal must be made in the manner provided in this chapter for the appeals from determinations of benefit status. The 10-day period provided for in this subsection may be extended by the [executive director] administrator for good cause.

      Sec. 1054.  NRS 612.375 is hereby amended to read as follows:

      612.375  1.  An unemployed person is eligible to receive benefits with respect to any week only if the [executive director] administrator finds that:

      (a) He has registered for work at, and thereafter has continued to report at, an office of the [employment security department] division in such a manner as the [executive director] administrator prescribes, except that the [executive director] administrator may by regulation waive or alter either or both of the requirements of this paragraph for persons attached to regular jobs and in other types of cases or situations with respect to which he finds that compliance with those requirements would be oppressive or inconsistent with the purposes of this chapter.


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ê1993 Statutes of Nevada, Page 1820 (Chapter 466, AB 782)ê

 

as the [executive director] administrator prescribes, except that the [executive director] administrator may by regulation waive or alter either or both of the requirements of this paragraph for persons attached to regular jobs and in other types of cases or situations with respect to which he finds that compliance with those requirements would be oppressive or inconsistent with the purposes of this chapter.

      (b) He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.

      (c) He is able to work, and is available for work, but no claimant may be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this paragraph if his failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable before the beginning of the illness and disability. No otherwise eligible person may be denied benefits for any week in which he is engaged in training approved pursuant to 19 U.S.C. § 2296 or by the [executive director] administrator by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.

      (d) He has within his base period been paid wages for employers:

             (1) Equal to or exceeding 1 1/2 times his total wages for employment by employers during the quarter of his base period in which his total wages were highest; or

             (2) In each of at least three of the four quarters in his base period.

If a person fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount must be $1 less than one twenty-fifth of his high-quarter wages. No person may receive benefits in a benefit year unless, after the beginning of the next preceding benefit year during which he received benefits, he performed service, whether or not in “employment” as defined in this chapter and earned remuneration for that service in an amount equal to not less than 3 times his basic weekly benefit amount as determined for the next preceding benefit year.

      2.  For any week in which a claimant receives any pension or other payment for retirement, including a governmental or private pension, annuity or other, similar periodic payment, except as otherwise provided in subsection 3 the amount payable to the claimant under a plan maintained by a base-period employer or an employer whose account is chargeable with benefit payments must:

      (a) Not be reduced by the amount of the pension or other payment if the claimant made any contribution to the pension or retirement plan; or

      (b) Be reduced by the entire proportionate weekly amount of the pension or other payment if the employer contributed the entire amount to the pension or retirement plan.

      3.  The amount of the weekly benefit payable to a claimant must not be reduced by the pension offset in subsection 2 if the services performed by the claimant during the base period, or the compensation he received for those services, from that employer did not affect the claimant’s eligibility for, or increase the amount of, the pension or other payment, except for a pension paid pursuant to the Social Security Act or Railroad Retirement Act of 1974, or the corresponding provisions of prior law, which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 2.


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ê1993 Statutes of Nevada, Page 1821 (Chapter 466, AB 782)ê

 

increase the amount of, the pension or other payment, except for a pension paid pursuant to the Social Security Act or Railroad Retirement Act of 1974, or the corresponding provisions of prior law, which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 2.

      Sec. 1055.  NRS 612.377 is hereby amended to read as follows:

      612.377  As used in NRS 612.377 to 612.3786, inclusive, unless the context clearly requires otherwise:

      1.  “Extended benefit period” means a period which begins with the third week after a week for which there is a Nevada “on” indicator and ends with the third week after the first week for which there is a Nevada “off” indicator or the 13th consecutive week after it began, except that no extended benefit period may begin by reason of a Nevada “on” indicator before the 14th week following the end of a prior extended benefit period which was in effect for Nevada.

      2.  There is a “Nevada ‘on’ indicator” for a week if the [executive director] administrator determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted) under NRS 612.377 to 612.3786, inclusive:

      (a) Equaled or exceeded 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding 2 calendar years and equaled or exceeded 5 percent; or

      (b) Equaled or exceeded 6 percent.

      3.  There is a “Nevada ‘off ’ indicator” for a week if the [executive director] administrator determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):

      (a) Was less than 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; or

      (b) Was less than 5 percent.

      4.  “Rate of insured unemployment,” for purposes of subsections 2 and 3, means the percentage derived by dividing the average weekly number of persons filing claims in this state for the weeks of unemployment for the most recent period of 13 consecutive weeks, as determined by the [executive director] administrator on the basis of his reports to the Secretary of Labor using the average monthly employment covered under this chapter as determined by the [executive director] administrator and recorded in [departmental] the records of the division for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.

      5.  “Regular benefits” means benefits payable to a person under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. §§ 8501 et seq.) other than extended benefits.

      6.  “Extended benefits” means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. §§ 8501 et seq.) payable to a person under the provisions of NRS 612.377 to 612.3786, inclusive, for the weeks of unemployment in his eligibility period.


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ê1993 Statutes of Nevada, Page 1822 (Chapter 466, AB 782)ê

 

      7.  “Additional benefits” means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law. Any person who is entitled to both additional and extended benefits for the same week must be given the choice of electing which type of benefit to claim regardless of whether his rights to additional and extended benefits arise under the law of the same state or different states.

      8.  “Eligibility period” of a person means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period and, if his benefit year ends within the extended benefit period, any weeks thereafter which begin in that period.

      9.  “Exhaustee” means a person who, with respect to any week of unemployment in his eligibility period:

      (a) Has received, before that week, all of the regular, seasonal or nonseasonal benefits that were available to him under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. §§ 8501 et seq.) in his current benefit year which includes that week, except that, for the purposes of this paragraph, a person shall be deemed to have received all of the regular benefits that were available to him, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or

      (b) His benefit year having expired [prior to] before that week, has no, or insufficient, wages on the basis of which he could establish a new benefit year which would include that week,

and has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C. §§ 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. §§ 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. §§ 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada. If he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under that law he is considered an exhaustee.

      10.  “State law” means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.

      Sec. 1056.  NRS 612.3772 is hereby amended to read as follows:

      612.3772  Except when the result would be inconsistent with the other provisions of NRS 612.377 to 612.3786, inclusive, as provided in the regulations of the [executive director,] administrator, the provisions of this chapter which apply to claims for, or the payment of, regular benefits [shall] apply to claims for, and the payment of, extended benefits.

      Sec. 1057.  NRS 612.3774 is hereby amended to read as follows:

      612.3774  A person is eligible to receive extended benefits for any week of unemployment in his eligibility period only if the [executive director] administrator finds that with respect to [such] that week:

      1.  He is an “exhaustee”;


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ê1993 Statutes of Nevada, Page 1823 (Chapter 466, AB 782)ê

 

      2.  He has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to persons claiming extended benefits; and

      3.  He was not disqualified for benefits during the period for which he claimed regular benefits because he voluntarily left work, was discharged for misconduct or failed to apply for or accept suitable work, or if he was so disqualified, he thereafter regained his qualification pursuant to subsection 1 of NRS 612.380 or NRS 612.385 or 612.390.

      Sec. 1058.  NRS 612.3784 is hereby amended to read as follows:

      612.3784  1.  Whenever an extended benefit period is to become effective in this state (or in all states) as a result of a Nevada “on” indicator, or an extended benefit period is to be terminated in Nevada as a result of a Nevada “off” indicator, the [executive director] administrator shall make an appropriate public announcement.

      2.  Computations required by the provisions of subsection 4 of NRS 612.377 must be made by the [executive director,] administrator, in accordance with regulations prescribed by the Secretary of Labor.

      Sec. 1059.  NRS 612.380 is hereby amended to read as follows:

      612.380  1.  Except as otherwise provided in subsection 2, a person is ineligible for benefits for the week in which he has voluntarily left his last or next to last employment:

      (a) Without good cause, if so found by the [executive director,] administrator, and until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks.

      (b) To seek better employment and for all subsequent weeks until he secures better employment or until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks, if so found by the [executive director.] administrator.

      2.  A person is not ineligible for benefits solely because he left employment which was not suitable to enter training approved pursuant to 19 U.S.C. § 2296.

      3.  As used in subsection 2, employment is “suitable” if the work is of a substantially equal or higher level of skill than the person’s past adversely affected employment, and the wages are not less than 80 percent of his average weekly wage at his past adversely affected employment.

      Sec. 1060.  NRS 612.385 is hereby amended to read as follows:

      612.385  A person is ineligible for benefits for the week in which he has filed a claim for benefits, if he was discharged from his last or next to last employment for misconduct connected with his work, and remains ineligible until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of not more than 15 weeks thereafter as determined by the [executive director] administrator in each case according to the seriousness of the misconduct.

      Sec. 1061.  NRS 612.390 is hereby amended to read as follows:

      612.390  1.  Except as otherwise provided in NRS 612.392, a person must be disqualified for benefits if the [executive director] administrator finds that he has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the [executive director] administrator or to accept suitable work when offered him. The disqualification continues for the week in which the failure occurred and until he earns wages from employment covered by this chapter equal to or exceeding his weekly benefit amount in each of the number of weeks thereafter determined by the [executive director] administrator according to the circumstances in each case.


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ê1993 Statutes of Nevada, Page 1824 (Chapter 466, AB 782)ê

 

wages from employment covered by this chapter equal to or exceeding his weekly benefit amount in each of the number of weeks thereafter determined by the [executive director] administrator according to the circumstances in each case. The [executive director] administrator shall not require more than 15 weeks.

      2.  In determining whether or not any work is suitable for a person, the [executive director] administrator shall consider the degree of risk involved to his health, safety and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation.

      3.  Work must not be deemed suitable and benefits must not be denied under this chapter to any otherwise eligible person for refusing to accept new work under any of the following conditions:

      (a) If the position offered is vacant due directly to a strike, lockout or other labor dispute.

      (b) If the wages, hours or other conditions of the work offered are substantially less favorable to the person than those prevailing for similar work in the locality.

      (c) If as a condition of being employed the person would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

      Sec. 1062.  NRS 612.392 is hereby amended to read as follows:

      612.392  1.  Except as otherwise provided in subsection 4, a person is not eligible to receive extended benefits for any week of unemployment in his eligibility period if the [executive director] administrator finds that during the period he failed to:

      (a) Accept an offer of suitable work or failed to apply for any suitable work to which he was referred by the [executive director;] administrator;

      (b) Actively engage in a systematic and sustained effort to obtain work; or

      (c) Furnish tangible evidence that he had made such efforts.

      2.  Any person found ineligible for extended benefits pursuant to subsection 1 must also be denied benefits, beginning with the first day of the week after the week in which he was found ineligible, until he has been subsequently employed for 4 weeks and has earned wages equal to not less than four times the weekly amount of the extended benefit.

      3.  As used in this section, “suitable work” means any work which is within the person’s capabilities and for which the gross average weekly wage:

      (a) Exceeds the sum of:

             (1) The amount, if any, of supplemental unemployment benefits (as defined in 26 U.S.C. § 501) payable to the person for the week; and

             (2) The person’s weekly amount of extended benefits as determined pursuant to NRS 612.3776; and

      (b) Is not less than the higher of:

             (1) The minimum wage provided in 29 U.S.C. § 206, without regard to any exemption; or

             (2) Any applicable state minimum wage.

      4.  No person may be denied extended benefits for failure to apply for or accept suitable work if:


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ê1993 Statutes of Nevada, Page 1825 (Chapter 466, AB 782)ê

 

      (a) The position was not offered to the person in writing or was not listed with the employment service;

      (b) The failure does not result in a denial of benefits pursuant to NRS 612.390 to the extent that the criteria for suitability in that section are not inconsistent with the provisions of this section; or

      (c) The person furnishes evidence satisfactory to the [executive director] administrator that his prospects for obtaining work in his customary occupation within a reasonably short period are good. If the evidence is deemed satisfactory, the determination of whether work is suitable for him must be made pursuant to NRS 612.390.

      5.  The [executive director] administrator shall refer any person entitled to extended benefits to any available suitable work.

      Sec. 1063.  NRS 612.395 is hereby amended to read as follows:

      612.395  1.  [An individual shall be] A person is disqualified for benefits for any week with respect to which the [executive director] administrator finds that his total or partial unemployment is due to a labor dispute in active progress at the factory, establishment or other premises at which he is or was last employed.

      2.  This section [shall] does not apply if it is shown to the satisfaction of the [executive director] administrator that:

      (a) The [individual] person is not participating in or financing or directly interested in the labor dispute which caused his unemployment; and

      (b) The [individual] person does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute, there were members employed at the premises at which the labor dispute occurs, any of whom are participating in or financing or directly interested in the labor dispute , [;] but if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purposes of this section, be deemed to be a separate factory, establishment or other premises.

      Sec. 1064.  NRS 612.445 is hereby amended to read as follows:

      612.445  When the [executive director] administrator finds that any person has made a false statement or representation, knowing it to be false, or knowingly failed to disclose a material fact in order to obtain or increase any benefit or other payment under this chapter, [such] the person shall repay to the [executive director] administrator for deposit in the fund a sum equal to all of the benefits received by or paid to [such] the person for each week with respect to which [such] the false statement or representation was made or to which he failed to disclose a material fact. [Such] The person is disqualified from receiving unemployment compensation benefits under this chapter for a period of not more than 52 consecutive weeks beginning with the week in which it is determined that an improper claim was filed involving [such] the false statement or representation or failure to disclose a material fact. The [executive director] administrator shall fix the period of disqualification according to the circumstances in each case.

      Sec. 1065.  NRS 612.448 is hereby amended to read as follows:

      612.448  1.  Benefits are not payable on the basis of services performed by an alien unless, at the time the services were performed, he was:


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ê1993 Statutes of Nevada, Page 1826 (Chapter 466, AB 782)ê

 

      (a) Lawfully admitted for permanent residence in the United States;

      (b) Lawfully present in the United States for the purpose of performing the services; or

      (c) Otherwise permanently residing in the United States under color of law, including an alien who was lawfully present in the United States pursuant to section 207, 208 or 212(d)(5) of the Immigration and Nationality Act.

      2.  Any data or information required of persons applying for benefits to determine whether benefits are not payable to them because of their alien status must be uniformly required from all applicants for benefits.

      3.  In the case of any person whose application for benefits would otherwise be approved, a determination that benefits to that person are not payable because of his alien status may not be made except upon a preponderance of the evidence.

      4.  Any modification of any condition or any effective date for the denial of benefits based on services performed by an alien under the provisions of 26 U.S.C. § 3304(a)(14) which must be made by this state as a condition for full tax credit against the tax imposed by the Unemployment Compensation Amendments of 1976 (P.L. 94-566) must be adopted by regulation of the [executive director.] administrator.

      Sec. 1066.  NRS 612.455 is hereby amended to read as follows:

      612.455  1.  Claims for benefits [shall] must be made in accordance with such regulations as the [executive director] administrator may prescribe, not inconsistent herewith.

      2.  Each employer shall post and maintain in places readily accessible to [individuals] persons in his service a printed statement concerning such regulations or such other matters as the [executive director] administrator may by regulation prescribe.

      3.  Each employer shall supply to each [individual] person in his service, at the time [such individual] the person becomes unemployed, copies of such printed statements or materials relating to claims for benefits or separation notices as the [executive director] administrator may by regulation prescribe. Such printed statements or other material [shall] must be supplied by the [executive director] administrator to each employer without cost to the employer.

      Sec. 1067.  NRS 612.457 is hereby amended to read as follows:

      612.457  1.  Any person filing a claim for benefits shall, at the time he files his claim, indicate whether he owes an obligation for the support of a child.

      2.  If a person eligible for benefits indicates that he owes such an obligation, the [executive director] administrator shall notify the state or local agency responsible for enforcing that obligation.

      3.  The [executive director] administrator shall withhold from the benefits to a person with an obligation for support the amount:

      (a) Specified by that person to be withheld, if there is no agreement or order;

      (b) Agreed upon by that person and the state or local agency, if there is no order; or

      (c) Required to be withheld by the [executive director] administrator by an order of a court served on him.


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ê1993 Statutes of Nevada, Page 1827 (Chapter 466, AB 782)ê

 

      4.  The [executive director] administrator shall pay the amounts withheld under this section to the appropriate state or local agency.

      5.  Any amount withheld by the [executive director] administrator under this section shall be deemed to be paid:

      (a) To the person as his benefit; and

      (b) By that person in satisfaction of his obligation for support.

      6.  This section applies only if the state or local agency receiving money from the [executive director] administrator for the support of a child agrees to reimburse the [employment security department] division for the cost of administering this section.

      7.  For the purposes of this section, an obligation for the support of a child includes support from a parent or other person legally responsible for the child’s support and those attorney’s fees, interest and costs which may have been awarded pursuant to an order of a court.

      8.  As used in this section, “benefits” means any money or other assistance paid to the person for his unemployment pursuant to this chapter and pursuant to any agreement with the Federal Government.

      Sec. 1068.  NRS 612.460 is hereby amended to read as follows:

      612.460  1.  An unemployed [individual] person may file a request for a determination of his benefit status in accordance with regulations prescribed by the [executive director.] administrator. Upon such request, the [executive director] administrator shall furnish the [individual] person with a written determination. If it is determined that the claimant is an insured worker, the determination [will] must include a statement as to the amount of wages for insured work paid to him by each employer in his base period, and the employers by whom [such] those wages were paid. It [shall] must include also his benefit year, his weekly benefit amount and the maximum amount of benefits that may be paid to him for his unemployment during [such] the benefit year. All base-period employers of a claimant [shall] must be notified promptly when a claimant files a request for determination of his benefit status which results in a determination that the claimant is an insured worker.

      2.  If it is determined that the [individual] person is not an insured worker, the determination [will] must include a statement as to the reason therefor, [and shall also include] the amount of wages paid to him by each employer during his base period [,] and the employers by whom [such] those wages were paid.

      Sec. 1069.  NRS 612.470 is hereby amended to read as follows:

      612.470  1.  The [executive director] administrator shall also promptly determine whether an insured worker [shall be found] is ineligible or disqualified with respect to any week occurring within the benefit year.

      2.  The insured worker [shall] must be given a written notice of the determination. A benefit payment shall be deemed a determination with respect to the week for which payment is made and notice to the claimant that he is eligible to receive payment for the period covered thereby. If it is determined that the insured worker is not eligible to receive benefits or is disqualified for any week or weeks, he [shall] must be promptly furnished with a written notice of [such] the determination, which [will] must give the reasons for the determination and the length of the disqualification.


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ê1993 Statutes of Nevada, Page 1828 (Chapter 466, AB 782)ê

 

      Sec. 1070.  NRS 612.475 is hereby amended to read as follows:

      612.475  1.  The last employing unit of any unemployed claimant and the next to last employing unit of an unemployed claimant who has not earned remuneration with his last covered employer equal to or exceeding his weekly benefit amount in each of 16 weeks, must be notified of the claim filed by the unemployed claimant following his separation.

      2.  The notice of the filing of a claim must contain the claimant’s name and social security account number and may contain the reason for separation from the employing unit affected as given by the claimant, the date of separation, and such other information as is deemed proper.

      3.  Upon receipt of a notice of the filing of a claim, the employing unit shall within 10 days of the date of mailing of the notice submit to the [employment security department] division any facts which may affect the claimant’s rights to benefits.

      4.  Any employing unit that receives a notice of the filing of a claim may protest payment of benefits to the unemployed claimant, if the protest is filed within 10 days after the notice is filed.

      5.  Any employing unit which has filed a protest in accordance with the provisions of this section must be notified in writing of the determination arrived at by the [executive director] administrator or his deputy and the notice must contain a statement setting forth the right of appeal.

      Sec. 1071.  NRS 612.480 is hereby amended to read as follows:

      612.480  1.  Except as otherwise provided in subsection 3:

      (a) The [executive director] administrator or a representative authorized to act in his behalf may at any time within 1 year [from] after the date of an initial determination that a person is an insured worker reopen the determination on the grounds of nondisclosure or misrepresentation of material fact, error, mistake or additional information, and may make a redetermination denying all or part of any benefits previously allowed or allowing all or part of any benefits previously denied.

      (b) At any time within 1 year [from] after the end of any week with respect to which a determination allowing or denying benefits has been made, the [executive director] administrator or a representative authorized to act in his behalf may reopen the determination on the grounds of error, mistake or additional information and make a redetermination denying all or part of any benefits previously allowed or allowing all or part of any benefits previously denied.

      (c) At any time within 2 years [from] after the end of any week with respect to which a determination allowing or denying benefits has been made, the [executive director] administrator or a representative authorized to act in his behalf may reopen the determination on the grounds of nondisclosure or misrepresentation of a material fact and make a redetermination denying all or part of any benefits previously allowed or allowing all or part of any benefits previously denied.

      2.  Notice of any redetermination must be promptly furnished to the claimant and any other party entitled to receive the original determination.

      3.  No determination described in subsection 1 may be reopened if an appeal tribunal has rendered a decision respecting that determination.


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ê1993 Statutes of Nevada, Page 1829 (Chapter 466, AB 782)ê

 

      Sec. 1072.  NRS 612.485 is hereby amended to read as follows:

      612.485  1.  Any determination or redetermination [shall be] is final 10 days [from] after the date of notification or mailing of the notice of determination or redetermination unless a request for reconsideration or an appeal is filed within the 10-day period.

      2.  Nothing in this section [shall limit or abridge] limits or abridges the authority of the [executive director] administrator to make a redetermination as provided in NRS 612.480.

      3.  Any notice of a determination or redetermination [shall] must clearly indicate the interested persons’ right to appeal.

      Sec. 1073.  NRS 612.490 is hereby amended to read as follows:

      612.490  1.  To hear and decide appealed claims, the board of review shall appoint one or more impartial appeal tribunals consisting in each case of either a salaried examiner, selected in accordance with NRS 612.230, or a body consisting of three members, one of whom must be a salaried examiner and who serves as chairman, one of whom must be a representative of employers and the other of whom must be a representative of employees. Each of the latter two members serves at the pleasure of the board of review and each is entitled to be paid a fee of not more than $80, as fixed by the board, for each day of active service on the tribunal.

      2.  While engaged in the business of the tribunal, each member of the tribunal is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  No person may participate on behalf of the [executive director] administrator or the board of review in any case in which he is an interested party.

      4.  The board of review may designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. The chairman shall act alone in the absence or disqualification of any other member and his alternates.

      5.  A hearing may not proceed unless the chairman of the appeal tribunal is present.

      6.  The [executive director] administrator shall provide the board of review and the appeal tribunal with proper facilities and assistants for the execution of their functions.

      Sec. 1074.  NRS 612.495 is hereby amended to read as follows:

      612.495  1.  Any person entitled to a notice of determination or redetermination may file an appeal from the determination with an appeal tribunal, and the [executive director] administrator shall be a party respondent thereto. The appeal must be filed within 10 days [of] after the date of mailing or personal service of the notice of determination or redetermination. The 10-day period may be extended for good cause shown. Any employing unit whose rights may be adversely affected may be permitted by the appeal tribunal to intervene as a party respondent to the appeal.

      2.  An appeal [is] shall be deemed to be filed on the date it is delivered to the [employment security department,] division, or, if it is mailed, on the postmarked date appearing on the envelope in which it was mailed, if postage is prepaid and the envelope is properly addressed to the office of the [employment security department] division that mailed notice of the person’s claim for benefits to each employer entitled to notice under NRS 612.475.


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ê1993 Statutes of Nevada, Page 1830 (Chapter 466, AB 782)ê

 

      3.  The 10-day period provided for in this section must be computed by excluding the day the determination was mailed or personally served, and including the last day of the 10-day period, unless the last day is a Saturday, Sunday or holiday, in which case that day must also be excluded.

      4.  The appeal tribunal may permit the withdrawal of the appeal by the appellant at the appellant’s request if there is no coercion or fraud involved in the withdrawal.

      Sec. 1075.  NRS 612.500 is hereby amended to read as follows:

      612.500  1.  A reasonable opportunity for a fair hearing on appeals must be promptly afforded all parties.

      2.  An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules. In addition to the issues raised by the appealed determination, the tribunal may consider all issues affecting the claimant’s rights to benefits from the beginning of the period covered by the determination to the date of the hearing.

      3.  The appeal tribunal shall include in the record and consider as evidence all records of the [executive director] administrator that are material to the issues.

      4.  The board of review shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter.

      5.  A record of all testimony and proceedings on appeal must be kept for 6 months after the date on which a decision of an appeal tribunal is mailed, but testimony need not be transcribed unless further review is initiated. If further review is not initiated within that period, the record may be destroyed.

      6.  Witnesses subpenaed are entitled to fees in the amounts specified in NRS 50.225 and the fees of witnesses so subpenaed shall be deemed part of the expense of administering this chapter.

      7.  A member of an appeal tribunal shall not participate in an appeal hearing in which he has a direct or indirect interest.

      8.  If the records of an appeal have been destroyed pursuant to subsection 5, a person aggrieved by the decision in the appeal may petition a district court for a trial de novo. If the district court finds that good cause exists for the party’s failure to pursue the administrative remedies provided in NRS 612.510, it may grant the petitioner’s request.

      Sec. 1076.  NRS 612.510 is hereby amended to read as follows:

      612.510  1.  After a hearing an appeal tribunal shall make its findings promptly and on the basis thereof affirm, modify or reverse the determination. Each party [shall] must be promptly furnished a copy of the decision and the supporting findings.

      2.  [This decision shall be] The decision is final unless an appeal to the board of review or a request for review or appeal to the board of review is filed, within 10 days after the decision has been mailed to each party’s last known address or otherwise delivered to him. [Such] The 10-day period may be extended for good cause shown.

      3.  A request for review or appeal to the board of review shall be deemed to be filed on the date it is delivered to the [employment security department,] division, or, if it is mailed, on the postmarked date appearing on the envelope in which it was mailed, if the postage was prepaid and the envelope was properly addressed to one of the offices of the [employment security department.]


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ê1993 Statutes of Nevada, Page 1831 (Chapter 466, AB 782)ê

 

in which it was mailed, if the postage was prepaid and the envelope was properly addressed to one of the offices of the [employment security department.] division.

      4.  The time provided for in this section [shall] must be computed in the manner provided in NRS 612.495.

      Sec. 1077.  NRS 612.515 is hereby amended to read as follows:

      612.515  1.  An appeal to the board of review by any party [shall] must be allowed as a matter of right if the appeal tribunal’s decision reversed or modified the [executive director’s] administrator’s determination. In all other cases, further review [shall] must be at the discretion of the board of review.

      2.  The board on its own motion may initiate a review of a decision or determination of an appeal tribunal within 10 days after the date of mailing of the decision.

      3.  The board may affirm, modify or reverse the findings or conclusions of the appeal tribunal solely on the basis of evidence previously submitted, or upon the basis of such additional evidence as it may direct to be taken.

      4.  Each party, including the [executive director, shall] administrator, must be promptly furnished a copy of the decision and the supporting findings of the board of review.

      Sec. 1078.  NRS 612.525 is hereby amended to read as follows:

      612.525  1.  Any decision of the board of review in the absence of an appeal therefrom as herein provided [shall become] becomes final 10 days after the date of notification or mailing thereof, and judicial review thereof [shall be] is permitted only after any party claiming to be aggrieved thereby has exhausted his administrative remedies as provided by this chapter.

      2.  The [executive director] administrator shall be deemed to be a party to any judicial action involving any such decision, and may be represented in any such judicial action by:

      (a) Any qualified attorney employed by the [executive director] administrator and designated by him for that purpose; or

      (b) The attorney general, at the [executive director’s] administrator’s request.

      3.  The [executive director] administrator may appeal from any decision of the board of review to the courts as may any other party to that decision.

      Sec. 1079.  NRS 612.530 is hereby amended to read as follows:

      612.530  1.  Within 10 days after the decision of the board of review has become final, any party aggrieved thereby or the [executive director] administrator may secure judicial review thereof by commencing an action in the district court of the county wherein the appealed claim or claims were filed against the [executive director] administrator for the review of [such decisions,] the decision, in which action any other party to the proceedings before the board of review [shall] must be made a defendant.

      2.  In such action, a petition which need not be verified, but which [shall] must state the grounds upon which a review is sought, [shall] must be served upon the [executive director,] administrator, unless he is the appellant, or upon such person as he may designate, and such service shall be deemed completed service on all parties, but there [shall] must be left with the party so served as many copies of the petition as there are defendants, and the [executive director] administrator shall forthwith mail one such copy to each such defendant.


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ê1993 Statutes of Nevada, Page 1832 (Chapter 466, AB 782)ê

 

[executive director] administrator shall forthwith mail one such copy to each such defendant.

      3.  With his answer or petition, the [executive director] administrator shall certify and file with the court originals or true copies of all documents and papers and a transcript of all testimony taken in the matter, together with the board of review’s findings of fact and decision therein. The [executive director] administrator may also, in his discretion, certify to [such] the court questions of law involved in any decision.

      4.  In any judicial proceedings under this section, the finding of the board of review as to the facts, if supported by evidence and in the absence of fraud, [shall be] is conclusive, and the jurisdiction of the court [shall be] is confined to questions of law.

      5.  Such actions, and the questions so certified, [shall] must be heard in a summary manner and [shall] must be given precedence over all other civil cases except cases arising under chapter 616 of NRS.

      6.  An appeal may be taken from the decision of the district court to the supreme court of Nevada, in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases.

      7.  It [shall not be] is not necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the board of review, and no bond [shall] may be required for entering such appeal.

      8.  Upon the final determination of such judicial proceeding, the board of review shall enter an order in accordance with [such] the determination.

      9.  A petition for judicial review [shall] does not act as a supersedeas or stay unless the board of review [shall so order.] so orders.

      Sec. 1080.  NRS 612.533 is hereby amended to read as follows:

      612.533  Any finding of fact or law, judgment, determination, conclusion or final order made by the [executive director] administrator or an appeal tribunal, examiner, board of review, district court or any other person with the authority to make findings of fact or law pursuant to NRS 612.450 to 612.530, inclusive, is not admissible or binding in any separate or subsequent action or proceeding, between a person and his present or previous employer brought before an arbitrator, court or judge of this state or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts.

      Sec. 1081.  NRS 612.535 is hereby amended to read as follows:

      612.535  1.  Contributions with respect to wages for employment accrue and become payable by each employer for each calendar quarter in which he is subject to this chapter. Contributions are due and payable by each employer to the [executive director] administrator for the fund in accordance with such regulations as the [executive director] administrator may prescribe, and [shall] must not be deducted, in whole or in part, from the wages of persons in employment for that employer.

      2.  In the payment of any contributions, a fractional part of a cent [shall] must be disregarded unless it amounts to one-half cent or more, in which case it [shall] must be increased to 1 cent.


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ê1993 Statutes of Nevada, Page 1833 (Chapter 466, AB 782)ê

 

      3.  Each employing unit, within 30 days after becoming an employer under this chapter, shall register with the [employment security department] division by filing a report form designed and prescribed by the [department.] division.

      Sec. 1082.  NRS 612.550 is hereby amended to read as follows:

      612.550  1.  As used in this section:

      (a) “Average actual duration” means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.

      (b) “Average annual payroll” for each calendar year means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers must be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.

      (c) “Beneficiary” means a person who has received a first payment.

      (d) “Computation date” for each calendar year means June 30 of the preceding calendar year.

      (e) “Covered worker” means a person who has worked in employment subject to this chapter.

      (f) “First payment” means the first weekly unemployment insurance benefit paid to a person in his benefit year.

      (g) “Reserve balance” means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.

      (h) “Reserve ratio” means the percentage ratio that the reserve balance bears to the average annual payroll.

      (i) “Total contributions paid” means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.

      (j) “Unemployment risk ratio” means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the [employment security department] records of the division for the same 12-month period.

      2.  The [executive director] administrator shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which applies to him for each calendar year in order to reflect his experience and classification. The contribution rate of an employer may not be reduced below 2.95 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.95 percent if his account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.


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ê1993 Statutes of Nevada, Page 1834 (Chapter 466, AB 782)ê

 

has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.

      3.  Any employer who qualifies under subsection 9 and receives the experience record of a predecessor employer must be assigned the contribution rate of his predecessor.

      4.  Benefits paid to a person up to and including the computation date must be charged against the records, for experience rating, of his base-period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers, except that:

      (a) If one of the base period employers has paid 75 percent or more of the wages paid to the person during his base period, and except as otherwise provided in NRS 612.551, the benefits, less a proportion equal to the proportion of wages paid during the base period by employers who make reimbursement in lieu of contributions, must be charged to the records for experience rating of that employer. The proportion of benefits paid which is equal to the part of the wages of the claimant for the base period paid by an employer who makes reimbursement must be charged to the record of that employer.

      (b) No benefits paid to a multistate claimant based upon entitlement to benefits in more than one state may be charged to the experience rating record of any employer when no benefits would have been payable except pursuant to NRS 612.295.

      (c) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to a person must not be charged against the accounts of his base-period employers.

      5.  The [executive director] administrator shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify those employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year must be determined by the range within which his reserve ratio falls. The [executive director] administrator shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which must be assigned the various contribution rates provided in subsection 6. The lowest contribution rate must be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate must be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges must be uniform.

      6.  Each employer eligible for a contribution rate based upon experience and classified in accordance with this section must be assigned a contribution rate by the [executive director] administrator for each calendar year according to the following classes:

Class 1..........................................................................        0.25 percent

Class 2..........................................................................        0.55 percent

Class 3..........................................................................        0.85 percent

Class 4..........................................................................        1.15 percent

Class 5..........................................................................        1.45 percent

Class 6..........................................................................        1.75 percent

Class 7.......................................................................... 2.05 percent Class 8                 2.35 percent

 


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ê1993 Statutes of Nevada, Page 1835 (Chapter 466, AB 782)ê

 

Class 8..........................................................................        2.35 percent

Class 9..........................................................................        2.65 percent

Class 10........................................................................        2.95 percent

Class 11........................................................................        3.25 percent

Class 12........................................................................        3.55 percent

Class 13........................................................................        3.85 percent

Class 14........................................................................        4.15 percent

Class 15........................................................................        4.45 percent

Class 16........................................................................        4.75 percent

Class 17........................................................................        5.05 percent

Class 18........................................................................        5.40 percent

      7.  On September 30 of each year, the [executive director] administrator shall determine:

      (a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on March 31;

      (b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the records of the [employment security department] division for the 12 months ending on March 31;

      (c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on September 30; and

      (d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on September 30.

      8.  The [executive director] administrator shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for that calendar year, for each employer whose account is in active status on the records of the [employment security department] division on January 1 of each year and whose account is chargeable with benefit payments on the computation date of that year.

      9.  The experience record of an employer may be transferred to a successor employer as of the effective date of the change of ownership if:

      (a) The successor employer acquires the entire or a severable and distinct portion of the business, or substantially all of the assets, of the employer;

      (b) The successor employer notifies the [employment security department] division of the acquisition in writing within 90 days after the date of the acquisition;

      (c) The employer and successor employer submit a joint application to the [executive director] administrator requesting the transfer; and

      (d) The joint application is approved by the [executive director.] administrator.

The joint application must be submitted within 1 year after the date of issuance by the [department] division of official notice of eligibility to transfer.


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ê1993 Statutes of Nevada, Page 1836 (Chapter 466, AB 782)ê

 

      10.  Whenever an employer has paid no wages in employment for 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the [executive director] administrator shall terminate his experience rating account, and the account must not thereafter be used in any rate computation.

      11.  The [executive director] administrator may adopt reasonable accounting methods to account for those employers which are in a category for providing reimbursement in lieu of contributions.

      Sec. 1083.  NRS 612.551 is hereby amended to read as follows:

      612.551  1.  Except as otherwise provided in subsection 2, when the [department] division has determined that a claimant has earned 75 percent or more of his wages during his base period from one employer, it shall notify the employer of its determination and advise him that he has a right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.

      2.  Benefits paid pursuant to an elected base period following a period of temporary total disability as provided in NRS 612.344 must not be charged against the employer’s record for experience rating.

      3.  If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the [executive director] administrator that the claimant:

      (a) Left his employment voluntarily without good cause or was discharged for misconduct connected with his employment, the [executive director] administrator may order that the benefits not be charged against the employer’s record for experience rating.

      (b) Was the spouse of an active member of the Armed Forces of the United States and left his employment because his spouse was transferred to a different location, the [executive director] administrator shall order that the benefits not be charged against the employer’s record for experience rating.

      4.  The employer may appeal the ruling of the [executive director] administrator as to the cause of the termination of the claimant’s employment in the same manner as appeals may be taken from determinations relating to claims for benefits.

      5.  No determination made pursuant to this section constitutes a basis for disqualifying a claimant to receive benefits.

      Sec. 1084.  NRS 612.553 is hereby amended to read as follows:

      612.553  1.  For the purposes of this section:

      (a) “Nonprofit organization” means any entity described in subsection 1 of NRS 612.121.

      (b) “Political subdivision” means any entity described in subsection 9 of NRS 612.055.

      2.  Any nonprofit organization or any political subdivision which is subject to this chapter:

      (a) Shall pay contributions to the unemployment compensation fund in the manner provided in NRS 612.535 to 612.550, inclusive, unless it elects, in accordance with this section, to pay into the unemployment compensation fund, in lieu of contributions, as reimbursement an amount equivalent to the amount of regular unemployment compensation benefits and one-half of the extended benefits paid to claimants that is attributable to wages paid, except that after December 31, 1978, a political subdivision shall reimburse an amount equal to the regular unemployment compensation benefits and all of the extended benefits.


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ê1993 Statutes of Nevada, Page 1837 (Chapter 466, AB 782)ê

 

that after December 31, 1978, a political subdivision shall reimburse an amount equal to the regular unemployment compensation benefits and all of the extended benefits. The amount of benefits payable by each employer who elects to make payments by way of reimbursement in lieu of contributions [shall] must be an amount which bears the same ratio to the total benefits paid to a person as the total base-period wages paid to that person by the employer bear to the total base-period wages paid to that person by all of his base-period employers. Two or more employers who have become liable for payments by way of reimbursement in lieu of contributions may file a joint application, in accordance with regulations of the [executive director,] administrator, for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers.

      (b) May elect to become liable for payments by way of reimbursement in lieu of contributions, for a period of not less than 1 taxable year beginning with January 1, 1972, provided it files with the [executive director] administrator a written notice of such election within the 30-day period immediately following such date. Such organization remains liable for payments by way of reimbursement in lieu of contributions until it files with the [executive director] administrator a written notice terminating its election not later than 30 days [prior to] before the beginning of the taxable year for which such termination is first effective.

      (c) May elect to become liable for payments by way of reimbursement in lieu of contributions for a period of not less than 4 consecutive calendar quarters beginning with the first day of the calendar quarter on which it became subject to this chapter by filing a written notice with the [executive director] administrator not later than 30 days immediately following the date of the determination that it is subject to this chapter. The organization remains liable for payments by way of reimbursement in lieu of contributions until it files with the [executive director] administrator a written notice terminating its election not later than 30 days [prior to] before the beginning of the taxable year for which the termination is first effective.

      3.  Any nonprofit organization or any political subdivision which is paying contributions as provided in NRS 612.535 to 612.550, inclusive, may change to a reimbursement-in-lieu-of-contributions basis by filing with the [executive director] administrator not later than 30 days [prior to] before the beginning of any taxable year a written notice of its election to become liable for payments by way of reimbursements in lieu of contributions. The election is not terminable by the organization for that and the next taxable year.

      4.  The [executive director] administrator may for a good cause extend the period in which a notice of election or a notice of termination must be filed and may permit an election to be retroactive, but not any earlier than with respect to benefits paid after December 31, 1970, for a nonprofit organization or December 31, 1976, for a political entity.

      5.  The [executive director] administrator shall notify each nonprofit organization and each political subdivision of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. His determination is subject to reconsideration, petitions for hearing and judicial review in accordance with the provisions of this chapter.


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ê1993 Statutes of Nevada, Page 1838 (Chapter 466, AB 782)ê

 

subject to reconsideration, petitions for hearing and judicial review in accordance with the provisions of this chapter.

      6.  The amount of reimbursement in lieu of contributions due from each employing unit which elects to make reimbursement in lieu of contributions shall be determined by the [executive director] administrator as soon as practicable after the end of each calendar quarter or at the end of any other period as determined by the [executive director. The executive director] administrator. The administrator shall bill each employing unit which makes reimbursement in lieu of contributions for an amount determined pursuant to paragraph (a) of subsection 2. Amounts due under this subsection [shall] must be paid not later than 30 days after a bill is mailed to the last known address of the employing unit. If payment is not made on or before the date due and payable, the whole or any part thereafter remaining unpaid [shall bear] bears interest at the rate of one-half percent per month or fraction thereof, from and after the due date until payment is received by the [executive director.] administrator. The amount of payments due hereunder, but not paid, may be collected by the [executive director,] administrator, together with interest and penalties, if any, in the same manner and subject to the same conditions as contributions due from other employers. The amount due specified in any bill from the [executive director] administrator is conclusive and binding on the employing unit, unless not later than 15 days after the bill was mailed to its last known address, the employing unit files an application for redetermination. A redetermination made under this subsection is subject to petition for hearing and judicial review in accordance with the provisions of this chapter. Payments made by any nonprofit organization under the provisions of this section [shall] must not be deducted, in whole or in part, from the wages of any person employed by that organization.

      7.  Benefits are payable on the basis of employment to which this section applies, in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other employment subject to this chapter.

      8.  In determining contribution rates assigned to employers under this chapter, the payrolls of employing units liable for payments in lieu of contributions [shall] must not be included in computing the contribution rates to be assigned to employers under this chapter. The reimbursement in lieu of contributions paid by or due from such employing units [shall] must be included in the total assets of the fund in the same manner as contributions paid by other employers.

      9.  The provisions of NRS 612.550 do not apply to employers who elect reimbursement in lieu of contributions.

      10.  Except as inconsistent with the provisions of this section, the provisions of this chapter and regulations of the [executive director shall] administrator apply to any matter arising pursuant to this section.

      Sec. 1085.  NRS 612.560 is hereby amended to read as follows:

      612.560  1.  Except as otherwise provided in NRS 612.565 to 612.580, inclusive, an employing unit ceases to be an employer subject to this chapter at any time when it appears to the satisfaction of the [executive director] administrator that:


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ê1993 Statutes of Nevada, Page 1839 (Chapter 466, AB 782)ê

 

      (a) During each of the four completed calendar quarters immediately preceding his finding, the employing unit did not employ in employment subject to this chapter one or more persons in any calendar quarter wherein the employing unit had a payroll of $225 or more;

      (b) Any nonprofit organization, as described in subsection 1 of NRS 612.121, does not qualify for coverage because it does not meet the requirements of subparagraph (2) of paragraph (b) of subsection 1 of that section;

      (c) Any agricultural employer, as defined in NRS 612.055, does not qualify for coverage because it does not meet the requirements of that section; or

      (d) Any domestic employer, as defined in NRS 612.055, does not qualify for coverage because it does not meet the requirements of those sections.

      2.  For the purposes of this section, the two or more employing units mentioned in subsection 2 or 3 of NRS 612.055 [shall] must be treated as a single employing unit.

      Sec. 1086.  NRS 612.565 is hereby amended to read as follows:

      612.565  An employing unit, not otherwise subject to this chapter, which files with the [executive director] administrator its written election to become an employer subject hereto for not less than 2 calendar years, [shall,] becomes, with the written approval of such election by the [executive director, become] administrator, an employer subject hereto to the same extent as all other employers, as of the date stated in such approval, and [shall cease] ceases to be subject hereto as of January 1 of any calendar year subsequent to such 2 calendar years only if at least 30 days [prior to] before such January 1 it has filed with the [executive director] administrator a written notice to that effect.

      Sec. 1087.  NRS 612.570 is hereby amended to read as follows:

      612.570  1.  Any employing unit for which services that do not constitute employment, as defined in this chapter, are performed, may file with the [executive director] administrator a written election that all such services performed by [individuals] persons in its employ in one or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this chapter for not less than 2 calendar years.

      2.  Upon the written approval of such election by the [executive director,] administrator, such services shall be deemed to constitute employment subject to this chapter from and after the date stated in such approval.

      3.  Such services [shall] cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such 2 calendar years, only if at least 30 days [prior to] before such January 1 such employing unit has filed with the [executive director] administrator a written notice to that effect.

      Sec. 1088.  NRS 612.580 is hereby amended to read as follows:

      612.580  The [executive director] administrator may terminate the approval of the election of coverage made by any employing unit pursuant to NRS 612.565 and 612.570 at any time upon 30 days’ written notice.

      Sec. 1089.  NRS 612.585 is hereby amended to read as follows:

      612.585  1.  There is hereby established as a special fund, separate and apart from all public [moneys] money or funds of this state, an unemployment compensation fund, which [shall] must be administered by the [executive director] administrator exclusively for the purposes of this chapter.

      2.  [This fund shall consist] The fund consists of:


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ê1993 Statutes of Nevada, Page 1840 (Chapter 466, AB 782)ê

 

      (a) All contributions, or reimbursements in lieu of contributions collected under this chapter.

      (b) Interest earned upon [any moneys] the money in the fund.

      (c) Any property or securities acquired through the use of [moneys] money belonging to the fund.

      (d) All earnings of such property or securities.

      (e) All money credited to the account of the State of Nevada in the unemployment trust fund pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103).

      (f) All other [moneys] money received for the fund from any other source.

      3.  All [moneys] money in the fund [shall] must be mingled and undivided.

      4.  All fines and penalties collected pursuant to the criminal provisions of this chapter [shall] must be paid to the state permanent school fund.

      Sec. 1090.  NRS 612.590 is hereby amended to read as follows:

      612.590  1.  The state treasurer shall:

      (a) Be the treasurer and custodian of the fund.

      (b) Administer [such] the fund in accordance with the directions of the [executive director.] administrator.

      (c) Issue his warrants upon it in accordance with such regulations as the [executive director shall prescribe.] administrator prescribes.

      2.  The state treasurer shall maintain within the fund three separate accounts:

      (a) A clearing account.

      (b) An unemployment trust fund account.

      (c) A benefit account.

      3.  All [moneys] money payable to the fund, upon receipt thereof by the [executive director, shall] administrator, must be forwarded to the state treasurer, who shall immediately deposit [them] it in the clearing account.

      4.  Refunds payable pursuant to NRS 612.655 may be paid from the clearing account or from the benefit account upon warrants issued by the state treasurer under the direction of the [executive director.] administrator.

      5.  After clearance thereof, all other [moneys] money in the clearing account [shall] must be immediately deposited with the Secretary of the Treasury to the credit of the account of this state in the unemployment trust fund established and maintained pursuant to Section 904 of the Social Security Act, as amended, (42 U.S.C. § 1104), any provisions of law in this state relating to the deposit, administration, release or disbursement of [moneys] money in the possession or custody of this state to the contrary notwithstanding.

      6.  The benefit account [shall consist of all moneys] consists of all money requisitioned from this state’s account in the unemployment trust fund.

      7.  Except as herein otherwise provided, [moneys] money in the clearing and benefit accounts may be deposited by the state treasurer, under the direction of the [executive director,] administrator, in any bank or public depositary in which general [funds] money of the state may be deposited, but no public deposit insurance charge or premium [shall] may be paid out of the fund.


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ê1993 Statutes of Nevada, Page 1841 (Chapter 466, AB 782)ê

 

      8.  [Moneys] Money in the clearing and benefit accounts [shall] must not be commingled with other state [funds, but shall] money, but must be maintained in a separate account on the books of the depositary. [Such moneys shall] Money in the clearing and benefit accounts must be secured by the bank or public depositary to the same extent and in the same manner as required by the general depositary laws of the State of Nevada, and collateral pledged [shall] must be maintained in a separate custody account.

      Sec. 1091.  NRS 612.595 is hereby amended to read as follows:

      612.595  1.  [Moneys shall] Money may be requisitioned from this state’s account in the unemployment trust fund solely for the payment of benefits and refunds in accordance with regulations prescribed by the [executive director,] administrator, except that [moneys] money credited to the account of the State of Nevada pursuant to Section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), [shall] must be used exclusively as provided in NRS 612.617.

      2.  The [executive director] administrator shall from time to time requisition from the unemployment trust fund such amounts, not exceeding the amounts standing to this state’s account therein, as he deems necessary for the payment of benefits for a reasonable future period.

      3.  Upon receipt thereof the state treasurer shall deposit such [moneys] money in the benefit account and the state treasurer shall issue his warrants for the payment of benefits solely from such benefit account.

      4.  Expenditures of such [moneys] money in the benefit account and refunds from the clearing account [shall not be] are not subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody.

      5.  All warrants issued by the state treasurer for the payment of benefits and refunds [shall] must bear the signature of the state treasurer and the countersignature of the [executive director,] administrator, or his duly authorized agent for that purpose.

      6.  Any balance of [moneys] money requisitioned from the unemployment trust fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned [shall] must be either deducted from estimates for, and may be utilized for the payment of, benefits during succeeding periods, or in the discretion of the [executive director shall] administrator must be redeposited with the Secretary of the Treasury to the credit of this state’s account in the unemployment trust fund, as provided in NRS 612.590.

      Sec. 1092.  NRS 612.600 is hereby amended to read as follows:

      612.600  1.  The provisions of NRS 612.585, 612.590 and 612.595, to the extent that they relate to the unemployment trust fund, [shall be] are operative only so long as [such] the unemployment trust fund continues to exist and so long as the Secretary of the Treasury continues to maintain for this state a separate book account of all [funds] money deposited therein by this state for benefit purposes, together with this state’s proportionate share of the earnings of [such] the unemployment trust fund, from which no other state is permitted to make withdrawals.


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ê1993 Statutes of Nevada, Page 1842 (Chapter 466, AB 782)ê

 

      2.  If and when [such] the unemployment trust fund ceases to exist, or such separate book account is no longer maintained, all [moneys,] money, properties or securities therein belonging to the unemployment compensation fund of this state [shall] must be transferred to the state treasurer as treasurer of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit and release such [moneys,] money, properties or securities in a manner approved by the [executive director] administrator in accordance with the provisions of this chapter. Investments [shall] must at all times be so made that all the assets of the fund [shall always be] are always readily convertible into cash when needed for the payment of benefits.

      3.  The state treasurer shall dispose of securities or other properties belonging to the unemployment compensation fund only under the direction of the [executive director.] administrator.

      Sec. 1093.  NRS 612.601 is hereby amended to read as follows:

      612.601  1.  There is hereby created in the state treasury a fund for the employment of claimants as a special revenue fund. The [executive director] administrator is responsible for the administration of the fund for the employment of claimants.

      2.  All payments collected pursuant to NRS 612.602 must be deposited in the fund for the employment of claimants.

      3.  The [executive director shall] administrator may only expend the money in the fund for the employment of claimants to:

      (a) Establish and administer an employment training program which must foster care job creation, minimize unemployment costs of employers and meet the needs of employers for skilled workers by providing training to unemployment compensation claimants; and

      (b) Pay the costs of the collection of payments required pursuant to NRS 612.602.

      4.  The money in the fund for the employment of claimants must supplement and not displace money available through existing employment training programs conducted by any employer or public agency and must not replace, parallel, supplant, compete with or duplicate in any way existing apprenticeship programs approved by the state apprenticeship council.

      Sec. 1094.  NRS 612.603 is hereby amended to read as follows:

      612.603  1.  Payments required pursuant to NRS 612.602 accrue and become payable by each employer for each calendar quarter in which he is subject to the provisions of this chapter. Payments must be submitted from each employer to the [executive director] administrator with the contributions submitted for the same calendar quarter and must not be deducted, in whole or in part, from the wages of persons in employment for that employer.

      2.  In making the payments required to NRS 612.602, a fractional part of a cent must be disregarded unless it amounts to one-half cent or more, in which case it must be increased to 1 cent.

      Sec. 1095.  NRS 612.605 is hereby amended to read as follows:

      612.605  1.  There is hereby created the unemployment compensation administration fund as a special revenue fund.

      2.  All money which is deposited or paid into this fund is hereby appropriated to the [executive director.] administrator.


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ê1993 Statutes of Nevada, Page 1843 (Chapter 466, AB 782)ê

 

      3.  All money in [this fund shall] the fund may be expended solely for the purpose of defraying the cost of the administration of this chapter.

      4.  All money received from the Department of Labor for the fund pursuant to Section 302 of the Social Security Act (42 U.S.C. § 502) [shall] may be expended solely for the purposes and in the amounts found necessary by the Department of Labor for the proper and efficient administration of this chapter.

      5.  In addition to money deposited pursuant to NRS 612.617, the fund [shall consist] consists of:

      (a) All money appropriated by this state.

      (b) All money received from the United States of America or any agency thereof, including the Department of Labor, the Railroad Retirement Board, and the United States Employment Service.

      (c) All money received from any other source, for such purpose.

      6.  Money received from the Railroad Retirement Board as compensation for services or facilities supplied to the board [shall] must be paid into [this] the fund.

      7.  Any balances in [this fund shall] the fund do not lapse at any time, but [shall be] are continuously available to the [executive director] administrator for expenditure consistent with this chapter.

      8.  Money in [this fund shall] the fund must not be commingled with other state [funds, but shall] money, but must be maintained in a separate account on the books of the depository. [This account shall] The account must be secured by the depository in which it is held to the same extent and in the same manner as required by the general depositary laws of the state, and collateral pledged [shall] must be maintained in a separate custody account.

      9.  All sums recovered on any official bond for losses sustained by the unemployment compensation administration fund [shall] must be deposited in the unemployment compensation administration fund.

      10.  All money requisitioned and deposited in [this] the fund pursuant to NRS 612.617 [shall] must be used in accordance with the conditions specified in NRS 612.617.

      Sec. 1096.  NRS 612.610 is hereby amended to read as follows:

      612.610  1.  If any [moneys] money received after June 30, 1941, from the Department of Labor under Title III of the Social Security Act, or any unencumbered balances in the unemployment compensation administration fund as of that date, or any [moneys] money granted after that date to this state pursuant to the provisions of the Wagner-Peyser Act, are found by the Department of Labor, because of any action or contingency, to have been lost or expended for purposes other than, or in amounts in excess of, those found necessary by the Department of Labor for the proper administration of this chapter, it is the policy of this state that such [moneys shall] money must be replaced by [moneys] money appropriated for such purpose from the general fund of this state to the unemployment compensation administration fund for expenditure as provided in NRS 612.605. Upon receipt of notice of such a finding by the Department of Labor, the [executive director] administrator shall promptly report the amount required for such replacement to the governor, and the governor shall at the earliest opportunity submit to the legislature a request for the appropriation of [such] that amount.


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ê1993 Statutes of Nevada, Page 1844 (Chapter 466, AB 782)ê

 

      2.  This section [shall not be construed to] does not relieve this state of its obligation with respect to [funds received prior to] money received before July 1, 1941, pursuant to the provisions of Title III of the Social Security Act.

      Sec. 1097.  NRS 612.615 is hereby amended to read as follows:

      612.615  1.  There is hereby created the employment security fund as a special revenue fund.

      2.  All interest and forfeits collected under NRS 612.620 to 612.675, inclusive, and 612.740 [shall] must be paid into [this] the fund.

      3.  All money which is deposited or paid into [this] the fund is hereby appropriated and made available to the [executive director. This money shall] administrator. The money may not be expended or made available for expenditure in any manner which would permit its substitution for, or a corresponding reduction in, federal payments which would, in the absence of this money, be available to finance expenditures for the administration of the employment security laws of the State of Nevada.

      4.  This section does not prevent this money from being used as a revolving fund to cover expenditures, necessary and proper under the law, for which federal payments have been duly requested but not yet received, subject to the repayment to the fund of such expenditures when received.

      5.  The money in this fund [shall] must be used by the [executive director] administrator for the payment of costs of administration which are found not to have been properly and validly chargeable against federal grants received for or in the unemployment compensation administration fund.

      6.  Any balances in this fund [shall] do not lapse at any time, but [shall be] are continuously available to the [executive director] administrator for expenditure consistent with this chapter.

      7.  Money in this fund [shall] must not be commingled with other state [funds, but shall] money, but must be maintained in a separate account on the books of the depositary.

      Sec. 1098.  NRS 612.617 is hereby amended to read as follows:

      612.617  1.  Money credited to the account of this state in the unemployment trust fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may be requisitioned and used for the payment of expenses incurred for the administration of this chapter, pursuant to a specific appropriation by the legislature, if the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:

      (a) Specifies the purposes for which [such] the money is appropriated and the amounts appropriated therefor;

      (b) Limits the period within which [such] the money may be expended to a period ending not more than 2 years after the date of the enactment of the appropriation law; and

      (c) Limits the amount which may be used during a 12-month period beginning on July 1 and ending on June 30 of the following year to an amount which does not exceed the amount by which the aggregate of the amounts credited to the account of this state pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), during the same 12-month period and the 24 preceding 12-month periods, exceeds the aggregate of the amounts used pursuant to this section and charged against the amounts credited to the account of this state during any of such 25 12-month periods.


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ê1993 Statutes of Nevada, Page 1845 (Chapter 466, AB 782)ê

 

amounts used pursuant to this section and charged against the amounts credited to the account of this state during any of such 25 12-month periods.

      2.  For the purposes of subsection 1, amounts used during any such 12-month period [shall] must be charged against equivalent amounts which were first credited and which are not already so charged, except that no amount used during any such 12-month period for the administration of this chapter may be charged against any amount credited during such a 12-month period earlier than the 24th preceding period.

      3.  Money credited to the account of this state pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may not be withdrawn or used except for:

      (a) The payment of benefits; and

      (b) The payment of expenses for the administration of this chapter pursuant to this section.

      4.  Money appropriated for the payment of expenses of administration pursuant to this section [shall] may be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, [shall] must be deposited in the unemployment compensation administration fund from which such payments [shall] must be made. The [executive director] administrator shall maintain a separate record of the deposit, obligation, expenditure and return of funds so deposited. Money so deposited [shall,] must, until expended, remain a part of the unemployment compensation fund and, if it will not be expended, [shall] must be returned promptly to the account of this state in the unemployment trust fund.

      Sec. 1099.  NRS 612.620 is hereby amended to read as follows:

      612.620  1.  When any contribution as provided in this chapter [shall remain] remains unpaid on the date on which it becomes due and payable, as prescribed by the [executive director, it shall bear] administrator, it bears interest at the rate of one-half of 1 percent for each month or portion of a month thereafter until such payment, plus accrued interest, is received by the [executive director.] administrator.

      2.  Interest accrued under this section [shall] may not be waived under any circumstances.

      3.  Interest collected pursuant to this section [shall] must be paid into the employment security fund.

      Sec. 1100.  NRS 612.625 is hereby amended to read as follows:

      612.625  If, after due notice thereof, any employer defaults in any payment of contributions, interest or forfeit imposed under this chapter, the [executive director,] administrator, or his authorized representative, may collect the amount due by civil action brought in the name of the State of Nevada in the district court. As provided in NRS 31.010, the [executive director] administrator or his authorized representative may have the property of the defendant attached.

      Sec. 1101.  NRS 612.630 is hereby amended to read as follows:

      612.630  1.  In addition to or independently of the remedy by civil action provided in NRS 612.625, the [executive director,] administrator, or his authorized representative, after giving to any employer who defaults in any payment of contributions, interest or forfeit provided by this chapter 15 days’ notice by registered or certified mail, addressed to his last known place of business or address, may file in the office of the clerk of the district court in the county in which the employer has his principal place of business, or if there is no such principal place of business, then in Carson City, a certificate, which need not be verified, but which [shall] must specify the amount of contribution, interest and forfeit due, the name and last known place of business of the employer liable for the same, and which [shall] must contain a statement that the unemployment compensation service has complied with all the provisions of this chapter in relation to the computation and levy of the contribution, together with the request that judgment be entered for the State of Nevada, and against the employer named, in the amount of the contribution, interest and forfeit set forth in the certificate.


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ê1993 Statutes of Nevada, Page 1846 (Chapter 466, AB 782)ê

 

business or address, may file in the office of the clerk of the district court in the county in which the employer has his principal place of business, or if there is no such principal place of business, then in Carson City, a certificate, which need not be verified, but which [shall] must specify the amount of contribution, interest and forfeit due, the name and last known place of business of the employer liable for the same, and which [shall] must contain a statement that the unemployment compensation service has complied with all the provisions of this chapter in relation to the computation and levy of the contribution, together with the request that judgment be entered for the State of Nevada, and against the employer named, in the amount of the contribution, interest and forfeit set forth in the certificate.

      2.  Within the 15-day period, the employer may pay the amount specified in such notice, under protest, to the [executive director, and shall thereupon have] administrator, and thereupon has the right to initiate, within 60 days following such payment, and to maintain his action against the unemployment compensation service for a refund of all or any part of any such amount and to recover so much thereof as may have been erroneously assessed or paid. Such an action by the employer [shall] must be commenced and maintained in the district court in the county wherein is located the principal place of business of the employer. In the event of entry of judgment for the employer, the unemployment compensation service shall promptly refund such sum without interest as may be determined by the court.

      3.  If no such payment under protest is made as provided in subsection 2, upon filing the certificate as provided in subsection 1, the clerk of the district court shall immediately enter a judgment in favor of the unemployment compensation service and against the employer in the amount of the contributions, interest and forfeit set forth in the certificate.

      Sec. 1102.  NRS 612.635 is hereby amended to read as follows:

      612.635  1.  An abstract of a judgment entered pursuant to NRS 612.630 or a copy thereof may be recorded with the county recorder of any county in the State of Nevada, and from the time of [such] the recording the amount of the contribution, interest and forfeit therein set forth [shall constitute] constitutes a lien upon all the real and personal property of the employer in such county, owned by him or which he may afterward acquire, which lien [shall have] has the force, effect and priority of a judgment lien.

      2.  Execution [shall] must issue upon such a judgment upon request of the [executive director] administrator or his authorized representative in the same manner as execution may issue upon other civil judgments, and sales [shall] must be held under such execution as upon other executions upon civil judgments.

      Sec. 1103.  NRS 612.655 is hereby amended to read as follows:

      612.655  1.  Where a payment of contributions, forfeit or interest has been erroneously collected, an employer may, not later than 3 years after the date on which such payments became due, make application for an adjustment thereof in connection with subsequent contributions, forfeit or interest payments or for a refund. All such adjustments or refunds will be made without interest. An adjustment or refund will not be made in any case with respect to contributions on wages which have been included in the determination of an eligible claim for benefits, unless [and until] it is shown to the satisfaction of the [executive director] administrator that such determination was due entirely to the fault or mistake of the [employment security department.]


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ê1993 Statutes of Nevada, Page 1847 (Chapter 466, AB 782)ê

 

satisfaction of the [executive director] administrator that such determination was due entirely to the fault or mistake of the [employment security department.] division.

      2.  Refunds of interest and forfeit collected under NRS 612.620 to 612.675, inclusive, and 612.740 and paid into the employment security fund established by NRS 612.615 [shall] must be made only from the employment security fund.

      Sec. 1104.  NRS 612.660 is hereby amended to read as follows:

      612.660  If an employer [shall neglect or refuse] neglects or refuses to make and file any report of wages and contributions as required by this chapter or by any regulation of the [executive director,] administrator, or if any report which has been filed is deemed by the [executive director] administrator to be incorrect or insufficient, and if, within 7 days after the [executive director] administrator has given written notice by mail to the employer to file a sufficient report, the employer fails to file such report, the [executive director] administrator may make an estimate based upon any information in his possession of the amount of wages paid or payable by the employer for the period or periods in respect to which he has failed to report, which estimate [shall be] is prima facie correct, and upon the basis of such estimated amount shall compute and assess the contribution payable by the employer, together with all forfeit and interest which may have accrued for the period covered by the assessment.

      Sec. 1105.  NRS 612.665 is hereby amended to read as follows:

      612.665  1.  Upon the levy of any assessment as provided in NRS 612.660, the [executive director] administrator shall forthwith give written notice thereof by mail to the employer at his last known address. The notice [shall:] must:

      (a) Contain the amount of the assessment and forfeit, if there be any.

      (b) Advise the employer of the right to petition for readjustment thereof as provided in this chapter.

      2.  The assessment [shall become] becomes final, and the amount of contribution and forfeit therein specified [shall become] becomes due and payable, 15 days after the date of mailing such notice, except as otherwise provided in this chapter.

      3.  An assessment which has become final [shall be] is subject to the same interest as provided in NRS 612.620 for other unpaid contributions.

      Sec. 1106.  NRS 612.670 is hereby amended to read as follows:

      612.670  1.  At any time within 15 days after the mailing of the notice of assessment, the employer affected thereby may file a verified petition with the [executive director] administrator praying for readjustment of the assessment so levied. At the time of filing the petition the employer upon whom an assessment is levied shall deposit a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon his compliance with the provisions of this chapter. The amount of the bond must be determined by the [executive director] administrator in such a manner as he deems proper. In lieu of a bond, the employer may deposit with the [executive director] administrator a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the [executive director.]


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ê1993 Statutes of Nevada, Page 1848 (Chapter 466, AB 782)ê

 

savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the [executive director.] administrator.

      2.  The petition may request a hearing before the [executive director] administrator and must specify the objections to the assessment.

      3.  The [executive director] administrator may by regulation prescribe the manner in which petitions for modification are determined. The regulations must guarantee to the employer a fair hearing on the question of his liability for contributions.

      4.  If, at any time within 1 year following the date of mailing of a notice of assessment, it appears to the satisfaction of the [executive director] administrator that any assessment is unreasonable or unjust, or not in conformity with the facts, he may modify the assessment to conform to the facts, as of the date of the original assessment.

      5.  The order or decision of the [executive director] administrator modifying an assessment is final, and the sum therein specified becomes payable 10 days after the date of mailing notice of the order or decision to the employer.

      Sec. 1107.  NRS 612.675 is hereby amended to read as follows:

      612.675  1.  Whenever the [executive director] administrator finds that the collection of any contribution computed under the provisions of law will be jeopardized by delay, he may immediately assess the contribution together with all forfeit and interest which may have accrued, whether or not the final date otherwise prescribed for making the contribution has arrived. Upon assessment, the contribution is immediately due, the contributions together with all forfeit and interest which may have accrued are immediately payable, and notice of demand for payment must be made upon the employer for the payment thereof. Upon failure or refusal to pay the assessed contribution, forfeit and interest, collection thereof may be enforced according to the provisions of law applicable to the collection of unpaid contributions.

      2.  When a jeopardy assessment has been made as provided in subsection 1, the employer may stay its collection until such time as the contributions for the period in question would normally become due, by filing a bond with the [executive director] administrator which is executed by the employer as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned on the payment of the contribution at the proper time. The amount of the required security must be equal to the amount of the assessment, rounded off to the next larger integral multiple of $100.

      3.  In lieu of a bond, the employer may deposit with the [executive director] administrator a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the [executive director.] administrator.

      Sec. 1108.  NRS 612.680 is hereby amended to read as follows:

      612.680  1.  Contributions, penalties and interest due and unpaid from any employer [shall be] constitute a lien upon all of the assets of [such employer, such] the employer, the lien to be prior to and paid in preference to all other liens or claims except prior recorded liens and prior taxes.


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ê1993 Statutes of Nevada, Page 1849 (Chapter 466, AB 782)ê

 

      2.  Within 60 days after such contributions become delinquent, the [executive director] administrator may cause to be filed with the county recorder of the county in which the property is situated a notice of claim of lien setting forth a true statement of the amount due, after deducting all just credits and offsets, and the default of such employer. Upon such filing the [executive director] administrator shall cause a copy of [such] the notice to be mailed to the employer. The county recorder shall file [such] the notice of claim of lien, which file [shall] must be indexed.

      3.  The lien so created [shall be] constitutes a lien upon all property, either real or personal, of the employer within the county in which [such] the notice of claim of lien is filed.

      4.  The lien hereby created may be foreclosed by a suit in the district court in the manner provided by law for the foreclosure of other liens on real or personal property.

      5.  Any lien, as provided in this section, may be released, compromised or satisfied by the [executive director,] administrator, and the property against which a lien is claimed [shall] may be released therefrom by filing a notice of such release or satisfaction with the county recorder of the county in which the notice of lien claim was filed.

      Sec. 1109.  NRS 612.685 is hereby amended to read as follows:

      612.685  1.  As used in this section, “person” includes this state, and any county, municipality, district or other political subdivision thereof.

      2.  If any employing unit is delinquent in the payment of any contribution, forfeit or interest provided for in this chapter, the [executive director] administrator may, not later than 3 years after the payment became delinquent, or within 6 years of the recording of the judgment under NRS 612.635, give notice of the amount of such delinquency by registered or certified mail to any person having in his possession or under his control any credit or other personal property belonging to such delinquent employing unit, or owing any debt to such employing unit at the time of the receipt of the registered or certified notice.

      3.  Any person so notified shall neither transfer, pay over, nor make any other disposition of such debt, credit or other personal property until the [executive director shall have consented] administrator consents thereto in writing, or until 30 days [shall] have elapsed from and after the receipt of [such] the notice.

      4.  All persons so notified must, within 5 days after receipt of [such] the notice, advise the [executive director] administrator of any and all such credits, debts or other personal property in their possession, under their control, or owing by them, as the case may be.

      Sec. 1110.  NRS 612.687 is hereby amended to read as follows:

      612.687  1.  Every contractor, as defined in NRS 624.020, who contracts with a subcontractor who is an employer under the provisions of this chapter or becomes such an employer [prior to] before the completion of [such] the contract shall, in connection with each such contract:

      (a) Withhold sufficient [moneys] money on the contract; or

      (b) Require of such subcontractor a good and sufficient surety bond, to guarantee the payment of all contributions, penalties and interest which are due or become due pursuant to the provisions of this chapter with respect to wages paid for employment on [such] the contract.


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ê1993 Statutes of Nevada, Page 1850 (Chapter 466, AB 782)ê

 

to guarantee the payment of all contributions, penalties and interest which are due or become due pursuant to the provisions of this chapter with respect to wages paid for employment on [such] the contract.

      2.  Any contractor who fails to comply with the provisions of subsection 1 is directly liable for all contributions, penalties and interest due from [such] the subcontractor pursuant to the provisions of this chapter with respect to wages paid for employment on [such] the contract, as if the services in question had been performed directly for the contractor, and the remedies of collection which are available to the [executive director] administrator under the provisions of this chapter against the subcontractor as employer are equally available against the contractor.

      Sec. 1111.  NRS 612.690 is hereby amended to read as follows:

      612.690  1.  Every assignee, receiver, trustee in bankruptcy, liquidator, administrator, executor, sheriff, constable or any other person who [shall sell] sells substantially all of:

      (a) The business;

      (b) The stock of goods;

      (c) The furniture or fixtures;

      (d) The machinery and equipment; or

      (e) The goodwill,

of any employing unit shall, not less than 5 days [prior to] before the date of [such] the sale, notify the [employment security department] division of the name and address of the person conducting [such sale,] the sale and the date, place and the terms of [such sale, and shall give] the sale, and provide the division with a description of the property to be sold.

      2.  Any assignee, receiver, trustee in bankruptcy, liquidator, administrator, executor, sheriff, constable or any other person who [shall fail] fails to observe the requirements of this section [shall be] is personally responsible for all loss in contribution, interest or forfeit attributable to such failure to notify the [employment security department] division as herein provided.

      Sec. 1112.  NRS 612.695 is hereby amended to read as follows:

      612.695  1.  Any employer who , [shall,] outside the usual course of his business, [sell] sells substantially all or any one of the classes of assets enumerated in subsection 1 of NRS 612.690 and [shall quit] quits business, shall within 10 days after [such] the sale file such reports as the [executive director] administrator may prescribe and pay the contributions, interest or forfeits required by this chapter with respect to wages for employment to the date of the sale.

      2.  The purchaser shall withhold sufficient of the purchase money to cover the amount of all contributions and forfeits due and unpaid until such time as the seller [shall produce] produces a receipt from the [executive director] administrator showing that the contributions and forfeits have been paid or a certificate showing that no contributions or forfeits are due.

      3.  If the seller [shall fail, within such] fails, within the 10-day period, to produce [such] the receipt or certificate, the purchaser shall pay the sum so withheld to the [executive director] administrator upon demand.

      4.  If [such purchaser shall fail] the purchaser fails to withhold purchase money as provided in subsection 2 and the contributions, interest and forfeits [shall] are not paid within the 10 days specified in this section, [such purchaser shall be] the purchaser is personally liable for the payment of the contributions and forfeits accrued and unpaid on account of the operation of the business by the former owner.


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ê1993 Statutes of Nevada, Page 1851 (Chapter 466, AB 782)ê

 

purchaser shall be] the purchaser is personally liable for the payment of the contributions and forfeits accrued and unpaid on account of the operation of the business by the former owner.

      Sec. 1113.  NRS 612.705 is hereby amended to read as follows:

      612.705  1.  No [individual] person claiming benefits [shall] may be charged fees of any kind in any proceeding under this chapter by the board of review, the [executive director,] administrator, or its or his representatives, or by any court or officer thereof.

      2.  Any [individual] person claiming benefits in any proceeding before the [executive director] administrator or the board of review, or his or its representatives, or a court, may be represented by counsel or other duly authorized agent, but no such counsel or agents [shall] may either charge or receive for such services more than an amount approved by the board of review.

      3.  Any person, firm or corporation who [shall exact or receive] exacts or receives any remuneration or gratuity for any services rendered on behalf of a claimant except as allowed by this section and in an amount approved by the board of review is guilty of a misdemeanor.

      4.  Any person, firm or corporation who [shall solicit] solicits the business of appearing on behalf of a claimant or who [shall make] makes it a business to solicit employment for another in connection with any claim for benefits under this chapter is guilty of a misdemeanor.

      Sec. 1114.  NRS 612.717 is hereby amended to read as follows:

      612.717  If the [executive director] administrator finds that any employer or any employee, officer or agent of any employer has willfully made a false statement or representation or has willfully failed to report a material fact concerning the termination of a claimant’s employment, he shall make a determination thereon, charging the employer’s reserve account not less than two nor more than sixteen times the weekly benefit amount of [such] the claimant. The [executive director] administrator shall give notice to the employer of a determination under this section. Appeals may be taken from the determination in the same manner as appeals from determinations on benefit claims.

      Sec. 1115.  NRS 612.725 is hereby amended to read as follows:

      612.725  Any person residing in this state who claims benefits under any agreement existing between the [employment security department of Nevada] division and some other state or the Federal Government, who willfully makes a false statement or representation or knowingly fails to disclose a material fact to obtain or increase benefits under the provisions of the unemployment law of any other state or the Federal Government [shall be] is guilty of a misdemeanor.

      Sec. 1116.  NRS 612.740 is hereby amended to read as follows:

      612.740  1.  Any employing unit or any officer or agent of any employing unit or any other person who [shall fail] fails to submit such reports as are prescribed and required by the [executive director] administrator within the time prescribed by the [executive director] administrator shall pay a forfeit of $5 for each such report.

      2.  Any employing unit or any officer or agent of any employing unit or any other person who [shall fail] fails to submit any report of wages within 10 days following the expiration of the time prescribed by the [executive director] administrator for filing [such] the report shall, in addition to the $5 forfeit specified in subsection 1, pay interest upon the wages subject to contributions involved in [such] the report of one-tenth of 1 percent for each month or portion of each month thereafter until [such] the report has been filed [; but] , except that when it appears to the satisfaction of the [executive director] administrator that the failure to file reports within the time prescribed was due to circumstances over which the employing unit, its officers or agent had no control, then the [executive director] administrator may, in his discretion, waive the collection of all or any portion of such forfeit or interest.


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days following the expiration of the time prescribed by the [executive director] administrator for filing [such] the report shall, in addition to the $5 forfeit specified in subsection 1, pay interest upon the wages subject to contributions involved in [such] the report of one-tenth of 1 percent for each month or portion of each month thereafter until [such] the report has been filed [; but] , except that when it appears to the satisfaction of the [executive director] administrator that the failure to file reports within the time prescribed was due to circumstances over which the employing unit, its officers or agent had no control, then the [executive director] administrator may, in his discretion, waive the collection of all or any portion of such forfeit or interest.

      3.  Forfeits and interest as provided in this section [shall] must be paid into the employment security fund.

      Sec. 1117.  NRS 612.745 is hereby amended to read as follows:

      612.745  1.  In any civil action to enforce the provisions of this chapter the [executive director,] administrator, the board of review and the state may be represented by:

      (a) Any qualified attorney who is employed by the [executive director] administrator and is designated by him for the purpose;

      (b) The attorney general, at the [executive director’s] administrator’s request; or

      (c) The district attorney of the proper county.

      2.  All criminal actions for violation of any provisions of this chapter, or of any rules or regulations issued pursuant thereto, [shall] must be prosecuted by the attorney general or by the district attorney of any county in which the employer has a place of business or the violator resides.

      Sec. 1118.  NRS 612.750 is hereby amended to read as follows:

      612.750  1.  The [executive director] administrator is authorized to make such investigations, secure and transmit such information, make available such services and facilities, and exercise such of the other powers made available to him with respect to the administration of this chapter as he deems necessary or appropriate to facilitate the administration of another state or federal unemployment compensation or public employment service law, and, in like manner, to accept and utilize information, services and facilities made available to this state by the agency charged with the administration of any such other unemployment compensation or public employment service law.

      2.  To the extent permissible under the laws and Constitution of the United States, the [executive director] administrator is authorized to enter into or cooperate in arrangements whereby facilities and services provided for under this chapter and facilities and services provided under the unemployment compensation law of any foreign government may be utilized for the taking of claims and the payment of benefits under the unemployment compensation law of this state or under a similar law of such government.

      Sec. 1119.  NRS 612.752 is hereby amended to read as follows:

      612.752  In order to continue to participate in programs under the Job Training Partnership Act (29 U.S.C. §§ 1501 et seq.), as that act exists on January 1, 1987, the [employment security department] division is authorized to:


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ê1993 Statutes of Nevada, Page 1853 (Chapter 466, AB 782)ê

 

      1.  Administer training programs and pay training allowances as provided by the Job Training Partnership Act;

      2.  Execute on behalf of this state agreements or contracts with the appropriate federal agencies containing provisions necessary or desirable to enable this state to participate in such programs;

      3.  Expend all money made available for the purposes of such programs by this state, local subdivisions thereof or by the Federal Government;

      4.  Supervise the expenditure of that money and the operation of the programs by other public and private agencies in this state;

      5.  Make reports and certifications as required; and

      6.  Cooperate in any other manner with the Federal Government and its departments and agencies in the administration of such programs.

      Sec. 1120.  NRS 612.760 is hereby amended to read as follows:

      612.760  If the tax imposed by Title IX of the Social Security Act or any amendments thereto, or any other federal tax against which contributions under this chapter may be credited [shall] for any cause [become] becomes inoperative, the provisions of this chapter, by virtue of that fact, [shall] likewise become inoperative, and any unobligated [funds] money in the unemployment compensation fund or returned by the Secretary of the Treasury because the Social Security Act is inoperative [shall] must be refunded to the contributors proportionately to their unexpended contributions, under the regulations of the [executive director.] administrator.

      Sec. 1121.  NRS 615.020 is hereby amended to read as follows:

      615.020  As used in this chapter the words and terms defined in NRS [615.025] 615.031 to 615.140, inclusive, unless the context otherwise requires, have the meanings ascribed to them in those sections.

      Sec. 1122.  NRS 615.050 is hereby amended to read as follows:

      615.050  “Department” means the department of [human resources.] employment, training and rehabilitation.

      Sec. 1123.  NRS 615.150 is hereby amended to read as follows:

      615.150  The department, through the [administrator,] director, shall administer the provisions of this chapter as the sole agency of the State of Nevada for such purpose.

      Sec. 1124.  NRS 615.180 is hereby amended to read as follows:

      615.180  1.  The chief shall:

      (a) Subject to the approval of the [administrator,] director, adopt rules and regulations necessary to carry out the purposes of this chapter;

      (b) Establish appropriate administrative units within the bureau;

      (c) Subject to the approval of the [administrator,] director, appoint such personnel as is necessary for the proper and efficient performance of the functions of the bureau;

      (d) Prescribe the duties of the personnel of the bureau;

      (e) Prepare and submit to the governor, through the director, before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;

      (f) Make certification for the disbursement of money available for carrying out the purposes of this chapter; and


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ê1993 Statutes of Nevada, Page 1854 (Chapter 466, AB 782)ê

 

      (g) Take such other action as may be necessary or appropriate to cooperate with public and private agencies and otherwise to carry out the purposes of this chapter.

      2.  The chief may delegate to any officer or employee of the bureau such of his powers and duties as he finds necessary to carry out the purposes of this chapter.

      Sec. 1125.  NRS 615.220 is hereby amended to read as follows:

      615.220  1.  To facilitate the making of disability determinations in this state, the department through the division, on behalf of the State of Nevada, may enter into an agreement or agreements with the United States Government, by and through the Secretary of Health and Human Services, or any other federal agency, for the making of disability determinations, receiving and expending federal money for the making of such determinations, and performing other acts and functions necessary to effectuate the provisions of any Act of Congress, and all applicable federal regulations adopted pursuant thereto.

      2.  The department, by and through the division, shall make the disability determinations required by the provisions of any Act of Congress, and the state treasurer shall disburse the money required for the making of such determinations upon claims by the [administrator] director in the same manner as other claims against the state are paid.

      Sec. 1126.  NRS 615.255 is hereby amended to read as follows:

      615.255  1.  There is hereby created the vocational rehabilitation revolving account in the amount of $35,000 to be used for the payment of claims of applicants for or recipients of services from the bureau and vendors providing services to those applicants or recipients under procedures established by the bureau.

      2.  Upon written request from the chief, the state controller shall draw his warrant from money already appropriated in favor of the chief in the sum of $35,000. When the warrant is paid, the chief shall deposit the $35,000 in a bank qualified to receive deposits of public money. The bank must secure the deposit with a depository bond satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation.

      3.  After expenditure of money from the revolving account, the chief shall present a claim to the state board of examiners. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of the claim in favor of the vocational rehabilitation revolving account, to be paid to the order of the chief, and the state treasurer shall pay it.

      4.  Money in the vocational rehabilitation revolving account does not revert to the state general fund at the end of the fiscal year, but remains in the revolving account.

      5.  Purchases paid for from the vocational rehabilitation revolving account for the purposes authorized by subsection 1 may be exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of [general services] administration or his designated representative.

      Sec. 1127.  NRS 615.260 is hereby amended to read as follows:

      615.260  1.  All gifts of money which the bureau is authorized to accept must be deposited in the state treasury for credit to the rehabilitation gift account in the department of [human resources’] employment, training and rehabilitation’s gift fund.


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ê1993 Statutes of Nevada, Page 1855 (Chapter 466, AB 782)ê

 

account in the department of [human resources’] employment, training and rehabilitation’s gift fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.

      2.  All claims must be approved by the chief before they are paid.

      Sec. 1128.  NRS 615.280 is hereby amended to read as follows:

      615.280  1.  Any person applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the bureau or the [administrator] director with respect to him is entitled, in accordance with regulations, to a fair hearing before a hearing officer.

      2.  A person aggrieved by the decision of a hearing officer is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

      Sec. 1129.  NRS 616.026 is hereby amended to read as follows:

      616.026  “Administrator” means the administrator of the division . [of industrial insurance regulation of the department of industrial relations.]

      Sec. 1130.  NRS 616.027 is hereby amended to read as follows:

      616.027  1.  Except as otherwise provided in subsection 3, “average monthly wage” means the lesser of:

      (a) The monthly wage actually received or deemed to have been received by the employee on the date of the accident or injury to the employee excluding remuneration from employment:

             (1) Not subject to the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act;

             (2) Specified in NRS 616.255 or 617.180; and

             (3) For which coverage is elective, but has not been elected; or

      (b) One hundred fifty percent of the state average weekly wage as most recently computed by the employment security division of the department of employment, training and rehabilitation during the fiscal year preceding the date of the injury or accident, multiplied by 4.33.

      2.  For the purposes of this section, “wage” is increased by the amount of tips reported by an employee to his employer pursuant to 26 U.S.C. § 6053(a), except:

      (a) Tips in a form other than cash; and

      (b) Tips in cash which total less than $20 per month.

      3.  For the purpose of increasing compensation for permanent total disability pursuant to NRS 616.6262 or increasing death benefits pursuant to NRS 616.6282, “average monthly wage” has the meaning shown in the following schedule:

                                                                                                 Average Monthly Wage

                Effective Date                                                             for Prior Fiscal Year

 

July 1, 1973 .................................................................            $688.60

July 1, 1974 .................................................................              727.48

July 1, 1975 .................................................................              761.47

July 1, 1976 .................................................................              807.33

July 1, 1977 .................................................................              858.29

July 1, 1978 .................................................................              918.05

July 1, 1979 .................................................................              992.31

July 1, 1980 .................................................................           1,061.24

 


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ê1993 Statutes of Nevada, Page 1856 (Chapter 466, AB 782)ê

 

      Sec. 1131.  NRS 616.053 is hereby amended to read as follows:

      616.053  “Division” means the division of [industrial insurance regulation of the department of] industrial relations [.] of the department of business and industry.

      Sec. 1132.  NRS 616.069 is hereby amended to read as follows:

      616.069  A member of the Nevada Wing of the Civil Air Patrol who participates:

      1.  In a mission; or

      2.  In training,

which has been authorized by the division of emergency management of the department of [the military] motor vehicles and public safety shall be deemed for the purposes of this chapter to be an employee of the division of emergency management at the wage of $600 per month and, in the event of injury during such a mission or training, is entitled to the benefits of this chapter.

      Sec. 1133.  NRS 616.083 is hereby amended to read as follows:

      616.083  Trainees in a rehabilitation facility operated by the rehabilitation division of the department of [human resources,] employment, training and rehabilitation, while engaged in an evaluation or training program and while acting under the direction or authorization of the rehabilitation division [of the department of human resources] in any county, city or town, shall be deemed, for the purpose of this chapter, employees of the rehabilitation division [of the department of human resources] receiving a wage of $200 per month, and [shall be] are entitled to the benefits of this chapter upon compliance by the rehabilitation division . [of the department of human resources.]

      Sec. 1134.  NRS 616.1701 is hereby amended to read as follows:

      616.1701  1.  The state industrial insurance system is hereby established as an independent actuarially funded system for the purpose of insuring employers against liability for injuries and occupational diseases for which their employees may be entitled to benefits under this chapter or chapter 617 of NRS, and the federal Longshoremen’s and Harbor Workers’ Compensation Act.

      2.  The system is a public agency which administers and is supported by the state insurance fund. The executive and legislative departments of the state government shall regularly review the system.

      3.  The system is entitled to use any services provided to state agencies, and [such] shall use the services of the purchasing division of the department of [general services.] administration. The system is not required to use any other service. Except as otherwise provided for specified positions, its employees are in the classified service of the state.

      4.  The official correspondence and records, other than the files of individual claimants and policyholders, and the minutes and books of the system are public records and must be available for public inspection.

      Sec. 1135.  NRS 612.182 is hereby amended to read as follows:

      616.182  1.  Except as otherwise provided in this section, the [department of industrial relations] division shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the [department’s] division’s regulations.

      2.  The commissioner of insurance is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers and third-party administrators pursuant to NRS 616.291 to 616.298, inclusive, NRS 616.338 and chapter 683A of NRS.


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ê1993 Statutes of Nevada, Page 1857 (Chapter 466, AB 782)ê

 

and third-party administrators pursuant to NRS 616.291 to 616.298, inclusive, NRS 616.338 and chapter 683A of NRS.

      3.  The department of administration is responsible for administrative appeals relating to workers’ compensation pursuant to NRS 616.541 to 616.544, inclusive. The system is responsible for administrative appeals pursuant to NRS 616.392.

      4.  The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.

      5.  The division [of industrial insurance regulation] is responsible for the investigation of complaints. If a complaint is filed with the division by an employee of a self-insured employer, or by a third-party administrator or provider of medical care regarding compliance of a self-insured employer with statutes or the [department’s] division’s regulations, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons.

      6.  If an investigation conducted pursuant to subsection 5 indicates that a self-insured employer has failed to comply with a statute or regulation, the administrator may order that an evidentiary hearing take place. Upon a finding that material noncompliance has occurred, the administrator shall impose a fine of not more than $1,000 against the self-insured employer. Two or more findings of material noncompliance within a 12-month period constitute grounds for the suspension of the self-insured employer’s certification by the commissioner of insurance.

      Sec. 1136.  NRS 616.187 is hereby amended to read as follows:

      616.187  1.  The [director] administrator shall cause to be conducted at least every 3 years an audit of all insurers who provide benefits to injured employees pursuant to this chapter or chapter 617 of NRS. The [director] administrator shall cause to be conducted each year on a random basis additional partial audits of any insurer who has a history of violations of the provisions of this chapter or chapter 617 of NRS, or the regulations adopted pursuant thereto, as determined by the [director.] administrator.

      2.  The [director] administrator shall require the use of standard auditing procedures and shall establish a manual to describe the standard auditing procedures. The manual must include:

      (a) Specific audit objectives;

      (b) Standards for documentation;

      (c) Policies for supervisory review;

      (d) Policies for the training of auditors;

      (e) The format for the audit report; and

      (f) Procedures for the presentation, distribution and retention of the audit report.

      3.  The commissioner and the [director] administrator shall establish a procedure for sharing information between the [department] division of insurance of the department of business and industry and the [department] division concerning the qualifications of employers as self-insured employers pursuant to NRS 616.291.

      4.  On or before March 1 of each year, the [director] administrator shall make a report of each audit to the legislature, if it is in session, or to the interim finance committee if the legislature is not in session.


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ê1993 Statutes of Nevada, Page 1858 (Chapter 466, AB 782)ê

 

      Sec. 1137.  NRS 616.188 is hereby amended to read as follows:

      616.188  1.  The [department] division shall, after consulting with and considering the advice of persons representative of organized labor groups, employers, insurers and providers of health care, adopt regulations establishing standards of care for the provisions of accident benefits to employees who have suffered industrial injuries or occupational diseases. The standards must include, but are not limited to criteria and protocols to be used as minimal guides for evaluating and ensuring the quality of programs of treatment and for reviewing the:

      (a) Utilization of diagnostic procedures and the provision of other medical services;

      (b) Treatment and expected durations of industrial injuries and occupational diseases;

      (c) Utilization of narcotic drugs and other forms of medication;

      (d) Referral of patients to obtain a second opinion; and

      (e) Provision of care by more than one provider of health care.

The standards must be consistent with national or regional guidelines and must be specific to medicine for industrial injuries and occupational diseases.

      2.  The [department] division shall, after consulting with and considering the advice of persons representative of organized labor groups, employers, insurers and providers of health care, periodically review and revise as necessary the standards established pursuant to subsection 1.

      3.  An insurer and each person who provides any accident benefit to an employee who has suffered an industrial injury or occupational disease shall comply with the regulations adopted pursuant to this section.

      Sec. 1138.  NRS 616.192 is hereby amended to read as follows:

      616.192  1.  Except as otherwise provided in this section and in NRS 616.193 and 616.550, information obtained from any employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

      2.  Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under this chapter.

      3.  The [department] division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The manager may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

      (a) Any agency of this or any other state charged with the administration or enforcement of workers’ compensation law, unemployment compensation law, public assistance law or labor law;

      (b) Any state or local agency for the enforcement of child support; [or]

      (c) The Internal Revenue Service of the Department of the Treasury [.] ; or

      (d) The department of taxation.

Information obtained in connection with the administration of a workers’ compensation program may be made available to persons or agencies for purposes appropriate to the operation of a workers’ compensation program.

      4.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the manager that he furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer.


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ê1993 Statutes of Nevada, Page 1859 (Chapter 466, AB 782)ê

 

the manager that he furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the manager shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

      5.  The manager shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax. The manager may charge a reasonable fee to cover any related administrative expenses.

      6.  If any employee or member of the board of directors or manager or any employee of the manager, in violation of this section, discloses information obtained from files of claimants or policyholders, or if any person who has obtained a list of claimants or policyholders under this chapter uses or permits the use of the list for any political purposes, he is guilty of a gross misdemeanor.

      7.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 1139.  NRS 616.1925 is hereby amended to read as follows:

      616.1925  1.  The [director] administrator shall establish a method of indexing claims for compensation that will make information concerning the claimants of one insurer available to other insurers.

      2.  The index of claims must include claims filed with:

      (a) The system; and

      (b) Self-insured employers after January 1, 1984.

      3.  Every self-insured employer shall provide information as required by the [director] administrator for establishing and maintaining the index of claims.

      4.  If an employee files a claim with an insurer, the insurer is entitled to receive from the [director] administrator a list of the prior claims of the employee. If the insurer desires to inspect the files related to the prior claims, he must obtain the written consent of the employee.

      5.  Any information obtained from the index of claims must be admitted into evidence in any hearing before an appeals officer, a hearing officer or the administrator.

      6.  The [department] division may assess and collect a reasonable fee for its services provided pursuant to this section. The fee must be payable monthly or at such other intervals as determined by the [director.] administrator.

      Sec. 1140.  NRS 616.215 is hereby amended to read as follows:

      616.215  Except in cases of emergency, all necessary printing, including forms, blanks, envelopes, letterheads, circulars, pamphlets, bulletins and reports required to be printed by the administrator must be done by the state printing and micrographics division of the department of [general services.]


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ê1993 Statutes of Nevada, Page 1860 (Chapter 466, AB 782)ê

 

printing and micrographics division of the department of [general services.] administration.

      Sec. 1141.  NRS 616.2223 is hereby amended to read as follows:

      616.2223  1.  The system may execute agreements for the provision of vocational rehabilitation services for injured employees with the employment security division of the department [,] of employment, training and rehabilitation, the rehabilitation division of the department of human resources and any other state or federal agency which provides such services. The fees for those services must be established by the agency which provides the services. The provisions of this subsection do not preclude the system from providing vocational rehabilitation services for injured employees.

      2.  The administrator shall adopt regulations concerning the use of programs that provide vocational rehabilitation services and which are located outside Nevada.

      Sec. 1142.  NRS 616.2225 is hereby amended to read as follows:

      616.2225  1.  The system may execute an agreement for the provision of vocational rehabilitation services for injured employees with a private person if:

      (a) The manager proves to the satisfaction of the administrator that such an agreement is necessary because the system lacks sufficient resources to provide such services for all injured employee presently eligible for them; and

      (b) The selection of a private person to provide vocational rehabilitation services is made from bids received in accordance with chapter 333 of NRS.

      2.  The manager shall appoint a committee of five persons to oversee the bidding and develop criteria for the selection of a private person to provide vocational rehabilitation services. The criteria must include, without limitation:

      (a) A bidder’s previous record of successful rehabilitation of injured employees, including the average costs of the placement of those employees in other employment;

      (b) A bidder’s performance on previous contracts entered into with governmental agencies;

      (c) The services provided by a bidder with regard to training injured employees for and placing them in other employment, and the average rates of pay for that employment; and

      (d) The record of a bidder in placing injured employees in other employment.

The successful bidder must be selected based on these criteria. The committee may assign a different value to each of the various criterion.

      3.  The bidding and the records related to the bidding are subject to review by any member of the public upon request.

      4.  The successful bidder must be a person certified to provide vocational rehabilitation services by a national organization recognized and approved by the [director.] administrator.

      Sec. 1143.  NRS 616.223 is hereby amended to read as follows:

      616.223  1.  The system and the rehabilitation division of the department of [human resources] employment, training and rehabilitation shall annually enter into an agreement which provides for procedures, services, rates, standards for referrals and requirements for reports to ensure cooperation in the providing of services by each agency to persons served by the other when those services are available.


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ê1993 Statutes of Nevada, Page 1861 (Chapter 466, AB 782)ê

 

providing of services by each agency to persons served by the other when those services are available.

      2.  The system may enter into agreements with:

      (a) Other public agencies and with private entities to provide assistance to employees who have suffered industrial injuries or occupational diseases; and

      (b) Medical facilities or facilities for the dependent to provide services for rehabilitation to patients of such facilities in facilities operated by the system.

      3.  Except as provided in this subsection, the system may admit to any of its facilities any person:

      (a) Who may benefit from its services;

      (b) Who has been referred by a physician or chiropractor to receive services for rehabilitation; and

      (c) Whose admission is approved by the medical director of the facility.

A person who is not a claimant must not be admitted to a facility if he is terminally ill or referred solely for treatment of abuse of alcohol or drugs.

      4.  In providing services under an agreement entered into pursuant to this section, the system [must] shall give priority to employees who have suffered industrial injuries or occupational diseases. In accepting other persons to provide services for rehabilitation, the system may restrict admissions to those persons who are suffering from injuries similar to industrial injuries.

      5.  Charges for patients who are not claimants of benefits for industrial injuries or occupational diseases must be the same as the charges made for claimants, except that the system may add a reasonable charge for administration of each case.

      Sec. 1144.  NRS 616.253 is hereby amended to read as follows:

      616.253  1.  The office of the Nevada attorney for injured workers is hereby created [.] within the department of business and industry. The governor shall appoint the Nevada attorney for injured workers for a term of 4 years.

      2.  The Nevada attorney for injured workers:

      (a) Must be an attorney licensed to practice law in this state.

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

      (c) Except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.

      3.  The duties of the Nevada attorney for injured workers are limited to those prescribed by NRS 616.2537 and 616.2539.

      Sec. 1145.  NRS 616.2539 is hereby amended to read as follows:

      616.2539  1.  The provisions of NRS 616.253 to 616.2539, inclusive, do not prevent any claimant from engaging private counsel at any time, but the employment of private counsel relieves the Nevada attorney for injured workers from further presentation of the claimant’s case. Any claimant who uses the services of the Nevada attorney for injured workers and who also retains private counsel shall reimburse the [department] division for the reasonable cost of the services of the Nevada attorney for injured workers.

      2.  The Nevada attorney for injured workers shall submit a report to the governor containing a statement of the number of claimants represented, the status of each case and the amount and nature of the expenditures made by his office.


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ê1993 Statutes of Nevada, Page 1862 (Chapter 466, AB 782)ê

 

      Sec. 1146.  NRS 616.272 is hereby amended to read as follows:

      616.272  1.  An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his employees and their beneficiaries under this chapter and chapter 617 of NRS .

      2.  A self-insured employer is not required to pay the premiums required of other employers pursuant to this chapter and chapter 617 of NRS but is relieved from other liability for personal injury to the same extent as are other employers.

      3.  The claims of employees and their beneficiaries resulting from injuries while in the employment of self-insured employers must be handled in the manner provided by this chapter, and the self-insured employer is subject to the regulations of the [department] division with respect thereto.

      4.  The security deposited pursuant to NRS 616.291 does not relieve that employer from responsibility for the administration of claims and payment of compensation under this chapter.

      Sec. 1147.  616.277 is hereby amended to read as follows:

      616.277  1.  In case of injury, coverage by industrial insurance must be provided for rehabilitation trainees while enrolled in a rehabilitation facility operated by the rehabilitation division of the department of [human resources,] employment, training and rehabilitation, related to evaluation, treatment, training, surgical apparatuses or medications.

      2.  The [administrator of the rehabilitation division] director of the department of [human resources] employment, training and rehabilitation shall make payments to the system on all trainees enrolled in a rehabilitation facility operated by the rehabilitation division of the department [of human resources] in this state at the rate set by the system based on a wage of $200 per month per trainee.

      3.  Payments must be made from the account for rehabilitation facilities of the rehabilitation division . [of the department of human resources.]

      Sec. 1148.  NRS 616.335 is hereby amended to read as follows:

      616.335  The books, records and payrolls of the employer pertinent to the administration of this chapter must always be open to inspection by the administrator, the system or its auditor, agent or assistant , or by auditors of the department of taxation for the purpose of ascertaining the correctness of the payroll, the men employed, and such other information as may be necessary for the system and its administration.

      Sec. 1149.  NRS 616.337 is hereby amended to read as follows:

      616.337  All self-insured employers shall report to the administrator, annually or at intervals which the administrator requires, all accidental injuries, occupational diseases, dispositions of claims, reserves and payments made under this chapter, chapter 617 of NRS or regulations adopted by the [department] division pursuant thereto.

      Sec. 1150.  NRS 616.340 is hereby amended to read as follows:

      616.340  1.  Every employer within the provisions of this chapter shall, immediately upon the occurrence of an injury to any of his employees, render to the injured employee all necessary first aid, including the cost of transportation of the injured employee to the nearest place of proper treatment if the injury is such as to make it reasonably necessary for such transportation.


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ê1993 Statutes of Nevada, Page 1863 (Chapter 466, AB 782)ê

 

      2.  Each such employer who is not self-insured or his agent shall notify the insurer’s claims administrator in writing of the accident. The notification of the accident must be postmarked within 6 working days after receipt of knowledge of the accident and, if the injured employee is expected to be off work for 5 days or more, must include a statement of the wages of the injured employee. An employee of the system shall not complete any form concerning the accident for an employer unless the employer:

      (a) Is not in business;

      (b) Has not been located by the insurer within 5 working days after receipt of the notification of the accident; or

      (c) Refuses to complete the forms.

      3.  Each employer who files a report of an injury with the insurer shall file a full report of every known injury to the employee arising out of and in the course of his employment and resulting in his loss of life or injury. The report must be:

      (a) Signed by the employer or his designee; and

      (b) Furnished to the insurer in the form prescribed and certain specific answers to all questions required by the regulations of the [department.] division.

      4.  An employer who is not self-insured is entitled to receive reimbursement from his insurer for the costs incurred in rendering the necessary first aid and transportation of an injured employee to the nearest place of proper treatment.

      Sec. 1151.  NRS 616.345 is hereby amended to read as follows:

      616.345  1.  Every employer within the provisions of this chapter, and every physician or chiropractor who attends an injured employee within the provisions of this chapter shall file with the insurer a complete report of every known injury to the employee arising out of and in the course of his employment and resulting in his loss of life or injury.

      2.  Reports must be furnished to the insurer in the form prescribed, be postmarked within 3 working days after the examination of the employee and contain special answers to all questions required by the regulations of the [department.] division.

      3.  The administrator shall impose an administrative fine on a person who fails to comply with the provisions of subsection 1. The administrator may impose a fine of not more than $1,000 for each failure.

      Sec. 1152.  NRS 616.350 is hereby amended to read as follows:

      616.350  The physician or chiropractor shall inform the injured employee of his rights under this chapter and lend all necessary assistance in making application for compensation and such proof of other matters as required by the rules of the [department,] division, without charge to the employee.

      Sec. 1153.  NRS 616.377 is hereby amended to read as follows:

      616.377  1.  If an employee who has been hired or who is regularly employed in this state suffers an accident or injury arising out of and in the course of his employment, and his employer has failed to provide mandatory industrial insurance coverage, the employee may elect to receive compensation from the uninsured employers’ claim fund by:

      (a) Filing a claim for compensation with the system;

      (b) Filing a written notice of his election with the division; and


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ê1993 Statutes of Nevada, Page 1864 (Chapter 466, AB 782)ê

 

      (c) Making an irrevocable assignment to the division of his right of action against the uninsured employer.

      2.  If the system receives a claim pursuant to subsection 1, the system shall immediately:

      (a) Notify the employer of the claim; and

      (b) Deliver to the division any evidence regarding the claim and any evidence indicating that the employer was uninsured.

      3.  For the purposes of this section, the employer has the burden of proving that he provided mandatory industrial insurance coverage for the employee.

      4.  Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim fund or incurred by the division . [or department.]

      5.  The division:

      (a) May recover from the employer the payments described in subsection 4 and any accrued interest by bringing a civil action in district court.

      (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employee’s injury.

      (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.

      (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

      6.  The division shall determine whether the employer was insured within 30 days after receiving notice of the claim from the employee. Upon determining that a claim is valid, the division shall assign the claim to the system for administration of the claim, payment of benefits and reimbursement of costs of administration and benefits paid to the system. Upon determining that a claim is invalid, the division shall notify the claimant, the named employer and the system that the claim will not be assigned for benefits from the uninsured employers’ claim fund.

      7.  Any party aggrieved by a decision regarding the administration of an assigned claim or a decision made by the division or by the system regarding any claim made pursuant to this section may appeal that decision within 60 days after the decision is rendered to the hearings division of the department of administration in the matter provided by NRS 616.5412 to 616.544, inclusive.

      8.  All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

      9.  An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.


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ê1993 Statutes of Nevada, Page 1865 (Chapter 466, AB 782)ê

 

      10.  Attorney’s fees recoverable by the division pursuant to this section must be:

      (a) If a private attorney is retained by the [department,] division, paid at the usual and customary rate for that attorney.

      (b) If the attorney is an employee of the [department,] division, paid at the rate established by regulations adopted by the [department.] division.

Any money collected must be deposited to the uninsured employers’ claim fund.

      Sec. 1154.  NRS 616.401 is hereby amended to read as follows:

      616.401  1.  An employer shall:

      (a) Make a copy of each report that an employee files with the employer pursuant to 26 U.S.C. § 6053(a) to report the amount of his tips to the United States Internal Revenue Service;

      (b) Submit the copy to the system upon request and retain another copy for his records or if the employer is self-insured, retain the copy for his records; and

      (c) If he is not self-insured, pay the system the premiums for the reported tips at the same rate as he pays on regular wages.

      2.  The [department] division shall adopt regulations specifying the form of the declaration required pursuant to subsection 1.

      3.  The system or the self-insured employer shall calculate compensation for an employee on the basis of wages paid by the employer plus the amount of tips reported by the employee pursuant to 26 U.S.C. § 6053. Reports made after the date of injury may not be used for the calculation of compensation.

      4.  An employer shall notify his employees of the requirement to report income from tips for the purposes of calculating his federal income tax and for including the income in the computation of benefits pursuant to this chapter.

      5.  The administrator shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 1155.  NRS 616.412 is hereby amended to read as follows:

      616.412  1.  All fees and charges for accident benefits are subject to regulation by the [department] division and must not:

      (a) Exceed the fees and charges usually paid in the state for similar treatment.

      (b) Be unfairly discriminatory as between persons legally qualified to provide the particular service for which the fees or charges are asked.

      2.  The [director] administrator shall, giving consideration to the fees and charges being paid in the state, establish a schedule of reasonable fees and charges allowable for accident benefits. The [director] administrator shall review and revise the schedule on or before October 1 of each year and shall not increase the schedule by any factor greater than the corresponding annual increase in the Consumer Price Index (Medical Care Component).

      3.  The [director] administrator may request a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the state, to provide the [director] administrator with such information concerning fees and charges paid for similar services as he deems necessary to carry out the provisions of subsections 1 and 2. The [director] administrator shall not require any person to record or report his fees or charges in a manner inconsistent with the person’s own system of records.


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ê1993 Statutes of Nevada, Page 1866 (Chapter 466, AB 782)ê

 

report his fees or charges in a manner inconsistent with the person’s own system of records. The [director] administrator may require a person or entity providing records or reports of fees charged to provide interpretation and identification concerning the information delivered. The [director] administrator may impose an administrative fine of $500 for each refusal to provide the information requested pursuant to this subsection.

      4.  The [department] division may adopt reasonable regulations necessary to carry out the provisions of this section. The regulations must include provisions concerning:

      (a) Standards for the development of the schedule for fees and charges;

      (b) The periodic revision of the schedule; and

      (c) The monitoring of compliance by providers of benefits with the adopted schedule of fees and charges.

      5.  The [department] division shall adopt regulations requiring the utilization of a system of billing codes as recommended by the American Medical Association.

      Sec. 1156.  NRS 616.415 is hereby amended to read as follows:

      616.415  1.  Except as otherwise provided in NRS 616.421, every employer operating under this chapter, alone or together with other employers, may make arrangements to provide accident benefits as defined in this chapter for injured employees.

      2.  Employers electing to make such arrangements shall notify the administrator of the election and render a detailed statement of the arrangements made, which arrangements do not become effective until approved by the administrator.

      3.  Every employer who maintains a hospital of any kind for his employees, or who contracts for the hospital care of injured employees, shall, on or before January 30 of each year, make a written report to the administrator for the preceding year, which must contain a statement showing:

      (a) The total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers;

      (b) An itemized account of the expenditures, investments or other disposition of such fees; and

      (c) What balance, if any, remains.

      4.  Every employer who provides accident benefits pursuant to this section:

      (a) Shall, in accordance with regulations adopted by the administrator, make a written report to the [department] division of his actual and expected annual expenditures for claims and such other information as the [department] division deems necessary to calculate an estimated or final annual assessment.

      (b) Shall be deemed to be an insurer for the purposes of assessments collected pursuant to NRS 232.680 and the regulations adopted by the [department] division pursuant to that section.

      5.  The reports required by the provisions of subsections 3 and 4 must be verified:

      (a) If the employer is a natural person, by the employer;

      (b) If the employer is a partnership, by one of the partners;


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ê1993 Statutes of Nevada, Page 1867 (Chapter 466, AB 782)ê

 

      (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 616.342. Expanses 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 616.410.

      Sec. 1157.  NRS 616.423 is hereby amended to read as follows:

      616.423  1.  There is hereby established in the state treasury the fund for workers’ compensation and safety as a special revenue fund. All money received from assessments levied on insurers and employers by the [director] administrator pursuant to NRS 232.680 must be deposited in this fund.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the [department] division for functions supported in whole or in part from the fund must be delivered to the custody of the state treasurer for deposit to the credit of the fund.

      3.  All money and securities in the fund must be used solely for workers’ compensation and the administration of regulations for the safety of employees.

      4.  The state treasurer may disburse money from the fund only upon written order of the controller.

      5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

      6.  The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      Sec. 1158.  NRS 616.4261 is hereby amended to read as follows:

      616.4261  1.  There is hereby established as a trust fund in the state treasury the subsequent injury fund, which may be used only to make payments in accordance with the provisions of NRS 616.427 and NRS 616.428. 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 must be delivered to the custody of the state treasurer.

      3.  All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation.

      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.


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ê1993 Statutes of Nevada, Page 1868 (Chapter 466, AB 782)ê

 

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 [director] administrator must 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 the insurers, and must be based upon expected annual expenditures for claims.

      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. 1159.  NRS 616.427 is hereby amended to read as follows:

      616.427  Except as otherwise provided in NRS 616.428:

      1.  If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.

      2.  If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.

      3.  As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the [department. The department] division. The division shall adopt regulations incorporating the American Medical Association’s Guides to the Evaluation of Permanent Impairment by reference and may amend such regulations from time to time as it deems necessary. In adopting the Guides to the Evaluation of Permanent Impairment, the [department] division shall consider the edition most recently published by the American Medical Association.

      4.  To qualify under this section for reimbursement from the subsequent injury fund, the insurer must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.

      5.  An insurer shall notify the administrator of any possible claim against the subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.


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ê1993 Statutes of Nevada, Page 1869 (Chapter 466, AB 782)ê

 

      6.  The administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury fund. The administrator shall notify the insurer of his decision on such a claim within 90 days after the claim is received.

      7.  An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.

      Sec. 1160.  NRS 616.437 is hereby amended to read as follows:

      616.437  1.  There is hereby established as a trust 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 616.377. 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 in trust 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 [director must] administrator shall adopt regulations for the establishment and administration of assessment rates, payments and 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.

      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. 1161.  NRS 616.505 is hereby amended to read as follows:

      616.505  Where death results from injury, the parties entitled to compensation under this chapter, or someone in their behalf, must make application for compensation to the insurer. The application must be accompanied by:

      1.  Proof of death;

      2.  Proof of relationship showing the parties to be entitled to compensation under this chapter;

      3.  Certificates of the attending physician, if any; and

      4.  Such other proof as required by the regulations of the [department.] division.

      Sec. 1162.  NRS 616.535 is hereby amended to read as follows:

      616.535  1.  Any employee who is entitled to receive compensation under this chapter shall, if:

      (a) Requested by the insurer; or


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ê1993 Statutes of Nevada, Page 1870 (Chapter 466, AB 782)ê

 

      (b) Ordered by an appeals officer or a hearing officer,

submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the [department.] division.

      2.  The request or order for the examination must fix a time and place therefor, with due regard for the nature of the medical examination, the convenience of the employee, his physical condition and his ability to attend at the time and place fixed.

      3.  The employee is entitled to have a physician or chiropractor, provided and paid for by him, present at any such examination.

      4.  If the employee refuses to submit to any such examination or obstructs it, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.

      5.  Any physician or chiropractor who makes or is present at any such examination may be required to testify as to the result thereof.

      Sec. 1163.  NRS 616.537 is hereby amended to read as follows:

      616.537  1.  An insurer shall schedule a rating for an injured employee within 30 days after the injured employee is determined to be stable and ratable by the treating physician or chiropractor.

      2.  A rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss.

      3.  A self-insured employer shall refer an injured employee who is entitled to compensation for a permanent partial disability to the [department] division for a rating by a physician or chiropractor selected in rotation from the list of qualified physicians or chiropractors designated by the administrator pursuant to subsection 2 of NRS 616.605, according to the order in which their names appear on the list.

      Sec. 1164.  NRS 616.5428 is hereby amended to read as follows:

      616.5428  1.  If an employer or insurer requests a hearing before a hearing officer or appeals officer relating to a claim for compensation, and the hearing results in a decision favorable to the employee, the employee is entitled to receive reimbursement from the insurer for:

      (a) His actual expenses necessarily incurred for travel to and from the hearing, if he is required to travel more than 20 miles one way from his residence or place of employment to the hearing; and

      (b) Any regular wages lost as a result of his attending the hearing.

      2.  The [department] division shall adopt regulations governing the procedure and forms to be used for the reimbursement provided by subsection 1.

      Sec. 1165.  NRS 616.585 is hereby amended to read as follows:

      616.585  1.  Every employee in the employ of an employer, within the provisions of this chapter, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.

      2.  If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability.

      3.  Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.


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ê1993 Statutes of Nevada, Page 1871 (Chapter 466, AB 782)ê

 

      4.  For purposes of the payment of benefits for a temporary total disability under this section, the period of temporary total disability ceases when any physician or chiropractor determines that the employee is capable of any gainful employment.

      5.  Each insurer shall, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the [department] division for the injured employee to request continued compensation for the temporary total disability.

      6.  The insurer shall issue to the injured employee, not less than 6 working days before the beginning of the period specified in the form, a check for the compensation due the employee for that period, if:

      (a) The injured employee has completed and returned the form to the insurer; or

      (b) There is documentation with the insurer which indicates a continuing disability.

A check shall be deemed delivered upon the date that it is postmarked, if it is properly addressed and the postage is prepaid.

      Sec. 1166.  NRS 616.605 is hereby amended to read as follows:

      616.605  1.  Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section “disability” and “impairment of the whole man” are equivalent terms.

      2.  Within 30 days after receiving from the treating physician or chiropractor chosen pursuant to NRS 616.342 a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with a rating physician or chiropractor to determine the extent of the employee’s disability. The insurer shall select a physician or chiropractor from a group of rating physicians and chiropractors designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the [department] division pursuant to subsection 3 of NRS 616.427. Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the administrator, according to their area of specialization and the order in which their names appear on the list.

      3.  No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.

      4.  The rating physician or chiropractor shall provide the insurer with his evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:

      (a) Of the compensation to which he is entitled pursuant to this section; or

      (b) That he is not entitled to benefits for permanent partial disability.

      5.  Each 1 percent of impairment of the whole man must be compensated by a monthly payment of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981, and 0.6 percent for injuries sustained on or after July 1, 1981.


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ê1993 Statutes of Nevada, Page 1872 (Chapter 466, AB 782)ê

 

for injuries sustained before July 1, 1981, and 0.6 percent for injuries sustained on or after July 1, 1981. Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.

      6.  Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

      7.  Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      8.  The [department] division may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

      9.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

      10.  This section does not entitle any person to double payments for the death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

      Sec. 1167.  NRS 616.607 is hereby amended to read as follows:

      616.607  1.  Except as otherwise provided in NRS 616.5435, an award for a permanent partial disability may be paid in a lump sum under the following conditions:

      (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.

      (b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

      (c) Any claimant injured on or after July 1, 1981, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.

      2.  If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:


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ê1993 Statutes of Nevada, Page 1873 (Chapter 466, AB 782)ê

 

      (a) His right to reopen his claim according to the provisions of NRS 616.545; and

      (b) Any counseling, training or other rehabilitative services provided by the insurer.

The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.

      3.  Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

      4.  Except as otherwise provided in this subsection, the total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum, the lump sum payment must be calculated for the remaining payment of compensation.

      5.  The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 5 of NRS 616.605 and actuarial annuity tables adopted by the [department.] division. The tables must be reviewed annually by a consulting actuary.

      6.  If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump sum payment.

      Sec. 1168.  NRS 616.645 is hereby amended to read as follows:

      616.645  1.  Any employer who refuses to submit his books, records and payrolls for inspection, as provided by NRS 616.335, to a representative of the system or the administrator, or to an auditor from the department of taxation, presenting written authority for the inspection, is subject to a penalty of $100 for each offense, to be collected by civil action in the name of the system or the administrator.

      2.  The person who gives such refusal is guilty of a misdemeanor.

      Sec. 1169.  NRS 616.646 is hereby amended to read as follows:

      616.646  1.  If an employer refuses to produce any book, record, payroll report or other document in conjunction with an audit conducted by the system or the department of taxation to verify the employer’s premium, the manager may issue a subpena to require the production of that document.

      2.  If an employer refuses to produce any document as required by the subpena, the manager may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of the production of the document;

      (b) The employer has been subpenaed by the manager pursuant to this section; and

      (c) The employer has failed or refused to produce the document required by the subpena, and asking for an order of the court compelling the employer to produce the document.


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and asking for an order of the court compelling the employer to produce the document.

      3.  Upon such petition, the court shall enter an order directing the employer to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and to show cause why he has not produced the document. A certified copy of the order must be served upon the employer.

      4.  If it appears to the court that the subpena was regularly issued by the manager, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court.

      Sec. 1170.  NRS 616.647 is hereby amended to read as follows:

      616.647  1.  If the administrator has reason to believe that an insurer, health care provider, third-party administrator or employer has:

      (a) Induced a claimant for compensation to fail to report an accidental injury or occupational disease;

      (b) Persuaded a claimant to settle for an amount which is less than reasonable;

      (c) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending;

      (d) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer or appeals officer;

      (e) Refused to pay or unreasonable delayed payment to a claimant of compensation found to be due him by a hearing officer or appeals officer;

      (f) Made it necessary for a claimant to resort to proceedings against the employer or insurer for compensation found to be due him by a hearing officer or appeals officer;

      (g) Failed to comply with regulations of the [department] division for the acceptance and rejection of claims, determination and calculation of a claimant’s average monthly wage, determination and payment of compensation, delivery of accident benefits and reporting relating to these matters;

      (h) Failed to comply with the [department’s] division’s regulations covering the payment of as assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS; or

      (i) Failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 617 of NRS,

the administrator shall set a date for a hearing. The date must be no sooner than 30 days after notice is served upon the insurer or employer of the alleged action and the time and place of the hearing.

      2.  If, after an evidentiary hearing, the administrator determines that the insurer or employer has committed the alleged act, the administrator shall issue a notice of violation imposing a proposed administrative fine of:

      (a) Not more than $250 for each initial violation of subsection 1 which was not intentional; or

      (b) Not more than $1,000 for each intentional or repeated violation of subsection 1.

      3.  In addition to any fine imposed pursuant to subsection 2, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.


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reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.

      4.  If a person wishes to contest a notice of violation issued pursuant to subsection 2, he must file a notice of appeal with the division within 30 days after the notice is issued, showing why the proposed fine should not be imposed against him.

      5.  If a notice of appeal is filed as required by subsection 4, the administrator shall issue a complaint setting forth the factual basis for his determination that a violation has occurred. The person against whom a complaint is issued shall file an answer to the complaint within 30 days after the complaint is issued. The answer must be accompanied by any documentary evidence upon which the person relies and, if the person desires a hearing on the matter, by a request for hearing. If an answer and a request for hearing are filed as required by this subsection, the administrator shall set a date for a hearing on the matter, which must be no sooner than 30 days after the answer and request for hearing are filed.

      6.  If a notice of appeal or an answer is not filed as required by this section, the notice of violation shall be deemed a final order and is not subject to review by any court or agency.

      7.  A hearing held pursuant to this section must be conducted by the administrator or a person designated by him. A record of the hearing must be kept but it need not be transcribed unless it is requested by the person against whom the order or notice of violation has been issued and that person pays the cost of transcription.

      8.  An administrative fine imposed pursuant to this section must be paid to the division. If the violation for which the fine is levied was committed by a person while acting within the course and scope or his agency or employment, the fine must be paid by his principal or employer. The fine may be recovered in a civil action brought in the name of the division in a court of competent jurisdiction in the county in which the violation occurred or in which the person against whom the fine is levied has his principal place of business.

      9.  Two or more fines of $1,000 levied by the administrator in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the revocation of a certificate of self-insurance.

      10.  The commissioner may withdraw the certification of a self-insured employer if, after a hearing, it is shown that the self-insured employer:

      (a) Intentionally or repeatedly violated the provisions of paragraph (g) of subsection 1; or

      (b) Violated any other provision of subsection 1.

      Sec. 1171.  NRS 616.665 is hereby amended to read as follows:

      616.665  1.  If any workman is injured because of the absence of any safeguard or protection required to be provided or maintained by, or pursuant to, any statute, ordinance, or any [departmental] divisional regulation under any statute, the employer is liable to the [department] division for a penalty of not less than $300 nor more than $2,000, to be collected in a civil action at law by the [department.] division.

      2.  The provisions of subsection 1 do not apply if the absence of the safeguard or protection is due to the removal thereof by the injured workman himself, or with his knowledge by any fellow workman, unless the removal is by order or direction of the employer or superintendent or foreman of the employer.


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ê1993 Statutes of Nevada, Page 1876 (Chapter 466, AB 782)ê

 

himself, or with his knowledge by any fellow workman, unless the removal is by order or direction of the employer or superintendent or foreman of the employer.

      3.  If the safeguard or protection is removed by the workman himself, or with his consent is removed by any of his fellow workmen, unless done by order or direction of the employer or superintendent or foreman of the employer, the compensation of the injured workman, as provided for by NRS 616.575 to 616.615, inclusive, and by NRS 616.625, must be reduced 25 percent.

      Sec. 1172.  NRS 616.670 is hereby amended to read as follows:

      616.670  If any workman at the time of an injury is under the minimum age prescribed by law for the employment of a minor in the occupation in which he is engaged when injured, the employer is liable to the [department] division for a penalty of not less than $300 nor more than $2,000, to be collected in a civil action at law by the [department.] division.

      Sec. 1173.  NRS 617.135 is hereby amended to read as follows:

      617.135  “Police officer” includes:

      1.  A sheriff, deputy sheriff or city policeman;

      2.  A chief, inspector supervisor, commercial officer or trooper of the Nevada highway patrol;

      3.  A chief, investigator or agent of the investigation division of the department of motor vehicles and public safety;

      4.  An officer or investigator for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety.

      5.  An investigator of the bureau of enforcement of the registration division of the department of motor vehicles and public safety;

      6.  A member of the police department of the University of Nevada System; and

      7.  A uniformed employee of the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employer to recall in emergencies.

      8.  A parole and probation officer of the [department] division of parole and probation [.] of the department of motor vehicles and public safety.

      Sec. 1174.  NRS 617.160 is hereby amended to read as follows:

      617.160  This chapter must be administered by the [department] division of industrial relations [through the division of industrial insurance regulation] of the department of business and industry in the same manner as provided for in chapter 616 of NRS.

      Sec. 1175.  NRS 617.205 is hereby amended to read as follows:

      617.205  1.  An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his employees and their beneficiaries under this chapter.

      2.  A self-insured employer is not required to pay the contributions required of other employers by NRS 617.310.

      3.  The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of self-insured employers must be handled in the manner provided by this chapter, and the self-insured employer is subject to the regulations of the [department] division with respect thereto.


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ê1993 Statutes of Nevada, Page 1877 (Chapter 466, AB 782)ê

 

employer is subject to the regulations of the [department] division with respect thereto.

      4.  The security deposited pursuant to NRS 616.291 does not relieve the employer from responsibility for the administration of claims and payment of compensation under this chapter.

      5.  A self-insured employer qualifying under the provisions of this chapter must comply with the provisions of NRS 616.291.

      Sec. 1176.  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 for the purpose of personally securing 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 system.

      2.  A sole proprietor who elects to accept the terms, conditions and provisions of this chapter shall submit to a physical examination by a physician selected by the system before the commencement of coverage and on a yearly basis thereafter. The system 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 system premiums in such manner and amounts as may be prescribed by regulations of the system.

      4.  If a sole proprietor fails to pay all premiums required by the regulations of the system, the failure operates as a rejection of this chapter.

      5.  A sole proprietor who elects to be included under the provisions of this chapter shall remain subject to all terms, conditions and provisions of this chapter and all regulations of the [department] division until he files written notice with the system 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. 1177.  NRS 617.275 is hereby amended to read as follows:

      617.275  1.  If an employee who has been hired or who is regularly employed in this state contracts an occupational disease arising out of and in the course of his employment, and his employer has failed to provide mandatory coverage for occupational diseases, the employee may elect to receive compensation from the uninsured employers’ claim fund by:

      (a) Filing a claim for compensation with the system;

      (b) Filing a written notice of his election with the division; and

      (c) Making an irrevocable assignment to the division of his right of action against the uninsured employer.

      2.  If the system receives a claim pursuant to subsection 1, the system shall immediately:

      (a) Notify the employer of the claim;

      (b) Deliver to the claimant any forms necessary to make a claim pursuant to this section; and

      (c) Notify the division of the claim by sending a copy of the claim, any evidence regarding the claim and any evidence indicating that the employer was uninsured.


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ê1993 Statutes of Nevada, Page 1878 (Chapter 466, AB 782)ê

 

      3.  For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the employee.

      4.  Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim fund or incurred by the division . [or department.]

      5.  The division:

      (a) May recover from the employer the payments described in subsection 4 and any accrued interest by bringing a civil action in district court.

      (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.

      (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.

      (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

      6.  The division shall determine whether the employer was insured within 30 days after receiving notice of the claim from the employee. Upon determining that a claim is valid, the division shall assign the claim to the system for administration of the claim, payment of benefits and reimbursement of costs of administration and benefits paid to the system. Upon determining that a claim is invalid, the division shall notify the claimant, the named employer and the system that the claim will not be assigned for benefits from the uninsured employers’ claim fund.

      7.  Any party aggrieved by a decision regarding the administration of an assigned claim or a decision made by the division or by the system regarding any claim made pursuant to this section may appeal that decision within 60 days after the decision is rendered to the hearings division of the department of administration in the manner provided by NRS 616.5412 to 616.544, inclusive.

      8.  All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

      9.  An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers’ claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.

      10.  Attorney’s fees recoverable by the division pursuant to this section must be:

      (a) If a private attorney is retained by the [department,] division, paid at the usual and customary rate for that attorney.

      (b) If the attorney is an employee of the [department,] division, paid at the rate established by regulations adopted by the [department.] division.


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ê1993 Statutes of Nevada, Page 1879 (Chapter 466, AB 782)ê

 

Any money collected must be deposited to the uninsured employers’ claim fund.

      Sec. 1178.  NRS 617.370 is hereby amended to read as follows:

      617.370  1.  Any employee who is entitled to receive compensation under this chapter shall, if:

      (a) Requested by the insurer; or

      (b) Ordered by an appeals officer or a hearing officer,

submit himself or medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the [department.] division.

      2.  The request or order for the examination must fix a time and place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, his physical condition and ability to attend at the time and place fixed.

      3.  The employee is entitled to have a physician, provided and paid for by him, present at any such examination.

      4.  If the employee refuses to submit to any such examination or obstructs it, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.

      5.  Any physician who makes or is present at any such examination may be required to testify as to the result thereof.

      Sec. 1179.  NRS 617.459 is hereby amended to read as follows:

      617.459  1.  The percentage of disability resulting from an occupational disease of the heart or lungs must be determined jointly by the claimant’s attending physician and the examining physician designated by the insurer, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the [department] division pursuant to subsection 3 of NRS 616.427.

      2.  If the claimant’s attending physician and the designated examining physician do not agree upon the percentage of disability, they shall designate a physician specializing in the branch of medicine which pertains to the disease in question to make the determination. If they do not agree upon the designation of such a physician, each shall choose one physician so specializing, and two physicians so chosen shall choose a third specialist in that branch. The resulting panel of three physicians shall, by majority vote, determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the [department] division pursuant to subsection 3 of NRS 616.427.

      Sec. 1180.  NRS 618.069 is hereby amended to read as follows:

      618.069  “Division” means the division of [enforcement for industrial safety and health of the department of] industrial relations [.] of the department of business and industry.

      Sec. 1181.  NRS 618.075 is hereby amended to read as follows:

      618.075  “Emergency order” means a restraining order issued by the [department] division for full or partial cessation of operations where conditions may cause death or serious physical harm.


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ê1993 Statutes of Nevada, Page 1880 (Chapter 466, AB 782)ê

 

      Sec. 1182.  NRS 618.115 is hereby amended to read as follows:

      618.115  “General order” means any order which applies generally throughout the state to all employers and employees, employments or places of employment under the jurisdiction of the [department.] division. All other orders of the division are special orders.

      Sec. 1183.  NRS 618.125 is hereby amended to read as follows:

      618.125  “National standard” means any standard or modification thereof which:

      1.  Has been adopted [and promulgated] by a nationally recognized standards-producing organization under procedures whereby it can be determined by the [director] administrator that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption.

      2.  Was formulated in a manner which afforded an opportunity for diverse views to be considered.

      3.  Has been designated as such a standard by the [director] administrator after consultation with other appropriate agencies.

      Sec. 1184.  NRS 618.235 is hereby amended to read as follows:

      618.235  1.  The division must be administered by the department [.] of business and industry.

      2.  A decision on any question arising under the provisions of this chapter must be the decision of the administrator, subject to review by the department.

      Sec. 1185.  NRS 618.336 is hereby amended to read as follows:

      618.336  1.  The division shall maintain a record of all oral complaints it receives under this chapter from employees or representatives of employees. The record must include a summary of the substance of each such complaint, a listing of any evidence offered to support the complaint, the date the employer was notified of the complaint and a notation of the action taken by the division as a result of the complaint. The division shall submit the record quarterly to the advisory council of the [department] division for review and comment.

      2.  In addition to the records maintained pursuant to subsection 1, the division shall maintain a separate logbook which contains a notation of:

      (a) Each oral or written complaint filed by an employee or a representative of employees alleging the existence of an imminent danger or a violation of a safety or health standard that threatens physical harm;

      (b) The action taken by the division in response to each such complaint, including, as the case may be, a notation of the fact that:

             (1) A special investigation was not made because the complaint was found to be groundless after a preliminary investigation;

             (2) A special investigation was made which resulted in a finding that the complaint was based on reasonable grounds and the division took such action as was deemed appropriate; or

             (3) A special investigation was made which resulted in a finding that the complaint was not based on reasonable grounds;

      (c) Each citation issued by the division to an employer and the reason for its issuance;

      (d) Each inspection performed regarding the employer; and


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ê1993 Statutes of Nevada, Page 1881 (Chapter 466, AB 782)ê

 

      (e) Each penalty imposed by the division on an employer and the reason therefor.

      3.  The division shall respond to oral or written requests about the information contained in or compiled from the logbook and otherwise act as necessary to disseminate the information which is required to be compiled pursuant to this section. The logbook maintained pursuant to subsection 2 must be open to public inspection during the division’s regular hours of operation.

      4.  The division shall retain the records pertaining to its investigations and the records entered in the logbook maintained pursuant to this section for at least 5 years.

      Sec. 1186.  NRS 618.345 is hereby amended to read as follows:

      618.345  1.  The division [of preventative safety of the department of industrial relations] shall develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. This program may, at the discretion of the [department,] division, cover all employments.

      2.  To carry out the provisions of subsection 1, the division [of preventative safety] may promote, encourage or directly engage in programs of studies, information and communication concerning occupational safety and health statistics.

      3.  An industrial insurer shall provide to the division [of preventative safety] a monthly report indicating the number, type and severity of industrial injuries and occupational diseases reported or claimed by employees in the preceding month. The report must identify the employer and be sorted according to the employer’s Standard Industrial Classification or his classification for the purposes of industrial insurance. The division [of preventative safety] shall by regulation prescribe the form for the report made pursuant to this subsection. As used in this subsection, “industrial insurer” has the meaning ascribed to the term “insurer” in NRS 616.1103.

      Sec. 1187.  NRS 618.350 is hereby amended to read as follows:

      618.350  The division [of preventative safety of the department of industrial relations] shall:

      1.  Develop a program of eliminating or abating hazards;

      2.  Advise and recommend a program of occupational safety and health applicable to public and state agencies; and

      3.  Provide for safety inspections and furnish advisory services to employers on measures to promote industrial safety and health.

      Sec. 1188.  NRS 618.353 is hereby amended to read as follows:

      618.353  1.  The division , [of preventative safety of the department of industrial relations,] after consultation with cooperating state agencies, shall:

      (a) Conduct directly or by grants or contracts:

             (1) Educational programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter.

             (2) Informational programs on the importance of and proper use of adequate safety and health equipment in the workplace.

      (b) Provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employments covered by this chapter.


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ê1993 Statutes of Nevada, Page 1882 (Chapter 466, AB 782)ê

 

      (c) Consult with and advise employers and employees and organizations representing employers and employees as to effective means of preventing occupational injuries and diseases. Consultative services must not detract from the enforcement efforts.

      2.  The [department] division shall request competitive bids for the development of educational and informational programs required by this section.

      3.  The [department] division shall allocate [to the division of preventative safety] the money necessary to carry out the educational and informational programs required by this section.

      Sec. 1189.  NRS 618.375 is hereby amended to read as follows:

      618.375  Every employer shall:

      1.  Furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.

      2.  Furnish and use such safety devices and safeguards, and adopt and use such practices, means, methods, operations and processes as are reasonably adequate to render such employment and places of employment safe and comply with all orders issued by the division.

      3.  Post prominently in the working place all posters and information provided by the [department] division informing employees of their rights and obligations pursuant this chapter.

      4.  Assign at least one person to be in charge of occupational safety and health.

      5.  Do every other thing reasonably necessary to protect the lives, safety and health of employees.

      Sec. 1190.  NRS 618.376 is hereby amended to read as follows:

      618.376  1.  Every employer shall, upon hiring an employee, provide the employee with a document or videotape setting forth the rights and responsibilities of employers and employees to promote safety in the workplace. The document, or evidence of receipt of the videotape, must be signed by the employer and employee and placed in the employee’s personnel file. The document or videotape shall not be deemed to be a part of any employment contract.

      2.  The division [of preventative safety of the department of industrial relations] shall adopt regulations specifying the contents of such a document and establishing requirements for issuing the document in different languages.

      Sec. 1191.  NRS 616.383 is hereby amended to read as follows:

      616.383  1.  An employer shall establish a written safety program if he has a rate of occupational injury and illness that is in the highest 25 percent in this state for his standard industrial classification.

      2.  The written safety program must include:

      (a) The establishment of a training program for employees concerning safety in the workplace, particularly in those areas where there have been recurring injuries.

      (b) The establishment of a safety committee which includes, whenever possible, an equal number of representatives of employees and employers. If the employees are represented by a labor organization, the representatives of employees must be selected by the employees and not appointed by the employer.


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ê1993 Statutes of Nevada, Page 1883 (Chapter 466, AB 782)ê

 

      (c) Training on identifying potential hazards in the workplace.

      (d) The review and application of state and federal statutes, regulations and standards concerning occupational safety and health.

      (e) A requirement for the periodic consultation of the employer with the division . [of enforcement for industrial safety and health of the department.]

      3.  A representative of employees while engaging in the business of a safety committee, including attendance at meetings, inspections or any other activity of the committee, must be paid by his employer as if that employee were engaged in his usual work activities.

      4.  The administrator [of the division of preventative safety of the department] shall develop and provide each employer with a written manual which includes:

      (a) Information concerning safety, health and emergencies in the workplace, and the establishment of a training program for employees with regard to those matters;

      (b) A listing and description of safe work practices; and

      (c) Guidelines for the establishment of a safety committee.

      5.  Any other employer may establish a written safety program and a safety committee.

      6.  An employer who has a rate of occupational injury and illness that is in the highest 25 percent in this state for his standard industrial classification, who employs 25 or more persons and who hires temporary employees shall hold a meeting and provide specialized training concerning safety for those temporary employees before they begin work at each site or as soon as possible thereafter.

      7.  The manager of the state industrial insurance system shall increase by 3 percent the premium of any employer who violates the provisions of subsection 1, and shall transfer any additional premium received by him pursuant to this subsection to the [department for use by the division of preventative safety.] division for its use.

      8.  The administrator [of the division of enforcement for industrial safety and health] may grant an exemption from any of the provisions of this section to an employer who has a rate of occupational injury and illness that is in the lowest 25 percent of all employers in this state.

      Sec. 1192.  NRS 618.415 is hereby amended to read as follows:

      618.415  Any affected employer may apply to the [director] administrator for a rule or order for a permanent variance from a standard adopted under this chapter. Affected employees must be given notice of each application and an opportunity to participate in a hearing. The [director] administrator shall issue the rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the permanent variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order must prescribe the conditions the employer must maintain, the practices, means, methods, operations or processes which he must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees or by the [director] administrator on his own motion, in the manner prescribed for its issuance under this subsection at any time after 6 months after its issuance.


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ê1993 Statutes of Nevada, Page 1884 (Chapter 466, AB 782)ê

 

modified or revoked upon application by an employer, employees or by the [director] administrator on his own motion, in the manner prescribed for its issuance under this subsection at any time after 6 months after its issuance.

      Sec. 1193.  NRS 618.417 is hereby amended to read as follows:

      618.417  The [director] administrator may grant a variance from any standard or portion thereof whenever he determines that a variance is necessary to permit an employer to participate in an experiment designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.

      Sec. 1194.  NRS 618.419 is hereby amended to read as follows:

      618.419  1.  Any employer may apply to the [director] administrator for a temporary order granting a variance from a standard which has been adopted pursuant to this chapter but has not become effective. The temporary order may be granted only if the employer files an application which meets the requirements of subsection 2 and, after notice to the affected employees and an opportunity for a hearing, establishes that:

      (a) He will not be able to comply with the standard by its effective date because of the unavailability of necessary professional or technical personnel or materials and equipment or because necessary construction or alteration of facilities cannot be completed by that date;

      (b) He is taking all available steps to safeguard his employees against the hazards covered by the standard; and

      (c) He has a program which will bring the working conditions into compliance with the standard as quickly as practicable.

      2.  The application for such a temporary order [shall] must contain:

      (a) A specification of the standard or portion thereof from which the employer seeks a variance;

      (b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor;

      (c) A statement of the steps he has taken and will take, with specific dates, to protect employees against the hazard covered by the standard;

      (d) A statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take, with dates specified, to come into compliance with the standard; and

      (e) A certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed [shall] must be contained in the certification. The information to employees [shall] must also inform them of their right to petition to the [director] administrator for a hearing.

      Sec. 1195.  NRS 618.421 is hereby amended to read as follows:

      618.421  1.  Every temporary order granting a variance from a standard which has not become effective [shall] must prescribe:

      (a) The practices, means, methods, operations and processes which the employer must adopt and use while the order is in effect; and


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ê1993 Statutes of Nevada, Page 1885 (Chapter 466, AB 782)ê

 

      (b) The program to be carried out by the employer to achieve compliance with the standard.

      2.  Such a temporary order is effective for the period needed by the employer to achieve compliance with the standard or 1 year, whichever period is shorter. The temporary order may be renewed, but not more than twice, if:

      (a) The requirements of subsection 1 of NRS 618.49 are met; and

      (b) An application for renewal is filed at least 90 days before the expiration date of the order.

Each renewal may remain in effect no longer than 180 days.

      3.  The [director] administrator may issue one interim order to be effective until a decision is made on the basis of the hearing.

      Sec. 1196.  NRS 618.455 is hereby amended to read as follows:

      618.455  It is unlawful for anyone to give advance notice of an inspection except as authorized by the [director.] administrator.

      Sec. 1197.  NRS 618.505 is hereby amended to read as follows:

      618.505  1.  Each witness who appears in obedience to a subpena before the division or its representative is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.

      2.  Claims for witnesses’ fees must be audited and paid by the [department.] division.

      3.  No witness subpenaed at the instance of a party other than the division is entitled to compensation from the [department] division unless the division certifies that his testimony was material to the matter investigated.

      Sec. 1198.  NRS 618.525 is hereby amended to read as follows:

      618.525  1.  The division may prosecute, defend and maintain actions in the name of the division for the enforcement of the provisions of this chapter and is entitled to all extraordinary writs provided by the constitution of the State of Nevada, the statutes of this state and the Nevada Rules of Civil Procedure in connection therewith for the enforcement thereof.

      2.  Verification of any pleading, affidavit or other paper required may be made by the [department.] division.

      3.  In any action or proceeding or in the prosecution of any appeal by the division, no bond or undertaking may be required to be furnished by the division.

      Sec. 1199.  NRS 618.565 is hereby amended to read as follows:

      618.565  1.  The occupational safety and health review board, consisting of five members appointed by the governor, is hereby created under the [department of industrial relations.] division.

      2.  The governor shall appoint:

      (a) Two members who are representatives of management.

      (b) Two members who are representatives of labor.

      (c) One member who is a representative of the general public.

      3.  After the initial terms, members shall serve terms of 4 years. No member may serve more than two terms.

      4.  No person employed by the [department or the] division may serve as a member of the board.

      Sec. 1200.  NRS 618.585 is hereby amended to read as follows:

      618.585  1.  The board shall:


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ê1993 Statutes of Nevada, Page 1886 (Chapter 466, AB 782)ê

 

      (a) Meet as often as necessary to hold review hearings, as provided in NRS 618.605, as such times and places as the chairman may determine;

      (b) Enact rules and regulations governing the conduct of review hearings; and

      (c) Perform such other duties as the [department] division may prescribe.

      2.  The board may employ legal counsel to advise it concerning matters which come before it.

      3.  A quorum of the board must be present in order for the conduct of review hearings or other business.

      4.  A quorum consists of at least one member representing labor, one member representing management and the member representing the general public.

      5.  All decisions of the board must be determined by a majority decision.

      6.  A complete record of every review hearing must be made.

      Sec. 1201.  NRS 618.760 is hereby amended to read as follows:

      618.760  The [department] division may adopt such regulations as are necessary to carry out the provisions of NRS 618.750 to 618.850, inclusive.

      Sec. 1202.  NRS 618.765 is hereby amended to read as follows:

      618.765  1.  Not later than 60 days after June 28, 1989, the [department] division shall adopt regulations establishing standards and procedures for the licensure of each occupation which are at least as stringent as those contained in the Model Contractor Accreditation Plan for States set out in Appendix C of Subpart E of Part 763 of Title 40 of the Code of Federal Regulations, as it existed on January 1, 1989. The regulations must include standards for:

      (a) Courses which provide initial training;

      (b) Courses which provide a review of the initial training;

      (c) Examinations;

      (d) Qualifications;

      (e) Renewal of licensure; and

      (f) Revocation of licensure.

      2.  After consultation with the health division of the department of human resources, the division of environmental protection of the state department of conservation and national resources and the county air pollution control agencies designated pursuant to NRS 445.546, the [department] division shall adopt standards for:

      (a) Projects for the control of asbestos;

      (b) Specifying the amount of asbestos within a material which must be present to qualify the material as a “material containing asbestos” for the purposes of NRS 618.750 to 618.850, inclusive;

      (c) Laboratories which analyze building materials for the presence of asbestos;

      (d) Laboratories which collect or analyze air samples for those projects; and

      (e) The assessment of the exposure of occupants of a building at the completion of a project for the control of asbestos.

      3.  The [department] division shall by regulation adopt a standard for the assessment of the exposure of the occupants of a building to airborne asbestos. The standard:


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ê1993 Statutes of Nevada, Page 1887 (Chapter 466, AB 782)ê

 

      (a) Must be set according to a time-weighted average concentration of asbestos fibers in the air, measured under normal occupancy conditions; and

      (b) Must be at least as stringent as the corresponding federal standard, if one has been adopted.

      4.  The standard adopted pursuant to subsection 3 may be used:

      (a) To assess the need to respond to the presence of asbestos in a building; or

      (b) To determine which buildings or structures are most in need of such response.

The standard does not require the monitoring of the air of any building or structure, or create a duty for the division to inspect any building or structure, except in connection with the enforcement of this chapter.

      Sec. 1203.  NRS 618.770 is hereby amended to read as follows:

      618.770  1.  The costs of carrying out the provisions of NRS 618.750 to 618.850, inclusive, must be paid from assessments payable by each insurer based upon expected annual expenditures for claims. The [department] division shall adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers.

      2.  In addition, the [department] division shall by regulation establish a schedule of fees designed to recover revenue to defray the costs of carrying out the provisions of NRS 618.750 to 618.850, inclusive. The [department] division may collect fees for applications, the issuance and renewal of licenses, examinations, the review and approval of training courses, job notifications and inspections, recordkeeping, and any other activity of the [department] division related to the provisions of NRS 618.750 to 618.850, inclusive. The fee for the issuance or renewal of a license must not exceed $200.

      3.  Any fees collected pursuant to this section must be used to offset the assessments established pursuant to subsection 1.

      4.  As used in this section, “insurer” has the meaning ascribed to it in NRS. 232.550.

      Sec. 1204.  NRS 618.790 is hereby amended to read as follows:

      618.790  A person shall not engage in a project for the control of asbestos unless he holds a valid license issued by the [department.] division.

      Sec. 1205.  NRS 618.795 is hereby amended to read as follows:

      618.795  1.  The [department] division shall issue licenses to qualified applicants in each occupation.

      2.  The [department] division may adopt regulations to include within the definition of “occupation” any discipline deemed necessary, including that of instructor in the control of asbestos.

      Sec. 1206.  NRS 618.800 is hereby amended to read as follows:

      618.800  A person applying for a license in an occupation must:

      1.  Submit an application on a form prescribed and furnished by the [department,] division, accompanied by a fee prescribed by the [department;] division;

      2.  Successfully complete a course of training in the control of asbestos approved or administered by the [department] division for that occupation;

      3.  Pass an examination approved or administered by the [department] division for that occupation;


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ê1993 Statutes of Nevada, Page 1888 (Chapter 466, AB 782)ê

 

      4.  If he is a contractor, present proof satisfactory to the [department] division that he is insured to the extent determined necessary by the [director] administrator for the appropriate activities for the control of asbestos permitted under the requested license, for the effective period of the license; and

      5.  Meet any additional requirement established by the [department.] division.

      Sec. 1207.  NRS 618.805 is hereby amended to read as follows:

      618.805  1.  To renew a license a person must, on or before January 1 of each year:

      (a) Apply to the [department] division for renewal;

      (b) Pay the annual fee for renewal set by the [department;] division; and

      (c) Submit evidence satisfactory to the [department] division of his completion of the requirements for continuing education or training established by the [department,] division, if any.

      2.  The [department] division may adopt regulations requiring continuing education or training of the licensees in any occupation and, as a prerequisite to the renewal or restoration of a license, require each licensee to comply with those requirements.

      Sec. 1208.  NRS 618.810 is hereby amended to read as follows:

      618.810  The [department] division shall not issue a license as a contractor for projects for the control of asbestos on the basis of a person’s status under chapter 624 of NRS as a qualified employee.

      Sec. 1209.  NRS 618.815 is hereby amended to read as follows:

      618.815  The [department] division may issue a license in an occupation to an applicant who holds a valid license in that occupation issued to him by the District of Columbia or any state or territory of the United States, or who has met the requirements for that occupation set by the Environmental Protection Agency pursuant to the Asbestos Hazard Emergency Response Act, if:

      1.  The legal requirements of that district, state or territory for licensure in that occupation were, at the time of issuance of the license, at least equivalent to those of this state.

      2.  The applicant passes an examination, if required by the board.

      3.  The applicant furnishes to the board such other proof of his qualifications as the board requires.

      Sec. 1210.  NRS 618.820 is hereby amended to read as follows:

      618.820  A person licensed as a contractor for projects for the control of asbestos shall:

      1.  If a laboratory is used for any aspect of collection or analyzing air samples for a project, use only a laboratory which meets the standards adopted by the [department.] division.

      2.  If a commercial laboratory is used for any aspect of collecting or analyzing air samples for a project, use only a laboratory in which the contractor or owner of the building or structure has no financial interest, unless the [department] division by regulation provides otherwise.

      3.  Comply with the standards adopted by the [department] division for projects.

      4.  Unless specifically exempted by the [department,] division, refrain from providing any of the services of an inspector, management planner, consultant or project designer on a project.


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ê1993 Statutes of Nevada, Page 1889 (Chapter 466, AB 782)ê

 

      Sec. 1211.  NRS 618.830 is hereby amended to read as follows:

      618.830  The [department] division or a person authorized by the [department] division shall inspect annually at least one project for the control of asbestos conducted by each contractor licensed pursuant to NRS 618.795. The contractor shall, upon request of the [department] division or a person authorized by the [department,] division, allow the inspection of all property, activities and facilities at the project and all related documents and records.

      Sec. 1212.  NRS 618.835 is hereby amended to read as follows:

      618.835  1.  If the [department] division finds that a person, other than a worker, who is licensed pursuant to NRS 618.795 has violated any of the provisions of NRS 618.780, 618.790, 618.820 or 618.825, or the standards or regulations adopted pursuant to NRS 618.750 to 618.850, inclusive, it may:

      (a) Upon the first violation, impose upon him an administrative fine of not more than $15,000.

      (b) Upon the second and subsequent violations:

             (1) Impose upon the licensee an administrative fine of not more than $25,000;

             (2) Revoke his license; and

             (3) Require him to fulfill certain training or educational requirements to have his license reinstated.

Any penalty imposed pursuant to this section does not relieve the licensee from criminal prosecution for engaging in the control of asbestos without a license, nor from the imposition of a penalty pursuant to NRS 445.601.

      2.  If the license of a contractor for projects for the control of asbestos is revoked pursuant to this section and the owner of a building or structure upon which the contractor is engaged in a project employs another licensed contractor to complete the project, the original contractor may not bring an action against the owner of the building or structure for breach of contract or damages based on the employment of another contractor.

      Sec. 1213.  NRS 618.840 is hereby amended to read as follows:

      618.840  1.  Except as otherwise provided in subsection 2, if the [department] division intends to revoke a person’s license, it shall first notify him by certified mail. The notice must contain a statement of the [department’s] division’s legal authority, jurisdiction and reasons for the proposed action.

      2.  If the [department] division finds that protection of the public health requires immediate action, it may order a summary suspension of a license pending proceedings for revocation.

      3.  A person is entitled to a hearing to contest the summary suspension or proposed revocation of his license. A request for such a hearing must be made pursuant to regulations adopted by the [department.] division.

      4.  Upon receiving a request for a hearing to contest a summary suspension, the [department] division shall hold a hearing within 10 days after the date of the receipt of the request.

      Sec. 1214.  NRS 618.845 is hereby amended to read as follows:

      618.845  The [department] division may maintain in any court of competent jurisdiction a suit for an injunction against any person engaged in the control of asbestos in violation of the provisions of NRS 618.780, 618.790, 618.820 or 618.825, or the standards or regulations adopted by the [department] division pursuant to NRS 618.750 to 618.850, inclusive.


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ê1993 Statutes of Nevada, Page 1890 (Chapter 466, AB 782)ê

 

618.820 or 618.825, or the standards or regulations adopted by the [department] division pursuant to NRS 618.750 to 618.850, inclusive. An injunction:

      1.  May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      2.  Does not relieve the person from criminal liability for engaging in the control of asbestos without a license.

      Sec. 1215.  NRS 618.850 is hereby amended to read as follows:

      618.850  Any person who engages in the control of asbestos without a license issued by the [department] division is guilty of a misdemeanor.

      Sec. 1216.  NRS 624.328 is hereby amended to read as follows:

      624.328  The employment security division of the department of employment, training and rehabilitation and the state industrial insurance system shall make available, upon request, to any licensed contractor the names and addresses of subcontractors who are delinquent in paying the amounts owed by the subcontractor to the:

      1.  Department for benefits for unemployment pursuant to chapter 612 of NRS; and

      2.  System for premiums for industrial insurance.

      Sec. 1217.  NRS 641.029 is hereby amended to read as follows:

      641.029  This chapter does not apply to:

      1.  A physician licensed to practice in this state;

      2.  A person licensed to practice dentistry in this state;

      3.  A person licensed as a marriage and family therapist under chapter 641A of NRS;

      4.  A person licensed to engage in social work pursuant to chapter 641B of NRS;

      5.  A person licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

      6.  A person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of [human resources;] employment, training and rehabilitation; or

      7.  Any clergyman,

so long as such a person does not represent himself as a psychologist.

      Sec. 1218.  NRS 641B.040 is hereby amended to read as follows:

      641B.040  This chapter does not apply to:

      1.  A physician licensed to practice in this state;

      2.  A nurse licensed to practice in this state;

      3.  A person licensed as a psychologist pursuant to chapter 641 of NRS;

      4.  A person certified as a marriage and family counselor pursuant to chapter 641A of NRS;

      5.  A person licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

      6.  A person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of [human resources;] employment, training and rehabilitation;

      7.  Any clergyman;

      8.  A county welfare director;


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      9.  Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or

      10.  A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the board. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates his training status.

      Sec. 1219.  NRS 645.015 is hereby amended to read as follows:

      645.015  As used in this chapter, “director” means the director of the department of [commerce.] business and industry.

      Sec. 1220.  NRS 645.037 is hereby amended to read as follows:

      645.037  As used in this chapter, “real estate division” and “division” means the real estate division of the department of [commerce.] business and industry.

      Sec. 1221.  NRS 645A.010 is hereby amended to read as follows:

      645A.010  As used in this chapter, unless the context otherwise requires:

      1.  “Commissioner” means the commissioner of financial institutions.

      2.  “Division” means the division of financial institutions of the department of [commerce.] business and industry.

      3.  “Escrow” means any transaction wherein one person, for the purpose of effecting the sale, transfer, encumbering or leasing of real or personal property to another person, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person until the happening of a specified event or the performance of a prescribed condition, when it is then to be delivered by such third person to a grantee, grantor, promisee, promisor, obligee, obligor, bailee, bailor or any agent or employee of any of the latter. The term includes the collection of payments and the performance of related services by a third person in connection with a loan secured by a lien on real property.

      4.  “Escrow agency” means:

      (a) Any person who employs one or more escrow agents; or

      (b) An escrow agent who administers escrows on his own behalf.

      5.  “Escrow agent” means any person engaged in the business of administering escrows for compensation.

      Sec. 1222.  NRS 645A.030 is hereby amended to read as follows:

      645A.030  1.  At the time of filing an application for a license as an escrow agent or agency, the applicant shall deposit with the commissioner a corporate surety bond payable to the State of Nevada, in an amount of $25,000 and executed by a corporate surety satisfactory to the commissioner.

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

 

      Know All Men by These Presents, that ......................., as principal, and ......................., as surety, are held and firmly bound unto the State of Nevada for the use and benefit of any person who suffers damages because of a violation of any of the provisions of chapter 645A of NRS, in the sum of ..........., lawful money of the United States, to be paid to the State of Nevada for such use and benefit, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.


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ê1993 Statutes of Nevada, Page 1892 (Chapter 466, AB 782)ê

 

made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

      The condition of that obligation is such that: Whereas, the principal has made an application to the commissioner of financial institutions of the department of [commerce] business and industry of the State of Nevada for a license as an escrow agent or agency and is required to furnish a bond in the amount of $25,000 conditioned as set forth in this bond:

      Now, therefore, if the principal, his agents and employees, strictly, honestly and faithfully comply with the provisions of chapter 645A of NRS, and pay all damages suffered by any person because of a violation of any of the provisions of chapter 645A of NRS, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of chapter 645A of NRS, then this obligation is void; otherwise it remains in full force.

      This bond becomes effective on the ......... day of ....................., 19......, and remains in force until the surety is released from liability by the commissioner of financial institutions or until this bond is canceled by the surety. The surety may cancel this bond and be relieved of further liability thereunder by giving 60 days’ written notice to the principal and to the commissioner of financial institutions of the department of [commerce] business and industry of the State of Nevada.

      In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its authorized officers at ................................, Nevada, this .................... day of ........................., 19.........

 

.............................................................(Seal)

                                                                                            Principal

.............................................................(Seal)

                                                                                              Surety

 

By ............................................

                                                                                                  Attorney in fact

..................................................

                                                                                           Licensed resident agent

      Sec. 1223.  NRS 645A.050 is hereby amended to read as follows:

      645A.050  1.  Subject to the administrative control of the director of the department of [commerce,] business and industry, the commissioner shall exercise general supervision and control over escrow agents and agencies doing business in the State of Nevada.

      2.  In addition to the other duties imposed upon him by law, the commissioner shall:

      (a) Adopt such regulations as may be necessary for making this chapter effective.

      (b) Conduct or cause to be conducted each year an examination of each escrow agency licensed pursuant to this chapter.

      (c) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.


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ê1993 Statutes of Nevada, Page 1893 (Chapter 466, AB 782)ê

 

      (d) Conduct such examinations, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the laws of this state relating to escrow.

      (e) Classify as confidential the financial statements of an escrow agency and those records and information obtained by the division which:

             (1) Are obtained from a governmental agency upon the express condition that they remain confidential.

             (2) Consist of information compiled by the division in the investigation of possible violations of this chapter.

This paragraph does not limit examination by the legislative auditor or any other person pursuant to a court order.

      3.  An escrow agency may engage a certified public accountant to perform such an examination in lieu of the division. In such a case, the examination must be equivalent to the type of examination made by the division and the expense must be borne by the escrow agency being examined.

      4.  The commissioner shall determine whether an examination performed by an accountant pursuant to subsection 3 is equivalent to an examination conducted by the division. The commissioner may examine any area of the operation of an escrow agency if the commissioner determines that the examination of that area is not equivalent to an examination conducted by the division.

      Sec. 1224.  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 [commerce,] business and industry, the commissioner shall exercise general supervision and control over mortgage companies doing business in this state.

      2.  In addition to the other duties imposed upon him by law, the commissioner shall:

      (a) Adopt reasonable regulations as may be necessary for making effective this chapter, except as to loan brokerage fees.

      (b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.

      (c) Conduct such examinations, periodic or special audits, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the laws of this state regarding mortgage companies.

      (d) 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.

      (e) Conduct such examinations and investigations as are necessary to ensure that mortgage companies 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 company shall pay a fee based on the rate established pursuant to NRS 658.101.

      Sec. 1225.  NRS 645C.060 is hereby amended to read as follows:

      645C.060  “Division” means the real estate division of the department of [commerce.] business and industry.


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

ê1993 Statutes of Nevada, Page 1894 (Chapter 466, AB 782)ê

 

      Sec. 1226.  NRS 649.051 is hereby amended to read as follows:

      649.051  The commissioner shall administer and enforce the provisions of this chapter, subject to the administrative supervision of the director of the department of [commerce.] business and industry.

      Sec. 1227.  NRS 649.115 is hereby amended to read as follows:

      649.115  1.  The bond must be in a form approved by the division of financial institutions of the department of [commerce] business and industry and conditioned that the applicant conduct his business in accordance with the requirements of this chapter.

      2.  The bond must cover all matters placed with the licensee during the term of the license so applied for, or a renewal thereof.

      3.  No action may be brought upon any bond after the expiration of 2 years from the revocation or expiration of the license.

      4.  After the expiration of the period of 2 years, all liability of the surety or sureties upon the bond ceases if no action is commenced upon the bond before the expiration of the period.

      Sec. 1228.  NRS 652.230 is hereby amended to read as follows:

      652.230  The provisions of this chapter apply to all public and private medical laboratories except:

      1.  A laboratory of any college, university or school which is conducted for the training of its students, actively engaged in research and approved by the state department of education.

      2.  Laboratories operated by the Federal Government.

      3.  Laboratories operated by the [state department of agriculture.] division of agriculture of the department of business and industry.

      Sec. 1229.  NRS 657.040 is hereby amended to read as follows:

      657.040  “Division of financial institutions” means the division of financial institutions of the department of [commerce.] business and industry.

      Sec. 1230.  NRS 658.015 is hereby amended to read as follows:

      658.015  The commissioner and the division of financial institutions shall administer the provisions of this Title, subject to administrative supervision by the director of the department of [commerce.] business and industry.

      Sec. 1231.  NRS 658.105 is hereby amended to read as follows:

      658.105  In addition to the other powers conferred upon him by this Title, the commissioner:

      1.  Is charged with the enforcement of the provisions of this Title, subject to administrative supervision by the director of the department of [commerce;] business and industry;

      2.  May make and publish regulations for the governing of banks doing business under the provisions of this Title; and

      3.  May require banks to furnish him with an audited financial statement prepared by an independent certified public accountant licensed to do business in Nevada.

      Sec. 1232.  NRS 660.025 is hereby amended to read as follows:

      660.025  1.  As used in this section “service center” is a place where functions of a bank are performed that do not involve the receiving of deposits, making of loans or withdrawals or the handling of cash.

      2.  Banks organized under this Title may establish and maintain one or more service centers according to their needs.


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

ê1993 Statutes of Nevada, Page 1895 (Chapter 466, AB 782)ê

 

      3.  A service center may be established by a bank by the vote of its board of directors. The bank shall inform the commissioner in writing of its intention to establish a service center and the location thereof.

      4.  A service center does not constitute branch banking. No license, certificate or prior approval of the commissioner, of the division of financial institutions or of the department of [commerce] business and industry is necessary before a service center may be established.

      Sec. 1233.  NRS 665.133 is hereby amended to read as follows:

      665.133  1.  The records and information described in subsection 1 of NRS 665.130 may be disclosed to:

      (a) An agency of the Federal Government or of another state which regulates the financial institution which is the subject of the records or information;

      (b) The director of the department of [commerce] business and industry for his confidential use;

      (c) The state board of finance for its confidential use, if the report or other information is necessary for the state board of finance to perform its duties under this Title;

      (d) An entity which insures or guarantees deposits;

      (e) A public officer authorized to investigate criminal charges in connection with the affairs of the depository institution;

      (f) A person preparing a proposal for merging with or acquiring an institution or holding company pursuant to NRS 666.225 to 666.375, inclusive, but only after notice of the disclosure has been given to the institution or holding company;

      (g) Any person to whom the subject of the report has authorized the disclosure;

      (h) Any other person if the commissioner determines, after notice and opportunity for hearing, that disclosure is in the public interest and outweighs any potential harm to the depository institution and its shareholders, members, depositors and creditors; and

      (i) Any court in a proceeding initiated by the commissioner concerning the financial institution.

      2.  All the reports made available pursuant to this section remain the property of the division of financial institutions, and no person, agency or authority to whom the reports are made available, or any officer, director or employee thereof, may disclose any of the reports or any information contained therein, except in published statistical material that does not disclose the affairs of any natural person or corporation.

      Sec. 1234.  NRS 666.165 is hereby amended to read as follows:

      666.165  1.  If the commissioner has reasonable cause to believe that a bank holding company:

      (a) Is engaging, has engaged or is about to engage in any unsafe or unsound practice in connection with the bank holding company or a bank which it owns or controls; or

      (b) Is violating, has violated or is about to violate a law, regulation or condition imposed in a written agreement between the commissioner and the bank holding company, the commissioner may issue and serve upon the company a notice of the charges against the company.


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

ê1993 Statutes of Nevada, Page 1896 (Chapter 466, AB 782)ê

 

the commissioner may issue and serve upon the company a notice of the charges against the company.

      2.  A notice issued pursuant to subsection 1 must contain a statement of the facts which constitute the violation or unsafe or unsound practice and must set a time and place for a hearing to determine whether the commissioner should issue an order to cease and desist from the activity. The hearing must be held not less than 20 nor more than 60 days after service of the notice unless an earlier or later date is set by the director of the department of [commerce] business and industry at the request of the bank holding company.

      Sec. 1235.  NRS 670A.180 is hereby amended to read as follows:

      670A.180  1.  The business and affairs of the corporation must be managed and conducted by a board of directors, a president, a vice president, a secretary, a treasurer and such other officers and agents as the corporation by its bylaws may authorize. The board of directors [shall] must consist of a number not less than 9 nor more than 15 as may be determined in the first instance by the incorporators and after that annually by the stockholders of the corporation. The director of the department of [commerce] business and industry and the executive director of the commission on economic development shall serve ex officio as nonvoting directors, but without any liability as such, except for gross negligence or willful misconduct.

      2.  The board of directors may exercise all the powers of the corporation except those conferred by law or by the bylaws of the corporation upon the stockholders and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except vacancies in the office of director, which must be filled as provided in this section.

      3.  The voting directors must be elected in the first instance by the incorporators and after that at least five directors must be elected by the members of the corporation and at least two directors must be elected by the stockholders at the annual meeting. The annual meeting must be held during the month of January or, if no annual meeting is held in the year of incorporation, then within 90 days after the approval of the articles of incorporation at a special meeting as provided in this chapter.

      4.  The voting directors shall hold office until the next annual meeting of the corporation or special meeting held in lieu of the annual meeting after the election and until their successors are elected and qualified, unless sooner removed in accordance with the provisions of the bylaws.

      5.  Any vacancy in the office of a voting director must be filled by the directors.

      6.  Directors and officers are not responsible for losses unless the losses have been occasioned by the willful misconduct of those directors and officers.

      Sec. 1236.  NRS 673.0065 is hereby amended to read as follows:

      673.0065  “Director” means the director of the department of [commerce.] business and industry.

      Sec. 1237.  NRS 678.090 is hereby amended to read as follows:

      678.090  “Department” means the department of [commerce.] business and industry.


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

ê1993 Statutes of Nevada, Page 1897 (Chapter 466, AB 782)ê

 

      Sec. 1238.  NRS 678.110 is hereby amended to read as follows:

      678.110  “Director” means the director of the department . [of commerce.]

      Sec. 1239.  Chapter 679A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Division” means the division of insurance of the department of business and industry.

      Sec. 1240.  NRS 679A.020 is hereby amended to read as follows:

      679A.020  As used in this code, unless the context otherwise requires, the words and terms defined in NRS 679A.030 to 679A.130, inclusive, and section 1239 of this act, have the meanings ascribed to them in those sections.

      Sec. 1241.  NRS 679B.020 is hereby amended to read as follows:

      679B.020  1.  The chief officer of the [department] division is the commissioner appointed as provided in NRS 232.820.

      2.  The commissioner shall not:

      (a) Engage in any other occupation, business or activity that is in any way inconsistent with the performance of his duties as commissioner;

      (b) Hold any other public office;

      (c) Directly or indirectly solicit or receive, or be in any manner concerned with soliciting or receiving, any assessment, subscription, contribution or service, whether voluntary or involuntary, for any political purpose whatever, from any person within or without the state; or

      (d) Act as an officer or manager for any candidate, political party or committee organized to promote the candidacy or any person for any public office.

      Sec. 1242.  NRS 679B.050 is hereby amended to read as follows:

      679B.050  The [department] division shall have an official seal, in form and design as designated by the commissioner and on file in the office of the secretary of state.

      Sec. 1243.  NRS 679B.060 is hereby amended to read as follows:

      679B.060  The buildings and grounds division of the department of general services shall furnish the [department of insurance] division with suitable office space for the performance of its duties.

      Sec. 1244.  NRS 679B.080 is hereby amended to read as follows:

      679B.080  1.  The [governor] director of the department of business and industry shall designate an acting commissioner when the office of commissioner is vacant or when the commissioner is unable to perform his duties because of mental or physical disability.

      2.  The commissioner shall designate one of his deputies to serve as acting commissioner in the commissioner’s absence.

      3.  The deputies have such powers and duties as the commissioner delegates and assigns to them.

      4.  The deputies shall devote their full time to the [department.] division.

      Sec. 1245.  NRS 679B.100 is hereby amended to read as follows:

      679B.100  1.  The commissioner, his deputy or any examiner, assistant or employee of the [department] division shall not be connected with the management or be a stockholder, or be otherwise financially interested in any insurer, insurance holding company or its parent, subsidiaries or affiliates, insurance agency or broker, insurance trade association, premium finance company, adjuster or other licensee under this code, or be pecuniarily interested in any insurance transaction except as a policyholder or claimant under a policy, except that as to matters wherein a conflict of interests does not exist on the part of any such person, the commissioner may employ or retain from time to time insurance actuaries, examiners, accountants, attorneys or other technicians who are independently practicing their professions even though from time to time similarly employed or retained by insurers or others.


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

ê1993 Statutes of Nevada, Page 1898 (Chapter 466, AB 782)ê

 

company, adjuster or other licensee under this code, or be pecuniarily interested in any insurance transaction except as a policyholder or claimant under a policy, except that as to matters wherein a conflict of interests does not exist on the part of any such person, the commissioner may employ or retain from time to time insurance actuaries, examiners, accountants, attorneys or other technicians who are independently practicing their professions even though from time to time similarly employed or retained by insurers or others.

      2.  Subsection 1 [shall not be deemed to] does not prohibit:

      (a) Receipt by any such person of fully vested commissions or fully vested retirement benefits to which he is entitled by reason of services performed before becoming commissioner or before employment by the commissioner;

      (b) Investment in shares of regulated diversified investment companies; or

      (c) Mortgage loans made under customary terms and in the ordinary course of business.

      3.  Any person knowingly violating this section is guilty of a misdemeanor.

      Sec. 1246.  NRS 679B.110 is hereby amended to read as follows:

      679B.110  1.  The commissioner may delegate to his deputy, examiner or an employee of the [department] division the exercise or discharge in the commissioner’s name of any power, duty or function, whether ministerial, discretionary or of whatever character, vested in or imposed upon the commissioner.

      2.  The official act of any such person acting in the commissioner’s name and by his authority shall be deemed an official act of the commissioner.

      Sec. 1247.  NRS 679B.115 is hereby amended to read as follows:

      679B.115  1.  The commissioner and the employees of the [department,] division, in the absence of fraud or bad faith, are not subject to civil liability for publishing any report or bulletin related to the official activities of the commissioner or the [department.] division.

      2.  This section does not abrogate or modify any privilege or immunity which applies to the commissioner or the employees of the [department.] division.

      Sec. 1248.  NRS 679B.120 is hereby amended to read as follows:

      679B.120  The commissioner shall:

      1.  Organize and manage the [department,] division, and direct and supervise all its activities;

      2.  Execute the duties imposed upon him by this code;

      3.  Enforce the provisions of this code;

      4.  Have the powers and authority expressly conferred upon him by or reasonably implied from the provisions of this code;

      5.  Conduct such examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as he may deem proper upon reasonable and probable cause to determine whether any person has violated any provision of this code or to secure information useful in the lawful enforcement or administration of any such provision; and

      6.  Have such additional powers and duties as may be provided by other laws of this state.

      Sec. 1249.  NRS 679B.140 is hereby amended to read as follows:

      679B.140  1.  Orders and notices of the commissioner are effective only when in writing signed by him or by his authority.


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

ê1993 Statutes of Nevada, Page 1899 (Chapter 466, AB 782)ê

 

      2.  Except as otherwise expressly provided by law as to particular orders, every order of the commissioner must state its effective date, and concisely state:

      (a) Its intent or purpose;

      (b) The grounds on which it is based; and

      (c) The provisions of this code pursuant to which action is taken or proposed to be taken but failure to so designate a particular provision does not deprive the commissioner of the right to rely thereon.

      3.  Except as otherwise provided as to particular procedures, an order or notice may be given by delivery to the person to be ordered or notified, or by mailing it, postage prepaid, addressed to that person at his principal place of business or residence as last of record in the [department.] division. The order or notice shall be deemed to have been given when deposited with the United States Postal Service, and of which the affidavit of the person who so mailed the order or notice is prima facie evidence.

      Sec. 1250.  NRS 679B.153 is hereby amended to read as follows:

      679B.153  The commissioner shall establish a program within the [department] division to investigate any act or practice which:

      1.  Violates the provisions of NRS 686A.010 to 686A.310, inclusive; or

      2.  Defrauds or is an attempt to defraud an insurer.

      Sec. 1251.  NRS 679B.155 is hereby amended to read as follows:

      679B.155  To investigate fraudulent claims for benefits from a policy of insurance, the commissioner may:

      1.  Designate employees of the [department] division as investigators to carry out the provisions of NRS 679B.153 to 679B.158, inclusive.

      2.  Conduct investigations into such activities occurring outside this state, if necessary. To conduct these investigations, the commissioner or his investigators may:

      (a) Travel outside this state;

      (b) Cooperate with appropriate agencies or persons outside this state; or

      (c) Designate those agencies to conduct investigations for the commissioner.

      3.  Assist officials of investigative or law enforcement agencies of any other state or the Federal Government who are investigating fraudulent claims and who request assistance from the commissioner.

      Sec. 1252.  NRS 679B.157 is hereby amended to read as follows:

      679B.157  An insurer, employee or representative of an insurer, official of an investigative or law enforcement agency, employee of the [department] division or the commissioner is not subject to a criminal penalty or subject to civil liability for libel, slander or any similar cause of action in tort if he, without malice, discloses information on a fraudulent claim or suspicious fire.

      Sec. 1253.  NRS 679B.180 is hereby amended to read as follows:

      679B.180  1.  The commissioner may invoke the aid of the courts through injunction or other proper process, mandatory or otherwise, to enjoin any existing or threatened violation of any provision of this code, or to enforce any proper order made by him or action taken by him.

      2.  If the commissioner has reason to believe that any person has violated any provision of this code, or other law applicable to insurance operations, for which criminal prosecution in his opinion would be in order, he shall give the information relative thereto to the appropriate district attorney or to the attorney general.


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

ê1993 Statutes of Nevada, Page 1900 (Chapter 466, AB 782)ê

 

the information relative thereto to the appropriate district attorney or to the attorney general. The district attorney or attorney general shall promptly institute such action or proceedings against such person as in his opinion the information may require or justify.

      3.  If the commissioner requests the appropriate district attorney to prosecute a fraudulent claim, the district attorney shall, within 30 days after receiving the request;

      (a) File a complaint; or

      (b) Notify the commissioner in writing of the reasons for his refusal to prosecute the claim.

If the district attorney is unable, fails or refuses to prosecute the claim, the commissioner may request the attorney general to do so. If the attorney general has not begun to prosecute the claim within 60 days after the request by the commissioner, the attorney general shall inform the commissioner in writing of the reasons for the delay or for failing to prosecute the claim.

      4.  Except as otherwise provided in this code, the attorney general shall act as legal counsel to the [department] division and the commissioner in all matters pertaining to the administration and enforcement of this code.

      Sec. 1254.  NRS 679B.190 is hereby amended to read as follows:

      679B.190  1.  The commissioner shall carefully preserve in the [department] division and in permanent form all papers and records relating to the business and transactions of the [department] division and shall hand them over to his successor in office.

      2.  Except as otherwise provided by subsections 3 and 5 and other provisions of this code, the papers and records must be open to public inspection.

      3.  All records or information related to the investigation of a fraudulent claim by the commissioner are confidential unless:

      (a) The commissioner releases the records or information for public inspection after determining that the release of the records or information will not harm his investigation or the person who is being investigated; or

      (b) A court orders the release of the records or information after determining that the production of the records or information will not damage any investigation being conducted by the commissioner.

      4.  The commissioner may destroy unneeded or obsolete records and filings in the [department] division in accordance with provisions and procedures applicable in general to administrative agencies of this state.

      5.  The commissioner may classify as confidential certain records and information obtained from a governmental agency or other sources upon the express condition that they remain confidential, or be deemed confidential by the commissioner. No filing required to be made with the commissioner under this code shall be deemed confidential unless expressly provided by law.

      Sec. 1255.  NRS 679B.200 is hereby amended to read as follows:

      679B.200  1.  All certificates issued by the commissioner in accordance with the provisions of this code and all copies of documents filed in his office in accordance with the provisions of this code when certified by him must be taken and received in all courts and public offices and by official bodies of this state as prima facie evidence of the facts therein stated.


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

ê1993 Statutes of Nevada, Page 1901 (Chapter 466, AB 782)ê

 

      2.  A certificate by the commissioner under the seal of the [department] division as to facts relating to insurers which would not appear from a certified copy of any of the documents or certificates specified in subsection 1 must be taken and received in all courts and public offices and by official bodies as prima facie evidence of the facts therein stated.

      Sec. 1256.  NRS 679B.280 is hereby amended to read as follows:

      679B.280  1.  The commissioner shall deliver a copy of the examination report to the person examined, together with a notice affording the person 10 days or such additional reasonable period as the commissioner for good cause may allow within which to review the report and recommend changes therein.

      2.  If so requested by the person examined, within the period allowed under subsection 1, or if deemed advisable by the commissioner without such request, the commissioner shall hold a hearing relative to the report and shall not file the report in the [department] division for public inspection until after such hearing and his order thereon.

      3.  If no such hearing has been requested or held, the examination report, with such modifications, if any, thereof as the commissioner deems proper, must be accepted by the commissioner and filed in the [department] division for public inspection upon expiration of the review period provided for in subsection 1. The report must in any event be so accepted and filed within 6 months after final hearing thereon, except that the commissioner may withhold from public inspection any examination report for so long as he deems such withholding to be necessary for the protection of the person examined against unwarranted injury or to be in the public interest.

      4.  The commissioner shall forward to the person examined a copy of the examination report as filed for public inspection, together with any recommendations or statements relating thereto which he deems proper.

      5.  If the report concerns the examination of a domestic insurer, a copy of the report, or a summary thereof approved by the commissioner, when filed for public inspection, or if withheld from public inspection under subsection 3, together with the recommendations or statements of the commissioner or his examiner, must be presented by the insurer’s chief executive officer to the insurer’s board of directors or similar governing body at a meeting thereof which must be held within 30 days next following receipt of the report in final form by the insurer. A copy of the report must also be furnished by the secretary of the insurer, if incorporated, or by the attorney-in-fact if a reciprocal insurer, to each member of the insurer’s board of directors or board of governors, if a reciprocal insurer, and the certificate of the secretary or attorney-in-fact that a copy of the examination report has been so furnished shall be deemed to constitute knowledge of the contents of the report by each such member.

      Sec. 1257.  NRS 679B.300 is hereby amended to read as follows:

      679B.300  1.  The insurance examination fund is hereby created as a special revenue fund. All money received by the commissioner pursuant to NRS 679B.290 must be deposited in the state treasury for credit to the fund.

      2.  Money for travel, per diem, compensation and other necessary and authorized expenses incurred by an examiner or other representative of the [department,] division, or by the advocate for insurance customers, in the examination of any person required to pay, and making payment of, the expense of examination pursuant to NRS 679B.290 or 686B.420 must be paid out of the insurance examination fund as other claims against the state are paid.


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

ê1993 Statutes of Nevada, Page 1902 (Chapter 466, AB 782)ê

 

expense of examination pursuant to NRS 679B.290 or 686B.420 must be paid out of the insurance examination fund as other claims against the state are paid.

      Sec. 1258.  NRS 679B.310 is hereby amended to read as follows:

      679B.310  1.  The commissioner may hold a hearing, without request by others, to determine whether an insurer or an employee of an insurer has engaged in unsuitable conduct and for any other purpose within the scope of this code.

      2.  The commissioner shall hold a hearing:

      (a) If required by any other provision of this code; or

      (b) Upon written application for a hearing by a person aggrieved by any act, threatened act, or failure of the commissioner to act, or by any report, rule, regulation or order of the commissioner, other than an order for the holding of a hearing, or an order issued on a hearing of which the person had notice. The application must be filed in the [department] division within 60 days after the person knew or reasonably should have known of the act, threatened act, failure, report, rule, regulation or order, unless a different period is provided for by any other law applicable to the particular matter, in which case the other law governs.

      3.  Any such application for a hearing must briefly state the respects in which the applicant is so aggrieved, together with the grounds to be relied upon as a basis for the relief to be sought at the hearing.

      4.  If the commissioner finds that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established and that the grounds otherwise justify the hearing, he shall hold the hearing within 30 days after the filing of the application, unless postponed by mutual consent. Failure to hold the hearing upon application therefor of a person entitled thereto as provided in this section constitutes a denial of the relief sought, and is the equivalent of a final order of the commissioner on hearing for the purpose of an appeal pursuant to NRS 679B.370.

      5.  Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of his previous action.

      Sec. 1259.  NRS 679B.330 is hereby amended to read as follows:

      679B.330  1.  The commissioner may hold a hearing in Carson City, Nevada, or any other place of convenience to parties and witnesses, as the commissioner determines. The commissioner, his deputy or assistant, or a person appointed by the commissioner, shall preside at the hearing, and shall expedite the hearing and all procedures involved therein.

      2.  The commissioner may appoint a person who is not associated with the [department] division to conduct a hearing if the hearing requires a disinterested or impartial hearing officer. A person so appointed shall comply with the provisions which govern hearings conducted by the commissioner. An order issued by such a person has the same effect as an order issued by the commissioner.

      3.  Testimony may be taken orally or by deposition, and any party has the same right to introduce evidence by interrogatories or deposition as he would have in a district court.

      4.  Upon good cause shown the commissioner shall permit to become a party to the hearing by intervention, if timely, only such persons, not original parties thereto, whose pecuniary interests are to be directly and immediately affected by the commissioner’s order made upon the hearing.


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

ê1993 Statutes of Nevada, Page 1903 (Chapter 466, AB 782)ê

 

parties thereto, whose pecuniary interests are to be directly and immediately affected by the commissioner’s order made upon the hearing.

      5.  The commissioner shall cause a record of the proceedings to be made. If transcribed, a copy of the record must be part of the commissioner’s record of the hearing and a copy must be furnished to any other party to the hearing, at the request and expense of the other party. If no such record is transcribed, the commissioner shall prepare a summary record of the proceedings and evidence.

      Sec. 1260.  NRS 679B.450 is hereby amended to read as follows:

      679B.450  1.  Insurers required to file reports pursuant to NRS 679B.430 shall pay to the [department] division a reasonable fee established by the commissioner of not more than $500 to cover the costs to the [department] division of the administration and enforcement of NRS 679B.400 to 679B.460, inclusive, including any expenses incident or associated with the requirements of those sections.

      2.  The cost of furnishing a report, unless furnished to a legislator, must be paid by the party requesting the report.

      3.  The commissioner may establish a schedule of fees for the purposes of this section.

      Sec. 1261.  NRS 679B.500 is hereby amended to read as follows:

      679B.500  1.  There is hereby created within the [department a commission] division an office for hospital patients.

      2.  The [executive director of the commission:] administrator of the office:

      (a) Is responsible for the operation of the [commission.] office.

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

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

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

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

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

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

      (b) The reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and

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


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ê1993 Statutes of Nevada, Page 1904 (Chapter 466, AB 782)ê

 

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

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

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

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

      Sec. 1262.  NRS 680A.210 is hereby amended to read as follows:

      680A.210  1.  All suspensions, limitations or revocations of, or refusals to continue, an insurer’s certificate of authority must be by the commissioner’s order given to the insurer.

      2.  Upon issuance of the order, the commissioner shall forthwith give notice thereof to the insurer’s agents in this state, of record in the [department,] division, and shall also suspend, limit or revoke the authority of such agents to represent the insurer.

      Sec. 1263.  NRS 680A.220 is hereby amended to read as follows:

      680A.220  1.  Suspension of an insurer’s certificate of authority must be for such period as the commissioner specifies in the order of suspension, but not to exceed 1 year. During the suspension period the commissioner may rescind or shorten the suspension by his further order.

      2.  During the suspension period the insurer shall not solicit or write any new business in this state, but must file its annual statement, pay fees, licenses and taxes as required under this code, and may service its business already in force in this state, as if the certificate of authority had continued in full force.

      3.  Upon expiration of the suspension period, if within such period the certificate of authority has not terminated, the insurer’s certificate of authority is automatically reinstated unless the commissioner finds that the causes of the suspension, being other than a past event, are continuing, or that the insurer is otherwise not in compliance with the requirements of this code, and of which the commissioner shall give the insurer notice not less than 30 days in advance of expiration of the suspension period.

      4.  Upon reinstatement of the insurer’s certificate of authority, the authority of its agents in this state to represent the insurer is also reinstated. The commissioner shall promptly notify the insurer and its agents in this state, of record in the [department,] division, of such reinstatement.


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ê1993 Statutes of Nevada, Page 1905 (Chapter 466, AB 782)ê

 

      Sec. 1264.  NRS 680A.330 is hereby amended to read as follows:

      680A.330  1.  When, by or pursuant to the laws of any other state or foreign country or province, any taxes, licenses and other fees [,] in the aggregate, and any fines, penalties, deposit requirements or other material requirements, obligations, prohibitions or restrictions are or would be imposed upon Nevada insurers doing business or that might seek to do business in such state, country or province, or upon the agents or representatives of such insurers or upon brokers or adjusters, which are in excess of such taxes, licenses and other fees [,] in the aggregate, or which are in excess of the fines, penalties, deposit requirements or other requirements, obligations, prohibitions or restrictions directly imposed upon similar insurers, or upon the agents or representatives of such insurers, or upon brokers, or upon adjusters, of such other state, country or province under the statutes of this state, so long as such laws of such other state, country or province continue in force or are so applied, the same taxes, licenses and other fees [,] in the aggregate, or fines, penalties or deposit requirements or other material requirements, obligations, prohibitions or restrictions of whatever kind [shall] must be imposed by the commissioner or the department of taxation upon the insurers, or upon the agents or representatives of such insurers, or upon brokers, of such other state, country or province doing business or seeking to do business in Nevada. Any tax, license or other fee or other obligation imposed by any city, county or other political subdivision or agency of such other state, country or province on Nevada insurers or their agents, representatives or adjusters shall be deemed to be imposed by such state, country or province within the meaning of this section.

      2.  This section does not apply to:

      (a) Personal income taxes;

      (b) Ad valorem taxes on real or personal property; or

      (c) Special purpose obligations or assessments imposed by another state in connection with particular kinds of insurance other than property insurance,

except that deductions, from premium taxes or other taxes otherwise payable, allowed on account of real or personal property taxes paid [shall] must be taken into consideration by the commissioner and the executive director of the department of taxation in determining the propriety and extent of retaliatory action under this section.

      3.  For the purposes of this section the domicile of an alien insurer, other than insurers formed under the laws of Canada or a province thereof, [shall be] is that state designated by the insurer in writing filed with the commissioner at the time of admission to this State or within 6 months after January 1, 1972, whichever date is the later, and may be any one of the following states:

      (a) That in which the insurer was first authorized to transact insurance;

      (b) That in which is located the insurer’s principal place of business in the United States of America; or

      (c) That in which is held the largest deposit of trusteed assets of the insurer for the protection of its policyholders in the United States of America.

If the insurer makes no such designation, its domicile shall be deemed to be that state in which is located its principal place of business in the United States of America.


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ê1993 Statutes of Nevada, Page 1906 (Chapter 466, AB 782)ê

 

      4.  The domicile of a Canadian insurer [shall be] is the province of Canada in which its head office is located.

      Sec. 1265.  NRS 680B.010 is hereby amended to read as follows:

      680B.010  The commissioner shall collect in advance and receipt for, and persons so served must pay to the commissioner, fees and miscellaneous charges as follows:

      1.  Insurer’s certificate of authority:

      (a) Filing initial application ...........................................................            $2,450

      (b) Issuance of certificate:

             (1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive ..................................................................................................                 283

             (2) For two or more kinds of insurance as so defined ........                 578

             (3) For a reinsurer .....................................................................                 283

      (c) Each annual continuation of a certificate .............................              2,450

      (d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.

      (e) Registration of additional title pursuant to NRS 680A.240                   50

Annual renewal .........................................................................                   25

      2.  Charter documents, other than those filed with application for certificate of authority, Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document                $10

      3.  Annual statement or report. For filing annual statement or report                 $25

      4.  Service of process:

      (a) Filing of power of attorney .....................................................                   $5

      (b) Acceptance of service of process .........................................                     5

      5.  Agents’ licenses, appointments and renewals:

      (a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340:

             (1) Application and license ....................................................                 $78

             (2) Appointment by each insurer ..........................................                     5

             (3) Triennial renewal of each license .....................................                   78

             (4) Temporary license ..............................................................                   10

      (b) Other nonresident agents:

             (1) Application and license ....................................................                 138

             (2) Appointment by each insurer ..........................................                   25

             (3) Triennial renewal of each license .....................................                 138

      6.  Brokers’ licenses and renewals:

      (a) Resident brokers and nonresident brokers qualifying under subsection 4 of NRS 683A.340:

             (1) Application and license ....................................................                 $78

             (2) Triennial renewal of each license .....................................                   78

      (b) Other nonresident brokers:

             (1) Application and license ....................................................               $258

             (2) Triennial renewal of each license .....................................                 258


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ê1993 Statutes of Nevada, Page 1907 (Chapter 466, AB 782)ê

 

      (c) Surplus lines brokers:

             (1) Application and license ....................................................                   78

             (2) Triennial renewal of each license .....................................                   78

      7.  Solicitors’ licenses, appointments and renewals:

      (a) Application and license ...........................................................                 $78

      (b) Triennial renewal of each license ...........................................                   78

      (c) Initial appointment ...................................................................                     5

      8.  Managing general agents’ licenses, appointments and renewals:

      (a) Resident managing general agents:

             (1) Application and license ....................................................                 $78

             (2) Initial appointment, each insurer .....................................                     5

             (3) Triennial renewal of each license .....................................                   78

      (b) Nonresident managing general agents:

             (1) Application and license ....................................................                 138

             (2) Initial appointment, each insurer .....................................                   25

             (3) Triennial renewal of each license .....................................                 138

      9.  Adjusters’ licenses and renewals:

      (a) Independent and public adjusters:

             (1) Application and license ....................................................                 $78

             (2) Triennial renewal of each license .....................................                   78

      (b) Associate adjusters:

             (1) Application and license ....................................................                   78

             (2) Initial appointment .............................................................                     5

             (3) Triennial renewal of each license .....................................                   78

      10.  Licenses and renewals for appraisers of physical damage to motor vehicles:

      (a) Application and license ...........................................................                 $78

      (b) Triennial renewal of each license ...........................................                   78

      11.  Additional title and property insurers pursuant to NRS 680A.240:

      (a) Original registration .................................................................                 $50

      (b) Annual renewal ........................................................................                   25

      12.  Insurance vending machines:

      (a) Application and license, for each machine ...........................                 $78

      (b) Triennial renewal of each license ...........................................                   78

      13.  Permit for solicitation for securities:

      (a) Application for permit ..............................................................               $100

      (b) Extension of permit ..................................................................                   50

      14.  Securities salesmen for domestic insurers:

      (a) Application and license ...........................................................                 $25

      (b) Annual renewal of license ......................................................                   15

      15.  Rating organizations:

      (a) Application and license ...........................................................               $500

      (b) Annual renewal ........................................................................                 500

      16.  Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:

      (a) Resident administrators:

             (1) Application and certificate of registration .....................                 $78


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ê1993 Statutes of Nevada, Page 1908 (Chapter 466, AB 782)ê

 

             (2) Triennial renewal ................................................................                   78

      (b) Nonresident administrators:

             (1) Application and certificate of registration .....................                 138

             (2) Triennial renewal ................................................................                 138

      17.  For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.

      18.  Certified copies of certificates of authority and licenses issued pursuant to the insurance code ............................................................................                 $10

      19.  For copies and amendments of documents on file in the [department,] division, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.

      20.  Letter of clearance for an agent or broker ..........................                   $5

      21.  Certificate of status as a licensed agent or broker ............                   $5

      22.  Licenses, appointments and renewals for bail agents:

      (a) Application and license ...........................................................                 $78

      (b) Initial appointment by each surety insurer ..........................                     5

      (c) Triennial renewal of each license ...........................................                   78

      23.  Licenses and renewals for property bondsmen:

      (a) Application and license ...........................................................                 $78

      (b) Triennial renewal of each license ...........................................                   78

      24.  Licenses, appointments and renewals for general bail agents:

      (a) Application and license ...........................................................                 $78

      (b) Initial appointment by each insurer .......................................                     5

      (c) Triennial renewal of each license ...........................................                   78

      25.  Licenses and renewals for bail solicitors:

      (a) Application and license ...........................................................                 $78

      (b) Triennial renewal of each license ...........................................                   78

      26.  Licenses and renewals for title agents and escrow officers:

      (a) Resident title agents and escrow officers:

             (1) Application and license ....................................................                 $78

             (2) Triennial renewal of each license .....................................                   78

      (b) Nonresident title agents and escrow officers:

             (1) Application and license ....................................................                 138

             (2) Triennial renewal of each license .....................................                 138

      (c) Change in name or location of business or in association                   10

      27.  Certificate of authority and renewal for a seller of prepaid funeral contracts .................................................................................................                 $78

      28.  Licenses and renewals for agents for prepaid funeral contracts:

      (a) Resident agents:

             (1) Application and license ....................................................                 $78

             (2) Triennial renewal of each license .....................................                   78

      (b) Nonresident agents:

             (1) Application and license ....................................................                 138


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ê1993 Statutes of Nevada, Page 1909 (Chapter 466, AB 782)ê

 

             (2) Triennial renewal of each license .....................................                 138

      29.  Licenses, appointments and renewals for agents for fraternal benefit societies:

      (a) Resident agents:

             (1) Application and license ....................................................                 $78

             (2) Appointment .......................................................................                     5

             (3) Triennial renewal of each license .....................................                   78

      (b) Nonresident agents:

             (1) Application and license ....................................................                 138

             (2) Triennial renewal of each license .....................................                 138

      30.  Surplus lines:

      (a) Filing of affidavit pursuant to NRS 685A.050.......................                 $25

      (b) Filing of memorandum pursuant to NRS 685A.060 .............                   25

      (c) Filing of amendment to the memorandum when additional premium is reported ...................................................................................................                   10

      31.  Agents for and sellers of prepaid burial contracts:

      (a) Resident agents and sellers:

             (1) Application and certificate or license .............................                 $78

             (2) Triennial renewal ................................................................                   78

      (b) Nonresident agents and sellers:

             (1) Application and certificate or license .............................                 138

             (2) Triennial renewal ................................................................                 138

      32.  For the initial registration and review of an application of a risk retention group                                                                                              $2,450

      33.  Required filing of forms:

      (a) For rates and policies ...............................................................                 $25

      (b) For riders and endorsements ..................................................                   10

      Sec. 1266.  NRS 680B.027 is hereby amended to read as follows:

      680B.027  1.  Except as otherwise provided in NRS 680B.033, for the privilege of transacting business in this state, each insurer shall pay to the [commissioner] department of taxation a tax upon his net direct premiums and net direct considerations written at the rate of 3.5 percent.

      2.  The tax must be paid at the same time the report required by NRS 680B.030 is filed.

      3.  The commissioner or the executive director of the department of taxation may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.

      Sec. 1267.  NRS 680B.030 is hereby amended to read as follows:

      680B.030  1.  Each insurer and each formerly authorized insurer with respect to insurance transacted while an authorized insurer and property bondsman shall, on or before March 1 of each year, or within any reasonable extension of time therefor which the [commissioner] executive director of the department of taxation may for good cause have granted on or before that date, file with the [commissioner] department of taxation a report in such form as prescribed by the executive director of the department of taxation in cooperation with the commissioner , showing total income derived from direct premiums written, including policy, membership and other fees and assessments, and all other considerations for insurance, bail or annuity contracts written during the next preceding calendar year on account of policies and contracts covering property, subjects or risks located, resident or to be performed in this state, with proper proportionate allocation of premiums as to such persons, property, subjects or risks in this state insured under policies and contracts covering persons, property, subjects or risks located or resident in more than one state, after deducting from the total income derived from direct premiums written:

 


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ê1993 Statutes of Nevada, Page 1910 (Chapter 466, AB 782)ê

 

and contracts covering property, subjects or risks located, resident or to be performed in this state, with proper proportionate allocation of premiums as to such persons, property, subjects or risks in this state insured under policies and contracts covering persons, property, subjects or risks located or resident in more than one state, after deducting from the total income derived from direct premiums written:

      (a) The amount or return premiums; and

      (b) [Premiums received for reinsurance on such property or risks; and

      (c)] Dividends, savings and unabsorbed premium deposits returned to policyholders in cash or credited to their accounts.

      2.  The report must be verified by the oath or affirmation of the insurer’s president, vice president, secretary, treasurer or manager.

      Sec. 1268.  NRS 680B.031 is hereby amended to read as follows:

      680B.031  1.  Each insurer which, pursuant to NRS 680B.027, paid or is required to pay a tax of at least $2,000 on net direct premiums and net direct considerations written during the preceding calendar year, shall file a quarterly report in such form as prescribed by the [commissioner.] executive director of the department of taxation. The report must be accompanied by a payment made payable to the [commissioner] department of taxation in an amount equal to 25 percent of the tax paid or required to be paid on net direct premiums and net direct considerations written during the preceding calendar year.

      2.  Each quarterly payment is due on the last day of the last month in each calendar quarter.

      3.  If an overpayment of the tax imposed by NRS 680B.027 results from the payments made pursuant to this section, the insurer shall apply the overpayment against each succeeding quarterly estimated payment due in the current calendar year until the overpayment has been extinguished.

      Sec. 1269.  NRS 680B.039 is hereby amended to read as follows:

      680B.039  Any insurer that fails to file the report or pay the tax as required by NRS 680B.025 to 680B.039, inclusive, within the time for filing and payment as provided in those sections shall in addition to any other applicable penalty pay a penalty [equal to the rate of 10 percent upon the amount of tax assessed against it.] of not more than 10 percent of the amount of the tax which is owed, as determined by the department of taxation, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax should have been paid until the date of payment.

      Sec. 1270.  NRS 680B.040 is hereby amended to read as follows:

      680B.040  1.  Every insured in this state who procures or causes to be procured or continues or renews insurance in an unauthorized alien or foreign insurer, or any self-insurer in this state who so procures or continues excess loss, catastrophe or other insurance, upon a subject of insurance resident, located or to be performed within this state, other than insurance procured through a surplus line broker pursuant to chapter 685A of NRS or exempted from that chapter, shall within 30 days after the date such insurance was so procured, continued or renewed, file a written report with the [commissioner] department of taxation on forms prescribed by the executive director of the department of taxation in cooperation with the commissioner and furnished to such an insured upon request.


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ê1993 Statutes of Nevada, Page 1911 (Chapter 466, AB 782)ê

 

of the department of taxation in cooperation with the commissioner and furnished to such an insured upon request. The report must show:

      (a) The name and address of the insured or insureds.

      (b) The name and address of the insurer.

      (c) The subject of the insurance.

      (d) A general description of the coverage.

      (e) The premium currently charged therefor.

      (f) Such additional pertinent information as is reasonably requested by the commissioner [.] or the executive director of the department of taxation.

If any such insurance covers also a subject of insurance resident, located or to be performed outside of this state, for the purposes of this section a proper pro rata portion of the entire premium payable for all such insurance must be allocated as to the subjects of insurance resident, located or to be performed in this state.

      2.  Any insurance in an unauthorized insurer procured through negotiations or an application in whole or in part occurring or made within or from within this state, or for which premiums in whole or in part are remitted directly or indirectly from within this state, shall be deemed to be insurance procured or continued or renewed in this state within the intent of subsection 1.

      3.  For the general support of the government of this state there is levied upon the obligation, chose in action or right represented by the premium charged or payable for such insurance a tax at the rate prescribed in NRS 680B.027. The insured shall withhold the amount of the tax from the amount of premium charged by and otherwise payable to the insurer for such insurance, and within 30 days after the insurance was so procured, continued or renewed, and coincidentally with the filing [with the commissioner] of the report provided for in subsection 1, the insured shall pay the amount of the tax to the state treasurer through the [commissioner.] department of taxation.

      4.  If the insured fails to withhold from the premium the amount of tax levied in this section, the insured is liable for the amount of the tax and shall pay it to the [commissioner] department of taxation within the time stated in subsection 3.

      5.  [The] If the insured fails to pay tax imposed by this section [, if delinquent, bears interest at the rate of 10 percent per annum, compounded annually.] the insured shall in addition to any other applicable penalty pay a penalty of not more than 10 percent of the amount of the tax which is owed, as determined by the department of taxation, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax should have been paid until the date of payment.

      6.  The tax is collectible from the insured by civil action brought by the [commissioner,] department of taxation, and by the seizure, distraint and sale of any property of the insured situated in this state.

      7.  This section does not abrogate or modify any other provision of this code.

      8.  This section does not apply to life or disability insurances.

      9.  The provisions of this section do not prohibit the procurement of insurance from an unauthorized alien or foreign insurer by a person in accordance with the requirements of subsection 9 of NRS 680A.070.


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ê1993 Statutes of Nevada, Page 1912 (Chapter 466, AB 782)ê

 

      10.  The department of taxation shall report to the commissioner concerning independently procured insurance transactions reported to the department of taxation pursuant to this section.

      Sec. 1271.  NRS 680B.050 is hereby amended to read as follows:

      680B.050  1.  Except as otherwise provided in this section, a domestic or foreign insurer which owns and substantially occupies and uses any building in this state as its home office or as a regional home office, as defined in subsection 2, is entitled to the following credits against the tax otherwise imposed by NRS 680B.027:

      (a) An amount equal to 50 percent of the aggregate amount of the tax as determined under NRS 680B.025 to 680B.039, inclusive; and

      (b) An amount equal to the full amount of ad valorem taxes paid by the insurer during the calendar year next preceding the filing of the report required by NRS 680B.030, upon the home office or regional home office together with the land, as reasonably required for the convenient use of the office, upon which the home office or regional home office is situated.

These credits must not reduce the amount of tax payable to less than 20 percent of the tax otherwise payable by the insurer under NRS 680B.027.

      2.  For the purposes of this section a “regional home office” means an office of the insurer performing for an area covering two or more states, with a minimum of 25 employees on its office staff, the supervision, underwriting, issuing and servicing of the insurance business of the insurer.

      3.  The insurer shall on or before March 1 of each year furnish proof to the [commissioner’s satisfaction,] satisfaction of the executive director of the department of taxation, on forms furnished by or acceptable to the [commissioner,] executive director, as to its entitlement to the tax reduction provided for in this section. A determination of the executive director of the department of taxation pursuant to this section is not binding upon the commissioner for the purposes of NRS 682A.240.

      4.  An insurer is not entitled to the credits provided in this section unless:

      (a) The insurer owned the property upon which the reduction is based for the entire year for which the reduction is claimed; and

      (b) The insurer occupied at least 70 percent of the usable space in the building to transact insurance or the insurer is a general or limited partner and occupies 100 percent of its ownership interest in the building.

      5.  If two or more insurers under common ownership or management and control jointly own in equal interest, and jointly occupy and use such a home office or regional home office in this state for the conduct and administration of their respective insurance businesses as provided in this section, each of the insurers is entitled to the credits provided for by this section if otherwise qualified therefor under this section.

      Sec. 1272.  NRS 680B.060 is hereby amended to read as follows:

      680B.060  1.  The taxes imposed under NRS 680B.027 must be collected by the [commissioner] department of taxation and promptly deposited with the state treasurer for credit to the state general fund.

      2.  If the tax is not paid by the insurer on or before the date required for payment, the tax then becomes delinquent, and payment thereof may be enforced by court action instituted on behalf of the state by the attorney general. The attorney general may employ additional counsel in the city where the home office of the insurer is located, subject to approval of compensation for such services by the state board of examiners.


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ê1993 Statutes of Nevada, Page 1913 (Chapter 466, AB 782)ê

 

where the home office of the insurer is located, subject to approval of compensation for such services by the state board of examiners. The administrative and substantive enforcement provisions of chapters 360 and 372 of NRS apply to the enforcement of the taxes imposed under NRS 680B.027.

      3.  Upon the tax becoming delinquent the executive director of the department of taxation shall notify the commissioner , who shall suspend or revoke the insurer’s certificate of authority [.] pursuant to NRS 680A.190.

      4.  If a dispute arises between an insurer and the state as to the amount of tax, if any, payable, the insurer is entitled to pay under protest the tax in the amount assessed by the [commissioner,] department of taxation, without waiving or otherwise affecting any right of the insurer to recover any amount determined, through appropriate legal action taken by the insurer [,] against the department of taxation, to have been in excess of the amount of tax lawfully payable.

      5.  All taxes, fees, licenses, fines and charges collected [by the commissioner] under this code, including the general premium tax provided for under NRS 680B.027 and as increased in any instances pursuant to NRS 680A.330 , [(retaliatory provision),] must be promptly deposited with the state treasurer for credit to the state general fund.

      Sec. 1273.  NRS 680B.070 is hereby amended to read as follows:

      680B.070  1.  Each authorized insurer, fraternal benefit society, health maintenance organization, organization for dental care and motor club shall on or before March 1 of each year pay to the commissioner the uniform amount, not to exceed $15, as the commissioner requires, to cover the assessment levied upon this state in the same calendar year by the National Association of Insurance Commissioners to defray:

      (a) The general expenses of the association; and

      (b) Reasonable and necessary travel and related expenses incurred by the commissioner and members of his staff, without limitation as to number, in attending meetings of the association and its committees, subcommittees, hearings and other official activities.

The commissioner shall give written notice of the required amount.

      2.  Expenses incurred for the purposes described in paragraphs (a) and (b) of subsection 1 must be paid in full and are not subject to the limitations expressed in NRS 281.160 or in the regulations of any state agency.

      3.  All money received by the commissioner pursuant to subsection 1 must be deposited in the state treasury for credit to the national association account of the [department] division of insurance, which is hereby created in the state general fund. Except as otherwise provide in subsection 2, all claims against the account must be paid as other claims against the state are paid.

      Sec. 1274.  NRS 680B.120 is hereby amended to read as follows:

      680B.120  1.  Any person from whom fees, charges or taxes imposed by this code have been erroneously collected may apply [to the commissioner] for refund at any time within 1 year after the date such fees, charges or taxes were originally required to be paid or within 30 days after the date of payment of any additional tax, charge or fee.

      2.  If the amount of taxes, charges or fees due are found [by the commissioner] to be less than the amount paid, either by examination of the return or by allowance of a claim for overpayment filed by the payer, then upon presentation of proper vouchers , [by the commissioner,] the state controller shall issue his warrants upon the appropriate fund and the state treasurer shall pay them out of the money credited to that fund.


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

ê1993 Statutes of Nevada, Page 1914 (Chapter 466, AB 782)ê

 

presentation of proper vouchers , [by the commissioner,] the state controller shall issue his warrants upon the appropriate fund and the state treasurer shall pay them out of the money credited to that fund.

      3.  Whenever such a refund is found to be due an insurer, the [commissioner,] executive director of the department of taxation, in lieu of preparing the proper vouchers for a cash refund, may authorize the insurer to credit the amount of the refund against the premium tax payable by it under NRS 680B.027 in the next following calendar year.

      4.  No cash refund may be made unless the amount to be so refunded is $10 or more.

      5.  Claims for refund pursuant to this section must be submitted:

      (a) In the case of refunds of taxes payable to the department of taxation, to the executive director of the department of taxation.

      (b) In the case of refunds of taxes, fees or charges payable to the commissioner, to the commissioner.

      Sec. 1275.  NRS 682B.040 is hereby amended to read as follows:

      682B.040  1.  Except as otherwise provided in NRS 682B.050 and 682B.055, deposits made in this state pursuant to this code must be made through the commissioner. The account for the [department] division of insurance is hereby created in the state agency fund for bonds. All money received by the commissioner must be deposited with the state treasurer to the credit of the account. All claims against the account must be paid as other claims against the state are paid.

      2.  The State of Nevada is responsible for the safekeeping of all securities or other assets deposited with the state treasurer through the commissioner pursuant to this code, and shall bear the costs of the depository.

      Sec. 1276.  NRS 683A.350 is hereby amended to read as follows:

      683A.350  1.  Every nonresident licensed by this state as an agent or broker pursuant to NRS 683A.340 shall appoint the commissioner in writing as his attorney upon whom may be served all legal process issued in connection with any action or proceeding brought or pending in this state against or involving the licensee and relating to transactions under his Nevada license. The appointment is irrevocable and continues in force for so long as any such action or proceeding may arise or exist. Duplicate copies of process must be served upon the commissioner or other person in apparent charge of the [department] division during the commissioner’s absence, accompanied by payment of the fee for service of process as specified in NRS 680B.010. Upon such service the commissioner shall promptly forward a copy of the process by certified mail with return receipt requested to the nonresident licensee at his business address last of record with the [department.] division. Process served and the copy thereof forwarded as provided in this subsection constitutes for all purposes personal service thereof upon the licensee.

      2.  Every such licensee shall likewise file with the commissioner his written agreement to appear before the commissioner pursuant to notice of hearing, show cause order or subpena issued by the commissioner and deposited, postage paid, by certified mail with the United States Postal Service, addressed to the licensee at his address last of record in the [department,] division, and that upon failure of the licensee so to appear the licensee thereby consents to any subsequent suspension, revocation or refusal of the commissioner to continue the licensee’s license.


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ê1993 Statutes of Nevada, Page 1915 (Chapter 466, AB 782)ê

 

consents to any subsequent suspension, revocation or refusal of the commissioner to continue the licensee’s license.

      Sec. 1277.  NRS 683A.450 is hereby amended to read as follows:

      683A.450  1.  In addition to any other authority conferred upon him by the provisions of this chapter, the commissioner may suspend for not more than 12 months, or may revoke, limit or refuse to continue any license issued pursuant to this chapter or any surplus lines broker’s license if, after notice to the licensee, each insurer the licensee represents as an agent or managing general agent and each person by whom the licensee is employed as a solicitor, and upon a hearing, unless the hearing is waived pursuant to NRS 683A.460, he finds that as to the licensee any one or more of the following causes exist:

      (a) For any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner.

      (b) For willful violation of or willful noncompliance with any applicable provision of this code, or for willful violation of any lawful rule, regulation or order of the commissioner.

      (c) For an intentional material misstatement in an application for a license or in connection therewith.

      (d) For obtaining or attempting to obtain any such license by fraud or willful misrepresentation.

      (e) For misappropriation or conversion to his own use, or illegal withholding, of money belonging to policyholders, insurers, beneficiaries or others and received in the conduct of business under the license.

      (f) For a material misrepresentation of the terms of any existing or proposed insurance contract.

      (g) If in the conduct of his affairs under the license the licensee has used fraudulent, coercive or dishonest practices, or has shown himself to be incompetent, untrustworthy, financially irresponsible or a source of injury and loss to the public.

      (h) For aiding, abetting or assisting another person to violate any of the provisions of this code.

      2.  The commissioner shall:

      (a) Revoke the license of any licensed resident agent or resident broker who establishes his residence in another state, 60 days after the establishment of such residence.

      (b) Immediately revoke the license of any licensee convicted by final judgment of a felony involving moral turpitude.

      3.  If a licensee changes his address without written notice to the commissioner, and the commissioner after diligent effort is unable to locate the licensee, the commissioner may revoke the license without a hearing. If the commissioner mails a letter by certified mail, with return receipt requested, addressed to the licensee at his address last of record with the [department,] division, and the letter is returned to the commissioner undelivered, such mailing shall be deemed an adequate effort by the commissioner to locate the licensee.

      4.  The license of a firm or corporation may be suspended, revoked or refused also for any of such causes as relate to any natural person designated in or registered as to the license to exercise its powers.


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ê1993 Statutes of Nevada, Page 1916 (Chapter 466, AB 782)ê

 

      5.  In addition to or in lieu of suspension, revocation or refusal to continue any such license for any of the causes specified in subsection 1, the commissioner may impose an administrative fine upon the licensee of not less than $25 or more than $500. The order levying the fine must specify the date, not less than 15 days or more than 30 days after the date of the order, before which the fine must be paid. Upon failure of the licensee to pay the fine when due, the commissioner shall immediately revoke the licenses of the licensee and the fine must be recovered in a civil action brought in behalf of the commissioner by the attorney general. The commissioner shall immediately deposit all such fines collected with the state treasurer.

      Sec. 1278.  NRS 683A.470 is hereby amended to read as follows:

      683A.470  1.  Upon suspension, limitation or revocation of any such license the commissioner shall forthwith notify the licensee thereof either in person or by mail addressed to the licensee at his address last of record in the [department.] division. Notice by mail shall be deemed effectuated when so mailed. The commissioner shall give like notice to the insurers represented, in the case of an agent or managing general agent license, and to the employer in the case of a solicitor license.

      2.  Suspension, limitation or revocation of the license of an agent or broker shall automatically revoke, limit or suspend the licenses of all solicitors employed by him.

      3.  The commissioner shall not again issue a license under this chapter to or as to any person whose license has been revoked, until after expiration of at least 1 year after such revocation has become final, and thereafter not until such person again qualifies therefor in accordance with the applicable provisions of this chapter. A person whose license has been revoked twice shall not again be eligible for any license under this code.

      4.  If the license of a firm or corporation is so suspended, limited or revoked, no member of such firm, or officer or director of such corporation, shall be licensed or be designated, in or as to any license, issued under this chapter, to exercise the powers thereof, during the period of such suspension or revocation, unless the commissioner determines upon substantial evidence that such member, officer or director was not personally at fault and did not knowingly aid, abet, assist or acquiesce in the matter on account of which the license was suspended or revoked.

      Sec. 1279.  NRS 684A.240 is hereby amended to read as follows:

      684A.240  1.  In addition to or in lieu of the suspension, revocation or refusal to renew any adjuster’s license for any of the causes referred to in NRS 684A.210, after hearing thereon or upon waiver of hearing by the licensee, the commissioner may levy upon the licensee an administrative fine in any amount not less than $25 nor more than $250.

      2.  In his order levying the fine the commissioner shall specify a period of not less than 15 days nor more than 30 days from the date of the order within which the fine must be paid in full.

      3.  If the fine is not paid when due, the commissioner shall revoke the license involved, if not already revoked, and the fine must be recovered in a civil action brought by the attorney general in the commissioner’s behalf.

      4.  All fines recovered pursuant to this section must be deposited with the state treasurer for credit to the state general fund.


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ê1993 Statutes of Nevada, Page 1917 (Chapter 466, AB 782)ê

 

      Sec. 1280.  NRS 685A.090 is hereby amended to read as follows:

      685A.090  Every insurance contract procured and delivered as a surplus lines coverage pursuant to this chapter must be countersigned by the broker who procured it, and must have conspicuously stamped upon it:

 

This insurance contract is issued pursuant to the Nevada insurance laws by an insurer neither licensed by nor under the supervision of the [Nevada department of insurance.] division of insurance of the department of business and industry of the State of Nevada. If the insurer is found insolvent, a claim under this contract is not covered by the Nevada Insurance Guaranty Association Act.

      Sec. 1281.  NRS 685B.120 is hereby amended to read as follows:

      685B.120  Any person who provides coverage in this state for the cost of:

      1.  Medical care;

      2.  Surgery;

      3.  Chiropractic;

      4.  Physical therapy;

      5.  Speech pathology;

      6.  Audiology;

      7.  Professional care of mental health;

      8.  Dental care;

      9.  Hospital care; or

      10.  Ophthalmic care,

whether the coverage provides for direct payment, reimbursement or any other method of payment, is subject to regulation by the [department] division and to the provisions of this code unless he shows that while providing such coverage he is subject to regulation by the Federal Government.

      Sec. 1282.  NRS 686A.350 is hereby amended to read as follows:

      686A.350  1.  A license to engage in the business of a company is not required of any:

      (a) State or federally chartered building association or savings and loan association.

      (b) State or federally chartered bank.

      (c) State or federally chartered credit union.

      (d) Thrift company licensed pursuant to chapter 677 of NRS.

      (e) Insurance agent financing his own accounts.

      (f) Insurer authorized to do business in this state financing its own policies or those of an affiliated company.

      (g) Business, in addition to those included in paragraphs (a) to (d), inclusive, which is licensed and regulated by the division of financial institutions of the department of [commerce.] business and industry.

      2.  The provisions of NRS 686A.330 to 686A.520, inclusive, other than those which concern licensing, apply to persons exempt from licensing pursuant to subsection 1.

      Sec. 1283.  NRS 686B.290 is hereby amended to read as follows:

      686B.290  1.  At the time the association files a notice of intent to qualify as a domestic stock insurer, it must give notice of its intent to all participating insurers and all insureds in a form approved by the commissioner. The notice to each insured must state the total amount of stock to be issued and the amount of shares to which he is entitled.


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ê1993 Statutes of Nevada, Page 1918 (Chapter 466, AB 782)ê

 

to each insured must state the total amount of stock to be issued and the amount of shares to which he is entitled.

      2.  Any participating insurer or insured may, within 30 days after the date of the notice, apply to the [department] division for a hearing concerning the association’s ability to qualify as a domestic insurer, the valuation of capital and surplus or the proposed number and distribution of shares of stock.

      Sec. 1284.  NRS 687B.410 is hereby amended to read as follows:

      687B.410  1.  An insurer which intends to withdraw from providing insurance for a particular class of insureds shall notify the commissioner of that intention at least 60 days before the notice of cancellation or nonrenewal is delivered or mailed to the insureds.

      2.  Upon receipt of a written request from an insured, the [department] division shall, within 15 days after the receipt of the request, review the ground for cancellation or nonrenewal. If after the review the [department] division fails to find that the insurer can demonstrate the grounds for cancellation or nonrenewal by clear and convincing evidence, the cancellation or nonrenewal shall be deemed withdrawn by the insurer and the policy reinstated or renewed. Such a request for review by the [department] division must be made within 30 days after the insured receives the notice of cancellation or nonrenewal.

      Sec. 1285.  NRS 689A.046 is hereby amended to read as follows:

      689A.046  1.  The benefits provided by a policy for health insurance for treatment of the abuse of alcohol or drugs must consist of:

      (a) Treatment for withdrawal from the physiological effect of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

      (b) Treatment for a patient admitted to a facility, with a maximum benefit of $9,000 per calendar year.

      (c) Counseling for a person, group or family who is not admitted to a facility, with a maximum benefit of $2,500 per calendar year.

      2.  The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in any:

      (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of [human resources.] employment, training and rehabilitation.

      (b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.

      Sec. 1286.  NRS 689B.036 is hereby amended to read as follows:

      689B.036  1.  The benefits provided by a group policy for health insurance, as required in subsection 5 of NRS 689B.030, for treatment of the abuse of alcohol or drugs must consist of:

      (a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.


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ê1993 Statutes of Nevada, Page 1919 (Chapter 466, AB 782)ê

 

      (b) Treatment for a patient admitted to a facility, with a maximum benefit of $9,000 per calendar year.

      (c) Counseling for a person, group or family who is not admitted to a facility, with a maximum benefit of $2,500 per calendar year.

      2.  The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in any:

      (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of [human resources.] employment, training and rehabilitation.

      (b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.

      Sec. 1287.  NRS 690A.170 is hereby amended to read as follows:

      690A.170  1.  Every insurer transacting a business of credit insurance in this state shall:

      (a) Conduct an annual audit of all payments for claims made on its behalf by an administrator, claim representative or group policyholder.

      (b) Conduct a review of each of its accounts for creditors with respect to the business of credit insurance of the creditor to ensure compliance with this code and the regulations adopted pursuant to it. The initial review must be conducted not later than 18 months after July 1, 1987, or the date of the initial credit transaction between the creditor and the insurer, whichever is later. After the initial review, the review must be conducted every 24 months.

      2.  The audit or review must include, where applicable, a determination that:

      (a) The proper charges to debtors for premiums are made by the creditor and remitted in a timely manner to the insurer.

      (b) The refunds are being calculated accurately and paid promptly by the creditor.

      (c) All claims and inquiries concerning claims are filed promptly and handled properly.

      (d) Amounts of insurance payable on death, in excess of the amounts necessary to extinguish the indebtedness, are properly calculated and reported to the secondary beneficiary of the policy.

      (e) The creditor is promptly and fairly processing complaints concerning its business of credit insurance and is maintaining proper procedures for and records of the complaints processed.

      3.  The insurer shall retain the written results of the audit or review at its home office for at least 7 years after the date of their completion by the insurer.

      4.  The cost of the audit or review must be paid by the insurer and is not chargeable against any creditor, producer or other entity.


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ê1993 Statutes of Nevada, Page 1920 (Chapter 466, AB 782)ê

 

      5.  In addition to any other authority granted to the commissioner pursuant to chapter 679B of NRS, if the commissioner determines that an audit or review required pursuant to this section is not being conducted or that there is reason to believe that the audit or review is not complete or is in some manner deficient, he may cause an audit or review to be conducted by the [department] division or by an independent auditor. The cost of this audit or review must be paid by the insurer.

      Sec. 1288.  NRS 690A.240 is hereby amended to read as follows:

      690A.240  1.  The payment of compensation to a producer in excess of 40 percent of the net charge for premiums is prima facie a violation of the maximum allowable rates as prescribed in NRS 690A.200, 690A.210 and 690A.220.

      2.  Any insurer who pays or proposes to pay, directly or indirectly, compensation to a producer that totals more than 40 percent of the net charge for premiums for any policy or certificate shall submit credible statistics annually to the [department] division to confirm that the rates for the premiums used by the insurer produce a ratio of incurred losses to premium earned of not less than 50 percent. If the insurer cannot prove that ratio to the satisfaction of the commissioner with annual statistical information, the commissioner shall withdraw approval of the insurer’s schedule of rates, forms or both the schedule and the forms.

      3.  The commissioner may examine any agreement relating to the direct or indirect payment of primary or contingent compensation to a producer to determine whether any person is paying or receiving any form of compensation in violation of this section.

      4.  As used in this section, “net charge for premiums” means the amount of gross premiums received for credit insurance written, less any refund.

      Sec. 1289.  NRS 692A.100 is hereby amended to read as follows:

      692A.100  1.  The commissioner shall provide by regulation for the licensing of title agents, their branch offices, direct writing title insurers and escrow officers.

      2.  Each title agent shall maintain his books of account and record and his vouchers pertaining to title insurance business in a manner which permits the commissioner or his representative to ascertain readily whether the agent has complied with the provisions of this chapter.

      3.  A title agent or escrow officer may engage in the business of handling escrows, settlements and closings if he maintains a separate record of all receipts and disbursements of money held in escrow and does not commingle that money with his own.

      4.  For the purpose of determining its financial condition, fulfillment of its contractual obligations and compliance with law, the commissioner or his representative or the commissioner of financial institutions of the department of [commerce] business and industry or his representative when requested by the commissioner of insurance shall each year examine or cause to be examined the affairs, transactions, agreements, assets, records and accounts, including the escrow accounts, of a title agent, title insurer or escrow officer.

      5.  A title insurer may engage a certified public accountant to perform such an examination in lieu of the commissioner. In such a case, the examination must be equivalent to the type of examination made by the commissioner and the expense must be borne by the title insurer being examined.


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

ê1993 Statutes of Nevada, Page 1921 (Chapter 466, AB 782)ê

 

must be equivalent to the type of examination made by the commissioner and the expense must be borne by the title insurer being examined.

      6.  The commissioner shall determine whether an examination performed by an accountant pursuant to subsection 5 is equivalent to an examination conducted by him. The commissioner may examine any area of the operation of a title insurer if the commissioner determines that the examination of that area is not equivalent to an examination conducted by him.

      7.  A person shall not become licensed to circumvent the provisions of this chapter or any other law of this state.

      Sec. 1290.  NRS 692A.113 is hereby amended to read as follows:

      692A.113  1.  A title agent or title insurer shall notify the [department] division in writing within 10 days after any change in the name or the location of the business of the agent or insurer or any change of association by the holder of a license as an escrow officer. Upon the surrender of the existing license and payment of the required fee, the [department] division shall issue a new license to the agent or insurer for the unexpired term of the license.

      2.  An escrow officer who transfers his association must apply to the [department] division for the reissuance of his license. The [department] division shall reissue the license for the unexpired term upon application and payment of the required fee if:

      (a) The transfer is into an association with a licensed title agent or title insurer; and

      (b) The agent or insurer certifies that the escrow officer is employed or will be employed by the agent or insurer.

      3.  Failure to give notice as required by this section constitutes cause for the imposition of a fine not to exceed $500 against the licensee or the suspension or revocation of his license.

      Sec. 1291.  NRS 692A.117 is hereby amended to read as follows:

      692A.117  1.  The commissioner shall classify as confidential the financial statements of a title agent, escrow officer and title insurer and those records and information obtained by the [department] division which:

      (a) Are obtained from a governmental agency upon the express condition that they remain confidential.

      (b) Consist of information compiled by the [department] division in the investigation of possible violations of this chapter. This paragraph does not limit examination by the legislative auditor or any other person pursuant to a court order.

      2.  The contents of the file for an escrow are confidential and, subject to the rights to discover the contents by subpena or other lawful process, must not be disclosed without the express written consent of one party of the escrow other than the holder of the escrow.

      Sec. 1292.  NRS 690A.260 is hereby amended to read as follows:

      690A.260  Each title insurer and title agent shall keep at all times in his principal place of business or branch office complete and suitable records of all escrow transactions made by him, together with books, papers and data clearly reflecting the financial condition of his business. Each title insurer and title agent shall, at the times required by the commissioner, make and file with the [department] division a correct statement of his business in the form and containing the data the commissioner may require.


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

ê1993 Statutes of Nevada, Page 1922 (Chapter 466, AB 782)ê

 

      Sec. 1293.  NRS 695B.194 is hereby amended to read as follows:

      695B.194  1.  The annual benefits provided by a policy for group health insurance issued by a medical service corporation, as required by subsection 8 of NRS 695B.180, for treatment of the abuse of alcohol or drugs must consist of:

      (a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

      (b) Treatment for a patient admitted to a facility, with a maximum benefit of $9,000 per calendar year.

      (c) Counseling for a person, group or family who is not admitted to a facility, with a maximum benefit of $2,500 per calendar year.

      2.  The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in any:

      (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of [human resources.] employment, training and rehabilitation.

      (b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.

      Sec. 1294.  NRS 695C.174 is hereby amended to read as follows:

      695C.174  1.  The benefits provided by health maintenance plans for treatment of the abuse of alcohol or drugs as required by subparagraph (5) of paragraph (b) of subsection 3 of NRS 695C.170, must consist of:

      (a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

      (b) Treatment for a patient admitted to a facility, with a maximum benefit of $9,000 per calendar year.

      (c) Counseling for a person, group or family who is not admitted to a facility, with a maximum benefit of $2,500 per calendar year.

      2.  The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in any:

      (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of [human resources.] employment, training and rehabilitation.

      (b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.


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

ê1993 Statutes of Nevada, Page 1923 (Chapter 466, AB 782)ê

 

      Sec. 1295.  NRS 695C.230 is hereby amended to read as follows:

      695C.230  1.  Every health maintenance organization subject to this chapter shall pay to the commissioner the following fees:

      (a) For filing an application for a certificate of authority, $2,450.

      (b) For issuance of a certificate of authority, $250.

      (c) For an amendment to a certificate of authority, $100.

      (d) For the renewal of a certificate of authority, $2,450.

      (e) For filing each annual report, $25.

      2.  At the time of filing the annual report the health maintenance organization shall forward to the [commissioner] department of taxation the tax and any penalty for nonpayment or delinquent payment of the tax in accordance with the provisions of chapter 680B of NRS.

      3.  All fees paid pursuant to this section shall be deemed earned when paid and may not be refunded.

      Sec. 1296.  NRS 695D.260 is hereby amended to read as follows:

      695D.260  1.  Every organization for dental care shall file with the commissioner on or before March 1 of each year a report covering its activities for the preceding calendar year. The report must be verified by at least two officers of the organization.

      2.  The report must be on a form prescribed by the commissioner and must include:

      (a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding calendar year.

      (b) Any material changes in the information given in the previous report.

      (c) The number of members enrolled in that year, the number of members whose coverage has been terminated in that year and the total number of members at the end of the year.

      (d) The costs of all goods, services and dental care provided that year.

      (e) Any other information relating to the plan for dental care requested by the commissioner.

      3.  Every organization for dental care shall file with the commissioner on or before June 1 of each year a financial statement of the organization certified by an independent public accountant.

      4.  If an organization fails to file timely the report or financial statement required by this section, it shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000. The attorney general shall recover the penalty in the name of the State of Nevada.

      5.  The commissioner may grant a reasonable extension of time for filing the report or financial statement required by this section, if the request for an extension is submitted in writing and shows good cause.

      6.  The organization shall pay the [commissioner] department of taxation the annual tax, any penalty for nonpayment or delinquent payment of the tax imposed in chapter 680B of NRS , and a filing fee of $25 to the commissioner, at the time the annual report is filed.

      Sec. 1297.  NRS 695F.330 is hereby amended to read as follows:

      695F.330  At the time of filing the annual report pursuant to NRS 695F.320 the prepaid limited health service organization shall forward to the [commissioner] department of taxation the tax and any penalty for nonpayment or delinquent payment of the tax in accordance with the provisions of chapter 680B of NRS.


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ê1993 Statutes of Nevada, Page 1924 (Chapter 466, AB 782)ê

 

[commissioner] department of taxation the tax and any penalty for nonpayment or delinquent payment of the tax in accordance with the provisions of chapter 680B of NRS.

      Sec. 1298.  NRS 696B.520 is hereby amended to read as follows:

      696B.520  1.  The commissioner may apply for and any district court may grant such restraining orders, temporary and permanent injunctions and other orders as may be deemed necessary to enforce the commissioner’s order.

      2.  A violation of any order of the commissioner issued under NRS 696B.500 by any person as to whom the order is in effect subjects the person to a penalty of not more than $10,000, to be collected in a civil action brought by the attorney general in the name of the State of Nevada. The attorney general shall deposit all money so collected in the state treasury for credit to the [department of insurance’s regulatory account.] state general fund.

      Sec. 1299.  NRS 696B.550 is hereby amended to read as follows:

      686B.550  1.  The commissioner shall hold all hearings in summary proceedings privately unless the insurer requests a public hearing, in which case the hearing must be public.

      2.  The court may hold all hearings in summary proceedings and judicial reviews thereof privately in chambers, and shall do so on request of the insurer proceeded against.

      3.  In all summary proceedings and judicial reviews thereof, all records of the insurer, other documents and all [department] division files and court records and papers, so far as they pertain to or are part of the record of the summary proceedings, are confidential except as necessary to obtain compliance therewith, unless the court after hearing arguments by the parties in chambers, orders otherwise, or unless the insurer requests that the matter be made public. Until the court otherwise orders, all papers filed with the clerk of the court must be held by him in a confidential file.

      4.  If at any time it appears to the court that any person whose interest is or will be substantially affected by an order did not appear at the hearing and has not been served, the court may order that notice be given and the proceedings be adjourned to give the person an opportunity to appear, on such terms as may be reasonable and just.

      Sec. 1300.  NRS 703.120 is hereby amended to read as follows:

      703.120  1.  The commission shall keep its principal office at Carson City, Nevada, in rooms provided by the buildings and grounds division of the department of [general services] administration and may maintain another office in Las Vegas, Nevada.

      2.  If an office is so maintained in Las Vegas, any document which is required to be filed with the commission may be filed at its office in Las Vegas with the same effect as if it were filed at the office in Carson City.

      Sec. 1301.  NRS 703.200 is hereby amended to read as follows:

      703.200  Except in cases of emergency, all the necessary printing of the commission must be done by the state printing and micrographics division of the department of [general services.] administration. The superintendent of that division shall have such printing done as expeditiously as possible.


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ê1993 Statutes of Nevada, Page 1925 (Chapter 466, AB 782)ê

 

      Sec. 1302.  NRS 704.920 is hereby amended to read as follows:

      704.920  1.  The provisions of NRS 704.920 to 704.960, inclusive, apply to company towns, utilities which provide services to company towns, and persons who own and operate company towns.

      2.  The commission shall require a public utility which provides service to a mobile home park or to a company town, or an independent person who is qualified, to conduct examinations to examine and test the lines and equipment for distributing electricity and gas within the park or town at the request of the manufactured housing division of the department of [commerce] business and industry or a city or county which has responsibility for the enforcement of the provisions of chapter 461A of NRS. The utility, the person selected to conduct the examination and the commission may enter a mobile home park or company town at reasonable times to examine and test the lines and equipment, whether or not they are owned by a utility.

      3.  The utility or the person selected to conduct the examination shall conduct the examination and testing to determine whether any line or equipment is unsafe for service under the safety standards adopted by the commission for the maintenance, use and operation of lines and equipment for distributing electricity and gas, and shall report the results of the examination and testing to the commission.

      4.  The owner of the mobile home park or company town shall pay for the costs of the examination and testing.

      5.  If the landlord of a mobile home park or owner of a company town refuses to allow the examination and testing to be made as provided in this section, the commission shall deem the unexamined lines and equipment to be unsafe for service.

      6.  If the commission finds:

      (a) Or deems any lines or equipment within a mobile home park or company town to be unsafe for service, it shall take appropriate action to protect the safety of the residents of the park or town.

      (b) Such lines or equipment to be unsafe for service or otherwise not in compliance with its safety standards, it may, after a hearing, order the landlord or owner to repair or replace such lines and equipment. For this purpose he may expend some or all of the money in his account for service charges for utilities, which he is required to keep under NRS 704.940.

      Sec. 1303.  NRS 705.190 is hereby amended to read as follows:

      705.190  1.  Every owner or operator of a railroad in this state who [shall injure or kill] injures or kills any livestock of any description by the running of [any engine or engines, car or cars,] an engine or car over or against [any such] the livestock shall:

      (a) Within 5 days thereafter post for a period of at least 30 days, at the first railroad station in each direction from the place of [such] the injury or killing, notices in writing in some conspicuous place on the outside of [such] the stations; and

      (b) Within 10 days after [such] the injury or killing of [any such] the livestock , forward by registered or certified mail a duplicate of each [such] notice to the [state department of agriculture.] division of agriculture of the department of business and industry.

      2.  The notice or notices [shall:] must:


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ê1993 Statutes of Nevada, Page 1926 (Chapter 466, AB 782)ê

 

      (a) Contain the number and kind of the animals so injured or killed, with a full description of the [same,] animals, including brands and marks and sex.

      (b) Give the time and place, as near as possible, of [such] the injury or killing.

      (c) Be dated and signed by [some] an officer or agent of [such] the owner or operator of the railroad concerned.

      Sec. 1304.  NRS 706.882 is hereby amended to read as follows:

      706.882  1.  The [governor] director of the department of business and industry shall appoint a taxicab administrator from a list of three names submitted to him by the taxicab authority. The administrator serves at the pleasure of the [governor.] director. The administrator is in the unclassified service of the state.

      2.  The taxicab authority may remove the administrator for good cause shown.

      3.  The taxicab administrator 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. 1305.  NRS 707.360 is hereby amended to read as follows:

      707.360  1.  The rehabilitation division of the department of [human resources] employment, training and rehabilitation shall develop and administer a program whereby:

      (a) Any person who is a customer of a telephone company which provides service through a local exchange and who is certified by the division to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service; and

      (b) Any person who is deaf or has severely impaired speech or hearing may communicate by telephone with other persons through a dual-party relay system.

The program must be approved by the public service commission of Nevada.

      2.  A surcharge is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this state which is sufficient to cover the costs of the program. The commission shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the commission pursuant to regulations adopted by the commission.

      3.  The account for telecommunication and relay services for persons with impaired speech or hearing is hereby created within the state general fund and must be administered by the division. Any money collected from the surcharge imposed pursuant to subsection 2 must be deposited in the state treasury for credit to the account. The money in the account may be used only:

      (a) For the purchase, maintenance, repair and distribution of the devices for telecommunication, including the distribution of devices to state agencies and nonprofit organizations;

      (b) To establish and maintain the dual-party relay system;

      (c) To reimburse telephone companies for the expenses incurred in collecting and transferring to the commission the surcharge imposed by the commission;


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ê1993 Statutes of Nevada, Page 1927 (Chapter 466, AB 782)ê

 

      (d) For the general administration of the program; and

      (e) To train persons in the use of the devices.

      4.  For the purposes of this section:

      (a) “Device for telecommunication” means a device which has a keyboard used to send messages by telephone, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.

      (b) “Dual-party relay system” means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay communications through third parties to persons who do not have access to such devices.

      Sec. 1306.  NRS 232.151, 232.152, 232.153, 232.155, 232.1555, 232.156, 232.157, 232.160, 232.170, 232.180, 232.190, 232.210, 232.360, 232.370, 232.380, 232.390, 232.560, 232.640, 233D.020, 233D.030, 233D.055, 233D.060, 233D.070, 233F.090, 233F.100, 233F.200, 233F.210, 233F.230, 233F.240, 233F.250, 233F.280, 242.021, 242.121, 321.420, 321.430, 321.440, 380A.051, 380A.091, 381.180, 381.260, 381A.025, 382.090, 383.051, 383.055, 383.061, 383.071, 383.115, 383.116, 383.117, 383.118, 407.017, 407.025, 407.027, 407.033, 407.035, 414.034, 426.035, 452.380, 472.030, 481.270, 481.272, 481.274, 481.276, 481.278, 481.280, 481.282, 481.284, 501.029, 504.385, 512.110, 513.095, 523.031, 552.0856, 552.0859, 561.175, 561.194, 586.085, 587.029, 588.075, 612.160, 612.205, 612.325, 615.025, 616.051, 616.052, 618.055, 618.065, 679A.065, 684A.244, 684A.246 and 689.710 are hereby repealed.

      Sec. 1307.  The department of taxation and the commissioner of insurance shall enter into an interagency agreement to facilitate the transfer of the responsibility for the collection of the tax imposed pursuant to NRS 680B.027 and all related taxes with respect to which responsibility for collection has been transferred from the commissioner to the department pursuant to this act. The agreement must include, without limitation, provisions which address:

      1.  The exchange of books and records between the agencies as necessary; and

      2.  The allocation of costs between the agencies for services performed interdepartmentally.

      Sec. 1308.  1.  If the authority to appoint an officer or a member of a board, commission or similar body is transferred pursuant to the provisions of this act to another appointing authority, the officer or member remains in the office:

      (a) If he serves a definite term of office, for the duration of that term unless removed before that date in the manner authorized by law.

      (b) If he serves at the pleasure of the appointing authority, until replaced by the new appointing authority.

      2.  Any regulations adopted by an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations is transferred. Such regulations may be enforced by the officer or agency to which the responsibility for the enforcement of the regulations is transferred.


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ê1993 Statutes of Nevada, Page 1928 (Chapter 466, AB 782)ê

 

agency to which the responsibility for the enforcement of the regulations is transferred.

      3.  Any contracts or other agreements entered into by an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement is transferred. Such contracts or other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement is transferred.

      Sec. 1309.  The officers and agencies of this state whose responsibilities have been transferred pursuant to the provisions of this act shall cooperate fully and take all reasonable steps before October 1, 1993, to ensure that the provisions of this act are carried out in an orderly fashion.

      Sec. 1310.  On October 1, 1993, the state controller shall transfer from the general services communications fund abolished pursuant to section 244 of this act:

      1.  To the department of information services’ telecommunications fund created pursuant to section 190 of this act, all assets and liabilities attributable to telecommunications services.

      2.  To the department of administration’s communications fund created pursuant to section 244 of this act, all of the remaining assets and liabilities.

      Sec. 1311.  Except as otherwise specifically provided in this act:

      1.  If the name of a fund or account is changed pursuant to the provisions of this act, the state controller shall change the designation of the name of the fund or account without making any transfer of the money in the fund or account.

      2.  The assets and liabilities of such a fund or account are unaffected by the change of the name.

      Sec. 1312.  1.  This act becomes effective upon passage and approval for the purpose of authorizing any preliminary activities necessary to ensure that the provisions of this act are carried out in an orderly fashion and on October 1, 1993, for all other purposes.

      2.  Sections 281 to 287, inclusive, of this act expire by limitation on July 1, 1995.

      Sec. 1313.  1.  The legislative counsel shall, in preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section which is not amended by this act or is adopted or amended by another act, change any reference to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer or agency. If any internal reference is made to a section repealed by this act, the legislative counsel shall delete the reference and replace it by reference to the superseding section, if any.

      2.  Any reference in a bill or resolution passed by the 67th session of the Nevada legislature to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency shall be deemed to refer to the officer or agency to which the responsibility is transferred.


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ê1993 Statutes of Nevada, Page 1929 (Chapter 466, AB 782)ê

 

responsibilities have been transferred pursuant to the provisions of this act to another officer or agency shall be deemed to refer to the officer or agency to which the responsibility is transferred.

 

________

 

 

CHAPTER 467, SB 571

Senate Bill No. 571—Committee on Finance

CHAPTER 467

AN ACT relating to state employees; establishing the maximum allowed salaries for employees in the unclassified service of the state; establishing the maximum allowed salaries for certain other employees in the classified service of the state; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  In addition to the maximum annual salaries of employees in the unclassified service of the State of Nevada established in chapter 495, Statutes of Nevada 1991, the following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their respective titles or positions:

 

                                                                                                                  Approximate

        Title or Position                                                                                     Annual

                                                                                                                       Salary

 

1.  Office of the attorney general:

       (a)       Telemarketing fraud unit:

                   Senior deputy attorney general .......................................        $64,755

                   Deputy attorney general (each) .......................................          57,439

                   Investigator (each) .............................................................          38,657

                   Legal researcher .................................................................          26,317

       (b)       Workers’ compensation fraud unit:

                   Senior deputy attorney general .......................................        $64,755

                   Deputy attorney general (each) .......................................          57,439

                   Chief workers’ compensation fraud investigator ..........          46,577

                   Senior workers’ compensation fraud investigator (each)                  ......................................................................................... 40,752

                   Investigator (each) .............................................................          38,657

2.  Other positions:

                   Hearing officer, department of administration (each) ...        $44,538

                   Technology advisor ..........................................................          75,000

                   Executive director, commission for hospital patients ...          33,427

                   Administrative secretary, lieutenant governor’s office .................... ......................................................................................... 24,898

                   Deputy state treasurer, cash management .....................          52,416

                   Executive director, athletic commission ..........................          53,000

      Sec. 2.  The following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:

 


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ê1993 Statutes of Nevada, Page 1930 (Chapter 467, SB 571)ê

 

more than the approximate maximum amounts set forth following their specified titles or positions:

 

                                                                                                                  Approximate

        Title or Position                                                                                     Annual

                                                                                                                       Salary

 

1.  Office of the governor:

                   Executive assistant ............................................................        $60,715

                   Executive assistant. ...........................................................          57,002

                   Executive assistant ............................................................          51,214

                   Employee relations officer ................................................          45,974

                   Regulatory analyst .............................................................          54,810

                   Executive assistant ............................................................          42,478

                   Executive assistant ............................................................          40,076

                   Executive assistant ............................................................          38,535

                   Administrative assistant ...................................................          37,237

                   Secretary to governor ........................................................          32,777

                   Administrative secretary (each) .......................................          25,897

2.  Office of the lieutenant governor:

                   Assistant to the lieutenant governor (each) ..................        $35,000

                   Administrative secretary (each) .......................................          24,898

3.  Office of the secretary of state:

                   Chief deputy .......................................................................        $50,000

                   Coordinator, corporate filing ............................................          36,036

                   Chief, annual list division .................................................          36,000

                   Deputy secretary of state, securities ..............................          54,818

                   Deputy secretary of state, elections ...............................          38,220

4.  Office of the state treasurer:

                   Chief deputy state treasurer .............................................        $55,583

                   Deputy state treasurer, operations ..................................          44,990

                   Deputy state treasurer, investments ...............................          52,416

                   Deputy state treasurer, cash management .....................          52,416

5.  Office of controller:

                   Chief deputy controller .....................................................        $60,278

                   Assistant controller ...........................................................          43,571

6.  Office of the attorney general:

       (a)       Attorney general’s office:

                   Assistant attorney general ...............................................        $77,463

                   Solicitor general ..................................................................          74,365

                   Chief deputy attorney general - Las Vegas ....................          74,365

                   Chief deputy attorney general (each) .............................          71,267

                   Senior deputy attorney general (each) ...........................          64,755

                   Deputy attorney general (each) .......................................          57,439

                   Chief investigator ...............................................................          43,500

                   Investigator (each) .............................................................          38,657

                   Administrative assistant ...................................................          36,253

                   Supervisor, office services ...............................................          43,500

                   Legal researcher (each) .....................................................          26,317


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ê1993 Statutes of Nevada, Page 1931 (Chapter 467, SB 571)ê

 

                   Capital case coordinator ...................................................          57,439

                   Supervising insurance fraud investigator ......................          40,752

                   Insurance investigator (each) ..........................................          38.657

                   Chief workers’ compensation fraud investigator ..........          46,577

                   Senior workers’ compensation fraud investigator (each)                  ......................................................................................... 40,752

       (b)       Office of advocate for customers of public utilities:

                   Consumer’s advocate ........................................................        $69,000

                   Staff counsel .......................................................................          67,000

                   Economist ............................................................................          57,548

                   Senior regulatory analyst ..................................................          56,019

                   Administrative assistant ...................................................          31,013

                   Assistant staff counsel .....................................................          51,500

                   Regulatory analyst .............................................................          48,048

                   Engineer ...............................................................................          54,054

       (c)       Crime prevention:

                   Crime prevention coordinator ..........................................        $29,921

7.  Department of administration:

                   Director ................................................................................        $80,950

                   Deputy budget administrator ...........................................          60,278

                   Chief assistant budget administrator ..............................          50,996

                   Senior appeals officer ........................................................          71,267

                   Appeals officer, hearings (each) ......................................          64,755

                   Hearing officer (each) ........................................................          44,538

                   Chief assistant, planning ..................................................          50,996

                   Director, Clear Creek ..........................................................          33,525

                   Chief, internal audit ............................................................          60,000

                   Risk manager .......................................................................          64,755

                   Administrator, motor pool ................................................          47,502

                   Manager, public works board ..........................................          74,873

                   Deputy manager, public works board .............................          60,606

                   Deputy manager, public works board .............................          56,396

8.  Department of business and industry:

                   Director ................................................................................        $80,950

                   Deputy director, business and industry .........................          45,974

                   Commissioner of financial institutions ...........................          60,655

                   Deputy commissioner, financial institutions (each) .....          51,214

                   Certified public accountant, financial institutions ........          44,444

                   Administrator, manufactured housing ............................          45,974

                   Administrator, real estate ..................................................          45,974

                   Deputy administrator, real estate .....................................          38,002

                   Administrator, unclaimed property .................................          45,536

                   Chief, consumer services ..................................................          68,897

                   Commissioner, consumer affairs ......................................          46,100

                   Administrator, housing .....................................................          57,767

                   Deputy administrator, housing ........................................          45,974

                   Chief assistant, housing ...................................................          37,128

                   Chief accountant, housing ...............................................          45,974

                   Commissioner, insurance ..................................................          69,997

                   Deputy commissioner, insurance (each) ........................          49,468


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ê1993 Statutes of Nevada, Page 1932 (Chapter 467, SB 571)ê

 

                   Consumer advocate, insurance ........................................          45,000

                   Administrator, office for hospital patients .....................          33,427

                   Taxicab administrator ........................................................          49,877

                   Deputy taxicab administrator ...........................................          47,383

                   Administrator, industrial relations ...................................          61,370

                   Assistant administrator, industrial relations ..................          58,422

                   Attorney, industrial relations ...........................................          54,382

                   Assistant administrator, industrial insurance regulation                   ......................................................................................... 56,566

                   Assistant administrator, industrial safety and health enforcement ......................................................................................... 53,180

                   Assistant administrator, preventative safety ................          53,180

                   Assistant administrator, mine inspection .......................          50,000

                   Attorney for injured workers ............................................          64,755

                   Deputy attorney for injured workers ...............................          59,623

                   Deputy attorney for injured workers (each) ...................          57,440

                   Deputy attorney for injured workers (each) ...................          49,686

                   Director, rural housing ......................................................          43,680

                   Administrator, minerals .....................................................          65,000

                   Deputy administrator, minerals ........................................          52,000

                   Chief, Las Vegas office, minerals .....................................          37,500

                   Program assistant, minerals ..............................................          25,480

                   Chief for dangerous mines ................................................          42,581

                   Chief for (mine) regulation ................................................          42,581

                   Field specialist, minerals ...................................................          38,220

                   Executive director, state dairy commission ....................          50,996

                   Administrator, agriculture .................................................          60,000

                   Chief, agriculture, brand inspection ................................          44,000

                   Chief, agriculture, veterinary services ............................          72,000

                   Chief, agriculture, plant industry .....................................          58,684

                   Labor commissioner ...........................................................          47,284

                   Deputy labor commissioner ..............................................          31,122

                   Chief assistant labor commissioner .................................          26,535

                   Executive director, athletic commission ..........................          53,000

9.  State department of conservation and natural resources:

                   Director ................................................................................        $80,950

                   Administrator, environmental protection .......................          75,000

                   State engineer (water resources) .....................................          75,000

                   State forester firewarden ...................................................          65,000

                   Administrator, state parks ................................................          57,000

                   Administrator, state lands ................................................          52,000

                   District supervisor, water commissioners, water resources               ......................................................................................... 45,000

                   Executive director, wild horse commission ....................          36,473

                   Executive director, nuclear projects ................................          56,413

                   Chief, technical programs, nuclear projects ...................          51,324

                   Chief of planning, nuclear projects .................................          48,594

                   Planner, nuclear projects ...................................................          43,244

                   Planner/researcher, nuclear projects ...............................          40,732

                   Technical coordinator, nuclear projects .........................          43,244


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ê1993 Statutes of Nevada, Page 1933 (Chapter 467, SB 571)ê

 

                   Administrator, water planning .........................................          58,478

                   Administrator, wildlife .......................................................          58,204

                   Deputy administrator, wildlife ..........................................          55,801

10.  Commission on economic development:

                   Executive director ...............................................................        $66,393

                   Deputy director ..................................................................          54,491

                   Senior associate, industrial development (each) ...........          48,048

                   Supervisor, grant projects (each) ....................................          45,866

                   Grant project analyst (each)..............................................          36,691

                   Chief associate, small business .......................................          40,186

                   Associate, small business (each) ....................................          36,691

                   Director, film ........................................................................          54,191

                   Senior associate, film .........................................................          48,048

                   Associate, film (each) ........................................................          42,260

11.  Department of education:

                   Superintendent of public instruction ..............................        $80,950

                   Deputy superintendent of instruction, research and evaluative services .........................................................................................          64,897

                   Deputy superintendent for administrative and fiscal services          ......................................................................................... 61,807

12.  Department of employment, training and rehabilitation:

                   Director, employment, training and rehabilitation .........        $80,950

                   Chief, alcohol and drug abuse .........................................          53,399

                   Chief, services to the blind ...............................................          53,399

                   Chief, vocational rehabilitation ........................................          53,399

                   Administrator, employment security ...............................          63,991

                   Director, state job training office .....................................          50,000

                   Drug program coordinator ................................................          44,772

                   Executive director, equal rights commission ..................          53,290

                   Director, state occupational information coordinating committee    ......................................................................................... 42,916

                   Chairman, committee to hire the handicapped ...............          44,742

13.  State gaming control board:

                   Chairman, gaming control board ......................................        $85,613

                   Member, gaming control board (each) ............................          79,607

                   Chief, investigation ............................................................          59,514

                   Chief, enforcement .............................................................          59,514

                   Chief, audit ..........................................................................          59,514

                   Chief, corporate securities ................................................          59,514

                   Chief, tax and license .........................................................          59,514

                   Chief, administration ..........................................................          59,514

                   Chief deputy, administration ............................................          54,354

                   Executive secretary, gaming commission .......................          54,054

                   Manager, electronics lab ...................................................          56,347

                   Chief electronics .................................................................          59,514

                   Electronics engineer (each) ..............................................          56,347

                   Industrial production engineer ........................................          48,846

                   Digital circuits engineer ....................................................          48,846

                   Coordinator, applicant services .......................................          52,525


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ê1993 Statutes of Nevada, Page 1934 (Chapter 467, SB 571)ê

 

                   Chief deputy, enforcement (each) ...................................          54,054

                   Chief deputy, audit (each) ................................................          54,054

                   Chief deputy, investigations (each) ................................          54,054

                   Senior programmer analyst (each) ...................................          45,823

                   Hearings officer ..................................................................          48,880

                   Administrative coordinator ..............................................          48,048

                   Business manager ..............................................................          51,870

                   Systems programmer (each) .............................................          48,730

                   Supervisor, investigations (each) ....................................          48,048

                   Supervisor, enforcement (each) .......................................          48,048

                   Supervisor, corporate securities (each) ..........................          48,048

                   Supervisor, audit (each) ....................................................          48,048

                   Supervisor, tax and license ...............................................          48,048

                   Supervisor ...........................................................................          48,048

                   Management analyst (each) .............................................          46,410

                   District office manager ......................................................          48,880

                   Manager, systems and programming ..............................          48,048

                   Senior agent, corporate securities (each) .......................          43,352

                   Senior agent, investigation (each) ...................................          43,352

                   Training officer ...................................................................          48,880

                   Senior agent, audit (each) .................................................          43,352

                   Senior agent, tax and license (each) ................................          43,352

                   Electronics specialist (each) .............................................          41,824

                   Senior agent, enforcement (each) ....................................          43,352

                   Intelligence analyst ............................................................          43,352

                   Agent, corporate securities (each) ..................................          38,657

                   Agent, audit (each) ............................................................          38,657

                   Agent, investigations (each) ............................................          38,657

                   Agent, enforcement (each) ...............................................          38,657

                   Agent, research (each) ......................................................          38,657

                   Agent, tax and license (each) ...........................................          38,657

                   Technical services manager .............................................          56,680

                   Electronics technician (each) ...........................................          37,128

                   Legal researcher, gaming ..................................................          31,013

                   Senior research analyst .....................................................          44,881

                   Research coordinator ........................................................          38,657

                   Programmer analyst (each) ...............................................          42,591

                   Agent (each) .......................................................................          38,657

14.  Department of human resources:

                   Director ................................................................................        $81,294

                   Deputy director ..................................................................          60,278

                   Administrator, health .........................................................          63,210

                   Medical program coordinator, Nevada mental health institute         ......................................................................................... 116,517

                   Medical program coordinator, southern Nevada mental health services .........................................................................................        116,517

                   Administrator, mental hygiene and mental retardation          75,348

                   Deputy administrator, mental hygiene and mental retardation         ......................................................................................... 65,739


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ê1993 Statutes of Nevada, Page 1935 (Chapter 467, SB 571)ê

 

                   State welfare administrator ...............................................          67,595

                   Administrator, child and family services ........................          61,652

                   Deputy administrator, child and family services ...........          56,347

                   Deputy administrator, child and family services ...........          58,106

                   Administrator, aging services ..........................................          53,508

                   Deputy administrator, aging services (Las Vegas) .......          48,484

                   Deputy administrator, aging services (Carson City) ....          48,484

                   Chief, elder rights ...............................................................          46,628

                   Superintendent, youth training center ............................          55,146

                   Superintendent, Caliente youth center ...........................          55,146

                   Executive director, Nevada Indian commission .............          40,000

15.  Department of information services:

                   Director ................................................................................        $68,000

                   Chief, systems and programming ....................................          58,640

                   Chief, planning and research ............................................          56,477

                   Chief, facility management ................................................          54,600

16.  Office of the military:

                   Adjutant general ................................................................        $68,796

17.  Department of motor vehicles and public safety:

                   Director, motor vehicles and public safety ....................        $80,950

                   Deputy director, motor vehicles and public safety (each)                 ......................................................................................... 48,158

                   Chief parole and probation officer ...................................          63,406

                   Chairman, board of parole commissioners .....................          49,468

                   Parole board member (each) .............................................          43,352

                   Secretary to parole board ..................................................          35,490

                   Nevada commissioner for veteran affairs .......................          35,490

                   Nevada deputy commissioner for veteran affairs .........          32,000

                   Chief, emergency management ........................................          45,974

                   State fire marshal ................................................................          54,818

18.  Department of museums, library and arts:

                   Director ................................................................................        $68,000

                   Director, Nevada state museum, Las Vegas ...................          50,000

                   Director, Nevada historical society .................................          50,000

                   Assistant administrator, railroad operations .................          42,478

                   Executive director, council on the arts ............................          40,950

                   Literacy coordinator, state library ...................................          34,983

19.  Department of personnel:

                   Director ................................................................................        $68,000

                   Equal employment opportunity officer ...........................          46,758

20.  Department of prisons:

                   Director, department of prisons .......................................        $80,950

                   Medical director, department of prisons ........................        117,609

                   Mental health coordinator, prisons .................................        116,517

21.  Office of the state public defender:

                   State public defender .........................................................        $67,993

                   Supervising public defender (office) ...............................          59,732

                   Supervising public defender (trial) ..................................          57,439

                   Supervising public defender (appeals) ...........................          57,439


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

ê1993 Statutes of Nevada, Page 1936 (Chapter 467, SB 571)ê

 

                   Deputy public defender (each) ........................................          49,686

                   Deputy public defender, appellate ..................................          49,686

                   Investigator (each) .............................................................          38,657

22.  Public service commission of Nevada:

                   Chairman ..............................................................................        $69,997

                   Public service commissioner (each) ................................          65,301

                   Deputy commissioner ........................................................          58,094

                   Senior auditor (each) .........................................................          52,634

                   Financial analyst ................................................................          53,618

                   Utility operations and rate specialist (each) ..................          56,347

                   Auditor (each) ....................................................................          48,048

                   Staff counsel .......................................................................          67,000

                   Assistant staff counsel (each) .........................................          60,000

                   Director, consumer affairs .................................................          43,352

                   Public education and statistical analyst .........................          43,898

                   Commissioner assistant (2 positions) each ....................          37,892

                   Commissioner assistant (3 positions) each ....................          37,128

                   Utility rate and tariff specialist (each) .............................          42,806

                   Manager, engineering services ........................................          59,732

                   Engineer, communications ................................................          56,347

                   Engineer, water ...................................................................          53,618

                   Engineer, electric ................................................................          56,347

                   Senior gas pipeline engineer ............................................          56,567

                   Engineer, gas pipeline .......................................................          53,618

                   Senior engineering analyst ...............................................          48,048

                   Chief auditor .......................................................................          60,497

                   Director regulatory operations .........................................          64,210

                   Systems analyst .................................................................          50,996

                   Manager, rates and tariffs .................................................          53,618

                   Hearings officer ..................................................................          48,048

                   Chief transportation inspector (each) .............................          48,704

                   Manager, transportation ...................................................          56,566

                   Specialist, transportation rates and tariffs .....................          46,300

                   Senior analyst (each) .........................................................          48,048

                   Manager, consumer affairs office ....................................          40,294

                   Legal counsel ......................................................................          67,000

                   Secretary of policy .............................................................          58,094

                   Assistant legal counsel .....................................................          60,000

                   Economist ............................................................................          57,548

                   Supervising economist ......................................................          58,094

                   Resource planning engineer .............................................          53,618

                   Assistant general counsel - transportation ...................          60,000

                   Senior auditor - transportation .........................................          52,853

                   Financial specialist .............................................................          53,618

                   Systems supervisor ...........................................................          53,618

                   Assistant secretary ............................................................          42,588

23.  Department of taxation:

                   Executive director ...............................................................        $80,950

                   Deputy executive director (each) .....................................   55,692 24.  


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

ê1993 Statutes of Nevada, Page 1937 (Chapter 467, SB 571)ê

 

24.  Commission on tourism:

                   Executive director ...............................................................        $66,393

                   Director of marketing .........................................................          54,491

                   Public information officer ..................................................          52,500

                   Business manager ..............................................................          44,554

                   Development specialist, tourism (each) ..........................          47,830

                   Project analyst, tourism .....................................................          36,691

                   Development specialist, Nevada Magazine ...................          42,370

                   Editor publisher, Nevada Magazine ................................          57,876

                   Associate editor .................................................................          31,777

                   Managing editor, publications .........................................          38,438

                   Market and promotion manager, publications ...............          31,777

                   Business manager, Nevada Magazine ............................          44,008

                   Production manager ...........................................................          35,862

                   Art director ..........................................................................          37,892

                   Advertising sales representative .....................................          24,000

25.  Department of transportation:

                   Director, department of transportation ...........................        $80,950

                   Deputy director, department of transportation .............          74,037

26.  Supreme court:

                   Supervisory staff attorney ................................................        $72,946

                   Deputy supervisory staff attorney ..................................          64,756

                   Chief clerk ............................................................................          72,946

                   Chief deputy clerk ..............................................................          41,933

                   Court administrator ............................................................          63,118

                   Deputy court administrator ..............................................          52,000

                   Counsel to the chief justice ..............................................          57,221

                   Staff attorney III (each) .....................................................          49,050

                   Staff attorney IV (each) .....................................................          53,563

                   Law librarian ........................................................................          56,229

                   Senior judicial clerk-attorney (each) ................................          36,000

27.  Miscellaneous commissions and other agencies:

                   Director, Colorado River commission .............................        $69,561

                   Deputy director, Colorado River commission ................          50,778

                   Commissioner, local government employee-management relations board .........................................................................................          48,376

                   Secretary, local government employee-management relations board      ......................................................................................... 24,571

                   Director, WICHE ................................................................          46,500

                   Climatologist (1/4 position) ..............................................          11,372

                   Technology advisor ..........................................................          75,000

      Sec. 3.  If any unclassified position is inadvertently omitted from this act for the fiscal years 1993-94 and 1994-95, the department of personnel shall examine the duties and responsibilities of the position and submit to the interim finance committee a list of those duties and responsibilities and a recommended salary for the position. The interim finance committee shall review the duties and responsibilities of the position and establish the salary for the position.


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

ê1993 Statutes of Nevada, Page 1938 (Chapter 467, SB 571)ê

 

      Sec. 4.  1.  Employees filling the following positions in the classified service may receive annual salaries not to exceed the following specified amounts:

 

                                                                                                                  Approximate

                                                                                                                       Annual

        Title or Position                                                                                     Salary

 

             Senior physician (Range A) ....................................................        $85,086

             Senior physician (Range B) ....................................................          92,317

             Senior physician (Range C) ....................................................          95,695

             Senior psychiatrist (Range A) ................................................          92,317

             Senior psychiatrist (Range B) .................................................          95,694

             Senior psychiatrist (Range C) .................................................        108,781

             State health officer (Range A) ................................................          95,694

             State health officer (Range B) .................................................          97,490

             State health officer (Range C) .................................................          99,290

             Senior institutional dentist (Range A) ..................................          75,459

             Senior institutional dentist (Range B) ...................................          85,139

             Medical director (State laboratory) ........................................          95,695

             Veterinary diagnostician .........................................................          59,027

             Senior veterinary diagnostician .............................................          61,308

             Veterinary epidemiologist .......................................................          63,710

             Veterinary supervisor (Animal disease laboratory) ............          63,710

      2.  As used in this section a senior psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry and Neurology. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.

      Sec. 5.  1.  This section and sections 1, 3 and 4 of this act become effective on July 1, 1993.

      2.  Section 2 of this act becomes effective on October 1, 1993.

 

________

 

 

CHAPTER 468, SB 564

Senate Bill No. 564—Committee on Finance

CHAPTER 468

AN ACT relating to health insurance; authorizing public agencies and nonprofit medical facilities to enter into cooperative agreements to provide health insurance; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 277.055 is hereby amended to read as follows:

      277.055  1.  As used in this section:

      (a) “Medical facility” has the meaning ascribed to it in NRS 449.0151.


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

ê1993 Statutes of Nevada, Page 1939 (Chapter 468, SB 564)ê

 

      (b) “Nonprofit medical facility” means a nonprofit medical facility in this or another state.

      (c) “Public agency” has the meaning ascribed to it in NRS 277.100, and includes any municipal corporation.

      2.  Any two or more public agencies or nonprofit medical facilities may enter into a cooperative agreement for the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of:

      (a) Casualty insurance, other than workmen’s compensation and employer’s liability, as that term is defined in NRS 681A.020;

      (b) Marine and transportation insurance, as that term is defined in NRS 681A.050;

      (c) Property insurance, as that term is defined in NRS 681A.060;

      (d) Surety insurance, as that term is defined in NRS 681A.070; [or]

      (e) Health insurance, as that term is defined in NRS 681A.030; or

      (f) Insurance for any combination of these kinds.

      3.  Every such agreement must:

      (a) Be ratified by formal resolution or ordinance of the governing body or board of trustees of each agency or nonprofit medical facility included;

      (b) Be included in the minutes of each governing body or board of trustees, or attached in full to the minutes as an exhibit;

      (c) Be submitted to the commissioner of insurance for approval in the manner provided by NRS 277.150; and

      (d) If a public agency is a party to the agreement, comply with the provisions of NRS 277.080 to 277.180, inclusive.

      4.  Each participating agency or nonprofit medical facility shall provide for any expense to be incurred under any such agreement.

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

 

________

 

 

CHAPTER 469, SB 541

Senate Bill No. 541—Senator Rhoads

CHAPTER 469

AN ACT relating to firewood; specifically authorizing its sale by weight; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 581.280 is hereby amended to read as follows:

      581.280  1.  A standard cord of firewood sold or offered for sale [in this state shall be and] must contain 128 cubic feet, well stowed and packed.

      2.  [Nothing in this section shall prevent the] This section does not prohibit selling or offering firewood for sale [of wood in] :

      (a) By dry weight; or


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

ê1993 Statutes of Nevada, Page 1940 (Chapter 469, SB 541)ê

 

      (b) In loosely packed loads of 128 cubic feet where the average length of the separate pieces is less than 18 inches , [. Such loads shall be] known as loose cord loads or standard loads.

 

________

 

 

CHAPTER 470, SB 517

Senate Bill No. 517—Committee on Finance

CHAPTER 470

AN ACT relating to the department of transportation; revising the provisions governing the state highway revolving account to delete obsolete provisions; creating a state highway clearing account to accommodate current payroll requirements; increasing the monetary threshold for allowing informal bids for certain contracts relating to the construction of highways; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The state highway payroll clearing account is hereby established to pay the payroll of the department. As the payroll warrants are presented to the state highway payroll clearing account for payment, the state treasurer shall reimburse the state highway payroll clearing account.

      2.  The director shall place the state highway payroll clearing account in one or more banks of reputable standing which have been approved by the state board of finance.

      Sec. 2.  NRS 408.240 is hereby amended to read as follows:

      408.240  1.  [Upon the written request of the board, the state controller shall draw his warrant in favor of the director in the sum of $250,000, and in such additional sums not exceeding a total of $250,000 as the board from time to time requests, and upon presentation of such a warrant to the state treasurer, the state treasurer shall pay it.

      2.  Such a sum of not more than $500,000 is designated as the state highway revolving account, and may be used by the department for the purpose of paying the current payrolls of the department and] The state highway revolving account is hereby established in an amount not to exceed $500,000. The money in the account may be used by the department to provide advances to employees of the department for travel expenses and subsistence allowances and for paying travel expenses and subsistence allowances and other charges and obligations requiring prompt payment, and for no other purposes.

      2.  The state controller shall draw his warrant to establish an amount of $125,000 in the account. Thereafter, upon written request of the board, as it deems increases in the account to be necessary, the controller shall draw additional warrants. Upon presentation of such a warrant to the state treasurer, the state treasurer shall pay it.


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

ê1993 Statutes of Nevada, Page 1941 (Chapter 470, SB 517)ê

 

      3.  All money paid by the department from the state highway revolving account must, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of [such] the money paid in favor of the state highway revolving account to be paid to the order of the director, and the state treasurer shall pay the warrant.

      4.  The director shall deposit the state highway revolving account in one or more banks of reputable standing and secure the deposit by a depositary bond satisfactory to the state board of examiners.

      5.  At least once each calendar quarter, the director shall transfer any interest and other income earned on the money in the state highway revolving account to the state highway fund.

      Sec. 3.  NRS 408.367 is hereby amended to read as follows:

      408.367  1.  With the approval of the board, the director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of [$50,000.] $250,000.

      2.  Such informal bids must be submitted in accordance with due advertisement thereof being published for at least one publication in any newspaper or publication.

      3.  The department shall:

      (a) Mail a copy of the bid invitation by certified mail to all qualified bidders who are on record with the department as desiring to receive bid invitations on projects estimated to cost not in excess of [$50,000.] $250,000.

      (b) Maintain a record of such certified mailings.

      4.  Contracts awarded under the provisions of this section must be accompanied by bonds and conditioned and executed in the name of the State of Nevada, and must be signed by the director, under the seal of the department, signed by the contracting party or parties, and the form and legality of [such] those contracts approved by the attorney general or chief counsel of the department.

      Sec. 4.  On October 1, 1993, or as soon thereafter as practicable, the director of the department of transportation shall begin using the state highway payroll clearing account.

      Sec. 5.  This act becomes effective on July 1, 1993.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1942ê

 

CHAPTER 471, SB 515

Senate Bill No. 515—Committee on Judiciary

CHAPTER 471

AN ACT relating to programs of regimental discipline; extending the time certain offenders are placed under the supervision of the director of the department of prisons for participation in a program of regimental discipline; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.2248 is hereby amended to read as follows:

      176.2248  1.  If a defendant:

      (a) Is male;

      (b) Has been convicted of a felony that does not involve an act of violence;

      (c) Is at least 18 years of age;

      (d) Has never been incarcerated in jail or prison as an adult for more than 6 months; and

      (e) Is otherwise eligible for probation,

the court may order the defendant satisfactorily to complete a program of regimental discipline for 150 days before sentencing the defendant or in lieu of causing the sentence imposed to be executed upon violation of a condition of probation or suspension of sentence.

      2.  If the court orders the defendant to undergo a program of regimental discipline, it:

      (a) Shall place the defendant under the supervision of the director of the department of prisons for [150] not more than 190 days, not more than the first 30 days of which must be used to determine the defendant’s eligibility to participate in the program.

      (b) Shall, if appropriate, direct the chief parole and probation officer to provide a copy of the defendant’s records to the director of the department of prisons.

      (c) Shall require the defendant to be returned to the court not later than 30 days after he is placed under the supervision of the director, if he is determined to be ineligible for the program.

      (d) May require such reports concerning the defendant’s participation in the program as it deems desirable.

      3.  If the defendant is ordered to complete the program before sentencing, the director of the department of prisons shall return the defendant to the court not later than 150 days after the defendant began the program. The director shall certify either that the defendant satisfactorily completed the program or that he did not, and shall report the results of his evaluation, including any recommendations which will be helpful in determining the proper sentence. Upon receiving the report, the court shall sentence the defendant.

      4.  If the defendant is ordered to complete the program in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation and the defendant satisfactorily completes the program, the director of the department of prisons shall, not later than 150 days after the defendant began the program, return the defendant to the court with certification that the defendant satisfactorily completed the program.


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

ê1993 Statutes of Nevada, Page 1943 (Chapter 471, SB 515)ê

 

began the program, return the defendant to the court with certification that the defendant satisfactorily completed the program. The court shall direct that:

      (a) The defendant be placed under supervision of the chief parole and probation officer; and

      (b) The director of the department of prisons cause a copy of the records concerning the defendant’s participation in the program to be provided to the chief parole and probation officer.

      5.  If a defendant is ordered to complete the program of regimental discipline in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation, a failure by the defendant satisfactorily to complete the program constitutes a violation of that condition of probation and the director of the department of prisons shall return the defendant to the court.

      6.  Time spent in the program must be deducted from any sentence which may thereafter be imposed.

 

________

 

 

CHAPTER 472, SB 514

Senate Bill No. 514—Committee on Judiciary

CHAPTER 472

AN ACT relating to the human immunodeficiency virus; making it unlawful to engage in certain conduct through which the virus may be transmitted after testing positive for the disease; providing an affirmative defense to such unlawful conduct; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any person who, after testing positive in a test approved by the state board of health for exposure to the human immunodeficiency virus and receiving actual notice of that fact, intentionally, knowingly or willfully engages in conduct in a manner that is intended or likely to transmit the disease to another person is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  It is an affirmative defense to an offense charged pursuant to subsection 1 that the person who was subject to exposure to the human immunodeficiency virus as a result of the prohibited conduct:

      (a) Knew the defendant was infected with the human immunodeficiency virus;

      (b) Knew the conduct could result in exposure to the human immunodeficiency virus; and

      (c) Consented to engage in the conduct with that knowledge.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1944ê

 

CHAPTER 473, SB 512

Senate Bill No. 512—Committee on Natural Resources

CHAPTER 473

AN ACT relating to water; providing an alternative method of showing a subsisting right to water livestock; requiring the state engineer to recognize all such rights; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 533 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A subsisting right to water livestock may be proven by an owner of livestock by one or more of the following items of evidence for the number of livestock and date of priority:

      (a) As to water rights on open range, whether public lands or unfenced private lands or a combination of these:

             (1) A statement of priority of use submitted to the Taylor Grazing Service, predecessor to the Bureau of Land Management, to show the numbers of livestock grazed upon the open range, for years from 1928 to 1934, inclusive, if accompanied by evidence of changes or absence of change since the date of the statement;

             (2) A license issued by the Taylor Grazing Service for use upon the open range; or

             (3) A statement of priority of use, or a license, issued by the United States Forest Service for the grazing of livestock before 1950.

      (b) As to water rights on other privately owned land:

             (1) An affidavit concerning the number and kind of livestock by a person familiar with the use made of the lands;

             (2) A record of livestock assessed to the claimant of the right, or his predecessor, by a county assessor;

             (3) A count of livestock belonging to the claimant or his predecessor made by a lender; or

             (4) An affidavit of a disinterested person.

      2.  The location of a subsisting right to water livestock and its extent along a stream may be shown by marking upon a topographic map whose scale is not less than 1:100,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude and by further identifying the location or extent by one-sixteenth sections within a numbered section, township and range as certified by a registered state water right surveyor.

      Sec. 3.  Within a stream system or ground water basin where rights have been adjudicated, the state engineer shall recognize rights to water livestock from streams, whether or not in conjunction with a right to use water for irrigation, which are established by a vested water right, a subsisting right shown as provided in section 1 of this act or a permit issued by him.

      Sec. 4.  NRS 533.510 is hereby amended to read as follows:

      533.510  [Nothing in] NRS 533.485 to 533.510, inclusive, [shall be construed to] and sections 2 and 3 of this act do not affect the validity or rights to the use of water for watering livestock or other purposes acquired under the previously existing laws of this state or [to] by decree or impair any existing vested or decreed right to the use of water for that purpose.


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ê1993 Statutes of Nevada, Page 1945 (Chapter 473, SB 512)ê

 

the use of water for watering livestock or other purposes acquired under the previously existing laws of this state or [to] by decree or impair any existing vested or decreed right to the use of water for that purpose.

 

________

 

 

CHAPTER 474, SB 507

Senate Bill No. 507—Committee on Finance

CHAPTER 474

AN ACT making an appropriation to the Nevada racing commission for the payment of certain operating expenses; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

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 Nevada racing commission the sum of $61,413 for the payment of certain operating expenses.

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

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

 

________

 

 

CHAPTER 475, SB 506

Senate Bill No. 506—Committee on Finance

CHAPTER 475

AN ACT relating to taxation; revising the provisions governing the distribution of the proceeds of the supplemental city-county relief tax; authorizing the waiver of certain statutory provisions concerning the tax; allowing certain counties to impose certain taxes for the fiscal years 1993-1994 and 1994-1995; requiring the reduction of the tax rate in Washoe County in certain fiscal years; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 377.057 is hereby amended to read as follows:

      377.057  1.  The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, except as otherwise provided in subsection 2:


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ê1993 Statutes of Nevada, Page 1946 (Chapter 475, SB 506)ê

 

      (a) For Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, distribute to each county an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:

             (1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state businesses, from the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or

             (2) [The] Except as otherwise provided in this paragraph, the percentage change in the population of the county , as certified by the governor pursuant to NRS 360.285, added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,

whichever is less, except that [, if the calculations required by subparagraphs (1) and (2) both produce negative numbers,] the amount distributed to the county must not be less than [of] the amount [distributed to the county in the 1991-1992 fiscal year.] specified in subsection 11. If the United States Bureau of the Census issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, the percentage change calculated pursuant to subparagraph (2) for the ensuing fiscal year must be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

      (b) For all other counties, distribute the amount remaining after making the distributions required by paragraph (a) to each county in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.

      2.  If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for the 12 most recent months for which information concerning the actual amount collected is available on February 15 of any [fiscal] year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same [fiscal year,] period, the state controller shall distribute that county’s portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) in all subsequent fiscal years [.] , unless a waiver is granted pursuant to subsection 3.

      3.  A county which, pursuant to subsection 2, is required to have its portion of the proceeds from the supplemental city-county relief tax distributed pursuant to paragraph (b) of subsection 1, may file a request with the Nevada tax commission for a waiver of the requirements of subsection 2. The request must be filed on or before February 20 next preceding the fiscal year for which the county will first receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1, and must be accompanied by evidence which supports the granting of the waiver. The commission shall grant or deny a request for a waiver on or before March 10 next following the timely filing of the request. If the commission determines that the increase in the amount of supplemental city-county relief tax collected in the county was primarily caused by:


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ê1993 Statutes of Nevada, Page 1947 (Chapter 475, SB 506)ê

 

      (a) Nonrecurring taxable sales, it shall grant the request.

      (b) Normal or sustainable growth in taxable sales, it shall deny the request.

A county which is granted a waiver pursuant to this subsection is not required to obtain a waiver in any subsequent fiscal year to continue to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 unless the amount of supplemental city-county relief tax collected in the county in a fiscal year again exceeds the threshold established in subsection 2.

      4.  The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.

      [4.]5.  As used in this section, the “basic ad valorem revenue” of each local government, except as otherwise provided in subsection 5 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:

      (a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

      (b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.

      [5.]6.  For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.

      [6.]7.  For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:

      (a) The Santini-Burton Act, Public Law 96-586; or

      (b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.

      [7.]8.  On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.

      [8.]9.  On or before March 15 of each year, the executive director shall:

      (a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and


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ê1993 Statutes of Nevada, Page 1948 (Chapter 475, SB 506)ê

 

      (b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

      [9.]10.  A local government may use the estimate provided by the executive director pursuant to subsection [8] 9 in the preparation of its budget.

      11.  The minimum amount which may be distributed to the following counties in a month pursuant to paragraph (a) of subsection 1 is as follows:

                                Douglas                               $580,993

                                Esmeralda                                53,093

                                Lander                                    155,106

                                Lincoln                                     72,973

                                Lyon                                        356,858

                                Mineral                                  118,299

                                Nye                                          296,609

                                Pershing                                   96,731

                                Storey                                        69,914

                                White Pine                             158,863

      Sec. 1.3.  Section 24.1 of chapter 491, Statutes of Nevada 1991, at page 1445, is hereby amended to read as follows:

       Sec. 24.1.  For the fiscal year 1993-1994, after determining the amount of the distributions required by NRS 377.057, as amended by this act, each month, the state controller shall:

       1.  Reduce the distributions by the amounts indicated for each of the following counties:

                               Carson City                       [$42,835] $43,421

                               Churchill                                 [42,511] 11,064

                               Elko                                     [100,303] 100,935

                               Eureka                                                        287

                               Humboldt                               [63,069] 63,447

                               Lander                                                       3,100

       2.  Increase the distributions by the amounts indicated for each of the following counties:

                               Clark                               [$186,825] $174,837

                               Washoe                                  [64,993] 47,417

      Sec. 1.6.  Section 24.2 of chapter 491, Statutes of Nevada 1991, at page 1446, is hereby amended to read as follows:

       Sec. 24.2  For the fiscal year 1994-1995, after determining the amount of the distributions required by NRS 377.057, as amended by this act, each month, the state controller shall:

       1.  Reduce the distributions by the amounts indicated for each of the following counties:

                                           Carson City                      $28,557

                                           Churchill             [28,342] 10,766

                                           Elko                                     66,868

                                           Humboldt                           42,046

                                           Lander                                   2,066


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ê1993 Statutes of Nevada, Page 1949 (Chapter 475, SB 506)ê

 

       2.  Increase the distributions by the amounts indicated for each of the following counties:

                                           Clark                                       $902

                                           Washoe         [166,977] 149,401

      Sec. 2.  Section 34 of chapter 491, Statutes of Nevada 1991, at page 1449, is hereby amended to read as follows:

       Sec. 34  1.  The [governing body of any county in which] board of county commissioners of Elko, Humboldt or Lander county or the board of supervisors of Carson City, which has or will be imposing one or more of the taxes authorized by sections 29 to 33, inclusive, of this act : [have been or will be imposed or levied:]

       (a) Shall adopt a plan to replace the reduction in the amount of proceeds of the supplemental city-county relief tax estimated for that county pursuant to section 35 [or 36] of this act on or before September 1, 1991, if the tax is to be imposed or levied for fiscal year 1991-1992 and on or before May 31 of the immediately preceding fiscal year if the tax is to be imposed or levied for fiscal years 1992-1993 through 1995-1996. The plans may include one or more of the taxes authorized by sections 29 to 33, inclusive, of this act, but the total amount of revenue estimated to result from all taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act must not exceed the estimate of the reduction in the amount of proceeds of the supplemental city-county relief tax estimated for that county pursuant to section 35 [or 36] of this act for the fiscal year during which the plan is to be in effect.

       (b) May revise the plans adopted pursuant to subsection 1 for the fiscal years 1992-1993 through 1996-1997 on or before the May 31 immediately preceding the fiscal year during which the plan is to be in effect.

       2.  The board of county commissioners of [Churchill,] Elko, Humboldt and Lander counties and the board of supervisors of Carson City shall not, after June 30, 1996, impose, levy or continue any of the taxes authorized by sections 29 to 33, inclusive, of this act.

      Sec. 2.5.  Section 35 of chapter 491, Statutes of Nevada 1991, at page 1450, is hereby amended to read as follows:

       Sec. 35.  The legislature hereby finds and declares that the following amounts specified for each county estimate fairly the amount by which the proceeds of the supplemental city-county relief tax were reduced during the revision of the formula for the distribution of the supplemental city-county relief tax:

       1.  For fiscal year 1991-1992:

                                           Carson City                    $342,678

                                           Churchill                           340,084

                                           Elko                                   802,427

                                           Humboldt                         504,554

                                           Lander                                 24,803

       2.  For fiscal year 1992-1993:

                                           Carson City                    $685,356

                                           Churchill                           680,168

                                           Elko                                1,604,854


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ê1993 Statutes of Nevada, Page 1950 (Chapter 475, SB 506)ê

 

                                           Humboldt                      1,009,107

                                           Lander                                 49,606

       3.  For fiscal year 1993-1994:

                                           Carson City                    $514,017

                                           Churchill                           510,126

                                           Elko                                1,203,641

                                           Humboldt                         756,830

                                           Lander                                 37,205

       4.  For fiscal year 1994-1995:

                                           Carson City                    $342,678

                                           [Churchill                        340,084]

                                           Elko                                   802,427

                                           Humboldt                         504,554

                                           Lander                                 24,803

       5.  For fiscal year 1995-1996:

                                           Carson City                    $171,339

                                           [Churchill                        170,042]

                                           Elko                                   401,214

                                           Humboldt                         252,277

                                           Lander                                 12,402

      Sec. 3.  Section 36 of chapter 491, Statutes of Nevada 1991, at page 1451, is hereby amended to read as follows:

       Sec. 36.  [1.  As soon as practicable after the effective date of this act, the executive director of the department of taxation shall make an estimate of the difference between the total amount of revenue from the proceeds of the supplemental city-county relief tax that would be distributed to the local governments in Washoe County, including the county, without the provisions of this act for the fiscal years 1991-1992 through 1996-1997 and the total amount of that revenue that he estimates will be distributed to the county pursuant to the provisions of this act.

       2.]  The department of taxation shall provide to the board of county commissioners of Churchill, Elko, Humboldt, Lander and Washoe counties and the board of supervisors of Carson City, any estimate that is requested by the board and [necessary to carry out] related to carrying out the provisions of this act. The board is not required to use any estimate provided pursuant to this section to carry out the provisions of this act.

      Sec. 4.  Section 38 of chapter 491, Statutes of Nevada 1991, at page 1451, is hereby amended to read as follows:

       Sec. 38.  1.  [On or before May 31, 1994, the department of taxation shall make an estimate of the total amount of proceeds that will be derived in Washoe County from each of the taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act for fiscal year 1994-1995.

       2.  On or before June 30, 1994, using the estimate prepared pursuant to subsection 1, the board of county commissioners of Washoe County shall reduce the rate of one or more of the taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act if necessary to maintain the estimated revenue from all taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act at or below an amount equal to $2,225,664 less than the amount determined for the fiscal year 1994-1995 pursuant to subsection 1 of section 36 of this act.]


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ê1993 Statutes of Nevada, Page 1951 (Chapter 475, SB 506)ê

 

maintain the estimated revenue from all taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act at or below an amount equal to $2,225,664 less than the amount determined for the fiscal year 1994-1995 pursuant to subsection 1 of section 36 of this act.] The board of county commissioners of Washoe County shall reduce the rate of the tax ad valorem imposed pursuant to section 33 of this act by 1.5 cents per $100 of assessed valuation for the fiscal year 1993-1994.

       2.  The board of county commissioners of Washoe County shall reduce the rate of the tax ad valorem imposed pursuant to section 33 of this act, in addition to the reduction made pursuant to subsection 1, by 4 cents per $100 of assessed valuation for the fiscal year 1994-1995.

       3.  The board of county commissioners of Washoe County or Churchill County shall not, after June 30, [1996:] 1994:

       (a) Except as otherwise provided in subsection 2 or 4, decrease the rate of any of the taxes imposed pursuant to sections 29 to 33, inclusive, of this act unless all of the local governments that are entitled to receive a monthly distribution from the tax distribution fund for the county agree to the decrease.

       (b) Increase the rate of any tax imposed pursuant to sections 29 to 33, inclusive, of this act.

       4.  If necessary to avoid violating the provisions of subsection 2 of section 31 of this act, the board of county commissioners of Washoe County shall reduce the amount of the license fee imposed pursuant to that section by the minimum amount necessary to comply with the provisions of subsection 2 of section 31 of this act.

      Sec. 5.  1.  For the fiscal year 1993-1994, the state controller shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month make the following distributions in lieu of the distributions required by the provisions of paragraph (a) of subsection 1 of NRS 377.057 as amended by this act:

                                           Douglas                          $601,255

                                           Esmeralda                           54,505

                                           Lander                               155,106

                                           Lincoln                                75,621

                                           Lyon                                  373,175

                                           Mineral                             121,493

                                           Nye                                    309,947

                                           Pershing                             99,743

                                           Storey                                 72,564

                                           White Pine                       163,185

      2.  For the fiscal year 1994-1995, the amounts specified in subsection 1 for the following counties must be reduced by the indicated amounts before making the calculations required by paragraph (a) of subsection 1 of NRS 377.057:

                                           Douglas                            $20,262

                                           Esmeralda                             1,412

                                           Lincoln                                  2,648

                                           Lyon                                    16,317


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ê1993 Statutes of Nevada, Page 1952 (Chapter 475, SB 506)ê

 

                                           Mineral                                 3,194

                                           Nye                                      13,338

                                           Pershing                               3,012

                                           Storey                                   2,650

                                           White Pine                           4,322

The adjustments of the distribution of the proceeds of the supplemental city-county relief tax required by this subsection must be included for the purpose of calculating the amount to be distributed for the fiscal year 1995-1996.

      Sec. 6.  Sections 6 to 15, inclusive, of this act constitute the Local Government Tax Act of 1993.

      Sec. 7.  1.  A tax distribution fund must be created in the state treasury for each county that imposes or levies any tax pursuant to the provisions of sections 8 to 12, inclusive, of this act.

      2.  All interest and income earned on the money in the fund must be credited to the fund after deducting all applicable charges.

      3.  The state controller shall distribute the money in the fund monthly among the several local governments in the county that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax, including the county, in the proportion which the basic ad valorem revenue of each local government bears to the total basic ad valorem revenue of all these local governments.

      4.  As used in this section, “basic ad valorem revenue” has the meaning ascribed to it in NRS 377.057.

      Sec. 8.  1.  Except as otherwise provided in section 14 of this act and in addition to all other sales and use taxes, the board of county commissioners of Douglas, Esmeralda, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties may by ordinance, in the manner provide in section 13 of this act, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county.

      2.  The tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county. The tax imposed pursuant to this section must be imposed, if at all, for the period beginning October 1, 1993, and ending September 30, 1994.

      3.  The ordinance enacted pursuant to this section must include provisions in substance as follows:

      (a) Provisions substantially identical to those of the Local School Support Tax Law, insofar as applicable.

      (b) A provision that all amendments to the provisions of the Local School Support Tax Law subsequent to the date of enactment of the ordinance, not inconsistent with this section, automatically become a part of the ordinance enacted pursuant to subsection 1.

      (c) A provision that the county shall contract before the effective date of the ordinance enacted pursuant to subsection 1 with the department to perform all functions incident to the administration or operation of the tax imposed pursuant to subsection 1.

      4.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the county under this section must be paid to the department of taxation in the form of remittances made payable to the department of taxation.


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ê1993 Statutes of Nevada, Page 1953 (Chapter 475, SB 506)ê

 

department of taxation in the form of remittances made payable to the department of taxation.

      5.  The department of taxation shall deposit the payments with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

      Sec. 9.  1.  Except as otherwise provided in section 14 of this act and in addition to all other taxes imposed on the valuation of vehicles, the board of county commissioners of Douglas, Esmeralda, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties may by ordinance, in the manner provided in section 13 of this act, impose a special privilege tax of 1 cent of each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

      (a) A vehicle exempt from the motor vehicle privilege tax pursuant to chapter 371 of NRS; or

      (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

      2.  The department of motor vehicles and public safety shall deposit the proceeds of the tax imposed pursuant to subsection 1 with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

      3.  As used in this section “based” has the meaning ascribed to it in NRS 482.011.

      Sec. 10.  1.  Except as otherwise provided in section 14 of this act, notwithstanding the provisions of NRS 463.395 and in addition to all other fees and taxes imposed on gaming, the board of county commissioners of Douglas, Esmeralda, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties may by ordinance, in the manner provided in section 13 of this act, impose a license fee for conducting, carrying on or operating any gambling game, slot machine or other game of chance.

      2.  The total amount of revenue estimated to result from the imposition of a license fee pursuant to the provisions of this section must not exceed the total amount of revenue estimated to result from the imposition of all taxes imposed in the county pursuant to sections 8 to 12, inclusive, of this act, multiplied by a fraction, the numerator of which is the total gaming license fees collected by all local governments in the county, including the county, for the fiscal year 1992-1993, and the denominator of which is the general fund revenues of the county and any incorporated cities in the county for the fiscal year 1992-1993.

      3.  The tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

      4.  The proceeds of the tax imposed pursuant to this section must be deposited with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

      Sec. 11.  1.  Except as otherwise provided in section 14 of this act and in addition to all other taxes imposed on transfers of real property, the board of county commissioners of Douglas, Esmeralda, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties may by ordinance, in the manner provided in section 13 of this act, impose a tax at the rate of up to 10 cents for each $500 of value or fraction thereof on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining on the interest of property at the time of sale, exceeds $100.


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ê1993 Statutes of Nevada, Page 1954 (Chapter 475, SB 506)ê

 

tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining on the interest of property at the time of sale, exceeds $100. The amount of tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.

      2.  The ordinance imposing that tax must include:

      (a) Provisions substantially identical to those contained in chapter 375 of NRS, insofar as applicable; and

      (b) A provision that all amendments to chapter 375 of NRS after the date of enactment of the ordinance, not inconsistent with the chapter, automatically become a part of the ordinance imposing the tax.

      3.  The tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

      4.  The proceeds of the tax must be deposited with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

      Sec. 12.  1.  Except as otherwise provided in section 14 of this act, the board of county commissioners of Douglas, Esmeralda, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties may levy a tax ad valorem on the assessed valuation of all taxable property in the county.

      2.  Before levying a tax pursuant to the provisions of subsection 1, the governing body shall hold a public hearing to allow members of the public to present their opinions concerning the tax. The governing body shall publish notice of the hearing not less than 5 nor more than 10 days before the date of the hearing in a newspaper of general circulation in the county. The notice must be at least equal in size to one-quarter of a normal newspaper page.

      3.  The provisions of NRS 354.59811 do not apply to a tax levied pursuant to the provisions of this section and the tax must not be considered in determining the allowed revenue from taxes ad valorem for the county or any local government therein.

      4.  Notwithstanding the provisions of NRS 279.676, no portion of the taxes levied pursuant to this section may be distributed to a redevelopment agency.

      5.  The county treasurer shall deposit the proceeds of the tax levied pursuant to the provisions of this section monthly with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

      Sec. 13.  Notwithstanding the provisions of NRS 244.100, the board of county commissioners of Douglas, Esmeralda, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties may, on or before September 1, 1993, adopt ordinances imposing any of the taxes authorized pursuant to sections 8 to 11, inclusive, of this act, in the following manner:

      1.  The board shall hold a public hearing to allow members of the public to present their opinions concerning the proposed ordinance. The board shall publish notice of the hearing not less than 5 nor more than 10 days before the date of the hearing in a newspaper of general circulation in the county. The notice must be at least equal in size to one-quarter of a normal newspaper page.

      2.  The board may adopt or reject the ordinance, or the ordinance as amended, at the public hearing.


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ê1993 Statutes of Nevada, Page 1955 (Chapter 475, SB 506)ê

 

      3.  After adoption, the ordinance must be:

      (a) Signed by the chairman of the board.

      (b) Attested by the county clerk.

      (c) Published by title only, together with the names of the county commissioners voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before it goes into effect. Publication by title must also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.

      4.  Whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority by the board of county commissioners, no further publication is necessary.

      Sec. 14.  1.  The governing body of the county in which one or more of the taxes authorized by sections 8 to 12, inclusive, of this act will be imposed or levied shall adopt a plan to replace the reduction in the amount of the proceeds of the supplemental city-county relief tax estimated for that county pursuant to section 15 of this act on or before September 1, 1993. The plans may include one or more of the taxes authorized by sections 8 to 12, inclusive, of this act, but the total amount of revenue estimated to result from all taxes imposed or levied pursuant to sections 8 to 12, inclusive, of this act must not exceed the estimate of the reduction in the amount of proceeds of the supplemental city-county relief tax estimated for that county pursuant to section 15 of this act for the fiscal years 1993-1994 and 1994-1995.

      2.  The board of county commissioners of Douglas, Esmeralda, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties shall not, after June 30, 1995, impose, levy or continue any of the taxes authorized by sections 8 to 12, inclusive, of this act.

      Sec. 15.  The legislature hereby finds and declares that the following amounts specified for each county estimate fairly the annual amount by which the proceeds of the supplemental city-county relief tax were reduced for the fiscal years 1993-1994 and 1994-1995 as a result of the provisions of this act:

                                           Douglas                          $243,141

                                           Esmeralda                           16,946

                                           Lincoln                                31,776

                                           Lyon                                  195,809

                                           Mineral                               38,331

                                           Nye                                    160,056

                                           Pershing                             36,147

                                           Storey                                 31,799

                                           White Pine                         51,859

      Sec. 16.  The board of county commissioners of Eureka County may, on or before February 20, 1994, file a request with the Nevada tax commission for a waiver of the requirements of subsection 2 of NRS 377.057. The request is subject to the requirements of NRS 377.057, as amended by section 1 of this act. If the Nevada tax commission grants the waiver, the county is entitled to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 of NRS 377.057 beginning on July 1, 1994. The amount of the distribution must be calculated as if the county had received its distributions pursuant to paragraph (a) for each year beginning with the fiscal year 1991-1992.


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ê1993 Statutes of Nevada, Page 1956 (Chapter 475, SB 506)ê

 

as if the county had received its distributions pursuant to paragraph (a) for each year beginning with the fiscal year 1991-1992.

      Sec. 17.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 476, SB 499

Senate Bill No. 499—Committee on Commerce and Labor

CHAPTER 476

AN ACT relating to trade regulations and practices; making various changes relating to what constitutes a deceptive trade practice and the enforcement and remedies available for violations of such provisions; authorizing the consumer affairs division of the department of commerce to bring an action for interpleader and to conduct a hearing to determine the distribution of the proceeds of a bond or other security; providing for the regulation of dance studios and health clubs and eliminating provisions providing for the regulation of athletic clubs and membership clubs; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Thanksgiving Day and Christmas Day.

      Sec. 3.  “Buyer” means any person who purchases by contract dance lessons, the use of facilities or other services from a dance studio or health club.

      Sec. 4.  “Commissioner” means the commissioner of the division.

      Sec. 5.  “Dance studio” means any enterprise that offers instruction in ballroom or other types of dancing, including lessons or other services, except:

      1.  A nonprofit public or private school, college or university;

      2.  The state or any political subdivision; or

      3.  A nonprofit religious or ethnic organization or a nonprofit organization for the benefit of the community or its members.

      Sec. 6.  “Division” means the consumer affairs division of the department of commerce.

      Sec. 7.  “Health club” means any enterprise which offers the use of its facilities for the maintenance or development of physical fitness or the control of weight, except:

      1.  A nonprofit public or private school, college or university;

      2.  The state or any political subdivision; or

      3.  A nonprofit religious or ethnic organization or a nonprofit organization for the benefit of the community or its members.


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ê1993 Statutes of Nevada, Page 1957 (Chapter 476, SB 499)ê

 

      Sec. 8.  “Pre-sale” means the sale of dance lessons, the use of facilities or other services by a dance studio or health club before all amenities, facilities or benefits identified in the contract or sales presentation are available to the buyer.

      Sec. 9.  Any violation of NRS 598.240, 598.250 or 598.280 constitutes a deceptive trade practice for the purposes of NRS 598.360 to 598.640, inclusive.

      Sec. 10.  NRS 598.005 is hereby amended to read as follows:

      598.005  If a person violates any provision of [this chapter,] NRS 598.100 to 598.280, inclusive, 598.281 to 598.298, inclusive, 598.360 to 598.640, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the commissioner of consumer affairs or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

      1.  The suspension of the person’s privilege to conduct business within this state; or

      2.  If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

      Sec. 11.  NRS 598.110 is hereby amended to read as follows:

      598.110  Every person who contrives, prepares, sets up, proposes, operates, advertises or promotes any pyramid promotional scheme or endless chain [is guilty of a misdemeanor.] commits a deceptive trade practice for the purposes of NRS 598.360 to 598.640, inclusive.

      Sec. 12.  NRS 598.130 is hereby amended to read as follows:

      598.130  In addition to any other relief available under NRS 598.100 to 598.130, inclusive:

      1.  The attorney general or any district attorney may commence an action in the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to enjoin or obtain any other equitable relief to prevent the further preparation, operation, promotion or prosecution of such scheme or chain. In addition to the relief authorized by this section, the court may award reasonable attorneys’ fees and costs in any action brought under this section.

      2.  The attorney general or any district attorney may petition the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to appoint receivers to secure and distribute in an equitable manner any assets received by any participant as a result of such scheme or program. Any such distribution [shall] must effect, to the extent possible, reimbursement for uncompensated payments made to become a participant in the scheme. In any such action, the court may, in addition to any other relief or reimbursement, award reasonable attorneys’ fees and costs.

      [3.  The attorney general may commence a proceeding in quo warranto pursuant to the provisions of chapter 35 of NRS against a corporation which contrives, prepares, sets up, proposes, operates, advertises or promotes any pyramid promotional scheme or endless chain, such act or acts being hereby declared an act or acts which amount to a surrender or a forfeiture of its corporate rights, privileges and franchises.]

 


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

ê1993 Statutes of Nevada, Page 1958 (Chapter 476, SB 499)ê

 

declared an act or acts which amount to a surrender or a forfeiture of its corporate rights, privileges and franchises.]

      Sec. 13.  NRS 598.150 is hereby amended to read as follows:

      598.150  “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, [Nevada Day,] Thanksgiving Day and Christmas Day.

      Sec. 14.  NRS 598.285 is hereby amended to read as follows:

      598.285  1.  If an organization is required to obtain a bond, letter of credit or certificate of deposit pursuant to NRS 598.282, it shall deposit with the division:

      (a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;

      (b) An irrevocable letter of credit of which the owner of the organization is the obligor and issued by a bank whose deposits are federally insured; or

      (c) A certificate of deposit in a federally insured financial institution, which may be withdrawn only on the order of the commissioner, except that the interest may accrue to the owner.

      2.  The amount of the bond, letter of credit or certificate of deposit must be $50,000, and the bond, letter of credit or certificate of deposit must be conditioned on compliance by the owner with the provisions of NRS 598.282 to 598.286, inclusive, and the terms of the contract with a buyer.

      3.  A buyer who is injured because of breach of contract or bankruptcy may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.

      4.  The liability of the surety does not exceed the amount of the bond regardless of the number of claims filed or the aggregate amount claimed. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the division . [which will distribute the money to claimants entitled to restitution. The surety is then relieved of all liability under the bond.]

      5.  The division may bring an action for interpleader against all claimants upon the security. If it does so, the division must publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county where the organization has its principal place of business. The division is entitled to deduct its costs of the action, including publication costs, from the amount of the security. Claims against the security have equal priority. If the security is insufficient to pay the claims in full, they must be paid pro rata. In the case of a bond, the surety is then relieved of all liability under the bond.

      6.  The division may, in lieu of bringing an action for interpleader pursuant to subsection 5, conduct a hearing to determine the distribution of the security to claimants. The division shall adopt regulations to provide for adequate notice and the conduct of the hearing. Distribution pursuant to this subsection relieves the surety of all liability under the bond.

      7.  The organization must maintain the bond in full force while it is doing business and shall keep accurate records of the bond and the payments made on the premium. These records must be open to inspection by the division during business hours.


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

ê1993 Statutes of Nevada, Page 1959 (Chapter 476, SB 499)ê

 

during business hours. It shall notify the division no later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.

      [6.]8.  The division may apply for [a writ of mandate] injunctive relief to require the organization to register or to deposit and maintain the security required by this section.

      Sec. 15.  NRS 598.289 is hereby amended to read as follows:

      598.289  1.  The provisions of NRS 598.282 to 598.287, inclusive, are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with any other applicable provision of law.

      2.  The remedies provided in NRS 598.285, 598.286 and 598.287 for violation of any provision of NRS 598.282 to 598.286, inclusive, are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.

      3.  Any violation of NRS 598.282 to 598.286, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.360 to 598.640, inclusive.

      Sec. 16.  NRS 598.411 is hereby amended to read as follows:

      598.411  A person engages in a “deceptive trade practice” when in the course of his business or occupation he employs “bait and switch” advertising, which consists of an offer to sell [a product or service] goods or services which the seller in truth may not intend or desire to sell, accompanied by one or more of the following practices:

      1.  Refusal to show the [product] goods advertised.

      2.  Disparagement in any material respect of the advertised [product] goods or services or the terms of sale.

      3.  Requiring other sales or other undisclosed conditions to be met before selling the advertised [product or service.] goods or services.

      4.  Refusal to take orders for the [product] goods or services advertised for delivery within a reasonable time.

      5.  Showing or demonstrating [a defective product which is] defective goods which are unusable or impractical for the purposes set forth in the advertisement.

      6.  Accepting a deposit for the [product] goods or services and subsequently switching the purchase order to [a higher priced item.] higher priced goods or services.

      Sec. 17.  NRS 598.412 is hereby amended to read as follows:

      598.412  A person engages in a “deceptive trade practice” when in the course of his business or occupation he:

      1.  Knowingly fails to identify goods damaged by water.

      2.  Solicits by telephone or door to door as a seller, unless the seller identifies himself, whom he represents and the purpose of his call within 30 seconds after beginning the conversation.

      3.  Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.

      4.  Fails to make delivery of [a product] goods or services within a reasonable time or to make a refund for the [product,] goods or services, if he allows refunds.


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

ê1993 Statutes of Nevada, Page 1960 (Chapter 476, SB 499)ê

 

      5.  Advertises or offers an opportunity for investment and:

      (a) Represents that the investment is guaranteed, secured or protected in a manner which he knows or has reason to know, is false or misleading;

      (b) Represents that the investment will earn a rate of return which he knows or has reasons to know is false or misleading;

      (c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;

      (d) Fails to maintain adequate records so that an investor may determine how his money is invested;

      (e) Fails to provide information to an investor after a reasonable request for information concerning his investment;

      (f) Fails to comply with any law or regulation for the marketing of securities or other investments; or

      (g) Represents that he is licensed by an agency of the state to sell or offer for sale investments or services for investments if he is not so licensed.

      6.  Charges a fee for advice with respect to investment of money and fails to disclose:

      (a) That he is selling [a product] goods or services and, if he is, [its] their identity; or

      (b) That he is licensed by an agency of any state or of the United States to sell or offer for sale investments or services for investments, or holds any other license related to the service he is providing.

      7.  Notifies any person, by any means, as a part of an advertising plan or scheme, that he has won a prize and that as a condition of receiving the prize he must purchase or rent goods or services.

      8.  Fails to inform customers, if he does not allow refunds or exchanges, that he does not allow refunds or exchanges by:

      (a) Printing a statement on the face of the sales receipt;

      (b) Printing a statement on the face of the price tag; or

      (c) Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters,

specifying that no refunds or exchanges are allowed.

      Sec. 18.  NRS 598.840 is hereby amended to read as follows:

      598.840  As used in NRS 598.840 to 598.930, inclusive, unless the context otherwise requires:

      1.  “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.

      2.  “Buyer” means a person who purchases by contract a membership in an organization for buying goods or services at a discount.

      [2.]3.  “Commissioner” means the commissioner of the consumer affairs division of the department of commerce.

      [3.]4.  “Organization for buying goods or services at a discount” or “organization” means a person who, for a consideration, provides or claims to provide a buyer with the ability to purchase goods or services at a price which is represented to be lower than the price generally charged in the area.


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

ê1993 Statutes of Nevada, Page 1961 (Chapter 476, SB 499)ê

 

      Sec. 19.  NRS 598.850 is hereby amended to read as follows:

      598.850  1.  Each organization shall deposit with the commissioner:

      (a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;

      (b) An irrevocable letter of credit of which the organization is the obligor and issued by a bank whose deposits are federally insured; or

      (c) A certificate of deposit in a federally insured financial institution, doing business in this state, which may be withdrawn only on the order of the commissioner, except that interest may accrue to the organization.

      2.  The amount of the bond, letter of credit or certificate of deposit must be $50,000, and it must be conditioned on compliance by the owner with the provisions of NRS 598.840 to 598.930, inclusive, and the terms of the contract with the buyer. Any buyer who is injured because of a breach of contract or bankruptcy may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.

      3.  The liability of the surety does not exceed the amount of the bond regardless of the number of claims filed or the aggregate amount claimed, and does not include treble damages allowed by NRS 598.920. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the commissioner . [who shall distribute the money to claimants entitled to restitution. The surety is then relieved of all liability under the bond.]

      4.  The division may bring an action for interpleader against all claimants upon the security. If it does so, the division must publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county where the organization has its principal place of business. The division is entitled to deduct its costs of the action, including publication costs, from the amount of the security. Claims against the security have equal priority. If the security is insufficient to pay the claims in full, they must be paid pro rata. In the case of a bond, the surety is then relieved of all liability under the bond.

      5.  The division may, in lieu of bringing an action for interpleader pursuant to subsection 4, conduct a hearing to determine the distribution of the security to claimants. The division shall adopt regulations to provide for adequate notice and the conduct of the hearing. Distribution pursuant to this subsection relieves the surety of all liability under the bond.

      6.  The organization shall maintain the bond in full force while it is doing business and shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the division during business hours. The organization shall notify the commissioner no later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the commissioner.

      [5.]7.  The commissioner may apply for [a writ of mandate] injunctive relief to require the organization to deposit and maintain the security required by this section.

      Sec. 20.  NRS 598.930 is hereby amended to read as follows:

      598.930  1.  The remedies, duties and prohibitions of NRS 598.840 to 598.930, inclusive, are not exclusive and are in addition to any other remedies provided by law.


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

ê1993 Statutes of Nevada, Page 1962 (Chapter 476, SB 499)ê

 

      2.  Any violation of NRS 598.850 to 598.900, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.360 to 598.640, inclusive.

      Sec. 21.  NRS 598.940 is hereby amended to read as follows:

      598.940  As used in NRS 598.940 to 598.966, inclusive, and sections 2 to 8, inclusive, of this act, unless the context otherwise requires [:

      1.  “Buyer” means any person who purchases by contract a membership in a membership club.

      2.  “Commissioner” means the commissioner of the division.

      3.  “Division” means the consumer affairs division of the department of commerce.

      4.  “Membership club” means any club, business, association, organization, partnership or corporation that requires the payment of a membership fee or membership dues from its members in return for goods, services, advice, equipment, usage or any discount privilege, except:

      (a) A nonprofit public or private school, college or university.

      (b) A nonprofit religious, charitable, fraternal, ethnic or any other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      (c) A golf, tennis or swimming club in which engaging in one of those sports is the principal activity offered by the club.

      (d) Any other club, business, association, organization, partnership or corporation required to be licensed or certified by a state agency.

      5.  “Pre-sale” means the sale of memberships in a membership club before all amenities, facilities or benefits identified in the contract or sales presentation are available to the buyer.] , the words and terms defined in sections 2 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 22.  NRS 598.942 is hereby amended to read as follows:

      598.942  The provisions of NRS 598.940 to 598.966, inclusive, apply to contracts for [membership in a membership] dance lessons, the use of facilities or other services from a dance studio or health club only if the membership is intended for use by the buyer or for the buyer and the members of his family and:

      1.  The buyer purchases or becomes obligated to purchase the [membership] dance lessons, use of facilities or other services for more than 3 months and the [membership] dance studio or health club requires the payment of any [membership] fee or dues more than 3 months in advance; [or]

      2.  The [membership] dance studio or health club requires the payment of a fee for initiation or membership in an amount greater than $75 [.] ; or

      3.  The dance studio or health club accepts from a buyer more than $100 at any one time for dance lessons, the use of facilities or other services.

      Sec. 23.  NRS 598.944 is hereby amended to read as follows:

      598.944  1.  Each owner of a [membership] dance studio or health club shall register with the division, listing the full name and address of the studio or club and any other description of its facilities or activities the division requires.

      2.  At least one member of the governing body of the [membership] dance studio or health club must live in the county where the studio or club is located.


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

ê1993 Statutes of Nevada, Page 1963 (Chapter 476, SB 499)ê

 

located. He is the agent of the studio or club and its owner for receipt of process served.

      Sec. 24.  NRS 598.946 is hereby amended to read as follows:

      598.946  1.  Except as otherwise provided in subsection [9,] 11, before contracting with a buyer, the owner of a [membership] dance studio or a health club shall deposit with the division:

      (a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;

      (b) An irrevocable letter of credit of which the owner of the [membership] dance studio or health club is the obligor and issued by a bank whose deposits are federally insured; or

      (c) A certificate of deposit in a federally insured financial institution that may be withdrawn only on the order of the commissioner, except that the interest may accrue to the owner,

conditioned on compliance by the owner with the provisions of NRS 598.940 to 598.966, inclusive, and the terms of the contract with a buyer.

      2.  Except as otherwise provided in subsection [7,] 9, the amount of the bond, letter of credit or certificate of deposit must be:

      (a) Ten thousand dollars, if the [membership] dance studio or health club has less than 400 members;

      (b) Fifteen thousand dollars, if the [membership] dance studio or health club has 400 members or more but less than 800 members;

      (c) Twenty thousand dollars, if the [membership] dance studio or health club has 800 members or more but less than 1,200 members;

      (d) Twenty-five thousand dollars, if the [membership] dance studio or health club has 1,200 members or more but less than 1,500 members;

      (e) Thirty-five thousand dollars, if the [membership] dance studio or health club has 1,500 members or more but less than 4,000 members; and

      (f) Fifty thousand dollars, if the [membership] dance studio or health club has 4,000 or more members.

      3.  Except as otherwise provided in subsection [9,] 11, any buyer who is injured because of breach of contract or bankruptcy may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.

      4.  Except as otherwise provided in subsection [9,] 11, the liability of the surety does not exceed the amount of the bond regardless of the number of claims filed or the aggregate amount claimed. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the division . [that will distribute the money to claimants entitled to restitution. The surety is then relieved of all liability under the bond.]

      5.  The division may bring an action for interpleader against all claimants upon the security. If it does so, the division must publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county where the organization has its principal place of business. The division is entitled to deduct its costs of the action, including publication costs, from the amount of the security. Claims against the security have equal priority. If the security is insufficient to pay the claims in full, they must be paid pro rata. In the case of a bond, the surety is then relieved of all liability under the bond.


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

ê1993 Statutes of Nevada, Page 1964 (Chapter 476, SB 499)ê

 

      6.  The division may, in lieu of bringing an action for interpleader pursuant to subsection 5, conduct a hearing to determine the distribution of the security to claimants. The division shall adopt regulations to provide for adequate notice and the conduct of the hearing. Distribution pursuant to this subsection relieves the surety of all liability under the bond.

      7.  Except as otherwise provided in subsection [9, the membership club] 11, the dance studio or health club shall maintain the bond in full force while it is doing business and shall keep accurate records of the bond and the payments made on the premium. These records must be open to inspection by the division during business hours. It shall notify the division no later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.

      [6.]8.  Except as otherwise provided in subsection [9,] 11, the division may apply for [a writ of mandate] injunctive relief to require the [membership] dance studio or health club to register or to deposit and maintain the security required by subsection 1.

      [7.]9.  If a [membership] dance studio or health club conducts any presale of [memberships,] dance lessons, the use of facilities or other services, the amount of the bond required by subsection 2 must be $100,000.

      [8.  A membership]

      10.  A dance studio or health club shall report to the division on a quarterly basis the size of its membership and shall, on the basis of any change in the size of that membership, adjust accordingly the amount of the bond, certificate of deposit or letter of credit deposited with the division.

      [9.]11.  If a [membership] dance studio or health club has actively conducted business for not less than 4 consecutive years and has not changed ownership or, in the case of a corporation, not more than 25 percent of its authorized shares have been transferred, it is not required to deposit a bond, letter of credit or certificate of deposit with the division pursuant to subsection 1. If a [membership] dance studio or health club does not deposit a bond, letter of credit or certificate of deposit, it shall obtain a written acknowledgment from each member and prominently post a notice on its premises stating that no security for refunds or reimbursement has been deposited with the State of Nevada.

      Sec. 25.  NRS 598.948 is hereby amended to read as follows:

      598.948  Each contract [for membership in a membership] between the buyer and the dance studio or health club must:

      1.  Be in writing, legible and have all spaces filled in before the buyer signs it;

      2.  Be in the language in which the sales presentation was given;

      3.  Contain the addresses of the buyer and the studio or club;

      4.  Be given to the buyer when he signs it;

      5.  Disclose whether security has been obtained and deposited with the division pursuant to NRS 598.946;

      6.  Specify the term of membership of the buyer, which must not be measured by the life of the buyer;

      7.  Clearly specify the right of the buyer to cancel the contract pursuant to NRS 598.950; [and]


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ê1993 Statutes of Nevada, Page 1965 (Chapter 476, SB 499)ê

 

      8  Not contain a clause by which the contract is automatically renewed [.] ; and

      9.  Specify the number of lessons and the cost of each lesson, if the contract is for dance lessons.

      Sec. 26.  NRS 598.950 is hereby amended to read as follows:

      598.950  A buyer may cancel a contract for [membership in a membership] dance lessons, the use of facilities or other services from a dance studio or health club within 3 business days after he receives a copy of the contract by notifying the studio or club in writing. The notice must be delivered in person or by mail postmarked by midnight of the third business day. The studio or club shall return all money paid by the buyer within 15 days after it receives the notice of cancellation.

      Sec. 27.  NRS 598.952 is hereby amended to read as follows:

      598.952  A [membership] dance studio or health club shall not make any false or misleading representation to the buyer or in its advertising. A contract for [membership in] services from a dance studio or health club is void and unenforceable if any false or misleading representation was made to the buyer.

      Sec. 28.  NRS 598.954 is hereby amended to read as follows:

      598.954  If a buyer becomes disabled during the term of a contract, and a physician confirms in writing to the [membership] dance studio or health club that:

      1.  The buyer is not physically able to use the facilities of the studio or club; and

      2.  The disability will continue for more than 3 months,

the buyer is entitled to suspend the contract for the duration of the disability. After he recovers, he is entitled to an extension of the contract for a period equal to the time of the disability. If he is permanently disabled, he may cancel the contract and receive a refund pro rata of the amount paid pursuant to it.

      Sec. 29.  NRS 598.956 is hereby amended to read as follows:

      598.956  1.  If a [membership] dance studio or health club is closed for more than 1 month, through no fault of the buyer, he is entitled to:

      (a) Extend the contract for a period equal to the time the studio or club is closed; or

      (b) Receive a refund pro rata of the amount paid pursuant to the contract.

      2.  If the dance studio or health club is closed without fault of its owner or management, the election of remedies under subsection 1 must be made by the studio or club. If the studio or club is closed because of the fault of its owner or management, the election must be made by the buyer.

      Sec. 30.  NRS 598.958 is hereby amended to read as follows:

      598.958  1.  If a [membership] dance studio or health club transfers its obligations to provide goods or services to a buyer to another studio or club that provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure of the goods and services provided by the new studio or club. If the buyer does not consent, his contract is rescinded and he must be given a refund pro rata upon the amount of time he was a member of the [membership] dance studio or health club.


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ê1993 Statutes of Nevada, Page 1966 (Chapter 476, SB 499)ê

 

      2.  If a [membership] dance studio or health club moves its place of business that is geographically closest to the residence of the buyer as set forth in the contract, more than 20 miles farther away from the residence of the buyer than it was when the contract for [membership] services was signed, the buyer may rescind the contract and the [membership] dance studio or health club shall provide a refund pro rata based upon the amount of time he was a member.

      Sec. 31.  NRS 598.960 is hereby amended to read as follows:

      598.960  If a [membership] dance studio or health club does not comply with the provisions of NRS 598.940 to 598.950, inclusive, or 598.954 to 598.966, inclusive, the buyer may agree in writing, after a full disclosure, to any correction of the defect if the correction is made within 30 days after he signs a contract for [membership.] dance lessons, the use of facilities or other services. If the buyer does not consent, or if the correction is not made within the 30-day period, the contract is rescinded and the buyer must be given a full refund.

      Sec. 32.  NRS 598.966 is hereby amended to read as follows:

      598.966  1.  The remedies, duties and prohibitions of NRS 598.940 to 598.966, inclusive, are not exclusive and are in addition to any other remedies provided by law.

      2.  Any violation of NRS 598.944 to 598.958, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.360 to 598.640, inclusive.

      Sec. 33.  NRS 598.080, 598.085, 598.270, 598.800, 598.805, 598.810, 598.815, 598.820, 598.825, 598.830, 598.835, 598.837, 598.925 and 598.964 are hereby repealed.

 

________

 

 

CHAPTER 477, SB 494

Senate Bill No. 494—Committee on Finance

CHAPTER 477

AN ACT relating to state welfare; revising the tax on hospitals; requiring certain counties to enter into agreements with the department of human resources for the provision of health care to indigent persons treated in certain counties; authorizing other counties and hospital districts to enter into certain agreements with the department; repealing the tax on providers of medical care; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

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 the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The director shall:

      1.  Apply for all waivers from federal law or regulation which are necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive, and section 3 of this act; and


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ê1993 Statutes of Nevada, Page 1967 (Chapter 477, SB 494)ê

 

      2.  If a waiver is denied or altered, take all appropriate steps to comply with the directives of the Federal Government.

      Sec. 3.  1.  A county whose population is 400,000 or more shall enter into an agreement with the department pursuant to which, in exchange for the payment of a specified amount, the department agrees to pay for the provision of medical treatment for indigent inpatients and outpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more.

      2.  A county whose population is 100,000 or more but less than 400,000 shall enter into an agreement with the department pursuant to which, in exchange for the payment of a specified amount, the department agrees to pay for the provision of medical treatment for indigent inpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more.

      3.  A county whose population is less than 100,000 may enter into an agreement with the department pursuant to which, in exchange for the payment of a specified amount, the department agrees to pay for the provision of medical treatment for indigent inpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more.

      4.  The amount paid by the county pursuant to an agreement with the department pursuant to subsection 1, 2 or 3 must not exceed the maximum amount authorized by the legislature.

      5.  Payment of the amount required pursuant to an agreement with the department pursuant to subsection 1 discharges the duty and releases the liability of the county to provide medical treatment for indigent inpatients and outpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more.

      6.  Payment of the amount required pursuant to an agreement with the department pursuant to subsection 2 or 3 discharges the duty and releases the liability of the county to provide medical treatment for indigent inpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more.

      Sec. 4.  NRS 422.380 is hereby amended to read as follows:

      422.380  As used in NRS 422.380 to 422.390, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

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

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

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

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

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

      (b) Expenses for capital improvements; and

      (c) Other operating expenses which the department determines to be directly related to the provision of care to patients.] “Medicare” has the meaning ascribed to in NRS 439B.130.


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ê1993 Statutes of Nevada, Page 1968 (Chapter 477, SB 494)ê

 

      Sec. 5.  NRS 422.383 is hereby amended to read as follows:

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

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

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

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

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

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

      3.  The] in the following manner to generate the amount of revenue authorized by the legislature:

      (a) The tax must be imposed at a rate established by the department on the billed charges to inpatients of the hospital, excluding Medicare patients. The amount generated pursuant to this paragraph must approximate but must not exceed 6 percent of the net revenue from inpatients for all of the hospitals subject to the tax.

      (b) If the amount generated pursuant to paragraph (a) is less than the amount authorized by the legislature, the department shall impose the tax at a rate established by the department on the billed charges to outpatients of the hospital, excluding Medicare patients. The amount generated pursuant to this paragraph must not exceed 6 percent of the net revenue from outpatients for all of the hospitals subject to the tax.

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

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

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

      6.  A hospital owned by a county government or a hospital district which as of July 1, 1993, has more than 45 beds shall make an intergovernmental transfer to the hospital tax and intergovernmental transfer account of an amount equal to the amount the hospital would have paid pursuant to the tax imposed by this section.


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ê1993 Statutes of Nevada, Page 1969 (Chapter 477, SB 494)ê

 

      7.  Except as otherwise provided in subsection 6, hospitals with 45 or fewer beds and hospitals owned by a federal, state or local government, including a hospital district, are exempt from the tax imposed by this section.

      Sec. 6.  NRS 422.385 is hereby amended to read as follows:

      422.385  1.  The allocations and payments required pursuant to NRS 422.387 must be made, to the extent allowed by the state plan for assistance to the medically indigent, from the Medicaid budget account.

      2.  The money in the hospital tax and intergovernmental transfer account must be transferred from that account to the Medicaid budget account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount generated by the tax imposed pursuant to NRS 422.383, including the amount contributed by the Federal Government to match that money, exceeds the amount authorized for expenditure by the department for the purposes specified in NRS 422.387, the department is authorized to expend the additional revenue in accordance with the provisions of [NRS 422.387.] the state plan for assistance to the medically indigent.

      Sec. 7.  NRS 422.387 is hereby amended to read as follows:

      422.387  1.  Before making the payments required or authorized by this section, the department shall allocate money for the administrative costs [of the Medicaid program.] necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive, and sections 2 and 3 of this act. The amount allocated for administrative costs must not exceed [$300,000] the amount authorized for expenditure by the legislature for this purpose in a fiscal year. The interim finance committee may adjust the amount allowed for administrative costs.

      2.  [After deducting the amount allocated pursuant to subsection 1, the department shall make payments to each hospital within 30 days after each payment of the tax imposed pursuant to NRS 422.383. Except as otherwise provided in this subsection, the amount paid to a hospital must at least equal the amount of the tax imposed pursuant to NRS 422.383 that was paid by the hospital in the preceding month plus $100,000 in each fiscal year. If the tax authorized pursuant to paragraph (c) of subsection 2 of NRS 422.383 is the only tax imposed pursuant to that subsection, the amount paid to a hospital must at least equal the amount of the tax that was paid by the hospital in the preceding 30 days. If the amount paid to a hospital pursuant to subsection 3 is less than the amount required by this subsection, the difference must be paid from the hospital tax account.

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

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

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

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


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ê1993 Statutes of Nevada, Page 1970 (Chapter 477, SB 494)ê

 

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

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

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

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

      5.  Except as otherwise provided in this subsection, the department shall, after making the allocation required by subsection 1, use approximately one-half of the money in the Medicaid budget account that is attributable to the tax imposed pursuant to NRS 422.383, including the amount contributed by the Federal Government to match that money but excluding the amount that represents the amount of the tax itself, for the purposes specified in subsection 3 and one-half for the purposes specified in subsection 4. The proportion of the amount in the Medicaid budget account used for the purposes specified in subsection 3 may be decreased by the department if such a decrease is required for approval of the state plan for assistance to the medically indigent by the Health Care Financing Administration.

      6.  A county or district hospital that borrows money to pay the tax imposed pursuant to NRS 422.383 may pledge the amount of money to be paid to the hospital pursuant to this section for payment of the loan.] The state plan for assistance to the medically indigent must provide for the payment of the maximum amount allowable under federal law and regulations as of July 1, 1993, to hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients, unless such payments are subsequently limited by federal law or regulation.

      3.  The department may amend the state plan for assistance to the medically indigent to modify the methodology for establishing the rates of payment to hospitals for inpatient services, except that such amendments must not reduce the total reimbursements to hospitals for such services.

      Sec. 8.  NRS 422.390 is hereby amended to read as follows:

      422.390  1.  The department [, through the welfare division,] shall adopt regulations concerning:

      (a) Procedures for the collection of the [taxes] tax imposed pursuant to NRS 422.383 . [and 422.389.]

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

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

      2.  The department shall adopt such other regulations as are necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive, and sections 2 and 3 of this act, including:

      (a) Regulations which change the rate of the tax imposed pursuant to NRS 422.383 if such a change is required by a federal law or regulation adopted pursuant thereto and does not exceed the maximum amount specified by law;


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ê1993 Statutes of Nevada, Page 1971 (Chapter 477, SB 494)ê

 

      (b) Regulations which maintain existing coverage for medical care for natural persons in a manner that prevents the transfer of responsibility for that medical care from the State of Nevada to a county government in this state;

      (c) Regulations which prevent diminishing in scope or quality the medical care provided to natural persons who qualified for such care pursuant to eligibility standards adopted by a county as of January 1, 1993;

      (d) Regulations which allow for a waiver of the tax imposed pursuant to NRS 422.383, either in whole or in part, for a financially distressed hospital, if such a waiver is authorized by federal law or regulation; and

      (e) Any other regulation which is required by a change in a federal law or regulation adopted pursuant thereto.

      3.  The department shall report to the interim finance committee quarterly concerning the provisions of NRS 422.380 to 422.390, inclusive [.] , and sections 2 and 3 of this act.

      Sec. 9.  NRS 428.010 is hereby amended to read as follows:

      428.010  1.  [To] Except as otherwise provided in section 3 of this act, to the extent that money may be lawfully appropriated by the board of county commissioners for this purpose pursuant to NRS 428.050, 428.285 and 450.425, every county shall provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident, lawfully resident therein, when those persons are not supported or relieved by their relatives or guardians, by their own means, or by state hospitals, or other state, federal or private institutions or agencies.

      2.  Except as otherwise provided in NRS 439B.330, the boards of county commissioners of the several counties shall establish and approve policies and standards, prescribe a uniform standard of eligibility, appropriate money for this purpose and appoint agents who will develop regulations and administer these programs to provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident.

      Sec. 10.  NRS 428.030 is hereby amended to read as follows:

      428.030  1.  When any person meets the uniform standards of eligibility established by the board of county commissioners or by NRS 439B.310, if applicable, then he is entitled to receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

      2.  [The] Except as otherwise provided in section 3 of this act, the board of county commissioners of the county of residence of indigent inpatients shall pay hospitals for the costs of treating those indigent inpatients and any nonresident indigent inpatients who fall sick in the county an amount which is not less than the payment required for providing the same treatment to patients pursuant to the state plan for assistance to the medically indigent, within the limits of money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

      3.  The board of county commissioners may:

      (a) Make contracts for the necessary maintenance of indigent persons;


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ê1993 Statutes of Nevada, Page 1972 (Chapter 477, SB 494)ê

 

      (b) Appoint such agents as the board deems necessary to oversee and provide the necessary maintenance of indigent persons;

      (c) Authorize the payment of cash grants directly to indigent persons for their necessary maintenance; or

      (d) Provide for the necessary maintenance of indigent persons by the exercise of the combination of one or more of the powers specified in paragraphs (a), (b) and (c).

      4.  A hospital may contract with the department of human resources to obtain the services of a state employee to be assigned to the hospital to evaluate the eligibility of patients applying for indigent status. Payment for those services must be made by the hospital.

      Sec. 11.  NRS 428.090 is hereby amended to read as follows:

      428.090  1.  When any nonresident or any other person who meets the uniform standards of eligibility prescribed by the board of county commissioners or by NRS 439B.310, if applicable, falls sick in the county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of money which may be lawfully appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.

      2.  If the sick person dies, the board of county commissioners shall give or order to be given to the person a decent burial or cremation.

      3.  [The] Except as otherwise provided in section 3 of this act, the board of county commissioners shall make such allowance for the person’s board, nursing, medical aid, burial or cremation as the board deems just and equitable, and order it paid out of the county treasury.

      4.  The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section is relieved to the extent of the amount of money or the value of services provided by:

      (a) The welfare division of the department of human resources to or for such persons for medical care or any type of remedial care under the state plan for assistance to the medically indigent; [and]

      (b) An agreement pursuant to section 3 of this act; and

      (c) The fund for hospital care to indigent persons under the provisions of NRS 428.115 to 428.255, inclusive.

      Sec. 12.  NRS 433A.680 is hereby amended to read as follows:

      433A.680  The expense of diagnostic, medical and surgical services furnished to a client admitted to a division mental health facility by persons not on the staff of the facility, whether rendered while the client is in a general hospital, an outpatient of a general hospital or treated outside any hospital, [shall] must be paid by the client, the guardian or relatives responsible for his care . [, or,] Except as otherwise provided in section 3 of this act, in the case of an indigent client or a client whose estate is inadequate to pay such expenses, [shall] the expenses must be a charge upon the county from which the admission to the division facility was made, if the client had, [prior to] before admission, been a resident of such county. [The] Except as otherwise provided in section 3 of this act, the expense of such medical and surgical services [shall] must not in any case be a charge against or paid by the State of Nevada, except when in the opinion of the administrative officer of the division mental health facility to which the client is admitted payment should be made for nonresident indigent clients and funds are authorized pursuant to NRS 433.374.


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ê1993 Statutes of Nevada, Page 1973 (Chapter 477, SB 494)ê

 

services [shall] must not in any case be a charge against or paid by the State of Nevada, except when in the opinion of the administrative officer of the division mental health facility to which the client is admitted payment should be made for nonresident indigent clients and funds are authorized pursuant to NRS 433.374.

      Sec. 13.  NRS 439B.330 is hereby amended to read as follows:

      439B.330  1.  Except as otherwise provided in NRS 439B.300 and subsection 2 of this section, each county shall use the definition of “indigent” in NRS 439B.310 to determine a person’s eligibility for medical assistance pursuant to chapter 428 of NRS, other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.

      2.  A board of county commissioners may, if it determines that a hospital within the county is serving a disproportionately large share of low-income patients:

      (a) Pay a higher rate to the hospital for treatment of indigent inpatients;

      (b) Pay the hospital for treatment of indigent inpatients whom the hospital would otherwise be required to treat without receiving compensation from the county; or

      (c) Both pay at a higher rate and pay for inpatients for whom the hospital would otherwise be uncompensated.

      3.  Each hospital which treats an indigent inpatient shall submit to the board of county commissioners of the county of residence of the patient a discharge form identifying the patient as a possible indigent and containing the information required by the department and the county to be included in all such forms.

      4.  The county which receives a discharge form from a hospital for an indigent inpatient shall verify the status of the patient [and] in accordance with the policy of the board of county commissioners. If the county has entered into an agreement with the department pursuant to section 3 of this act, the county shall determine the number of eligible inpatient days which were provided by the hospital, using eligibility standards in effect in the county on January 1, 1993, and report the number to the department. If the county has not entered into such an agreement, the county shall determine the amount which the hospital is entitled to receive.

      5.  A hospital aggrieved by a determination of a county regarding the indigent status of an inpatient may appeal the determination to the director or a person designated by the director to hear such an appeal. The decision of the director or the person he designates must be mailed by registered or certified mail to the county and the hospital. The decision of the director or the person he designates may be appealed to a court having general jurisdiction in the county within 15 days after the date of the postmark on the envelope in which the decision was mailed.

      [5.]6.  Except as otherwise provided in subsection 2 of this section , [and] subsection 3 of NRS 439B.320 [,] and section 3 of this act, if the county is the county of residence of the patient and the patient is indigent, the county shall pay to the hospital the amount required, within the limits of money which may lawfully be appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.


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ê1993 Statutes of Nevada, Page 1974 (Chapter 477, SB 494)ê

 

      [6.]7.  For the purposes of this section, the county of residence of the patient is the county of residence of that person before he was admitted to the hospital.

      Sec. 14.  Chapter 450 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, the board of trustees of a hospital district may enter into an interlocal agreement with the department of human resources pursuant to which the board transfers an agreed upon amount of money to the hospital tax and intergovernmental transfer account administered by the department of human resources pursuant to NRS 422.383.

      2.  Except as otherwise provided in subsection 3 or as limited by federal law, if the board enters into an agreement with the department and transfers the agreed upon amount to the hospital tax and intergovernmental transfer account, the department shall pay to the board, for each hospital established by the board, a specified amount for the treatment of a disproportionate share of indigent patients and other low-income patients, or pay for such treatment at an increased rate, or both. The amount paid to the board pursuant to such an agreement must be twice the amount transferred by the board.

      3.  A hospital district may not enter into an agreement pursuant to this section with respect to a hospital which as of July 1, 1993, has more than 45 beds.

      Sec. 15.  NRS 450.250 is hereby amended to read as follows:

      450.250  1.  The board of hospital trustees has the exclusive control of:

      (a) The expenditures of all money collected to the credit of the hospital fund.

      (b) The purchase of the site or sites.

      (c) The purchase or construction of any hospital building or buildings.

      (d) The supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased or set apart for that purpose.

      2.  With the approval of the board of county commissioners, the board of hospital trustees may lease buildings for medical purposes or for purposes of related health care activities.

      3.  All money received for the hospital must be deposited in the county treasury of the county in which the hospital is situated to the credit of the hospital fund . [, and] Except as otherwise provided in section 3 of this act, the money may be paid out only upon warrants drawn by the board of hospital trustees of the county or counties upon properly authenticated vouchers of the board of hospital trustees, after their approval by the county auditor, except that all money received for a hospital may be deposited in a separate account established and administered by the board of hospital trustees under the provisions of NRS 354.603.

      Sec. 16.  NRS 450.400 is hereby amended to read as follows:

      450.400  1.  When the privileges and use of the hospital are extended to a resident of another county who is reasonably believed to be indigent, as defined in NRS 439B.310, and who is:

      (a) Entitled under the laws of this state to relief, support, care, nursing, medicine or medical or surgical aid from the other county; or

      (b) Injured, maimed or falls sick in the other county, the governing head shall notify the board of county commissioners of that county within 3 working days after the person is admitted to that hospital.


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ê1993 Statutes of Nevada, Page 1975 (Chapter 477, SB 494)ê

 

the governing head shall notify the board of county commissioners of that county within 3 working days after the person is admitted to that hospital.

      2.  The notice must be in writing and addressed to the board of county commissioners of that county.

      3.  Except as otherwise provided in section 3 of this act, and except in the case of an injury suffered in a motor vehicle accident, the board of county commissioners receiving the notice shall cause the person to be removed immediately to that county, and shall pay a reasonable sum to the hospital for the temporary occupancy, care, nursing, medicine, and attendance, other than medical or surgical attendance, furnished to him.

      4.  [If] Except as otherwise provided in section 3 of this act, if the board of county commissioners neglects or refuses to remove the person, or if in the opinion of the attending physician it is not advisable to remove the person, the governing head has a legal claim against the county for all charges for occupancy, nursing, care, medicine, and attendance, other than medical or surgical attendance, necessarily furnished, and may recover those charges in a suit at law.

      Sec. 17.  NRS 450.420 is hereby amended to read as follows:

      450.420  1.  The board of county commissioners of the county in which a public hospital is located may determine whether patients presented to the public hospital for treatment are subjects of charity. Except as otherwise provided in NRS 439B.330, the board of county commissioners shall establish by ordinance criteria and procedures to be used in the determination of eligibility for medical care as medical indigents or subjects of charity.

      2.  The board of hospital trustees shall fix the charges for treatment of those persons able to pay for the charges, as the board deems just and proper. The board of hospital trustees may impose an interest charge of not more than 12 percent per annum on unpaid accounts. The receipts must be paid to the county treasurer and credited by him to the hospital fund. In fixing charges pursuant to this subsection the board of hospital trustees shall not include, or seek to recover from paying patients, any portion of the expense of the hospital which is properly attributable to the care of indigent patients.

      3.  Except as otherwise provided in subsection 4 of this section , [and] subsection 3 of NRS 439B.320 [,] and section 3 of this act, the county is chargeable with the entire cost of services rendered by the hospital and any salaried staff physician or employee to any person admitted for emergency treatment, including all reasonably necessary recovery, convalescent and follow-up inpatient care required for any such person as determined by the board of trustees of the hospital . [, but the] The hospital shall use reasonable diligence to collect the charges from the emergency patient or any other person responsible for his support. Any amount collected must be reimbursed or credited to the county.

      4.  The county is not chargeable with the cost of services rendered by the hospital or any attending staff physician or surgeon to the extent the hospital is reimbursed for those services pursuant to NRS 428.115 to 428.255, inclusive.

      Sec. 18.  NRS 450.550 is hereby amended to read as follows:

      450.550  As used in NRS 450.550 to 450.700, inclusive, and section 14 of this act, unless the context otherwise requires:


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

ê1993 Statutes of Nevada, Page 1976 (Chapter 477, SB 494)ê

 

      1.  “Board of trustees” means a board of hospital trustees elected pursuant to NRS 450.620.

      2.  “District hospital” means a hospital constructed, maintained and governed pursuant to NRS 450.550 to 450.700, inclusive.

      Sec. 19.  NRS 450.660 is hereby amended to read as follows:

      450.660  1.  At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy a tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise the amount so budgeted upon all property, both real and personal, subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized in this section must be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

      2.  When levied, the tax must be entered upon the assessment rolls and collected in the same manner as state and county taxes.

      3.  [When] Except as otherwise provided in section 14 of this act, when the tax is collected it must be placed in the treasury of the county to the credit of the current expense fund of the district, and must be used only for the purpose for which it was raised.

      Sec. 20.  NRS 422.389 is hereby repealed.

      Sec. 21.  The provisions of NRS 439B.320 do not apply for the fiscal year 1993-1994 or 1994-1995 if the provisions of NRS 422.383 are in effect for any part of the respective fiscal year.

      Sec. 22.  The maximum amount that the state may collect pursuant to the tax imposed by NRS 422.383, including intergovernmental transfers pursuant to that section in lieu of the tax, is:

      1.  For July 1, 1993, to June 30, 1994, $38,350,000.

      2.  For July 1, 1994, to July 1, 1995, $40,300,000.

      Sec. 23.  1.  The amount paid by Clark County pursuant to an agreement with the department of human resources which discharges the duty and releases the liability of the county to pay for the provision of medical treatment for indigent inpatients and outpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more must be $19,750,000 for the fiscal year 1993-1994 and $19,750,000 for the fiscal year 1994-1995.

      2.  The amount paid by Washoe County pursuant to an agreement with the department of human resources which discharges the duty and releases the liability of the county to pay for the provision of medical treatment for indigent inpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more must be $3,130,000 for the fiscal year 1993-1994 and $3,130,0000 for the fiscal year 1994-1995.

      3.  If a county other than Clark County or Washoe County enters into an agreement with the department of human resources which discharges the duty and releases the liability of the county to pay for the provision of medical treatment for indigent inpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more, the county shall pay to the department in both the fiscal year 1993-1994 and the fiscal year 1994-1995 an amount equal to the county’s expenditures in fiscal year 19911992 for medical treatment of indigent inpatients made to general hospitals located in counties whose population is 100,000 or more.


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

ê1993 Statutes of Nevada, Page 1977 (Chapter 477, SB 494)ê

 

1992 for medical treatment of indigent inpatients made to general hospitals located in counties whose population is 100,000 or more.

      Sec. 24.  Notwithstanding the provisions of subsection 3 of NRS 422.383, as amended by section 5 of this act, the payment of the tax imposed pursuant to that section for the month of July 1993 must be deferred and paid in 11 equal monthly installments from August 1993 through June 1994 with the tax payment for each of those months.

      Sec. 25.  1.  Except as otherwise provided in subsection 2, a county that enters into an agreement pursuant to section 3 of this act is released from liability pursuant to the agreement for any completed claim filed after June 30, 1993, with a discharge date on or before June 30, 1993.

      2.  The liability of a county that enters into an agreement pursuant to section 3 of this act for completed claims filed after June 30, 1995, with a discharge date on or before June 30, 1995, is limited to the amount for which the county was released from liability pursuant to subsection 1.

      3.  For the purposes of this section, a claim is “completed” when a county has received a final bill from a hospital and has all necessary information to determine whether the patient is indigent.

      Sec. 26.  The repeal of NRS 422.389 does not affect the obligation to pay the tax imposed pursuant to that section for services rendered before July 1, 1993, regardless of the date of payment for those services.

      Sec. 27.  1.  This act becomes effective on July 1, 1993.

      2.  Sections 1 to 19, inclusive, of this act, expire by limitation on:

      (a) The date on which federal law, regulation or policy causes the department of human resources to be unable to pay hospitals for the treatment of a disproportionate share of indigent patients and other low-income patients at least:

             (1) For July 1, 1993, to June 30, 1994, $65,000,000; and

             (2) For July 1, 1994, to June 30, 1995, $70,000,000; or

      (b) July 1, 1995,

whichever occurs earlier.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1978ê

 

CHAPTER 478, SB 484

Senate Bill No. 484—Senators Titus, Raggio, Brown, Adler, Callister, Coffin, Glomb, Hickey, Jacobsen, James, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Shaffer, Smith and Townsend

CHAPTER 478

AN ACT relating to trade practices; providing an additional civil penalty for deceptive trade practices which are directed toward an elderly or disabled person; providing an additional civil penalty for an unlawful solicitation by telephone which is directed toward an elderly or disabled person; creating a cause of action for an elderly or a disabled person who is a victim of such a practice or solicitation; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  “Disabled person” means a person who:

      1.  Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;

      2.  Has a record of such an impairment; or

      3.  Is regarded as having such an impairment.

      Sec. 3.  “Elderly person” means a person who is 65 years of age or older.

      Sec. 4.  1.  In any action brought pursuant to NRS 598.540 to 598.600, inclusive, if the court finds that a person has engaged in a deceptive trade practice directed toward an elderly or disabled person, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $10,000 for each violation.

      2.  In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:

      (a) The conduct of the person was in disregard of the rights of the elderly or disabled person;

      (b) The person knew or should have known that his conduct was directed toward an elderly or disabled person;

      (c) The elderly or disabled person was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly or disabled person;

      (d) The conduct of the person caused the elderly or disabled person to suffer actual and substantial physical, emotional or economic damage;

      (e) The conduct of the person caused the elderly or disabled person to suffer:

             (1) Mental or emotional anguish;

             (2) The loss of the primary residence of the elderly or disabled person;

             (3) The loss of the principal employment or source of income of the elderly or disabled person;

             (4) The loss of money received from a pension, retirement plan or governmental program;

             (5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;


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

ê1993 Statutes of Nevada, Page 1979 (Chapter 478, SB 484)ê

 

             (6) The loss of assets which are essential to the health and welfare of the elderly or disabled person; or

             (7) Any other interference with the economic well-being of the elderly or disabled person, including the encumbrance of his primary residence or principal source of income; or

      (f) Any other factors that the court deems to be appropriate.

      Sec. 5.  1.  Money collected from civil penalties imposed pursuant to section 4 of this act:

      (a) In an action brought by the attorney general, commissioner or director, must be deposited with the state treasurer and accounted for separately in the state general fund.

      (b) In an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

      2.  Money in the accounts created pursuant to subsection 1 must be used by the attorney general or the district attorney of the county, as appropriate, for:

      (a) The investigation and prosecution of deceptive trade practices against elderly or disabled persons; and

      (b) Programs for the education of consumers which are directed toward elderly or disabled persons, law enforcement officers, members of the judicial system, persons who provide social services and the general public.

      Sec. 6.  If an elderly or disabled person suffers damage or injury as a result of a deceptive trade practice, he or his legal representative, if any, may commence a civil action against any person who engaged in the practice to recover the actual damages suffered by the elderly or disabled person, punitive damages, if appropriate, and reasonable attorney’s fees. The collection of any restitution awarded pursuant to this section has a priority over the collection of any civil penalty imposed pursuant to section 4 of this act.

      Sec. 7.  NRS 598.360 is hereby amended to read as follows:

      598.360  As used in NRS 598.360 to 598.640, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 598.370 to 598.480, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 8.  Chapter 599B of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 12, inclusive, of this act.

      Sec. 9.  As used in sections 9 to 12, inclusive, of this act, unless the context otherwise requires:

      1.  “Disabled person” means a person who:

      (a) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;

      (b) Has a record of such an impairment; or

      (c) Is regarded as having such an impairment.

      2.  “Elderly person” means a person who is 65 years of age or older.

      Sec. 10.  1.  In any action brought pursuant to NRS 599B.250, if the court finds that a person has engaged in an unlawful solicitation by telephone directed toward an elderly or disabled person, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $10,000 for each violation.


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

ê1993 Statutes of Nevada, Page 1980 (Chapter 478, SB 484)ê

 

      2.  In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:

      (a) The conduct of the person was in disregard of the rights of the elderly or disabled person;

      (b) The person knew or should have known that his conduct was directed toward an elderly or disabled person;

      (c) The elderly or disabled person was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly or disabled person;

      (d) The conduct of the person caused the elderly or disabled person to suffer actual and substantial physical, emotional or economic damage;

      (e) The conduct of the person caused the elderly or disabled person to suffer:

             (1) Mental or emotional anguish;

             (2) The loss of the primary residence of the elderly or disabled person;

             (3) The loss of the principal employment or source of income of the elderly or disabled person;

             (4) The loss of money received from a pension, retirement plan or governmental program;

             (5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;

             (6) The loss of assets which are essential to the health and welfare of the elderly or disabled person; or

             (7) Any other interference with the economic well-being of the elderly or disabled person, including the encumbrance of his primary residence or principle source of income; or

      (f) Any other factors that the court deems to be appropriate.

      Sec. 11.  1.  Money collected from civil penalties imposed pursuant to section 10 of this act:

      (a) In an action brought by the attorney general, must be deposited with the state treasurer and accounted for separately in the state general fund.

      (b) In an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

      2.  Money in the accounts created pursuant to subsection 1 must be used by the attorney general or the district attorney of the county, as appropriate, for:

      (a) The investigation and prosecution of acts of unlawful solicitation by telephone against elderly or disabled persons; and

      (b) Programs for the education of consumers which are directed toward elderly or disabled persons, law enforcement officers, members of the judicial system, persons who provide social services and the general public.

      Sec. 12.  If an elderly or disabled person suffers damage or injury as a result of an unlawful solicitation by telephone, he or his legal representative, if any, may commence a civil action against any person who engaged in the solicitation to recover the actual damages suffered by the elderly or disabled person, punitive damages, if appropriate, and reasonable attorney’s fees. The collection of any restitution awarded pursuant to this section has a priority over the collection of any civil penalty imposed pursuant to section 10 of this act.


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

ê1993 Statutes of Nevada, Page 1981 (Chapter 478, SB 484)ê

 

collection of any restitution awarded pursuant to this section has a priority over the collection of any civil penalty imposed pursuant to section 10 of this act.

 

________

 

 

CHAPTER 479, SB 479

Senate Bill No. 479—Committee on Judiciary

CHAPTER 479

AN ACT relating to courts; authorizing a juvenile court to transfer a case involving a minor traffic offense to a justice’s or municipal court if the transfer is in the best interest of the child; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 62.040 is hereby amended to read as follows:

      62.040  1.  Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

      (a) Concerning any child living or found within the county who is in need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

      (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he commits an act designated a crime under the law of the State of Nevada except murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law.

      (c) Concerning any child in need of commitment to an institution for the mentally retarded.

      2.  [This chapter does not deprive justices’ courts and municipal courts in any county whose population is 400,000 or more of original jurisdiction to try juveniles charged with minor traffic violations but:] If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice’s or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:

      (a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and

      (b) [Those justices’ courts and municipal courts may, upon adjudication of guilt of the offenses, refer any juvenile to the juvenile court for disposition if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been a recommendation of imprisonment.


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

ê1993 Statutes of Nevada, Page 1982 (Chapter 479, SB 479)ê

 

the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been a recommendation of imprisonment. In all other cases prior consent of the judge of the juvenile division is required before reference to the juvenile court may be ordered. Any child charged in a justice’s court or municipal court pursuant to this subsection] The child must be accompanied at all proceedings by a parent or legal guardian.

With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.

 

________

 

 

CHAPTER 480, SB 467

Senate Bill No. 467—Committee on Commerce and Labor

CHAPTER 480

AN ACT relating to group insurance; prohibiting an insurer from canceling, failing to renew or renewing with altered terms a group life insurance policy unless written notice is given to the insured; changing the amount which may be paid as an extended disability benefit under a group health policy upon the death of the insured; requiring an employer to notify the insurer and his employees of his intent to change insurers or to terminate, reduce or modify substantially any benefit under a policy of group insurance under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 687B.420 is hereby amended to read as follows:

      687B.420  An insurer shall not cancel, fail to renew or renew with altered terms a policy or contract issued pursuant to chapter 688B, 689A, 689B, 689C, 695A, 695B, 695C , [or] 695D or 695F of NRS unless notice in writing of the proposal is given to the insured at least 60 days before the date the proposed action becomes effective. The notice must include, without limitation, any changes in specific rates by line of coverage.

      Sec. 2.  NRS 689B.050 is hereby amended to read as follows:

      689B.050  Any group health policy may provide for payment not exceeding [$500] three times the amount of the monthly benefit under the policy as an extended disability benefit upon the insured’s death from any cause . [, which benefit shall] The extended disability benefit must not be construed as life insurance.

      Sec. 3.  NRS 608.1577 is hereby amended to read as follows:

      608.1577  1.  An employer must notify his employees of his intent to accept a policy of group life, dental or health insurance which covers the employees.

      2.  If an employer is the policyholder of a policy of group life, dental or health insurance which covers his employees, he shall notify the insurer and employees of [:


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

ê1993 Statutes of Nevada, Page 1983 (Chapter 480, SB 467)ê

 

      (a) Any termination, reduction or substantial modification of benefits under the policy; and

      (b) Any change of insurer.] his intent to terminate, reduce or modify substantially any benefit under the policy, or to change insurers.

      3.  If an employer is the policyholder or contract holder under a policy or contract issued pursuant to chapter 689B, 689C, 695A, 695B, 695C , [or] 695D or 695F of NRS which provides benefits for his employees, he shall, if applicable, notify the employees of:

      (a) His inability to pay a premium when due; and

      (b) His intention to stop paying premiums.

      4.  Any notice required pursuant to this section must be:

      (a) Given at least 15 days before the:

             (1) Acceptance of, change in or termination of benefits or insurers; or

             (2) Next unpaid premium is due; and

      (b) Conspicuously posted at the place of employment or given in another manner which ensures that all employees will receive the information.

 

________

 

 

CHAPTER 481, SB 460

Senate Bill No. 460—Committee on Government Affairs

CHAPTER 481

AN ACT relating to municipal obligations; authorizing the sale of a call for purchase feature of municipal bonds; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 350 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A municipality may sell the right to call for purchase all or any part of an issuance of securities if, in the ordinance authorizing the issuance of the securities, it has:

      (a) Reserved the right to make the sale;

      (b) Provided the time during which a call may be exercised; and

      (c) Provided the price of the purchase.

      2.  The municipality shall set forth the price and other terms for the sale of the right to call the security in the ordinance authorizing the issuance of the security or a supplemental ordinance adopted before or at the time of the sale of a right to call the security.

      3.  The owner of the right to call the security may call it only as provided in the ordinance authorizing the issuance of the security or in an ordinance supplemental thereto. A supplemental ordinance must not amend the time during which a call may be exercised or the price of the purchase.

      4.  The municipality may purchase its own security pursuant to a right to call the security for purchase. A call for purchase must be in accordance with the price and other terms for the purchase set forth in the ordinance authorizing the issuance of the security or in an ordinance supplemental thereto.


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

ê1993 Statutes of Nevada, Page 1984 (Chapter 481, SB 460)ê

 

the price and other terms for the purchase set forth in the ordinance authorizing the issuance of the security or in an ordinance supplemental thereto. A supplemental ordinance must not amend the time during which a call may be exercised or the price of the purchase. Such a purchase by a municipality does not discharge the indebtedness evidenced by the security unless the municipality cancels the security so purchased.

      Sec. 2.  NRS 350.500 is hereby amended to read as follows:

      350.500  NRS 350.500 to 350.720, inclusive, and section 1 of this act, may be cited as the Local Government Securities Law.

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

 

________

 

 

CHAPTER 482, SB 454

Senate Bill No. 454—Senator Nevin

CHAPTER 482

AN ACT relating to motor carriers; clarifying the procedure to be used to appeal certain assessments imposed by the department of motor vehicles and public safety; revising the method used to calculate the amount of the bond a special fuel dealer must provide; clarifying the provision concerning temporary licenses for certain motor carriers; establishing a minimum credit which must accrue before the department may issue a refund; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 366.405 is hereby amended to read as follows:

      366.405  1.  If the department is not satisfied with the records or statements of, or with the amount of tax paid by, any person pursuant to the provisions of this chapter, it may make an additional or estimated assessment of tax due from that person based upon any information available to it. Every additional or estimated assessment bears interest at the rate of 2 percent per month, or fraction thereof, from the date the additional assessment is imposed until paid. 2.  If any part of a deficiency for which an additional assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of this chapter or the regulations of the department adopted pursuant to those provisions, a penalty of 10 percent of the amount of the additional assessment must be added thereto. If any part of the deficiency is found to be caused by fraud or an intent to evade the provisions of this chapter or the regulations adopted pursuant to those provisions, a penalty of 25 percent of the amount of the additional assessment must be added thereto.

      3.  The department shall give the person written notice of the additional assessment. The notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to the person at his address as it appears in the records of the department. Except for reports filed pursuant to subsection 3 of NRS 366.140, every notice of additional assessment proposed to be assessed pursuant to the provisions of this chapter must be served within 36 months after the claimed erroneous report was filed.


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

ê1993 Statutes of Nevada, Page 1985 (Chapter 482, SB 454)ê

 

this chapter must be served within 36 months after the claimed erroneous report was filed.

      4.  If a special fuel user or special fuel dealer refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary to enable it to determine that the amount of tax paid by the user or dealer is correct, the additional or estimated assessment made pursuant to the provisions of this section is presumed to be correct and the burden is upon the person challenging the assessment to establish that it is erroneous.

      5.  Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department in writing for a redetermination within 30 days after service of the notice. If a petition is not filed with the department within that period, the assessment becomes final.

      6.  If a petition for redetermination is filed within 30 days, the department shall reconsider the assessment and [, if the petitioner so requests, grant him an oral hearing and give him 10 days’ notice of the time and place of the hearing.] send the petitioner, by certified mail, notice of its decision and the reasons therefor. A petitioner aggrieved by the department’s decision may appeal the decision by submitting a written request to the department for such a hearing not later than 30 da