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ê1999 Statutes of Nevada, Page 77ê

 

CHAPTER 34, SB 158

Senate Bill No. 158–Committee on Finance

 

CHAPTER 34

 

AN ACT relating to the Nevada athletic commission; authorizing the commission to recover certain costs associated with the issuance or reinstatement of a license; expanding the circumstances under which such costs may be recovered if disciplinary action is taken by the commission; making an appropriation; and providing other matters properly relating thereto.

 

[Approved April 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 467 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in NRS 467.158, upon receipt of an application and the payment of a penalty prescribed by the commission, not to exceed $250,000, the commission may reinstate a revoked license.

    2.  In addition to the penalty required by subsection 1, the commission may require the applicant to:

    (a) Pay the costs of the proceedings associated with the reinstatement of the license, including investigative costs and attorney’s fees; and

    (b) Deposit with the commission such an amount of money as the commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including investigative costs and attorney’s fees, the commission shall refund the excess amount to the applicant upon the completion of the proceedings.

    Sec. 2.  NRS 467.100 is hereby amended to read as follows:

    467.100  1.  All contestants, promoters, managers, seconds, trainers and ring officials must be licensed by the commission. No person may participate, directly or indirectly, in any professional contest or exhibition of unarmed combat unless he has first procured a license from the commission.

    2.  The commission shall fix a uniform scale of license fees.

    3.  In addition to the license fees required by subsection 2, the commission may require an applicant for a license to:

    (a) Pay the costs of the proceedings associated with the issuance of the license, including investigative costs and attorney’s fees; and

    (b) Deposit with the commission such an amount of money as the commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including investigative costs and attorney’s fees, the commission shall refund the excess amount to the applicant upon the completion of the proceedings.

    4.  It is a violation of this chapter for any person to participate, directly or indirectly, as stated in subsection 1, unless he has been granted a license therefor.

    Sec. 3.  NRS 467.158 is hereby amended to read as follows:

    467.158  1.  [Except as otherwise provided in subsections 3 and 4, upon receipt of an application and the payment of a penalty prescribed by the commission, not to exceed $250,000, the commission may reinstate a revoked license.


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ê1999 Statutes of Nevada, Page 78 (Chapter 34, SB 158)ê

 

commission, not to exceed $250,000, the commission may reinstate a revoked license.

    2.]  If disciplinary action is taken against a person pursuant to this chapter and the disciplinary action does not relate to a contest or exhibition of unarmed combat as provided in subsection [3,] 2, the commission may, in lieu of revoking a license, prescribe a penalty not to exceed $250,000.

    [3.] 2.  If disciplinary action is taken against a person pursuant to this chapter, including, but not limited to, a hearing for the revocation of a license, and the disciplinary action relates to:

    (a) The preparation for a contest or an exhibition of unarmed combat;

    (b) The occurrence of a contest or an exhibition of unarmed combat; or

    (c) Any other action taken in conjunction with a contest or an exhibition of unarmed combat,

the commission may prescribe a penalty pursuant to subsection [4.] 3.

    [4.] 3.  A penalty prescribed by the commission pursuant to subsection [3:] 2:

    (a) Must not exceed $250,000 or 100 percent of the share of the purse to which the holder of the license is entitled for the contest or exhibition, whichever amount is greater; and

    (b) May be imposed in addition to or in lieu of any other disciplinary action that is taken against the person by the commission.

    [5.  If a penalty is imposed pursuant to this section,]

    4.  If disciplinary action is taken against a person pursuant to this chapter, the commission may require the person against whom such action is taken to pay the costs of the proceeding, including investigative costs and attorney’s fees . [, may be recovered by the commission.]

    Sec. 4.  There is hereby appropriated from the state general fund to the Nevada Athletic Commission the sum of $18,596 for unanticipated expenses. This appropriation is supplemental to that made by section 22 of chapter 244, Statutes of Nevada 1997, at page 858.

    Sec. 5.  This act becomes effective upon passage and approval.

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CHAPTER 35, AB 113

Assembly Bill No. 113–Committee on Commerce and Labor

 

CHAPTER 35

 

AN ACT relating to health care records; expanding the circumstances under which a provider of health care is required to make health care records available for inspection by an investigator for the attorney general or a grand jury; and providing other matters properly relating thereto.

 

[Approved April 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 629.061 is hereby amended to read as follows:

    629.061  1.  Each provider of health care shall make the health care records of a patient available for physical inspection by:


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ê1999 Statutes of Nevada, Page 79 (Chapter 35, AB 113)ê

 

    (a) The patient or a representative with written authorization from the patient;

    (b) An investigator for the attorney general or a grand jury investigating an alleged violation of NRS 200.495, 200.5091 to 200.50995, inclusive, or 422.540 to 422.570, inclusive;

    (c) An investigator for the attorney general investigating an alleged violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive, or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of benefits for industrial insurance; or

    (d) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. If the records are located outside this state, the provider shall make any records requested pursuant to this section available in this state for inspection within 10 working days after the request.

    2.  The provider of health care shall also furnish a copy of the records to each person described in subsection 1 who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health and care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.

    3.  Each person who owns or operates an ambulance in this state shall make his records regarding a sick or injured patient available for physical inspection by:

    (a) The patient or a representative with written authorization from the patient; or

    (b) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.

    4.  Records made available to a representative or investigator must not be used at any public hearing unless:

    (a) The patient named in the records has consented in writing to their use; or

    (b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.

    5.  Subsection 4 does not prohibit:

    (a) A state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.


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allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.

    (b) The attorney general from using health care records in the course of a civil or criminal action against the patient or provider of health care.

    6.  A provider of health care or owner or operator of an ambulance, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

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

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CHAPTER 36, SB 278

Senate Bill No. 278–Committee on Finance

 

CHAPTER 36

 

AN ACT making a supplemental appropriation to the fund for class-size reduction for additional anticipated expenses; and providing other matters properly relating thereto.

 

[Approved April 8, 1999]

 

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 fund for class-size reduction, created by NRS 388.730, the sum of $15,440,452 for additional anticipated expenses. This appropriation is supplemental to that made by section 2 of chapter 245, Statutes of Nevada 1997, at page 868.

    Sec. 2.  Any remaining balance of the supplemental appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

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

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ê1999 Statutes of Nevada, Page 81ê

 

CHAPTER 37, AB 174

Assembly Bill No. 174–Committee on Taxation

 

CHAPTER 37

 

AN ACT relating to local governmental finances; authorizing the board of county commissioners of Douglas County to impose a local sales and use tax for libraries, airports, facilities and services for senior citizens and parks and recreational programs and facilities; conforming a similar definition provision in the Carson City Charter; authorizing the board of county commissioners of Douglas County to issue bonds and other securities to fund libraries, airports and facilities and services for senior citizens; and providing other matters properly relating thereto.

 

[Approved April 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  This act may be cited as the Douglas County Sales and Use Tax Act of 1999.

    Sec. 2.  The legislature hereby finds and declares that:

    1.  The enactment of the Douglas County Lodgers Tax Law, chapter 639, Statutes of Nevada 1969, at page 1250, provided Douglas County with a unique means to finance airport, recreational and combined facilities by the imposition and collection of an occupancy tax;

    2.  The enactment of the Tahoe-Douglas Visitor’s Authority Act, chapter 496, Statutes of Nevada 1997, at page 2375, redirected the expenditure of the revenue from the occupancy tax from airport, recreational and combined facilities to the promotion of tourism and the construction and operation of a convention center in the Tahoe Township of Douglas County;

    3.  The Tahoe-Douglas Visitor’s Authority Act made no provision for an additional tax to replace the revenue from the occupancy tax needed to finance airport, recreational and combined facilities in Douglas County;

    4.  A majority of the voters in Douglas County approved at the 1998 primary election an increase in the sales tax of one-quarter of 1 percent for the acquisition, development, operation and maintenance of libraries, airports and facilities and services for senior citizens and for the operation and maintenance of parks and recreational programs and facilities;

    5.  The necessity for this act results from:

    (a) The small, but growing, population of Douglas County;

    (b) Its geographical location on the border of the densely populated State of California and on a portion of Lake Tahoe;

    (c) Its natural tourist attractions and its availability to tourists; and

    (d) Its atypical financial problems resulting from the foregoing and other singular factors;

    6.  A general law cannot be made applicable to the purposes, objects, powers, rights, privileges, immunities, liabilities, duties and disabilities provided in this act because of the demographic, economic and geographic diversity of the local governments of this state, the unique growth patterns occurring in Douglas County and the special financial conditions experienced in the county related to the need to acquire, develop, operate and maintain libraries, airports, and facilities and services for senior citizens and to operate and maintain parks and recreational programs and facilities; and


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ê1999 Statutes of Nevada, Page 82 (Chapter 37, AB 174)ê

 

    7.  The powers, rights, privileges, immunities, liabilities, duties and disabilities provided in this act comply in all respects with any requirement or limitation pertaining thereto and imposed by any constitutional provisions.

    Sec. 3.  Except as otherwise provided in this act or unless the context otherwise requires, terms used or referred to in this act have the meanings ascribed to them in chapter 374 of NRS, as from time to time amended, but the definitions in sections 4 to 16, inclusive, of this act, unless the context otherwise requires, govern the construction of this act.

    Sec. 4.  “Act” means the Douglas County Sales and Use Tax Act of 1999.

    Sec. 5.  “Airport” means an airport or airports and air navigation facilities that are owned, acquired, developed, operated and maintained by the county pursuant to chapter 496 of NRS, as from time to time amended.

    Sec. 6.  “Board” means the board of county commissioners of Douglas County.

    Sec. 7.  “County” means Douglas County.

    Sec. 8.  “County treasurer” means the county treasurer of Douglas County.

    Sec. 9.  “Department” means the department of taxation created pursuant to NRS 360.120.

    Sec. 10.  “Facility for senior citizens” means personal property and improvements to real property that are designed to meet the recreational, cultural, leisure or nutritional needs of senior citizens, or any combination thereof, and all appurtenant or customary facilities and uses associated therewith.

    Sec. 11.  “Library” means:

    1.  A county library established, operated and maintained by the county pursuant to NRS 379.010; and

    2.  A district library established, operated and maintained by the county pursuant to NRS 379.021.

    Sec. 12.  “Park” means real property and any improvements made thereon that are designed to serve the cultural, leisure, recreational and outdoor needs of natural persons.

    Sec. 13.  “Recreational facility” means personal property and improvements to real property for athletic, cultural and leisure activities and all appurtenant or customary facilities and uses associated therewith.

    Sec. 14.  “Recreational program” means a program that is designed to provide athletic, cultural or leisure activities to members of the general public.

    Sec. 15.  “Senior citizen” means a person who:

    1.  Is 65 years of age or older; or

    2.  Has a physical or mental limitation that restricts his ability to provide for his recreational, cultural, leisure or nutritional needs.

    Sec. 16.  “Services for senior citizens” means services that are designed to meet the recreational, cultural, leisure or nutritional needs of senior citizens.

    Sec. 17.  1.  The board may enact an ordinance imposing a local sales and use tax to:


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ê1999 Statutes of Nevada, Page 83 (Chapter 37, AB 174)ê

 

    (a) Acquire, develop, construct, equip, operate, maintain, improve and manage libraries, airports, and facilities and services for senior citizens located in the county; and

    (b) Operate and maintain parks and recreational programs and facilities located in the county.

    2.  Annually, the board shall allocate the proceeds from the tax imposed pursuant to this section from the preceding fiscal year, the interest and other income earned on those proceeds, and any amount carried forward pursuant to subsection 3, among the uses set forth in subsection 1 and include those allocations in the final budget adopted by the board pursuant to NRS 354.598. The proceeds from the tax, including interest and other income earned thereon, must be used in accordance with those allocations.

    3.  At the end of a fiscal year, the proceeds from the tax, including interest and other income earned thereon, not expended or otherwise obligated for the purposes set forth in this section, must be carried forward and become part of the total proceeds of the tax, including interest and other income earned thereon, available in the next fiscal year.

    4.  The board of county commissioners shall, before submitting to the legislature any request to change the uses for the proceeds from the tax authorized by this section, including interest and other income earned thereon, submit an advisory question to the voters of the county pursuant to NRS 293.482, asking whether the uses for the proceeds from the tax should be so changed. The board shall not submit such a request to the legislature if a majority of the voters in the county disapprove the proposed change.

    Sec. 18.  An ordinance enacted pursuant to this act, except an ordinance authorizing the issuance of bonds or other securities, must include provisions in substance as follows:

    1.  A provision imposing a tax of not more than one-quarter 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.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

    3.  A provision that an amendment to chapter 374 of NRS enacted after the effective date of the ordinance, not inconsistent with this act, automatically becomes part of the ordinance imposing the tax.

    4.  A provision that the board shall contract before the effective date of the ordinance with the department to perform all the functions incident to the administration or operation of the tax in the county.

    5.  A provision that exempts from the tax the gross receipts from the sale of tangible personal property used for the performance of a written contract for the construction of an improvement to real property:

    (a) That was entered into on or before the effective date of the tax; or

    (b) For which a binding bid was submitted before that date if the bid was afterward accepted,

and pursuant to the terms of the contract or bid, the contract price or bid amount may not be adjusted to reflect the imposition of the tax.

    Sec. 19.  An ordinance amending an ordinance enacted pursuant to this act, except an ordinance authorizing the issuance of bonds or other securities, must include a provision in substance that the board shall amend a contract made pursuant to subsection 4 of section 18 of this act by a contract made between the board and the department before the effective date of the amendatory ordinance, unless the board determines with the written concurrence of the department that no such amendment of the contract is needed.


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ê1999 Statutes of Nevada, Page 84 (Chapter 37, AB 174)ê

 

made pursuant to subsection 4 of section 18 of this act by a contract made between the board and the department before the effective date of the amendatory ordinance, unless the board determines with the written concurrence of the department that no such amendment of the contract is needed.

    Sec. 20.  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the county pursuant to this act must be paid to the department in the form of remittances payable to the department.

    2.  The department shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.

    3.  The state controller, acting upon the collection data furnished by the department, shall monthly:

    (a) Transfer from the sales and use tax account to the appropriate account in the state general fund a percentage of all fees, taxes, interest and penalties collected pursuant to this act during the preceding month as compensation to the state for the cost of collecting the tax. The percentage to be transferred pursuant to this paragraph must be the same percentage as the percentage of proceeds transferred pursuant to paragraph (a) of subsection 3 of NRS 374.785, but the percentage must be applied to the proceeds collected pursuant to this act only.

    (b) Determine the amount equal to all fees, taxes, interest and penalties collected in or for the county pursuant to this act during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).

    (c) Transfer the amount determined pursuant to paragraph (b) to the intergovernmental fund and remit the money to the county treasurer.

    Sec. 21.  The department may redistribute any proceeds from the tax, interest or penalty collected pursuant to this act which is determined to be improperly distributed, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the department obtains knowledge of the improper distribution.

    Sec. 22.  1.  The county treasurer shall deposit money received from the state controller pursuant to paragraph (c) of subsection 3 of section 20 of this act into the county treasury for credit to the fund created for the use of the proceeds from the tax authorized by this act.

    2.  The fund of the county created for the use of the proceeds from the tax authorized by this act must be accounted for as a separate fund and not as a part of any other fund.

    Sec. 23.  1.  Money to acquire, develop, construct, equip, improve and manage libraries, airports, and facilities and services for senior citizens located in the county may be obtained:

    (a) By the issuance of bonds and other securities as provided in subsection 3, subject to any pledges, liens and other contractual limitations made pursuant to this act;

    (b) By direct distribution from the fund created pursuant to section 22 of this act; or

    (c) By both the issuance of such securities and by direct distribution,

as the board may determine appropriate.


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ê1999 Statutes of Nevada, Page 85 (Chapter 37, AB 174)ê

 

    2.  Money to operate and maintain libraries, airports, facilities and services for senior citizens, parks and recreational programs and facilities located in the county may be obtained by direct distribution from the fund created pursuant to section 22 of this act.

    3.  The board may, after the enactment of the ordinance imposing the tax, from time to time, issue bonds and other securities, which are general or special obligations of the county and that may be secured as to principal and interest by a pledge of the proceeds from the tax authorized by this act.

    4.  An ordinance authorizing the issuance of such a bond or other security must describe the purpose for which the bond or other security is issued.

    Sec. 24.  1.  To acquire, develop, construct, equip, improve and manage libraries, airports, and facilities and services for senior citizens located in the county, the board may issue:

    (a) General obligation bonds;

    (b) General obligation bonds for which payment is additionally secured by a pledge of the proceeds of the tax imposed pursuant to this act, and if so determined by the board, further secured by a pledge of the gross or net revenues derived from the operation of libraries, airports or facilities and services for senior facilities or any other project of the county which produces income, or from any license fees or other excise taxes imposed for revenue by the county, or otherwise, as may be legally made available for payment of the bonds;

    (c) Revenue bonds for which payment is solely secured by a pledge of the proceeds of the tax imposed pursuant to this act, and if so determined by the board, further secured by a pledge of the gross or net revenues derived from the operation of the libraries, airports or facilities for senior citizens or any other project of the county which produces income, or from any license fees or other excise taxes imposed for revenue by the county, or otherwise, as may be legally made available for payment of the bonds; and

    (d) Medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.

    2.  Money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated for the purposes of subsection 3 of NRS 350.020 as pledged revenue for the uses authorized by this act.

    Sec. 25.  The board shall not repeal or amend or otherwise directly or indirectly modify the ordinance imposing the tax authorized by this act in such a manner as to impair an outstanding bond issued pursuant to this act, or other obligations incurred pursuant to this act, until all obligations for which revenue from an ordinance have been pledged or otherwise made payable from such revenue pursuant to this act have been discharged in full or provision for full payment and redemption has been made.

    Sec. 26.  In a proceeding arising from an ordinance imposing a tax pursuant to this act, the department may act for and on behalf of the county.

    Sec. 27.  1.  The powers conferred by this act are in addition and supplemental to, and not in substitution for, the powers conferred by any other law and the limitations imposed by this act do not affect the powers conferred by any other law.


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ê1999 Statutes of Nevada, Page 86 (Chapter 37, AB 174)ê

 

    2.  This act must not be construed to prevent the exercise of any power granted by any other law to the county or any officer, agent or employee of the county.

    3.  This act must not be construed to repeal or otherwise affect any other law or part thereof.

    4.  This act is intended to provide a separate method of accomplishing the objectives of the act, but not an exclusive method.

    5.  If any provision of this act, or application thereof to any person, thing or circumstance is held invalid, the invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

    Sec. 28.  Section 8A.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 16, Statutes of Nevada 1997, at page 42, is hereby amended to read as follows:

     Sec. 8A.010  Definitions.  Except as otherwise provided in this article or where the context otherwise requires, terms used or referred to in this article have the meanings ascribed to them in chapter [372] 374 of NRS, as from time to time amended; but the definitions in sections 8A.020 to 8A.060, inclusive, except where the context otherwise requires, govern the construction of this article.

    Sec. 29.  This act becomes effective upon passage and approval.

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CHAPTER 38, AB 275

Assembly Bill No. 275–Assemblymen Neighbors and de Braga

 

Joint Sponsor: Senator McGinness

 

CHAPTER 38

 

AN ACT relating to hospital districts; providing for the dissolution of hospital districts in certain smaller counties; and providing other matters properly relating thereto.

 

[Approved April 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 450 of NRS is hereby amended by adding thereto a new section to read as follows:

    In a county whose population is less than 400,000:

    1.  If, after a hearing, the board of county commissioners determines that the dissolution of a hospital district is necessary, the board shall by resolution provide for the dissolution of the hospital district. On and after the filing of the resolution with the county recorder, the hospital district shall be deemed dissolved.

    2.  Before dissolving a hospital district pursuant to subsection 1, the board of county commissioners shall determine whether the proceeds from the taxes currently being levied in the district, if any, for the operation of the hospital and the repayment of debt are sufficient to repay any outstanding obligations of the hospital district within a reasonable period after the


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ê1999 Statutes of Nevada, Page 87 (Chapter 38, AB 275)ê

 

after the dissolution of the district. If there are no taxes currently being levied for the hospital district or the taxes being levied are not sufficient to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the district, before dissolving the district pursuant to subsection 1 the board of county commissioners may levy a property tax on all of the taxable property in the district that is sufficient, when combined with any revenue from taxes currently being levied in the district, to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the district. The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to any additional property tax levied pursuant to this subsection. If the hospital district is being managed by the department of taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the rate levied pursuant to this subsection must not be included in the total ad valorem tax levy for the purposes of the application of the limitation in NRS 361.453 but the rate levied when combined with all other overlapping rates levied in the state must not exceed $4.50 on each $100 of assessed valuation. The board of county commissioners shall discontinue any rate levied pursuant to this subsection on a date that will ensure that no taxes are collected for this purpose after the outstanding obligations of the hospital district have been paid in full.

    3.  If, at the time of the dissolution of the hospital district, there are any outstanding loans, bonded indebtedness or other obligations of the hospital district, including, without limitation, unpaid obligations to organizations such as the public employees’ retirement system, unpaid salaries or unpaid loans made to the hospital district by the county, the taxes being levied in the district at the time of dissolution must continue to be levied and collected in the same manner as if the hospital district had not been dissolved until all outstanding obligations of the district have been paid in full, but for all other purposes the hospital district shall be deemed dissolved from the time the resolution is filed pursuant to subsection 1.

    4.  If the hospital district is being managed by the department of taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the management ceases upon dissolution but the board of county commissioners shall continue to make such financial reports to the department of taxation as the department deems necessary until all outstanding obligations of the hospital district have been paid in full.

    5.  The property of the dissolved hospital district may be retained by the board of county commissioners for use as a hospital or disposed of in any manner the board deems appropriate. Any proceeds of the sale or other transfer of the property of the dissolved hospital district and any proceeds from taxes which had been levied and received by the hospital district before dissolution, whether levied for operating purposes or for the repayment of debt, must be used by the board of county commissioners to repay any indebtedness of the hospital district.

    Sec. 2.  NRS 354.59811 is hereby amended to read as follows:

    354.59811  Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425, 540A.265 and 543.600 [,] and section 1 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:


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after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

    1.  The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

    2.  This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

    Sec. 3.  NRS 354.695 is hereby amended to read as follows:

    354.695  1.  As soon as practicable after taking over the management of a local government, the department shall, with the approval of the committee:

    (a) Establish and implement a management policy and a financing plan for the local government;

    (b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;

    (c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;

    (d) Establish an accounting system and separate bank accounts, if necessary, to receive and expend all money and assets of the local government;

    (e) Impose such hiring restrictions as deemed necessary after considering the recommendations of the financial manager;

    (f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the department deems necessary;


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ê1999 Statutes of Nevada, Page 89 (Chapter 38, AB 275)ê

 

    (g) Negotiate and approve all collective bargaining contracts to be entered into by the local government, except issues submitted to a factfinder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;

    (h) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;

    (i) Employ such technicians as are necessary for the improvement of the financial condition of the local government;

    (j) Meet with the creditors of the local government and formulate a debt liquidation program;

    (k) Approve the issuance of bonds or other forms of indebtedness by the local government;

    (l) Discharge any of the outstanding debts and obligations of the local government; and

    (m) Take any other actions necessary to ensure that the local government provides the basic services for which it was created in the most economical and efficient manner possible.

    2.  The department may provide for reimbursement from the local government for the expenses it incurs in managing the local government. If such reimbursement is not possible, the department may request an allocation by the interim finance committee from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.

    3.  The governing body of a local government which is being managed by the department pursuant to this section may make recommendations to the department or the financial manager concerning the management of the local government.

    4.  Each state agency, board, department, commission, committee or other entity of the state shall provide such technical assistance concerning the management of the local government as is requested by the department.

    5.  The department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection 1.

    6.  [Once] Except as otherwise provided in section 1 of this act, once the department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to NRS 354.725.

    Sec. 4.  NRS 361.453 is hereby amended to read as follows:

    361.453  Except as otherwise provided in NRS 354.705 [,] and section 1 of this act, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.

    Sec. 5.  This act becomes effective upon passage and approval.

________

 


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ê1999 Statutes of Nevada, Page 90ê

 

CHAPTER 39, AB 2

Assembly Bill No. 2–Committee on Education

 

CHAPTER 39

 

AN ACT relating to the transportation of pupils; revising provisions governing the authority of the boards of trustees of school districts to purchase tickets for the transportation of pupils on public buses; authorizing fully regulated carriers to provide reduced rates to the boards of trustees of school districts for the transportation of pupils; and providing other matters properly relating thereto.

 

[Approved April 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 392.330 is hereby amended to read as follows:

    392.330  1.  In addition to the purposes authorized by NRS 392.320, a board of trustees may use transportation funds of the school district for:

    (a) Arranging and paying for transportation, in accordance with subsection 2, by motor vehicles or otherwise, by contract or such other arrangement as the board of trustees finds most economical, expedient and feasible and for the best interests of the school district.

    (b) Purchasing tickets at reduced rates for the transportation of pupils, including, without limitation, homeless pupils, on public buses for use by pupils enrolled in middle school, junior high school and high school to travel to and from school.

    2.  [Such transportation] Transportation may be arranged and contracted for by a board of trustees with:

    (a) Any railroad company holding a certificate of public convenience and necessity issued by the public utilities commission of Nevada or bus company or other licensed common carrier holding a certificate of public convenience and necessity issued by the transportation services authority.

    (b) The owners and operators of private automobiles or other private motor vehicles, including parents of pupils who attend school and are entitled to transportation. When required by the board of trustees, every such private automobile or other private motor vehicle regularly transporting pupils must be insured in the amount required by regulation of the state board against the loss and damage described in subsection 2 of NRS 392.320.

    Sec. 2.  NRS 706.351 is hereby amended to read as follows:

    706.351  1.  It is unlawful for:

    (a) A fully regulated carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.

    (b) Any person other than those specifically enumerated in this section to receive any pass, frank, free or reduced rates for transportation.

    2.  This section does not prevent the carriage, storage or hauling free or at reduced rates of passengers or property for charitable organizations or purposes for the United States, the State of Nevada or any political subdivision thereof.

    3.  This chapter does not prohibit a fully regulated common carrier from giving free or reduced rates for transportation of persons to:


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ê1999 Statutes of Nevada, Page 91 (Chapter 39, AB 2)ê

 

    (a) Its own officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by it, and members of their families.

    (b) Inmates of hospitals or charitable institutions and persons over 60 years of age.

    (c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.

    (d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.

    (e) Persons providing relief in cases of common disaster.

    (f) Attendants of livestock or other property requiring the care of an attendant, who must be given return passage to the place of shipment, if there is no discrimination among shippers of a similar class.

    (g) Officers, agents, employees or members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, if there is an interchange of free or reduced rates for transportation.

    (h) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.

    (i) Students of institutions of learning [.] , including, without limitation, homeless students, whether the free or reduced rate is given directly to a student or to the board of trustees of a school district on behalf of a student.

    (j) Groups of persons participating in a tour for a purpose other than transportation.

    4.  This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:

    (a) Their officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.

    (b) Witnesses attending any legal investigations in which such carriers are interested.

    (c) Persons providing relief in cases of common disaster.

    (d) Charitable organizations providing food and items for personal hygiene to needy persons or to other charitable organizations within this state.

    5.  This section does not prohibit the authority from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the authority to be in the public interest.

    6.  Only fully regulated common carriers may provide free or reduced rates for the transportation of passengers or household goods, pursuant to the provisions of this section.

    7.  As used in this section, “employees” includes:

    (a) Furloughed, pensioned and superannuated employees.

    (b) Persons who have become disabled or infirm in the service of such carriers.

    (c) Persons who are traveling to enter the service of such a carrier.

    Sec. 3.  This act becomes effective on July 1, 1999.

________


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ê1999 Statutes of Nevada, Page 92ê

 

CHAPTER 40, AB 58

Assembly Bill No. 58–Assemblyman Beers

 

CHAPTER 40

 

AN ACT relating to the sale of real estate; authorizing licensed real estate broker-salesmen and real estate salesmen to use additional terms to refer to their licensed status; requiring certain information to be included in advertisements by licensees; and providing other matters properly relating thereto.

 

[Approved April 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  A person licensed as a real estate salesman may use the term “real estate salesman,” “real estate saleswoman” or “real estate salesperson” in the course of doing business.

    2.  A person licensed as a real estate broker-salesman may use the term “real estate broker-salesman,” “real estate broker-saleswoman” or “real estate broker-salesperson” in the course of doing business.

    Sec. 3.  1.  In any advertisement through which a licensee offers to perform services for which a license is required pursuant to this chapter, the licensee shall:

    (a) If he is a real estate broker, disclose the name of any brokerage under which he does business; or

    (b) If he is a real estate broker-salesman or real estate salesman, disclose the name of the broker with whom he is associated.

    2.  A real estate broker-salesman or real estate salesman shall not advertise solely under his own name when acting in the capacity as a broker-salesman or salesman. All such advertising must be under the direct supervision of and in the name of the broker with whom the broker-salesman or salesman is associated.

________

 


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ê1999 Statutes of Nevada, Page 93ê

 

CHAPTER 41, AB 20

Assembly Bill No. 20–Committee on Judiciary

 

CHAPTER 41

 

AN ACT relating to the state judicial department; clarifying that judges of municipal courts and justices of the peace may not seek reelection if they were previously removed or retired from any judicial office; clarifying that a justice of the supreme court, district court judge, justice of the peace or municipal court judge is not ineligible to be a candidate for judicial office if a decision to remove or retire him from judicial office is pending appeal before the supreme court or has been overturned by the supreme court; and providing other matters properly relating thereto.

 

[Approved April 19, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 1.4653 is hereby amended to read as follows:

    1.4653  1.  The commission may remove, censure or impose other forms of discipline on a justice or judge if the commission determines that the justice or judge:

    (a) Has committed willful misconduct;

    (b) Has willfully or persistently failed to perform the duties of his office; or

    (c) Is habitually intemperate.

[A justice or judge removed pursuant to this subsection may not, unless the supreme court overturns the removal upon appeal, thereafter seek or hold judicial office within this state.]

    2.  The commission may censure or impose other forms of discipline on a justice or judge if the commission determines that the justice or judge has violated one or more of the provisions of the Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate.

    3.  The commission may retire a justice or judge if the commission determines that:

    (a) The advanced age of the justice or judge interferes with the proper performance of his judicial duties; or

    (b) The justice or judge suffers from a mental or physical disability that prevents the proper performance of his judicial duties and is likely to be permanent in nature.

    4.  As used in this section:

    (a) “Habitual intemperance” means the chronic, excessive use of alcohol or another substance that affects mental processes, awareness or judgment.

    (b) “Willful misconduct” includes:

         (1) Conviction of a felony or of a misdemeanor involving moral turpitude;

         (2) A knowing or deliberate violation of one or more of the provisions of the Nevada Code of Judicial Conduct;

         (3) A knowing or deliberate act or omission in the performance of judicial or administrative duties that:

             (I) Involves fraud or bad faith or amounts to a public offense; and

             (II) Tends to corrupt or impair the administration of justice in a judicial proceeding; and


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ê1999 Statutes of Nevada, Page 94 (Chapter 41, AB 20)ê

 

         (4) Knowingly or deliberately swearing falsely in testimony before the commission or in documents submitted under oath to the commission.

    Sec. 2.  NRS 2.020 is hereby amended to read as follows:

    2.020  1.  A person shall not be a candidate for or be eligible to the office of justice of the supreme court:

    [1.] (a) Unless he has attained the age of 25 years.

    [2.] (b) Unless he is an attorney licensed and admitted to practice law in the courts of this state.

    [3.] (c) Unless he is a qualified elector and has been a bona fide resident of this state for 2 years next preceding the election or appointment.

    [4.] (d) If he has ever been removed from any judicial office by the legislature or removed or retired from any judicial office by the commission on judicial discipline.

    2.  For the purposes of this section, a person shall not be ineligible to be a candidate for the office of justice of the supreme court if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.

    Sec. 3.  NRS 3.060 is hereby amended to read as follows:

    3.060  1.  A person shall not be a candidate for or be eligible to the office of district judge:

    [1.] (a) Unless he has attained the age of 25 years.

    [2.] (b) Unless he is an attorney licensed and admitted to practice law in the courts of this state.

    [3.] (c) Unless he is a qualified elector and has been a bona fide resident of this state for 2 years next preceding the election or appointment.

    [4.] (d) If he has ever been removed from any judicial office by the legislature or removed or retired from any judicial office by the commission on judicial discipline.

    2.  For the purposes of this section, a person shall not be ineligible to be a candidate for the office of district judge if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.

    Sec. 4.  NRS 4.010 is hereby amended to read as follows:

    4.010  1.  A person [who is] shall not be a [qualified elector is not] candidate for or be eligible to the office of justice of the peace [.] unless he is a qualified elector and has never been removed or retired from any judicial office by the commission on judicial discipline. For the purposes of this subsection, a person shall not be ineligible to be a candidate for the office of justice of the peace if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.

    2.  A justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state. A justice of the peace in a township whose population is less than 250,000 must have a high school diploma or its equivalent as determined by the state board of education.

    3.  Subsection 2 does not apply to any person who held the office of justice of the peace on June 30, 1987.


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ê1999 Statutes of Nevada, Page 95 (Chapter 41, AB 20)ê

 

    Sec. 5.  NRS 5.020 is hereby amended to read as follows:

    5.020  1.  Except as otherwise provided in subsection 2, each municipal judge must be chosen by the electors of the city within which the municipal court is established on a day to be fixed by the governing body of that city. He shall hold his office for 1 year, unless a longer period is fixed by the charter of the city, in which case he shall hold his office for that longer period. Before entering upon his duties , a municipal judge shall take the constitutional oath of office. A municipal judge must:

    (a) Be a citizen of [the] this state;

    (b) Except as otherwise provided in the charter of a city organized under a special charter, have been a bona fide resident of the city for not less than 1 year next preceding his election; [and]

    (c) Be a qualified elector in the city [.] ; and

    (d) Not have ever been removed or retired from any judicial office by the commission on judicial discipline.

    2.  The governing body of a city, with the consent of the board of county commissioners and the justice of the peace, may provide that a justice of the peace of the township in which the city is located is ex officio the municipal judge of the city.

    3.  For the purposes of this section, a person shall not be ineligible to be a candidate for the office of municipal judge if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.

    Sec. 6.  NRS 5.023 is hereby amended to read as follows:

    5.023  1.  The governing body of the city shall select a number of persons it determines appropriate to comprise a panel of substitute municipal judges. The persons selected must not have ever been removed or retired from any judicial office by the commission on judicial discipline and must be:

    (a) Members in good standing of the State Bar of Nevada;

    (b) Adult residents of the city; or

    (c) Justices of the peace of the county.

    2.  Whenever a municipal judge is disqualified from acting in a case pending in the municipal court or is unable to perform his duties because of his temporary sickness or absence, he shall, if necessary, appoint a person from the panel of substitute municipal judges to act in his place.

    3.  A person so appointed must take and subscribe to the official oath before acting as a municipal judge pro tempore. While acting in that capacity, he is entitled to receive a per diem salary set by the governing body. The annual sum expended for salaries of municipal judges pro tempore must not exceed the amount budgeted for that expense by the governing body.

    4.  If an appointment of a municipal judge pro tempore becomes necessary and the municipal judge fails or is unable to make the appointment, the mayor shall make the appointment from the panel of substitute municipal judges.

    5.  For the purposes of this section, a person shall not be ineligible to be a candidate for the office of municipal judge pro tempore if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.

________


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ê1999 Statutes of Nevada, Page 96ê

 

CHAPTER 42, AB 85

Assembly Bill No. 85–Committee on Judiciary

 

CHAPTER 42

 

AN ACT relating to crimes against property; making various changes to provisions concerning a merchant taking a person into custody and detaining him; and providing other matters properly relating thereto.

 

[Approved April 19, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 597.850 is hereby amended to read as follows:

    597.850  1.  As used in this section and in NRS 597.860 and 597.870:

    (a) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.

    (b) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises.

    (c) “Premises” means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.

    2.  Any merchant may request any person on his premises to place or keep in full view any merchandise the person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant is criminally or civilly liable on account of having made such a request.

    3.  Any merchant who has reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. A merchant is presumed to have reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him if the merchant observed the person concealing merchandise while on the premises. Such taking into custody and detention by a merchant does not render the merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.

    4.  No merchant is entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:

 

    Any merchant or his agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages.


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ê1999 Statutes of Nevada, Page 97 (Chapter 42, AB 85)ê

 

guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 597.850, 597.860 and 597.870.

 

The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing division of the department of administration. The superintendent may charge a fee based on the cost for each copy of the notice supplied to any person.

________

 

CHAPTER 43, AB 305

Assembly Bill No. 305–Committee on Health and Human Services

 

CHAPTER 43

 

AN ACT relating to mental health; changing the name of the mental hygiene and mental retardation division of the department of human resources and the commission on mental health and mental retardation; changing the name of certain budget accounts and facilities of the division; and providing other matters properly relating thereto.

 

[Approved April 22, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 433.003 is hereby amended to read as follows:

    433.003  The legislature hereby declares that it is the intent of this Title:

    1.  To eliminate [both] the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness or mental retardation, by any method other than a separate judicial proceeding resulting in a determination of incompetency, wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated; and

    2.  To charge the [mental hygiene and mental retardation division,] division of mental health and developmental services, and the division of child and family services, of the department with recognizing their duty to act in the best interests of their respective clients by placing them in the least restrictive environment.

    Sec. 2.  NRS 433.024 is hereby amended to read as follows:

    433.024  “Administrator” means the administrator of the [mental hygiene and mental retardation] division.

    Sec. 3.  NRS 433.047 is hereby amended to read as follows:

    433.047  “Commission” means the commission on mental health and [mental retardation.] developmental services.

    Sec. 4.  NRS 433.084 is hereby amended to read as follows:

    433.084  “Division” means the [mental hygiene and mental retardation] division of mental health and developmental services of the department.

    Sec. 5.  NRS 433.233 is hereby amended to read as follows:

    433.233  1.  The division facilities providing mental health services are designated as:

    (a) Nevada mental health institute;

    (b) [Las Vegas mental health center;


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ê1999 Statutes of Nevada, Page 98 (Chapter 43, AB 305)ê

 

    (c) Henderson mental health center;

    (d) Reno mental health center;

    (e)] Southern Nevada adult mental health services;

    (c) Rural clinics; and

    [(f) The program for mentally disordered offenders.]

    (d) Lakes Crossing center.

    2.  The division facilities providing services for mentally retarded persons are designated as:

    (a) Desert [developmental center; and] regional center;

    (b) Sierra [developmental center.] regional center; and

    (c) Rural regional center.

    3.  Division facilities established after July 1, 1981, must be named by the administrator, subject to the approval of the director of the department.

    Sec. 6.  NRS 433.279 is hereby amended to read as follows:

    433.279  1.  The division shall carry out a vocational and educational program for the certification of mental health-mental retardation technicians, including forensic technicians:

    (a) Employed by the division, or other employees of the division who perform similar duties, but are classified differently.

    (b) Employed by the division of child and family services of the department.

The program must be carried out in cooperation with the University and Community College System of Nevada.

    2.  A mental health-mental retardation technician is responsible to the director of the service in which his duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental health-mental retardation technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.

    3.  The division shall adopt regulations to carry out the provisions of this section.

    4.  As used in this section, “mental health-mental retardation technician” means an employee of the [mental hygiene and mental retardation] division of mental health and developmental services or the division of child and family services who, for compensation or personal profit, [implements] carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of mentally ill, emotionally disturbed or mentally retarded persons, and who has direct responsibility for:

    (a) Administering or [implementing] carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable clients to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or

    (b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of clients, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the clients.


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

ê1999 Statutes of Nevada, Page 99 (Chapter 43, AB 305)ê

 

    Sec. 7.  NRS 433.431 is hereby amended to read as follows:

    433.431  As used in this section and NRS 433.434, 433.444 and 433.454, unless the context otherwise requires:

    1.  “Client” means any person who seeks, on his own or another’s initiative, and can benefit from care, treatment or training in a division facility.

    2.  “Division facility” means any unit or subunit operated by:

    (a) The [mental hygiene and mental retardation] division of mental health and developmental services of the department for the care, treatment and training of clients; or

    (b) The division of child and family services of the department pursuant to NRS 433B.010 to 433B.350, inclusive.

    Sec. 8.  NRS 433.461 is hereby amended to read as follows:

    433.461  “Facility” means any:

    1.  Unit or subunit operated by the [mental hygiene and mental retardation] division of mental health and developmental services of the department for the care, treatment and training of clients.

    2.  Unit or subunit operated by the division of child and family services of the department pursuant to NRS 433B.010 to 433B.350, inclusive.

    3.  Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of clients.

    Sec. 9.  NRS 433.484 is hereby amended to read as follows:

    433.484  Each client admitted for evaluation, treatment or training to a facility has the following rights [,] concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the client by such additional means as prescribed by regulation:

    1.  To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:

    (a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:

         (1) The client if he is 18 years of age or over or legally emancipated and competent to give that consent, and from his legal guardian, if any;

         (2) The parent or guardian of a client under 18 years of age and not legally emancipated; or

         (3) The legal guardian of a client of any age who has been adjudicated mentally incompetent;

    (b) An informed consent requires that the person whose consent is sought be adequately informed as to:

         (1) The nature and consequences of the procedure;

         (2) The reasonable risks, benefits and purposes of the procedure; and

         (3) Alternative procedures available;

    (c) The consent of a client as provided in paragraph (b) may be withdrawn by the client in writing at any time with or without cause;


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ê1999 Statutes of Nevada, Page 100 (Chapter 43, AB 305)ê

 

    (d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any client who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in the initiation of emergency medical care or treatment would endanger the health of the client and if the treatment is immediately entered into the client’s record of treatment, subject to the provisions of paragraph (e); and

    (e) If the proposed emergency medical care or treatment is deemed by the chief medical officer of the facility to be unusual, experimental or generally occurring infrequently in routine medical practice, the chief medical officer shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.

    2.  To be free from the application of any mechanical restraint, except if prescribed by a physician. If so prescribed, the restraint must be removed whenever the condition justifying its use no longer exists, and any use of a mechanical restraint, together with the reasons therefor, must be made a part of the client’s record of treatment.

    3.  To consent to his transfer from one facility to another, except that the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department or his designee, or the administrator of the division of child and family services of the department or his designee, may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the client in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the client’s record of treatment and immediately forward a notice of the objection to the administrator who ordered the transfer, and the commission shall review the transfer pursuant to subsection 3 of NRS 433.534.

    4.  Other rights concerning care, treatment and training as may be specified by regulation of the commission.

    Sec. 10.  NRS 433.524 is hereby amended to read as follows:

    433.524  1.  A client may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if:

    (a) The client voluntarily agrees to perform the labor;

    (b) Engaging in the labor is not inconsistent with and does not interfere with the plan of services for the client;

    (c) The person responsible for the client’s treatment agrees to the plan of labor; and

    (d) The amount of time or effort necessary to perform the labor is not excessive.

In no event may discharge or privileges be conditioned upon the performance of such labor.

    2.  A client who performs labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone must be adequately compensated and the compensation must be in accordance with applicable state and federal labor laws.


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    3.  A client who performs labor other than that described in subsection 2 must be compensated an adequate amount if an economic benefit to another person or agency results from his labor.

    4.  The administrative officer of the facility may provide for compensation of a resident when he performs labor not governed by subsection 2 or 3.

    5.  This section does not apply to labor of a personal housekeeping nature or to labor performed as a condition of residence in a small group living arrangement.

    6.  One-half of any compensation paid to a client pursuant to this section is exempt from collection or retention as payment for services rendered by the [mental hygiene and mental retardation] division of mental health and developmental services of the department or its facilities, or by the division of child and family services of the department or its facilities. Such an amount is also exempt from levy, execution, attachment, garnishment or any other remedies provided by law for the collection of debts.

    Sec. 11.  NRS 433.538 is hereby amended to read as follows:

    433.538  As used in this section and NRS 433.539 to 433.543, inclusive, unless the context otherwise requires:

    1.  “Administrative officer” means a person with overall executive and administrative responsibility for a division facility.

    2.  “Client” means any person who seeks, on his own or another’s initiative, and can benefit from care, treatment or training in a division facility.

    3.  “Division facility” means any unit or subunit operated by:

    (a) The [mental hygiene and mental retardation] division of mental health and developmental services of the department for the care, treatment and training of clients; or

    (b) The division of child and family services of the department pursuant to NRS 433B.010 to 433B.350, inclusive.

    Sec. 12.  NRS 433A.010 is hereby amended to read as follows:

    433A.010  The provisions of this chapter apply to all mental health centers of the [mental hygiene and mental retardation] division of mental health and developmental services of the department and of the division of child and family services of the department. Such provisions apply to private institutions and facilities offering mental health services only when specified in the context.

    Sec. 13.  NRS 433A.013 is hereby amended to read as follows:

    433A.013  “Administrator” means:

    1.  Except as otherwise provided in subsection 2, the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department.

    2.  Regarding the provision of services for the mental health of children pursuant to NRS 433B.010 to 433B.350, inclusive, the administrator of the division of child and family services of the department.


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    Sec. 14.  NRS 433A.015 is hereby amended to read as follows:

    433A.015  “Division” means:

    1.  Except as otherwise provided in subsection 2, the [mental hygiene and mental retardation] division of mental health and developmental services of the department.

    2.  Regarding the provision of services for the mental health of children pursuant to NRS 433B.010 to 433B.350, inclusive, the division of child and family services of the department.

    Sec. 15.  NRS 433A.016 is hereby amended to read as follows:

    433A.016  “Division facility” means:

    1.  Except as otherwise provided in subsection 2, any unit or subunit operated by the [mental hygiene and mental retardation] division of mental health and developmental services of the department for the care, treatment and training of clients.

    2.  Any unit or subunit operated by the division of child and family services of the department pursuant to NRS 433B.010 to 433B.350, inclusive.

    Sec. 16.  NRS 433A.017 is hereby amended to read as follows:

    433A.017  “Medical director” means the chief medical officer of any program of the division [for mental health or mental retardation.] of mental health and developmental services of the department.

    Sec. 17.  NRS 433A.440 is hereby amended to read as follows:

    433A.440  1.  If any person involuntarily court-admitted to any division facility pursuant to NRS 433A.310 is found by the court not to be a resident of [the State of Nevada] this state and to be a resident of another [place,] state, he may be transferred to the state of his residence pursuant to NRS 433.444 if an appropriate institution of that state is willing to accept him.

    2.  The approval of the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department must be obtained before any transfer is made pursuant to subsection 1.

    Sec. 18.  NRS 433B.090 is hereby amended to read as follows:

    433B.090  “Person professionally qualified in the field of psychiatric mental health” means:

    1.  A psychiatrist licensed to practice medicine in [the State of Nevada] this state and certified by the American Board of Psychiatry and Neurology;

    2.  A psychologist licensed to practice in this state;

    3.  A social worker who holds a master’s degree in social work, is licensed by the state as a clinical social worker and is employed by the division;

    4.  A registered nurse who:

    (a) Is licensed to practice professional nursing in this state;

    (b) Holds a master’s degree in the field of psychiatric nursing; and

    (c) Is employed by the division or the [mental hygiene and mental retardation] division of mental health and developmental services of the department; or

    5.  A marriage and family therapist licensed pursuant to chapter 641A of NRS.


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    Sec. 19.  NRS 433B.130 is hereby amended to read as follows:

    433B.130  1.  The administrator shall:

    (a) Administer, in accordance with the policies established by the commission, the programs of the division for the mental health of children.

    (b) Appoint the administrative personnel necessary to operate the programs of the division for the mental health of children. The commission must approve the credentials, training and experience of deputy administrators and administrative officers appointed for this purpose.

    (c) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.

    2.  If the administrator finds that it is necessary or desirable that any employee reside at a facility operated by the division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the governor.

    3.  The administrator may accept children referred to the division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

    4.  The administrator may enter into agreements with the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department for the care and treatment of clients of the division of child and family services at any facility operated by the division of mental [hygiene and mental retardation division.] health and developmental services.

    Sec. 20.  NRS 433B.140 is hereby amended to read as follows:

    433B.140  The administrator shall:

    1.  Comply with any agreements made by the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department pursuant to NRS 433.444; and

    2.  Accept for admission to a division facility any resident child of this state for whom written permission for return and admission to a division facility was given by the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department pursuant to NRS 433.444.

    Sec. 21.  NRS 433B.190 is hereby amended to read as follows:

    433B.190  1.  The division shall adopt regulations to:

    (a) Provide for a more detailed definition of abuse of a client, consistent with the general definition given in NRS 433B.340;

    (b) Provide for a more detailed definition of neglect of a client, consistent with the general definition given in NRS 433B.340; and

    (c) Establish policies and procedures for reporting the abuse or neglect of a client.

    2.  The regulations adopted pursuant to this section must, to the extent possible and appropriate, be consistent with the regulations adopted by the [mental hygiene and mental retardation] division of mental health and developmental services of the department pursuant to NRS 433.331.

    Sec. 22.  NRS 176.156 is hereby amended to read as follows:

    176.156  1.  The division shall disclose to the district attorney, the counsel for the defendant and the defendant the factual content of the report of the presentence investigation and the recommendations of the division and afford an opportunity to each party to object to factual errors and comment on the recommendations.


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afford an opportunity to each party to object to factual errors and comment on the recommendations.

    2.  Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to a law enforcement agency of this state or a political subdivision thereof and to a law enforcement agency of the Federal Government for the limited purpose of performing their duties, including, but not limited to, conducting hearings that are public in nature.

    3.  Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources for the limited purpose of performing its duties, including, without limitation, evaluating the mental health of:

    (a) A sex offender as defined in NRS 213.107; or

    (b) An offender who has been determined to be mentally ill,

to provide any report or information to the division.

    4.  Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to the state gaming control board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.

    5.  Except for the disclosures required by subsections 1 to 4, inclusive, the report and its sources of information are confidential and must not be made a part of any public record.

    Sec. 23.  NRS 178.415 is hereby amended to read as follows:

    178.415  1.  Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, or other person who is especially qualified by the division of mental [hygiene and mental retardation] health and developmental services of the department of human resources, to examine the defendant.

    2.  At a hearing in open court, the judge shall receive the report of the examination and shall permit counsel for both sides to examine the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may introduce other evidence and cross-examine one another’s witnesses.

    3.  The court shall then make and enter its finding of competence or incompetence.

    Sec. 24.  NRS 178.425 is hereby amended to read as follows:

    178.425  1.  If the court finds the defendant incompetent, and that he is dangerous to himself or to society or that commitment is required for a determination of his ability to attain competence, the judge shall order the sheriff to convey him forthwith, together with a copy of the complaint, the commitment and the physicians’ certificate, if any, into the custody of the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources for detention and treatment at a secure facility operated by [the mental hygiene and mental retardation] that division.


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    2.  The defendant must be held in such custody until a court orders his release or until he is returned for trial or judgment as provided in NRS 178.450 to 178.465, inclusive.

    3.  If the court finds the defendant incompetent but not dangerous to himself or to society, and finds that commitment is not required for a determination of the defendant’s ability to attain competence, the judge shall order the defendant to report to the administrator as an outpatient for treatment, if it might be beneficial, and for a determination of his ability to attain competence. The court may require the defendant to give bail for his periodic appearances before the administrator.

    4.  Except as otherwise provided in subsection 5, proceedings against the defendant must be suspended until the sanity commission or, if the defendant is charged with a misdemeanor, the judge finds him capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.400.

    5.  Whenever the defendant has been found incompetent, with no substantial probability of attaining competency in the foreseeable future, and released from custody or from obligations as an outpatient pursuant to paragraph (d) of subsection 3 of NRS 178.460, the proceedings against the defendant which were suspended must be dismissed. No new charge arising out of the same circumstances may be brought after a period, equal to the maximum time allowed by law for commencing a criminal action for the crime with which the defendant was charged, has lapsed since the date of the alleged offense.

    Sec. 25.  NRS 178.435 is hereby amended to read as follows:

    178.435  The expenses of the examination and of the transportation of the defendant to and from the custody of the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources are in the first instance chargeable to the county or city from which he has been sent. But the county or city may recover the money from the estate of the defendant, from a relative legally bound to care for him or from the county or city of which he is a resident.

    Sec. 26.  NRS 178.450 is hereby amended to read as follows:

    178.450  1.  The administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources shall keep each defendant committed to his custody under NRS 178.425 or 178.460 under observation and shall have each defendant who has been ordered to report to him as an outpatient under those sections evaluated periodically.

    2.  The administrator shall notify in writing a judge of the court which committed the person and the prosecuting attorney of the county or city to which the person may be returned for further court action whether , in his opinion, upon medical consultation, the defendant is of sufficient mentality to be able to understand the nature of the criminal charge against him and, by reason thereof, is able to aid and assist his counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter. The administrator shall submit such a notification, in the case of a person charged or convicted of a misdemeanor, within 3 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection 3 of NRS 178.460, and at monthly intervals thereafter.


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recommitment pursuant to paragraph (b) of subsection 3 of NRS 178.460, and at monthly intervals thereafter. In all other cases, the initial notification must be submitted within 6 months after the order and at 6-month intervals thereafter. If the administrator’s opinion about the defendant is that he is not of sufficient mentality to understand the nature of the charge against him and assist in his own defense, the administrator shall also include in the notice his opinion whether:

    (a) There is a substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and

    (b) The defendant is at that time a danger to himself or to society.

    3.  The notice may be informal, but must contain:

    (a) The name of the defendant and the county or city to which he may be returned for further court action.

    (b) The circumstances under which he was committed to the custody of the administrator and the duration of his hospitalization, or the circumstances under which he was ordered to report to the administrator as an outpatient.

    Sec. 27.  NRS 178.455 is hereby amended to read as follows:

    178.455  1.  The judge, upon receiving the written notice of the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources that the defendant is of sufficient mentality to be placed upon trial or receive pronouncement of judgment, or that he is not of sufficient mentality and there is no substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future, shall, except as otherwise provided in subsection 4, within a period [of] not to exceed 20 days, impanel a sanity commission composed of three persons, each of whom is a psychiatrist or psychologist, but not including members of the medical staff of the [mental hygiene and mental retardation division,] division of mental health and developmental services, who , in the opinion of the judge , are qualified to examine the person with respect to his mental condition.

    2.  The sanity commission shall, within 20 days, examine the person designated by the judge in the order impaneling the commission, at such convenient place as the commission may direct. Upon the completion of the examination , the commission shall return to the judge its reports in writing, which must be signed by the respective members of the commission and contain, [among other things,] without limitation, specific findings and opinion upon:

    (a) Whether the person is of sufficient mentality to understand the nature of the offense charged;

    (b) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced; and

    (c) If the person is not of sufficient mentality pursuant to paragraphs (a) and (b) to be placed upon trial or receive pronouncement of judgment, whether there is a substantial probability that he will attain competency in the foreseeable future.


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ê1999 Statutes of Nevada, Page 107 (Chapter 43, AB 305)ê

 

    3.  Members of the sanity commission shall report individually. Copies of the reports must be sent to the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services to be incorporated in the medical record of the person, to the office of the district attorney, and to the counsel for the outpatient or person committed.

    4.  In the case of a person charged or convicted of a misdemeanor, the judge shall, upon receipt of the notice set forth in NRS 178.450 from the administrator of the [mental health and mental retardation division:] division of mental health and developmental services:

    (a) Send a copy of the administrator’s notice to the prosecuting attorney and to the defendant’s counsel;

    (b) Without the assistance of a sanity commission, hold a hearing, if one is requested within 10 days after the notice is sent pursuant to paragraph (a), at which the attorneys may examine the administrator on his determination; and

    (c) Within 10 days after the hearing, if any, or 20 days after the notice is sent if no hearing is requested, enter his finding of competence or incompetence in the manner set forth in subsection 3 of NRS 178.460.

    Sec. 28.  NRS 178.460 is hereby amended to read as follows:

    178.460  1.  If requested by the district attorney or counsel for the defendant within 10 days after the reports of the sanity commission are sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the sanity commission on their reports.

    2.  Within 10 days after the hearing or 20 days after the reports are sent, if no hearing is requested, the judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:

    (a) Whether there is substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and

    (b) Whether the defendant is at that time a danger to himself or to society.

    3.  If the judge finds the defendant:

    (a) Competent, [he] the judge shall , within 10 days , forward his finding to the prosecuting attorney and counsel for the defendant. Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and arrange for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be. The defendant must not be returned more than 30 days before the date set for the trial or pronouncement of judgment which must be within 60 days [of] after the receipt of the findings of the sanity commission, or if the case is a misdemeanor, within 60 days after the judge received the notice from the administrator pursuant to subsection 1 of NRS 178.455.

    (b) Incompetent, but there is a substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, [he] the judge shall recommit the defendant.

    (c) Incompetent, but there is a substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is not dangerous to himself or to society, [he] the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.


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ê1999 Statutes of Nevada, Page 108 (Chapter 43, AB 305)ê

 

foreseeable future and finds that he is not dangerous to himself or to society, [he] the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.

    (d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, [he] the judge shall order the defendant released from custody or if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 days, the defendant may remain an outpatient or in custody under the provisions of this chapter only as long as the petition is pending unless the defendant is involuntarily committed pursuant to chapter 433A of NRS.

    4.  No person who is committed under the provisions of this chapter may be held in the custody of the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources longer than the longest period of incarceration provided for the crime or crimes with which he is charged. Upon expiration of the period, the defendant must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.

    Sec. 29.  NRS 178.465 is hereby amended to read as follows:

    178.465  The members of the sanity commission are entitled to receive reasonable compensation fixed by the judge impaneling the commission. The compensation is a charge against and must be paid by the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources upon an order therefor signed by the judge and submitted to the administrator of the division. The administrator shall submit a claim for payment of the order in the manner provided by law. After the appropriation for this purpose is exhausted, money must be allocated to the [mental hygiene and mental retardation] division of mental health and developmental services out of the reserve for statutory contingency account upon approval by the state board of examiners, for payment of the compensation.

    Sec. 30.  NRS 213.1214 is hereby amended to read as follows:

    213.1214  1.  The board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:

    (a) The administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources or his designee;

    (b) The director of the department of prisons or his designee; and

    (c) A psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state,

certifies that the prisoner was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.

    2.  A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the department of prisons may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.


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ê1999 Statutes of Nevada, Page 109 (Chapter 43, AB 305)ê

 

    3.  The panel may revoke the certification of a prisoner certified pursuant to subsection 1 at any time.

    4.  This section does not create a right in any prisoner to be certified or continue to be certified . [and no] No prisoner may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a prisoner before a panel for certification pursuant to this section.

    5.  The provisions of this section apply to a prisoner convicted of any of the following offenses:

    (a) Sexual assault pursuant to NRS 200.366.

    (b) Statutory sexual seduction pursuant to NRS 200.368.

    (c) Battery with intent to commit sexual assault pursuant to NRS 200.400.

    (d) Abuse or neglect of a child pursuant to NRS 200.508.

    (e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

    (f) Incest pursuant to NRS 201.180.

    (g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

    (h) Open or gross lewdness pursuant to NRS 201.210.

    (i) Indecent or obscene exposure pursuant to NRS 201.220.

    (j) Lewdness with a child pursuant to NRS 201.230.

    (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

    (l) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive.

    (m) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.

    Sec. 31.  NRS 217.450 is hereby amended to read as follows:

    217.450  1.  The commission on mental health and [mental retardation] developmental services shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.

    2.  The administrator of the division shall give priority to those applications for grants from the account for aid for victims of domestic violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.

    3.  The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.

    4.  In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:

    (a) A basic allocation of $7,000 must be made to provide services for residents of each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.


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ê1999 Statutes of Nevada, Page 110 (Chapter 43, AB 305)ê

 

    (b) Any additional revenue available in the account must be allocated to grants, on a per capita basis, for all counties whose population is 14,000 or more.

    (c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.

    Sec. 32.  NRS 232.300 is hereby amended to read as follows:

    232.300  1.  The department of human resources is hereby created.

    2.  The department consists of a director and the following divisions:

    (a) Aging services division.

    (b) Health division.

    (c) [Mental hygiene and mental retardation division.] Division of mental health and developmental services.

    (d) Welfare division.

    (e) Division of child and family services.

    (f) Division of health care financing and policy.

    3.  The department is the sole agency responsible for administering the provisions of law relating to its respective divisions.

    Sec. 33.  NRS 232.300 is hereby amended to read as follows:

    232.300  1.  The department of human resources is hereby created.

    2.  The department consists of a director and the following divisions:

    (a) Aging services division.

    (b) Health division.

    (c) [Mental hygiene and mental retardation division.] Division of mental health and developmental services.

    (d) Welfare division.

    (e) Division of child and family services.

    3.  The department is the sole agency responsible for administering the provisions of law relating to its respective divisions.

    Sec. 34.  NRS 232.303 is hereby amended to read as follows:

    232.303  1.  There is hereby created in the department a commission on mental health and [mental retardation] developmental services consisting of seven members appointed by the governor, at least three of whom have training or experience in dealing with mental retardation.

    2.  The governor shall appoint:

    (a) A psychiatrist licensed to practice medicine in this state, from a list of three candidates submitted by the Nevada Psychiatric Association;

    (b) A psychologist licensed to practice in this state and experienced in clinical practice, from a list of four candidates two of whom are submitted by the Northern Nevada Association for Certified Psychologists and two of whom are submitted by the Southern Society for Certified Psychologists;

    (c) A physician, other than a psychiatrist, licensed to practice medicine in this state and who has experience in dealing with mental retardation, from a list of three candidates submitted by the Nevada State Medical Association;

    (d) A social worker who has a master’s degree and has experience in dealing with mental illness or mental retardation, or both;

    (e) A registered nurse licensed to practice in this state who has experience in dealing with mental illness or mental retardation, or both, from a list of three candidates submitted by the Nevada Nurses’ Association;


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ê1999 Statutes of Nevada, Page 111 (Chapter 43, AB 305)ê

 

    (f) A representative of the general public who has a special interest in the field of mental health; and

    (g) A representative of the general public who has a special interest in the field of mental retardation.

    3.  The governor shall appoint the chairman of the commission from among its members.

    4.  After the initial terms, each member shall serve a term of 4 years. If a vacancy occurs during a member’s term, the governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.

    Sec. 35.  NRS 232.306 is hereby amended to read as follows:

    232.306  1.  The commission shall meet at the call of the chairman at least 6 times but not more than 12 times a year. A meeting may last for more than 1 day. A majority of the members of the commission constitutes a quorum and is required to transact any business of the commission.

    2.  Each member of the commission is entitled to receive a salary of not more than $80, as fixed by the commission, for each day he is engaged in the business of the commission.

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

    4.  A person is ineligible for appointment to or continued service on the commission if he or his spouse owns an interest in or is employed by any enterprise or organization, whether or not conducted for profit, which derives 25 percent or more of its gross revenues from the [mental hygiene and mental retardation division.] division of mental health and developmental services.

    Sec. 36.  NRS 232.320 is hereby amended to read as follows:

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

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

         (1) The administrator of the aging services division;

         (2) The administrator of the health division;

         (3) The state welfare administrator;

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

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

    (b) Shall administer, through the divisions of the department, the provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive, 446 [, 447, 449 and] to 450 , inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.050, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.

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


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ê1999 Statutes of Nevada, Page 112 (Chapter 43, AB 305)ê

 

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

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

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

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

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

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

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

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

    2.  The governor shall appoint the administrator of the [mental hygiene and mental retardation division.] division of mental health and developmental services.

    Sec. 37.  NRS 232.320 is hereby amended to read as follows:

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

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

         (1) The administrator of the aging services division;

         (2) The administrator of the health division;

         (3) The state welfare administrator; and

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

    (b) Shall administer, through the divisions of the department, the provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive, 446 [, 447, 449 and] to 450 , inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.070 to 422.410, inclusive, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.050, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.

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

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


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ê1999 Statutes of Nevada, Page 113 (Chapter 43, AB 305)ê

 

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

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

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

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

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

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

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

    2.  The governor shall appoint the administrator of the [mental hygiene and mental retardation division.] division of mental health and developmental services.

    Sec. 38.  NRS 289.240 is hereby amended to read as follows:

    289.240  Forensic technicians and correctional officers employed by the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources at facilities for mentally disordered offenders have the powers of peace officers when performing duties prescribed by the administrator of the division.

    Sec. 39.  NRS 353.351 is hereby amended to read as follows:

    353.351  1.  If the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources determines that current claims exceed the amount of money available because revenue from billed services has not been collected, he may request from the director of the department of administration a temporary advance from the state general fund for the payment of authorized expenses.

    2.  The director of the department of administration shall notify the state controller and the fiscal analysis division of the legislative counsel bureau of his approval of a request made pursuant to subsection 1. The state controller shall draw his warrant upon receipt of the approval by the director of the department of administration.

    3.  An advance from the state general fund:

    (a) May be approved by the director of the department of administration for the following budget accounts of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources:

         (1) [Residential placement fund;

         (2) Southern Nevada mental retardation services;] Rural regional center;


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ê1999 Statutes of Nevada, Page 114 (Chapter 43, AB 305)ê

 

         (2) Desert regional center; and

         (3) [Northern Nevada mental retardation services.] Sierra regional center.

    (b) Is limited to 25 percent of the revenues expected to be received in the current fiscal year from any source other than legislative appropriation.

    4.  Any money which is temporarily advanced from the state general fund to an account pursuant to subsection 3 must be repaid by August 31 following the end of the immediately preceding fiscal year.

    Sec. 40.  NRS 395.070 is hereby amended to read as follows:

    395.070  1.  The interagency panel is hereby created. The panel is responsible for making recommendations concerning the placement of persons with disabilities who are eligible to receive benefits pursuant to this chapter. The panel consists of:

    (a) The administrator of the division of child and family services of the department of human resources;

    (b) The administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources;

    (c) The director of the department of human resources; and

    (d) The superintendent of public instruction.

    2.  A member of the panel may designate a person to represent him at any meeting of the panel. The person designated may exercise all the duties, rights and privileges of the member he represents.

    3.  The panel shall:

    (a) Every time a person with a disability is to be placed pursuant to subsection 2 of NRS 395.010 in a foster home or residential facility, meet to determine the needs of the person and the availability of homes or facilities under the authority of the department of human resources after a joint evaluation of that person is completed by the department of education and the department of human resources;

    (b) Determine the appropriate placement of the person, giving priority to homes or facilities under the authority of the department of human resources over any home or facility located outside of this state; and

    (c) Make a recommendation concerning the placement of the person.

    Sec. 41.  NRS 449.017 is hereby amended to read as follows:

    449.017  1.  Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to:

    (a) Any aged, infirm, mentally retarded or handicapped person; or

    (b) Four or more females during pregnancy or after delivery.

    2.  The term does not include:

    (a) An establishment which provides care only during the day;

    (b) A natural person who provides care for no more than two persons in his own home;

    (c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or

    (d) A facility funded by the welfare division or the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources.


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ê1999 Statutes of Nevada, Page 115 (Chapter 43, AB 305)ê

 

    Sec. 42.  NRS 502.077 is hereby amended to read as follows:

    502.077  1.  The division shall issue special fishing permits to the administrative head of:

    (a) The Nevada mental health institute;

    (b) [The Las Vegas mental health center;] Southern Nevada adult mental health services;

    (c) The Northern Nevada children’s home;

    (d) The Southern Nevada children’s home;

    (e) The Nevada youth training center;

    (f) The Caliente youth center;

    (g) The Spring Mountain Youth Camp;

    (h) The China Spring Youth Camp;

    (i) Any facility which provides temporary foster care for children who are not delinquent; and

    (j) Such other public or charitable institutions or organizations as are designated by regulations adopted by the commission,

for use only by the members, patients or children of such institutions or organizations.

    2.  The permits:

    (a) Must be in the possession of the officer or employee who is supervising a member, patient or child while he is fishing.

    (b) Authorize a member, patient or child to fish in a legal manner if in the company of an officer or employee of one of the institutions listed in this section, or of an organization provided for by regulation, if the officer or employee has a valid Nevada fishing license.

    (c) Must be issued pursuant and subject to regulations prescribed by the commission.

    (d) Must contain the words “Nevada Special Fishing Permit” and the number of the permit printed on the face of the permit.

    (e) May authorize no more than 15 members, patients or children, respectively, to fish.

    3.  Each institution or organization shall pay to the division an annual fee of $15 for each permit issued to the institution or organization pursuant to this section. The division shall not issue more than two permits per year to each institution or organization.

    4.  It is unlawful for any person other than a member, patient or child in one of these organizations or institutions to fish with a permit issued by the division pursuant to this section.

    Sec. 43.  NRS 616A.205 is hereby amended to read as follows:

    616A.205  Volunteer workers at a facility for inpatients of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources, while acting under the direction or authorization of the supervisor of volunteer services of such a facility, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the facility, receiving a wage of $350 per month, and are entitled to the benefits of those chapters upon compliance therewith by the facility.


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ê1999 Statutes of Nevada, Page 116 (Chapter 43, AB 305)ê

 

    Sec. 44.  NRS 617.135 is hereby amended to read as follows:

    617.135  “Police officer” includes:

    1.  A sheriff, deputy sheriff, officer of a metropolitan police department 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 and Community College System of Nevada;

    7.  A:

    (a) Uniformed employee of; or

    (b) Forensic specialist employed by,

the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies;

    8.  A parole and probation officer of the division of parole and probation of the department of motor vehicles and public safety; and

    9.  A forensic specialist or correctional officer employed by the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources at facilities for mentally disordered offenders.

    Sec. 45.  1.  This section and sections 1 to 32, inclusive, 34, 35, 36, 38 to 44, inclusive, and 46 of this act become effective upon passage and approval.

    2.  Sections 33 and 37 of this act become effective at 12:01 a.m. on July 1, 1999.

    3.  Sections 32 and 36 of this act expire by limitation on July 1, 1999.

    Sec. 46.  The legislative counsel shall:

    1.  In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to:

    (a) “Commission on mental health and mental retardation” to “commission on mental health and developmental services.”

    (b) “Desert developmental center” to “desert regional center.”

    (c) “Las Vegas mental health center” to “Southern Nevada adult mental health services.”

    (d) “Mental hygiene and mental retardation division” to “division of mental health and developmental services.”

    (e) “Northern Nevada mental retardation services” to “sierra regional center.”

    (f) “Program for mentally disordered offenders” to “Lakes Crossing center.”

    (g) “Residential placement fund” to “rural regional center.”


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ê1999 Statutes of Nevada, Page 117 (Chapter 43, AB 305)ê

 

    (h) “Sierra developmental center” to “sierra regional center.”

    (i) “Southern Nevada mental retardation services” to “desert regional center.”

    2.  In preparing supplements to the Nevada Administrative Code, appropriately change any reference to:

    (a) “Commission on mental health and mental retardation” to “commission on mental health and developmental services.”

    (b) “Desert developmental center” to “desert regional center.”

    (c) “Las Vegas mental health center” to “Southern Nevada adult mental health services.”

    (d) “Mental hygiene and mental retardation division” to “division of mental health and developmental services.”

    (e) “Northern Nevada mental retardation services” to “sierra regional center.”

    (f) “Program for mentally disordered offenders” to “Lakes Crossing center.”

    (g) “Residential placement fund” to “rural regional center.”

    (h) “Sierra developmental center” to “sierra regional center.”

    (i) “Southern Nevada mental retardation services” to “desert regional center.

_______

 

CHAPTER 44, AB 353

Assembly Bill No. 353–Committee on Judiciary

 

CHAPTER 44

 

AN ACT relating to crimes; revising provisions governing compensation provided to certain victims of crime so that residents of another state are treated the same as residents of this state; and providing other matters properly relating thereto.

 

[Approved April 22, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 217.220 is hereby amended to read as follows:

    217.220  1.  Except as otherwise provided in subsections 2 [, 3 and 4,] and 3 compensation must not be awarded if the victim:

    (a) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle injured a pedestrian, violated any of the provisions of NRS 484.379 or the use of the vehicle was punishable pursuant to NRS 484.3795;

    (b) Was not a citizen of the United States or was not lawfully entitled to reside in the United States at the time the incident upon which the claim is based occurred or he is unable to provide proof that he was a citizen of the United States or was lawfully entitled to reside in the United States at that time;

    (c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim’s injuries;


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ê1999 Statutes of Nevada, Page 118 (Chapter 44, AB 353)ê

 

    (d) [Was not a resident at the time he was victimized, unless he was injured in this state and the board determines that the State of Nevada has a sufficient amount of money to pay for the claim from money received from the Federal Government for the compensation of victims of crime;

    (e)] Was injured or killed while serving a sentence of imprisonment in a prison or jail;

    [(f)] (e) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to chapter 62 of NRS; or

    [(g)] (f) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.

    2.  Paragraph (a) of subsection 1 does not apply to a minor who was physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.

    3.  A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if the offender would not profit by the compensation of the victim.

    4.  The compensation officer may deny an award if he determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:

    (a) The value of the victim’s dwelling;

    (b) The value of one motor vehicle owned by the victim; or

    (c) The savings and investments of the victim up to an amount equal to the victim’s annual salary.

    Sec. 2.  NRS 217.420 is hereby amended to read as follows:

    217.420  To be eligible for a grant from the account for aid for victims of domestic violence, an applicant must:

    1.  Be a nonprofit corporation, incorporated or qualified in this state.

    2.  Be governed by a board of trustees which reflects the racial, ethnic, economic and social composition of the county to be served and includes at least one trustee who has been a victim of domestic violence.

    3.  Receive at least 15 percent of its money from sources other than the Federal Government, the state, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with the requirement of this subsection.

    4.  Provide its services exclusively for victims of domestic violence and only within this state . [for victims who are residents of this state.]

    5.  Require its employees and volunteer assistants to maintain the confidentiality of any information which would identify persons receiving the services.

    6.  Provide its services without any discrimination on the basis of race, religion, color, age, sex, marital status, national origin or ancestry.

    7.  Be able to provide:

    (a) Except in counties whose population is less than 100,000, shelter to victims on any day, at any hour.


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ê1999 Statutes of Nevada, Page 119 (Chapter 44, AB 353)ê

 

    (b) A telephone service capable of receiving emergency calls on any day, at any hour.

    (c) Except in counties whose population is less than 100,000, facilities where food can be stored and prepared.

    (d) Counseling, or make referrals for counseling, for victims or spouses of victims and their children.

    (e) Assistance to victims in obtaining legal, medical, psychological or vocational help.

    (f) Education and training for members of the community on matters which relate to domestic violence.

    Sec. 3.  NRS 217.450 is hereby amended to read as follows:

    217.450  1.  The commission on mental health and mental retardation shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.

    2.  The administrator of the division shall give priority to those applications for grants from the account for aid for victims of domestic violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.

    3.  The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.

    4.  In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:

    (a) A basic allocation of $7,000 must be made [to provide services for residents of] for each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.

    (b) Any additional revenue available in the account must be allocated to grants, on a per capita basis, for all counties whose population is 14,000 or more.

    (c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.

________

 


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ê1999 Statutes of Nevada, Page 120ê

 

CHAPTER 45, AB 140

Assembly Bill No. 140–Committee on Health and Human Services

 

CHAPTER 45

 

AN ACT relating to mentally ill persons; clarifying the provisions governing the testimony that may be considered in a proceeding for the involuntary court-ordered admission of a mentally ill person to a mental health facility; and providing other matters properly relating thereto.

 

[Approved April 22, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 433A.280 is hereby amended to read as follows:

    433A.280  In proceedings for involuntary court-ordered admission, the court shall hear and consider all relevant testimony , including , but not limited to , the testimony of examining personnel who participated in the evaluation of the person alleged to be mentally ill and the certificates of physicians or certified psychologists accompanying the petition. The court may consider testimony relating to any past actions of the person alleged to be mentally ill if such testimony is probative of the question of whether the person is presently mentally ill and presents a clear and present danger of harm to himself or others.

________

 

CHAPTER 46, AB 122

Assembly Bill No. 122–Committee on Judiciary

 

CHAPTER 46

 

AN ACT relating to justices’ courts; requiring a justice’s court or a county to collect restitution ordered by the court; requiring that the money collected by a justice’s court or county for restitution be paid to the person named in the order or deposited to a fund for the compensation of victims of crime; and providing other matters properly relating thereto.

 

[Approved April 22, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a justice of the peace orders a defendant who is convicted of a misdemeanor to make restitution to a person named in the order, the justice’s court or the county in which the justice’s court is located shall collect the restitution paid by the defendant.

    2.  All money for restitution collected by a justice’s court or county pursuant to subsection 1 must be paid to the person named in the order in the manner set forth in the order.


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ê1999 Statutes of Nevada, Page 121 (Chapter 46, AB 122)ê

 

    3.  If a justice’s court or county that has collected money for restitution pursuant to subsection 1 cannot, after a good faith effort, locate the person named in the order, it shall deposit the money in a fund for the compensation of victims of crime created by the office of the district attorney of the county in which the court is located.

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

________

 

CHAPTER 47, SB 115

Senate Bill No. 115–Committee on Judiciary

 

CHAPTER 47

 

AN ACT relating to prisoners; authorizing a county or city to seek reimbursement of costs from a nonindigent prisoner sentenced to a program as an alternative to incarceration; and providing other matters properly relating thereto.

 

[Approved April 22, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 211 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  “Alternative program” means a program to which a prisoner may be assigned as an alternative to incarceration.

    Sec. 3.  “Prisoner” means a person who has been convicted of a crime punishable pursuant to the laws of this state and:

    1.  Sentenced to a term of imprisonment in a county or city jail or detention facility, including a person sentenced as a condition of probation, but not including a person committed to a county jail pursuant to NRS 211.060; or

    2.  Assigned to an alternative program.

    Sec. 4.  NRS 211.241 is hereby amended to read as follows:

    211.241  As used in NRS 211.241 to 211.249, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, [“prisoner” means a person who has been convicted and sentenced to a term of imprisonment in a county or city jail or detention facility for any crime punishable under the laws of this state, including a person sentenced as a condition of probation, but does not include a person who is committed to a county jail pursuant to NRS 211.060.] the words and terms defined in sections 2 and 3 of this act have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 211.2415 is hereby amended to read as follows:

    211.2415  1.  A board of county commissioners or the governing body of an incorporated city may seek reimbursement from a nonindigent prisoner for expenses incurred by the county or city for [the] :

    (a) The maintenance and support of the prisoner in a county or city jail or detention facility [,] to which the prisoner has been assigned, including expenses incurred during a period of pretrial detention if time served during the pretrial detention is credited by the court against any sentence imposed [.] ; or


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ê1999 Statutes of Nevada, Page 122 (Chapter 47, SB 115)ê

 

    (b) The administration of an alternative program to which the prisoner has been assigned, including, without limitation, the costs of supervising the prisoner in the program.

    2.  The amount of reimbursement sought by a county or city pursuant to paragraph (a) of subsection 1 must not exceed the actual cost per day for the maintenance and support of the prisoner and may include, without limitation, the costs of providing heating, air conditioning, food, clothing, bedding and medical care to a prisoner.

    Sec. 6.  NRS 211.243 is hereby amended to read as follows:

    211.243  If a board of county commissioners or the governing body of an incorporated city so requests, the sheriff of the county, [or] the administrator of the department of detention of an incorporated city , [or] the person appointed to administer a city jail [,] or the administrator of an alternative program shall provide to the board or governing body a list which contains:

    1.  The name of each prisoner currently serving a term of imprisonment in the county or city jail or detention facility [;] , or currently assigned to an alternative program;

    2.  The length of the term of imprisonment or assignment to an alternative program of each prisoner, including the number of days served during a period of pretrial detention, if any;

    3.  The date of admission of each prisoner; and

    4.  All available information concerning the financial status of each prisoner.

    Sec. 7.  NRS 211.244 is hereby amended to read as follows:

    211.244  1.  At any time after the conviction of a prisoner, and after the financial status of the prisoner has been determined or the prisoner has refused or failed to complete and sign the form required by NRS 211.242, the sheriff of the county, [or] the administrator of the department of detention of an incorporated city , [or] the person appointed to administer a city jail [,] or the administrator of an alternative program may issue a written demand to the prisoner for reimbursement , pursuant to NRS 211.2415, of the expenses incurred by the county or city for the prisoner’s maintenance and support during his period of imprisonment [.] or assignment to an alternative program.

    2.  Except as otherwise provided in subsection 3, the prisoner shall pay the total amount due when the written demand is issued. The prisoner may arrange to make payments on a monthly basis. If such arrangements are made, the prisoner must be provided with a monthly billing statement which specifies the date on which his next payment is due.

    3.  A court may order a prisoner to perform supervised work for the benefit of the community to satisfy the written demand for reimbursement. Each hour of work performed by the prisoner reduces the amount he owes by $8. If the prisoner does not satisfy the written demand for reimbursement within the time set by the court, the district attorney for a county or the city attorney for an incorporated city may file a civil action pursuant to NRS 211.245.

    Sec. 8.  NRS 211.245 is hereby amended to read as follows:

    211.245  1.  If a prisoner fails to make a payment within 10 days after it is due, the district attorney for a county or the city attorney for an incorporated city may file a civil action in any court of competent jurisdiction within this state seeking recovery of:


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ê1999 Statutes of Nevada, Page 123 (Chapter 47, SB 115)ê

 

incorporated city may file a civil action in any court of competent jurisdiction within this state seeking recovery of:

    (a) The amount of reimbursement due;

    (b) Costs incurred in conducting an investigation of the financial status of the prisoner; and

    (c) Attorney’s fees and costs.

    2.  A civil action brought pursuant to this section must:

    (a) Be instituted in the name of the county or city in which the jail , [or] detention facility or alternative program is located;

    (b) Indicate the date and place of sentencing, including , without limitation, the name of the court which imposed the sentence;

    (c) Include the record of judgment of conviction, if available;

    (d) Indicate the length of time served by the prisoner and, if he has been released, the date of his release; and

    (e) Indicate the amount of reimbursement that the prisoner owes to the county or city.

    3.  The county or city treasurer of the county or incorporated city in which a prisoner is or was confined shall determine the amount of reimbursement that the prisoner owes to the city or county. The county or city treasurer may render a sworn statement indicating the amount of reimbursement that the prisoner owes and submit the statement in support of a civil action brought pursuant to this section. Such a statement is prima facie evidence of the amount due.

    4.  A court in a civil action brought pursuant to this section may award a money judgment in favor of the county or city in whose name the action was brought.

    5.  If necessary to prevent the disposition of the prisoner’s property by the prisoner, or his spouse or agent, a county or city may file a motion for a temporary restraining order. The court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbering, hypothecating, concealing or in any way disposing of any property of the prisoner, real or personal, whether community or separate, except for necessary living expenses.

    6.  The payment, pursuant to a judicial order, of existing obligations for:

    (a) Child support or alimony;

    (b) Restitution to victims of crimes; and

    (c) Any administrative assessment required to be paid pursuant to NRS 62.223, 176.059 and 176.062,

has priority over the payment of a judgment entered pursuant to this section.

    Sec. 9.  NRS 211.246 is hereby amended to read as follows:

    211.246  1.  A prisoner who is or was sentenced to a term of imprisonment in a county or city jail or detention facility or to an alternative program shall cooperate with the board of county commissioners or the governing body of an incorporated city in satisfying the reimbursement sought by the board or body pursuant to the provisions of NRS 211.241 to 211.249, inclusive.

    2.  A prisoner who willfully refuses to cooperate with the requirement of NRS 211.242 may not receive a reduction of or a credit on his term of imprisonment under any provision of this chapter.


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ê1999 Statutes of Nevada, Page 124 (Chapter 47, SB 115)ê

 

    Sec. 10.  NRS 211.247 is hereby amended to read as follows:

    211.247  The sheriff of the county , [or] the administrator of the department of detention of an incorporated city , [or] a person chosen to administer a city jail or the administrator of an alternative program shall provide the district attorney of the county or the city attorney of the incorporated city all information and assistance possible to enable the district or city attorney to secure reimbursement for the county or city pursuant to the provisions of NRS 211.241 to 211.249, inclusive.

    Sec. 11.  This act becomes effective upon passage and approval.

________

 

CHAPTER 48, AB 28

Assembly Bill No. 28–Committee on Transportation

 

CHAPTER 48

 

AN ACT relating to the tax on special fuel; requiring the department of motor vehicles and public safety to prepare and submit a report to the legislature concerning the administration and enforcement of certain provisions relating to the tax on special fuel; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 366.110 is hereby amended to read as follows:

    366.110  The department:

    1.  Shall enforce the provisions of this chapter.

    2.  May adopt and enforce regulations relating to the administration and enforcement of this chapter.

    3.  May determine whether any particular vehicle not specified in NRS 366.085 is special mobile equipment.

    4.  Shall, on or before March 1, 2001, prepare and submit a written report concerning the administration and enforcement, during the immediately preceding biennium, of the provisions of this chapter as those provisions relate to the use of special fuel, to the director of the legislative counsel bureau for transmittal to the 71st session of the legislature.

________

 


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ê1999 Statutes of Nevada, Page 125ê

 

CHAPTER 49, AB 144

Assembly Bill No. 144–Assemblymen Parnell and Dini

 

Joint Sponsor: Senator Jacobsen

 

CHAPTER 49

 

AN ACT relating to education; revising provisions governing patriotic observance in public schools; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 389.040 is hereby amended to read as follows:

    389.040  [There shall be at least 1 hour set aside each school week in all graded schools and high schools in the State of Nevada for the purpose of holding patriotic exercises.] Each public school shall set aside appropriate time at the beginning of each school day for pupils to pledge their allegiance to the flag of the United States. In addition, each public school may set aside appropriate time during the school day for additional patriotic observance.

    Sec. 2.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 50, AB 167

Assembly Bill No. 167–Assemblymen Hettrick, Beers, Goldwater, Cegavske, Chowning, Parks, de Braga, Price, Dini, Perkins and Giunchigliani

 

CHAPTER 50

 

AN ACT relating to residential facilities for groups; revising the definition of “residential facilities for groups”; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 449.017 is hereby amended to read as follows:

    449.017  1.  Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to [:

    (a) Any] an aged, infirm, mentally retarded or handicapped person . [; or

    (b) Four or more females during pregnancy or after delivery.]

    2.  The term does not include:

    (a) An establishment which provides care only during the day;

    (b) A natural person who provides care for no more than two persons in his own home;

    (c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or


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ê1999 Statutes of Nevada, Page 126 (Chapter 50, AB 167)ê

 

    (d) A facility funded by [the welfare] a division or [the mental hygiene and mental retardation division] program of the department of human resources.

________

 

CHAPTER 51, AB 250

Assembly Bill No. 250–Committee on Health and Human Services

 

CHAPTER 51

 

AN ACT relating to elderly persons; revising the provisions governing the duties of the specialist for the rights of elderly persons within the aging services division of the department of human resources; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 427A of NRS is hereby amended by adding thereto a new section to read as follows:

    As used in NRS 427A.123 to 427A.1236, inclusive, unless the context otherwise requires, “elderly person” means a person who is 60 years of age or older.

    Sec. 2.  NRS 427A.1234 is hereby amended to read as follows:

    427A.1234  1.  The specialist for the rights of elderly persons shall:

    (a) Provide advocacy and education relating to the legal rights of elderly persons and shall facilitate the development of legal services to assist elderly persons in securing and maintaining their legal rights.

    (b) Provide, upon request, technical assistance, training and other support relating to the legal rights of elderly persons to:

         (1) An attorney who is providing legal services for an elderly person;

         (2) An employee of a law enforcement agency;

         (3) An advocate for residents of facilities for long‑term care;

         (4) An employee of an office for protective services of any county; and

         (5) An employee of the division.

    (c) Review existing and proposed policies, legislation and regulations that affect elderly persons, and make recommendations as appropriate to the administrator.

    (d) Review and analyze information relating to the nature and extent of abuse, neglect, exploitation and isolation of elderly persons to identify services that need to be provided, including, without limitation:

         (1) Methods of intervening on behalf of an elderly person to protect the elderly person from abuse, neglect, exploitation or isolation; and

         (2) Enforcing the laws of this state governing abuse, neglect, exploitation and isolation of elderly persons.

    2.  The specialist for the rights of elderly persons may:

    [1.] (a) Have access to, inspect, copy and subpoena all records in the possession of any clerk of a court, law enforcement agency or public or private institution, wherever situated, that relate to the abuse, [exploitation or] , neglect , exploitation or isolation of an elderly person.


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ê1999 Statutes of Nevada, Page 127 (Chapter 51, AB 250)ê

 

    [2.] (b) Have access to all written records in the possession of any person, government, governmental agency or political subdivision of a government that relate to the abuse , [or] neglect , exploitation or isolation of an elderly person.

    [3.] (c) Represent and assist any incompetent person until a guardian is appointed for that person.

    [4.] (d) Use the information obtained pursuant to paragraphs (a) and (b) to resolve complaints relating to the abuse, neglect, exploitation or isolation of an elderly person.

    (e) Develop services relating to financial management for an elderly person who is at risk of having a guardian or conservator appointed by a court to manage his property.

    (f) Appear as amicus curiae on behalf of elderly persons in any court in this state.

    (g) Perform such other functions as are necessary to carry out his duties and the functions of his office.

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

________

 

CHAPTER 52, AB 340

Assembly Bill No. 340–Assemblymen Cegavske, Von Tobel, Berman, Angle, Giunchigliani, de Braga, Buckley, Evans, Ohrenschall, Gibbons, Segerblom, Leslie, McClain, Koivisto, Chowning, Tiffany, Parnell and Freeman

 

Joint Sponsors: Senators Wiener, Titus, Carlton, O’Connell and Mathews

 

CHAPTER 52

 

AN ACT relating to married women; repealing certain obsolete provisions; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 111.110, 111.245, 133.030, 138.030 and 139.020 are hereby repealed.

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

________

 


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ê1999 Statutes of Nevada, Page 128ê

 

CHAPTER 53, AB 345

Assembly Bill No. 345–Committee on Ways and Means

 

CHAPTER 53

 

AN ACT making a supplemental appropriation to the state distributive school account for additional anticipated expenses; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  There is hereby appropriated from the state general fund to the state distributive school account created by NRS 387.030 the sum of $17,900,000 for additional anticipated expenses. This appropriation is supplemental to that made by section 4 of chapter 246, Statutes of Nevada 1997, at page 873.

    Sec. 2.  Any remaining balance of the supplemental appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 54, AB 390

Assembly Bill No. 390–Committee on Judiciary

 

CHAPTER 54

 

AN ACT relating to parole; requiring the department of prisons to determine the eligibility of a prisoner for parole, notify the state board of parole commissioners and provide data regarding the prisoner to the state board of parole commissioners; removing the requirement that a prisoner complete an application to be considered for parole; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 209.392 is hereby amended to read as follows:

    209.392  1.  Except as otherwise provided in NRS 209.3925 and 209.429, the director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the director pursuant to subsection 3 and who has:

    (a) Established a position of employment in the community;

    (b) Enrolled in a program for education or rehabilitation; or

    (c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime,

assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.


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ê1999 Statutes of Nevada, Page 129 (Chapter 54, AB 390)ê

 

    2.  Upon receiving a request to serve a term of residential confinement from an eligible offender, the director shall notify the division of parole and probation. If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of [an application] the consideration of a prisoner for parole and has provided a current address, the division of parole and probation shall notify the victim of the offender’s request and advise the victim that he may submit documents regarding the request to the division of parole and probation. If a current address has not been provided as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the division of parole and probation pursuant to this subsection is confidential.

    3.  The director, after consulting with the division of parole and probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the director must provide that an offender who:

    (a) Is not eligible for parole or release from prison within a reasonable period;

    (b) Has recently committed a serious infraction of the rules of an institution or facility of the department;

    (c) Has not performed the duties assigned to him in a faithful and orderly manner;

    (d) Has ever been convicted of:

         (1) Any crime involving the use or threatened use of force or violence against the victim; or

         (2) A sexual offense;

    (e) Has more than one prior conviction for any felony in this state or any offense in another state that would be a felony if committed in this state, not including a violation of NRS 484.3792 or 484.3795;

    (f) Has escaped or attempted to escape from any jail or correctional institution for adults; or

    (g) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,

is not eligible for assignment to the custody of the division of parole and probation to serve a term of residential confinement pursuant to this section.

    4.  If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

    (a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department.

    (b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper.


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ê1999 Statutes of Nevada, Page 130 (Chapter 54, AB 390)ê

 

credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

    5.  The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:

    (a) A continuation of his imprisonment and not a release on parole; and

    (b) For the purposes of NRS 209.341, an assignment to a facility of the department,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.

    6.  An offender does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

    Sec. 2.  NRS 209.3925 is hereby amended to read as follows:

    209.3925  1.  Except as otherwise provided in subsection 6, the director may assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement pursuant to NRS 213.380, for not longer than the remainder of his sentence, if:

    (a) The director has reason to believe that the offender is:

         (1) Physically incapacitated to such a degree that he does not presently, and likely will not in the future, pose a threat to the safety of the public; or

         (2) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to the safety of the public; and

    (b) At least two physicians licensed pursuant to chapter 630 of NRS, one of whom is not employed by the department, verify, in writing, that the offender is:

         (1) Physically incapacitated; or

         (2) In ill health and expected to die within 12 months.

    2.  If the director intends to assign an offender to the custody of the division of parole and probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the department, the director shall notify:

    (a) If the offender will reside within this state after he is released from the custody of the department, the board of county commissioners of the county in which the offender will reside; and

    (b) The division of parole and probation.

    3.  If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of [an application] the consideration of a prisoner for parole and has provided a current address, the division of parole and probation shall notify the victim that:

    (a) The director intends to assign the offender to the custody of the division of parole and probation pursuant to this section; and

    (b) The victim may submit documents to the division of parole and probation regarding such an assignment.


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ê1999 Statutes of Nevada, Page 131 (Chapter 54, AB 390)ê

 

If a current address has not been provided by a victim as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the division of parole and probation pursuant to this subsection is confidential.

    4.  If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

    (a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department.

    (b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director.

The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

    5.  The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:

    (a) A continuation of his imprisonment and not a release on parole; and

    (b) For the purposes of NRS 209.341, an assignment to a facility of the department,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.

    6.  The director may not assign an offender to the custody of the division of parole and probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.

    7.  An offender does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

    Sec. 3.  NRS 213.1087 is hereby amended to read as follows:

    213.1087  1.  The term of office of each member of the board is 4 years.

    2.  Appointments to the board must be made by the governor within 60 days from the time any vacancy occurs.

    3.  Members of the board are in the unclassified service of the state. They shall devote their entire time and attention to the business of the board and shall not pursue any other business or occupation or hold any other office of profit which detracts from the full and timely performance of their duties.

    4.  Any member of the board may administer an oath or affirmation to any person offering to testify [upon the hearing of an application] at a meeting to consider a prisoner for parole or in a parole revocation hearing, and any district judge, county clerk or notary public may take and certify an affidavit or deposition to be used [upon such an application, either for or against it,] at a meeting to consider a prisoner for parole or in a parole revocation hearing.


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ê1999 Statutes of Nevada, Page 132 (Chapter 54, AB 390)ê

 

against it,] at a meeting to consider a prisoner for parole or in a parole revocation hearing.

    Sec. 4.  NRS 213.130 is hereby amended to read as follows:

    213.130  1.  [A prisoner sentenced to imprisonment in the state prison may apply to the board for parole. The application must be made on a form prescribed by the board and must contain:

    (a) The county in which the prisoner will reside, if the prisoner will be paroled in Nevada; and

    (b) Other data that will assist the board in determining whether parole should be granted.

The secretary of the board shall furnish any prisoner an application form upon request.] The department of prisons shall:

    (a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;

    (b) Notify the state board of parole commissioners of the eligibility of the prisoner to be considered for parole; and

    (c) Before a meeting to consider the prisoner for parole, compile and provide to the board data that will assist the board in determining whether parole should be granted.

    2.  Meetings [for the purpose of considering applications] to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the board. All meetings must be open to the public.

    3.  Not later than 5 days after the date on which the board fixes the date of the meeting to consider [the application of] a prisoner for parole, the board shall notify the victim of the prisoner [whose application] who is being considered for parole of the date of the meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victim’s current address is otherwise known by the board. The victim of [any person applying] a prisoner being considered for parole may submit documents to the board and may testify at the meeting held to consider the [application. An application] prisoner for parole . A prisoner must not be considered for parole until the board has notified any victim of his rights pursuant to this subsection and he is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the board, the board must not be held responsible if such notification is not received by the victim.

    4.  The board may deliberate in private after a public meeting held to consider [an application] a prisoner for parole.

    5.  The board of state prison commissioners shall provide suitable and convenient rooms or space for use of the board.

    6.  If a victim is notified of a meeting to consider [an application] a prisoner for parole pursuant to subsection 3, the board shall, upon making a final decision concerning the [application,] parole of the prisoner, notify the victim of its final decision.

    7.  All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the board pursuant to this section is confidential.

    8.  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.


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ê1999 Statutes of Nevada, Page 133 (Chapter 54, AB 390)ê

 

    Sec. 5.  NRS 213.133 is hereby amended to read as follows:

    213.133  1.  Except as otherwise provided in subsections 6 and 7, the board may delegate its authority to hear, consider and act upon [applications for] the parole of a prisoner and on any issue before the board to a panel consisting of:

    (a) Two or more members of the board, two of whom constitute a quorum; or

    (b) One member of the board who is assisted by a case hearing representative.

    2.  No action taken by any panel created pursuant to paragraph (a) of subsection 1 is valid unless concurred in by a majority vote of those sitting on the panel.

    3.  The decision of a panel is subject to final approval by the affirmative action of a majority of the members appointed to the board. Such action may be taken at a meeting of the board, or without a meeting by the delivery of written approval to the secretary of the board.

    4.  The degree of complexity of issues presented must be taken into account before the board makes any delegation of its authority and before it determines the extent of a delegation.

    5.  The board shall adopt regulations which establish the basic types of delegable cases and the size of the panel required for each type of case.

    6.  A hearing [on an application for] concerning the parole of a prisoner or any decision on an issue involving a person:

    (a) Who committed a capital offense;

    (b) Who is serving a sentence of imprisonment for life;

    (c) Who has been convicted of a sexual offense involving the use or threat of use of force or violence;

    (d) Who is a habitual criminal; or

    (e) Whose sentence has been commuted by the state board of pardons commissioners,

must be conducted by at least three members of the board, and action may be taken only with the concurrence of at least four members.

    7.  If a recommendation made by a panel deviates from the standards adopted by the board pursuant to NRS 213.10885 or the recommendation of the division, the chairman must concur in the recommendation.

    Sec. 6.  NRS 213.140 is hereby amended to read as follows:

    213.140  1.  [Whenever any] When a prisoner becomes eligible for parole pursuant to this chapter or the regulations adopted pursuant to this chapter, the board shall consider and may authorize his release on parole as provided in [NRS 213.110 and elsewhere in] this chapter . [, irrespective of whether he has applied to the board for parole. If the prisoner has not made such an application before any regular meeting of the board, the secretary of the board shall prepare the application and present it to the board.] The board may authorize the release of a prisoner on parole whether or not parole is accepted by the prisoner.

    2.  If the release of a prisoner on parole is authorized by the board, the division shall:

    (a) Review and, if appropriate, approve each prisoner’s proposed plan for placement upon release; or


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ê1999 Statutes of Nevada, Page 134 (Chapter 54, AB 390)ê

 

    (b) If his plan is not approved by the division, assist the prisoner to develop a plan for his placement upon release,

before he is released on parole. The prisoner’s proposed plan must identify the county in which the prisoner will reside if the prisoner will be paroled in Nevada.

    3.  The board may adopt any regulations necessary or convenient to carry out this section.

    Sec. 7.  NRS 213.142 is hereby amended to read as follows:

    213.142  1.  Upon denying [an application for parole,] the parole of a prisoner, the board shall schedule a rehearing. The date on which the rehearing is to be held is within the discretion of the board, but, except as otherwise provided in subsection 2, the elapsed time between hearings must not exceed 3 years.

    2.  If the prisoner [applying] who is being considered for parole has more than 10 years remaining on the term of his sentence, not including any credits which may be allowed against his sentence, when the board denies his [application,] parole, the elapsed time between hearings must not exceed 5 years.

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

________

 

CHAPTER 55, AB 391

Assembly Bill No. 391–Committee on Judiciary

 

CHAPTER 55

 

AN ACT relating to prisoners; making technical corrections to the statutes concerning credits against the sentences of certain prisoners; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 209.433 is hereby amended to read as follows:

    209.433  1.  Every offender who was sentenced to prison on or before June 30, 1969, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.

    2.  [The mode of reckoning credits must be as shown in the following table:SCHEDULE OF CREDITS


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ê1999 Statutes of Nevada, Page 135 (Chapter 55, AB 391)ê

 

SCHEDULE OF CREDITS

 

    Number of years             Good time                                                                                                                 Time to be served

    of sentence.                       granted.                                          Total good time made.                                if full time is made.

 

    1st year                            2 months                                                                      2 months                                                10 months

    2nd year                           2 months                                                                      4 months                         1 year,             8 months

    3rd year                            4 months                                                                      8 months                       2 years,             4 months

    4th year                            4 months                                         1 year                                                                                         3 years

    5th year                            5 months                                        1 year,                  5 months                       3 years,             7 months

    6th year                            5 months                                        1 year,                10 months                       4 years,             2 months

    7th year                            5 months                                      2 years,                  3 months                       4 years,             9 months

    8th year                            5 months                                      2 years,                  8 months                       5 years,             4 months

    9th year                            5 months                                      3 years,                    1 month                       5 years,           11 months

    10th year                         5 months                                      3 years,                  6 months                       6 years,             6 months

 

and so on through as many years as may be the term of the sentence.

    3.]  In addition to the credits for good behavior provided for in subsection 1, the board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits the credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:

    (a) For earning a general equivalency diploma, 30 days.

    (b) For earning a high school diploma, 60 days.

    (c) For earning an associate degree, 90 days.

    [4.] 3.  Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or [3] 2 as determined by the director.

    Sec. 2.  NRS 209.443 is hereby amended to read as follows:

    209.443  1.  Every offender who is sentenced to prison after June 30, 1969, for a crime committed before July 1, 1985, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:

    (a) For the period he is actually incarcerated under sentence; and

    (b) For the period he is in residential confinement,

a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned for actual time served.

    2.  [Credits accumulate as shown in the following table:SCHEDULE OF CREDITS


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ê1999 Statutes of Nevada, Page 136 (Chapter 55, AB 391)ê

 

SCHEDULE OF CREDITS

 

    Number of                       Good time                                                  Total good

    years served.                      granted.                                                    time made.

 

    1 year       2 months                                                                                                                                                                 2 months

    2 years      2 months                                                                                                                                                                 4 months

    3 years      4 months                                                                                                                                                                 8 months

    4 years      4 months                                                                                                                                                                       1 year

    5 years      5 months                                            1 year,                                                                                                        5 months

    6 years      5 months                                            1 year,                                                                                                      10 months

    7 years      5 months                                           2 years,                                                                                                        3 months

    8 years      5 months                                           2 years,                                                                                                        8 months

    9 years      5 months                                           3 years,                                                                                                          1 month

    10 years   5 months                                           3 years,                                                                                                        6 months

 

and so on through as many years as may be the term of the sentence. The “total good time made”] The credits earned by an offender must be deducted from the maximum term imposed by the sentence and, except as otherwise provided in subsection 5, [applies] apply to eligibility for parole.

    3.  In addition to the credits for good behavior provided for in subsection 1, the board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:

    (a) For earning a general equivalency diploma, 30 days.

    (b) For earning a high school diploma, 60 days.

    (c) For earning an associate degree, 90 days.

    4.  Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or 3 as determined by the director.

    5.  Credits earned pursuant to this section do not apply to eligibility for parole if a statute specifies a minimum sentence which must be served before a person becomes eligible for parole.

    Sec. 3.  NRS 209.447 is hereby amended to read as follows:

    209.447  1.  An offender who is sentenced after June 30, 1991, for a crime committed before July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned. [Credits accumulate pursuant to this subsection as shown in the table set forth in subsection 2 of NRS 209.443.]

    2.  An offender who is sentenced after June 30, 1991, for a crime committed on or after July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 10 days from his sentence for each month he serves.


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ê1999 Statutes of Nevada, Page 137 (Chapter 55, AB 391)ê

 

period he is actually on parole a deduction of 10 days from his sentence for each month he serves.

    3.  An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the director. The chief parole and probation officer or other person responsible for the supervision of an offender shall report to the director the failure of an offender to satisfy those conditions.

    4.  Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.448 and 209.449, be deducted from the maximum term imposed by the sentence.

    5.  The director shall maintain records of the credits to which each offender is entitled pursuant to this section.

    Sec. 4.  The amendatory provisions of this act do not affect any credits earned against the sentence of a person sentenced to imprisonment in the state prison for a crime committed before, on or after October 1, 1999.

________

 

CHAPTER 56, AB 649

Assembly Bill No. 649–Committee on Judiciary

 

CHAPTER 56

 

AN ACT relating to older persons; removing certain obsolete provisions concerning certain protective services for older persons; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 200.5093 is hereby amended to read as follows:

    200.5093  1.  A person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected, exploited or isolated. The report must be made to:

    (a) The local office of the [welfare or] aging services division of the department of human resources;

    (b) A police department or sheriff’s office;

    (c) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

    (d) A toll-free telephone service designated by the aging services division of the department of human resources.

If the report of abuse, neglect, exploitation or isolation of an older person involves an act or omission of the [welfare division,] aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.

    2.  Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected, exploited or isolated:


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ê1999 Statutes of Nevada, Page 138 (Chapter 56, AB 649)ê

 

    (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

    (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

    (c) A coroner.

    (d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.

    (e) Every person who maintains or is employed by an agency to provide nursing in the home.

    (f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.

    (g) Any employee of the department of human resources.

    (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

    (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

    (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

    (k) Every social worker.

    (l) Any person who owns or is employed by a funeral home or mortuary.

    3.  A report may be filed by any other person.

    4.  A person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

    5.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.


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ê1999 Statutes of Nevada, Page 139 (Chapter 56, AB 649)ê

 

    6.  If the investigation of the report results in the belief that the older person is abused, neglected, exploited or isolated, the [welfare] aging services division of the department of human resources or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

    7.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

    Sec. 2.  NRS 200.50984 is hereby amended to read as follows:

    200.50984  1.  Notwithstanding any other statute to the contrary, the local office of the [welfare] aging services division of the department of human resources and a county’s office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that person’s medical and financial records.

    2.  Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the [welfare] aging services division or the county’s office for protective services shall obtain the consent of the older person before inspecting those records. If the [welfare] aging services division or the county’s office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the [welfare] aging services division or the county’s office for protective services shall obtain the consent of the guardian before inspecting those records. If the [welfare] aging services division or the county’s office for protective services has reason to believe that the guardian is abusing, neglecting, exploiting or isolating the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.

    Sec. 3.  NRS 200.50986 is hereby amended to read as follows:

    200.50986  The local office of the [welfare] aging services division or the county’s office for protective services may petition a court in accordance with NRS 159.185 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the [welfare] aging services division or the county’s office of protective services has reason to believe that the guardian is abusing, neglecting, exploiting or isolating the older person in violation of NRS 200.5095 to 200.50995, inclusive.

    Sec. 4.  This act becomes effective at 12:01 a.m. on July 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 140ê

 

CHAPTER 57, SB 146

Senate Bill No. 146–Senators Titus, Amodei, Mathews, O’Donnell, Porter, Raggio, Rawson and Shaffer

 

CHAPTER 57

 

AN ACT relating to crimes; providing an enhanced penalty for the assault or battery of a taxicab driver; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 200.471 is hereby amended to read as follows:

    200.471  1.  As used in this section:

    (a) “Assault” means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

    (b) “Officer” means:

         (1) A person who possesses some or all of the powers of a peace officer;

         (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

         (3) A member of a volunteer fire department;

         (4) A jailer, guard, matron or other correctional officer of a city or county jail; or

         (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph.

    (c) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

    (d) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

    (e) “Taxicab driver” means a person who operates a taxicab.

    (f) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

    2.  A person convicted of an assault shall be punished:

    (a) If paragraph (c) of this subsection does not apply to the circumstances of the crime and the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

    (b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    (c) If the assault is committed upon an officer, a school employee , a taxicab driver or a transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee , taxicab driver or transit operator, for a gross misdemeanor, unless the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.


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ê1999 Statutes of Nevada, Page 141 (Chapter 57, SB 146)ê

 

more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    Sec. 2.  NRS 200.481 is hereby amended to read as follows:

    200.481  1.  As used in this section:

    (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

    (b) “Child” means a person less than 18 years of age.

    (c) “Officer” means:

         (1) A person who possesses some or all of the powers of a peace officer;

         (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

         (3) A member of a volunteer fire department;

         (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility; or

         (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph.

    (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

    (e) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

    (f) “Taxicab driver” means a person who operates a taxicab.

    (g) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

    2.  Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

    (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor.

    (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a category C felony as provided in NRS 193.130.

    (c) If the battery is committed upon an officer, school employee , taxicab driver or transit operator and:

         (1) The officer, school employee , taxicab driver or transit operator was performing his duty;

         (2) The officer, school employee , taxicab driver or transit operator suffers substantial bodily harm; and

         (3) The person charged knew or should have known that the victim was an officer, school employee , taxicab driver or transit operator,

for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

    (d) If the battery is committed upon an officer, school employee , taxicab driver or transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee , taxicab driver or transit operator, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.


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ê1999 Statutes of Nevada, Page 142 (Chapter 57, SB 146)ê

 

taxicab driver or transit operator, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

    (e) If the battery is committed with the use of a deadly weapon, and:

         (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

         (2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

    (f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

    (g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, and:

         (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

         (2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

    Sec. 3.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.

________

 

CHAPTER 58, SB 347

Senate Bill No. 347–Senators Wiener, Washington, Care, Amodei, Coffin, James, Mathews, McGinness, Porter, Schneider, Shaffer and Titus

 

CHAPTER 58

 

AN ACT relating to guardianships; requiring a court to consider certain factors in determining whether a parent is qualified and suitable to act as guardian of a minor; requiring a court to consider certain factors in determining the best interests of a minor when asked to remove the guardian of the minor; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 159.061 is hereby amended to read as follows:

    159.061  1.  The parents of a minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the minor. In determining whether the parents of a minor, or either parent, is qualified and suitable, the court shall consider, without limitation:

    (a) Which parent has physical custody of the minor;


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ê1999 Statutes of Nevada, Page 143 (Chapter 58, SB 347)ê

 

    (b) The ability of the parents or parent to provide for the basic needs of the child, including, without limitation, food, shelter, clothing and medical care;

    (c) Whether the parents or parent has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months; and

    (d) Whether the parents or parent has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the exploitation of a child.

    2.  Subject to the preference set forth in subsection 1, the court shall appoint as guardian for an incompetent, a person of limited capacity or minor the qualified person who is most suitable and is willing to serve.

    3.  In determining who is most suitable, the court shall give consideration, among other factors, to:

    (a) Any request for the appointment as guardian for an incompetent contained in a written instrument executed by the incompetent while competent.

    (b) Any nomination of a guardian for an incompetent, minor or person of limited capacity contained in a will or other written instrument executed by a parent or spouse of the proposed ward.

    (c) Any request for the appointment as guardian for a minor 14 years of age or older made by the minor.

    (d) The relationship by blood or marriage of the proposed guardian to the proposed ward.

    (e) Any recommendation made by a special master pursuant to NRS 159.0615.

    Sec. 2.  NRS 159.186 is hereby amended to read as follows:

    159.186  1.  Notwithstanding any other provision of law, if a guardian is appointed for a minor, except as otherwise provided in subsection [2,] 3, the court shall not remove the guardian or appoint another person as guardian unless the court finds that removal of the guardian or appointment of another person as guardian is in the best interests of the minor.

    2.  For the purposes of this section in determining the best interests of the minor, the court shall consider, without limitation:

    (a) The ability of the present guardian to provide for the basic needs of the minor, including, without limitation, food, shelter, clothing and medical care;

    (b) The safety of the home in which the minor is residing;

    (c) The length of time that the minor has been in the care of the present guardian;

    (d) The current well being of the minor, including whether the minor is prospering in the environment being provided by the present guardian;

    (e) The emotional bond existing between the present guardian and the minor;

    (f) If the person petitioning the court to replace the present guardian was previously removed from the care, custody or guardianship of the minor:

         (1) The level of participation before the petition was filed by the petitioner in the welfare of the minor; and


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ê1999 Statutes of Nevada, Page 144 (Chapter 58, SB 347)ê

 

         (2) If applicable, whether the petitioner has received instruction in parenting, participated in a program of rehabilitation or undergone counseling for any problem or conduct that the court, in appointing the present guardian, considered as an indication of the previous unfitness of the petitioner; and

    (g) The mental and physical health of the present guardian.

    3.  The court may remove the guardian of a minor or appoint another person as guardian if the guardian files a petition to resign his position as guardian.

________

 

CHAPTER 59, SB 361

Senate Bill No. 361–Committee on Judiciary

 

CHAPTER 59

 

AN ACT relating to writs of habeas corpus; specifying the circumstances under which a court may summarily dismiss a petition for a writ of habeas corpus; making various other changes to the provisions governing writs of habeas corpus; providing that credits against the sentence of an offender may be forfeited for the filing of a frivolous petition for a writ of habeas corpus; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 34.430 is hereby amended to read as follows:

    34.430  1.  [Within the period specified in an order by the district court or supreme court pursuant to] Except as otherwise provided in subsection 1 of NRS 34.745, the respondent shall serve upon the petitioner and file with the court a return and an answer [which] that must respond to the allegations of the petition [.] within 45 days or a longer period fixed by the judge or justice.

    2.  The return must state plainly and unequivocally whether the respondent has [or has not] the party in custody, or under his power or restraint. If the respondent has the petitioner in his custody or power, or under his restraint, he shall state the authority and cause of the imprisonment or restraint, setting forth with specificity the basis for custody.

    3.  If the petitioner is detained by virtue of any judgment, writ, warrant or [any] other written authority, a certified or exemplified copy must be annexed to the return.

    4.  If the respondent has the petitioner in his power or custody or under his restraint before or after the date of the writ of habeas corpus [,] but has transferred custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority the transfer took place.

    5.  The return must be signed by the respondent and, unless the respondent is a sworn public officer who makes the return in his official capacity, verified under oath or affirmation.


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ê1999 Statutes of Nevada, Page 145 (Chapter 59, SB 361)ê

 

    Sec. 2.  NRS 34.570 is hereby amended to read as follows:

    34.570  Until judgment is given on [the return,] a petition, the judge before whom any party may be brought on [such writ may commit] the petition may:

    1.  Commit him to the custody of the sheriff of the county [, or place] ; or

    2.  Place him in such care or under such custody as his age or circumstances may require.

    Sec. 3.  NRS 34.738 is hereby amended to read as follows:

    34.738  1.  A petition that challenges the validity of a conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred. Any other petition must be filed with the clerk of the district court for the county in which the petitioner is incarcerated.

    2.  A petition that is not filed in the district court for the appropriate county:

    (a) Shall be deemed to be filed on the date it is received by the clerk of the district court in which the petition is initially lodged; and

    (b) Must be transferred by the clerk of that court to the clerk of the district court for the appropriate county.

    3.  A petition must not challenge both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to that judgment . [unless the conviction occurred in the judicial district in which the petitioner is incarcerated.] If a petition improperly challenges both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to that judgment, the district court for the appropriate county shall resolve that portion of the petition that challenges the validity of the judgment of conviction or sentence and dismiss the remainder of the petition without prejudice.

    Sec. 4.  NRS 34.745 is hereby amended to read as follows:

    34.745  1.  If a petition challenges the validity of a judgment of conviction or sentence and is the first petition filed by the petitioner, the judge or justice shall order the [respondent] district attorney or the attorney general, whichever is appropriate, to:

    (a) File:

         (1) A response or an answer to the petition; and

         (2) [A] If an evidentiary hearing is required pursuant to NRS 34.770, a return,

within 45 days or a longer period fixed by the judge or justice; or

    (b) Take [such] other action [as] that the judge or justice deems appropriate.

    2.  If a petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction, the judge or justice shall order the attorney general to:

    (a) File:

         (1) A response or an answer to the petition; and

         (2) A return,

within 45 days or a longer period fixed by the judge or justice.

    (b) Take other action that the judge or justice deems appropriate.


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ê1999 Statutes of Nevada, Page 146 (Chapter 59, SB 361)ê

 

    3.  An order entered pursuant to subsection 1 or 2 must be in substantially the following form, with appropriate modifications if the order is entered by a justice of the supreme court:

 

Case No.  .........................

Dept. No.  ........................

 

IN THE .................. JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF ..................

 

   

    Petitioner,

 

    v. ORDER

 

   

    Respondent.

 

    Petitioner filed a petition for a writ of habeas corpus on ............, 19.... The court has reviewed the petition and has determined that a response would assist the court in determining whether petitioner is illegally imprisoned and restrained of his liberty. Respondent shall, within 45 days after the date of this order, answer or otherwise respond to the petition and file a return in accordance with the provisions of NRS 34.360 to 34.830, inclusive.

 

    Dated ..................... , 19....

 

        

    District Judge

 

A copy of the order must be served on the petitioner or his counsel, the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.

    [3.] 4.  If the petition is a second or successive petition challenging the validity of a judgment of conviction or sentence [,] and if it plainly appears from the face of the petition or an amended petition and [any] documents and exhibits that are annexed to it, or from [any of the] records of the court [,] that the petitioner is not entitled to relief [,] based on any of the grounds set forth in subsection 2 of NRS 34.810, the judge or justice shall enter an order for its summary dismissal and cause the petitioner to be notified of the entry of the order.

    [4.] 5.  If the judge or justice relies on the records of the court in entering an order pursuant to this section, those records must be made a part of the record of the proceeding before entry of the order.

    Sec. 5.  NRS 209.451 is hereby amended to read as follows:

    209.451  1.  If an offender:

    (a) Commits an assault upon his keeper or a foreman, officer, offender or other person, or otherwise endangers life;


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ê1999 Statutes of Nevada, Page 147 (Chapter 59, SB 361)ê

 

    (b) Is guilty of a flagrant disregard of the regulations of the department or of the terms and conditions of his residential confinement;

    (c) Commits a misdemeanor, gross misdemeanor or felony; or

    (d) In a civil action, in state or federal court, is found by the court to have presented a pleading, written motion or other document in writing to the court which:

         (1) Contains a claim or defense that is included for an improper purpose, including, without limitation, for the purpose of harassing his opponent, causing unnecessary delay in the litigation or increasing the cost of the litigation;

         (2) Contains a claim, defense or other argument which is not warranted by existing law or by a reasonable argument for a change in existing law or a change in the interpretation of existing law; or

         (3) Contains allegations or information presented as fact for which evidentiary support is not available or is not likely to be discovered after further investigation,

he forfeits all deductions of time earned by him before the commission of that offense or act, or forfeits such part of those deductions as the director considers just.

    2.  If an offender commits a serious violation of the regulations of the department or of the terms and conditions of his residential confinement or if an offender violates subsection 4 of NRS 209.367, he may forfeit all or part of such deductions, in the discretion of the director.

    3.  A forfeiture may be made only by the director after proof of the commission of an act prohibited pursuant to this section and notice to the offender in the manner prescribed in the regulations of the department. The decision of the director regarding a forfeiture is final.

    4.  The director may restore credits forfeited for such reasons as he considers proper.

    5.  As used in this section, “civil action” includes a petition for a writ of habeas corpus filed in state or federal court.

    Sec. 6.  The amendatory provisions of this act apply to post-conviction proceedings that are commenced on or after October 1, 1999.

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ê1999 Statutes of Nevada, Page 148ê

 

CHAPTER 60, SB 232

Senate Bill No. 232–Senators Porter, Rawson, Townsend, Schneider, Washington, Jacobsen, Amodei, Care, James, McGinness, Rhoads and Wiener

 

Joint Sponsor: Assemblywoman Segerblom

 

CHAPTER 60

 

AN ACT relating to children; requiring the division of child and family services of the department of human resources and private adoption agencies to disclose certain information to prospective adoptive parents; revising the amount of money that the division may charge for certain services it provides related to the placement of a child for adoption; providing a preference for the placement of siblings together; and providing other matters properly relating thereto.

 

[Approved April 27, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 127 of NRS is hereby amended by adding thereto a new section to read as follows:

    A child-placing agency shall, to the extent practicable, give preference to the placement of a child for adoption or permanent free care together with his siblings.

    Sec. 2.  NRS 127.152 is hereby amended to read as follows:

    127.152  1.  Except as otherwise provided in subsection 2, the division or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes:

    (a) A copy of any medical records of the child which are in the possession of the division or licensed child-placing agency; and

    (b) Any information [regarding the medical and sociological history of the child] obtained by the division or licensed child-placing agency during interviews of the natural parent [.] regarding:

         (1) The medical and sociological history of the child and the natural parents of the child; and

         (2) Any behavioral, emotional or psychological problems that the child may have. Information regarding any behavioral, emotional or psychological problems that the child may have must be discussed in accordance with policies adopted by the division for the disclosure of such information.

    2.  The report created pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.

    Sec. 3.  NRS 127.220 is hereby amended to read as follows:

    127.220  As used in NRS [127.230] 127.220 to 127.310, inclusive, and section 1 of this act, unless the context otherwise requires:

    1.  “Arrange the placement of a child” means to make preparations for or bring about any agreement or understanding concerning the adoption of a child.

    2.  “Child-placing agency” means the division or a nonprofit corporation organized pursuant to chapter 82 of NRS, and licensed by the division to place children for adoption or permanent free care.


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ê1999 Statutes of Nevada, Page 149 (Chapter 60, SB 232)ê

 

    3.  “Person” includes a hospital.

    4.  “Recommend the placement of a child” means to suggest to a licensed child-placing agency that a prospective adoptive parent be allowed to adopt a specific child, born or in utero.

    Sec. 4.  NRS 127.275 is hereby amended to read as follows:

    127.275  1.  Except as otherwise provided in this section, the division shall, in accordance with NRS 232.464 , charge [,] reasonable fees for the services it provides in placing, arranging the placement of or assisting in placing or arranging the placement of any child for adoption, and for conducting any investigation required by NRS 127.2805.

    2.  The fees charged for those services must vary based on criteria developed by the division, but must not exceed [$2,500.] the usual and customary fees that licensed child-placing agencies in the area where the services are provided, or in a similar geographic area, would charge for those services. The division shall not discriminate between adoptions made through an agency and specific adoptions in setting its fees.

    3.  A fee must not be charged for services related to the adoption of a child with special needs.

    4.  The division may waive or reduce any fee charged pursuant to this section if it determines that the adoptive parents are not able to pay the fee or the needs of the child require a waiver or reduction of the fee.

    5.  Any money collected pursuant to this section must be accounted for in the appropriate account of the division and may be used only to pay for the costs of any adoptive or post-adoptive services provided by the division.

    Sec. 5.  NRS 128.110 is hereby amended to read as follows:

    128.110  1.  Whenever the procedure described in this chapter has been followed, and upon finding grounds for the termination of parental rights pursuant to NRS 128.105 at a hearing upon the petition, the court shall make a written order, signed by the judge presiding in the court, judicially depriving the parent or parents of the custody and control of, and terminating the parental rights of the parent or parents with respect to the child, and declaring the child to be free from such custody or control, and placing the custody and control of the child in some person or agency qualified by the laws of this state to provide services and care to children, or to receive any children for placement.

    2.  If the child is placed in the custody and control of a person or agency qualified by the laws of this state to receive children for placement, the person or agency , [may,] in seeking to place the child [,] :

    (a) May give preference to the placement of the child with any person related within the third degree of consanguinity to the child whom the person or agency finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.

    (b) Shall, if practicable, give preference to the placement of the child together with his siblings.

    Sec. 6.  NRS 432B.550 is hereby amended to read as follows:

    432B.550  1.  If the court finds that [the] a child is in need of protection, it shall determine whether reasonable efforts were made by the agency which provides protective services to prevent or eliminate the need for his removal from his home and to facilitate his return to his home. The court may, by its order, after receipt and review of the report from the agency which provides protective services:


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ê1999 Statutes of Nevada, Page 150 (Chapter 60, SB 232)ê

 

court may, by its order, after receipt and review of the report from the agency which provides protective services:

    (a) Permit the child to remain in the custody of his parents or guardian with or without supervision by the court or a person or agency designated by the court, upon such conditions as the court may prescribe;

    (b) Place him in the temporary or permanent custody of a relative who the court finds suitable to receive and care for him with or without supervision, upon such conditions as the court may prescribe;

    (c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the department of human resources to care for such a child; or

    (d) Commit him to the custody of the superintendent of the northern Nevada children’s home or the superintendent of the southern Nevada children’s home, in accordance with chapter 423 of NRS.

    2.  If, pursuant to subsection 1, a child is placed other than with a parent, the parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.

    3.  If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the court’s attention.

    4.  A copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian.

    5.  In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of his parents or guardian, preference must be given to placing the child:

    (a) With any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.

    (b) If practicable, together with his siblings.

If a child is placed with any person who resides outside of this state, the placement must be in accordance with NRS 127.330.

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ê1999 Statutes of Nevada, Page 151ê

 

CHAPTER 61, SB 36

Senate Bill No. 36–Senator James (by request)

 

CHAPTER 61

 

AN ACT relating to taxation; revising the time within which a claim for a homeowner’s refund may be filed under the Senior Citizens’ Property Tax Assistance Act; advancing the date by which such a refund must be paid; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 361.838 is hereby amended to read as follows:

    361.838  1.  A claim may be filed with the assessor of the county in which the claimant’s home or mobile home lot is located between [January 15 and April 30,] February 1 and April 15, inclusive.

    2.  The claim must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.

    3.  The department or county assessor shall furnish the appropriate form to each claimant.

    4.  The county assessor shall, within [45] 30 days after receiving a claim for a refund:

    (a) Process the application;

    (b) Determine the assessed valuation of the property to which the claim applies, if applicable; and

    (c) Submit the claim to the department.

    5.  The department shall not accept a claim submitted pursuant to subsection 4 after July 1.

    Sec. 2.  NRS 361.841 is hereby amended to read as follows:

    361.841  1.  The department shall examine each claim, granting or denying it, and if granted, shall determine the refund to which the claimant is entitled.

    2.  Upon examination, if:

    (a) The claim is denied, the department shall so notify the claimant by first-class mail.

    (b) The claim is granted, the department shall pay the refund to the claimant by [September 30.] August 15.

    Sec. 3.  This act becomes effective on January 1, 2000.

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ê1999 Statutes of Nevada, Page 152ê

 

CHAPTER 62, SB 173

Senate Bill No. 173–Committee on Judiciary

 

CHAPTER 62

 

AN ACT relating to criminal procedure; revising the provisions governing discovery in criminal cases; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 174.234 is hereby amended to read as follows:

    174.234  1.  Except as otherwise provided in this section, not less than 5 judicial days before trial or at such other time as the court [may direct:] directs:

    (a) If the defendant will be tried for one or more offenses that are punishable as a gross misdemeanor or felony:

         (1) The defendant shall file and serve upon the prosecuting attorney a written notice containing the names and last known addresses of all witnesses the defendant intends to call during the case in chief of the defendant; and

    [(b)] (2) The prosecuting attorney shall file and serve upon the defendant a written notice containing the names and last known addresses of all witnesses the prosecuting attorney intends to call during the case in chief of the state.

    (b) If the defendant will not be tried for any offenses that are punishable as a gross misdemeanor or felony:

         (1) The defendant shall file and serve upon the prosecuting attorney a written notice containing the name and last known address of any witness the defendant intends to call during the case in chief of the defendant whose name and last known address have not otherwise been provided to the prosecuting attorney pursuant to NRS 174.245; and

         (2) The prosecuting attorney shall file and serve upon the defendant a written notice containing the name and last known address or place of employment of any witness the prosecuting attorney intends to call during the case in chief of the state whose name and last known address or place of employment have not otherwise been provided to the defendant pursuant to NRS 171.1965 or 174.235.

    2.  If the defendant will be tried for one or more offenses that are punishable as a gross misdemeanor or felony and a witness that a party intends to call during the case in chief of the state or during the case in chief of the defendant is expected to offer testimony as an expert witness, the party who intends to call that witness shall file and serve upon the opposing party, not less than 21 days before trial or at such other time as the court [may direct,] directs, a written notice containing:

    (a) A brief statement regarding the subject matter on which the expert witness is expected to testify and the substance of his testimony;

    (b) A copy of the curriculum vitae of the expert witness; and

    (c) A copy of all reports made by or at the direction of the expert witness.

    3.  After complying with the provisions of subsections 1 and 2, each party has a continuing duty to file and serve upon the opposing party:


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ê1999 Statutes of Nevada, Page 153 (Chapter 62, SB 173)ê

 

    (a) Written notice of the names and last known addresses of any additional witnesses that the party intends to call during the case in chief of the state or during the case in chief of the defendant. A party shall file and serve written notice pursuant to this paragraph as soon as practicable after the party determines that he intends to call an additional witness during the case in chief of the state or during the case in chief of the defendant. The court shall prohibit an additional witness from testifying if the court determines that the party acted in bad faith by not including the witness on the written notice required pursuant to subsection 1.

    (b) Any information relating to an expert witness that is required to be disclosed pursuant to subsection 2. A party shall provide information pursuant to this paragraph as soon as practicable after the party obtains that information. The court shall prohibit the party from introducing that information in evidence or shall prohibit the expert witness from testifying if the court determines that the party acted in bad faith by not timely disclosing that information pursuant to subsection 2.

    4.  Each party has a continuing duty to file and serve upon the opposing party any change in the last known address, or, if applicable, last known place of employment, of any witness that the party intends to call during the case in chief of the state or during the case in chief of the defendant as soon as practicable after the party obtains that information.

    5.  Upon a motion by either party or the witness, the court shall prohibit disclosure to the other party of the address of the witness if the court determines that disclosure of the address would create a substantial threat to the witness of bodily harm, intimidation, coercion or harassment. If the court prohibits disclosure of an address pursuant to this subsection, the court shall, upon the request of a party, provide the party or his attorney or agent with an opportunity to interview the witness in an environment that provides for protection of the witness.

    [5.] 6.  In addition to the sanctions and protective orders otherwise provided in subsections 3 and [4,] 5, the court may upon the request of a party:

    (a) Order that disclosure pursuant to this section be denied, restricted or deferred pursuant to the provisions of NRS 174.275; or

    (b) Impose sanctions pursuant to subsection 2 of NRS 174.295 for the failure to comply with the provisions of this section.

    [6.] 7.  A party is not entitled, pursuant to the provisions of this section, to the disclosure of the name or address of a witness or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the constitution or laws of this state or the Constitution of the United States.

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

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ê1999 Statutes of Nevada, Page 154ê

 

CHAPTER 63, SB 202

Senate Bill No. 202–Committee on Transportation

 

CHAPTER 63

 

AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to file a certificate of delinquency on taxes, fees and assessments owed to the department; deleting an exemption provided for certain special fuel users from the requirement of obtaining a special fuel user’s license; providing that certain refunds owed to licensed special fuel users be credited against any debt owing to the department by such users; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  If any tax, fee or assessment administered by the department is not paid when due, the department may, within 3 years after the date that the tax, fee or assessment was due, file for record a certificate in the office of any county recorder which states:

    (a) The amount of the tax, fee or assessment and any interest or penalties due;

    (b) The name and address of the person who is liable for the amount due as they appear on the records of the department; and

    (c) That the department has complied with all procedures required by law for determining the amount due.

    2.  From the time of the filing of the certificate, the amount due, including interest and penalties, constitutes a lien upon all real and personal property in the county owned by the person or acquired by him afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the filing of the certificate unless sooner released or otherwise discharged.

    3.  Within 5 years after the date of the filing of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, as appropriate, the lien may be extended by filing for record a new certificate in the office of the county recorder of any county. From the time of filing, the lien is extended to all real and personal property in the county owned by the person or acquired by him afterwards for 5 years, unless sooner released or otherwise discharged.

    Sec. 3.  1.  The department may release all or any portion of the property subject to a lien imposed by the department pursuant to section 2 of this act or subordinate the lien to other liens and encumbrances if the department determines that the amount, interest and penalties are secured sufficiently by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.

    2.  A certificate issued by the department stating that property has been released from a lien, or that a lien has been subordinated to other liens and encumbrances, is conclusive evidence that the property has been released, or that the lien has been subordinated.


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ê1999 Statutes of Nevada, Page 155 (Chapter 63, SB 202)ê

 

    Sec. 4.  NRS 366.221 is hereby amended to read as follows:

    366.221  1.  Except as otherwise provided in subsection 2, [no] a special fuel user’s license [may be] is not required of the following classes of special fuel users:

    (a) Operators of motor vehicles who make occasional trips into this state for service or repair.

    (b) Operators of house coaches as defined in NRS 484.067.

    (c) Operators of motor vehicles having a declared gross weight of 26,000 pounds or less.

    (d) Operators of unladen motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.

    (e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.

    [(f) Operators of motor vehicles used in the production of motion pictures, including films to be shown in theaters and on television, industrial, training and educational films, commercials for television and video discs and tapes.

    (g) Private motor carriers of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

    (h) A private motor carrier of property which is used to attend livestock shows or sales.]

    2.  A person otherwise exempt pursuant to subsection 1 who does not purchase special fuel in this state in an amount commensurate with his consumption of special fuel in the propulsion of motor vehicles on the highways of this state shall secure a special fuel user’s license.

    3.  As used in this section, “private motor carrier of property” has the meaning ascribed to it in NRS 706.111.

    Sec. 5.  NRS 366.650 is hereby amended to read as follows:

    366.650  1.  If illegally or through error the department collects or receives any excise tax, penalty or interest imposed pursuant to this chapter, the excise tax, penalty or interest must be refunded to the person who paid the tax, penalty or interest. Except as otherwise provided in NRS 360.235, a written application for a refund, stating the specific grounds therefor, must be made within 36 months after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.

    2.  Refunds must be made to a successor, assignee, estate or heir of the person if written application is made within the time limit.

    3.  Any amount determined to be refundable by the department must be refunded or credited to any amounts then due from the special fuel supplier or special fuel dealer.

    4.  All amounts refunded pursuant to the provisions of this chapter must be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.

    5.  [Licensed] A licensed special fuel [users] user operating interstate or off road, or both, who can prove to the satisfaction of the department that [their] his special fuel purchases in Nevada exceed [their] his use of the special fuel over the highways of this state for a certain quarter must apply credit to any excise taxes, penalties or interest required by this chapter or fees, taxes, penalties or interest applicable pursuant to chapter 371, 482 or 706 of NRS and any balance may be refunded or credited to succeeding reports.


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ê1999 Statutes of Nevada, Page 156 (Chapter 63, SB 202)ê

 

fees, taxes, penalties or interest applicable pursuant to chapter 371, 482 or 706 of NRS and any balance may be refunded or credited to succeeding reports.

    6.  A person who wishes to apply for a refund of the tax on special fuel paid by him pursuant to subsection 5 of NRS 366.207 must:

    (a) Submit an application for the refund on a form prescribed by the department; and

    (b) Establish to the satisfaction of the department that within a period of 6 months he purchased not less than 200 gallons of special fuel in this state which was used for a purpose that is exempt from the tax on special fuel pursuant to NRS 366.200.

The department shall refund to an applicant who complies with the provisions of this subsection a refund in an amount equal to the tax paid by that person when he purchased the special fuel.

________

 

CHAPTER 64, SB 204

Senate Bill No. 204–Committee on Transportation

 

CHAPTER 64

 

AN ACT relating to historic preservation; authorizing the board of directors of the Las Vegas Valley water district to establish and maintain a desert preserve located in or within the vicinity of the Big Spring Archeological District; providing for the issuance of special license plates to support the desert preserve; imposing a fee for the issuance or renewal of those license plates; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

    1.  Except as otherwise provided in this subsection, the department shall, in cooperation with the board of directors of the Las Vegas Valley water district, design, prepare and issue license plates to support the desert preserve established by the board of directors of the Las Vegas Valley water district. The license plates may include any colors and designs that the department deems appropriate.

    2.  The department may issue license plates specified in subsection 1 for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to the provisions of NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to the provisions of this chapter. A person may request that personalized prestige license plates issued pursuant to the provisions of NRS 482.3667 be combined with license plates specified in subsection 1 if that person pays, in addition to the fees specified in subsections 3 and 4, the fees for the personalized prestige license plates.

    3.  The fee for license plates specified in subsection 1 is $35. The fee is in addition to any other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment of $10.


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ê1999 Statutes of Nevada, Page 157 (Chapter 64, SB 204)ê

 

    4.  In addition to the fees for the license, registration and privilege taxes, a person who requests the issuance of license plates specified in subsection 1 must pay:

    (a) For the initial issuance of the plates an additional fee of $25; and

    (b) For each renewal of the plates an additional $20 to support the desert preserve specified in subsection 1.

    5.  The department shall deposit the fees collected pursuant to the provisions of subsection 4 with the state treasurer for credit to an account for the support of the desert preserve established by the board of directors of the Las Vegas Valley water district. On or before January 1, April 1, July 1 and October 1 of each year, the state controller shall distribute the money deposited in the account for the preceding quarter to the board of directors of the Las Vegas Valley water district.

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

    (a) Affix the license plates to another vehicle that meets the requirements of this section if the transfer and registration fees are paid pursuant to the provisions of this chapter; or

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

    Sec. 2.  NRS 482.2703 is hereby amended to read as follows:

    482.2703  1.  The director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The director shall ensure that:

    (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

    (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

    2.  The director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The director shall ensure that:

    (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

    (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

    3.  The director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

    4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

    5.  All money collected from the issuance of sample license plates must be deposited in the state treasury for credit to the motor vehicle fund.


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ê1999 Statutes of Nevada, Page 158 (Chapter 64, SB 204)ê

 

    6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

    Sec. 3.  NRS 482.500 is hereby amended to read as follows:

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

 

For a certificate of registration............................................................... $5.00

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

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

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

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

 

    2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

    (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.

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

    (c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

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

    4.  As used in this section:

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

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

    Sec. 4.  Chapter 167, Statutes of Nevada 1947, as last amended by chapter 506, Statutes of Nevada 1997, at page 2404, is hereby amended by adding thereto a new section to be designated as section 29, immediately following section 28, to read as follows:

    Sec. 29.  1.  The board of directors may establish and maintain a desert preserve located in or within the vicinity of the Big Spring Archeological District. The preserve may include, without limitation:

    (a) Exhibits demonstrating conservation, the use of water, horticulture or the history of Southern Nevada; and

    (b) Any other features associated with the topography, geology or history of Nevada.


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ê1999 Statutes of Nevada, Page 159 (Chapter 64, SB 204)ê

 

    2.  The board of directors may create a board of trustees to supervise the development of the desert preserve established pursuant to the provisions of subsection 1. If a board of trustees is created, the members of the board of trustees may:

    (a) Enter into agreements to establish and maintain any exhibits, attractions or facilities for visitors included in the preserve; and

    (b) Accept gifts, grants, contributions or donations of money or property for the establishment or management of the desert preserve.

    3.  To the greatest extent practicable, the board of directors and the board of trustees if created pursuant to the provisions of subsection 2, shall fund and operate the preserve with money received pursuant to the provisions of paragraph (b) of subsection 2.

    Sec. 5.  On or before October 1, 2003, the department of motor vehicles and public safety shall determine and publicly declare the number of applications it has received for the issuance of license plates pursuant to the provisions of section 1 of this act.

    Sec. 6.  The amendatory provisions of sections 1, 2 and 3 of this act expire by limitation on October 1, 2003, if on that date the department of motor vehicles and public safety has received less than 250 applications for the issuance of license plates pursuant to the provisions of section 1 of this act.

________

 

CHAPTER 65, SB 217

Senate Bill No. 217–Committee on Government Affairs

 

CHAPTER 65

 

AN ACT relating to counties; authorizing each board of county commissioners by ordinance to establish, use and operate a wetlands mitigation bank; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The board of county commissioners of a county may by ordinance establish, use and operate a wetlands mitigation bank in accordance with the guidelines set forth in Federal Guidance for the Establishment, Use and Operation of Mitigation Banks, as issued by the United States Army Corps of Engineers, Environmental Protection Agency, National Resources Conservation Service, Fish and Wildlife Service and National Marine Fisheries Service in 60 Federal Register 58,605 on November 28, 1995.

    2.  A board of county commissioners that establishes a mitigation bank pursuant to subsection 1 may enter into a cooperative agreement with a public agency or nonprofit organization for the operation of the mitigation bank.

    3.  As used in this section:


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

ê1999 Statutes of Nevada, Page 160 (Chapter 65, SB 217)ê

 

    (a) “Hydric soil” means soil that, in its undrained condition, is saturated, flooded or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation.

    (b) “Hydrophytic vegetation” means a plant growing in:

         (1) Water; or

         (2) A substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content.

    (c) “Mitigation bank” means a system in which the creation, enhancement, restoration or preservation of wetlands is recognized by a regulatory agency as generating compensatory credits allowing the future development of other wetland sites.

    (d) “Public agency” has the meaning ascribed to it in NRS 277.100.

    (e) “Wetland” means land that:

         (1) Has a predominance of hydric soil;

         (2) Is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

         (3) Under normal circumstances does support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.

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

________

 

CHAPTER 66, SB 268

Senate Bill No. 268–Committee on Transportation

 

CHAPTER 66

 

AN ACT relating to abandoned vehicles; making changes concerning the appraisal of an abandoned vehicle; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 487.240 is hereby amended to read as follows:

    487.240  Upon receipt of a written request, the state agency shall have the vehicle appraised within 10 business days after receipt of the request.

________

 


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ê1999 Statutes of Nevada, Page 161ê

 

CHAPTER 67, SB 367

Senate Bill No. 367–Committee on Government Affairs

 

CHAPTER 67

 

AN ACT relating to deferred compensation; providing, in compliance with federal law, that all amounts of compensation deferred pursuant to the deferred compensation program for employees of political subdivisions and all property, rights and income relating thereto must be held in trust for the exclusive benefit of the participants in the program and their beneficiaries; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 287.430 is hereby amended to read as follows:

    287.430  1.  The governing body of a political subdivision may create an appropriate fund for administration of money and other assets resulting from compensation deferred under the program.

    2.  All amounts of compensation deferred pursuant to the program, all property and rights purchased with those amounts, and all income attributable to those amounts, property or rights [remain solely the property and rights of the political subdivision, subject only to the claims of its general creditors, until made available to the participants or] must, in accordance with 26 U.S.C. § 457(g), be held in trust for the exclusive benefit of the participants in the program and their beneficiaries.

    Sec. 2.  This act becomes effective upon passage and approval and applies retroactively to January 1, 1999.

________

 

CHAPTER 68, SB 456

Senate Bill No. 456–Committee on Government Affairs

 

CHAPTER 68

 

AN ACT relating to public defenders; requiring the deputies of the public defender to be governed by the merit personnel system of the county in certain counties; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 260.040 is hereby amended to read as follows:

    260.040  1.  The compensation of the public defender must be fixed by the board of county commissioners. The public defender of any two or more counties must be compensated and be permitted private civil practice of the law as determined by the boards of county commissioners of those counties, subject to the provisions of subsection 4 of this section and NRS 7.065.

    2.  The public defender may appoint as many deputies or assistant attorneys, clerks, investigators, stenographers and other employees as he considers necessary to enable him to carry out his responsibilities, with the approval of the board of county commissioners. An assistant attorney must be a qualified attorney licensed to practice in this state and may be placed on a part-time or full-time basis.


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ê1999 Statutes of Nevada, Page 162 (Chapter 68, SB 456)ê

 

a qualified attorney licensed to practice in this state and may be placed on a part-time or full-time basis.

    3.  The compensation of persons appointed under subsection 2 must be fixed by the board of county commissioners of the county or counties so served.

    4.  The public defender and his deputies and assistant attorneys in a county whose population is less than 100,000 may engage in the private practice of law. Except as otherwise provided in this subsection, in any other county, the public defender and his deputies and assistant attorneys shall not engage in the private practice of law except as otherwise provided in NRS 7.065. An attorney appointed to defend a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his appointment.

    5.  The board of county commissioners shall provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of the business of his office. However, the board of county commissioners may provide for an allowance in place of facilities. Each of those items is a charge against the county in which public defender services are rendered. If the public defender serves more than one county, expenses that are properly allocable to the business of more than one of those counties must be prorated among the counties concerned.

    6.  In a county whose population is 400,000 or more, deputies are governed by the merit personnel system of the county.

________

 

CHAPTER 69, SB 480

Senate Bill No. 480–Committee on Judiciary

 

CHAPTER 69

 

AN ACT relating to juries; exempting a victim of domestic violence who has a fictitious address from service as a grand or trial juror; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 6.020 is hereby amended to read as follows:

    6.020  1.  Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others except as otherwise provided in subsections 2 and 3, are exempt from service as grand or trial jurors:

    (a) Any federal or state officer.

    (b) Any judge, justice of the peace or attorney at law.

    (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable or police officer.

    (d) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.

    (e) Any officer or correctional officer employed by the department of prisons.


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ê1999 Statutes of Nevada, Page 163 (Chapter 69, SB 480)ê

 

    (f) Any employee of the legislature or the legislative counsel bureau while the legislature is in session.

    (g) Any physician, optometrist or dentist who is licensed to practice in this state.

    (h) Any person who has a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.

    2.  All persons of the age of 70 years or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 70 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

    3.  A person who is the age of 65 years or over who lives 65 miles or more from the court is exempt from serving as a grand or trial juror. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is the age of 65 years or over and lives 65 miles or more from the court, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

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

________

 

CHAPTER 70, SB 483

Senate Bill No. 483–Committee on Judiciary

 

CHAPTER 70

 

AN ACT relating to criminal procedure; allowing the use of certain affidavits at a preliminary examination or grand jury proceeding under certain circumstances; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 171.197 is hereby amended to read as follows:

    171.197  1.  If a witness resides outside this state or more than 100 miles from the place of a preliminary examination, his affidavit may be used at the preliminary examination [when] if it is necessary for the district attorney to establish as an element of any offense that:

    (a) The witness was the owner, possessor or occupant of real or personal property; and

    (b) The defendant did not have the permission of the witness to enter, occupy, possess or control the real or personal property of the witness.

    2.  If a financial institution does not maintain any principal or branch office within this state or if a financial institution that maintains a principal or branch office within this state does not maintain any such office within 100 miles of the place of a preliminary examination, the affidavit of a custodian of the records of the financial institution or the affidavit of any other qualified person of the financial institution may be used at the preliminary examination if it is necessary for the district attorney to establish as an element of any offense that:


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

ê1999 Statutes of Nevada, Page 164 (Chapter 70, SB 483)ê

 

    (a) When a check or draft naming the financial institution as drawee was drawn or passed, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full upon its presentation; or

    (b) When a check or draft naming the financial institution as drawee was presented for payment to the financial institution, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full.

    3.  The district attorney shall provide either written or oral notice to the defendant, not less than 10 days before the scheduled preliminary examination, that he intends to use [the] an affidavit described in this section at the preliminary examination.

    [3.] 4.  If , at or before the time of the preliminary examination , the defendant establishes that:

    (a) There is a substantial and bona fide dispute as to the facts in [the affidavit;] an affidavit described in this section; and

    (b) It is in the best interests of justice that the [witness] person who signed the affidavit be cross-examined,

the magistrate may order the district attorney to produce the [witness] person who signed the affidavit and may continue the examination for any time it deems reasonably necessary in order to receive such testimony.

    Sec. 2.  NRS 172.135 is hereby amended to read as follows:

    172.135  1.  In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them or furnished by legal documentary evidence or by the deposition of witnesses taken as provided in this Title, except that the grand jury may receive [an] any of the following:

    (a) An affidavit or declaration from an expert witness or other person described in NRS 50.315 in lieu of his personal testimony or deposition . [and may receive an]

    (b) An affidavit of an owner, possessor or occupant of real or personal property [pursuant to] or other person described in NRS 172.137 in lieu of his personal testimony or deposition.

    2.  The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.

    Sec. 3.  NRS 172.137 is hereby amended to read as follows:

    172.137  1.  If a witness resides outside this state or more than 100 miles from the place of a grand jury proceeding, his affidavit may be used at the proceeding [when] if it is necessary for the district attorney to establish as an element of any offense that:

    (a) The witness was the owner, possessor or occupant of real or personal property; and

    (b) The defendant did not have the permission of the witness to enter, occupy, possess or control the real or personal property of the witness.


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

ê1999 Statutes of Nevada, Page 165 (Chapter 70, SB 483)ê

 

    2.  If a financial institution does not maintain any principal or branch office within this state or if a financial institution that maintains a principal or branch office within this state does not maintain any such office within 100 miles of the place of a grand jury proceeding, the affidavit of a custodian of the records of the financial institution or the affidavit of any other qualified person of the financial institution may be used at the proceeding if it is necessary for the district attorney to establish as an element of any offense that:

    (a) When a check or draft naming the financial institution as drawee was drawn or passed, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full upon its presentation; or

    (b) When a check or draft naming the financial institution as drawee was presented for payment to the financial institution, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full.

    3.  If the defendant has been subpoenaed to appear before the grand jury or if the defendant has requested to testify pursuant to NRS 172.241, the district attorney shall provide either written or oral notice to the defendant, within a reasonable time before the scheduled proceeding of the grand jury, that [the] an affidavit described in this section will be used at the proceeding.

    [3.] 4.  If , at or before the time of the proceeding , the defendant establishes that:

    (a) There is a substantial and bona fide dispute as to the facts in [the affidavit;] an affidavit described in this section; and

    (b) It is in the best interests of justice that the [witness] person who signed the affidavit be examined or cross-examined,

the grand jury may request that the district attorney produce the [witness] person who signed the affidavit and may continue the proceeding for any time it deems reasonably necessary in order to receive such testimony.

    Sec. 4.  The amendatory provisions of this act apply to any criminal offense that is the subject of a preliminary examination or grand jury proceeding commenced on or after the effective date of this act, regardless of when the offense was committed.

    Sec. 5.  This act becomes effective upon passage and approval.

________

 


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

ê1999 Statutes of Nevada, Page 166ê

 

CHAPTER 71, SB 498

Senate Bill No. 498–Committee on Government Affairs

 

CHAPTER 71

 

AN ACT relating to state financial administration; increasing the maximum amount of money from the reserve for statutory contingency account that the state board of examiners may authorize for payment of the salary of a replacement officer or employee following the purchase of the unused leave of a former officer or employee; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 353.262 is hereby amended to read as follows:

    353.262  When the state board of examiners finds, after diligent inquiry and examination, that:

    1.  As a result of payment for terminal leave, sick leave or unused sick leave to any state officer or employee or his beneficiary, sufficient appropriated money does not remain available to permit the payment of a salary when due to a person to be appointed or employed to replace the officer or employee; and

    2.  The appointment or employment of the replacement is necessary in the best interests of the state,

the state board of examiners may authorize the expenditure of sums not exceeding [$3,500] $8,000 from the reserve for statutory contingency account for payment of a salary when due to each person so appointed or employed as a replacement for the person to whom the terminal leave pay or sick leave pay was paid or is payable.

    Sec. 2.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 72, SB 533

Senate Bill No. 533–Committee on Government Affairs

 

CHAPTER 72

 

AN ACT relating to governmental administration; authorizing a designee of the clerk of the state board of examiners to approve certain contracts on behalf of the board; and providing other matters properly relating thereto.

 

[Approved April 29, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 284.173 is hereby amended to read as follows:

    284.173  1.  Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.

    2.  An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.


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

ê1999 Statutes of Nevada, Page 167 (Chapter 72, SB 533)ê

 

contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

    3.  For the purposes of this section:

    (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid pursuant to the provisions of NRS 281.160.

    (b) There must be no:

         (1) Withholding of income taxes by the state;

         (2) Coverage for industrial insurance provided by the state;

         (3) Participation in group insurance plans which may be available to employees of the state;

         (4) Participation or contributions by either the independent contractor or the state to the public employees’ retirement system;

         (5) Accumulation of vacation leave or sick leave; or

         (6) Coverage for unemployment compensation provided by the state if the requirements of NRS 612.085 for independent contractors are met.

    4.  An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.

    5.  Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as otherwise provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $750.

    6.  Except as otherwise provided in subsection 7, and except contracts entered into by the University and Community College System of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners, but the state board of examiners may authorize its clerk or his designee to approve contracts which are:

    (a) For amounts less than $5,000 or, in contracts necessary to preserve life and property, for amounts less than $25,000.

    (b) Entered into by the state gaming control board for the purposes of investigating an applicant for or holder of a gaming license.

The state board of examiners shall adopt regulations to carry out the provisions of this section.

    7.  Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:

    (a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.

    (b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings if the contracting process was controlled by the rules of open competitive bidding.


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

ê1999 Statutes of Nevada, Page 168 (Chapter 72, SB 533)ê

 

    (c) Contracts executed by the housing division of the department of business and industry.

    (d) Contracts executed by the state industrial insurance system.

    (e) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

    8.  The state board of examiners shall review each contract submitted for approval pursuant to subsection 6 to consider:

    (a) Whether sufficient authority exists to expend the money required by the contract; and

    (b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.

If the contract submitted for approval continues an existing contractual relationship, the board shall ask each agency to ensure that the state is receiving the services that the contract purports to provide.

    9.  If the services of an independent contractor are contracted for to represent an agency of the state in any proceeding in any court, the contract must require the independent contractor to identify in all pleadings the specific state agency which he is representing.

    Sec. 2.  This act becomes effective at 12:01 a.m. on July 1, 1999.

________

 

CHAPTER 73, SB 344

Senate Bill No. 344–Committee on Natural Resources

 

CHAPTER 73

 

AN ACT relating to state lands; revising the provisions governing the option of certain persons to purchase the mineral interests owned by the State of Nevada in certain trust lands; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 321.333 is hereby amended to read as follows:

    321.333  1.  If in [any such] an action authorized by NRS 321.332 [,] it is determined that the State of Nevada has any interest in any minerals in [any such lands,] the lands which are the subject of the action, except the royalty provided for in NRS 321.300, any [such] person or his heirs, assigns or lawful successors [, bringing any such] bringing the action as plaintiff has the option for 1 year after the entry of final judgment in that action to purchase from the State of Nevada all of the interest of the State of Nevada in the minerals in those lands, except the royalty authorized by NRS 321.300, at the fair market value of the [royalty] mineral interest as determined by the division.

    2.  If the option is exercised, payment for that mineral interest must be made to the state land registrar in cash within the period of the option and deposited in the fund which was the original beneficiary of those lands, and the state land registrar shall, upon the payment of the option price, deliver to the purchaser a deed from the State of Nevada conveying all of the state’s interest in the minerals in the lands involved in that action, except the royalty provided for in NRS 321.300.


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ê1999 Statutes of Nevada, Page 169 (Chapter 73, SB 344)ê

 

interest in the minerals in the lands involved in that action, except the royalty provided for in NRS 321.300.

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

________

 

CHAPTER 74, SB 352

Senate Bill No. 352–Committee on Human Resources and Facilities

 

CHAPTER 74

 

AN ACT relating to the support of children; prohibiting a stay of certain proceedings for the enforcement of child support; authorizing the issuance of additional orders in certain proceedings for the enforcement of child support; exempting the division of wildlife of the state department of conservation and natural resources from certain regulations relating to the submission of a statement concerning compliance with a court order for child support as a condition to the issuance or renewal of a license; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 425 of NRS is hereby amended by adding thereto a new section to read as follows:

    Except as otherwise required by the provisions of this chapter, a court of this state:

    1.  Shall not stay a proceeding or refuse a hearing pursuant to NRS 425.382 to 425.3852, inclusive, because of any pending or prior action or proceeding for divorce, separation, annulment, dissolution, habeas corpus, adoption or custody in this or any other state.

    2.  Shall hold a hearing pursuant to NRS 425.382 to 425.3852, inclusive, and may issue a support order pendente lite and, in aide thereof, require the obligor to give a bond for the prompt prosecution of the pending proceeding.

    Sec. 2.  NRS 425.3855 is hereby amended to read as follows:

    425.3855  An order entered by a district court approving a recommendation for the support of a dependent child made by a master or an order entered by a district court pursuant to NRS 425.382 to 425.3852, inclusive, and section 1 of this act must contain the social security numbers of the parents or legal guardians of the child.

    Sec. 3.  NRS 425.520 is hereby amended to read as follows:

    425.520  1.  The welfare division shall prescribe, by regulation, a statement which must be submitted to an agency that issues a professional, occupational or recreational license, certificate or permit , other than the division of wildlife of the state department of conservation and natural resources, by an applicant for the issuance or renewal of such a license, certificate or permit.

    2.  The statement prescribed pursuant to subsection 1 must:

    (a) Provide the applicant with an opportunity to indicate that:

         (1) He is not subject to a court order for the support of a child;

         (2) He is subject to a court order for the support of one or more children and is in compliance with the order or is in compliance with a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order; or


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

ê1999 Statutes of Nevada, Page 170 (Chapter 74, SB 352)ê

 

approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order; or

         (3) He is subject to a court order for the support of one or more children and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order;

    (b) Include a statement that the application for the issuance or renewal of the license, certificate or permit will be denied if the applicant does not indicate on the statement which of the provisions of paragraph (a) applies to the applicant; and

    (c) Include a space for the signature of the applicant.

    Sec. 4.  Chapter 130 of NRS is hereby amended by adding thereto a new section to read as follows:

    Except as otherwise required by the provisions of this chapter, a responding tribunal of this state:

    1.  Shall not stay a proceeding or refuse a hearing pursuant to this chapter because of any pending or prior action or proceeding for divorce, separation, annulment, dissolution, habeas corpus, adoption or custody in this or any other state.

    2.  Shall hold a hearing pursuant to this chapter and may issue a support order pendente lite and, in aide thereof, require the obligor to give a bond for the prompt prosecution of the pending proceeding.

    Sec. 5.  1.  This act becomes effective on July 1, 1999.

    2.  Section 3 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

    (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

    (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

________

 


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ê1999 Statutes of Nevada, Page 171ê

 

CHAPTER 75, AB 374

Assembly Bill No. 374–Committee on Government Affairs

 

CHAPTER 75

 

AN ACT relating to the commission for cultural affairs; authorizing the commission to grant as financial assistance for certain projects a certain amount of the interest earned on the fund for the preservation and promotion of cultural resources; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 233C.225 is hereby amended to read as follows:

    233C.225  1.  The commission for cultural affairs shall determine annually the total amount of financial assistance it will grant from the proceeds of bonds issued pursuant to this section in that calendar year pursuant to NRS 233C.200 to 233C.230, inclusive. The commission shall notify the state board of examiners and the state board of finance of [the total amount to be granted.] that amount. In no case may the amount to be granted from the proceeds of such bonds exceed $2,000,000 per year.

    2.  After receiving the notice given pursuant to subsection 1, the state board of finance shall issue general obligation bonds of the State of Nevada in the amount necessary to generate the amount to be granted by the commission from the proceeds of bonds issued pursuant to this section and to pay the expenses related to the issuance of the bonds. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold. No public debt is created, within the meaning of section 3 of article 9 of the constitution of the State of Nevada, until the issuance of the bonds.

    3.  The proceeds from the sale of the bonds authorized by this section, after deducting the expenses relating to the issuance of the bonds, must be deposited with the state treasurer and credited to the fund for the preservation and promotion of cultural resources.

    4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

    5.  The amount of financial assistance granted from the proceeds of bonds issued pursuant to this section must not exceed $20,000,000 in any 10-year period. The total face amount of the bonds issued pursuant to this section must not exceed the sum of:

    (a) The amount of financial assistance granted pursuant to this section; and

    (b) The amount necessary to pay the expenses related to the issuance of the bonds, which must not exceed 2 percent of the face amount of the bonds sold.

    Sec. 2.  NRS 233C.230 is hereby amended to read as follows:

    233C.230  1.  There is hereby created in the state treasury the fund for the preservation and promotion of cultural resources. The commission for cultural affairs is responsible for the administration of the fund. All money received and held by the state treasurer for that purpose must be deposited in the fund.


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

ê1999 Statutes of Nevada, Page 172 (Chapter 75, AB 374)ê

 

received and held by the state treasurer for that purpose must be deposited in the fund. The commission shall account separately for money received from the proceeds of bonds issued pursuant to NRS 233C.225.

    2.  Except as otherwise provided in subsection 5 of NRS 233C.200, the commission may expend money in the fund only for projects identified in the commission’s plan to promote and preserve the state’s cultural resources pursuant to NRS 233C.200 to 233C.230, inclusive. In addition to the amount of financial assistance granted from the proceeds of bonds issued pursuant to NRS 233C.225, the commission may grant as financial assistance not more than $750,000 each calendar year of the interest earned on the deposit or investment of the money in the fund.

    3.  The money in the fund must be invested as the money in other state funds is invested. All interest on the deposit or investment of the money in the fund must be credited to the fund.

    4.  Claims against the fund must be paid as other claims against the state are paid.

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

________

 

CHAPTER 76, SB 7

Senate Bill No. 7–Senator Rawson

 

CHAPTER 76

 

AN ACT relating to medical laboratories; revising the provisions governing the requirements to qualify for certification as an assistant in a medical laboratory; authorizing licensed or certified personnel of a medical laboratory to perform certain tests without obtaining a license for that purpose; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:

    To qualify for certification as an assistant in a medical laboratory, a person must be a high school graduate or have a general equivalency diploma and:

    1.  Must complete at least 6 months of training approved by the board and demonstrate an ability to perform laboratory procedures in the medical laboratory where he receives the training; or

    2.  Must:

    (a) Complete a course of instruction that qualifies him to take an examination for certification in phlebotomy that is administered by:

         (1) The American Medical Technologists;

         (2) The American Society of Clinical Pathologists; or

         (3) The National Certification Agency; and

    (b) Pass an examination specified in paragraph (a).


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

ê1999 Statutes of Nevada, Page 173 (Chapter 76, SB 7)ê

 

    Sec. 2.  NRS 652.130 is hereby amended to read as follows:

    652.130  [The] Except as otherwise provided in section 1 of this act, the board, with the advice of the medical laboratory advisory committee, may prescribe and publish rules and regulations relating to:

    1.  The education, training and experience qualifications of laboratory directors and technical personnel.

    2.  The location and construction of laboratories , including plumbing, heating, lighting, ventilation, electrical services and similar conditions , [all] to ensure the conduct and operation of the laboratory in a manner which will protect the public health.

    3.  Sanitary conditions within the laboratory and its surroundings, including the water supply, sewage, the handling of specimens and matters of general hygiene, to [insure] ensure the protection of the public health.

    4.  The equipment essential to the proper conduct and operation of a laboratory.

    5.  The determination of the accuracy of test results produced by a laboratory and the establishment of minimum qualifications therefor.

    Sec. 3.  NRS 652.217 is hereby amended to read as follows:

    652.217  1.  A licensed nurse who is employed by a medical facility which is licensed pursuant to chapter 449 of NRS may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations if the laboratory director or a person he has designated:

    [1.] (a) Verifies that the nurse is competent to perform the test;

    [2.] (b) Ensures that the test is performed in accordance with any manufacturer’s instructions; and

    [3.] (c) Validates and verifies the manner in which the test is performed through the use of controls which [assure] ensure accurate and reliable results of the test.

    2.  Licensed or certified personnel of a laboratory licensed pursuant to this chapter may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations on the premises of an outpatient center of the laboratory or at a patient’s residence if the laboratory director or a person he has designated:

    (a) Verifies that the person is competent to perform the test;

    (b) Ensures that the test is performed in accordance with any manufacturer’s instructions;

    (c) Validates and verifies the manner in which the test is performed through the use of controls which ensure accurate and reliable results of the test; and

    (d) Ensures compliance with any requirements for safety adopted by the board.

________

 


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ê1999 Statutes of Nevada, Page 174ê

 

CHAPTER 77, AB 226

Assembly Bill No. 226–Committee on Government Affairs

 

CHAPTER 77

 

AN ACT relating to public employment; exempting temporarily relatives of members of certain town boards from prohibition against certain public employment; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 281.210 is hereby amended to read as follows:

    281.210  1.  Except as otherwise provided in this section, it is unlawful for any person acting as a school trustee, state, township, municipal or county officer, or as an employing authority of the University and Community College System of Nevada, any school district or of the state, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University and Community College System of Nevada, any relative of such a person or of any member of such a board, agency or commission who is within the third degree of consanguinity or affinity.

    2.  This section does not apply:

    (a) To school districts, when the teacher or other school employee is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and receives a unanimous vote of all members of the board of trustees and approval by the state department of education.

    (b) To school districts, when the teacher or other school employee has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more before April 1, 1957.

    (c) To the spouse of the warden of an institution or manager of a facility of the department of prisons.

    (d) To the spouse of the superintendent of the Caliente youth center.

    (e) To relatives of blind officers and employees of the bureau of services to the blind and visually impaired of the rehabilitation division of the department of employment, training and rehabilitation when those relatives are employed as automobile drivers for those officers and employees.

    (f) To relatives of a member of a town board of a town whose population is less than 300.

    3.  Nothing in this section:

    (a) Prevents any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for the service is met out of the personal money of the officer.

    (b) Disqualifies any widow with a dependent as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.


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ê1999 Statutes of Nevada, Page 175 (Chapter 77, AB 226)ê

 

    4.  A person employed contrary to the provisions of this section must not be compensated for the employment.

    5.  Any person violating any provisions of this section is guilty of a gross misdemeanor.

    Sec. 2.  This act becomes effective upon passage and approval and expires by limitation on July 1, 2009.

________

 

CHAPTER 78, AB 261

Assembly Bill No. 261–Committee on Government Affairs

 

CHAPTER 78

 

AN ACT relating to counties; clarifying the authority of a board of county commissioners to take final action at a meeting held outside the county seat; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 244.085 is hereby amended to read as follows:

    244.085  1.  Except as otherwise provided in this section, the meetings of the boards of county commissioners must be held at the county seats of their respective counties, or at a place not more than 10 miles from the county seat within the boundaries of the county, at least once in each calendar month, on a day or days to be fixed by ordinance.

    2.  If the day fixed by ordinance falls on a Saturday or on a nonjudicial day, the meeting must be held on the next judicial day.

    3.  The first meeting of the board in odd-numbered years must be held on the first Monday in January, but if the first Monday in January is a nonjudicial day, the meeting must be held on the next judicial day.

    4.  The meeting day and place as fixed by ordinance must remain unchanged, unless notice of a proposed change is published once a week for 3 consecutive weeks in a newspaper of general circulation in the county.

    5.  Additional meetings of the board of county commissioners may be held at any place within the boundaries of the county. If the board meets outside the county seat, notice of the meeting must be given by publication once a week for 3 consecutive weeks in a newspaper of general circulation published in the county or by publication for 1 week in two or more newspapers of general circulation published in the county.

    6.  At a meeting held outside the county seat, the board of county commissioners [shall not take any] may, in accordance with NRS 241.020, take final action on any matter except zoning or planning matters which relate to a different geographical area than the geographical area in which the meeting is held.

    7.  The board may meet with the governing body of another governmental unit at any location, including , without limitation, a location outside the county, but the meeting may not be held at a place which is more than 10 miles from the county seat unless the board, in addition to complying with all other requirements for notice of a meeting of the board, provides notice by publication in a newspaper of general circulation within the county, for at least 3 working days before the meeting, of the date, time and place of the meeting.


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ê1999 Statutes of Nevada, Page 176 (Chapter 78, AB 261)ê

 

publication in a newspaper of general circulation within the county, for at least 3 working days before the meeting, of the date, time and place of the meeting. In no case may the board take any official action at such a meeting.

    8.  Members of the board may attend conventions, conferences, seminars, congressional hearings or other federal hearings to gather specific information or conduct the official business of the association or sponsoring organization at any location if no action is taken by the board in the course of such activity.

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

________

 

CHAPTER 79, SB 326

Senate Bill No. 326–Committee on Judiciary

 

CHAPTER 79

 

AN ACT relating to writs; providing that an application for a writ of mandamus that alleges an unconstitutional prior restraint must be labeled in a certain manner; requiring the court in which such an application for a writ is filed to render judgment on the application within 30 days; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 34 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the applicant is alleging an unconstitutional prior restraint of his rights pursuant to the First Amendment to the Constitution of the United States or section 9 of article 1 of the constitution of the State of Nevada, the applicant shall insert the words “First Amendment Petition” in the caption of the application for the writ in at least 10-point type.

    2.  The court shall render judgment on an application for a writ described in subsection 1 not later than 30 days after the date on which the application for the writ is filed.

    Sec. 2.  NRS 34.180 is hereby amended to read as follows:

    34.180  [The] Except as otherwise provided in section 1 of this act, the writ of mandamus may, in the discretion of the court or judge issuing the writ, be made returnable and a hearing thereon be had at any time.

    Sec. 3.  NRS 34.300 is hereby amended to read as follows:

    34.300  Except as otherwise provided in NRS 34.150 to 34.290, inclusive, and section 1 of this act, the provisions of NRS and Nevada Rules of Civil Procedure relative to civil actions in the district court are applicable to and constitute the rules of practice in the proceedings mentioned in NRS 34.150 to 34.290, inclusive [.] , and section 1 of this act.

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

________

 


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ê1999 Statutes of Nevada, Page 177ê

 

CHAPTER 80, SB 238

Senate Bill No. 238–Committee on Taxation

 

CHAPTER 80

 

AN ACT relating to taxation; clarifying the provisions governing the administration of the exemption from the sales and use tax on food for human consumption; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

    In administering the provisions of NRS 372.284, the department shall determine the exemption from the gross receipts from the sale and storage, use or other consumption of food for human consumption on the basis of whether the food is intended for immediate consumption and not on the type of establishment where the food is sold.

    Sec. 2.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

    In administering the provisions of NRS 374.289, the department shall determine the exemption from the gross receipts from the sale and storage, use or other consumption of food for human consumption on the basis of whether the food is intended for immediate consumption and not on the type of establishment where the food is sold.

    Sec. 3.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 81, SB 494

Senate Bill No. 494–Committee on Taxation

 

CHAPTER 81

 

AN ACT relating to taxation; extending from 2 years to 3 years the interval between studies of the ratio of assessed to taxable value of property in each county; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 361.333 is hereby amended to read as follows:

    361.333  1.  Not later than May 1 of each year, the department shall:

    (a) Determine the ratio of the assessed value of each type or class of property for which the county assessor has the responsibility of assessing in each county to:

         (1) The assessed value of comparable property in the remaining counties.

         (2) The taxable value of that type or class of property within that county.


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ê1999 Statutes of Nevada, Page 178 (Chapter 81, SB 494)ê

 

    (b) Publish and deliver to the county assessors and the boards of county commissioners of the counties of this state:

         (1) A comparison of the latest median ratio, overall ratio and coefficient of dispersion of the median for:

             (I) The total property for each of the 17 counties; and

             (II) Each major [property] class of property within each county.

         (2) A determination [of] whether each county has adequate procedures to ensure that all property subject to taxation is being assessed in a correct and timely manner.

         (3) A summary for each county of any deficiencies that were discovered in carrying out the [ratio study.

    2.  The ratio study must be conducted on nine counties in one year and eight counties in the next year with the same combination of counties being tested in alternate years.] study of those ratios.

    2.  The Nevada tax commission shall allocate the counties into three groups such that the work of conducting the study is approximately the same for each group. The department shall conduct the study in one group each year. The commission may from time to time reallocate counties among the groups, but each county must be studied at least once in every 3 years.

    3.  In conducting the [ratio] study the department shall include an adequate sample of each major [property] class of property and may use any statistical criteria that will indicate an accurate ratio of taxable value to assessed value and an accurate measure of [assessment equality.] equality in assessment.

    4.  During the month of May of each year, the board of county commissioners, or a representative designated by the board’s chairman, and the county assessor, or a representative designated by the assessor, of each county in which the [ratio] study was conducted shall meet with the Nevada tax commission. The board of county commissioners and the county assessor, or their representatives, shall:

    (a) Present evidence to the Nevada tax commission of the steps taken to ensure that all property subject to taxation within the county has been assessed as required by law.

    (b) Demonstrate to the Nevada tax commission that any adjustments in assessments ordered in the preceding year as a result of the [appraisal] procedure provided in paragraph (c) of subsection 5 have been complied with.

    5.  At the conclusion of each meeting with the board of county commissioners and the county assessor, or their representatives, the Nevada tax commission may:

    (a) If it finds that all property subject to taxation within the county has been assessed at the proper percentage, take no further action.

    (b) If it finds that any class of property is assessed at less or more than the proper percentage, and if the board of county commissioners approves, order a specified percentage increase or decrease in the assessed valuation of that class on the succeeding tax list and assessment roll.


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

ê1999 Statutes of Nevada, Page 179 (Chapter 81, SB 494)ê

 

    (c) If it finds the existence of underassessment or overassessment wherein the ratio of assessed value to taxable value is less than 32 percent or more than 36 percent in any of the following classes:

         (1) Improvement values for the reappraisal area;

         (2) Land values for the reappraisal area; and

         (3) Total property values for each of the following use categories in the reappraisal area:

             (I) Vacant;

             (II) Single-family residential;

             (III) Multi-residential;

             (IV) Commercial and industrial; and

             (V) Rural,

of the county which are required by law to be assessed at 35 percent of their taxable value, if in the nonreappraisal area the approved land and improvement factors are not being correctly applied or new construction is not being added to the assessment roll in a timely manner, or if the board of county commissioners does not agree to an increase or decrease in assessed value as provided in paragraph (b), order the board of county commissioners to employ forthwith one or more qualified appraisers approved by the department. The payment of [such] those appraisers’ fees is a proper charge against the county notwithstanding that the amount of such fees has not been budgeted in accordance with law. The appraisers shall determine whether or not the county assessor has assessed all real and personal property in the county subject to taxation at the rate of assessment required by law. The appraisers may cooperate with the department in making their determination if so agreed by the appraisers and the department, and shall cooperate with the department in preparing a report to the Nevada tax commission. The report to the Nevada tax commission must be made on or before October 1 following the date of the order. If the report indicates that any real or personal property in the county subject to taxation has not been assessed at the rate required by law, a copy of the report must be transmitted to the board of county commissioners by the department before November 1. The board of county commissioners shall then order the county assessor to raise or lower the assessment of such property to the rate required by law on the succeeding tax list and assessment roll.

    6.  The Nevada tax commission may adopt regulations reasonably necessary to carry out the provisions of this section.

    7.  Any county assessor who refuses to increase or decrease the assessment of any property pursuant to an order of the Nevada tax commission or the board of county commissioners as provided in this section is guilty of malfeasance in office.

________

 


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

ê1999 Statutes of Nevada, Page 180ê

 

CHAPTER 82, SB 99

Senate Bill No. 99–Committee on Commerce and Labor

 

CHAPTER 82

 

AN ACT relating to real estate; revising the educational requirements for obtaining an original real estate broker’s or broker-salesman’s license; abolishing the authority of the real estate commission to waive those requirements for applicants in rural areas; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 645.343 is hereby amended to read as follows:

    645.343  1.  In addition to the other requirements contained in this chapter, an applicant for an original real estate salesman’s license must furnish proof satisfactory to the real estate division that he has successfully completed a course of instruction in the principles, practices, procedures, law and ethics of real estate, which course may be an extension or correspondence course offered by the University and Community College System of Nevada, by any other accredited college or university or by any other college or school approved by the commission. The course of instruction must include the subject of disclosure of required information in real estate transactions, including instruction on methods a seller may use to obtain the required information.

    2.  An applicant for an original real estate broker’s or broker-salesman’s license must furnish proof satisfactory to the real estate division that he has successfully completed 45 semester units or the equivalent in quarter units of college level courses which include:

    (a) Three semester units or an equivalent number of quarter units in real estate law, including at least 18 classroom hours of the real estate law of Nevada and another course of equal length in the principles of real estate;

    (b) Nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics; [and]

    (c) Nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics [.] ; and

    (d) Three semester units or an equivalent number of quarter units in broker management.

    3.  On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate broker’s or broker-salesman’s license must furnish proof satisfactory to the real estate division that he has completed 64 semester units or the equivalent in quarter units of college level courses. This educational requirement includes and is not in addition to the requirements listed in subsection 2.

    4.  For the purposes of this section, each person holding a valid real estate salesman’s license under the provisions of this chapter is entitled to receive credit for the equivalent of 16 semester units of college level courses for each [two] 2 years of active experience he has as a licensed real estate salesman. This credit may not be applied against the requirement in subsection 2 for three semester units or an equivalent number of quarter units in broker management or 18 classroom hours of the real estate law of Nevada.


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ê1999 Statutes of Nevada, Page 181 (Chapter 82, SB 99)ê

 

three semester units or an equivalent number of quarter units in broker management or 18 classroom hours of the real estate law of Nevada.

    5.  [The educational requirements of this section may be waived partially or completely by the commission if the applicant for an original real estate broker’s or broker-salesman’s license furnishes proof satisfactory to the commission that he resides in a rural county where educational resources are not available and where excess travel would work a hardship on the applicant in meeting the requirements.

    6.]  An applicant for a broker’s license pursuant to NRS 645.350 must meet the educational prerequisites applicable on the date his application is received by the real estate division.

    [7.  For the purposes of]

    6.  As used in this section, “college level courses” are courses offered by any accredited college or university or by any other institution which meet the standards of education established by the commission. The commission may adopt regulations setting forth standards of education which are equivalent to the college level courses outlined in this subsection. The regulations may take into account the standard of instructors, the scope and content of the instruction, hours of instruction and such other criteria as the commission requires.

    Sec. 2.  NRS 645.440 is hereby amended to read as follows:

    645.440  1.  If the division, after an application for a license in proper form has been filed with it, accompanied by the proper fee, denies an application, the division shall give notice of the fact to the applicant within 15 days after its ruling, order or decision.

    2.  Upon written request from the applicant, filed within 30 days after receipt of that notice by the applicant, the president of the commission shall set the matter for a hearing to be conducted within 90 days after receipt of the applicant’s request if the request contains allegations which, if true [:

    (a) Qualify] , qualify the applicant for a license . [; or

    (b) Would entitle the applicant to a waiver of the education requirements of NRS 645.343.]

    3.  The hearing must be held at such time and place as the commission prescribes. At least 15 days before the date set for the hearing, the division shall notify the applicant and shall accompany the notification with an exact copy of any protest filed, together with copies of all communications, reports, affidavits or depositions in the possession of the division relevant to the matter in question. Written notice of the hearing may be served by delivery personally to the applicant, or by mailing it by certified mail to the last known address of the applicant.

    4.  The hearing may be held by the commission or by a majority [thereof,] of its members, and a hearing must be held, if the applicant so desires. A record of the proceedings, or any part thereof, must be made available to each party upon the payment to the division of the reasonable cost of transcription.

    5.  The commission shall render a written decision on any appeal within 60 days [from] after the final hearing and shall notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.


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ê1999 Statutes of Nevada, Page 182 (Chapter 82, SB 99)ê

 

    6.  [Where] If an applicant has made a false statement of material fact on his application, the false statement may in itself be sufficient ground for refusal of a license.

    Sec. 3.  This act becomes effective on January 1, 2001.

________

 

CHAPTER 83, SB 183

Senate Bill No. 183–Committee on Government Affairs

 

CHAPTER 83

 

AN ACT relating to peace officers; providing that criminal investigators employed by the secretary of state have the powers of a peace officer; requiring criminal investigators employed by the secretary of state to comply with the standards of the peace officers’ standards and training committee; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:

    Criminal investigators employed by the secretary of state have the powers of a peace officer.

    Sec. 2.  NRS 289.010 is hereby amended to read as follows:

    289.010  As used in this chapter, unless the context otherwise requires:

    1.  “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive [.] , and section 1 of this act.

    2.  “Punitive action” means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.

    Sec. 3.  NRS 481.053 is hereby amended to read as follows:

    481.053  1.  The governor shall appoint the peace officers’ standards and training committee.

    2.  The committee consists of seven members, one appointed from Clark County, one from Washoe County, three from any other counties, one from category II peace officers and one from category III peace officers. Members serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.

    3.  The governor shall make the appointments from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state, category II peace officers and category III peace officers.

    4.  The committee shall:

    (a) Meet at the call of the chairman, who must be elected by the members of the committee.

    (b) Provide for and encourage the training and education of peace officers in order to improve the system of criminal justice.


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

ê1999 Statutes of Nevada, Page 183 (Chapter 83, SB 183)ê

 

    (c) Adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers.

    (d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.

    (e) Carry out the duties required of the committee pursuant to NRS 432B.610 and 432B.620.

    5.  Regulations adopted by the committee:

    (a) Apply to all agencies of the state and of local governments which employ persons as peace officers;

    (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and

    (c) May require that training be carried on at institutions which it approves in those regulations.

    6.  The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.

    7.  As used in this section:

    (a) “Category II peace officer” means:

         (1) The bailiff of the supreme court;

         (2) The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

         (3) Constables and their deputies whose official duties require them to carry weapons and make arrests;

         (4) Inspectors employed by the transportation services authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

         (5) Parole and probation officers;

         (6) Special investigators who are employed full time by the office of any district attorney or the attorney general;

         (7) Investigators of arson for fire departments who are specially designated by the appointing authority;

         (8) The assistant and deputies of the state fire marshal;

         (9) The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred in chapter 565 of NRS;

         (10) Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;

         (11) School police officers employed by the board of trustees of any county school district;

         (12) Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

         (13) Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;

         (14) Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;


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

ê1999 Statutes of Nevada, Page 184 (Chapter 83, SB 183)ê

 

motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;

         (15) Legislative police officers of the State of Nevada;

         (16) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140;

         (17) Parole counselors of the division of child and family services of the department of human resources;

         (18) Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

         (19) Field investigators of the taxicab authority;

         (20) Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests; [and]

         (21) The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department [.] ; and

         (22) Criminal investigators who are employed by the secretary of state.

    (b) “Category III peace officer” means peace officers whose authority is limited to correctional services, and includes the superintendents and correctional officers of the department of prisons.

    Sec. 4.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 84, SB 100

Senate Bill No. 100–Committee on Commerce and Labor

 

CHAPTER 84

 

AN ACT relating to the care of animals; revising certain requirements concerning the licensing of veterinarians; revising the grounds for disciplinary action against veterinarians, euthanasia technicians and veterinary technicians; and providing other matters properly relating thereto.

 

[Approved May 3, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 638.105 is hereby amended to read as follows:

    638.105  1.  The board may in its discretion license an applicant solely on the basis of oral interviews and practical demonstrations upon sufficient proof that the applicant has, within the previous 5 years, successfully passed [the clinical competency examination and the national board examination.] any examination approved by:

    (a) The board; and

    (b) A national testing service for veterinary medicine that has been approved by the board.


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

ê1999 Statutes of Nevada, Page 185 (Chapter 84, SB 100)ê

 

    2.  The board may, upon payment of the fee prescribed under NRS 638.100, license without examination any person who is a diplomate from an approved specialty board of the American Veterinary Medical Association. The veterinary practice of any person who is licensed pursuant to this subsection is limited to the specialty in which the person is certified. If an applicant for a license under this section is denied a license, any fee [or fees] tendered by him may be returned to him at the discretion of the board.

    Sec. 2.  NRS 638.110 is hereby amended to read as follows:

    638.110  1.  Except as otherwise provided by NRS 638.105, each applicant for an initial license must pass [the] :

    (a) The state examination administered by the board [, the clinical competency examination and the national board examination. The board may require the applicant to complete any] ; and

    (b) Any other examination approved by the board [or the American Veterinary Medical Association.] and a national testing service for veterinary medicine that has been approved by the board.

    2.  The board shall adopt regulations prescribing the requirements for the examination of an applicant.

    3.  The written examination required of an applicant may be supplemented by such oral interviews and practical demonstrations as the board considers necessary.

    4.  If the board denies an applicant a license because the applicant did not comply with the requirements of this section, the board is not required to return the fee submitted with his application.

    Sec. 3.  NRS 638.140 is hereby amended to read as follows:

    638.140  The following acts, among others, are grounds for disciplinary action:

    1.  Violation of a regulation adopted by the state board of pharmacy or the Nevada state board of veterinary medical examiners;

    2.  Habitual drunkenness;

    3.  Addiction to the use of a controlled substance;

    4.  Conviction of or a plea of nolo contendere to a felony, or any offense involving moral turpitude;

    5.  Incompetence [, gross negligence or other malpractice] ;

    6.  Negligence;

    7.  Malpractice pertaining to veterinary medicine as evidenced by an action for malpractice in which the holder of a license is found liable for damages;

    [6.] 8.  Conviction of a violation of any law concerning the possession, distribution or use of a controlled substance or a dangerous drug as defined in chapter 454 of NRS;

    [7.] 9.  Willful failure to comply with any provision of this chapter, a regulation, subpoena or order of the board, the standard of care established by the American Veterinary Medical Association, or an order of a court;

    [8.] 10.  Prescribing, administering or dispensing a controlled substance to an animal to influence the outcome of a competitive event in which the animal is a competitor;

    [9.] 11.  Willful failure to comply with a request by the board for medical records within 14 days after receipt of a demand letter issued by the board;


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

ê1999 Statutes of Nevada, Page 186 (Chapter 84, SB 100)ê

 

    [10.] 12.  Willful failure to accept service by mail or in person from the board;

    [11.] 13.  Failure of a supervising veterinarian to provide immediate or direct supervision to licensed or unlicensed personnel if the failure results in malpractice or the death of an animal; and

    [12.] 14.  Failure of a supervising veterinarian to ensure that a licensed veterinarian is on the premises of a facility or agency when medical treatment is administered to an animal if the treatment requires direct or immediate supervision by a licensed veterinarian.

    Sec. 4.  1.  This section and section 3 of this act become effective on October 1, 1999.

    2.  Sections 1 and 2 of this act become effective on October 1, 2000.

________

 

CHAPTER 85, SB 166

Senate Bill No. 166–Senator Rhoads

 

CHAPTER 85

 

AN ACT relating to agricultural districts; revising the provisions governing the terms of the members of a district board of agriculture for certain agricultural districts; and providing other matters properly relating thereto.

 

[Approved May 5, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 547.040 is hereby amended to read as follows:

    547.040  1.  Not later than 10 days after an agricultural association is formed within an agricultural district listed in NRS 547.010 pursuant to the provisions of this chapter:

    (a) The governor, if the agricultural district is [comprised] composed of more than one county, shall appoint eight persons who are residents of the agricultural district and who are members of the agricultural association to be members of the district board of agriculture for the agricultural district; or

    (b) The board of county commissioners, if the agricultural district constitutes a single-county agricultural district, shall appoint eight persons who are residents of the agricultural district to be members of the district board of agriculture for the agricultural district.

    2.  Within 10 days after their appointment, the persons so appointed shall meet at a place within the agricultural district and organize by the election of:

    (a) One of their number as president of the district board of agriculture and the agricultural association, who shall hold the office of president for 1 year and until his successor is elected.

    (b) A secretary and a treasurer.

    3.  At the same meeting the members of the district board of agriculture shall, by lot or otherwise, classify themselves into four classes of two members each. The terms of office of [the] :

    (a) The first class expire [at] :

         (1) At the end of the first fiscal year [.The terms of office of the] if the member was appointed to a district board of agriculture for an agricultural district whose population is 100,000 or more as determined by the population of the county or counties that compose the district; or


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

ê1999 Statutes of Nevada, Page 187 (Chapter 85, SB 166)ê

 

district whose population is 100,000 or more as determined by the population of the county or counties that compose the district; or

         (2) On December 31 of the first fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of the county or counties that compose the district.

    (b) The second class expire [at] :

         (1) At the end of the second fiscal year [.The terms of office of the] if the member was appointed to a district board of agriculture for an agricultural district whose population is 100,000 or more as determined by the population of the county or counties that compose the district; or

         (2) On December 31 of the second fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of the county or counties that compose the district.

    (c) The third class expire [at] :

         (1) At the end of the third fiscal year [. The terms of office of the] if the member was appointed to a district board of agriculture for an agricultural district whose population is 100,000 or more as determined by the population of the county or counties that compose the district; or

         (2) On December 31 of the third fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of the county or counties that compose the district.

    (d) The fourth class expire [at] :

         (1) At the end of the fourth fiscal year [.] if the member was appointed to a district board of agriculture for an agricultural district whose population is 100,000 or more as determined by the population of the county or counties that compose the district; or

         (2) On December 31 of the fourth fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of the county or counties that compose the district.

    Sec. 2.  NRS 547.060 is hereby amended to read as follows:

    547.060  1.  Except as otherwise provided in subsection 3 of NRS 547.040, each [director] member of a district board of agriculture must be appointed for a term of 4 years. The term begins on:

    (a) July 1, if the member was appointed to a district board of agriculture for an agricultural district whose population is 100,000 or more as determined by the population of the county or counties that compose the district; or

    (b) January 1, if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of the county or counties that compose the district.

    2.  The secretary shall report any vacancy which may occur in the district board of agriculture to its appointing authority as specified in NRS 547.040, and the vacancy must be filled by appointment for the unexpired term.


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

ê1999 Statutes of Nevada, Page 188 (Chapter 85, SB 166)ê

 

    3.  The incumbent members of the district board of agriculture may submit to the appointing authority for consideration a list of nominees for appointment to fill any vacancy on the [district] board.

    Sec. 3.  Notwithstanding the provisions of NRS 547.040 and 547.060 to the contrary, the term of a member of a district board of agriculture for an agricultural district whose population is less than 100,000, as determined by the population of the county or counties that compose the district, that would otherwise expire on:

    1.  June 30, 2000, expires on December 31, 1999.

    2.  June 30, 2001, expires on December 31, 2000.

    3.  June 30, 2002, expires on December 31, 2001.

    4.  June 30, 2003, expires on December 31, 2002.

________

 

CHAPTER 86, AB 485

Assembly Bill No. 485–Assemblymen Koivisto, Anderson, Manendo, Mortenson, Parnell, Segerblom, McClain, Claborn, Freeman, Bache, de Braga, Parks, Chowning, Williams and Buckley

 

CHAPTER 86

 

AN ACT relating to bail; requiring a bail agent and bail enforcement agent to notify a local law enforcement agency after apprehending a defendant; requiring a bail agent and bail enforcement agent to notify a local law enforcement agency before forcibly entering an inhabited dwelling; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 5, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 697 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  After apprehending a defendant in this state, a bail agent or bail enforcement agent shall  immediately or without undue delay notify in person or by telephone the local law enforcement agency of the jurisdiction in which the defendant was apprehended of:

    (a) The identity of the defendant;

    (b) The identity of the bail agent or bail enforcement agent; and

    (c) Where the bail agent or bail enforcement agent is taking the defendant to surrender him into custody.

    2.  Before forcibly entering an inhabited dwelling in this state, a bail agent or bail enforcement agent shall notify the local law enforcement agency of the jurisdiction in which the dwelling is located.

    3.  A bail agent or bail enforcement agent who violates the provisions of this section is guilty of a misdemeanor.

    4.  As used in this section, “inhabited dwelling” means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car in which the owner or other lawful occupant resides.


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

ê1999 Statutes of Nevada, Page 189 (Chapter 86, AB 485)ê

 

    Sec. 2.  The amendatory provisions of this act do not apply to offenses that were committed before the effective date of this act.

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

________

 

CHAPTER 87, AB 227

Assembly Bill No. 227–Committee on Government Affairs

 

CHAPTER 87

 

AN ACT relating to programs for public employees; revising the provisions governing the securing of certain insurance and services for the officers and employees of a public agency through a nonprofit cooperative association or nonprofit corporation; and providing other matters properly relating thereto.

 

[Approved May 5, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 287.025 is hereby amended to read as follows:

    287.025  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may, in addition to the other powers granted in NRS 287.010 and 287.020:

    1.  Negotiate and contract with any other such agency or with the committee on benefits for the state’s group insurance plan to secure group insurance for its officers and employees and their dependents by participation in any group insurance plan established or to be established or in the state’s group insurance plan; and

    2.  To secure group health or life insurance [or related medical services] for its officers and employees and their dependents, [excluding industrial insurance,] participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this state [solely to purchase] to secure such insurance [or medical services] for its members from an insurer licensed pursuant to the provisions of Title 57 of NRS.

    3.  In addition to the provisions of subsection 2, participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this state to:

    (a) Facilitate contractual arrangements for the provision of medical services to its members’ officers and employees and their dependents and for related administrative services.

    (b) Procure health-related information and disseminate that information to its members’ officers and employees and their dependents.

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

________

 


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

ê1999 Statutes of Nevada, Page 190ê

 

CHAPTER 88, AB 251

Assembly Bill No. 251–Committee on Health and Human Services

 

CHAPTER 88

 

AN ACT relating to county hospitals; authorizing county hospitals to join purchasing groups for the purpose of purchasing supplies, materials and equipment used by the hospital; authorizing county hospitals under certain circumstances to purchase supplies, materials and equipment without complying with the Local Government Purchasing Act; and providing other matters properly relating thereto.

 

[Approved May 5, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 450 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  1.  A county hospital may, with the approval of the governing body of the hospital, become a member of a purchasing group for the purpose of purchasing supplies, materials and equipment used by the county hospital.

    2.  A county hospital that becomes a member of a purchasing group may, in accordance with the requirements of section 3 of this act, purchase supplies, materials and equipment through the purchasing group without complying with the requirements for competitive bidding set forth in chapter 332 of NRS.

    Sec. 3.  A county hospital that is authorized pursuant to NRS 450.191 or section 2 of this act to purchase supplies, materials and equipment in accordance with this section through the purchasing contracts of the company that manages the hospital or through a purchasing group may purchase the supplies, materials and equipment without complying with the requirements for competitive bidding set forth in chapter 332 of NRS if:

    1.  The documents pertaining to the proposed purchase, including, without limitation, the prices available to the company or purchasing group, are summarized in writing and, together with a sworn statement by an officer or agent of the company or purchasing group that the prices were obtained by the company or purchasing group through a process of competitive bidding, are presented to the governing body of the county hospital at its next regularly scheduled meeting; and

    2.  The governing body, after reviewing the summary and statement, finds that the proposed purchase will be made at a lower price than the lowest price reasonably obtainable by the hospital through competitive bidding pursuant to chapter 332 of NRS or available to the hospital pursuant to NRS 333.470 and approves the proposed purchase.

    Sec. 4.  “Allied health profession” means:

    1.  Psychology as defined in chapter 641 of NRS;

    2.  Podiatry as defined in chapter 635 of NRS; or

    3.  Oriental medicine or acupuncture as defined in chapter 634A of NRS.


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

ê1999 Statutes of Nevada, Page 191 (Chapter 88, AB 251)ê

 

    Sec. 5.  “Purchasing group” means a cooperative organization of hospitals and other health care organizations that affiliate for the purpose of combining their purchasing power to secure a lower cost for their purchases of supplies, materials and equipment than would be available to the members of the purchasing group individually.

    Sec. 6.  NRS 450.005 is hereby amended to read as follows:

    450.005  As used in this chapter, unless the context otherwise requires, [“allied health profession” means:

    1.  Psychology as defined in chapter 641 of NRS;

    2.  Podiatry as defined in chapter 635 of NRS; or

    3.  Oriental medicine or acupuncture as defined in chapter 634A of NRS.] the words and terms defined in sections 4 and 5 of this act have the meanings ascribed to them in those sections.

    Sec. 7.  NRS 450.191 is hereby amended to read as follows:

    450.191  1.  The governing body of a county hospital may contract with a company which manages hospitals for the rendering of management services in a county hospital under the ultimate authority of the governing body.

    2.  The agreement may provide [that] :

    (a) That the administrator of the hospital must be an employee of the company which manages the hospital [.

    3.  The agreement may also provide that] ; and

    (b) That the hospital may, [with the approval of the governing body of the hospital,] in accordance with the requirements of section 3 of this act, purchase supplies, materials and equipment [after complying with the requirements for competitive bidding of chapter 332 of NRS if the hospital finds that similar merchandise is available, at a reasonable savings below the lowest bid,] through the purchasing contracts of the company which manages the hospital, or through [another group purchasing arrangement among hospitals. Except as otherwise provided in subsection 4, the prices available to the company which manages the hospital or to other purchasing groups must be submitted at the time of the bid opening as other bids are made under chapter 332 of NRS. The documents pertaining to each proposed purchase or acquisition must be summarized in writing for presentation at the next regularly scheduled meeting of the governing body of the hospital. After reviewing the summary the governing body shall approve or disapprove the proposed purchase or acquisition.

    4.  If, after the process of competitive bidding pursuant to chapter 332 of NRS is completed, the company which manages the hospital offers to the hospital through its purchasing contracts a lower price for supplies, materials and equipment than the lowest price obtained by the hospital through competitive bidding or available to the hospital pursuant to NRS 333.470, the hospital, with the approval of its governing body, may purchase those supplies, materials and equipment through the purchasing contracts of the


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

ê1999 Statutes of Nevada, Page 192 (Chapter 88, AB 251)ê

 

company which manages the hospital without further competitive bidding.] a purchasing group, without complying with the requirements for competitive bidding set forth in chapter 332 of NRS.

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

________

 

CHAPTER 89, AB 375

Assembly Bill No. 375–Committee on Government Affairs

 

CHAPTER 89

 

AN ACT relating to counties; requiring that uninsured deposits by a county treasurer be secured by certain collateral; providing a procedure for the sale of such collateral if the depository fails to pay a deposit upon demand; authorizing the deposit of county money in insured credit unions; clarifying that property taxes are not paid quarterly; providing for the listing on one trustee certificate issued by a county tax receiver of all properties on which taxes are delinquent; providing for the recording of the certificate against each property described in the certificate; and providing other matters properly relating thereto.

 

[Approved May 5, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 356 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  All money deposited by a county treasurer that is not within the limits of insurance provided by an instrumentality of the United States must be secured by collateral composed of the following types of securities:

    (a) United States treasury notes, bills, bonds or obligations as to which the full faith and credit of the United States are pledged for the payment of principal and interest, including the guaranteed portions of Small Business Administration loans if the full faith and credit of the United States is pledged for the payment of the principal and interest;

    (b) Bonds of this state;

    (c) Bonds of a county, municipality or school district within this state;

    (d) Mortgage-backed pass-through securities guaranteed by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Government National Mortgage Association; or

    (e) Instruments in which the county is authorized by NRS 355.170 to invest.

    2.  Collateral deposited by the depository bank, credit union or savings and loan association must be pledged with the county treasurer or with a Federal Home Loan Bank, or any insured bank, insured credit union or insured savings and loan association, other than the depository bank, credit union or savings and loan association, which will accept the securities in trust for the purposes of this section.

    3.  The fair market value of the deposit of securities as collateral by each depository bank, credit union or savings and loan association must be at least 102 percent of the amount of the county treasurer’s deposit with the depository bank, credit union or association.


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

ê1999 Statutes of Nevada, Page 193 (Chapter 89, AB 375)ê

 

    4.  All securities to be used as such collateral are subject to review by the county treasurer and the board of county commissioners. The depository bank, credit union or savings and loan association shall submit monthly reports to the county treasurer showing the securities which constitute the collateral and their fair market value.

    5.  The county treasurer or the board of county commissioners may, from time to time, require the deposit of additional securities as collateral if, in their judgment, the additional securities are necessary to secure the county treasurer’s deposit.

    Sec. 3.  1.  If an insured bank, insured credit union or insured savings and loan association fails to pay a deposit, or any part thereof, on demand of the county treasurer, the county treasurer, with the written approval of the board of county commissioners, forthwith shall:

    (a) Advertise the securities for sale for not less than 10 days in a newspaper of general circulation published within this state.

    (b) Sell the securities, or a sufficient amount thereof, to repay the deposit, at public or private sale to the highest and best bidder.

    (c) Apply the proceeds of the sale, including accrued interest, if any, toward the cancellation of the deposit.

    2.  If there is an excess of the proceeds or of security, or both, after the satisfaction of the deposit, the excess must be returned to the depository bank, credit union or savings and loan association or its successor in interest.

    3.  This section does not prevent the depository bank, credit union or savings and loan association, or the commissioner of financial institutions in charge thereof, or the legally constituted receiver or liquidator thereof from redeeming the securities within a reasonable time, as determined by the board of county commissioners, at such a price as will repay to the county treasurer the full amount of the deposit in the depository.

    Sec. 4.  NRS 356.120 is hereby amended to read as follows:

    356.120  With unanimous consent of his bondsmen, a county treasurer may:

    1.  When one or more insured banks , insured credit unions or insured savings and loan associations are located in the county, deposit county [funds] money in such insured banks , credit unions or savings and loan associations [,] in demand or time accounts.

    2.  When no such banks , credit unions or savings and loan associations exist in the county, deposit county [funds with] money in any insured bank, insured credit union or [any] insured savings and loan association in the State of Nevada in demand or time accounts.

    Sec. 5.  NRS 356.125 is hereby amended to read as follows:

    356.125  1.  All money placed in [any] insured depository banks, insured credit unions or [any] insured savings and loan associations in time accounts may be deposited only with the written consent of the board of county commissioners.

    2.  The time accounts so established are subject to the applicable contract between the depository and the county. [The contract may provide that money deposited by the county treasurer in time accounts be secured by the same types of collateral and in the same manner as allowed for securing deposits of the state treasurer under NRS 356.020 and 356.025.]


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

ê1999 Statutes of Nevada, Page 194 (Chapter 89, AB 375)ê

 

same types of collateral and in the same manner as allowed for securing deposits of the state treasurer under NRS 356.020 and 356.025.]

    3.  The provisions of this section do not require any depository to accept county deposits.

    Sec. 6.  NRS 356.140 is hereby amended to read as follows:

    356.140  1.  [Such accounts shall] Demand or time accounts authorized by NRS 356.120 and 356.125 must be kept in the name of the county in such manner as the board of county commissioners may prescribe.

    2.  The [balances] balance in each such [insured banks or savings and loan associations,] account, as certified to by the proper officer [thereof,] of the bank, credit union or savings and loan association in which the money is deposited, and by oath of the county treasurer, may be [counted] accounted for by the county as cash.

    Sec. 7.  NRS 356.150 is hereby amended to read as follows:

    356.150  All money deposited in [any depository] an insured bank , insured credit union or insured savings and loan association by the county treasurer may be drawn out by a check or order of the county treasurer at any time without previous notice, but no withdrawal of such a deposit [or deposits, except by the county auditor’s warrant in the manner set forth in NRS 356.180,] may be made by the county treasurer except by [a] :

    1.  A check or order [which] that has been countersigned by the county auditor [.] ; or

    2.  The warrant of the county auditor in the manner set forth in NRS 356.180.

    Sec. 8.  NRS 356.160 is hereby amended to read as follows:

    356.160  A warrant of the county auditor [shall be] is a check or order of the county treasurer, and [shall] must be paid by the depository bank , credit union or savings and loan association designated thereon, [when registered,] if the warrant is registered and countersigned, and the bank , credit union or savings and loan association has been designated for payment thereof as provided in NRS 356.180.

    Sec. 9.  NRS 356.170 is hereby amended to read as follows:

    356.170  The county treasurer shall keep a register [which shall show] that shows separately the amount of county money on deposit with every insured depository bank , credit union or savings and loan association, and shall list separately each check or order drawn upon the respective depositories, numbering the checks or orders against each depository consecutively.

    Sec. 10.  NRS 356.180 is hereby amended to read as follows:

    356.180  [Whenever any] If a warrant of the county auditor is presented to the county treasurer for payment, the warrant becomes a check or order of the county treasurer if the county treasurer endorses thereon the name of the depository bank , credit union or insured savings and loan association, where payable, and a number, as provided in NRS 356.170, and countersigns his name thereto as county treasurer.

    Sec. 11.  NRS 356.190 is hereby amended to read as follows:

    356.190  1.  Where the county treasurer, in accordance with the terms and provisions of NRS 356.120 to 356.180, inclusive, and sections 2 and 3 of this act, has deposited and kept on deposit any public [moneys] money in depositories so designated, he [shall not be] :


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

ê1999 Statutes of Nevada, Page 195 (Chapter 89, AB 375)ê

 

of this act, has deposited and kept on deposit any public [moneys] money in depositories so designated, he [shall not be] :

    (a) Is not liable personally on or upon his official bond for any public [moneys] money that may be lost by reason of the failure or insolvency of any such depository . [; but the county treasurer shall be]

    (b) Is chargeable with the safekeeping, management and disbursement of any bonds [which] that may be deposited with him as security for deposits of county [moneys,] money, and with interest thereon, and with the proceeds of any sale of such bonds.

    2.  The county treasurer may deposit for safekeeping with an insured bank, insured credit union, insured savings and loan association or trust company within or without this state any securities or bonds pledged with him, as county treasurer, as collateral or as security for any purpose, but the securities or bonds may only be so deposited by him with the joint consent and approval, in writing, of the pledgor thereof and the board of county commissioners. Any bonds or securities so deposited by him must be deposited under a written deposit agreement between the pledgor and the county treasurer, to be held and released only upon a written order of the county treasurer that has been approved by the board of county commissioners.

    Sec. 12.  NRS 356.200 is hereby amended to read as follows:

    356.200  1.  With unanimous consent of [their] his bondsmen, a county [officers,] officer, other than a county [treasurers,] treasurer, may deposit county money received [in their respective offices] by the office of the county officer in [any] an insured bank, insured credit union or [any] insured savings and loan association located in the State of Nevada.

    2.  [Whenever] If the written consent of any bondsman to such a deposit has not been obtained, the bondsman must, upon giving notice as required by law, be released from all responsibility on the bond of [such an] the officer.

    3.  The accounts must be kept in the name of the county in such manner as the board of county commissioners may prescribe.

    4.  The [balances in the insured banks or savings and loan associations,] balance in each such account, as certified by the proper officer [thereof,] of the bank, credit union or savings and loan association in which the money is deposited, and by oath of the county treasurer, may be [counted] accounted for by the county as cash.

    5.  All money deposited in any depository bank , credit union or savings and loan association by such a county officer may be drawn out by him on check or order payable only to the county treasurer or his order, but every county assessor may also withdraw money received in payment for license fees for motor vehicles by check or order payable to the department of motor vehicles and public safety, and may also withdraw money received in payment for use taxes for motor vehicles by check or order payable to the department of taxation.

    6.  The county officer shall keep a register which shows the amount of county money on deposit and lists every check or order drawn upon the depository bank , credit union or savings and loan association, numbering the items consecutively.


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

ê1999 Statutes of Nevada, Page 196 (Chapter 89, AB 375)ê

 

    7.  The county officer maintaining a deposit in any depository bank shall draw upon the deposit not later than the [1st] first Monday of each month and whenever the deposit exceeds $100 for the full amount of county money deposited therein, a withdrawal to be by check or order payable to the county treasurer, and shall thereupon deliver the withdrawal to the county treasurer.

    8.  This section does not apply to any deposit made by the clerk of any court pursuant to NRS 355.210.

    Sec. 13.  NRS 268.785 is hereby amended to read as follows:

    268.785  1.  After creation of the district, the council shall annually ascertain and include in its budget the total amount of money to be derived from assessments required to provide the higher level of police protection found beneficial to the public interest for the next ensuing fiscal year.

    2.  The city council shall designate an existing citizens’ group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of additional police protection to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.

    3.  The total amount of money to be derived from assessments for the next ensuing fiscal year must be apportioned among the individual property owners in the district based upon the relative special benefit received by each property using an apportionment method approved by the city council. On or before April 20 of each year, a notice specifying the proposed amount of the assessment for the next ensuing fiscal year must be mailed to each property owner. The city council shall hold a public hearing concerning the assessments at the same time and place as the hearing on the tentative budget. The city council shall levy the assessments after the hearing but not later than June 1. The assessments so levied must be paid in [quarterly] installments on or before the dates specified for installments paid pursuant to subsection 4 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.

    4.  A district is not entitled to receive any distribution of supplemental city-county relief tax.

    Sec. 14.  NRS 268.795 is hereby amended to read as follows:

    268.795  1.  After creation of the district, the council shall annually ascertain and include in its budget the total amount of money to be derived from assessments required to provide the maintenance found beneficial to the public interest for the next ensuing fiscal year.

    2.  The city council shall designate an existing citizens’ group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of maintenance to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.


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ê1999 Statutes of Nevada, Page 197 (Chapter 89, AB 375)ê

 

    3.  The total amount of money to be derived from assessments for the next ensuing fiscal year must be apportioned among the individual property owners in the district based upon the relative special benefit received by each property using an apportionment method approved by the city council. On or before April 20 of each year, a notice specifying the proposed amount of the assessment for the next ensuing fiscal year must be mailed to each property owner. The city council shall hold a public hearing concerning the assessments at the same time and place as the hearing on the tentative budget. The city council shall levy the assessments after the hearing but not later than June 1. The assessments so levied must be paid in [quarterly] installments on or before the dates specified for installments paid pursuant to subsection 4 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.

    4.  A district is not entitled to receive any distribution of supplemental city-county relief tax.

    Sec. 15.  NRS 361.4547 is hereby amended to read as follows:

    361.4547  1.  [Subsequent to] After the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the department, for examination and approval, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify that combined rate, to each of the boards of county commissioners.

    2.  If the voters of a school district approve an additional levy of taxes ad valorem pursuant to NRS 387.3285 or 387.3287 or the issuance of bonds or other debt to be repaid by a levy of taxes ad valorem throughout the district, and the department finds for any fiscal year that the additional rate of tax required for this purpose, when added to the rates of taxes ad valorem authorized to be levied in the district by other local governments and the state for that fiscal year would cause the combined rate within the territory of any other local government to exceed the rate allowed by NRS 361.453, the department shall determine:

    (a) The amounts by which the proposed levies for all of the other local governments whose rates affect the territory have increased from the previous year; and

    (b) The portion of the amount by which the combined rate would exceed the rate allowed by NRS 361.453 that is directly attributable to the additional levy approved by the voters for the school district.

    3.  If the department determines that any portion of the amount by which the combined rate would exceed the rate allowed by NRS 361.453 is directly attributable to the additional levy approved by the voters for the school district, the school district shall:

    (a) Reduce for the fiscal year the amount levied pursuant to NRS 387.3285 or 387.3287, or both, if the proceeds of the levy are not already committed for debt service, by the amount determined by the department to be directly attributable to the school district;


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ê1999 Statutes of Nevada, Page 198 (Chapter 89, AB 375)ê

 

    (b) Transfer to the other local government whose rate overlaps in that territory an amount of money, determined by the department to be directly attributable to the school district, to reduce the combined rate to the rate allowed; or

    (c) Determine and implement a combination of the methods of reduction allowed by paragraphs (a) and (b) that will result in the reduction of the combined rate by the amount determined by the department to be directly attributable to the school district.

    4.  If a school district determines that it will proceed pursuant to paragraph (b) or (c) of subsection 3, the department shall calculate the transfers so as to minimize the total amount transferred, and each local government to which a transfer is made shall correspondingly reduce its rate and file a revised budget within the time allowed by subsection 6 of NRS 361.455. The amounts transferred must be paid in [quarterly] installments, within 30 days after each [quarterly] installment of property taxes is due.

    Sec. 16.  NRS 361.483 is hereby amended to read as follows:

    361.483  1.  Except as otherwise provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile or manufactured homes are due on the third Monday of August.

    2.  Taxes assessed upon the real property tax roll may be paid in four approximately equal installments if the taxes assessed on the parcel exceed $100.

    3.  Taxes assessed upon a mobile or manufactured home may be paid in four [equal] installments if the taxes assessed exceed $100.

    4.  If a person elects to pay in [quarterly] installments, the first installment is due on the third Monday of August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.

    5.  If any person charged with taxes which are a lien on real property fails to pay:

    (a) Any one [quarter] installment of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.

    (b) Any two [quarters] installments of the taxes, together with accumulated penalties, on or within 10 days following the day the later [quarter] installment of taxes becomes due, there must be added thereto a penalty of 5 percent of the two [quarters] installments due.

    (c) Any three [quarters] installments of the taxes, together with accumulated penalties, on or within 10 days following the day the latest [quarter] installment of taxes becomes due, there must be added thereto a penalty of 6 percent of the three [quarters] installments due.

    (d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the first Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.

    6.  Any person charged with taxes which are a lien on a mobile or manufactured home who fails to pay the taxes within 10 days after the [quarterly] installment payment is due is subject to the following provisions:

    (a) A penalty of 10 percent of the taxes due;


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ê1999 Statutes of Nevada, Page 199 (Chapter 89, AB 375)ê

 

    (b) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and

    (c) The county assessor may proceed under NRS 361.535.

    7.  The ex officio tax receiver of a county shall notify each person in the county who is subject to a penalty pursuant to this section of the provisions of NRS 360.419 and 361.4835.

    Sec. 17.  NRS 361.570 is hereby amended to read as follows:

    361.570  1.  Pursuant to the notice given as provided in NRS 361.5648 and 361.565 and at the time stated in the notice, the tax receiver shall make out [his certificate authorizing] a certificate that describes each property on which delinquent taxes have not been paid. The certificate authorizes the county treasurer, as trustee for the state and county, to hold [the] each property described in the [notice] certificate for the period of 2 years after the first Monday in June of the year the certificate is dated, unless sooner redeemed.

    2.  The certificate must specify:

    (a) The amount of delinquency [,] on each property, including the amount and year of assessment;

    (b) The taxes , and the penalties and costs added thereto, on each property, and that interest on the taxes will be added at the rate of 10 percent per annum from the date due until paid; and

    (c) The name of the owner or taxpayer [,] of each property, if known.

    3.  The certificate must state, and it is hereby provided:

    (a) That [the] each property described in the certificate may be redeemed within 2 years [from its date;] after the date of the certificate; and

    (b) That [if not redeemed,] the title to [the] each property not redeemed vests in the county for the benefit of the state and county.

    4.  Until the expiration of the period of redemption, [the] each property held pursuant to the certificate must be assessed annually to the county treasurer as trustee, and before the owner or his successor redeems the property he shall also pay the county treasurer holding the certificate any additional taxes assessed and accrued against the property after the date of the certificate, together with [the] interest on the taxes at the rate of 10 percent per annum from the date due until paid.

    5.  [The] A county treasurer shall take [certificates] a certificate issued to him [under the provisions of] pursuant to this section. The county treasurer may cause the certificate to be recorded in the office of the county recorder against each property described in the certificate to provide constructive notice of the amount of delinquent taxes on each property respectively. The certificate reflects the amount of delinquent taxes due on the properties described in the certificate on the date on which the certificate was recorded, and the certificate need not be amended subsequently to indicate the repayment of any of those delinquent taxes. The recording of the certificate does not affect the statutory lien for taxes provided in NRS 361.450.

    Sec. 18.  NRS 361.575 is hereby amended to read as follows:

    361.575  1.  During the time [the] a county treasurer holds [certificates] a certificate for any property under the provisions of this chapter and until the expiration of the period of redemption [limited therein,] specified in the certificate with respect to the property, the property [shall] must be assessed annually to the county treasurer, and his successors in office, in the same manner as the taxable property of private persons is assessed, except that [such assessment shall] the assessment must express that it is made against [him] the county treasurer as a trustee.


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ê1999 Statutes of Nevada, Page 200 (Chapter 89, AB 375)ê

 

certificate with respect to the property, the property [shall] must be assessed annually to the county treasurer, and his successors in office, in the same manner as the taxable property of private persons is assessed, except that [such assessment shall] the assessment must express that it is made against [him] the county treasurer as a trustee. No proceedings [shall] may be taken to enforce the collection of [such] the taxes against the trustee.

    2.  [When] If the property is sold or rented for sufficient money to pay the taxes and costs legally chargeable against [such property, then the same shall be fully paid by the trustee.] the property, the trustee shall pay the taxes and costs in full.

    Sec. 19.  NRS 361.585 is hereby amended to read as follows:

    361.585  1.  When the time allowed by law for the redemption of a property described in a certificate has expired, and no redemption has been made, the tax receiver who issued the certificate, or his successor in office, shall execute and deliver to the county treasurer a deed of the property [described in each respective certificate] in trust for the use and benefit of the state and county and any officers having fees due [him in such cases.] them.

    2.  The county treasurer and his successors in office, upon obtaining a deed of any property in trust under the provisions of this chapter, shall hold that property in trust until it is sold or otherwise disposed of pursuant to the provisions of this chapter.

    3.  Notwithstanding the provisions of NRS 361.595 or 361.603, at any time during the 90‑day period specified in NRS 361.603, or before the public notice of sale by a county treasurer, pursuant to NRS 361.595, of any property held in trust by him by virtue of any deed made pursuant to the provisions of this chapter, any person [or persons] specified in subsection 4 is entitled to have [such] the property reconveyed upon payment to the county treasurer of an amount equal to the taxes accrued, together with any costs, penalties and interest legally chargeable against [such] the property. A reconveyance [shall] may not be made after expiration of the 90‑day period specified in NRS 361.603 or after commencement of posting or publication of public notice pursuant to NRS 361.595.

    4.  Property may be reconveyed pursuant to subsection 3 to one or more of the persons specified in the following categories, or to one or more persons within a particular category, as their interests may appear of record:

    (a) The owner.

    (b) The beneficiary under a deed of trust.

    (c) The mortgagee under a mortgage.

    (d) The person to whom the property was assessed.

    (e) The person holding a contract to purchase the property before its conveyance to the county treasurer.

    (f) The successor in interest of any person specified in this subsection.

    5.  The provisions of this section apply to land held in trust by a county treasurer on or after April 17, 1971.

    Sec. 20.  NRS 361.590 is hereby amended to read as follows:

    361.590  1.  If [the] a property described in a certificate is not redeemed within the time allowed by law for its redemption, the tax receiver or his successor in office [must] shall make to the county treasurer as trustee for the state and county a deed of the property, reciting in the deed substantially the matters contained in the certificate of sale or, in the case of a conveyance under NRS 361.604, the order of the board of county commissioners, and that no person has redeemed the property during the time allowed for its redemption.


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ê1999 Statutes of Nevada, Page 201 (Chapter 89, AB 375)ê

 

substantially the matters contained in the certificate of sale or, in the case of a conveyance under NRS 361.604, the order of the board of county commissioners, and that no person has redeemed the property during the time allowed for its redemption.

    2.  The deed must be recorded in the office of the county recorder within 30 days [from] after the date of expiration of the period of redemption.

    3.  All such deeds are primary evidence that:

    (a) The property was assessed as required by law.

    (b) The property was equalized as required by law.

    (c) The taxes were levied in accordance with law.

    (d) The taxes were not paid.

    (e) At a proper time and place [the property was sold or otherwise disposed of] a certificate of delinquency was filed as prescribed by law, and by the proper officer.

    (f) The property was not redeemed.

    (g) The person who executed the deed was the proper officer.

    [(h) Where the real estate was sold to pay taxes on personal property, the real estate belonged to the person liable to pay the tax.]

    4.  Such deeds are , [(] except as against actual fraud , [)] conclusive evidence of the regularity of all other proceedings, from the assessment by the county assessor [up] to the execution of the deed.

    5.  The deed conveys to the county treasurer as trustee for the state and county the property described therein, free of all encumbrances, except any easements of record for public utility purposes, any lien for [any] taxes or assessments by any irrigation or other district for irrigation or other district purposes, and any interest and penalties on the property, except when the land is owned by the United States or this state, in which case it is prima facie evidence of the right of possession accrued as of the date of the deed to the purchaser, but without prejudice to the lien for other taxes or assessments or the claim of any such district for interest or penalties.

    6.  No tax assessed upon any property, or sale therefor, may be held invalid by any court of this state on account of:

    (a) Any irregularity in any assessment;

    (b) Any assessment or tax roll not having been made or proceeding had within the time required by law; or

    (c) Any other irregularity, informality, omission, mistake or want of any matter of form or substance in any proceedings which the legislature might have dispensed with in the first place if it had seen fit so to do, and that does not affect the substantial property rights of persons whose property is taxed.

All such proceedings in assessing and levying taxes, and in the sale and conveyance therefor, must be presumed by all the courts of this state to be legal until the contrary is shown affirmatively.

    Sec. 21.  NRS 361.595 is hereby amended to read as follows:

    361.595  1.  Any property held in trust by any county treasurer by virtue of any deed made pursuant to the provisions of this chapter may be sold and conveyed in the manner prescribed in this section and in NRS 361.603 or conveyed without sale as provided in NRS 361.604.


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ê1999 Statutes of Nevada, Page 202 (Chapter 89, AB 375)ê

 

    2.  If the property is to be sold, the board of county commissioners may make an order, to be entered on the record of its proceedings, directing the county treasurer to sell the property particularly described therein, after giving notice of sale, for a total amount not less than the amount of the taxes, costs, penalties and interest legally chargeable against the property as stated in the order.

    3.  Notice of the sale must be:

    (a) Posted in at least three public places in the county, including one at the courthouse and one on the property, not less than 20 days before the day of sale or, in lieu of such a posting, by publication of the notice for 20 days in some newspaper published within the county, if the board of county commissioners so directs.

    (b) Mailed by certified mail, return receipt requested, not less than 90 days before the sale, to the owner of the parcel as shown on the tax roll and to any person or governmental entity that appears in the records of the county to have a lien or other interest in the property. If the receipt is returned unsigned, the county treasurer must make a reasonable attempt to locate and notify the owner or other person or governmental entity before the sale.

    4.  Upon compliance with such an order the county treasurer shall make, execute and deliver to any purchaser, upon payment to him, as trustee, of a consideration not less than that specified in the order, an absolute deed, discharged of any trust of the property mentioned in the order.

    5.  Before delivering any such deed, the county treasurer shall record the deed at the expense of the purchaser.

    6.  All such deeds, whether issued before, on or after July 1, 1955, are primary evidence [of] :

    (a) Of the regularity of all proceedings relating to the order of the board of county commissioners, the notice of sale and the sale of the property [, but no] ; and

    (b) That, if the real property was sold to pay taxes on personal property, the real property belonged to the person liable to pay the tax.

    7.  No such deed may be executed and delivered by the county treasurer until he files at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of the notice of sale, as the case may be, together with his return of sale, verified, showing compliance with the order of the board of county commissioners, which constitutes primary evidence of the facts recited therein.

    [7.] 8.  If the deed when regularly issued is not recorded in the office of the county recorder, the deed, and all proceedings relating thereto, is void as against any subsequent purchaser in good faith and for a valuable consideration of the same property, or any portion thereof, when his own conveyance is first recorded.

    [8.] 9.  The board of county commissioners shall provide its clerk with a record book in which must be indexed the name of each purchaser, together with the date of sale, a description of the property sold, a reference to the book and page of the minutes of the board of county commissioners where the order of sale is recorded, and the file number of the affidavits and return.


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ê1999 Statutes of Nevada, Page 203 (Chapter 89, AB 375)ê

 

    Sec. 22.  NRS 361.770 is hereby amended to read as follows:

    361.770  1.  If newly constructed real property is not assessed on the secured assessment roll for the current tax year and the roll has been closed pursuant to NRS 361.310, the county assessor of any county wherein the property is located shall assess the property as personal property and give his receipt for the taxes paid thereon in the amount received by him. If the amount of the taxes exceeds $100, they may be paid in [quarterly] installments as provided in NRS 361.483.

    2.  An assessment may be made at any time between July 1 and December 15. The receipt issued by the county assessor must specify the description of the property, together with the year for which the tax is paid.

    3.  Any taxes for property assessed pursuant to this section which become delinquent must be treated in the same manner as if the property had been placed on the secured roll.

    4.  The receipt issued by the county assessor is conclusive evidence for the payment of all taxes against the property described for the year named on the receipt and is a complete defense to any action for taxes which may be brought for the period covered by the receipt.

    Sec. 23.  NRS 474.510 is hereby amended to read as follows:

    474.510  1.  The board of fire commissioners shall prepare a budget for each district organized in accordance with NRS 474.460, estimating the amount of money which will be needed to defray the expenses of the district, and to meet unforeseen fire emergencies and determine the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.

    2.  At the time of making the levy of county taxes for the year, the board of county commissioners shall levy the tax provided by subsection 1, 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, power lines and other public utility lines as authorized in this section must be based upon valuations established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

    3.  The amount of tax to be collected for the purposes of this section must not exceed, in any 1 year, 1 percent of the value of the property described in subsection 2 and any net proceeds of minerals derived from within the boundaries of the district.

    4.  If levied, the tax must be entered upon the assessment roll and collected in the same manner as state and county taxes. Taxes may be paid in four approximately equal installments at the times specified in NRS 361.483 and the same penalties as specified in NRS 361.483 must be added for failure to pay the taxes.

    5.  For the purposes of NRS 474.460 to 474.550, inclusive, the county treasurer shall keep two separate funds for each district, one to be known as the district fire protection operating fund and one to be known as the district fire emergency fund. The sums collected to defray the expenses of any district organized pursuant to NRS 474.460 must be deposited in the district fire protection operating fund, and the sums collected to meet unforeseen emergencies must be deposited in the district fire emergency fund.


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ê1999 Statutes of Nevada, Page 204 (Chapter 89, AB 375)ê

 

emergencies must be deposited in the district fire emergency fund. The district fire emergency fund must be used solely for emergencies and must not be used for regular operating expenses and must not exceed the sum of $50,000.

________

 

CHAPTER 90, SB 24

Senate Bill No. 24–Senator Mathews

 

CHAPTER 90

 

AN ACT relating to psychology; specifying that the practice of psychology includes the diagnosis and treatment of alcoholism and substance abuse; reducing the number of members of the board of psychological examiners required for a quorum; revising provisions governing the written examination required for licensure as a psychologist; revising the grounds for disciplinary action against a psychologist; and providing other matters properly relating thereto.

 

[Approved May 5, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 641.025 is hereby amended to read as follows:

    641.025  “Practice of psychology” means the observation, description, evaluation, interpretation or modification of human behavior by the application of psychological principles, methods or procedures to prevent or eliminate problematic, unhealthy or undesired behavior and to enhance personal relationships and behavioral and mental health. The term includes, without limitation, such specialized areas of competence as:

    1.  Psychological testing and the evaluation of personal characteristics, including, without limitation, intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning;

    2.  Counseling;

    3.  Psychoanalysis;

    4.  Psychotherapy;

    5.  Hypnosis;

    6.  Biofeedback;

    7.  Analysis and therapy relating to behavior;

    8.  Diagnosis and treatment of mental or emotional disorders, alcoholism and substance abuse, including, without limitation, disorders of habit or conduct;

    9.  Psychological aspects of physical injury, illness, accident or disability; and

    10.  Evaluation, therapy, remediation and consultation relating to the academic performance of the patient.

    Sec. 2.  NRS 641.070 is hereby amended to read as follows:

    641.070  The board shall hold a regular meeting at least once a year. The board shall hold a special meeting upon a call of the president or upon [a request by] the request of a majority of the members. [Four members] A majority of the board [shall constitute] constitutes a quorum.


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ê1999 Statutes of Nevada, Page 205 (Chapter 90, SB 24)ê

 

    Sec. 3.  NRS 641.180 is hereby amended to read as follows:

    641.180  1.  [The board shall administer to each] Except as otherwise provided in this section and NRS 641.190, each applicant for a license [a written examination on his knowledge of psychology. The examination administered must be] must pass the Examination for the Professional Practice of Psychology in the form [most recently provided by the Professional Examination Service before January 1, 1987.] administered by the Association of State and Provincial Psychology Boards and approved for use in this state by the board. In addition [,] to this written examination, the board may require an oral examination in whatever applied or theoretical fields it deems appropriate.

    2.  The examination must be given at least once a year, and may be given more often if deemed necessary by the board. The examination must be given at a time and place, and under such supervision, as the board may determine. [A grade of 70 percent is a passing grade.]

    3.  The board shall notify each applicant of the results of his written examination and supply him with a copy of all material information about those results provided to the board by the [Professional Examination Service.] Association of State and Provincial Psychology Boards.

    4.  If an applicant fails the examination, he may request in writing that the board review his examination.

    5.  The board may waive the requirement of a written examination for a person who:

    (a) Is licensed in another state;

    (b) Has 10 years experience; and

    (c) Is a diplomate in the American Board of Professional Psychology [,] or a fellow in the American Psychological Association , or who has other equivalent status as determined by the board.

    Sec. 4.  NRS 641.230 is hereby amended to read as follows:

    641.230  The board may suspend the license of a psychologist, place a psychologist on probation, revoke the license of a psychologist, require remediation for a psychologist or take any other action specified by regulation if the board finds by a preponderance of the evidence that the psychologist has:

    1.  Been convicted of a felony.

    2.  Been convicted of any crime or offense that reflects the inability of the psychologist to practice psychology with due regard for the health and safety of others.

    3.  Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

    4.  Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology.

    5.  Aided or abetted the practice of psychology by a person not licensed by the board.

    6.  Made any fraudulent or untrue statement to the board.

    7.  Violated a regulation adopted by the board.

    8.  Had his license to practice psychology suspended or revoked or has had any other disciplinary action taken against him by another state [.] or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.


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ê1999 Statutes of Nevada, Page 206 (Chapter 90, SB 24)ê

 

if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

    9.  Failed to report to the board within 30 days the revocation, suspension or surrender of , or any other disciplinary action taken against, a license or certificate to practice psychology issued to him by another state [.] or territory of the United States, the District of Columbia or a foreign country.

    10.  Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

    11.  Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

    12.  Engaged in sexual activity with a patient.

    13.  Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.

    14.  Been convicted of submitting a false claim for payment to the insurer of a patient.

    Sec. 5.  This act becomes effective upon passage and approval.

________

 

CHAPTER 91, SB 92

Senate Bill No. 92–Committee on Commerce and Labor

 

CHAPTER 91

 

AN ACT relating to industrial insurance; clarifying the applicability of the provisions governing occupational diseases to various provisions governing industrial insurance; and providing other matters properly relating thereto.

 

[Approved May 5, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 608.150 is hereby amended to read as follows:

    608.150  1.  Every original contractor making or taking any contract in this state for the erection, construction, alteration or repair of any building or structure, or other work, shall assume and is liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the original contractor in performing any labor, construction or other work included in the subject of the original contract, for labor, and for the requirements imposed by chapters 616A to 616D, inclusive, and chapter 617 of NRS.

    2.  It is unlawful for any contractor or any other person to fail to comply with the provisions of subsection 1, or to attempt to evade the responsibility imposed thereby, or to do any other act or thing tending to render nugatory the provisions of this section.

    3.  The district attorney of any county wherein the defendant may reside or be found shall institute civil proceedings against any such original contractor failing to comply with the provisions of this section in a civil action for the amount of all wages and damage that may be owing or have accrued as a result of the failure of any subcontractor acting under the original contractor, and any property of the original contractor, not exempt by law, is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.


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ê1999 Statutes of Nevada, Page 207 (Chapter 91, SB 92)ê

 

law, is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.

    Sec. 2.  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 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 administrator for the review of the decision, in which action any other party to the proceedings before the board of review must be made a defendant.

    2.  In such action, a petition which need not be verified, but which must state the grounds upon which a review is sought, must be served upon the 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 must be left with the party so served as many copies of the petition as there are defendants, and the administrator shall forthwith mail one such copy to each such defendant.

    3.  With his answer or petition, the 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 administrator may also, in his discretion, certify to 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, is conclusive, and the jurisdiction of the court is confined to questions of law.

    5.  Such actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under chapters 616A to 616D, inclusive, or chapter 617 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 is not necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the board of review, and no bond 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 the determination.

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

    Sec. 3.  NRS 616A.410 is hereby amended to read as follows:

    616A.410  1.  The administrator may prosecute, defend and maintain actions in the name of the administrator for the enforcement of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS 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 administrator.


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    3.  In any action or proceeding or in the prosecution of any appeal by the administrator, no bond or undertaking need be furnished by the administrator.

    Sec. 4.  NRS 616A.420 is hereby amended to read as follows:

    616A.420  1.  The administrator may enter into agreements or compacts with appropriate agencies, bureaus, boards or commissions of other states concerning matters of mutual interest, extraterritorial problems in the administration of chapters 616A to 616D, inclusive, or chapter 617 of NRS, and [for the purpose of eliminating] to eliminate duplicate claims or benefits.

    2.  The insurer may provide liability insurance coverage against any risks of double liability on the part of employers subject to chapters 616A to 616D, inclusive, or chapter 617 of NRS, for the same accident or injury.

    Sec. 5.  NRS 616A.475 is hereby amended to read as follows:

    616A.475  1.  Every employer insured by the system shall furnish the system or the administrator, upon request, all information required to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS. The administrator, or any person employed by the administrator for that purpose, may examine, under oath, any employer or officer, agent or employee thereof.

    2.  Every self-insured employer, association of self-insured public or private employers or private carrier shall furnish to the administrator, upon request, all information required to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS. The administrator or any person employed by him for that purpose, may examine, under oath, any employer or officer, agent or employee thereof.

    3.  Every insured employer shall keep on hand constantly a sufficient supply of blank forms furnished by the insurer.

    Sec. 6.  NRS 616B.012 is hereby amended to read as follows:

    616B.012  1.  Except as otherwise provided in this section and in NRS 616B.015, 616B.021 and 616C.205, information obtained from any insurer, 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 chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    3.  The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The administrator 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 laws relating to industrial insurance, unemployment compensation, public assistance or labor law and industrial relations;

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

    (c) The Internal Revenue Service of the Department of the Treasury;

    (d) The department of taxation; and

    (e) The state contractors’ board in the performance of its duties to enforce the provisions of chapter 624 of NRS.


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ê1999 Statutes of Nevada, Page 209 (Chapter 91, SB 92)ê

 

Information obtained in connection with the administration of a program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a program of industrial insurance.

    4.  Upon written request made by a public officer of a local government, an insurer shall furnish from its records [,] the name, address and place of employment of any person listed in its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The insurer may charge a reasonable fee for the cost of providing the requested information.

    5.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit to the administrator a written request for the name, address and place of employment of any person listed in the records of an 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 administrator shall instruct the insurer to furnish the information requested. Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses.

    6.  The 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 its use in verifying returns for the business tax. The administrator may charge a reasonable fee to cover any related administrative expenses.

    7.  Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders [,] or obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, or chapter 617 of NRS and uses or permits the use of the list for any political purposes, is guilty of a gross misdemeanor.

    8.  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 chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    Sec. 7.  NRS 616B.015 is hereby amended to read as follows:

    616B.015  1.  Except as otherwise provided in subsection 2, the records and files of the division concerning self-insured employers and associations of self-insured public or private employers are confidential and may be revealed in whole or in part only in the course of the administration of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS relating to those employers or upon the lawful order of a court of competent jurisdiction.


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ê1999 Statutes of Nevada, Page 210 (Chapter 91, SB 92)ê

 

relating to those employers or upon the lawful order of a court of competent jurisdiction.

    2.  The records and files specified in subsection 1 are not confidential in the following cases:

    (a) Testimony by an officer or agent of the division and the production of records and files on behalf of the division in any action or proceeding conducted pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS if that testimony or the records and files, or the facts shown thereby, are involved in the action or proceeding.

    (b) Delivery to a self-insured employer or an association of self-insured public or private employers of a copy of any document filed by the employer with the division pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    (c) Publication of statistics if classified so as to prevent:

         (1) Identification of a particular employer or document; or

         (2) Disclosure of the financial or business condition of a particular employer or insurer.

    (d) Disclosure in confidence, without further distribution or disclosure to any other person, to:

         (1) The governor or his agent in the exercise of the governor’s general supervisory powers;

         (2) Any person authorized to audit the accounts of the division in pursuance of an audit;

         (3) The attorney general or other legal representative of the state in connection with an action or proceeding conducted pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;

         (4) Any agency of this or any other state charged with the administration or enforcement of the laws relating to workers’ compensation or unemployment compensation; or

         (5) Any federal, state or local law enforcement agency.

    (e) Disclosure in confidence by a person who receives information pursuant to paragraph (d) to a person in furtherance of the administration or enforcement of the laws relating to workers’ compensation or unemployment compensation.

    3.  As used in this section:

    (a) “Division” means the division of insurance of the department of business and industry.

    (b) “Records and files” means:

         (1) All credit reports, references, investigative records, financial information and data pertaining to the net worth of a self-insured employer or association of self-insured public or private employers; and

         (2) All information and data required by the division to be furnished to it pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS or which may be otherwise obtained relative to the finances, earnings, revenue, trade secrets or the financial condition of any self-insured employer or association of self-insured public or private employers.


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ê1999 Statutes of Nevada, Page 211 (Chapter 91, SB 92)ê

 

    Sec. 8.  NRS 616B.059 is hereby amended to read as follows:

    616B.059  There is no liability in a private capacity on the part of the manager while carrying out his duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    Sec. 9.  NRS 616B.074 is hereby amended to read as follows:

    616B.074  Subject to the limitations of chapters 616A to 616D, inclusive, and chapter 617 of NRS and the budget prescribed by the manager, the system must be administered by the manager, assistant managers, and a staff appointed by the manager.

    Sec. 10.  NRS 616B.089 is hereby amended to read as follows:

    616B.089  The State of Nevada is not liable for the payment of any compensation or any salaries or expenses in the administration of chapters 616A to 616D, inclusive, or chapter 617 of NRS, but is responsible for the safety and preservation of the state insurance fund.

    Sec. 11.  NRS 616B.095 is hereby amended to read as follows:

    616B.095  If the provisions of NRS 616B.218, 616B.224 and 616B.230 for the creation of a state insurance fund, or the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS making the compensation to the workman provided in those chapters exclusive of any other remedy on the part of the workman, [shall be] are held invalid, each of those chapters [shall] must be thereby invalidated, except the provisions of NRS 616B.101, and an accounting according to the justice of the case [shall] must be had on [moneys] money received. In other respects an adjudication of invalidity of any part of this chapter or chapter 616A, 616C , [or] 616D or 617 of NRS [shall] must not affect the validity of any of those chapters as a whole or any part thereof.

    Sec. 12.  NRS 616B.167 is hereby amended to read as follows:

    616B.167  The manager:

    1.  Has full power, authority and jurisdiction over the system.

    2.  May perform all acts necessary or convenient in the exercise of any power, authority or jurisdiction over the system, either in the administration of the system or in connection with the business of insurance to be carried on by the system under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including the establishment of premium rates.

    3.  May appoint in the unclassified service of the state no more than five persons [,] engaged in management [,] who report directly to the manager or an assistant manager. The manager shall designate these positions [,] and may not change them without the approval of the personnel commission. These persons are entitled to receive annual salaries fixed by the manager.

    Sec. 13.  NRS 616B.191 is hereby amended to read as follows:

    616B.191  In addition to any other agreements authorized by the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the manager may contract with private persons for the provision of any services necessary or appropriate to carry out the functions and duties of the system. The contracts must be awarded pursuant to reasonable competitive bidding procedures as established by the manager.

    Sec. 14.  NRS 616B.194 is hereby amended to read as follows:

    616B.194  Each insurer shall cooperate with the commissioner in the performance of his duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.


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ê1999 Statutes of Nevada, Page 212 (Chapter 91, SB 92)ê

 

chapter 617 of NRS. Each private carrier and the system shall provide the commissioner with any information, statistics or data in its records which pertain to any employer who is making an application to become self-insured or who is self-insured, or who is becoming or who is a member of an association of self-insured public or private employers.

    Sec. 15.  NRS 616B.224 is hereby amended to read as follows:

    616B.224  1.  Every employer who is not a self-insured employer or a member of an association of self-insured public or private employers shall, at intervals established by his insurer, furnish the insurer with a true and accurate payroll showing:

    (a) The total amount paid to employees for services performed;

    (b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a) whose tips in cash totaled $20 or more; and

    (c) A segregation of employment in accordance with the requirements of the commissioner,

together with the premium due thereon. The payroll and premium must be furnished to the insurer on or before the date established by the insurer for the receipt of the payroll and premium.

    2.  Any employer by agreement in writing with the insurer may arrange for the payment of premiums in advance at an interval established by the insurer.

    3.  Failure of any employer to comply with the provisions of this section and NRS 616B.218 operates as a rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS, effective at the expiration of the period covered by his estimate. The insurer shall notify the administrator of each such rejection.

    4.  If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the insurer may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

    5.  The insurer shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS as otherwise provided in those chapters.

    6.  The system may impose a penalty not to exceed 10 percent of the premiums which are due for the failure of an employer insured by the system to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

    7.  To the extent permitted by federal law, the insurer shall vigorously pursue the collection of premiums that are due under the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS even if an employer’s debts have been discharged in a bankruptcy proceeding.


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ê1999 Statutes of Nevada, Page 213 (Chapter 91, SB 92)ê

 

    Sec. 16.  NRS 616B.227 is hereby amended to read as follows:

    616B.227  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 or private carrier upon request and retain another copy for his records or, if the employer is self-insured or a member of an association of self-insured public or private employers, retain the copy for his records; and

    (c) If he is not self-insured or a member of an association of self-insured public or private employers, pay the system or private carrier the premiums for the reported tips at the same rate as he pays on regular wages.

    2.  The division shall adopt regulations specifying the form of the declaration required pursuant to subsection 1.

    3.  The system, private carrier, self-insured employer or association 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] to calculate his federal income tax and [for including] to include the income in the computation of benefits pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS.

    5.  The administrator shall adopt such regulations as are necessary to carry out the provisions of this section.

    Sec. 17.  NRS 616B.239 is hereby amended to read as follows:

    616B.239  1.  At any time within 3 years after:

    (a) Any premium or any amount of a premium required by chapters 616A to 616D, inclusive, or chapter 617 of NRS becomes due;

    (b) The delinquency of any premium or any amount of a premium required by chapters 616A to 616D, inclusive, or chapter 617 of NRS; or

    (c) The recording of a certificate pursuant to NRS 616B.257,

the manager or his authorized representative may bring an action in the courts of this state, or any other state, or of the United States, in the name of the system, to collect the amount delinquent together with penalties and interest.

    2.  In the action a writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment is required.

    3.  In the action, a certificate by the manager showing the delinquency is prima facie evidence of the determination of the premium due, of the delinquency of the amounts set forth, and of the compliance by the manager with all the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS in relation to the computation and determination of the amounts.

    Sec. 18.  NRS 616B.248 is hereby amended to read as follows:

    616B.248  1.  Whenever the manager finds that the collection of any premium computed pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS will be jeopardized by delay, he may immediately assess the premium and all penalties and interest which may have accrued, whether or not the final date otherwise prescribed for making the premium has arrived.


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ê1999 Statutes of Nevada, Page 214 (Chapter 91, SB 92)ê

 

the premium has arrived. Upon assessment, the premium is immediately due, the premium and all penalties and interest which may have accrued are immediately payable [,] and notice of demand for payment must be made upon the employer. If the employer fails or refuses to pay the assessed premium, penalties and interest, collection of the payment may be enforced according to the provisions of law applicable to the collection of unpaid premiums.

    2.  When a jeopardy assessment has been made as provided in subsection 1, the employer may stay its collection until such time as the premiums for the period in question would normally become due [,] by filing a bond with the manager which is executed by the employer as principal [,] and by an insurer authorized pursuant to chapter 680A of NRS as surety [,] payable to the system and conditioned on the payment of the premium 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 manager 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 manager.

    Sec. 19.  NRS 616B.254 is hereby amended to read as follows:

    616B.254  1.  As used in this section, “person” includes this state [,] and any county, municipality, district or other political subdivision thereof.

    2.  If any employer is delinquent in the payment of the amount of any premium, penalty or interest required by chapters 616A to 616D, inclusive, or chapter 617 of NRS or a determination has been made against him which remains unpaid, the manager may, not later than 3 years after the payment became delinquent or within 6 years after the recording of a judgment pursuant to NRS 616B.266, give notice of the amount of the delinquency personally or by registered or certified mail to any person having in his possession or under his control any money, credits or other personal property belonging to the delinquent employer [,] or owing any debts to the delinquent employer at the time of the receipt of the registered or certified notice. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before it presents the claim of the delinquent employer to the state controller.

    3.  A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the manager’s notice.

    4.  After receiving the notice, a person so notified may not transfer or otherwise dispose of the money, credits, other personal property [,] or debts in his possession or under his control at the time he received the notice until the manager consents to a transfer or other disposition in writing, or until 30 days after the receipt of the notice, whichever period expires earlier.

    5.  A person so notified shall, within 5 days after receipt of the notice, inform the manager of all money, credits, other personal property [,] or debts belonging to the delinquent employer in his possession, under his control or owing by him.


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ê1999 Statutes of Nevada, Page 215 (Chapter 91, SB 92)ê

 

    6.  If the notice seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of a bank, the notice must be delivered or mailed to the branch or office of the bank at which the deposit is carried or at which the credits or personal property is held.

    7.  If, during the effective period of the notice to withhold, any person so notified makes any transfer or other disposition of the property or debts required to be withheld, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.

    8.  Upon the demand of the manager, the person shall remit or deliver to the manager the money, credit or other personal property up to the amount owed by the delinquent employer.

    Sec. 20.  NRS 616B.257 is hereby amended to read as follows:

    616B.257  If any amount required to be paid to the system pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS is not paid when due, the manager may, within 3 years after the amount is due, file in the office of the clerk of any court of competent jurisdiction a certificate specifying the amount required to be paid, interest and penalties due, the name and address of the employer liable for the payment, as it appears on the records of the system, the manager’s compliance with the applicable provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS in relation to the determination of the amount required to be paid [,] and a request that judgment be entered against the employer in the amount required to be paid, including interest and penalties, as set forth in the certificate.

    Sec. 21.  NRS 616B.269 is hereby amended to read as follows:

    616B.269  Except as otherwise provided in NRS 616D.210:

    1.  If any business which is liable for any amount required to be paid pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS sells out its business, or any portion of its business, or stock of goods, or quits the business, its successors or assigns shall withhold a sufficient portion of the purchase price to cover that amount until the former owner produces a receipt from the manager showing that it has been paid or a certificate stating that no amount is due.

    2.  If the purchaser of a business, or any portion of a business, or stock of goods fails to withhold from the purchase price the amount required by subsection 1, he becomes personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money. Within 60 days after receiving a written request from the purchaser for a certificate, or within 60 days after the date the former owner’s records are made available for audit, whichever period expires later, but not later than 90 days after receiving the request, the manager shall issue the certificate or mail a notice to the purchaser at his address as it appears on the records of the manager, of the amount that must be paid as a condition of issuing the certificate.


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ê1999 Statutes of Nevada, Page 216 (Chapter 91, SB 92)ê

 

the manager, of the amount that must be paid as a condition of issuing the certificate.

    3.  Failure of the manager to mail the notice releases the purchaser from any further obligation to withhold any portion of the purchase price.

    4.  The time within which the obligation of a successor may be enforced begins at the time the person or business sells out its business or stock of goods or at the time that the determination against the person or business becomes final, whichever occurs later.

    Sec. 22.  NRS 616B.318 is hereby amended to read as follows:

    616B.318  1.  The commissioner shall impose an administrative fine, not to exceed $1,000 for each violation, and:

    (a) Shall withdraw the certification of a self-insured employer if:

         (1) The deposit required pursuant to NRS 616B.300 is not sufficient and the employer fails to increase the deposit after he has been ordered to do so by the commissioner;

         (2) The self-insured employer fails to provide evidence of excess insurance pursuant to NRS 616B.300 within 45 days after he has been so ordered; or

         (3) The employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder.

    (b) May withdraw the certification of a self-insured employer if:

         (1) The employer intentionally fails to comply with regulations of the commissioner regarding reports or other requirements necessary to carry out the purposes of chapters 616A to 616D, inclusive, and chapter 617 of NRS;

         (2) The employer violates the provisions of subsection 2 of NRS 616B.500 or any regulation adopted by the commissioner or the administrator concerning the administration of the employer’s plan of self-insurance; or

         (3) The employer makes a general or special assignment for the benefit of creditors or fails to pay compensation after an order for payment of any claim becomes final.

    2.  Any employer whose certification as a self-insured employer is withdrawn must, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616B.650.

    3.  The commissioner may, upon the written request of an employer whose certification as a self-insured employer is withdrawn pursuant to subparagraph (3) of paragraph (a) of subsection 1, reinstate the employer’s certificate for a reasonable period to allow the employer sufficient time to provide industrial insurance for his employees.

    Sec. 23.  NRS 616B.324 is hereby amended to read as follows:

    616B.324  A person who is employed by or contracts with a self-insured employer to administer the plan of self-insurance is an agent of the self-insured employer , and if he violates any provision of this chapter or chapter 616A, 616C , [or] 616D or 617 of NRS, the self-insured employer is liable for any penalty assessed because of that violation.

    Sec. 24.  NRS 616B.362 is hereby amended to read as follows:

    616B.362  1.  An association certified as an association of self-insured public or private employers directly assumes the responsibility for providing compensation due the employees of the members of the association and their beneficiaries under chapters 616A to 617, inclusive, of NRS.


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ê1999 Statutes of Nevada, Page 217 (Chapter 91, SB 92)ê

 

compensation due the employees of the members of the association and their beneficiaries under chapters 616A to 617, inclusive, of NRS.

    2.  An association is not required to pay the premiums required of other employers pursuant to chapters 616A to 617, inclusive, 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 a member of an association must be handled in the manner provided by chapters 616A to 616D, inclusive, of NRS, and the association is subject to the regulations of the division with respect thereto.

    4.  The security deposited pursuant to NRS 616B.353 does not relieve an association from responsibility for the administration of claims and payment of compensation under chapters 616A to [616D,] 617, inclusive, of NRS.

    Sec. 25.  NRS 616B.428 is hereby amended to read as follows:

    616B.428  1.  The commissioner may impose an administrative fine for each violation of any provision of NRS 616B.350 to 616B.446, inclusive, or any regulation adopted pursuant thereto. Except as otherwise provided in those sections, the amount of the fine may not exceed $1,000 for each violation or an aggregate amount of $10,000.

    2.  The commissioner may withdraw the certificate of an association of self-insured public or private employers if:

    (a) The association’s certificate was obtained by fraud;

    (b) The application for certification contained a material misrepresentation;

    (c) The association is found to be insolvent;

    (d) The association fails to have five or more members;

    (e) The association fails to pay the costs of any examination or any penalty, fee or assessment required by the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;

    (f) The association fails to comply with any of the provisions of this chapter or chapter 616A, 616C , [or] 616D or chapter 617 of NRS, or any regulation adopted pursuant thereto;

    (g) The association fails to comply with any order of the commissioner within the time prescribed by the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or in the order of the commissioner; or

    (h) The association or its third-party administrator misappropriates, converts, illegally withholds or refuses to pay any money to which a person is entitled and that was entrusted to the association in its fiduciary capacity.

    3.  If the commissioner withdraws the certification of an association of self-insured public or private employers, each employer who is a member of the association remains liable for his obligations incurred before and after the order of withdrawal.

    4.  Any employer who is a member of an association whose certification is withdrawn shall, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616B.650.

    Sec. 26.  NRS 616B.503 is hereby amended to read as follows:

    616B.503  1.  A person shall not act as a third-party administrator for an insurer without a certificate issued by the commissioner pursuant to NRS 683A.085.


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ê1999 Statutes of Nevada, Page 218 (Chapter 91, SB 92)ê

 

    2.  A person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS shall:

    (a) Administer from one or more offices located in this state all of the claims arising under each plan of insurance that he administers and maintain in those offices all of the records concerning those claims;

    (b) Administer each plan of insurance directly, without subcontracting with another third-party administrator; and

    (c) Upon the termination of his contract with an insurer, transfer forthwith to a certified third-party administrator chosen by the insurer all of the records in his possession concerning claims arising under the plan of insurance.

    3.  The commissioner may, under exceptional circumstances, waive the requirements of subsection 2.

    Sec. 27.  NRS 616B.506 is hereby amended to read as follows:

    616B.506  The commissioner shall impose an administrative fine, not to exceed $1,000 for each violation, and may withdraw the certification of any third-party administrator who:

    1.  Fails to comply with regulations of the commissioner regarding reports or other requirements necessary to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS; or

    2.  Violates any provision of NRS 616B.503 or any regulation adopted by the commissioner or the administrator concerning the administration of the plan of insurance.

    Sec. 28.  NRS 616B.600 is hereby amended to read as follows:

    616B.600  1.  Except as limited in subsection 3, any employee who has been hired outside of this state and his employer are exempted from the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS while the employee is temporarily within this state doing work for his employer if his employer has furnished industrial insurance pursuant to the [industrial insurance act] Nevada Industrial Insurance Act or similar laws of a state other than Nevada so as to cover the employee’s employment while in this state [,] if:

    (a) The extraterritorial provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS are recognized in the other state; and

    (b) Employers and employees who are covered in this state are likewise exempted from the application of the [industrial insurance act] Nevada Industrial Insurance Act or similar laws of the other state.

The benefits provided in the [industrial insurance act] Nevada Industrial Insurance Act or similar laws of the other state are the exclusive remedy against the employer for any injury, whether resulting in death or not, received by the employee while working for the employer in this state.

    2.  A certificate from the administrator or similar officer of another state certifying that the employer of the other state is insured therein and has provided extraterritorial coverage insuring his employees while working within this state is prima facie evidence that the employer carried the industrial insurance.

    3.  The exemption provided for in this section does not apply to the employees of a contractor, as defined in NRS 624.020, operating within the scope of his license.


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ê1999 Statutes of Nevada, Page 219 (Chapter 91, SB 92)ê

 

    4.  An employer is not required to maintain coverage for industrial insurance in this state for an employee who has been hired or is regularly employed in this state, but who is performing work exclusively in another state, if the other state requires the employer to provide coverage for the employee in the other state. If the employee receives personal injury by accident arising out of and in the course of his employment, any claim for compensation must be filed in the state in which the accident occurred, and such compensation is the exclusive remedy of the employee or his dependents. This subsection does not prevent an employer from maintaining coverage for the employee pursuant to the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS.

    Sec. 29.  NRS 616B.662 is hereby amended to read as follows:

    616B.662  An employer having come under chapters 616A to 616D, inclusive, or chapter 617 of NRS who thereafter elects to reject the terms, conditions and provisions of those chapters is not relieved from the payment of premiums to the insurer before the time his notice of rejection becomes effective if any are due. The premiums may be recovered in an action at law.

    Sec. 30.  NRS 616C.070 is hereby amended to read as follows:

    616C.070  1.  A person is conclusively presumed to be totally dependent upon an injured or deceased employee if the person is a natural, posthumous or adopted child, whether legitimate or illegitimate, under the age of 18 years, or over that age if physically or mentally incapacitated from wage earning, and there is no surviving parent. Stepparents may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as a natural child or children if the existence and fact of dependency are shown.

    2.  Except as otherwise provided in subsection 13 of NRS 616C.505, questions as to who constitute dependents and the extent of their dependency must be determined as of the date of the accident or injury to the employee, and their right to any benefit becomes fixed at that time, irrespective of any subsequent change in conditions, and the benefits are directly recoverable by and payable to the dependent or dependents entitled thereto [,] or to their legal guardians or trustees.

    3.  The presumptions of this section do not apply in favor of aliens who are nonresidents of the United States at the time of the accident, injury to, or death of the employee.

    Sec. 31.  NRS 616C.090 is hereby amended to read as follows:

    616C.090  1.  The administrator shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS. Every employer whose insurer has not entered into a contract with an organization for managed care pursuant to NRS 616B.515 shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his employees.

    2.  An injured employee whose insurer has not entered into a contract with an organization for managed care may choose his treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury.


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ê1999 Statutes of Nevada, Page 220 (Chapter 91, SB 92)ê

 

chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services he rendered to the injured employee up to and including the date of notification. Any further change is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee.

    3.  An injured employee employed or residing in any county in this state whose insurer has entered into a contract with an organization for managed care must choose his treating physician or chiropractor pursuant to the terms of that contract. If the employee, after choosing his treating physician or chiropractor, moves to a county which is not served by the organization for managed care , and the insurer determines that it is impractical for the employee to continue treatment with the physician or chiropractor, the employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the employee to choose another physician or chiropractor.

    4.  Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the employee in disregard of the provisions of this section or for any compensation for any aggravation of the employee’s injury attributable to improper treatments by such physician, chiropractor or other person.

    5.  The administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown.

    6.  An injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment.

    Sec. 32.  NRS 616C.095 is hereby amended to read as follows:

    616C.095  The physician or chiropractor shall inform the injured employee of his rights under chapters 616A to 616D, inclusive, or chapter 617 of NRS and lend all necessary assistance in making application for compensation and such proof of other matters as required by the rules of the division, without charge to the employee.

    Sec. 33.  NRS 616C.120 is hereby amended to read as follows:

    616C.120  [No] Any provision of this chapter or chapter 616A, 616B , [or] 616D or 617 of NRS [shall] must not prevent an employee from providing for treatment for his injuries or disease through prayer or other spiritual means in accordance with the tenets and practices of a recognized church, which treatment is recognized in this state in lieu of medical treatment.


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ê1999 Statutes of Nevada, Page 221 (Chapter 91, SB 92)ê

 

    Sec. 34.  NRS 616C.205 is hereby amended to read as follows:

    616C.205  Except as otherwise provided in this section and NRS 31A.150 and 31A.330, compensation payable under chapters 616A to 616D, inclusive, or chapter 617 of NRS, whether determined or due, or not, is not, before the issuance and delivery of the check, assignable, is exempt from attachment, garnishment and execution, and does not pass to any other person by operation of law. In the case of the death of an injured employee covered by chapters 616A to 616D, inclusive, or chapter 617 of NRS from causes independent from the injury for which compensation is payable, any compensation due the employee which was awarded or accrued but for which a check was not issued or delivered at the date of death of the employee is payable to his dependents as defined in NRS 616C.505.

    Sec. 35.  NRS 616C.210 is hereby amended to read as follows:

    616C.210  1.  The insurer shall notify a dependent of a deceased employee who is residing outside of the United States by certified mail at his last known address if compensation is due the decedent or beneficiary pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. The dependent may request that payment be made directly to him within 90 calendar days after the notice was mailed. The insurer shall pay compensation which is due a beneficiary directly to the beneficiary if the beneficiary requests payment within 90 calendar days after the notice was mailed.

    2.  If the insurer does not receive a request that payment be made directly to a beneficiary within 90 days after the notice required by subsection 1 is mailed, payments to the consul general, vice consul general, consul or vice consul of the nation of which any dependent of a deceased employee is a resident or subject, or a representative of such consul general, vice consul general, consul or vice consul, of any compensation due under chapters 616A to 616D, inclusive, or chapter 617 of NRS to any dependent residing outside of the United States, any power of attorney to receive or receipt for the same to the contrary notwithstanding, are as full a discharge of the benefits or compensation payable under those chapters as if payments were made directly to the beneficiary.

    Sec. 36.  NRS 616C.215 is hereby amended to read as follows:

    616C.215  1.  If an injured employee or, in the event of his death, his dependents, bring an action in tort against his employer to recover payment for an injury which is compensable under chapters 616A to 616D, inclusive, or chapter 617 of NRS and, notwithstanding the provisions of NRS 616A.020, receive payment from the employer for that injury:

    (a) The amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount paid by the employer.

    (b) The insurer, or in the case of claims involving the uninsured employer’s claim fund or a subsequent injury fund the administrator, has a lien upon the total amount paid by the employer if the injured employee or his dependents receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.


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ê1999 Statutes of Nevada, Page 222 (Chapter 91, SB 92)ê

 

This subsection is applicable whether the money paid to the employee or his dependents by the employer is classified as a gift, a settlement or otherwise. The provisions of this subsection do not grant to an injured employee any right of action in tort to recover damages from his employer for his injury.

    2.  When an employee receives an injury for which compensation is payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and which was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:

    (a) The injured employee, or in case of death his dependents, may take proceedings against that person to recover damages, but the amount of the compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

    (b) If the injured employee, or in case of death his dependents, receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the insurer, or in case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor.

    3.  When an injured employee incurs an injury for which compensation is payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and which was caused under circumstances entitling him, or in the case of death his dependents, to receive proceeds under his employer’s policy of uninsured or underinsured vehicle coverage:

    (a) The injured employee, or in the case of death his dependents, may take proceedings to recover those proceeds, but the amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount of proceeds received.

    (b) If an injured employee, or in the case of death his dependents, receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, is subrogated to the rights of the injured employee or his dependents to recover proceeds under the employer’s policy of uninsured or underinsured vehicle coverage. The insurer and the administrator are not subrogated to the rights of an injured employee or his dependents under a policy of uninsured or underinsured vehicle coverage purchased by the employee.

    4.  In any action or proceedings taken by the insurer or the administrator pursuant to this section, evidence of the amount of compensation, accident benefits and other expenditures which the insurer, the uninsured employers’ claim fund or a subsequent injury fund have paid or become obligated to pay by reason of the injury or death of the employee is admissible.


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ê1999 Statutes of Nevada, Page 223 (Chapter 91, SB 92)ê

 

by reason of the injury or death of the employee is admissible. If in such action or proceedings the insurer or the administrator recovers more than those amounts, the excess must be paid to the injured employee or his dependents.

    5.  In any case where the insurer or the administrator is subrogated to the rights of the injured employee or of his dependents as provided in subsection 2 or 3, the insurer or the administrator has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

    6.  The lien provided for under subsection 1 or 5 includes the total compensation expenditure incurred by the insurer, the uninsured employers’ claim fund or a subsequent injury fund for the injured employee and his dependents.

    7.  An injured employee, or in the case of death his dependents, shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, in writing before initiating a proceeding or action pursuant to this section.

    8.  Within 15 days after the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise:

    (a) The injured employee or his dependents, or the attorney or representative of the injured employee or his dependents; and

    (b) The third-party insurer,

shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, of the recovery and pay to the insurer or the administrator, respectively, the amount due under this section together with an itemized statement showing the distribution of the total recovery. The attorney or representative of the injured employee or his dependents and the third-party insurer are jointly and severally liable for any amount to which an insurer is entitled pursuant to this section if the attorney, representative or third-party insurer has knowledge of the lien provided for in this section.

    9.  An insurer shall not sell its lien to a third-party insurer unless the injured employee or his dependents, or the attorney or representative of the injured employee or his dependents, refuses to provide to the insurer information concerning the action against the third party.

    10.  In any trial of an action by the injured employee, or in the case of his death by his dependents, against a person other than the employer or a person in the same employ, the jury must receive proof of the amount of all payments made or to be made by the insurer or the administrator. The court shall instruct the jury substantially as follows:

 

    Payment of workmen’s compensation benefits by the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault.


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ê1999 Statutes of Nevada, Page 224 (Chapter 91, SB 92)ê

 

blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer, the insurer or the administrator any amount paid to him or paid on his behalf by his employer, the insurer or the administrator.

    If you decide that the plaintiff is entitled to judgment against the defendant, you shall find his damages in accordance with the court’s instructions on damages and return your verdict in the plaintiff’s favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award.

 

    11.  [For the purposes of calculating] To calculate an employer’s premium, the employer’s account with the system must be credited with an amount equal to that recovered by the system from a third party pursuant to this section, less the system’s share of the expenses of litigation incurred in obtaining the recovery, except that the total credit must not exceed the amount of compensation actually paid or reserved by the system on the injured employee’s claim.

    12.  As used in this section, “third-party insurer” means an insurer that issued to a third party who is liable for damages pursuant to subsection 2, a policy of liability insurance the proceeds of which are recoverable pursuant to this section. The term includes an insurer that issued to an employer a policy of uninsured or underinsured vehicle coverage.

    Sec. 37.  NRS 616C.230 is hereby amended to read as follows:

    616C.230  1.  Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:

    (a) Caused by the employee’s willful intention to injure himself.

    (b) Caused by the employee’s willful intention to injure another.

    (c) Proximately caused by the employee’s intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

    (d) Proximately caused by the employee’s use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

    2.  For the purposes of paragraphs (c) and (d) of subsection 1:

    (a) The affidavit or declaration of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employee’s system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.

    (b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance:

         (1) If the laboratory that conducts the testing is located in a county whose population is 100,000 or more and the testing is of urine, the laboratory must be certified for forensic testing of urine for drugs by the College of American Pathologists or a successor organization or by the federal Department of Health and Human Services; and


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ê1999 Statutes of Nevada, Page 225 (Chapter 91, SB 92)ê

 

         (2) Any such testing of breath for alcohol must be performed pursuant to the regulations of the federal Department of Transportation.

    3.  No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.

    4.  If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.

    5.  An injured employee’s compensation, other than accident benefits, must be suspended if:

    (a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and

    (b) It is within the ability of the employee to correct the nonindustrial condition or injury.

The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.

    Sec. 38.  NRS 616C.280 is hereby amended to read as follows:

    616C.280  The administrator may withdraw his approval of an employer’s providing accident benefits for his employees and require the employer to pay the premium collected pursuant to NRS 616C.255 if the employer intentionally:

    1.  Determines incorrectly that a claimed injury did not arise out of and in the course of the employee’s employment;

    2.  Fails to advise an injured employee of his rights under chapters 616A to 616D, inclusive, or chapter 617 of NRS;

    3.  Impedes the determination of disability or benefits by delaying a needed change of an injured employee’s physician or chiropractor;

    4.  Causes an injured employee to file a legal action to recover any compensation or other medical benefits due him from the employer;

    5.  Violates any of his or the division’s regulations regarding the provision of accident benefits by employers; or

    6.  Discriminates against an employee who claims benefits under chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    Sec. 39.  NRS 616C.325 is hereby amended to read as follows:

    616C.325  1.  It is unlawful for any person to represent an employee before a hearings officer, or in any negotiations, settlements, hearings or other meetings with an insurer concerning the employee’s claim or possible claim, unless he is:

    (a) Employed full time by the employee’s labor organization;

    (b) Admitted to practice law in this state;

    (c) Employed full time by and under the supervision of an attorney admitted to practice law in this state; or

    (d) Appearing without compensation on behalf of the employee.


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ê1999 Statutes of Nevada, Page 226 (Chapter 91, SB 92)ê

 

It is unlawful for any person who is not admitted to practice law in this state to represent the employee before an appeals officer.

    2.  It is unlawful for any person to represent an employer at hearings of contested cases unless that person is:

    (a) Employed full time by the employer or a trade association to which the employer belongs that is not formed solely [for the purpose of providing] to provide representation at hearings of contested cases;

    (b) An employer’s representative licensed pursuant to subsection 3 who is not licensed as a third-party administrator;

    (c) Admitted to practice law in this state; or

    (d) A licensed third-party administrator.

    3.  The director of the department of administration shall adopt regulations which include the:

    (a) Requirements for licensure of employers’ representatives, including:

         (1) The registration of each representative; and

         (2) The filing of a copy of each written agreement for the compensation of a representative;

    (b) Procedure for such licensure; and

    (c) Causes for revocation of such a license, including any applicable action listed in NRS 616D.120 or a violation of this section.

    4.  Any person who is employed by or contracts with an employer to represent the employer at hearings regarding contested claims is an agent of the employer. If the employer’s representative violates any provision of this chapter or chapter 616A, 616B , [or] 616D or 617 of NRS, the employer is liable for any penalty assessed because of that violation.

    5.  An employer shall not make the compensation of any person representing him contingent in any manner upon the outcome of any contested claim.

    6.  The director of the department of administration shall collect in advance and deposit with the state treasurer for credit to the state general fund the following fees for licensure as an employer’s representative:

    (a) Application and license.............................................................................. $78

    (b) Triennial renewal of each license............................................................... 78

    Sec. 40.  NRS 616C.350 is hereby amended to read as follows:

    616C.350  1.  Any physician or chiropractor who attends an employee within the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS in a professional capacity, may be required to testify before an appeals officer. A physician or chiropractor who testifies is entitled to receive the same fees as witnesses in civil cases and, if the appeals officer so orders at his own discretion, a fee equal to that authorized for a consultation by the appropriate schedule of fees for physicians or chiropractors. These fees must be paid by the insurer.

    2.  Information gained by the attending physician or chiropractor while in attendance on the injured employee is not a privileged communication if:

    (a) Required by an appeals officer for a proper understanding of the case and a determination of the rights involved; or

    (b) The information is related to any fraud that has been or is alleged to have been committed in violation of the provisions of this chapter or chapter 616A, 616B , [or] 616D or 617 of NRS.


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ê1999 Statutes of Nevada, Page 227 (Chapter 91, SB 92)ê

 

    Sec. 41.  NRS 616D.050 is hereby amended to read as follows:

    616D.050  1.  Appeals officers, the administrator, the manager and the manager’s designee, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters may:

    (a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.

    (b) Administer oaths.

    (c) Certify to official acts.

    (d) Call and examine under oath any witness or party to a claim.

    (e) Maintain order.

    (f) Rule upon all questions arising during the course of a hearing or proceeding.

    (g) Permit discovery by deposition or interrogatories.

    (h) Initiate and hold conferences for the settlement or simplification of issues.

    (i) Dispose of procedural requests or similar matters.

    (j) Generally regulate and guide the course of a pending hearing or proceeding.

    2.  Hearing officers, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may:

    (a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents that are relevant to the dispute for which the hearing or other proceeding is being held.

    (b) Maintain order.

    (c) Permit discovery by deposition or interrogatories.

    (d) Initiate and hold conferences for the settlement or simplification of issues.

    (e) Dispose of procedural requests or similar matters.

    (f) Generally regulate and guide the course of a pending hearing or proceeding.

    Sec. 42.  NRS 616D.065 is hereby amended to read as follows:

    616D.065  1.  An appeals officer, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may order the attorney or representative of a party to pay any costs that are incurred by the hearings division of the department of administration for a court reporter or an interpreter.

    2.  Before ordering the payment of such costs, the appeals officer must find that the costs were incurred because the attorney or representative of a party caused a continuance or delay in a scheduled hearing by his failure, without good cause, to comply with an order of the appeals officer or a regulation adopted pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    Sec. 43.  NRS 616D.080 is hereby amended to read as follows:

    616D.080  1.  Each officer who serves a subpoena is entitled to receive the same fees as a sheriff.


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ê1999 Statutes of Nevada, Page 228 (Chapter 91, SB 92)ê

 

    2.  Each witness who appears, in obedience to a subpoena which has been issued pursuant to this chapter or chapter 616A, 616B , [or] 616C or 617 of NRS, before an appeals officer, a hearing officer, the administrator, the manager or the manager’s designee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.

    3.  The appeals officer, hearing officer, administrator, manager or manager’s designee shall:

    (a) Authorize payment from his administrative budget of the fees and mileage due to such a witness; or

    (b) Impose those costs upon the party at whose instance the witness was subpoenaed or, for good cause shown, upon any other party.

    Sec. 44.  NRS 616D.110 is hereby amended to read as follows:

    616D.110  1.  In addition to any other remedy provided for by law, if any employer within the provisions of NRS 616B.633 fails to provide and secure compensation, or fails to maintain such compensation, under the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the administrator may, in order to protect the employees of the employer from the effect of not having industrial insurance coverage and upon compliance with the requirements of subsection 2, order the immediate cessation of all business operations at the place of employment or jobsite until such time as the employer performs all acts and duties enjoined upon him by chapters 616A to 616D, inclusive, or chapter 617 of NRS as determined necessary by the administrator in order to provide, secure and maintain compensation under those chapters.

    2.  The order must:

    (a) Include a reference to the particular sections of the statutes or regulations alleged to have been violated, and a short, plain statement of the facts alleged to constitute the violation.

    (b) Provide an opportunity for hearing to the employer on a date fixed in the order which must not be less than 5 nor more than 15 days after the date of the order, unless upon demand of the employer the date is advanced to the next business day after the demand is made to the administrator.

An order for summary suspension issued pursuant to this subsection must be endorsed with the date and hour of issuance and entered of record in the office of the administrator.

    3.  Immediately upon receiving an order to cease business operations under subsection 1, an employer shall order all employees or other persons to leave the place of employment or jobsite and shall cease all business operations thereat.

    4.  Upon request by the administrator, any law enforcement agency in this state shall render any assistance necessary to carry out the requirement of subsection 3, including but not limited to preventing any employee or other person from remaining at the place of employment or jobsite.

    Sec. 45.  NRS 616D.200 is hereby amended to read as follows:

    616D.200  1.  If the administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:


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ê1999 Statutes of Nevada, Page 229 (Chapter 91, SB 92)ê

 

has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:

    (a) The premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years;

    (b) The actual costs incurred by the system in reinstating the policy, but not to exceed 10 percent of the premiums owed by the employer; and

    (c) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.

    2.  The administrator shall deliver a copy of his determination to the employer. An employer who is aggrieved by the determination of the administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

    3.  Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, is:

    (a) For the first offense, guilty of a misdemeanor.

    (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category C felony and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

    Sec. 46.  NRS 616D.240 is hereby amended to read as follows:

    616D.240  1.  Any employer who makes any charge against any employee or who deducts from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his acceptance or rejection of chapters 616A to 616D, inclusive, or chapter 617 of NRS is guilty of a gross misdemeanor.

    2.  An employer who is required to provide compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and who requires an employee to provide or secure such compensation on his own behalf is guilty of a gross misdemeanor.

    3.  Any employer violating any provision of this section must be prosecuted by the attorney general upon complaint of any employee who, as determined by the attorney general, submits proper evidence of a violation.

    Sec. 47.  NRS 616D.300 is hereby amended to read as follows:

    616D.300  Unless a different penalty is provided pursuant to NRS 616D.370 to 616D.410, inclusive, a person who knowingly makes a false statement or representation, including, but not limited to, a false statement or representation relating to his identity or the identity of another person, or who knowingly conceals a material fact to obtain or attempt to obtain any benefit, including a controlled substance, or payment under the provisions of this chapter or chapter 616A, 616B , [or] 616C or 617 of NRS, either for himself or for any other person, shall be punished as follows:

    1.  If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor.


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    2.  If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, for a category D felony as provided in NRS 193.130.

In addition to any other penalty, the court shall order the person to pay restitution.

    Sec. 48.  NRS 616D.310 is hereby amended to read as follows:

    616D.310  A person who knowingly makes a false statement or representation concerning the employment of a person who is receiving benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    Sec. 49.  NRS 616D.320 is hereby amended to read as follows:

    616D.320  1.  An employer shall not knowingly offer employment or continue to employ a person who is receiving payments for a temporary total disability in violation of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or NRS 281.390.

    2.  An employer who is convicted of violating the provisions of subsection 1 is guilty of a gross misdemeanor.

    Sec. 50.  NRS 616D.550 is hereby amended to read as follows:

    616D.550  1.  An insurer, organization for managed care, health care provider, employer, third-party administrator or public officer who believes, or has reason to believe, that:

    (a) A fraudulent claim for benefits under a policy of insurance has been made, or is about to be made;

    (b) An employer within the provisions of NRS 616B.633 has:

         (1) Knowingly made a false statement or representation concerning the amount of payroll upon which a premium is based; or

         (2) Failed to provide and secure compensation under the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or has failed to maintain that compensation;

    (c) A provider of health care has submitted an invoice for payment for accident benefits that contains information which the provider knows is false; or

    (d) A person has committed any other fraudulent practice under this chapter or chapter 616A, 616B, 616C or 617 of NRS,

shall report that belief to the fraud control unit for industrial insurance established pursuant to NRS 228.420.

    2.  The fraud control unit for industrial insurance established pursuant to NRS 228.420 may require a person who submits a report pursuant to subsection 1 to submit that report on a form prescribed by the unit.

    Sec. 51.  NRS 108.590 is hereby amended to read as follows:

    108.590  1.  Whenever any person receives hospitalization on account of any injury, and he, or his personal representative after his death, claims damages from the person responsible for causing the injury, the hospital has a lien upon any sum awarded the injured person or his personal representative by judgment or obtained by a settlement or compromise to the extent of the amount due the hospital for the reasonable value of the hospitalization rendered before the date of judgment, settlement or compromise.

    2.  The lien provided by this section is:


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    (a) Not valid against anyone coming under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    (b) In addition to the lien provided by NRS 108.662.

    Sec. 52.  NRS 239A.070 is hereby amended to read as follows:

    239A.070  This chapter does not apply to any subpoena issued pursuant to Title 14 or chapters 616A to 616D, inclusive, and chapter 617 of NRS or prohibit:

    1.  Dissemination of any financial information which is not identified with or identifiable as being derived from the financial records of a particular customer.

    2.  The attorney general, district attorney, department of taxation, public administrator, sheriff or a police department from requesting of a financial institution, and the institution from responding to the request, as to whether a person has an account or accounts with that financial institution and, if so, any identifying numbers of the account or accounts.

    3.  A financial institution, in its discretion, from initiating contact with and thereafter communicating with and disclosing the financial records of a customer to appropriate governmental agencies concerning a suspected violation of any law.

    4.  Disclosure of the financial records of a customer incidental to a transaction in the normal course of business of the financial institution if the director, officer, employee or agent of the financial institution who makes or authorizes the disclosure has no reasonable cause to believe that such records will be used by a governmental agency in connection with an investigation of the customer.

    5.  A financial institution from notifying a customer of the receipt of a subpoena or a search warrant to obtain his financial records, except when ordered by a court to withhold such notification.

    6.  The examination by or disclosure to any governmental regulatory agency of financial records which relate solely to the exercise of its regulatory function if the agency is specifically authorized by law to examine, audit or require reports of financial records of financial institutions.

    7.  The disclosure to any governmental agency of any financial information or records whose disclosure to that particular agency is required by the tax laws of this state.

    8.  The disclosure of any information pursuant to NRS 425.393, 425.400 or 425.460.

    9.  A governmental agency from obtaining a credit report or consumer credit report from anyone other than a financial institution.

    Sec. 53.  NRS 244.33505 is hereby amended to read as follows:

    244.33505  1.  In a county in which a license to engage in a business is required, the board of county commissioners shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

    (a) Has received coverage by the state industrial insurance system or a private carrier as required pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS;

    (b) Maintains a valid certificate of self-insurance pursuant to chapters 616A to 616D, inclusive, of NRS;


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ê1999 Statutes of Nevada, Page 232 (Chapter 91, SB 92)ê

 

    (c) Is a member of an association of self-insured public or private employers; or

    (d) Is not subject to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    2.  In a county in which such a license is not required, the board of county commissioners shall require a business, when applying for a post office box, to submit to the board the affidavit required by subsection 1.

    3.  Each board of county commissioners shall submit to the administrator of the division of industrial relations of the department of business and industry monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

    4.  Upon receiving an affidavit required by this section, a board of county commissioners shall provide the owner of the business with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of industrial relations of the department of business and industry pursuant to NRS 618.376.

    Sec. 54.  NRS 245.211 is hereby amended to read as follows:

    245.211  1.  The board of county commissioners of any county may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of the county sheriff, any sheriff’s deputy or fireman who is disabled, to any degree, by an injury arising out of and in the course of his employment.

    2.  The board of county commissioners may adopt ordinances, rules, regulations, policies and procedures necessary to establish and administer the plan or program specified in subsection 1.

    3.  If a county elects to consider implementation of a plan or program specified in subsection 1, or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the county concerning the nature and extent of such plan, program or change. Chapter 288 of NRS [shall apply] applies to negotiations for this purpose.

    4.  The plan or program authorized by this section [shall] must be supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    5.  The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. In no event shall the benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public [moneys,] money, exceed the maximum amount of benefits an employee is entitled to receive if he has been a member of the department or agency for 10 years or more.

    Sec. 55.  NRS 268.0955 is hereby amended to read as follows:

    268.0955  1.  In an incorporated city in which a license to engage in a business is required, the city council or other governing body of the city shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:


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ê1999 Statutes of Nevada, Page 233 (Chapter 91, SB 92)ê

 

    (a) Has received coverage by the state industrial insurance system or a private carrier as required pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS;

    (b) Maintains a valid certificate of self-insurance pursuant to chapters 616A to 616D, inclusive, of NRS;

    (c) Is a member of an association of self-insured public or private employers; or

    (d) Is not subject to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    2.  In an incorporated city in which such a license is not required, the city council or other governing body of the city shall require a business, when applying for a post office box, to submit to the governing body the affidavit required by subsection 1.

    3.  Each city council or other governing body of an incorporated city shall submit to the administrator of the division of industrial relations of the department of business and industry monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

    4.  Upon receiving an affidavit required by this section, the city council or other governing body of an incorporated city shall provide the applicant with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace [,] in accordance with regulations adopted by the division of industrial relations of the department of business and industry pursuant to NRS 618.376.

    Sec. 56.  NRS 268.406 is hereby amended to read as follows:

    268.406  1.  The governing board of any incorporated city may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of any city police officer or fireman who is disabled, to any degree, by an injury arising out of and in the course of his employment.

    2.  The governing board may adopt ordinances, rules, regulations, policies and procedures necessary to establish and administer the plan or program specified in subsection 1.

    3.  If an incorporated city elects to consider implementation of a plan or program specified in subsection 1 [,] or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the city concerning the nature and extent of such plan, program or change. Chapter 288 of NRS [shall apply] applies to negotiations for this purpose.

    4.  The plan or program authorized by this section [shall] must be supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    5.  The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. In no event shall the benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public [moneys,] money, exceed the maximum amount of benefits an employee is entitled to receive if he has been a member of the department or agency for 10 years or more.


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ê1999 Statutes of Nevada, Page 234 (Chapter 91, SB 92)ê

 

receive if he has been a member of the department or agency for 10 years or more.

    Sec. 57.  NRS 280.305 is hereby amended to read as follows:

    280.305  1.  The committee may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of any police officer of the department who is disabled, to any degree, by an injury arising out of and in the course of his employment. The cost of the plan or program may be charged, in whole or in part, against the annual operating budget for the department.

    2.  The committee may adopt rules, policies and procedures necessary to establish and administer the plan or program specified in subsection 1.

    3.  If the committee elects to consider implementation of a plan or program specified in subsection 1 [,] or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with:

    (a) The committee or two or more persons designated by it; and

    (b) The sheriff or a person designated by him,

concerning the nature and extent of the plan, program or change. Chapter 288 of NRS applies to negotiations for this purpose.

    4.  The plan or program authorized by this section must be supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    5.  The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. In no event may the benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public money, exceed the maximum amount of benefits an employee is entitled to receive if he has been a member of the department or agency for 10 years or more.

    Sec. 58.  NRS 333.020 is hereby amended to read as follows:

    333.020  As used in this chapter, unless the context otherwise requires:

    1.  “Chief” means the chief of the purchasing division.

    2.  “Director” means the director of the department of administration.

    3.  “Proprietary information” means:

    (a) Any trade secret or confidential business information that is contained in a bid submitted on a particular contract; or

    (b) Any other trade secret or confidential business information submitted by a bidder and designated as proprietary by the chief.

As used in this subsection, “confidential business information” means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal. The term does not include the amount of a bid or proposal.

    4.  “Purchasing division” means the purchasing division of the department of administration.

    5.  “Purchasing officer” means a person who is authorized by the chief or a using agency to participate in:

    (a) The evaluation of bids or proposals for a contract;

    (b) Any negotiations concerning a contract; or


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ê1999 Statutes of Nevada, Page 235 (Chapter 91, SB 92)ê

 

    (c) The development, review or approval of a contract.

    6.  “Request for a proposal” means a statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

    7.  “Trade secret” has the meaning ascribed to it in NRS 600A.030.

    8.  “Using agencies” means all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources, except the Nevada rural housing authority, local governments as defined in NRS 354.474, conservation districts, irrigation districts, the state industrial insurance system and the University and Community College System of Nevada.

    9.  “Volunteer fire department” means a volunteer fire department which pays premiums for industrial insurance pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    Sec. 59.  NRS 396.251 is hereby amended to read as follows:

    396.251  1.  The board of regents may establish policies and procedures for personnel which govern student employees, physicians engaged in a program for residency training and postdoctoral fellows of the system and which are separate from the policies and procedures established for the unclassified personnel of the system. Any such policy or procedure does not diminish the eligibility of those persons for coverage as employees under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    2.  In establishing policies and procedures pursuant to subsection 1, the board of regents is not bound by any of the other provisions of this chapter or the provisions of Title 23 of NRS. Those provisions do not apply to a student employee, a physician engaged in a program for residency training or a postdoctoral fellow of the system unless otherwise provided by the board of regents.

    Sec. 60.  NRS 412.142 is hereby amended to read as follows:

    412.142  1.  Except as otherwise provided in subsection 2:

    (a) In all cases in which any member of the militia of the state is wounded, injured, disabled or killed while in the line of duty in the service of the state, the member or the dependents of the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. If that wound, injury or disability is aggravated or recurs while the member is in the line of duty in the service of the state, the member or his dependents are also entitled to receive such compensation.

    (b) In all cases, the disabled or deceased member shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to the member or to the dependents of the member must be determined upon the basis of his average income from all sources during the year immediately preceding the date of his injury or death or the commencement of his disability, but the compensation must not exceed the maximum prescribed in chapters 616A to 616D, inclusive, or chapter 617 of NRS.


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    2.  The provisions of this section do not apply to a member of the militia of the state or any dependents of the member who is receiving or is entitled to receive compensation or benefits for an injury, wound, illness, disability or death described in this section pursuant to any law or regulation of the Federal Government, if:

    (a) The federal compensation or benefits arise from military duties performed pursuant to Title 10 or Title 32 of the United States Code; and

    (b) The wound, injury, illness or disability is not an aggravation or recurrence of a wound, injury, illness or disability that arose from previous duties performed pursuant to Title 10 or Title 32 of the United States Code.

    Sec. 61.  NRS 414.110 is hereby amended to read as follows:

    414.110  1.  All functions under this chapter and all other activities relating to emergency management are hereby declared to be governmental functions. Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivision thereof, nor except in cases of willful misconduct, gross negligence, or bad faith, any worker complying with or reasonably attempting to comply with this chapter, or any order or regulation promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance relating to black out or other precautionary measures enacted by any political subdivision of the state, is liable for the death of or injury to persons, or for damage to property, as a result of any such activity. The provisions of this section do not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, or under any pension law, nor the right of any such person to receive any benefits or compensation [under any Act] pursuant to any act of Congress.

    2.  Any requirement for a license to practice any professional, mechanical or other skill does not apply to any authorized worker who, in the course of performing his duties as such, practices that professional, mechanical or other skill during an emergency.

    3.  As used in this section, the term “worker” includes any full-time or part-time paid, volunteer or auxiliary employee of this state, of any political subdivision thereof, of other states, territories, possessions or the District of Columbia, of the Federal Government, of any neighboring country, or of any political subdivision thereof, or of any agency or organization, performing services for emergency management at any place in this state subject to the order or control of, or pursuant to a request of, the state government or any political subdivision thereof.

    Sec. 62.  NRS 475.230 is hereby amended to read as follows:

    475.230  1.  Any fire department which engages in fighting a fire on property owned by the state within the jurisdictional limits of the fire department may submit a claim to the secretary of the state board of examiners to recover any direct expenses and losses incurred as a result of fighting that fire.

    2.  The claim must include:

    (a) The name, address and jurisdictional limits of the fire department;

    (b) The name, address and telephone number of the person making the claim on behalf of the fire department;


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ê1999 Statutes of Nevada, Page 237 (Chapter 91, SB 92)ê

 

    (c) The name and address, if known, of the state agency having jurisdiction over the property on which the fire occurred;

    (d) The exact location of the fire;

    (e) A description of the property burned;

    (f) The number and classification of the personnel and the number and type of equipment used to fight the fire;

    (g) A copy of the fire report; and

    (h) An itemized list of direct expenses and losses incurred while fighting the fire including the purchase cost, estimated cost of repairs and a statement of depreciated value immediately preceding and after the damage to or destruction of any equipment and the extent of any insurance coverage.

    3.  As used in this section, “direct expenses and losses” means certain expenses and losses which were incurred while fighting a fire on property owned by the state. The term is limited to:

    (a) The depreciated value, if any, of any equipment or vehicle which was damaged or destroyed; and

    (b) If the employer maintains a plan which supplements coverage for workers’ compensation provided pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS by the state industrial insurance system and , if the benefits are provided from public money and not by an insurer, any injury or death benefits which would have been paid by the employer from public money.

    Sec. 63.  NRS 624.256 is hereby amended to read as follows:

    624.256  1.  Before granting an original or renewal of a contractor’s license to any applicant, the board shall require that the applicant submit to the board:

    (a) Proof of industrial insurance and insurance for occupational diseases which covers his employees;

    (b) A copy of his certificate of qualification as a self-insured employer which was issued by the commissioner of insurance;

    (c) If the applicant is a member of an association of self-insured public or private employers, a copy of the certificate issued to the association by the commissioner of insurance; or

    (d) An affidavit signed by the applicant affirming that he is not subject to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS because:

         (1) He has no employees;

         (2) He is not or does not intend to be a subcontractor for a principal contractor; and

         (3) He has not or does not intend to submit a bid on a job for a principal contractor or subcontractor.

    2.  The board shall notify the fraud control unit for industrial insurance established pursuant to NRS 228.420 whenever the board learns that an applicant or holder of a contractor’s license has engaged in business as or acted in the capacity of a contractor within this state without having obtained industrial insurance or insurance for occupational diseases in violation of the provisions of chapters 616A to 617, inclusive, of NRS.


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    Sec. 64.  NRS 624.322 is hereby amended to read as follows:

    624.322  1.  If, through no fault or act of a prime contractor or anyone employed by him, the owner fails to pay that contractor:

    (a) Pursuant to their schedule for payments under the contract, or within a reasonable time after maturity and presentation of charges if no schedule is established;

    (b) Any sum certified by the architect, engineer or other supervisory agent of the owner; or

    (c) Such sum as is otherwise properly due,

or if the owner through his own act or neglect, excluding acts of God, floods, fires or strikes, causes the work to be stopped for a period of 5 working days or more, the contractor may, after 5 working days’ written notice to the owner, stop work or terminate the contract and recover from the owner payment for all work executed.

    2.  If, through no fault of a subcontractor or anyone employed by him, the contractor fails to pay that subcontractor:

    (a) Pursuant to the schedule for payments under the subcontract, or within a reasonable time after maturity and presentation of charges if no schedule is established;

    (b) Any sum certified by the architect, engineer or other supervisory agent of the owner or contractor; or

    (c) Such sum as is otherwise properly due,

or if the contractor through his own acts or neglect, excluding acts of God, floods, fires or strikes, causes the work to be stopped for a period of 5 working days or more, the subcontractor may, after 5 working days’ written notice to the owner and the contractor, stop work or terminate the subcontract and recover from the contractor payment for all work executed. The subcontractor may not be held liable for nonperformance of that subcontract and for the cost incurred by the contractor to complete the work.

    3.  The provisions of subsection 2 do not apply if the contractor’s failure to pay is caused by his need to withhold money pursuant to an official notice from a state agency that he is liable to make payments or contributions for the subcontractor pursuant to chapter 608 or 612 or chapters 616A to 616D, inclusive, or chapter 617 of NRS.

________

 


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ê1999 Statutes of Nevada, Page 239ê

 

CHAPTER 92, SB 101

Senate Bill No. 101–Committee on Commerce and Labor

 

CHAPTER 92

 

AN ACT relating to pharmacy; eliminating the requirement that the secretary and treasurer of the state board of pharmacy furnish a bond for the benefit of the board; revising the qualifications of a registered pharmacist; providing expiration dates for certificates, licenses and permits issued by the board; revising the provisions governing the computerized program developed by the board and the investigation division of the department of motor vehicles and public safety to track prescriptions for certain controlled substances; and providing other matters properly relating thereto.

 

[Approved May 5, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 639.0086 is hereby amended to read as follows:

    639.0086  “Intern pharmacist” means a person registered with and [certified] issued a certificate of registration by the board as an intern pharmacist pursuant to NRS 639.137.

    Sec. 2.  NRS 639.040 is hereby amended to read as follows:

    639.040  1.  The board shall elect a president and a treasurer from among its members.

    2.  The board shall employ a secretary, who must not be a member of the board. The secretary shall keep a complete record of all proceedings of the board and of all certificates issued, and shall perform such other duties as the board may [from time to time] require, for which services he is entitled to receive a salary to be determined by the board.

    [3.  The secretary and the treasurer shall each give a satisfactory bond running to the board in the sum of not less than $2,000, and such a greater sum as the board may from time to time require, for the faithful discharge of their respective duties. The premium or costs of those bonds must be paid out of money received by the board.]

    Sec. 3.  NRS 639.100 is hereby amended to read as follows:

    639.100  1.  Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, engage in wholesale distribution, compound, sell or dispense, or permit to be manufactured, distributed at wholesale, compounded, sold or dispensed, any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless he:

    (a) Is a prescribing practitioner, a person licensed to engage in wholesale distribution, a technologist in radiology or nuclear medicine under the supervision of the prescribing practitioner, a registered pharmacist, or a registered nurse certified in oncology under the supervision of the prescribing practitioner; and

    (b) Complies with the regulations adopted by the board.

    2.  Sales representatives, manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists. A person shall not act as a manufacturer or wholesaler unless he has obtained a license from the board.


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    3.  Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers a controlled substance which is intended, designed and labeled “For Veterinary Use Only” is subject to the provisions of this chapter, and shall not furnish, sell or offer to sell such a substance until he has obtained a license from the board.

    4.  Each application for such a license must be made on a form furnished by the board and an application must not be considered by the board until all the information required thereon has been completed. Upon approval of the application by the board and the payment of the required fee, the board shall issue a license to the applicant. Each license must be issued to a specific person for a specific location . [, and renewed biennially.]

    Sec. 4.  NRS 639.120 is hereby amended to read as follows:

    639.120  1.  An applicant to become a registered pharmacist in this state must:

    [1.] (a) Be of good moral character.

    [2.] (b) Be a graduate of a college of pharmacy or department of pharmacy of a university accredited by the American Council on Pharmaceutical Education and approved by the board or a graduate of a foreign school who has passed an examination for foreign graduates approved by the board to demonstrate that his education is equivalent.

    [3.] (c) Pass an examination approved and given by the board with a grade of at least 75 on the examination as a whole and a grade of at least 75 on the examination on law. An applicant for registration by reciprocity must pass the examination on law with at least a grade of 75.

    [4.  Complete 1 year]

    (d) Complete not less than 1,500 hours of practical pharmaceutical experience [.] as an intern pharmacist under the direct and immediate supervision of a registered pharmacist.

    2.  The practical pharmaceutical experience required pursuant to paragraph (d) of subsection 1 must relate primarily to the selling of drugs, poisons and devices, the compounding and dispensing of prescriptions, preparing prescriptions and keeping records and preparing reports required by state and federal statutes.

    3.  The board may accept evidence of compliance with the requirements set forth in paragraph (d) of subsection 1 from boards of pharmacy of other states in which the experience requirement is equivalent to the requirements in this state.

    Sec. 5.  NRS 639.127 is hereby amended to read as follows:

    639.127  1.  An applicant for registration as a pharmacist in this state must submit an application to the secretary of the board on a form furnished by the board and must pay the fee fixed by the board. The fee must be paid at the time the application is submitted and is compensation to the board for the investigation and the examination of the applicant. Under no circumstances may the fee be refunded.

    2.  Proof of the qualifications of any applicant must be made to the satisfaction of the board and must be substantiated by affidavits, records or such other evidence as the board may require.

    3.  An application is only valid for 1 year [from] after the date it is received by the board unless the board extends its period of validity.


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    4.  A certificate of registration as a pharmacist must be issued to each person who the board determines is qualified pursuant to the provisions of NRS 639.120, 639.133 and 639.134. The certificate entitles the person to whom it is issued to practice pharmacy in this state.

    Sec. 6.  NRS 639.134 is hereby amended to read as follows:

    639.134  1.  The board may, without an examination, register as a pharmacist any person who:

    (a) Is registered as a pharmacist in another jurisdiction if he was required to pass an examination in order to be registered in that jurisdiction;

    (b) Produces evidence satisfactory to the board that he has the required secondary and professional education and training and, if a graduate of a foreign school, produces evidence that, before taking the examination for registration in that jurisdiction, he passed an examination for foreign graduates offered in that jurisdiction which is comparable to the examination required [in subsection 2] pursuant to paragraph (b) of subsection 1 of NRS 639.120; and

    (c) Is of good moral character.

    2.  The provisions of this section apply only if pharmacists registered in this state are granted similar privileges by the state in which the applicant is registered.

    Sec. 7.  NRS 639.137 is hereby amended to read as follows:

    639.137  1.  Any person who is not a registered pharmacist, but who is employed in this state for the purpose of fulfilling the requirements of [subsection 4] paragraph (d) of subsection 1 of NRS 639.120 to become eligible for registration as a pharmacist, shall register with the board as an intern pharmacist. An applicant, to be eligible for registration as an intern pharmacist, must have completed a minimum of 1 year in a college of pharmacy or a department of pharmacy of a university approved by the board or be a graduate of a foreign school and pass an examination for foreign graduates approved by the board. The application must be made on a form furnished by the board.

    2.  The secretary of the board, upon approval of the application, shall issue a certificate of registration authorizing the applicant to undergo practical pharmaceutical training under the direct and immediate supervision of a registered pharmacist. The certificate of registration authorizes the holder, if acting under the direct and immediate supervision of a registered pharmacist, to perform the duties of a registered pharmacist and to perform other activities as authorized by regulation of the board. The period of validity of the certificate of registration, including any renewal, must not [be valid for more than] exceed 4 years [from] after the date of issue.

    3.  The certificate of registration must be posted as required by NRS 639.150.

    4.  Any certificate of registration issued pursuant to the provisions of this section may be suspended, terminated or revoked by the board for:

    (a) Any reason set forth in this chapter as grounds for the suspension or revocation of any certificate, license or permit; or

    (b) The failure of the registered pharmacist whose name appears on the certificate of registration to provide adequate training and supervision for the intern pharmacist in compliance with regulations adopted by the board.


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    Sec. 8.  NRS 639.1371 is hereby amended to read as follows:

    639.1371  1.  [Supportive personnel shall register biennially with the board and pay the required fee for registration.

    2.]  The ratio of supportive personnel to pharmacists must not allow more than one supportive personnel to each pharmacist unless the board by regulation expands the ratio.

    [3.] 2.  The board shall adopt regulations concerning supportive personnel, including requirements for:

    (a) The qualifications, registration and supervision of supportive personnel; and

    (b) Services which may be performed by supportive personnel,

to ensure the protection and safety of the public in the provision of pharmaceutical care.

    [4.] 3.  The regulations adopted by the board pursuant to this section which prescribe:

    (a) The qualifications for supportive personnel must include:

         (1) At least 1 year of education at a postsecondary school which is directly related to the duties performed by supportive personnel;

         (2) The successful completion of a program for supportive personnel which is approved by the board;

         (3) The completion of at least 1,500 hours of experience in carrying out the duties of supportive personnel; or

         (4) Any other experience or education deemed equivalent by the board.

    (b) An expanded ratio of supportive personnel to pharmacists must not allow more than two supportive personnel for each pharmacist in a particular category of pharmacy at any time.

    (c) The services which may be performed by supportive personnel must include, without limitation, the:

         (1) Removal of drugs from stock;

         (2) Counting, pouring or mixing of drugs;

         (3) Placing of drugs in containers;

         (4) Affixing of labels to containers; and

         (5) Packaging and repackaging of drugs.

    [5.] 4.  For the purposes of this chapter, and chapters 453 and 454 of NRS, supportive personnel may perform acts required to be performed by pharmacists but only to the extent provided in regulations.

    Sec. 9.  NRS 639.150 is hereby amended to read as follows:

    639.150  1.  The holder of a certificate of registration , [or a certificate as an intern pharmacist,] a license or a permit granted pursuant to the provisions of this chapter shall display the certificate, license or permit, and the current renewal receipt thereof, in the pharmacy conducted by him or in which he is employed in a place where it may be clearly read by the public.

    2.  A registered pharmacist who is employed or who practices in more than one pharmacy shall post his original certificate of registration and the current renewal receipt in the pharmacy in which he is primarily employed, in compliance with the provisions of subsection 1, and shall post an 8‑inch by 10‑inch photocopy of his certificate of registration and the current renewal receipt in every other pharmacy in which he practices on either a part-time or temporary basis.


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ê1999 Statutes of Nevada, Page 243 (Chapter 92, SB 101)ê

 

    3.  An institutional pharmacy that serves a majority of inpatients shall display certificates, licenses and permits in accordance with regulations adopted by the board.

    Sec. 10.  NRS 639.180 is hereby amended to read as follows:

    639.180  1.  [A certificate as a registered pharmacist must be issued to each person who the board determines is qualified pursuant to the provisions of NRS 639.120, 639.133 and 639.134. The certificate entitles the person to whom it is issued to practice pharmacy in this state.

    2.  Each] Except as otherwise provided in this subsection, a certificate, license or permit issued by the board pursuant to this chapter expires on October 31 of each even‑numbered year. A certificate of registration as a pharmacist expires on October 31 of each odd‑numbered year.

    2.  Except as otherwise provided by NRS 639.137, 639.230 and 639.2328, each person to whom a certificate , license or permit has been issued may, if [his] the certificate , license or permit has not been revoked, renew [his] the certificate , license or permit biennially by [filing an application, paying] :

    (a) Filing an application for renewal;

    (b) Paying the fee for renewal [fee, complying] ;

    (c) Complying with the requirement of continuing professional education, if applicable [, and, if] ; and

    (d) If the applicant is a natural person [,] who is applying for the renewal of a certificate of registration as a pharmacist, an intern pharmacist or supportive personnel or a license issued pursuant to NRS 639.233, submitting the statement required pursuant to NRS 639.129.

    3.  The application for [the renewal of the certificate,] renewal, together with the fee for renewal and , if applicable, the statement , must be delivered to the secretary of the board on or before the expiration date of [any existing valid] the certificate , license or permit, or the current renewal receipt [.] thereof.

    4.  If a certificate , license or permit is renewed, it must be delivered to the applicant within a reasonable time after receipt of the [renewal] application for renewal and the fee [.] for renewal.

    5.  The board may refuse to renew a certificate , license or permit if the applicant has committed any act proscribed by NRS 639.210.

    6.  [The board may prorate the required fee for periods of partial biennial registration.] If the application for renewal and the fee for renewal and, if applicable, the statement, are not postmarked on or before the expiration date of the certificate, license or permit, or the current renewal receipt thereof, the registration is automatically forfeited.

    Sec. 11.  NRS 639.190 is hereby amended to read as follows:

    639.190  [1.  If an application for renewal and the required fee is not postmarked on or before the expiration date of the certificate, the registration is automatically forfeited.

    2.  If the] If a certificate of [any person] registration as a pharmacist is forfeited by a person as provided in [this section,] NRS 639.180, the board may, within 5 years thereafter, issue [him] a certificate of registration [,] to the person if the board determines that he:


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ê1999 Statutes of Nevada, Page 244 (Chapter 92, SB 101)ê

 

    [(a)] 1.  Has not committed any act listed in NRS 639.210 other than the failure to renew his [permit] certificate by not submitting the application for renewal or the fee for renewal [fee; and

    (b)] ; and

    2.  Is capable and qualified by education or experience, or both, to practice the profession of pharmacy in this state.

    Sec. 12.  NRS 639.230 is hereby amended to read as follows:

    639.230  1.  A pharmacy or a person operating as a pharmacy shall not use the word “drug” or “drugs,” “prescription” or “pharmacy,” or similar words or words of similar import, without first having secured a license from the board.

    2.  Each license must be issued to a specific person and for a specific location and is not transferable. The original license must show the name of the owner and the name of the managing pharmacist and be displayed on the licensed premises as provided in NRS 639.150. If the owner is a partnership or corporation, the names of the partners or officers must also be shown. Any change of partners or corporate officers must be immediately reported to the board. The original license and the fee required for reissuance of a license must be submitted to the board before the reissuance of the license.

    3.  [Every] In addition to the requirements for renewal set forth in NRS 639.180, every person holding a license to operate a pharmacy [shall:

    (a) Satisfy] must satisfy the board that the pharmacy is conducted according to law.

    [(b) Submit to the secretary of the board the application for renewal of the license and the renewal fee on or before the expiration date of the license.

    4.  Upon receipt of the renewal fee, the secretary of the board shall register the pharmacy and furnish the manager or proprietor with a receipt valid through October 31 of the next even-numbered year.

    5.  If the application for renewal and the renewal fee are not postmarked on or before the expiration date of the license, the registration is automatically forfeited.

    6.] 4.  Any violation of any of the provisions of this chapter by a managing pharmacist or by personnel of the pharmacy under the supervision of the managing pharmacist is cause for the suspension or revocation of the license of the pharmacy by the board.

    Sec. 13.  NRS 639.23505 is hereby amended to read as follows:

    639.23505  [1.]  A practitioner shall not dispense for human consumption any controlled substance or dangerous drug if he charges a patient for that substance or drug, either separately or together with charges for other professional services:

    [(a) Unless he]

    1.  Unless the practitioner first applies for and obtains a certificate from the board and pays the required fee; and

    [(b)] 2.  Issues a written prescription.

    [2.  Each person to whom a certificate is given pursuant to subsection 1 may, if his authorization has not been revoked, renew his authorization biennially upon making application to the board and paying the required renewal fee. The application for renewal and fee must be submitted on or before the expiration date of the certificate.]


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ê1999 Statutes of Nevada, Page 245 (Chapter 92, SB 101)ê

 

    Sec. 14.  NRS 639.2825 is hereby amended to read as follows:

    639.2825  1.  Except as otherwise provided in subsection 2, it is unlawful for the holder of a certificate of registration as a pharmacist, a certificate of registration as an intern pharmacist, a license or a permit granted pursuant to this chapter to sell, furnish or fit a contact lens.

    2.  A registered pharmacist may, pursuant to a prescription, sell or furnish a prepackaged contact lens that does not require any adjustment, modification or fitting, if:

    (a) The prescription includes an expiration date and sets forth the number of refills that the person for whom the contact lens is prescribed may receive; and

    (b) The contact lens is not sold or furnished with the intent that the initial use of the contact lens will occur after the expiration date of the prescription.

    3.  As used in this section, “contact lens” includes, without limitation, any cosmetic or therapeutic contact lens or any contact lens that is used to improve visual acuity.

    Sec. 15.  NRS 453.1545 is hereby amended to read as follows:

    453.1545  1.  The board and the division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy [.] that is registered with the board. The program must:

    (a) Be designed to provide information regarding [the] :

         (1) The inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies in order to prevent the improper or illegal use of such controlled substances [.] ; and

         (2) Statistical data relating to the use of such controlled substances that is not specific to a particular patient.

    (b) Be administered by the board, the division, the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the board and the division.

    (c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

    2.  The board and division must have access to the program established pursuant to subsection 1 for the purpose of identifying any suspected fraudulent or illegal activity related to the dispensing of controlled substances.

    3.  The board and division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

    4.  Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section, must not be disclosed to any person. [Information obtained from the program] Such information must be disclosed:


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ê1999 Statutes of Nevada, Page 246 (Chapter 92, SB 101)ê

 

    (a) Upon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or

    (b) Upon the lawful order of a court of competent jurisdiction.

    5.  The board and the division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

    Sec. 16.  NRS 453.385 is hereby amended to read as follows:

    453.385  1.  Each prescription for a controlled substance listed in schedule II must be written on a separate prescription blank or as an order on the chart of a patient. The chart of a patient may be used to order multiple prescriptions for that patient.

    2.  A prescription for a controlled substance must contain:

    (a) The name of the practitioner, his signature if the prescription was not transmitted orally and his address if not immediately available to the pharmacist;

    (b) The classification of his license;

    (c) His registration number from the Drug Enforcement Administration if it is not immediately available to the pharmacist;

    (d) The name of the patient, and his address if not immediately available to the pharmacist;

    (e) The name, strength and quantity of the drug or drugs prescribed;

    (f) Directions for use; and

    (g) The date of issue.

    3.  A prescription for a controlled substance listed in:

    (a) Schedule III, IV or V must be signed by the practitioner pursuant to the regulations of the board and may be preprinted or written by an agent of the practitioner, or may be transmitted electronically or by a facsimile machine from the practitioner to a pharmacy pursuant to the regulations of the board.

    (b) Schedule II must be written and signed entirely by hand by the practitioner who issued it, except that:

         (1) The addresses of the patient and the practitioner may be added by the pharmacist.

         (2) The name of the practitioner, his address [,] and the classification of his license [and his registration number for the Drug Enforcement Administration may] must be preprinted on the prescription form.

         (3) The registration number of the practitioner assigned by the Drug Enforcement Administration may be preprinted on the prescription form.

         (4) The prescription may be transmitted by the practitioner or an agent of the practitioner to a pharmacy by a facsimile machine if the original written prescription is presented to the pharmacist for review before the dispensing of the controlled substance, except that:

             (I) If the controlled substance is to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion, the transmission from the facsimile machine shall be deemed to be the original written prescription.

             (II) If the controlled substance is prescribed for a resident of a facility for long-term care, the transmission from the facsimile machine shall be deemed to be the original written prescription and must be maintained in accordance with 21 C.F.R. § 1304.04(h).


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ê1999 Statutes of Nevada, Page 247 (Chapter 92, SB 101)ê

 

be deemed to be the original written prescription and must be maintained in accordance with 21 C.F.R. § 1304.04(h).

    4.  Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

    Sec. 17.  NRS 639.125 is hereby repealed.

    Sec. 18.  Notwithstanding the amendatory provisions of NRS 639.180, any existing certificate, license or permit issued by the state board of pharmacy pursuant to chapter 639 of NRS is valid until the expiration date of the certificate, license or permit and all renewals made after that date expire on October 31 of each even‑numbered year or on October 31 of each odd‑numbered year as provided by the amendatory provisions of NRS 639.180.

________

 

CHAPTER 93, SB 382

Senate Bill No. 382–Senators Titus and Raggio

 

CHAPTER 93

 

AN ACT relating to hospice care; revising the benefits for such care required to be provided to persons eligible for Medicaid; authorizing certain nurses who provide such care to make pronouncements of death; expanding the class of facilities eligible to obtain a license to provide such care; and providing other matters properly relating thereto.

 

[Approved May 5, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 422.304 is hereby amended to read as follows:

    422.304  1.  The department, through the welfare division, shall pay, under the state plan for Medicaid:

    (a) A [freestanding] facility for hospice care licensed pursuant to [NRS 449.030; or] chapter 449 of NRS for the services for hospice care, including room and board, provided by that facility to a person who is eligible to receive Medicaid.

    (b) A program for hospice care licensed pursuant to [NRS 449.030,] chapter 449 of NRS for the services for hospice care provided by that [facility or] program to a person who is eligible to receive Medicaid.

    2.  As used in this section:

    (a) [“Freestanding facility] “Facility for hospice care” has the meaning ascribed to it in [NRS 449.006.] section 3 of this act.

    (b) “Hospice care” has the meaning ascribed to it in NRS 449.0115.

    Sec. 2.  NRS 440.415 is hereby amended to read as follows:

    440.415  1.  A physician who anticipates the death of a patient because of an illness, infirmity or disease may authorize a specific registered nurse or the registered nurses employed by a medical facility or program for hospice care to make a pronouncement of death if they attend the death of the patient.

    2.  Such an authorization is valid for 120 days. Except as otherwise provided in subsection 3, the authorization must:


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ê1999 Statutes of Nevada, Page 248 (Chapter 93, SB 382)ê

 

    (a) Be a written order entered on the chart of the patient;

    (b) State the name of the registered nurse or nurses authorized to make the pronouncement of death; and

    (c) Be signed and dated by the physician.

    3.  If the patient is in a medical facility [,] or under the care of a program for hospice care, the physician may authorize the registered nurses employed by the facility or program to make pronouncements of death without specifying the name of each nurse.

    4.  If a pronouncement of death is made by a registered nurse, the physician who authorized that action shall sign the medical certificate of death within 24 hours after being presented with the certificate.

    5.  If a patient in a medical facility is pronounced dead by a registered nurse employed by the facility, the registered nurse may release the body of the patient to a licensed funeral director pending the completion of the medical certificate of death by the attending physician if the physician or the medical director or chief of the medical staff of the facility has authorized the release in writing.

    6.  The board may adopt regulations concerning the authorization of a registered nurse to make pronouncements of death.

    7.  As used in this section:

    (a) “Medical facility” means:

         (1) A facility for skilled nursing as defined in NRS 449.0039;

         (2) A [freestanding] facility for hospice care as defined in [NRS 449.006;] section 3 of this act;

         (3) A hospital as defined in NRS 449.012;

         (4) An agency to provide nursing in the home as defined in NRS 449.0015; or

         (5) A facility for intermediate care as defined in NRS 449.0038.

    (b) “Program for hospice care” means a program for hospice care licensed pursuant to chapter 449 of NRS.

    (c) “Pronouncement of death” means a declaration of the time and date when the cessation of the cardiovascular and respiratory functions of a patient occurs as recorded in the patient’s medical record by the attending provider of health care in accordance with the provisions of chapter 440 of NRS.

    Sec. 3.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Facility for hospice care” means a facility which is operated to provide hospice care.

    Sec. 4.  NRS 449.001 is hereby amended to read as follows:

    449.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 449.0151 is hereby amended to read as follows:

    449.0151  “Medical facility” includes:

    1.  A surgical center for ambulatory patients;

    2.  An obstetric center;

    3.  An independent center for emergency medical care;

    4.  An agency to provide nursing in the home;


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ê1999 Statutes of Nevada, Page 249 (Chapter 93, SB 382)ê

 

    5.  A facility for intermediate care;

    6.  A facility for skilled nursing;

    7.  A [freestanding] facility for hospice care;

    8.  A hospital;

    9.  A psychiatric hospital;

    10.  A facility for the treatment of irreversible renal disease;

    11.  A rural clinic; and

    12.  A nursing pool.

    Sec. 6.  NRS 449.030 is hereby amended to read as follows:

    449.030  1.  No person, state or local government or agency thereof may operate or maintain in this state any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.001 to 449.240, inclusive.

    2.  Unless licensed as a [freestanding] facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the board.

    Sec. 7.  NRS 449.0315 is hereby amended to read as follows:

    449.0315  1.  A licensed [freestanding] facility for hospice care may provide any of the following levels of care for terminally ill patients:

    (a) Medical care for a patient who is in an acute episode of illness;

    (b) Skilled nursing care;

    (c) Intermediate care; and

    (d) Custodial care.

    2.  A licensed [freestanding] facility for hospice care may provide direct supportive services to a patient’s family and persons who provide care for the patient, including services which provide care for the patient during the day and other services which provide a respite from the stresses and responsibilities that result from the daily care of the patient.

    Sec. 8.  NRS 449.260 is hereby amended to read as follows:

    449.260  As used in NRS 449.250 to 449.430, inclusive:

    1.  “Community mental health center” means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community in or near which the facility is situated.

    2.  “Construction” includes the construction of new buildings, modernization, expansion, remodeling and alteration of existing buildings, and initial equipment of such buildings , [(] including medical transportation facilities [), including] , and includes architects’ fees, but [excluding] excludes the cost of offsite improvements and, except with respect to public health centers, the cost of the acquisition of the land.

    3.  “Facility for the mentally retarded” means a facility specially designed for the diagnosis, treatment, education, training or custodial care of the mentally retarded, including facilities for training specialists and sheltered workshops for the mentally retarded, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded.


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ê1999 Statutes of Nevada, Page 250 (Chapter 93, SB 382)ê

 

    4.  “Federal Act” means 42 U.S.C. §§ 291 to 291o‑l, inclusive, and 300k to 300t, inclusive, and any other federal law providing for or applicable to the provision of assistance for health facilities.

    5.  “Federal agency” means the federal department, agency or official designated by law, regulation or delegation of authority to administer the Federal Act.

    6.  “Health facility” includes a public health center, hospital, [freestanding] facility for hospice care, facility for the mentally retarded, community mental health center, and other facility to provide diagnosis, treatment, care, rehabilitation, training or related services to persons with physical or mental impairments, including diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act, and such other facilities for which federal aid may be authorized under the Federal Act, but, except for facilities for the mentally retarded, does not include any facility furnishing primarily domiciliary care.

    7.  “Nonprofit health facility” means any health facility owned and operated by a corporation or association, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or natural person.

    8.  “Public health center” means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers.

    9.  “State department” means the department of human resources, acting through its appropriate divisions.

    Sec. 9.  NRS 449.006 is hereby repealed.

    Sec. 10.  1.  This section and sections 2 to 9, inclusive, of this act become effective on July 1, 1999.

    2.  Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1999.

________

 

CHAPTER 94, SB 175

Senate Bill No. 175–Committee on Commerce and Labor

 

CHAPTER 94

 

AN ACT relating to workers’ compensation; revising the penalties for the failure of an employer to provide and secure or maintain workers’ compensation; and providing other matters properly relating thereto.

 

[Approved May 5, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 616D.200 is hereby amended to read as follows:

    616D.200  1.  If the administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:


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ê1999 Statutes of Nevada, Page 251 (Chapter 94, SB 175)ê

 

maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:

    (a) The premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years;

    (b) The actual costs incurred by the system in reinstating the policy, but not to exceed 10 percent of the premiums owed by the employer; and

    (c) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.

    2.  The administrator shall deliver a copy of his determination to the employer. An employer who is aggrieved by the determination of the administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

    3.  Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, [is:

    (a) For the first offense, guilty of a misdemeanor.

    (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category C felony and shall be punished as provided in NRS 193.130.] shall be punished as follows:

    (a) Except as otherwise provided in paragraph (b), if it is a first offense, for a misdemeanor.

    (b) If it is a first offense and, during the period the employer was doing business in this state without providing, securing or maintaining compensation, one of his employees suffers an injury arising out of and in the course of his employment that results in substantial bodily harm to the employee or the death of the employee, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.

    (c) If it is a second or subsequent offense committed within 7 years after the previous offense, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.

    4.  In addition to any other penalty imposed pursuant to paragraph (b) or (c) of subsection 3, the court shall order the employer to:

    (a) Pay restitution to an insurer who has incurred costs as a result of the violation in an amount equal to the costs that have been incurred minus any costs incurred that have otherwise been recovered; and

    (b) Reimburse the uninsured employers’ claim fund for all payments made from the fund on the employer’s behalf, including any benefits, administrative costs or attorney’s fees paid from the fund, that have not otherwise been recovered pursuant to NRS 616C.220.

    5.  Any criminal penalty imposed pursuant to subsections 3 and 4 must be in addition to the amount charged pursuant to subsection 1.

________

 


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ê1999 Statutes of Nevada, Page 252ê

 

CHAPTER 95, SB 499

Senate Bill No. 499–Committee on Government Affairs

 

CHAPTER 95

 

AN ACT relating to the state personnel system; clarifying the circumstances under which employees who work variable work schedules or innovative work weeks are eligible for overtime; repealing certain redundant and obsolete provisions governing reports of promotion to be made by appointing authorities and the continued employment of certain employees in the classified service; and providing other matters properly relating thereto.

 

[Approved May 5, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 284.180 is hereby amended to read as follows:

    284.180  1.  The legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan in no way limits the authority of the legislature relative to budgeted appropriations for salary and wage expenditures.

    2.  Credit for overtime work directed or approved by the head of an agency or his representative must be earned at the rate of time and one-half, except for those employees described in NRS 284.148.

    3.  Except as otherwise provided in subsections 4, 6 , 7 and [8,] 9, overtime is considered time worked in excess of:

    (a) Eight hours in 1 calendar day;

    (b) Eight hours in any 16-hour period; or

    (c) A 40-hour week.

    4.  Firemen who choose and are approved for a 24-hour shift shall be deemed to work an average of 56 hours per week and 2,912 hours per year, regardless of the actual number of hours worked or on paid leave during any biweekly pay period. A fireman so assigned is entitled to receive 1/26 of his annual salary for each biweekly pay period. In addition, overtime must be considered time worked in excess of:

    (a) Twenty‑four hours in one scheduled shift; or

    (b) Fifty‑three hours average per week during one work period for those hours worked or on paid leave.

The appointing authority shall designate annually the length of the work period to be used in determining the work schedules for such firemen. In addition to the regular amount paid such a fireman for the deemed average of 56 hours per week, he is entitled to payment for the hours which comprise the difference between the 56-hour average and the overtime threshold of 53 hours average at a rate which will result in the equivalent of overtime payment for those hours.

    5.  The director, with the approval of the commission, shall adopt regulations to carry out the provisions of subsection 4.

    6.  For employees who choose and are approved for a variable workday, overtime will be considered only after working 40 hours in 1 week. [For employees who choose and are approved for]


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

ê1999 Statutes of Nevada, Page 253 (Chapter 95, SB 499)ê

 

    7.  Employees who are eligible under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80‑hour work schedule within a biweekly pay period [, overtime] and who choose and are approved for such a work schedule will be considered eligible for overtime only after working 80 hours biweekly [.

    7.] except those eligible employees who are approved for overtime in excess of one scheduled shift of 8 or more hours per day.

    8.  An agency may experiment with innovative work weeks upon the approval of the head of the agency and after majority consent of the affected employees. The affected employees are eligible for overtime only after working 40 hours in the work week.

    [8.] 9.  This section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the commission.

    [9.] 10.  All overtime must be approved in advance by the appointing authority or his designee. No officer or employee, other than a director of a department or the chairman of a board, commission or similar body, may authorize overtime for himself. The chairman of a board, commission or similar body must approve in advance all overtime worked by members of the board, commission or similar body.

    [10.] 11.  The budget division of the department of administration shall review all overtime worked by employees of the executive department to ensure that overtime is held to a minimum. The budget division shall report quarterly to the state board of examiners the amount of overtime worked in the quarter within the various agencies of the state.

    Sec. 2.  NRS 284.270 and 284.275 are hereby repealed.

    Sec. 3.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 96, SB 65

Senate Bill No. 65–Senator Jacobsen

 

CHAPTER 96

 

AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to issue placards for certain persons who respond to emergencies; and providing other matters properly relating thereto.

 

[Approved May 11, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

    1.  The chief of a volunteer fire department may apply to the department of motor vehicles and public safety for the issuance of a placard for a member of the volunteer fire department or a volunteer emergency medical technician associated with the department. The application must:


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ê1999 Statutes of Nevada, Page 254 (Chapter 96, SB 65)ê

 

    (a) Be submitted on a form approved by the department of motor vehicles and public safety; and

    (b) Include:

         (1) The name of the volunteer fire department;

         (2) The county in which the volunteer fire department is located; and

         (3) The number of placards requested.

    2.  Upon receipt of an application pursuant to the provisions of subsection 1, the department of motor vehicles and public safety shall prepare and issue the number of placards requested in the application. The placards must be yellow in color and must have appropriate mounting holes. The volunteer fire department is responsible for determining the design, lettering and numbering of the placards.

    3.  The chief of the volunteer fire department shall establish rules:

    (a) Regarding the issuance and use of the placards; and

    (b) Establishing a method of establishing and maintaining records of placards that have been issued.

    4.  When a member to whom a placard has been issued ceases to be a member of the volunteer fire department, or when a volunteer emergency medical technician to whom a placard has been issued ceases to be associated with the department, the person shall surrender the placard to the chief of the volunteer fire department from which he received the placard.

    5.  A placard issued pursuant to the provisions of this section may not be used in lieu of a license plate otherwise required by this chapter.

    6.  The department of motor vehicles and public safety shall not charge a fee for the issuance of the placards pursuant to this section.

________

 

CHAPTER 97, SB 243

Senate Bill No. 243–Committee on Natural Resources

 

CHAPTER 97

 

AN ACT relating to hazardous materials; changing the date by which certain fees for the storage of extremely hazardous materials must be paid; and providing other matters properly relating thereto.

 

[Approved May 11, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 459.744 is hereby amended to read as follows:

    459.744  1.  The commission shall establish by regulation:

    (a) A schedule of fees for its services and regulatory activities. The fees must be set at an amount which approximates the cost to the commission of performing those services and activities.

    (b) A fee, not to exceed $5,000 per year, to be paid by each person who stores an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations. The fee must include:


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ê1999 Statutes of Nevada, Page 255 (Chapter 97, SB 243)ê

 

         (1) A filing fee for each facility in which such material is stored; and

         (2) A surcharge for each ton of such material stored in excess of 1 ton,

and must be paid on or before March [30] 1 of each year for the preceding calendar year.

    (c) A fee, not to exceed $2,000 per year, to be paid by each person who manufactures for transport an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations. The fee must include:

         (1) A filing fee for each facility in which such material is manufactured; and

         (2) A surcharge for each ton of such material which is manufactured for transport in this state,

and must be paid on or before January 31 of each year for the preceding calendar year.

    (d) A reporting fee of $500 to be paid by each person who is required to submit a toxic chemical release form pursuant to Public Law 99‑499, which becomes due upon the filing of the form.

    2.  The commission shall not require any person to pay more than $5,000 in fees imposed pursuant to subsection 1 for any calendar year.

________

 

CHAPTER 98, SB 209

Senate Bill No. 209–Committee on Transportation

 

CHAPTER 98

 

AN ACT relating to vehicles; requiring certain sellers and lessors of vehicles to provide the buyer or lessee with a temporary placard for use in place of a license plate; providing that the placard must contain the date of expiration by the seller or lessor of the report of sale or report of lease of the vehicle; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 11, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

    1.  The department shall collect a fee for each temporary placard issued by the department to a seller or long-term lessor pursuant to NRS 482.423 to 482.4245, inclusive. The fee may not exceed the cost to the department of producing the temporary placard.

    2.  The fees collected pursuant to subsection 1 must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the registration division of the department to pay for the cost of producing the temporary placards.

    Sec. 2.  NRS 482.423 is hereby amended to read as follows:

    482.423  1.  When a new vehicle is sold in this state for the first time, the seller shall complete and execute a manufacturer’s certificate of origin or a manufacturer’s statement of origin and, unless the vehicle is sold to a licensed dealer, a dealer’s report of sale.


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ê1999 Statutes of Nevada, Page 256 (Chapter 98, SB 209)ê

 

licensed dealer, a dealer’s report of sale. The dealer’s report of sale must be in a form prescribed by the department and must include:

    (a) A description of the vehicle;

    (b) The name and address of the seller; and

    (c) The name and address of the buyer.

    2.  If , in connection with the sale , a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee must be entered on the dealer’s report of sale and on the manufacturer’s certificate or statement of origin.

    [2.] 3.  Unless an extension of time is granted by the department, the seller shall:

    (a) Collect the fee set forth in NRS 482.429 for a certificate of title for a vehicle registered in this state;

    (b) Submit the original of the dealer’s report of sale and the manufacturer’s certificate or statement of origin and remit the fee collected pursuant to this subsection for the certificate of title to the department within 20 days after the execution of the dealer’s report of sale; and

    (c) Furnish [one copy of the report] to the buyer [.] :

         (1) One copy of the dealer’s report of sale; and

         (2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the dealer’s report of sale in a size consistent with the unique numbers and letters of a license plate.

    4.  One copy of the dealer’s report of sale must be affixed to the right front windshield of the vehicle, [which] and the temporary placard must be affixed to the rear of the vehicle in place of a license plate.

    5.  Compliance with the requirements of subsection 4 permits the vehicle to be operated for a period not to exceed 10 days. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy of the dealer’s report of sale from the windshield of the vehicle [.

    3.] and the temporary placard from the rear of the vehicle.

    6.  For the purposes of establishing compliance with the period required by paragraph (b) of subsection [2,] 3, the department shall use the date imprinted or otherwise indicated on the dealer’s report of sale as the beginning date of the 20‑day period.

    [4.] 7.  The department shall furnish a special permit for use when a contract of sale is entered to enable the buyer to operate the vehicle for a period not to exceed 20 days. Upon execution of all required documents to complete the sale of a vehicle, the dealer shall [remove this] :

    (a) Remove the special permit ; and [execute]

    (b) Execute a dealer’s report of sale and furnish a copy of the report and a temporary placard to the buyer as required by this section.


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

ê1999 Statutes of Nevada, Page 257 (Chapter 98, SB 209)ê

 

    Sec. 3.  NRS 482.4235 is hereby amended to read as follows:

    482.4235  1.  If a new vehicle is leased in this state by a long-term lessor, the long-term lessor shall complete and execute a manufacturer’s certificate of origin or a manufacturer’s statement of origin, and a long-term lessor’s report of lease. Such a report must be in a form prescribed by the department and must include:

    (a) A description of the vehicle; and

    (b) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.

    2.  Unless an extension of time is granted by the department, the long-term lessor shall:

    (a) Submit the original of the long-term lessor’s report of lease and the manufacturer’s certificate of origin or manufacturer’s statement of origin to the department within 20 days after the execution of the long-term lessor’s report of lease; and

    (b) Furnish [one copy of the report] to the long-term lessee [.] :

         (1) One copy of the long-term lessor’s report of lease; and

         (2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the long-term lessor’s report of lease in a size consistent with the unique numbers and letters of a license plate.

    3.  The long-term lessor shall affix one copy of the long-term lessor’s report of lease to the right front windshield of the vehicle [, which] and the temporary placard to the rear of the vehicle in place of a license plate.

    4.  Compliance with the requirements of subsection 3 permits the vehicle to be operated for a period not to exceed 10 days. Upon issuance of the certificate of registration for the vehicle or the expiration of 10 days after the lease, whichever occurs first, the long-term lessee shall remove the copy of the long-term lessor’s report of lease from the windshield of the vehicle [.

    3.] and the temporary placard from the rear of the vehicle.

    5.  For the purposes of establishing compliance with the period required by paragraph (a) of subsection 2, the department shall use the date imprinted or otherwise indicated on the long-term lessor’s report of lease as the beginning date of the 20-day period.

    [4.] 6.  When a contract to lease a new vehicle is entered into, the department shall furnish a special permit to the long-term lessor to enable the long-term lessee to operate the vehicle for not more than 20 days. Upon executing all documents necessary to complete the lease of the vehicle, the long-term lessor shall [remove] :

    (a) Remove the special permit ; and [execute]

    (b) Execute the long-term lessor’s report of lease and furnish a copy of the report and a temporary placard to the long-term lessee as required by this section.

    Sec. 4.  NRS 482.424 is hereby amended to read as follows:

    482.424  1.  When a used or rebuilt vehicle is sold in this state to any person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall complete and execute a dealer’s or rebuilder’s report of sale.


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

ê1999 Statutes of Nevada, Page 258 (Chapter 98, SB 209)ê

 

rebuilder’s report of sale. The dealer’s or rebuilder’s report of sale must be in a form prescribed by the department and must include:

    (a) A description of the vehicle, including whether it is a rebuilt vehicle;

    (b) The name and address of the seller; and

    (c) The name and address of the buyer.

    2.  If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party must be entered on the dealer’s or rebuilder’s report of sale.

    [2.] 3.  Unless an extension of time is granted by the department, the seller shall:

    (a) Collect the fee set forth in NRS 482.429 for a certificate of title for a vehicle registered in this state;

    (b) Submit the original of the dealer’s or rebuilder’s report of sale and remit the fee collected pursuant to this subsection for the certificate of title to the department within 30 days after the execution of the dealer’s or rebuilder’s report of sale, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle; and

    (c) Furnish [one copy of the report] to the buyer [.] :

         (1) One copy of the dealer’s or rebuilder’s report of sale; and

         (2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the dealer’s or rebuilder’s report of sale in a size consistent with the unique numbers and letters of a license plate.

    4.  One copy of the dealer’s or rebuilder’s report of sale must be affixed to the front right windshield of the vehicle, [which] and the temporary placard must be affixed to the rear of the vehicle in place of a license plate.

    5.  Compliance with the requirements of subsection 4 permits the vehicle to be operated for not more than 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy of the dealer’s or rebuilder’s report of sale from the windshield of the vehicle [.

    3.] and the temporary placard from the rear of the vehicle.

    6.  For the purposes of establishing compliance with the period required by paragraph (b) of subsection [2,] 3, the department shall use the date imprinted or otherwise indicated on the dealer’s or rebuilder’s report of sale as the beginning date of the 30-day period.

    [4.] 7.  The department shall furnish a special permit which may be used when a contract of sale is made, to enable the buyer to operate the vehicle purchased by him for not more than 20 days. Upon executing all documents necessary to complete the sale of the vehicle, the dealer shall [remove] :

    (a) Remove the special permit ; and [execute]

    (b) Execute the dealer’s report of sale [,] and furnish a copy of the report and a temporary placard to the buyer as required by this section.


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

ê1999 Statutes of Nevada, Page 259 (Chapter 98, SB 209)ê

 

    Sec. 5.  NRS 482.4245 is hereby amended to read as follows:

    482.4245  1.  If a used or rebuilt vehicle is leased in this state by a long-term lessor, the long-term lessor shall complete and execute a long-term lessor’s report of lease. Such a report must be in a form prescribed by the department and must include:

    (a) A description of the vehicle;

    (b) An indication as to whether the vehicle is a rebuilt vehicle; and

    (c) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.

    2.  Unless an extension of time is granted by the department, the long-term lessor shall:

    (a) Submit the original of the long-term lessor’s report of lease to the department within 30 days after the execution of the long-term lessor’s report of lease, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle; and

    (b) Furnish [one copy of the report] to the long-term lessee [.] :

         (1) One copy of the long-term lessor’s report of lease; and

         (2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the long-term lessor’s report of lease in a size consistent with the unique numbers and letters of a license plate.

    3.  The long-term lessor shall affix one copy of the report to the right front windshield of the vehicle [, which] and the temporary placard to the rear of the vehicle in place of a license plate.

    4.  Compliance with the requirements of subsection 3 permits the vehicle to be operated for a period not to exceed 10 days. Upon issuance of the certificate of registration for the vehicle or the expiration of 10 days after the lease, whichever occurs first, the long-term lessee shall remove the copy of the long-term lessor’s report of lease from the windshield of the vehicle [.

    3.] and the temporary placard from the rear of the vehicle.

    5.  For the purposes of establishing compliance with the period required by paragraph (a) of subsection 2, the department shall use the date imprinted or otherwise indicated on the long-term lessor’s report of lease as the beginning date of the 30-day period.

    [4.] 6.  When a contract to lease a used or rebuilt vehicle is entered into, the department shall furnish a special permit to the long-term lessor to enable the long-term lessee to operate the vehicle for not more than 20 days. Upon executing all documents necessary to complete the lease of the vehicle, the long-term lessor shall [remove] :

    (a) Remove the special permit ; and [execute]

    (b) Execute the long-term lessor’s report of lease and furnish a copy of the report and a temporary placard to the long-term lessee as required by this section.

    Sec. 6.  NRS 482.436 is hereby amended to read as follows:

    482.436  Any person is guilty of a gross misdemeanor who knowingly:

    1.  Makes any false entry on any certificate of origin or certificate of ownership;


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ê1999 Statutes of Nevada, Page 260 (Chapter 98, SB 209)ê

 

    2.  Furnishes false information to the department concerning any security interest; or

    3.  Fails to submit the original of the dealer’s or rebuilder’s report of sale of a used or rebuilt vehicle to the department within the time prescribed in subsection [2] 3 of NRS 482.424.

    Sec. 7.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

    Sec. 8.  This act becomes effective on October 1, 1999.

________

 

CHAPTER 99, SB 301

Senate Bill No. 301–Committee on Transportation

 

CHAPTER 99

 

AN ACT relating to highways; providing for the prompt payment of subcontractors for the construction and improvement of highways; and providing other matters properly relating thereto.

 

[Approved May 11, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 408.383 is hereby amended to read as follows:

    408.383  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 11, the director may pay at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses in full for the work as completed but not more than 95 percent of the entire contract price. The progress estimates must be based upon materials in place, or on the job site, or at a location approved by the director, and invoiced, and labor expended thereon. The remaining 5 percent, but not more than $50,000, must be retained until the entire contract is completed satisfactorily and accepted by the director.

    2.  If the work in progress is being performed on a satisfactory basis, the director may reduce the percentage retained if he finds that sufficient reasons exist for additional payment and has obtained written approval from every surety furnishing bonds for the work. Any remaining money must be retained until the entire contract is completed satisfactorily and accepted by the director.

    3.  If it becomes necessary for the department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, must first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the department is payable to the contractor or the contractor’s creditors.

    4.  Such retained percentage as may be due any contractor is due and payable at the expiration of the 30-day period as provided in NRS 408.363 for filing of creditors’ claims, and this retained percentage is due and payable to the contractor at that time without regard to creditors’ claims filed with the department.


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ê1999 Statutes of Nevada, Page 261 (Chapter 99, SB 301)ê

 

    5.  The contractor under any contract made or awarded by the department, including any contract for the construction, improvement, maintenance or repair of any road or highway or the appurtenances thereto, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under the contract which are retained by the department, pursuant to the terms of the contract, if the contractor deposits with the director:

    (a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or United States treasury bills;

    (b) Bonds or notes of the State of Nevada; or

    (c) General obligation bonds of any political subdivision of the State of Nevada.

Certificates of deposit must be of a market value not exceeding par, at the time of deposit, but at least equal in value to the amount so withdrawn from payments retained under the contract.

    6.  The director has the power to enter into a contract or agreement with any national bank, state bank, trust company or safe deposit company located in the State of Nevada, designated by the contractor after notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with him pursuant to this section. Such services include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this section.

    7.  The director or any national bank, state bank, trust company or safe deposit company located in the State of Nevada, designated by the contractor to serve as custodian for the obligations pursuant to subsection 6, shall collect all interest or income when due on the obligations so deposited and shall pay them, when and as collected, to the contractor who deposited the obligation. If the deposit is in the form of coupon bonds, the director shall deliver each coupon as it matures to the contractor.

    8.  Any amount deducted by the State of Nevada, or pursuant to the terms of a contract, from the retained payments otherwise due to the contractor thereunder, must be deducted first from that portion of the retained payments for which no obligation has been substituted, then from the proceeds of any deposited obligation. In the latter case, the contractor is entitled to receive the interest, coupons or income only from those obligations which remain on deposit after that amount has been deducted.

    9.  A contractor shall disburse money paid to him pursuant to this section, including any interest that the contractor receives, to his subcontractors and suppliers within 15 days after he receives the money in the proportion that the value of the work performed by each subcontractor or the materials furnished by each supplier bears to the total amount of the contract between the principal contractor and the department.

    10.  Money payable to a subcontractor or supplier accrues interest at a rate equal to the lowest daily prime rate at the three largest banks in the United States on the date the subcontract or order for supplies was executed plus 2 percent, from 15 days after the money was received by the principal contractor until the date of payment.

    11.  If a contractor withholds more than 10 percent of a payment required by subsection 9, the subcontractor or supplier may inform the director in writing of the amount due.


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ê1999 Statutes of Nevada, Page 262 (Chapter 99, SB 301)ê

 

director in writing of the amount due. The director shall attempt to resolve the dispute between the contractor and the subcontractor or supplier within 20 working days after the date that the director receives notice of the amount due. If the dispute is not resolved within 20 working days after the date that the director receives notice of the amount due, the contractor shall deposit the disputed amount in an escrow account that bears interest. The contractor, subcontractor or supplier may pursue any legal or equitable remedy to resolve the dispute over the amount due. The director may not be made a party to any legal or equitable action brought by the contractor, subcontractor or supplier.

________

 

CHAPTER 100, AB 444

Assembly Bill No. 444–Committee on Elections, Procedures, and Ethics

 

CHAPTER 100

 

AN ACT relating to city elections; clarifying the application of certain provisions of Title 24 of NRS to city elections; requiring city clerks to publish a notice of the primary city election and general city election; authorizing the governing body of a city to establish the filing fee for candidates for city offices by resolution; eliminating the requirement that the special polling place must be maintained in the office of the city clerk; changing the date by which the city clerk must provide a voting booth for voting absent ballots in the office of the city clerk; prohibiting electioneering around or inside the office of the city clerk during the period for voting absent ballots in the office of the city clerk; changing the requirements for the appointment of members to the ballot board for early voting for a city election; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 11, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  “City of the second class” means a city:

    1.  Organized pursuant to the provisions of chapter 266 of NRS; or

    2.  Incorporated pursuant to a special charter,

whose population is more than 5,000 and less than 20,000.

    Sec. 3.  “City of the third class” means a city:

    1.  Organized pursuant to the provisions of chapter 266 of NRS; or

    2.  Incorporated pursuant to a special charter,

whose population is 5,000 or less.

    Sec. 4.  NRS 293.010 is hereby amended to read as follows:

    293.010  As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 293.038 is hereby amended to read as follows:

    293.038  “City of the first class ” [,” “city of the second class” or “city of the third class”] means a city:

    1.  Organized pursuant to the provisions of chapter 266 of NRS; or

    2.  Incorporated pursuant to a special charter,


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[having a population described in subsections 1, 2 and 3 of NRS 266.055, respectively.] whose population is 20,000 or more.

    Sec. 6.  NRS 293.214 is hereby amended to read as follows:

    293.214  The county [or city] clerk shall establish at least one polling place for a precinct in any residential development exclusively for elderly persons if:

    1.  More than 100 of the residents of the development are registered to vote;

    2.  There is a common area which is adequate and available; and

    3.  The owner of the development consents to the establishment of the polling place on his property.

    Sec. 7.  NRS 293.2175 is hereby amended to read as follows:

    293.2175  1.  The county [or city] clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:

    (a) A United States citizen, a resident of Nevada and a resident of the county in which he serves;

    (b) Enrolled as a senior in high school;

    (c) At the time of service, enrolled in or have completed a high school course in American government in accordance with NRS 389.020; and

    (d) Performing at an academic level deemed acceptable by the principal of the pupil’s high school.

    2.  The county [or city] clerk may only appoint a pupil as a trainee if:

    (a) The pupil is appointed without party affiliation;

    (b) The county [or city] clerk sends the pupil a certificate stating the date and hours the pupil, upon approval, will act as trainee;

    (c) At least 20 days before the election in which the pupil will act as trainee, the principal of his high school receives the county [or city] clerk’s certificate and a written request signed by his parent or guardian to be excused from school for the time specified in the certificate;

    (d) The principal of the high school approves the pupil’s request; and

    (e) The pupil attends the training class required by NRS 293B.260.

    3.  The county [or city] clerk may assign a trainee such duties as the county [or city] clerk deems appropriate. The county [or city] clerk shall not require the trainee to perform those duties later than 10 p.m. or any applicable curfew, whichever is earlier.

    4.  The county [or city] clerk may compensate a trainee for his service at the same rate fixed for election board officers generally.

    Sec. 8.  NRS 293.220 is hereby amended to read as follows:

    293.220  Upon the selection of persons to act as election board officers pursuant to NRS 293.217 or as trainees pursuant to NRS 293.2175, the county [or city] clerk shall deliver, by mail or other means, notifications of the appointments to those persons.

    Sec. 9.  NRS 293.223 is hereby amended to read as follows:

    293.223  If any person appointed to serve as an election board officer pursuant to NRS 293.217 or as a trainee pursuant to NRS 293.2175 is unwilling to serve as appointed, he shall notify the county [or city] clerk within 5 days after receipt of the notification that he is unwilling to serve, whereupon the county [or city] clerk shall appoint some other registered voter to serve at the election.


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whereupon the county [or city] clerk shall appoint some other registered voter to serve at the election.

    Sec. 10.  NRS 293.227 is hereby amended to read as follows:

    293.227  1.  Each election board consists of at least three members, one of whom must be designated chairman by the county or city clerk. The boards shall make the records of election required by this chapter.

    2.  The appointment of a trainee as set forth in NRS 293.2175 and section 16 of this act may be used to determine the number of members on the election board, but under no circumstances may trainees comprise more than one-third of the election board of any precinct or serve as chairman of the election board.

    3.  The county or city clerk shall conduct or cause to be conducted, at least 5 days before the date of the election for which the boards are appointed, a school to acquaint the chairmen with the election laws, duties of election boards, regulations of the secretary of state and with the procedure for making the records of election and using the register for election boards. If the person appointed chairman is unable for any reason to attend the school, he shall appoint some other member of his election board to attend the school in his stead.

    4.  The board of county commissioners of any county or the city council of any city may reimburse the chairmen or their [designates] designees who attend the school for their travel expenses at a rate not exceeding 10 cents per mile.

    5.  Each chairman shall instruct his board before election day.

    Sec. 11.  NRS 293.274 is hereby amended to read as follows:

    293.274  1.  The county [or city] clerk shall allow members of the general public to observe the conduct of voting at a polling place.

    2.  A member of the general public shall not photograph the conduct of voting at a polling place or record the conduct of voting on audiotape or any other means of sound or video reproduction.

    3.  For the purposes of this section, a member of the general public does not include any person who:

    (a) Gathers information for communication to the public;

    (b) Is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station; and

    (c) Is acting solely within his professional capacity.

    Sec. 12.  NRS 293.465 is hereby amended to read as follows:

    293.465  If an election is prevented in any precinct or district by reason of the loss or destruction of the ballots intended for that precinct, or any other cause, the election officers for that precinct or district shall make an affidavit setting forth that fact and transmit it to the appropriate board of county commissioners . [or city council.] Upon receipt of the affidavit and upon the application of any candidate for any office to be voted for by the registered voters of that precinct or district, the board of county commissioners [or city council] shall order a new election in that precinct or district.


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    Sec. 13.  Chapter 293C of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 26, inclusive, of this act.

    Sec. 14.  Not later than 30 days before the primary city election and the general city election, the city clerk shall cause to be published a notice of the election in a newspaper of general circulation in the city once a week for 2 successive weeks. If a newspaper of general circulation is not published in the city, the publication may be made in a newspaper of general circulation published within the county in which the city is located. If a newspaper of general circulation is not published in that county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:

    1.  The date of the election.

    2.  The location of the polling places.

    3.  The hours during which the polling places will be open for voting.

    4.  The names of the candidates.

    5.  A list of the offices to which the candidates seek nomination or election.

    Sec. 15.  The city clerk shall establish at least one polling place for a precinct in any residential development exclusively for elderly persons if:

    1.  More than 100 of the residents of the development are registered to vote;

    2.  There is a common area in the development which is adequate and available; and

    3.  The owner of the development consents to the establishment of the polling place on his property.

    Sec. 16.  1.  The city clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:

    (a) A United States citizen, a resident of Nevada and a resident of the city in which he serves;

    (b) Enrolled as a senior in high school;

    (c) At the time of service, enrolled in or have completed a high school course in American government in accordance with NRS 389.020; and

    (d) Performing at an academic level deemed acceptable by the principal of the pupil’s high school.

    2.  The city clerk may only appoint a pupil as a trainee if:

    (a) The pupil is appointed without party affiliation;

    (b) The city clerk sends the pupil a certificate stating the date and hours the pupil, upon approval, will act as a trainee;

    (c) At least 20 days before the election in which the pupil will act as a trainee, the principal of his high school receives the city clerk’s certificate and a written request signed by his parent or guardian to be excused from school for the time specified in the certificate;

    (d) The principal of the high school approves the pupil’s request; and

    (e) The pupil attends the training class required by NRS 293B.260.

    3.  The city clerk may assign a trainee such duties as the city clerk deems appropriate. The city clerk shall not require the trainee to perform those duties later than 10 p.m., or any applicable curfew, whichever is earlier.


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    4.  The city clerk may compensate a trainee for his service at the same rate fixed for election board officers generally.

    Sec. 17.  Upon the selection of pe