Link to Page 1910

 

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ê1999 Statutes of Nevada, Page 1911 (Chapter 400, AB 341)ê

 

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state highway 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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CHAPTER 401, AB 343

Assembly Bill No. 343–Committee on Ways and Means

 

CHAPTER 401

 

AN ACT making an appropriation to the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety for the completion of the Agency Automation Project; and providing other matters properly relating thereto.

 

[Approved May 29, 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 Division of Parole and Probation of the Department of Motor Vehicles and Public Safety the sum of $161,478 for the completion of the Agency Automation Project.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, 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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CHAPTER 402, AB 344

Assembly Bill No. 344–Committee on Ways and Means

 

CHAPTER 402

 

AN ACT making a supplemental appropriation to the Division of Agriculture of the Department of Business and Industry for Veterinary Medical Services for a shortfall in revenue for personnel services; and providing other matters properly relating thereto.

 

[Approved May 29, 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 Division of Agriculture of the Department of Business and Industry the sum of $13,764 for a shortfall in revenue for personnel services. This appropriation is supplemental to that made by section 22 of chapter 244, Statutes of Nevada 1997, at page 859.


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ê1999 Statutes of Nevada, Page 1912 (Chapter 402, AB 344)ê

 

    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 403, AB 370

Assembly Bill No. 370–Assemblymen Parnell, Gibbons, de Braga, Bache, Segerblom, Neighbors, Leslie, Anderson, Lee, Freeman, Koivisto, McClain and Chowning

 

CHAPTER 403

 

AN ACT relating to programs for public employees; establishing for the next biennium the amount to be paid by the state for group insurance for participating officers and employees; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  For the purposes of NRS 287.044 and 287.0445 and subsection 1 of NRS 287.046, the state’s share of the cost of premiums or contributions for group insurance for each public officer or employee who elects to participate in the state’s group insurance program is:

    1.  For the fiscal year 1999-2000, $327.20 per month.

    2.  For the fiscal year 2000-2001, $368.75 per month.

    Sec. 2.  For the purposes of subsection 2 of NRS 287.046, the base amount for the state’s share of the cost of premiums or contributions for group insurance for each person who is retired from the service of the state and continues to participate in the state’s group insurance program is:

    1.  For the fiscal year 1999-2000, $183.59 per month.

    2.  For the fiscal year 2000-2001, $208.92 per month.

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

________

 


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ê1999 Statutes of Nevada, Page 1913ê

 

CHAPTER 404, AB 432

Assembly Bill No. 432–Committee on Commerce and Labor

 

CHAPTER 404

 

AN ACT relating to optometry; revising the authority of an optometrist to prescribe certain therapeutic pharmaceutical agents; authorizing an optometrist to treat persons diagnosed with glaucoma, under certain circumstances, if he holds a certificate issued by the Nevada state board of optometry; requiring the board to adopt regulations that prescribe the requirements for the issuance of such a certificate; authorizing an optometrist to practice under an assumed or fictitious name if the name has been registered with the board; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Chapter 636 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  An optometrist who is certified to administer and prescribe a therapeutic pharmaceutical agent pursuant to NRS 636.288 shall not prescribe an analgesic of hydrocodone with compounds, codeine with compounds or propoxyphene with compounds unless he:

    1.  Has completed an optometric examination of the patient for whom the therapeutic pharmaceutical agent is prescribed;

    2.  Prescribes the therapeutic pharmaceutical agent in an amount that will not last more than 72 hours; and

    3.  Sets forth in the prescription for the therapeutic pharmaceutical agent that the prescription may not be refilled.

    Sec. 3.  1.  An optometrist shall not treat a person diagnosed with glaucoma unless he has been issued a certificate by the board pursuant to section 5 of this act.

    2.  An optometrist who has been issued a certificate to treat persons diagnosed with glaucoma pursuant to section 5 of this act shall refer a patient diagnosed with glaucoma to an ophthalmologist for treatment if any one of the following is applicable:

    (a) The patient is under 16 years of age.

    (b) The patient has been diagnosed with malignant glaucoma or neovascular glaucoma.

    (c) The patient has been diagnosed with acute closed angle glaucoma. The provisions of this paragraph do not prohibit the optometrist from administering appropriate emergency treatment to the patient.

    (d) The patient’s glaucoma is caused by diabetes, and, after joint consultation with a physician who is treating the diabetes and an ophthalmologist, the physician or ophthalmologist determines that the patient should be treated by an ophthalmologist. If an optometrist determines that a patient’s glaucoma is caused by diabetes, he shall consult with a physician and ophthalmologist in the manner provided in this paragraph.


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ê1999 Statutes of Nevada, Page 1914 (Chapter 404, AB 432)ê

 

    Sec. 4.  The board shall adopt regulations that prescribe the requirements for the issuance of a certificate to treat persons diagnosed with glaucoma pursuant to section 5 of this act. The requirements must include, without limitation:

    1.  A license to practice optometry in this state;

    2.  The successful completion of the “Treatment and Management of Ocular Disease Examination” administered by the National Board of Examiners in Optometry on or after January 1, 1993, or an equivalent examination approved by the board; and

    3.  Proof that each optometrist who applies for a certificate has treated at least 15 persons who were:

    (a) Diagnosed with glaucoma by an ophthalmologist licensed in this state; and

    (b) Treated by the optometrist, in consultation with that ophthalmologist, for at least 1 year.

    Sec. 5.  The board shall issue a certificate to treat persons diagnosed with glaucoma to each optometrist who has complied with the requirements prescribed by the board pursuant to section 4 of this act.

    Sec. 6.  NRS 636.022 is hereby amended to read as follows:

    636.022  “Prescription” means [a] :

    1.  An order given individually for the person for whom prescribed, directly from a licensed optometrist who is certified to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, or his agent, to a pharmacist or indirectly by means of an order signed by the licensed optometrist or an electronic transmission from the licensed optometrist to a pharmacist; or

    2.  A written direction from a licensed optometrist to:

    [1.] (a) Prepare an ophthalmic lens for a patient; or

    [2.] (b) Dispense a prepackaged contact lens that does not require any adjustment, modification or fitting.

    Sec. 7.  NRS 636.024 is hereby amended to read as follows:

    636.024  “Therapeutic pharmaceutical agent” means [a] :

    1.  A topical medication [or an] ;

    2.  An oral antibiotic ;

    3.  An oral medication for allergies that does not contain steroids; or

    4.  An analgesic of hydrocodone with compounds, codeine with compounds or propoxyphene with compounds,

approved by the Food and Drug Administration for the treatment of abnormalities of the eye or its appendages.

    Sec. 8.  NRS 636.025 is hereby amended to read as follows:

    636.025  1.  The acts [enumerated] set forth in this section, or any of them, whether done severally, collectively or in combination with other acts that are not [enumerated] set forth in this section constitute practice in optometry within the purview of this chapter:

    (a) Advertisement or representation as an optometrist.

    (b) Adapting, or prescribing or dispensing, without prescription by a [licensed Nevada] practitioner of optometry or medicine [,] licensed in this state, any ophthalmic lens, frame or mounting, or any part thereof, for correction, relief or remedy of any abnormal condition or insufficiency of the eye or any appendage or visual process .


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ê1999 Statutes of Nevada, Page 1915 (Chapter 404, AB 432)ê

 

eye or any appendage or visual process . [thereof.] The provisions of this subsection do not prevent an optical mechanic from doing the mere mechanical work of replacement or duplication of the ophthalmic lens or prevent a licensed dispensing optician from engaging in the practice of ophthalmic dispensing.

    (c) The examination of the human eye and its appendages, the measurement of the powers or range of human vision, the determination of the accommodative and refractive states of the eye or the scope of its function in general , or the diagnosis or determination of any visual, muscular, neurological, interpretative or anatomic anomalies or deficiencies of the eye or its appendages or visual processes.

    (d) Prescribing, directing the use of or using any optical device in connection with ocular exercises, orthoptics or visual training.

    (e) The prescribing of contact lenses.

    (f) The measurement, fitting or adaptation of contact lenses to the human eye except under the direction and supervision of a physician, surgeon or optometrist licensed in the State of Nevada.

    (g) The topical use of diagnostic pharmaceutical agents to determine any visual, muscular, neurological, interpretative or anatomic anomalies or deficiencies of the eye or its appendages or visual processes.

    (h) Prescribing, directing the use of or using a therapeutic pharmaceutical agent to treat an abnormality of the eye or its appendages.

    (i) Removing a foreign object from the surface or epithelium of the eye.

    (j) The ordering of laboratory tests to assist in the diagnosis of an abnormality of the eye or its appendages.

    2.  The provisions of this section do not authorize an optometrist to engage in any practice which includes:

    (a) The incision or suturing of the eye or its appendages; or

    (b) The use of lasers for surgical purposes . [; or

    (c) The treatment of glaucoma.]

    Sec. 9.  NRS 636.350 is hereby amended to read as follows:

    636.350  [A licensee]

    1.  An optometrist shall not [be entitled to] practice optometry under an assumed or fictitious name [.] unless he has been issued a certificate of registration by the board to practice optometry under an assumed or fictitious name.

    2.  An optometrist who applies for a certificate of registration to practice optometry under an assumed or fictitious name must submit to the board an application on a form provided by the board.

    3.  Each optometrist who is issued a certificate of registration pursuant to this section shall:

    (a) Comply with the provisions of chapter 602 of NRS; and

    (b) Display or cause to be displayed near the entrance of his business his full name and the words or letters that designate him as an optometrist.

    4.  The board shall adopt regulations that prescribe the requirements for the issuance of a certificate of registration to practice optometry under an assumed or fictitious name.


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ê1999 Statutes of Nevada, Page 1916 (Chapter 404, AB 432)ê

 

    5.  As used in this section, “assumed or fictitious name” means a name that is not the real name of each person who owns an interest in a business.

    Sec. 10.  NRS 652.210 is hereby amended to read as follows:

    652.210  No person other than a licensed physician, a licensed optometrist, a licensed practical nurse, a registered nurse, a licensed or certified physician’s assistant, a certified intermediate emergency medical technician, a certified advanced emergency medical technician or a licensed dentist may manipulate a person for the collection of specimens, except that technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

    Sec. 11.  NRS 453.126 is hereby amended to read as follows:

    453.126  “Practitioner” means:

    1.  A physician, dentist, veterinarian or podiatric physician who holds a [valid] license to practice his profession in this state and is registered pursuant to this chapter.

    2.  An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy [permitting] authorizing him to dispense controlled substances.

    3.  A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise [permitted by] authorized in this state to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.

    4.  A euthanasia technician who is licensed by the Nevada state board of veterinary medical examiners and registered pursuant to this chapter, [when] while he possesses or administers sodium pentobarbital pursuant to his license and registration.

    5.  A physician’s assistant who:

    (a) Holds a license from the board of medical examiners or a certificate from the state board of osteopathic medicine; and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician or osteopathic physician as required by chapter 630 or 633 of NRS.

    6.  An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents  pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.

    Sec. 12.  NRS 453.128 is hereby amended to read as follows:

    453.128  1.  “Prescription” means:

    (a) An order given individually for the person for whom prescribed, directly from a physician, physician’s assistant, dentist, podiatric physician , optometrist or veterinarian, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist [.] ; or

    (b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.


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ê1999 Statutes of Nevada, Page 1917 (Chapter 404, AB 432)ê

 

    2.  [“Prescription”] The term does not include a chart order written for an inpatient for use while he is an inpatient.

    Sec. 13.  NRS 453.336 is hereby amended to read as follows:

    453.336  1.  [It is unlawful for a] A person shall not knowingly or intentionally [to] possess a controlled substance , unless the substance was obtained directly from, or pursuant to, a [valid] prescription or order of a physician, physician’s assistant, dentist, podiatric physician , optometrist or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.

    2.  Except as otherwise provided in subsections 3, 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

    (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

    (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

    (c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

    (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

    3.  Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

    4.  Unless a greater penalty is provided in NRS 212.160, a person who is [under] less than 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:

    (a) For the first and second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    (b) For a third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

    5.  Before sentencing under the provisions of subsection 4 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176A.200. After the report is received but before sentence is pronounced the court shall:

    (a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and


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ê1999 Statutes of Nevada, Page 1918 (Chapter 404, AB 432)ê

 

    (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information.

    6.  As used in this section, “controlled substance” includes flunitrazepam, gamma‑hydroxybutyrate and each substance for which flunitrazepam or gamma‑hydroxybutyrate is an immediate precursor.

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CHAPTER 405, AB 451

Assembly Bill No. 451–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 405

 

AN ACT relating to explosives; providing for inspections by various state and local agencies of certain regulated facilities where certain explosives are manufactured, used, processed, handled, moved on site or stored; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The division shall enter into cooperative agreements with state and local agencies to provide inspections of regulated facilities where explosives are manufactured, or where an explosive is used, processed, handled, moved on site or stored in relation to its manufacture. The division shall schedule the inspections in such a manner as to provide an opportunity for participation by:

    (a) A representative of the fire-fighting agency that exercises jurisdiction over the regulated facility;

    (b) A representative of the law enforcement agency that exercises jurisdiction over the regulated facility; and

    (c) Representatives of the division and any other state agency responsible for minimizing risks to persons and property posed by such regulated facilities.

    2.  The owner or operator of such a regulated facility shall make the facility available for the inspections required by this section at such times as are designated by the division.

    3.  Any inspection of a regulated facility conducted pursuant to this section is in addition to, and not in lieu of, any other inspection of the facility required or authorized by state statute or local ordinance.

    4.  Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.

    5.  Except as otherwise provided in subsection 6, as used in this section, “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion, or detonation of the compound, mixture or device or any part thereof may cause an explosion.


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ê1999 Statutes of Nevada, Page 1919 (Chapter 405, AB 451)ê

 

ignition by fire, friction, concussion, percussion, or detonation of the compound, mixture or device or any part thereof may cause an explosion.

    6.  For the purposes of this section, an explosive does not include:

    (a) Ammunition for small arms, or any component thereof;

    (b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

         (1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

         (2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

    (c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.

    Sec. 2.  NRS 459.3802 is hereby amended to read as follows:

    459.3802  As used in NRS 459.380 to 459.3874, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 459.3804 to 459.3812, inclusive, have the meanings ascribed to them in those sections.

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

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CHAPTER 406, AB 452

Assembly Bill No. 452–Committee on Transportation

 

CHAPTER 406

 

AN ACT relating to vehicles; prohibiting the inclusion of certain statements regarding mileage in certain certificates of ownership; revising the provisions governing the sale of a vehicle as salvage; renaming a certificate of dismantling as a salvage title; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  NRS 482.245 is hereby amended to read as follows:

    482.245  1.  The certificate of registration must contain upon the face thereof the date issued, the registration number assigned to the vehicle, the legal name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the department.

    2.  The certificate of ownership must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicle’s odometer as provided to the department by the person making the sale or transfer, the word “rebuilt” if it is a rebuilt vehicle, and such other statement of facts as may be determined by the department.


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ê1999 Statutes of Nevada, Page 1920 (Chapter 406, AB 452)ê

 

provided to the department by the person making the sale or transfer, the word “rebuilt” if it is a rebuilt vehicle, and such other statement of facts as may be determined by the department. The reverse side of the certificate of ownership must contain forms for notice to the department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee. If a new certificate of ownership is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate. Except as otherwise required by federal law, the certificate of ownership of a vehicle which the department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.

    Sec. 2.  NRS 482.470 is hereby amended to read as follows:

    482.470  1.  If any vehicle is dismantled, junked or rendered inoperative and unfit for further use in accordance with the original purpose for which it was constructed, the owner shall deliver to the department any certificate of registration and certificate of ownership issued by the department or any other jurisdiction, unless the certificate of ownership is required for the collection of any insurance or other indemnity for the loss of the vehicle, or for transfer in order to dispose of the vehicle.

    2.  Any other person taking possession of a vehicle described in subsection 1 shall immediately deliver to the department any license plate or plates, certificate of registration or certificate of ownership issued by the department or any other jurisdiction, if he has acquired possession of any of these and unless the certificate of ownership is required for a further transfer in the ultimate disposition of the vehicle.

    3.  The department may issue a [certificate of dismantling,] salvage title as provided in chapter 487 of NRS. The department shall not charge a fee for the issuance of the [certificate.] salvage title.

    4.  The department shall destroy any plate or plates, certificate of registration or certificate of ownership that is returned in a manner described in subsections 1 and 2. The department shall not issue a certificate of registration or certificate of ownership for a vehicle with the same identification number as the dismantled, junked or inoperative vehicle if the vehicle was manufactured in the 5 years preceding the date on which it was dismantled, junked or otherwise rendered inoperative, unless the department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.

    Sec. 3.  NRS 487.100 is hereby amended to read as follows:

    487.100  1.  Except as otherwise provided in subsection 2, any automobile wrecker purchasing from any person other than a licensed operator of a salvage pool, any vehicle subject to registration pursuant to the laws of this state shall forward to the department the certificates of ownership and registration last issued therefor.

    2.  The certificate of ownership last issued for a mobile home or commercial coach must be sent by the wrecker to the manufactured housing division.


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ê1999 Statutes of Nevada, Page 1921 (Chapter 406, AB 452)ê

 

    3.  The state agency may issue to the licensee a [certificate of dismantling,] salvage title containing a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle. The state agency shall not charge a fee for the issuance of the [certificate.] salvage title.

    Sec. 4.  NRS 487.120 is hereby amended to read as follows:

    487.120  1.  If the applicant for a [certificate of dismantling] salvage title is unable to furnish the certificates of ownership and registration last issued for the vehicle or a bill of sale of salvage, the state agency may accept the application, examine the circumstances of the case and require the filing of suitable affidavits or other information or documents. If satisfied that the applicant is entitled to a [certificate of dismantling,] salvage title, the state agency may issue the [certificate.] salvage title.

    2.  No duplicate certificate of ownership or registration may be issued when a [certificate of dismantling] salvage title is applied for, and no fees are required for the affidavits of any stolen, lost or damaged certificate, or duplicates thereof, unless the vehicle is subsequently registered.

    Sec. 5.  NRS 487.130 is hereby amended to read as follows:

    487.130  If any person acquires a vehicle as transferee for the purpose of dismantling or wrecking [the same,] it, the title to the vehicle [shall] must be transferred to the person without payment of any fee upon application for the issuance of a [certificate of dismantling.] salvage title.

    Sec. 6.  NRS 487.150 is hereby amended to read as follows:

    487.150  No vehicle for which a [certificate of dismantling] salvage title has been issued may subsequently be registered until it has been inspected by the department and found to be in a safe mechanical condition and equipped with safety glass.

    Sec. 7.  NRS 487.160 is hereby amended to read as follows:

    487.160  1.  The department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker:

    (a) Is not lawfully entitled thereto;

    (b) Has made, or knowingly or negligently permitted, any illegal use of that license;

    (c) Has failed to return a [certificate of dismantling] salvage title to the state agency when and as required of him by NRS 487.045 to 487.190, inclusive; or

    (d) Has failed to surrender to the state agency certificates of ownership for vehicles before beginning to dismantle or wreck the vehicles.

    2.  The applicant or licensee may, within 30 days after receipt of the notice of refusal, suspension or revocation, petition the department in writing for a hearing.

    3.  Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.

    4.  The department may suspend, revoke or refuse to renew a license of an automobile wrecker, or deny a license to an applicant therefor, if the licensee or applicant:


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ê1999 Statutes of Nevada, Page 1922 (Chapter 406, AB 452)ê

 

    (a) Does not have or maintain an established place of business in this state.

    (b) Made a material misstatement in any application.

    (c) Willfully fails to comply with any provision of NRS 487.045 to 487.190, inclusive.

    (d) Fails to furnish and keep in force any bond required by NRS 487.050 to 487.190, inclusive.

    (e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.

    (f) Fails to maintain any license or bond required by a political subdivision of this state.

    (g) Has been convicted of a felony.

    (h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

    (i) Fails or refuses to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 7.

    5.  If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.

    6.  The department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.

    7.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy any financial obligation related to the business of dismantling, scrapping, processing or wrecking of vehicles, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 487.050 to 487.200, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

    8.  For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of his noncompliance with any provision of NRS 487.045 to 487.190, inclusive, or regulations of the state agency, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.

    Sec. 8.  NRS 487.250 is hereby amended to read as follows:

    487.250  1.  The state agency or political subdivision shall, within 48 hours after the appraisal , notify the head of the state agency of the removal of the vehicle. The notice must contain:

    (a) A description of the vehicle.

    (b) The appraised value of the vehicle.

    (c) A statement as to whether the vehicle will be junked, dismantled or otherwise disposed of.


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ê1999 Statutes of Nevada, Page 1923 (Chapter 406, AB 452)ê

 

    2.  The person who removed the vehicle must notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.

    3.  Failure to reclaim within 15 days after notification a vehicle appraised at $500 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.

    4.  If all recorded interests in a vehicle appraised at $500 or less are waived, either as provided in subsection 3 or by written disclaimer by any person having an interest in the vehicle, the state agency shall issue a [certificate of dismantling] salvage title to the automobile wrecker who towed the vehicle or to whom the vehicle may have been delivered, or a certificate of ownership to the garage owner if he elects to retain the vehicle and the vehicle is equipped as required by chapter 484 of NRS.

    Sec. 9.  NRS 487.270 is hereby amended to read as follows:

    487.270  1.  Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage or the automobile wrecker who towed the vehicle has a lien on the vehicle for the costs of towing and storing for a period not exceeding 90 days.

    2.  If the vehicle is appraised at a value of $500 or less and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage or automobile wrecker may satisfy his lien by retaining the vehicle and obtaining a certificate of ownership thereto or a [certificate of dismantling] salvage title as provided in NRS 487.250.

    3.  If the vehicle is appraised at a value of more than $500 and is not reclaimed within 45 days, the owner of the garage or automobile wrecker may satisfy his lien, in accordance with the provisions of NRS 108.265 to 108.360, inclusive.

    Sec. 10.  NRS 487.480 is hereby amended to read as follows:

    487.480  1.  Before an operator of a salvage pool sells any vehicle subject to registration pursuant to the laws of this state, he must have in his possession the certificate of ownership or a bill of sale of salvage for that vehicle. He shall, within 10 days after completion of the transaction, forward the certificate of ownership or bill of sale of salvage to the department. The department shall not issue a certificate of registration or certificate of ownership for a vehicle with the same identification number if the vehicle was manufactured in the 5 years preceding the date on which the operator forwards the certificates to the department, unless the department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.

    2.  Upon sale of the vehicle, the operator of the salvage pool shall provide a bill of sale of salvage to the licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder on a form prescribed and supplied by the department. The department shall accept the bill of sale of salvage in lieu of the certificate of ownership or other evidence of title from the:

    (a) Automobile wrecker , if the bill of sale of salvage is accompanied by an appropriate application for a [certificate of dismantling;] salvage title; or


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ê1999 Statutes of Nevada, Page 1924 (Chapter 406, AB 452)ê

 

    (b) Dealer of new or used motor vehicles or rebuilder when he licenses the vehicle for operation or transfers ownership of it, if the bill of sale of salvage is accompanied by an appropriate application, all other required documents and fees, and a certificate of inspection signed by an employee of the department attesting to the mechanical fitness and safety of the vehicle.

    3.  The department may issue to:

    (a) The licensed automobile wrecker;

    (b) A licensed operator of a salvage pool;

    (c) A dealer of new or used motor vehicles who is licensed in another state [;] or foreign country and is registered with a salvage pool; or

    (d) An automobile wrecker or dismantler who is licensed in another state [, a certificate of dismantling] or foreign country and is registered with a salvage pool,

a salvage title that contains a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle. Except as otherwise provided in this subsection, the department shall charge and collect a fee of $10 for the issuance of a [certificate of dismantling] salvage title pursuant to this subsection. The department shall not charge such a fee for the issuance of a [certificate of dismantling] salvage title to an automobile wrecker licensed in this state. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers, body shops and garages. Possession of a [certificate of dismantling] salvage title does not entitle a person to dismantle, scrap, process or wreck any vehicle in this state unless the person holds a license issued pursuant to NRS 487.050.

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

________

 

CHAPTER 407, AB 492

Assembly Bill No. 492–Assemblyman Humke (by request)

 

CHAPTER 407

 

AN ACT relating to schools for training drivers; revising the qualifications of an applicant for a license to operate such a school; authorizing the school to offer or provide training to certain minors; increasing the period of a license to operate the school; increasing the amount of liability insurance required for a person who operates the school; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  NRS 483.710 is hereby amended to read as follows:

    483.710  An applicant for a license to operate a school for training drivers must:

    1.  Be of good moral character.

    2.  Maintain an established place of business :

    (a) That is open to the public [which] ;

    (b) That is not within 200 feet of any building used by the department as an office [.] ; and


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ê1999 Statutes of Nevada, Page 1925 (Chapter 407, AB 492)ê

 

    (c) Where the records of the school are maintained.

    3.  Have the equipment necessary to give proper instruction in the operation of motor vehicles.

    4.  Be 21 years of age or older.

    5.  Hold a valid driving instructor’s certificate issued by the state department of education in accordance with regulations prescribed by the state board of education governing the qualifications of instructors in privately owned schools for training drivers.

    6.  Have at least 100 hours of experience as an instructor operating vehicles with pupils at a school for training drivers, if the school for which the applicant is applying for a license will provide that training to pupils enrolled at the school.

    7.  File with the department a surety bond in the amount of $10,000 to the department, executed by the applicant as principal with a corporation authorized to transact surety business in this state as surety. The bond must be continuous in form and conditioned that the operator conduct the business of the school as an instructional institution without fraud or fraudulent representation. Upon application by an operator, the department may reduce the amount of the bond required to an amount not less than $5,000 if the operator has satisfactorily conducted his school for the 5 years immediately preceding the application for reduction.

    Sec. 2.  NRS 483.723 is hereby amended to read as follows:

    483.723  [No] A school for training drivers may not offer or provide training [or allow training to be provided by the school] to a person whose age is less than 15 years [.] unless the person has been issued:

    1.  A restricted license pursuant to the provisions of NRS 483.267 or 483.270; or

    2.  A restricted instruction permit pursuant to the provisions of subsection 3 of NRS 483.280.

    Sec. 3.  NRS 483.730 is hereby amended to read as follows:

    483.730  1.  The department shall issue a license to operate a school for training drivers or to act as an instructor for such a school, if it is satisfied that the applicant has met the qualifications required by NRS 483.700 to 483.780, inclusive.

    2.  The license is valid for [2] 5 years after the date of issuance, unless canceled, suspended or revoked by the department and , except as otherwise provided in subsection 3, may be renewed subject to the same conditions as the original license.

    3.  The department may renew the license of an instructor of a school for training drivers if, when he submits his application for the renewal of his license, he provides evidence satisfactory to the department that, during the period of the license, he completed at least six credits of continuing education by attending:

    (a) A course of instruction relating to the training of drivers approved by the department; or

    (b) A state or national conference approved by the department of education for credit for continuing education.


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ê1999 Statutes of Nevada, Page 1926 (Chapter 407, AB 492)ê

 

    4.  In determining whether an instructor has complied with the provisions of subsection 3, the department shall award one credit of continuing education for the completion of each 15 hours of:

    (a) Classroom instruction in a course specified in paragraph (a) of subsection 3; or

    (b) Attendance at a conference specified in paragraph (b) of subsection 3.

    Sec. 4.  NRS 483.740 is hereby amended to read as follows:

    483.740  1.  A person operating a school for training drivers shall maintain liability insurance on motor vehicles used in driving instruction, insuring the liability of the driving school, the driving instructor [,] and any person taking instruction, in at least the following amounts:

    (a) For bodily injury to or death of one person in any one accident, [$20,000;] $100,000;

    (b) For bodily injury to or death of two or more persons in any one accident, [$40,000;] $300,000; and

    (c) For damage to property of others in any one accident, [$10,000.] $50,000.

    2.  Evidence of the insurance coverage in the form of a certificate from the insurance carrier must be filed with the department . [and the] The certificate must stipulate that the insurance may not be canceled except upon 10 days’ written notice to the department.

    Sec. 5.  The requirements for continuing education set forth in NRS 483.730 do not apply to the renewal of a license of an instructor for a school for training drivers before October 1, 2001.

________

 

CHAPTER 408, AB 493

Assembly Bill No. 493–Assemblymen Giunchigliani, Arberry, Williams, Parks, Collins, Manendo, Ohrenschall, Bache, Segerblom, Neighbors, Buckley, Perkins, Thomas, Gibbons and Anderson

 

CHAPTER 408

 

AN ACT relating to regional planning; providing for the establishment of a regional planning coalition in certain counties; setting forth the powers and duties of the regional planning coalition; requiring certain entities to submit certain plans to the regional planning coalition for review and recommendations; authorizing a city or county to establish its own policies and procedures with respect to regional planning in certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

    Sec. 2.  As used in sections 2 and 4 to 12, inclusive, of this act, unless the context otherwise requires, “regional planning coalition” means the regional planning coalition established pursuant to section 4 of this act.

    Sec. 3.  1.  The legislature recognizes the need for innovative strategies of planning and development that:


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ê1999 Statutes of Nevada, Page 1927 (Chapter 408, AB 493)ê

 

    (a) Address the anticipated needs and demands of continued urbanization and the corresponding need to protect environmentally sensitive areas; and

    (b) Will allow the development of less populous regions of this state if such regions:

         (1) Seek increased economic development; and

         (2) Have sufficient resources of land and water to accommodate development in a manner that is environmentally sound.

    2.  The legislature further recognizes that innovative strategies of planning and development may be superior to conventional strategies of planning and development with respect to:

    (a) Protecting environmentally sensitive areas;

    (b) Maintaining the economic viability of agricultural and other predominantly rural land uses; and

    (c) Providing cost-effective public facilities and services.

    3.  It is the intent of the legislature that each comprehensive regional policy plan adopted or amended pursuant to this chapter should set forth a process of planning which:

    (a) Allows for:

         (1) The efficient use of land within existing urban areas; and

         (2) The conversion of rural lands to other uses, if such other uses are appropriate and consistent with the provisions of this chapter and the master plan of each affected city and county.

    (b) Uses innovative and flexible strategies of planning and development and creative techniques of land use planning which promote sustainable growth, including, without limitation, establishment of new towns, the maintenance of open space and mixed-use development.

    4.  It is the further intent of the legislature that when the governing body of a local government adopts a master plan or zoning regulation, the plan or regulation should promote a strategy of maximizing the use of existing facilities and services through redevelopment, interspersion of new housing and businesses in established neighborhoods and other mechanisms for urban revitalization.

    5.  It is the further intent of the legislature that the construction of public facilities and the provision of services necessary to support development should be coordinated with activities of development to ensure that demand for such facilities and services can be met at the time the demand is created. In carrying out this intent, local and regional governmental entities are encouraged to construct public facilities, provide services or carry out development in phases. Public facilities constructed and services provided to accommodate new development should be consistent with plans for capital improvements prepared pursuant to NRS 278.0226.

    Sec. 4.  In a county whose population is 400,000 or more, the board of county commissioners and the city council of each of at least the three largest cities in the county shall establish a regional planning coalition by cooperative agreement pursuant to chapter 277 of NRS.


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

ê1999 Statutes of Nevada, Page 1928 (Chapter 408, AB 493)ê

 

    Sec. 5.  1.  The regional planning coalition shall develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.

    2.  In developing the plan, the coalition:

    (a) May consult with other entities that are interested or involved in regional planning within the county.

    (b) Shall ensure that the comprehensive regional policy plan includes goals, policies, maps and other documents relating to:

         (1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.

         (2) Population, including, without limitation, a projection of population growth in the region.

         (3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region.

         (4) Transportation.

         (5) Public facilities and services.

         (6) Air quality.

         (7) Strategies to promote and encourage:

             (I) The interspersion of new housing and businesses in established neighborhoods; and

             (II) Development in areas in which public services are available.

    3.  The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:

    (a) Carried by the affirmative votes of not less than two-thirds of its total membership; and

    (b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to section 4 of this act.

    Sec. 6.  1.  The regional planning coalition shall study and develop methods to provide incentives for the interspersion of new housing and businesses in established neighborhoods, including, without limitation, the:

    (a) Creation of an expedited process for granting necessary permits for a development that features such interspersion; and

    (b) Imposition of a fee for the extension of infrastructure to encourage such interspersion.

    2.  As used in this section, “infrastructure” means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, community centers, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.


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ê1999 Statutes of Nevada, Page 1929 (Chapter 408, AB 493)ê

 

    Sec. 7.  1.  The regional planning coalition may:

    (a) Coordinate sources of information;

    (b) Recommend measures to increase the efficiency of governmental entities and services;

    (c) Make recommendations regarding the disposal of federal land;

    (d) Establish methods for resolving issues related to boundaries and other matters that arise between jurisdictions;

    (e) Review:

         (1) Master plans, facilities plans and other similar plans, and amendments thereto, adopted by a governing body, regional agency, state agency or public utility that is located in whole or in part within the region; and

         (2) The annual plan for capital improvements that is prepared by each local government in the region pursuant to NRS 278.0226;

    (f) Develop and recommend, to the extent practicable, standardized classifications for land use for the region;

    (g) Consider and take necessary action with respect to any issue that the regional planning coalition determines will have a significant impact on the region, including, without limitation, projects of regional significance;

    (h) Review, consider and make recommendations regarding applications submitted to agencies of the Federal Government and applications for federal assistance for federally-assisted programs or projects; and

    (i) Designate allowable future land uses for each part of the county, including, without limitation, the identification of each category of land use in which the construction and operation of a public school is permissible. The identification of a category of land use in which the construction and operation of a public school is permissible must be carried out in consultation with the county school district and include a determination of whether there is sufficient land in the proximity of a residential development to meet projected needs for public schools.

    2.  The regional planning coalition shall establish a definition for the term “project of regional significance.” In establishing the definition, the regional planning coalition shall consider:

    (a) Existing definitions of the term within the Nevada Revised Statutes; and

    (b) That a project may have regional significance for several reasons, including, without limitation, the potential impact that the project may have on historic, archaeological, cultural, scenic and natural resources, public facilities and public services within the region.

    Sec. 8.  Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, not more than once every 2 years, submit to the regional planning coalition for its review all master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility.

    Sec. 9.  Except as otherwise provided in this section, a governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall not adopt a master plan, facilities plan or other similar plan, or an amendment thereto, after March 1, 2001, unless the regional planning coalition has been afforded an opportunity to make recommendations regarding the plan or amendment.


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ê1999 Statutes of Nevada, Page 1930 (Chapter 408, AB 493)ê

 

regional planning coalition has been afforded an opportunity to make recommendations regarding the plan or amendment. A governing body, regional agency, state agency or public utility may adopt an amendment to a land use plan described in paragraph (f) of subsection 1 of NRS 278.160 without affording the regional planning coalition the opportunity to make recommendations regarding the amendment.

    Sec. 10.  The regional planning coalition shall, on or before July 1 of each year, prepare and adopt a budget for the immediately succeeding fiscal year and shall submit that budget to each of the local governments within the region as a recommendation for funding.

    Sec. 11.  The regional planning coalition may employ persons or contract for services necessary to carry out:

    1.  The provisions of sections 2 and 4 to 12, inclusive, of this act; and

    2.  Other responsibilities set forth in the cooperative agreement pursuant to which the regional planning coalition was established pursuant to section 4 of this act.

    Sec. 12.  1.  Not more than once every 2 years, the regional planning coalition shall review the master plans, facilities plans and other similar plans that it receives pursuant to section 8 of this act, and determine whether those plans are in substantial conformance with the comprehensive regional policy plan.

    2.  If the regional planning coalition determines that a plan reviewed pursuant to subsection 1 is not in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall return the plan to the submitting entity accompanied by recommendations regarding the manner in which the submitting entity may bring the plan into substantial conformance with the comprehensive regional policy plan.

    3.  Within 90 days after the date on which a submitting entity receives the plan and recommendations from the regional planning coalition pursuant to subsection 2, the submitting entity shall provide to the regional planning coalition a written response setting forth the:

    (a) Manner in which the submitting entity changed the plan to be in substantial conformance with the comprehensive regional policy plan; or

    (b) Reasons of the submitting entity for not bringing the plan into substantial conformance.

    4.  If the regional planning coalition determines that all the plans that a city or county is required to submit pursuant to section 8 of this act are in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall issue to the city or county a certificate or other indicia of that determination. Upon receipt of such a certificate or other indicia, the city or county, until the next time the regional planning coalition reviews the plans of the city or county pursuant to subsection 1, is entitled to establish its own policies and procedures with respect to regional planning, to the extent that those policies and procedures do not conflict with federal or state law.


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ê1999 Statutes of Nevada, Page 1931 (Chapter 408, AB 493)ê

 

    Sec. 13.  Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, on or before May 1, 2000, submit to the regional planning coalition for its review all existing master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility.

    Sec. 14.  The regional planning coalition:

    1.  Shall:

    (a) On or before March 1, 2001:

         (1) Adopt a comprehensive regional policy plan in accordance with section 5 of this act. Before approving the plan, the regional planning coalition shall hold public hearings on the proposed plan in the cities and unincorporated areas within the county.

         (2) In cooperation with local governmental entities within the county, develop guidelines to determine whether master plans, facilities plans and other similar plans established by those entities would conform with the comprehensive regional policy plan.

    (b) On or before July 1, 2001, establish a preliminary definition for the term “project of regional significance.” In establishing the definition, the regional planning commission shall consider the factors set forth in paragraphs (a) and (b) of subsection 2 of section 7 of this act.

    (c) On or before July 1, 2002, review the master plans, facilities plans and other similar plans that it receives pursuant to section 8 of this act, and determine whether those plans are in conformance with the comprehensive regional policy plan.

    2.  May, on or before February 1, 2001, submit three requests for proposed legislation to the legislature if the regional planning coalition determines that the proposed legislation is necessary to:

    (a) Ensure the adequacy and consistency of activities within the region that are related to regional planning; or

    (b) Enable local governmental entities within the region to carry out their authority to govern in a more efficient manner.

    Sec. 15.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

    Sec. 16.  This act becomes effective on January 1, 2000.

________

 


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ê1999 Statutes of Nevada, Page 1932ê

 

CHAPTER 409, AB 503

Assembly Bill No. 503–Assemblyman Hettrick

 

Joint Sponsor: Senator Jacobsen

 

CHAPTER 409

 

AN ACT relating to the department of motor vehicles and public safety; expanding the information that the director of the department of motor vehicles and public safety may release to a licensed private investigator; requiring the private investigator’s licensing board to suspend the license of a private investigator who requests such information for an unauthorized purpose; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  NRS 481.063 is hereby amended to read as follows:

    481.063  1.  The director may charge and collect reasonable fees for official publications of the department and from persons making use of files and records of the department or its various divisions for a private purpose. All money so collected must be deposited in the state treasury for credit to the motor vehicle fund.

    2.  The director may release personal information from a file or record relating to the driver’s license, identification card or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the director.

    3.  Except as otherwise provided in subsection 2, the director shall not release to any person who is not a representative of the welfare division of the department of human resources or an officer, employee or agent of a law enforcement agency , an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415, 253.044 or 253.220, [or] who is not authorized to transact insurance pursuant to chapter 680A of NRS [:] or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

    (a) A list which includes license plate numbers combined with any other information in the records or files of the department;

    (b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

    (c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.


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ê1999 Statutes of Nevada, Page 1933 (Chapter 409, AB 503)ê

 

requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

    4.  Except as otherwise provided in subsections 2 and 5, the director shall not release any personal information from a file or record relating to a driver’s license, identification card or title or registration of a vehicle.

    5.  Except as otherwise provided in subsection 6, if a person or governmental entity appears in person or by its representative, provides a description of the information requested and its proposed use and signs an affidavit to that effect, the director may release any personal information from a file or record relating to a driver’s license, identification card or title or registration of a vehicle for use:

    (a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. In addition, the director may, by regulation, establish a procedure whereby a governmental entity may retrieve such information electronically or by written request in lieu of appearing personally and complying with the other requirements of this subsection.

    (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

    (c) In connection with matters relating to:

         (1) The safety of drivers of motor vehicles;

         (2) Safety and thefts of motor vehicles;

         (3) Emissions from motor vehicles;

         (4) Alterations of products related to motor vehicles;

         (5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

         (6) Monitoring the performance of motor vehicles;

         (7) Parts or accessories of motor vehicles;

         (8) Dealers of motor vehicles; or

         (9) Removal of nonowner records from the original records of motor vehicle manufacturers.

    (d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

    (e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

    (f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

    (g) By a private investigator, private patrolman or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.


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ê1999 Statutes of Nevada, Page 1934 (Chapter 409, AB 503)ê

 

    (h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated federally licensed radio or television station for a journalistic purpose. The department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

    (i) In connection with an investigation conducted pursuant to NRS 253.0415, 253.044 or 253.220.

    (j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

    (k) In the bulk distribution of surveys, marketing material or solicitations, if the director has adopted policies and procedures to ensure that:

         (1) The information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations;

         (2) Each person about whom the information is requested has clearly been provided with an opportunity to prohibit such a use; and

         (3) If the person about whom the information is requested prohibits in a timely manner such a use, the bulk distribution will not be directed toward that person.

    6.  Except as otherwise provided in paragraph (j) of subsection 5, a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 5. Such a person shall keep and maintain for 5 years a record of:

    (a) Each person to whom the information is provided; and

    (b) The purpose for which that person will use the information.

The record must be made available for examination by the department at all reasonable times upon request.

    7.  Except as otherwise provided in subsection 2, the director may deny any use of the files and records if he reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

    8.  Except as otherwise provided in NRS 485.316, the director shall not allow any person to make use of information retrieved from the data base created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that data base.

    9.  The director shall adopt such regulations as he deems necessary to carry out the purposes of this section. In addition, the director shall, by regulation, establish a procedure whereby a person who is requesting personal information and has personally appeared before an employee of the department at least once may establish an account with the department to facilitate his ability to request information electronically or by written request if he has submitted to the department proof of his employment or licensure, as applicable, and a signed and notarized affidavit acknowledging:

    (a) That he has read and fully understands the current laws and regulations regarding the manner in which information from the department’s files and records may be obtained and the limited uses which are permitted;

    (b) That he understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;


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ê1999 Statutes of Nevada, Page 1935 (Chapter 409, AB 503)ê

 

    (c) That he understands that a record will be maintained by the department of any information he requests; and

    (d) That he understands that a violation of the provisions of this section is a criminal offense.

    10.  It is unlawful for any person to:

    (a) Make a false representation to obtain any information from the files or records of the department.

    (b) Knowingly obtain or disclose any information from the files or records of the department for any use not permitted by the provisions of this chapter.

    11.  As used in this section, “personal information” means information that reveals the identity of a person, including , without limitation, his photograph, social security number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.

    Sec. 2.  Chapter 648 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A private investigator licensed pursuant to this chapter shall not obtain or seek access to information from the department of motor vehicles and public safety pursuant to subsection 3 of NRS 481.063 for any purpose other than a purpose that is directly related to his investigation of an insurance claim.

    2.  If the board finds that a violation of this section has occurred, the board shall, in addition to any other disciplinary action it deems appropriate, suspend the license of the private investigator.

________

 

CHAPTER 410, AB 311

Assembly Bill No. 311–Committee on Commerce and Labor

 

CHAPTER 410

 

AN ACT relating to employment practices; revising the provisions governing the employment practices of certain employers to prohibit discrimination based upon sexual orientation; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  NRS 610.010 is hereby amended to read as follows:

    610.010  As used in this chapter, unless the context otherwise requires:

    1.  “Agreement” means a written and signed agreement of indenture as an apprentice.

    2.  “Apprentice” means a person who is covered by a written agreement, issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer.

    3.  “Disability” means, with respect to a person:


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ê1999 Statutes of Nevada, Page 1936 (Chapter 410, AB 311)ê

 

    (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

    (b) A record of such an impairment; or

    (c) Being regarded as having such an impairment.

    4.  “Program” means a program of training and instruction as an apprentice in an occupation in which a person may be apprenticed.

    5.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

    Sec. 2.  NRS 610.020 is hereby amended to read as follows:

    610.020  The purposes of this chapter are:

    1.  To open to people, without regard to race, color, creed, sex, sexual orientation, religion, disability or national origin, the opportunity to obtain training that will equip them for profitable employment and citizenship.

    2.  To establish, as a means to this end, an organized program for the voluntary training of persons under approved standards for apprenticeship, providing facilities for their training and guidance in the arts and crafts of industry and trade, with instruction in related and supplementary education.

    3.  To promote opportunities for employment for all persons, without regard to race, color, creed, sex, sexual orientation, religion, disability or national origin, under conditions providing adequate training and reasonable earnings.

    4.  To regulate the supply of skilled workers in relation to the demand for skilled workers.

    5.  To establish standards for the training of apprentices in approved programs.

    6.  To establish a state apprenticeship council with the authority to carry out the purposes of this chapter and provide for local joint apprenticeship committees to assist in carrying out the purposes of this chapter.

    7.  To provide for a state director of apprenticeship.

    8.  To provide for reports to the legislature and to the public regarding the status of the training of apprentices in the state.

    9.  To establish procedures for regulating programs and deciding controversies concerning programs and agreements.

    10.  To accomplish related ends.

    Sec. 3.  NRS 610.150 is hereby amended to read as follows:

    610.150  Every agreement entered into under this chapter must contain:

    1.  The names and signatures of the contracting parties and the signature of a parent or legal guardian if the apprentice is a minor.

    2.  The date of birth of the apprentice.

    3.  The name and address of the sponsor of the program.

    4.  A statement of the trade or craft in which the apprentice is to be trained, and the beginning date and expected duration of the apprenticeship.

    5.  A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction must not be less than 144 hours per year.

    6.  A statement setting forth a schedule of the processes in the trade or division of industry in which the apprentice is to be trained and the approximate time to be spent at each process.


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ê1999 Statutes of Nevada, Page 1937 (Chapter 410, AB 311)ê

 

    7.  A statement of the graduated scale of wages to be paid the apprentice and whether or not compensation is to be paid for the required time in school.

    8.  Statements providing:

    (a) For a specific period of probation during which the agreement may be terminated by either party to the agreement upon written notice to the state apprenticeship council; and

    (b) That after the probationary period the agreement may be canceled at the request of the apprentice, or suspended, canceled or terminated by the sponsor for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and the state apprenticeship council of the final action taken.

    9.  A reference incorporating as part of the agreement the standards of the program as it exists on the date of the agreement and as it may be amended during the period of the agreement.

    10.  A statement that the apprentice will be accorded equal opportunity in all phases of employment and training as an apprentice without discrimination because of race, color, creed, sex, sexual orientation, religion or disability.

    11.  A statement naming the state apprenticeship council as the authority designated pursuant to NRS 610.180 to receive, process and dispose of controversies or differences arising out of the agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the program or collective bargaining agreements.

    12.  Such additional terms and conditions as are prescribed or approved by the state apprenticeship council not inconsistent with the provisions of this chapter.

    Sec. 4.  NRS 610.185 is hereby amended to read as follows:

    610.185  The state apprenticeship council shall suspend for 1 year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in a program under the provisions of this chapter if the Nevada equal rights commission, after notice and hearing, finds that the employer, association or organization has discriminated against an apprentice because of race, color, creed, sex, sexual orientation, religion, disability or national origin in violation of this chapter.

    Sec. 5.  NRS 613.310 is hereby amended to read as follows:

    613.310  As used in NRS 613.310 to 613.435, inclusive, unless the context otherwise requires:

    1.  “Disability” means, with respect to a person:

    (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

    (b) A record of such an impairment; or

    (c) Being regarded as having such an impairment.

    2.  “Employer” means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:

    (a) The United States or any corporation wholly owned by the United States.

    (b) Any Indian tribe.


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ê1999 Statutes of Nevada, Page 1938 (Chapter 410, AB 311)ê

 

    (c) Any private membership club exempt from taxation pursuant to [section 501(c) of the Internal Revenue Code of 1954.] 26 U.S.C. § 501(c).

    3.  “Employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.

    4.  “Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.

    5.  “Person” includes the State of Nevada and any of its political subdivisions.

    6.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

    Sec. 6.  NRS 613.320 is hereby amended to read as follows:

    613.320  1.  The provisions of NRS 613.310 to 613.435, inclusive, do not apply to:

    [1.] (a) Any employer with respect to employment outside this state.

    [2.] (b) Any religious corporation, association or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its religious activities.

    2.  The provisions of NRS 613.310 to 613.435, inclusive, concerning unlawful employment practices related to sexual orientation do not apply to an organization that is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

    Sec. 7.  NRS 613.330 is hereby amended to read as follows:

    613.330  1.  Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:

    (a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to his compensation, terms, conditions or privileges of employment, because of his race, color, religion, sex, sexual orientation, age, disability or national origin; or

    (b) To limit, segregate or classify [employees in any] an employee in a way which would deprive or tend to deprive [any person] him of employment opportunities or otherwise adversely affect his status as an employee, because of his race, color, religion, sex, sexual orientation, age, disability or national origin.

    2.  It is an unlawful employment practice for an employment agency to [fail] :

    (a) Fail or refuse to refer for employment, or otherwise to discriminate against, any person because of [his] the race, color, religion, sex, sexual orientation, age, disability or national origin [, or to classify] of that person; or

    (b) Classify or refer for employment any person on the basis of [his] the race, color, religion, sex, sexual orientation, age, disability or national origin [.] of that person.

    3.  It is an unlawful employment practice for a labor organization:


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ê1999 Statutes of Nevada, Page 1939 (Chapter 410, AB 311)ê

 

    (a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his race, color, religion, sex, sexual orientation, age, disability or national origin;

    (b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive him of employment opportunities, or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of his race, color, religion, sex, sexual orientation, age, disability or national origin; or

    (c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.

    4.  It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including , without limitation, on-the-job training programs, to discriminate against any person because of his race, color, religion, sex, sexual orientation, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

    5.  It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against [persons] a person with physical, aural or visual disabilities by interfering, directly or indirectly, with the use of an aid or appliance, including , without limitation, a guide dog, hearing dog, helping dog or other service animal , by such a person.

    6.  It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a visual or aural disability to keep his guide dog, hearing dog or other service animal with him at all times in his place of employment.

    7.  For the purposes of this section, the terms “guide dog,” “hearing dog,” “helping dog” and “service animal” have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.

    Sec. 8.  NRS 613.340 is hereby amended to read as follows:

    613.340  1.  It is an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any person, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by NRS 613.310 to 613.435, inclusive, or because he has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under NRS 613.310 to 613.435, inclusive.

    2.  It is an unlawful employment practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex, sexual orientation, age, disability or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, sexual orientation, age, physical, mental or visual condition or national origin when religion, sex, sexual orientation, age, physical, mental or visual condition or national origin is a bona fide occupational qualification for employment.


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ê1999 Statutes of Nevada, Page 1940 (Chapter 410, AB 311)ê

 

or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, sexual orientation, age, physical, mental or visual condition or national origin when religion, sex, sexual orientation, age, physical, mental or visual condition or national origin is a bona fide occupational qualification for employment.

    Sec. 9.  NRS 613.350 is hereby amended to read as follows:

    613.350  1.  It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any person, for a labor organization to classify its membership or to classify or refer for employment any person, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any person in any such program, on the basis of his religion, sex, sexual orientation, age, disability or national origin in those instances where religion, sex, sexual orientation, age, physical, mental or visual condition or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

    2.  It is not an unlawful employment practice for an employer to fail or refuse to hire and employ employees, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of his disability in those instances where physical, mental or visual condition is a bona fide and relevant occupational qualification necessary to the normal operation of that particular business or enterprise, if it is shown that the particular disability would prevent proper performance of the work for which the disabled person would otherwise have been hired, classified, referred or prepared under a training or retraining program.

    3.  It is not an unlawful employment practice for an employer to fail or refuse to hire or to discharge a person, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of his age if the person is less than 40 years of age.

    4.  It is not an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if the school or institution is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of the school or institution is directed toward the propagation of a particular religion.

    5.  It is not an unlawful employment practice for an employer to observe the terms of any bona fide plan for employees’ benefits, such as a retirement, pension or insurance plan, which is not a subterfuge to evade the provisions of NRS 613.310 to 613.435, inclusive, as they relate to discrimination against a person because of age, except that no such plan excuses the failure to hire any person who is at least 40 years of age.


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ê1999 Statutes of Nevada, Page 1941 (Chapter 410, AB 311)ê

 

of NRS 613.310 to 613.435, inclusive, as they relate to discrimination against a person because of age, except that no such plan excuses the failure to hire any person who is at least 40 years of age.

    Sec. 10.  NRS 613.380 is hereby amended to read as follows:

    613.380  Notwithstanding any other provision of NRS 613.310 to 613.435, inclusive, it is not an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if those differences are not the result of an intention to discriminate because of race, color, religion, sex, sexual orientation, age, disability or national origin, nor is it an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, if the test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex, sexual orientation, age, disability or national origin.

    Sec. 11.  NRS 613.400 is hereby amended to read as follows:

    613.400  Nothing contained in NRS 613.310 to 613.435, inclusive, requires any employer, employment agency, labor organization or joint labor-management committee subject to NRS 613.310 to 613.435, inclusive, to grant preferential treatment to any person or to any group because of the race, color, religion, sex, sexual orientation, age, disability or national origin of the individual or group on account of an imbalance which exists with respect to the total number or percentage of persons of any race, color, religion, sex, sexual orientation, age, disability or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of that race, color, religion, sex, sexual orientation, age, disability or national origin in any community, section or other area, or in the available work force in any community, section or other area.

    Sec. 12.  NRS 613.405 is hereby amended to read as follows:

    613.405  Any person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.435, inclusive, may file a complaint to that effect with the Nevada equal rights commission if the complaint is based on discrimination because of race, color, sex, sexual orientation, age, disability, religion or national origin.

    Sec. 13.  NRS 281.370 is hereby amended to read as follows:

    281.370  1.  All personnel actions taken by state, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof must be based solely on merit and fitness.

    2.  State, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof shall not refuse to hire a person, discharge or bar any person from employment or discriminate against any person in compensation or in other terms or conditions of employment because of his race, creed, color, national origin, sex, sexual orientation, age, political affiliation or disability, except when based upon a bona fide occupational qualification.


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ê1999 Statutes of Nevada, Page 1942 (Chapter 410, AB 311)ê

 

age, political affiliation or disability, except when based upon a bona fide occupational qualification.

    3.  As used in this section [, “disability”] :

    (a) “Disability” means, with respect to a person:

    [(a)] (1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

    [(b)] (2) A record of such an impairment; or

    [(c)] (3) Being regarded as having such an impairment.

    (b) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

    Sec. 14.  NRS 338.125 is hereby amended to read as follows:

    338.125  1.  It is unlawful for any contractor in connection with the performance of work under a contract with the state, or any of its political subdivisions, when payment of the contract price, or any part of such payment, is to be made from public [funds,] money, to refuse to employ or to discharge from employment any person because of his race, color, creed, national origin, sex , sexual orientation or age, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his race, creed, color, national origin, sex , sexual orientation or age.

    2.  Contracts negotiated between contractors and the state, or any of its political subdivisions, [shall] must contain the following contractual provisions:

 

     In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex , sexual orientation or age [. Such agreement shall include, but not be limited to, the following: Employment,] , including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including , without limitation, apprenticeship.

     The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.

 

    3.  Any violation of such provision by a contractor [shall constitute] constitutes a material breach of contract.

    4.  As used in this section, “sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

    Sec. 15.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 1943ê

 

CHAPTER 411, AB 515

Assembly Bill No. 515–Assemblymen de Braga, Segerblom, Neighbors, Collins, McClain, Chowning, Buckley, Lee, Berman, Gibbons, Price, Ohrenschall, Mortenson, Claborn, Freeman, Evans, Parnell and Koivisto

 

CHAPTER 411

 

AN ACT relating to health insurance; providing that a policy of health insurance must include a provision allowing a woman who is covered by the policy to have direct access to certain health care services for women; prohibiting a managed care organization from committing certain acts that limit the accessibility of its insureds to services provided at certain hospitals and other licensed health care facilities with which the managed care organization has contracted; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  (Deleted by amendment.)

    Sec. 1.5.  NRS 687B.225 is hereby amended to read as follows:

    687B.225  1.  Except as otherwise provided in NRS 689A.0405, 689B.0374, 695B.1912, 695C.1735 and 695G.170, and sections 4.5, 7.5, 13.5 and 16.5 of this act, any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization. The insurer or organization shall:

    (a) File its procedure for obtaining approval of care pursuant to this section for approval by the commissioner; and

    (b) Respond to any request for approval by the insured or member pursuant to this section within 20 days after it receives the request.

    2.  The procedure for prior authorization may not discriminate among persons licensed to provide the covered care.

    Sec. 2.  Chapter 689A of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 4.5 of this act.

    Secs. 3 and 4.  (Deleted by amendment.)

    Sec. 4.5.  1.  A policy of health insurance must include a provision authorizing a woman covered by the policy to obtain covered gynecological or obstetrical services without first receiving authorization or a referral from her primary care physician.

    2.  The provisions of this section do not authorize a woman covered by a policy of health insurance to designate an obstetrician or gynecologist as her primary care physician.

    3.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

    4.  As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.


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ê1999 Statutes of Nevada, Page 1944 (Chapter 411, AB 515)ê

 

    Sec. 5.  Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 7.5 of this act.

    Secs. 6 and 7.  (Deleted by amendment.)

    Sec. 7.5.  1.  A policy of group health insurance must include a provision authorizing a woman covered by the policy to obtain covered gynecological or obstetrical services without first receiving authorization or a referral from her primary care physician.

    2.  The provisions of this section do not authorize a woman covered by a policy of group health insurance to designate an obstetrician or gynecologist as her primary care physician.

    3.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

    4.  As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.

    Secs. 8-10.  (Deleted by amendment.)

    Sec. 11.  Chapter 695B of NRS is hereby amended by adding thereto the provisions set forth as sections 12, 13 and 13.5 of this act.

    Secs. 12 and 13.  (Deleted by amendment.)

    Sec. 13.5.  1.  A contract for hospital or medical service must include a provision authorizing a woman covered by the contract to obtain covered gynecological or obstetrical services without first receiving authorization or a referral from her primary care physician.

    2.  The provisions of this section do not authorize a woman covered by a contract for hospital or medical service to designate an obstetrician or gynecologist as her primary care physician.

    3.  A contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void.

    4.  As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.

    Sec. 14.  Chapter 695C of NRS is hereby amended by adding thereto the provisions set forth as sections 15, 16 and 16.5 of this act.

    Secs. 15 and 16.  (Deleted by amendment.)

    Sec. 16.5.  1.  A health care plan must include a provision authorizing a woman covered by the plan to obtain covered gynecological or obstetrical services without first receiving authorization or a referral from her primary care physician.

    2.  The provisions of this section do not authorize a woman covered by a health care plan to designate an obstetrician or gynecologist as her primary care physician.

    3.  An evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage or the renewal which is in conflict with this section is void.


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ê1999 Statutes of Nevada, Page 1945 (Chapter 411, AB 515)ê

 

    4.  As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.

    Sec. 17.  NRS 695C.050 is hereby amended to read as follows:

    695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

    2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

    3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

    4.  The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 and sections 15, 16 and 16.5 of this act do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid pursuant to a contract with the welfare division of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

    Sec. 17.5.  Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services with a hospital or other licensed health care facility that provides acute care and is located in a city whose population is less than 45,000 or a county whose population is less than 100,000, the managed care organization shall not:

    (a) Prohibit an insured from receiving services covered by the health care plan of the insured at that hospital or licensed health care facility if the services are provided by a provider of health care with whom the managed care organization has contracted for the provision of the services;

    (b) Refuse to provide coverage for services covered by the health care plan of an insured that are provided to the insured at that hospital or licensed health care facility if the services were provided by a provider of health care with whom the managed care organization has contracted for the provision of the services;

    (c) Refuse to pay a provider of health care with whom the managed care organization has contracted for the provision of services for providing services to an insured at that hospital or licensed health care facility if the services are covered by the health care plan of the insured;

    (d) Discourage a provider of health care with whom the managed care organization has contracted for the provision of services from providing services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured; or


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ê1999 Statutes of Nevada, Page 1946 (Chapter 411, AB 515)ê

 

    (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care:

         (1) To provide services to an insured that are covered by the health care plan of the insured at another hospital or licensed health care facility; or

         (2) Not to provide services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured.

    2.  Nothing in this section prohibits a managed care organization from informing an insured that enhanced health care services are available at a hospital or licensed health care facility other than the hospital or licensed health care facility described in subsection 1 with which the managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services.

    Secs. 18-21.  (Deleted by amendment.)

________

 

CHAPTER 412, AB 573

Assembly Bill No. 573–Assemblymen Humke and Freeman

 

CHAPTER 412

 

AN ACT relating to health care facilities; requiring the periodic investigation of the criminal histories of employees and independent contractors of certain health care facilities; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  NRS 449.179 is hereby amended to read as follows:

    449.179  1.  Except as otherwise provided in subsection [4,] 2, within 10 days after hiring an employee [,] or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups shall:

    (a) Obtain a written statement from the employee or independent contractor stating whether he has been convicted of any crime listed in NRS 449.188;

    (b) Obtain [a verbal] an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

    (c) Obtain from the employee or independent contractor two sets of fingerprints and a written authorization to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

    (d) Submit to the central repository for Nevada records of criminal history the fingerprints obtained pursuant to paragraph (c).

    2.  The administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups is not required to obtain the information described in subsection 1 from an employee or independent contractor who provides proof that an investigation of his criminal history has been conducted by the central repository for Nevada records of criminal history within the immediately preceding 6 months and the investigation did not indicate that the employee or independent contractor had been convicted of any crime set forth in NRS 449.188.


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ê1999 Statutes of Nevada, Page 1947 (Chapter 412, AB 573)ê

 

criminal history has been conducted by the central repository for Nevada records of criminal history within the immediately preceding 6 months and the investigation did not indicate that the employee or independent contractor had been convicted of any crime set forth in NRS 449.188.

    3.  The administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups shall ensure that the criminal history of each employee or independent contractor who works at the agency or facility is investigated at least once every 5 years. The administrator or person shall:

    (a) If the agency or facility does not have the fingerprints of the employee or independent contractor on file, obtain two sets of fingerprints from the employee or independent contractor;

    (b) Obtain written authorization from the employee or independent contractor to forward the fingerprints on file or obtained pursuant to paragraph (a) to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

    (c) Submit the fingerprints to the central repository for Nevada records of criminal history.

    4.  Upon receiving fingerprints submitted pursuant to this section, the central repository for Nevada records of criminal history shall determine whether the employee or independent contractor has been convicted of a crime listed in NRS 449.188 and immediately inform the health division [,] and the administrator of, [and] or the person licensed to operate, the agency or facility at which the person [is employed of whether or not] works whether the employee or independent contractor has been convicted of such a crime.

    [3.] 5.  The central repository for Nevada records of criminal history may impose a fee upon an agency or a facility that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The agency or facility may recover from the employee or independent contractor not more than one-half of the fee imposed by the central repository. If the agency or facility requires the employee or independent contractor to pay for any part of the fee imposed by the central repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

    [4.  The provisions of this section do not apply to an employee who has undergone an investigation of his criminal background as a condition to receiving a professional license in this state.]

    Sec. 2.  NRS 449.182 is hereby amended to read as follows:

    449.182  Each agency to provide nursing in the home, facility for intermediate care, facility for skilled nursing and residential facility for groups shall maintain accurate records of the information concerning its employees and independent contractors collected pursuant to NRS 449.179, and shall maintain a copy of the fingerprints submitted to the central repository for Nevada records of criminal history and proof that it submitted two sets of fingerprints to the central repository for its report. These records must be made available for inspection by the health division at any reasonable time and copies thereof must be furnished to the health division upon request.


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ê1999 Statutes of Nevada, Page 1948 (Chapter 412, AB 573)ê

 

    Sec. 3.  NRS 449.185 is hereby amended to read as follows:

    449.185  1.  Upon receiving information from the central repository for Nevada records of criminal history pursuant to NRS 449.179, or evidence from any other source, that [a person who is employed at] an employee or independent contractor of an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.188, the administrator of, or the person licensed to operate, the agency or facility shall terminate the employment or contract of that person after allowing him time to correct the information as required pursuant to subsection 2.

    2.  If an employee or independent contractor believes that the information provided by the central repository is incorrect, he may immediately inform the agency or facility. An agency or facility that is so informed shall give [an] the employee or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the central repository before terminating the employment or contract of the person pursuant to subsection 1.

    3.  An agency or facility that has complied with NRS 449.179 may not be held civilly or criminally liable based solely upon the ground that the agency or facility allowed an employee or independent contractor to work:

    (a) Before it received the information concerning the employee or independent contractor from the central repository;

    (b) During any period required pursuant to subsection 2 to allow the employee or independent contractor to correct [such] that information;

    (c) Based on the information received from the central repository, if the information received from the central repository was inaccurate; or

    (d) Any combination thereof.

An agency or facility may be held liable for any other conduct determined to be negligent or unlawful.

    Sec. 4.  NRS 449.188 is hereby amended to read as follows:

    449.188  1.  In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups to an applicant or may suspend or revoke the license of a licensee to operate such a facility if:

    (a) The applicant or licensee has been convicted of:

         (1) Murder, voluntary manslaughter or mayhem;

         (2) Assault with intent to kill or to commit sexual assault or mayhem;

         (3) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

         (4) Abuse or neglect of a child or contributory delinquency;

         (5) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;

         (6) A violation of any provision of NRS 200.5099 or 200.50955;

         (7) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or


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ê1999 Statutes of Nevada, Page 1949 (Chapter 412, AB 573)ê

 

         [(7)] (8) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

    (b) The licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a).

    2.  In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate an agency to provide nursing in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if the licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

    Sec. 5.  Each employee or independent contractor of an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups who:

    1.  Is working at such an agency or facility on July 1, 1999, shall, not later than July 15, 1999, submit to the administrator of, or the person licensed to operate, that agency or facility a statement, signed under penalty of perjury, that indicates whether the person has been convicted of a violation of any provision of NRS 200.50955 or 200.5099. The statement must include the date and place of each such conviction.

    2.  Begins work at such an agency or facility after July 1, 1999, but before January 1, 2000, and has had an investigation of his criminal history conducted by the central repository for Nevada records of criminal history within the immediately preceding 6 months, shall, not later than 10 days after he begins work at the agency or facility, submit the statement required by subsection 1 to the administrator of, or the person licensed to operate, that agency or facility.

    Sec. 6.  This act becomes effective on July 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 1950ê

 

CHAPTER 413, AB 555

Assembly Bill No. 555–Assemblymen Manendo, Koivisto, Bache, Claborn, Mortenson, Goldwater, Neighbors, Leslie, Gibbons, Price, Freeman, Gustavson, Berman, McClain, Buckley, Carpenter, Ohrenschall, Nolan, Perkins, Williams, Chowning, Humke, Evans, Thomas, Segerblom, Collins, Parks, Giunchigliani, Arberry, Anderson, Lee, Brower, de Braga, Dini, Beers, Parnell, Angle, Tiffany, Von Tobel, Marvel, Hettrick and Cegavske

 

Joint Sponsors: Senators Titus, Wiener, Rawson, Amodei, Care and Washington

 

CHAPTER 413

 

AN ACT relating to charitable annuities; excluding them from the categories of insurance and securities; requiring certain reports; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Chapter 688A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires:

    1.  “Charitable-gift annuity” means an annuity payable over one or two lives issued by a charitable organization in return for a transfer of money or property by the donor, if the actuarial value of the annuity is less than the value of the money or property transferred and a deduction as a charitable contribution is allowable for purposes of federal taxes.

    2.  “Charitable organization” means an artificial person described as such in Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3), or Section 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 170(c).

    3.  “Qualified charitable-gift annuity” means a charitable-gift annuity described in Section 501(m)(5) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(m)(5), and Section 514(c)(5) of the Internal Revenue Code of 1986, 26 U.S.C. § 514(c)(5), which is issued by a charitable organization that on the date of issuance:

    (a) Owns at least $300,000 worth of money, cash equivalents or publicly traded securities, exclusive of the amount transferred to it in return for the annuity; and

    (b) Has operated continuously for at least 3 years or is a successor or affiliate of a charitable organization that has operated continuously for at least 3 years.

The term does not include an annuity for which any person is paid compensation that is contingent upon the issuance of the annuity or based upon the value of the annuity other than a payment for reinsurance to an insurer licensed to issue insurance in this state.


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ê1999 Statutes of Nevada, Page 1951 (Chapter 413, AB 555)ê

 

    Sec. 3.  The issuance of a qualified charitable-gift annuity does not constitute transacting insurance in this state. A charitable-gift annuity issued before October 1, 1999, is a qualified charitable-gift annuity for the purposes of sections 2 to 6, inclusive, of this act.

    Sec. 4.  In an agreement to issue a qualified charitable-gift annuity, the charitable organization shall disclose in writing to the donor that the annuity is not insurance under the laws of this state, is not subject to regulation by the commissioner and is not protected by an insurance guaranty association. The disclosure must be made in a separate paragraph and may not be in a size of type smaller than used generally in the agreement.

    Sec. 5.  1.  A charitable organization that issues qualified charitable-gift annuities shall notify the commissioner in writing on or before December 30, 1999, or the expiration of 90 days after it first enters into an agreement to issue a qualified charitable-gift annuity, whichever is later. The notice must:

    (a) Be signed by an officer or director of the organization;

    (b) Identify the organization; and

    (c) Certify that the organization is a charitable organization and that the annuities are qualified charitable-gift annuities.

    2.  Unless the commissioner demands information to determine the amount of a penalty under section 6 of this act, the organization need submit no other information.

    Sec. 6.  1.  Failure of a charitable organization to comply with the requirements of section 4 or 5 of this act for disclosure or notice, or both, does not disqualify an annuity that otherwise constitutes a qualified charitable-gift annuity.

    2.  The commissioner may demand, by certified mail with return receipt requested, that the organization comply with those requirements, and may impose a fine of not more than $1,000 for each charitable-gift annuity issued before compliance is complete.

________

 

CHAPTER 414, AB 656

Assembly Bill No. 656–Committee on Ways and Means

 

CHAPTER 414

 

AN ACT making a supplemental appropriation to the Division of Insurance of the Department of Business and Industry for additional expenses relating to projected salaries, travel and operating costs; and providing other matters properly relating thereto.

 

[Approved May 29, 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 Division of Insurance of the Department of Business and Industry the sum of $171,070 for additional expenses relating to projected salaries, travel and


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ê1999 Statutes of Nevada, Page 1952 (Chapter 414, AB 656)ê

 

operating costs. This appropriation is supplemental to that made by section 22 of chapter 244, Statutes of Nevada 1997, at page 858.

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

________

 

CHAPTER 415, AB 657

Assembly Bill No. 657–Committee on Ways and Means

 

CHAPTER 415

 

AN ACT making a supplemental appropriation to the Department of Motor Vehicles and Public Safety for additional operating expenses of the Nevada Highway Patrol Division; and providing other matters properly relating thereto.

 

[Approved May 29, 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 highway fund to the Department of Motor Vehicles and Public Safety the sum of $12,160 for additional operating expenses of the Nevada Highway Patrol Division. This appropriation is supplemental to that made by section 28 of chapter 446, Statutes of Nevada 1995, at page 1392.

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

________

 

CHAPTER 416, AB 658

Assembly Bill No. 658–Committee on Ways and Means

 

CHAPTER 416

 

AN ACT making a supplemental appropriation to the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety for additional anticipated expenses; and providing other matters properly relating thereto.

 

[Approved May 29, 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 Division of Parole and Probation of the Department of Motor Vehicles and Public Safety the sum of $387,307 for additional anticipated expenses. This appropriation is supplemental to that made by section 25 of chapter 244, Statutes of Nevada 1997, at page 860.

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

________

 


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ê1999 Statutes of Nevada, Page 1953ê

 

CHAPTER 417, AB 661

Assembly Bill No. 661–Committee on Ways and Means

 

CHAPTER 417

 

AN ACT making a supplemental appropriation to the Department of Motor Vehicles and Public Safety for the payment of a stale claim for a health insurance premium; and providing other matters properly relating thereto.

 

[Approved May 29, 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 highway fund to the Department of Motor Vehicles and Public Safety the sum of $1,359 for the payment of a stale claim for a health insurance premium. This appropriation is supplemental to that made by section 28 of chapter 350, Statutes of Nevada 1993, at page 1121.

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

________

 

CHAPTER 418, AB 674

Assembly Bill No. 674–Committee on Commerce and Labor

 

CHAPTER 418

 

AN ACT relating to commercial transactions; providing for the establishment of provisions regarding the use of digital signatures; authorizing the secretary of state to adopt regulations regarding digital signatures; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  NRS is hereby amended by adding thereto a new Title, designated Title 59 of NRS, and adding to that Title a new chapter to consist of the provisions set forth as sections 2 to 21, inclusive, of this act.

    Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Asymmetric cryptosystem” means an algorithm or series of algorithms that provide a secure key pair.

    Sec. 4.  “Certificate” means a computer-based record that:

    1.  Identifies the certification authority using it;

    2.  Identifies a subscriber;

    3.  Sets forth the public key of the subscriber; and

    4.  Is digitally signed by the certification authority issuing it.

    Sec. 5.  “Certification authority” means a person who issues a certificate.

    Sec. 6.  “Correspond” means, with reference to keys, belonging to the same key pair.

    Sec. 7.  “Digital signature” means a transformation of a message using an asymmetric cryptosystem.


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ê1999 Statutes of Nevada, Page 1954 (Chapter 418, AB 674)ê

 

    Sec. 8.  “Hold a private key” means to be authorized to use a private key.

    Sec. 9.  “Key pair” means a private key and its corresponding public key in an asymmetric cryptosystem, which may be used in such a manner that the public key can verify a digital signature created by the private key.

    Sec. 10.  “Message” means a digital representation of information.

    Sec. 11.  “Private key” means the key of a key pair used to create a digital signature.

    Sec. 12.  “Public key” means the key of a key pair used to verify a digital signature.

    Sec. 13.  “Subscriber” means a person who:

    1.  Is identified as such in a certificate;

    2.  Accepts the certificate; and

    3.  Holds the private key that corresponds to the public key set forth in the certificate.

    Sec. 14.  “Verify a digital signature” means, in relation to a given digital signature, message and public key, to determine accurately that:

    1.  The digital signature was created by the private key corresponding to the public key; and

    2.  The message has not been altered since the digital signature was created.

    Sec. 15.  The provisions of this chapter apply to any transaction for which a digital signature may be used to satisfy a requirement that a document or record be signed or in writing as set forth in section 16 of this act, including, without limitation, transactions carried out by private businesses and transactions carried out by governmental entities.

    Sec. 16.  1.  Except as otherwise provided in subsection 2, if each person or governmental entity who will be involved in the submission and acceptance of a record or other document agrees to the use of a digital signature, where a statute or rule of law requires that the record or other document be signed or in writing, the use of a message which:

    (a) Represents the record or other document; and

    (b) Is transformed by a digital signature,

shall be deemed to satisfy the statute or rule of law with respect to the requirement that the record or other document be signed or in writing.

    2.  The provisions of this section do not apply with respect to:

    (a) A sworn statement;

    (b) An acknowledgment;

    (c) A record or other document that is required to be signed in the presence of a third party; or

    (d) A record or other document with respect to which the requirement that the record or other document must be signed or in writing is accompanied by an additional qualifying requirement.

    Sec. 17.  1.  Except as otherwise provided by specific statute, a public agency may provide that any document submitted to the public agency may be submitted electronically if the document is transformed by a digital signature.


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ê1999 Statutes of Nevada, Page 1955 (Chapter 418, AB 674)ê

 

    2.  As used in this section, “public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision thereof.

    Sec. 18.  1.  A person shall not conduct business as a certification authority without first obtaining a license as a certification authority from the secretary of state.

    2.  The secretary of state may charge a reasonable fee for such licensure.

    Sec. 19.  The secretary of state may:

    1.  Issue injunctions and orders to enforce the provisions of this chapter and any regulations adopted by the secretary of state pursuant thereto.

    2.  Impose a civil penalty not to exceed $10,000 for a willful violation of a provision of this chapter or a regulation adopted by the secretary of state pursuant thereto.

    Sec. 20.  1.  It is unlawful for a person to:

    (a) Forge a digital signature; or

    (b) Provide false information knowingly to the secretary of state with respect to any provision of this chapter or a regulation adopted pursuant thereto that requires such a person to provide information to the secretary of state.

    2.  A person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.

    3.  As used in this section, “forge a digital signature” means to create a digital signature that:

    (a) Is not authorized by the person who holds the private key used to create the digital signature; or

    (b) Although verifiable by a public key, the certificate that contains the public key identifies a subscriber who:

         (1) Does not exist; or

         (2) Does not hold the private key that corresponds to the public key contained in the certificate.

    Sec. 21.  The secretary of state shall adopt regulations regarding digital signatures, including, without limitation, regulations pertaining to:

    1.  The use of a digital signature, including, without limitation, standards for the commercial use of a digital signature;

    2.  Licensure of a certification authority, including, without limitation, professional standards that a certification authority must meet in conducting its business;

    3.  The verification of a digital signature;

    4.  The liability that may be incurred by a subscriber, certification authority or recipient of a message transformed by a digital signature, including, without limitation, the limitation of such liability;

    5.  The use of a digital signature as an acknowledgment, as that term is defined in NRS 240.002;

    6.  The issuance of injunctions and orders and the imposition of civil penalties pursuant to section 19 of this act;

    7.  The status of a private key as personal property;


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ê1999 Statutes of Nevada, Page 1956 (Chapter 418, AB 674)ê

 

    8.  The responsibilities of a subscriber with respect to the use and handling of a private key;

    9.  The confidentiality of information represented in a message that is transformed by a digital signature; and

    10.  Any other aspect of the use or verification of digital signatures that the secretary of state determines to be necessary.

    Sec. 22.  NRS 239.041, 239.042, 239.043 and 239.044 are hereby repealed.

    Sec. 23.  The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

    Sec. 24.  This act becomes effective upon passage and approval.

________

 

CHAPTER 419, AB 94

Assembly Bill No. 94–Committee on Government Affairs

 

CHAPTER 419

 

AN ACT relating to veterans’ affairs; revising certain provisions relating to the account for a veterans’ cemetery in northern Nevada, the account for a veterans’ cemetery in southern Nevada and the veterans’ home account; creating an account for veterans’ affairs, a gift account for veterans’ cemeteries and a gift account for veterans’ homes; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  NRS 417.145 is hereby amended to read as follows:

    417.145  1.  The veterans’ home account is hereby established in the state general fund.

    2.  Money received by the executive director or the deputy executive director from:

    (a) Payments by the Department of Veterans Affairs for veterans who receive care in a veterans’ home;

    (b) Other payments for medical care and services;

    (c) Appropriations made by the legislature for veterans’ homes; and

    (d) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property he is authorized to accept for the use of veterans’ homes, if the use of such gifts has not been restricted by the donor,

must be deposited with the state treasurer for credit to the veterans’ home account.

    3.  Interest and income must not be computed on the money in the veterans’ home account.

    4.  The veterans’ home account must be administered by the executive director, with the advice of the deputy executive director and the Nevada veterans’ services commission, and the money deposited in the veterans’ home account may only be expended for:

    (a) The operation of veterans’ homes;

    (b) A program or service related to a veterans’ home;


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ê1999 Statutes of Nevada, Page 1957 (Chapter 419, AB 94)ê

 

    [(b)] (c) The solicitation of other sources of money to fund a veterans’ home; and

    [(c)] (d) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.

    [3.] 5.  Except as otherwise provided in subsection 7, gifts of personal property which the executive director or the deputy executive director is authorized to receive for the use of veterans’ homes:

    (a) May be sold or exchanged if the sale or exchange is approved by the state board of examiners; or

    (b) May be used in kind if the gifts are not appropriate for conversion to money.

    6.  All money in the veterans’ home account must be paid out on claims approved by the executive director as other claims against the state are paid.

    7.  The gift account for veterans’ homes is hereby established in the state general fund. The executive director [may accept any gift, grant or contribution made for the use of the account. Any such gift, grant or contribution of:

    (a) Money] or the deputy executive director shall use gifts of money or personal property that he is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home, only in the manner designated by the donor. Gifts of money that the executive director or deputy executive director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home must be deposited with the state treasurer for credit to the [account.

    (b) Property other than money may be sold or exchanged if the sale or exchange is approved by the state board of examiners. Money received from the sale or exchange of property pursuant to this paragraph must be deposited with the state treasurer for credit to the account.

    4.] gift account for veterans’ homes. The interest and income earned on the money in the gift account [,] for veterans’ homes, after deducting any applicable charges, must be credited to the gift account [.] for veterans’ homes. Any money remaining in the gift account for veterans’ homes at the end of each fiscal year does not lapse to the state general fund, but must be carried forward into the next fiscal year.

    [5.  All money in the account must be paid out on claims approved by the executive director as other claims against the state are paid.]

    Sec. 2.  NRS 417.147 is hereby amended to read as follows:

    417.147  1.  The executive director shall:

    (a) Take such actions as are necessary for the maintenance and operation of [a veterans’ home] veterans’ homes in this state; and

    (b) Apply for federal grants and other sources of money available for establishing [a veterans’ home.] veterans’ homes. Federal grants and other money received pursuant to this paragraph must be deposited with the state treasurer for credit to the veterans’ home account. A federal grant must be used only as permitted by the terms of the grant.

    2.  The first veterans’ home that is established in this state must be established at a location in southern Nevada determined to be appropriate by the interim finance committee. The interim finance committee shall give preference to a site that is zoned appropriately for the establishment of a veterans’ home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans’ home.


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

ê1999 Statutes of Nevada, Page 1958 (Chapter 419, AB 94)ê

 

preference to a site that is zoned appropriately for the establishment of a veterans’ home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans’ home. The site for the construction of the veterans’ home in southern Nevada must be:

    (a) Located in reasonable proximity to:

         (1) A public transportation system;

         (2) Shopping centers; and

         (3) A major hospital that has a center for the treatment of trauma which is designated as a level II center by the administrator of the health division of the department of human resources.

    (b) Not less than 5 acres in area.

    3.  If an additional veterans’ home is authorized, it must be established in northern Nevada.

    Sec. 3.  NRS 417.220 is hereby amended to read as follows:

    417.220  1.  The account for veterans’ affairs is hereby created in the state general fund.

    2.  Money received by the executive director or the deputy executive director from:

    (a) Fees charged pursuant to NRS 417.210;

    (b) Allowances for burial from the Department of Veterans Affairs [or the Social Security Administration;

    (c) Appropriations made by the legislature for veterans’ cemeteries;] ;

    (c) Receipts from the sale of gifts and general merchandise; and

    (d) Except as otherwise provided in subsection [5,] 6 and NRS 417.145 and 417.147, gifts of money [or] and proceeds derived from the sale of gifts of personal property he is authorized to accept, if the use of such gifts has not been restricted by the donor,

must be deposited with the state treasurer for credit to the account for veterans’ affairs and must be accounted for separately for a veterans’ cemetery in northern Nevada or [the account for] a veterans’ cemetery in southern Nevada, whichever is appropriate . [, in the state general fund.

    2.] 3.  The interest and income earned on the money [in the accounts,] deposited pursuant to subsection 2, after deducting any applicable charges, must be [credited to the accounts.

    3.] accounted for separately. Interest and income must not be computed on:

    (a) Money appropriated from the state general fund to the account for veterans’ affairs.

    (b) Fees charged pursuant to NRS 417.110 that are deposited in the account for veterans’ affairs.

    4.  Except as otherwise provided in subsection [5,] 6, the money [in each account] deposited pursuant to subsection 2 may only be used for the operation and maintenance of the cemetery for which the [account was created.

    4.] money was collected.


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ê1999 Statutes of Nevada, Page 1959 (Chapter 419, AB 94)ê

 

    5.  Except as otherwise provided in subsection [5,] 6, gifts of personal property which the executive director or the deputy executive director is authorized to receive but which are not appropriate for conversion to money may be used in kind.

    [5.] 6.  The gift account for veterans’ cemeteries is hereby created in the state general fund. The executive director or the deputy executive director shall use gifts of money or personal property that he is authorized to accept and for which the donor has restricted to one or more uses at a veterans’ cemetery, only in the manner designated by the donor. Gifts of money that the executive director or the deputy executive director is authorized to accept and for which the donor has restricted to one or more uses at a veterans’ cemetery must be accounted for separately in the [state general fund.

    6.] gift account for veterans’ cemeteries. The interest and income earned on the money deposited pursuant to this subsection must, after deducting any applicable charges, be accounted for separately for a veterans’ cemetery in northern Nevada or a veterans’ cemetery in southern Nevada, as applicable. Any money remaining in the [accounts] gift account for veterans’ cemeteries at the end of each fiscal year does not revert to the state general fund, but must be carried over into the next fiscal year.

    Sec. 4.  NRS 482.3763 is hereby amended to read as follows:

    482.3763  1.  The director shall order the preparation of special license plates in support of [a veterans’ home,] veterans’ homes, and establish procedures for the application for and issuance of the plates.

    2.  The department shall, upon application therefor and payment of the prescribed fees, issue special license plates in support of [a veterans’ home] veterans’ homes to any veteran of the Armed Forces of the United States or his spouse, parent or child. The plates must be inscribed with the word VETERAN and four consecutive numbers, and with the seal of the branch of the Armed Forces of the United States requested by the applicant.

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

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

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

    4.  In addition to all other applicable registration and license fees and motor vehicle privilege taxes, and to the special fee for [a veterans’ home,] veterans’ homes, the fee for:

    (a) The initial issuance of the special license plates is $35.

    (b) The annual renewal sticker is $10.

    5.  If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $10.


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ê1999 Statutes of Nevada, Page 1960 (Chapter 419, AB 94)ê

 

    Sec. 5.  NRS 482.3764 is hereby amended to read as follows:

    482.3764  1.  Before the department issues to any person, pursuant to NRS 482.3763:

    (a) An initial set of special license plates, it shall collect a special fee for [a veterans’ home] veterans’ homes in the amount of $25.

    (b) An annual renewal sticker, it shall collect a special fee for [a veterans’ home] veterans’ homes in the amount of $20.

    2.  The department shall deposit any money collected pursuant to this section with the state treasurer for credit to the veterans’ home account.

    Sec. 6.  NRS 482.3794 is hereby amended to read as follows:

    482.3794  1.  Except as otherwise provided in this subsection, the director shall order the preparation of special license plates for the support of veterans’ cemeteries in this state and establish the procedure for the application for and issuance of the plates. The director shall not order the preparation of the special license plates unless he receives at least 250 applications for the issuance of those plates.

    2.  The department shall, upon application therefor and payment of the prescribed fees, issue special license plates for the support of the veterans’ cemeteries in this state to any person who is a retired member of the Armed Forces of the United States. The plates must be inscribed with the words ARMED FORCES RETIRED and four consecutive numbers, and except as otherwise provided in subsections 3 and 4, with the seal of the branch of the Armed Forces of the United States requested by the applicant.

    3.  Except as otherwise provided in subsection 4, the department shall, upon the request of an applicant, substitute for the seal of the branch of the Armed Forces of the United States the emblem or other insigne of the specific military unit to which the applicant was assigned if:

    (a) The military unit is a recognized unit within the particular branch of the Armed Forces of the United States; and

    (b) At least 250 applicants request the substitution of that emblem or insigne.

    4.  The director may use or imitate a seal, emblem or other insigne of a branch, or unit within that branch, of the Armed Forces of the United States only if that use or imitation complies with the provisions of 10 U.S.C. § 1057, as that section existed on October 1, 1995.

    5.  In addition to all other applicable registration and license fees and privilege taxes, the fee for the initial issuance of the special license plates is $35. The annual renewal fee is $10.

    6.  In addition to all other applicable registration and license fees and privilege taxes, a person who requests special license plates issued pursuant to this section shall pay:

    (a) A fee of $25 for the initial issuance of the plates; and

    (b) A fee of $20 for the annual renewal of the plates,

for the support of veterans’ cemeteries in this state.

    7.  The department shall deposit the fees collected pursuant to subsection 6 with the state treasurer for credit to the account for veterans’ affairs in the state general fund and accounted for separately for a:


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

ê1999 Statutes of Nevada, Page 1961 (Chapter 419, AB 94)ê

 

    (a) [The account for a veterans’] Veterans’ cemetery in northern Nevada [created] pursuant to NRS 417.220, if the plates were issued for a vehicle registered in the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine or Carson City; or

    (b) [The account for a veterans’] Veterans’ cemetery in southern Nevada [created] pursuant to NRS 417.220, if the plates were issued for a vehicle registered in the counties of Lincoln, Nye, Esmeralda or Clark.

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

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

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

    9.  If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may obtain a set of replacement license plates from the department for a fee of $10.

    Sec. 7.  Section 2 of Senate Bill No. 379 of this session is hereby amended to read as follows:

   Sec. 2.  NRS 482.3764 is hereby amended to read as follows:

     482.3764  1.  Before the department issues to any person, pursuant to NRS 482.3763:

     (a) An initial set of special license plates, it shall [collect] :

         (1) Collect a special fee for veterans’ homes in the amount of $25 [.] ; and

         (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in section 1 of Senate Bill No. 379 of this session.

     (b) An annual renewal sticker, it shall [collect] :

         (1) Collect a special fee for veterans’ homes in the amount of $20 [.] ; and

         (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in section 1 of Senate Bill No. 379 of this session.

   2.  The department shall deposit any money collected pursuant to this section with the state treasurer for credit to the veterans’ home account.

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

________

 


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ê1999 Statutes of Nevada, Page 1962ê

 

CHAPTER 420, AB 677

Assembly Bill No. 677–Committee on Transportation

 

CHAPTER 420

 

AN ACT relating to vehicles; providing immunity under certain circumstances for short-term lessors of vehicles from administrative fines and other penalties that may be imposed by the transportation services authority for vehicles leased by short-term lessors that are operated in passenger service without a certificate of public convenience and necessity; providing for the release of such a vehicle impounded by the transportation services authority to a short-term lessor; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Notwithstanding any provision of NRS 706.011 to 706.791, inclusive, and this section to the contrary, if the registered owner of a vehicle which is impounded pursuant to NRS 706.476 is a short-term lessor licensed pursuant to NRS 482.363 who is engaged in the business of renting or leasing vehicles in accordance with NRS 482.295 to 482.3159, inclusive, the registered owner is not liable for any administrative fine or other penalty that may be imposed by the authority for the operation of a passenger vehicle in violation of NRS 706.011 to 706.791, inclusive, if at the time that the vehicle was impounded, the vehicle was in the care, custody or control of a lessee.

    2.  A short-term lessor may establish that a vehicle was subject to the care, custody or control of a lessee at the time that the vehicle was impounded pursuant to NRS 706.476 by submitting to the authority a true copy of the lease or rental agreement pursuant to which the vehicle was leased or rented to the lessee by the short-term lessor. The submission of a true copy of a lease or rental agreement is prima facie evidence that the vehicle was in the care, custody or control of the lessee.

    3.  Upon the receipt of a true copy of a written lease or rental agreement pursuant to subsection 2 which evidences that the vehicle impounded by the authority pursuant to NRS 706.476 was under the care, custody or control of a lessee and not the registered owner of the vehicle, the authority shall release the vehicle to the short-term lessor.

    4.  As used in this section, “short-term lessor” has the meaning ascribed to it in NRS 482.053.

    Sec. 2.  NRS 706.011 is hereby amended to read as follows:

    706.011  As used in NRS 706.013 to 706.791, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 706.476 is hereby amended to read as follows:

    706.476  Except as otherwise provided in section 1 of this act:

    1.  A vehicle used as a taxicab, limousine or other passenger vehicle in passenger service must be impounded by the authority if a certificate of public convenience and necessity has not been issued authorizing its operation.


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

ê1999 Statutes of Nevada, Page 1963 (Chapter 420, AB 677)ê

 

public convenience and necessity has not been issued authorizing its operation. A hearing must be held by the authority no later than the conclusion of the second normal business day after impoundment, weekends and holidays excluded. As soon as practicable after impoundment, the authority shall notify the registered owner of the vehicle:

    (a) That the registered owner of the vehicle must post a bond in the amount of $20,000 to ensure his presence at all proceedings held pursuant to this section;

    (b) Of the time set for the hearing; and

    (c) Of his right to be represented by counsel during all phases of the proceedings.

    2.  The authority shall hold the vehicle until the registered owner of the vehicle appears and:

    (a) Proves that he is the registered owner of the vehicle;

    (b) Proves that he holds a valid certificate of public convenience and necessity;

    (c) Proves that the vehicle meets all required standards of the authority; and

    (d) Posts a bond in the amount of $20,000 with the [administrator.] authority.

The authority shall return the vehicle to its registered owner when the owner meets the requirements of this subsection and pays all costs of impoundment.

    3.  If the registered owner is unable to meet the requirements of paragraph (b) or (c) of subsection 2, the authority may assess an administrative fine against the registered owner for each such violation in the amount of $5,000. The maximum amount of the administrative fine that may be assessed against a registered owner for a single impoundment of his vehicle pursuant to this section is $10,000. The authority shall return the vehicle after any administrative fine imposed pursuant to this subsection and all costs of impoundment have been paid.

    Sec. 4.  NRS 706.756 is hereby amended to read as follows:

    706.756  1.  Except as otherwise provided in subsection 2, any person who:

    (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

    (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act, or by the authority or the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;

    (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;

    (d) Fails to obey any order, decision or regulation of the authority or the department;

    (e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation of the authority or the department;


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

ê1999 Statutes of Nevada, Page 1964 (Chapter 420, AB 677)ê

 

    (f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;

    (g) Advertises as providing:

         (1) The services of a fully regulated carrier; or

         (2) Towing services,

without including the number of his certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

    (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

    (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

    (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

    (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;

    (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

    (m) Refuses or fails to surrender to the authority or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked pursuant to the provisions of this chapter,

is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

    2.  A person convicted of a misdemeanor for a violation of the provisions of NRS 706.386 or 706.421 shall be punished:

    (a) For the first offense by a fine of not less than $500 nor more than $1,000;

    (b) For a second offense within 12 consecutive months and each subsequent offense by a fine of $1,000; or

    (c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.

    3.  Any person who operates or permits the operation of a vehicle in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.

    4.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

    5.  Any bail allowed must not be less than the appropriate fine provided for by this section.

________

 


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ê1999 Statutes of Nevada, Page 1965ê

 

CHAPTER 421, SB 9

Senate Bill No. 9–Committee on Human Resources and Facilities

 

CHAPTER 421

 

AN ACT relating to educational personnel; requiring the boards of trustees of school districts to pay the cost for a licensed teacher to purchase retirement credit if the teacher provides instruction in certain schools; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 3 of this section and except as otherwise required as a result of NRS 286.537, the board of trustees of a school district shall pay the cost for a licensed teacher to purchase one-fifth of a year of service pursuant to subsection 2 of NRS 286.300 if:

    (a) The teacher is a member of the public employees’ retirement system and has at least 5 years of service;

    (b) The teacher has been employed as a licensed teacher in this state for at least 5 consecutive school years, regardless of whether the employment was with one or more school districts in this state;

    (c) Each evaluation of the teacher conducted pursuant to NRS 391.3125 is at least satisfactory for the years of employment required by paragraph (b); and

    (d) In addition to the years of employment required by paragraph (b), the teacher has been employed as a licensed teacher for 1 school year at a school within the school district which, for that school year, carries the designation of demonstrating inadequate achievement pursuant to NRS 385.367.

    2.  Except as otherwise provided in subsection 3, the board of trustees of a school district shall pay the cost for a licensed teacher to purchase one-fifth of a year of service for each year that a teacher is employed as a teacher at a school within the school district that is described in paragraph (d) of subsection 1.

    3.  In no event may the years of service purchased by a licensed teacher as a result of subsection 2 of NRS 286.300 exceed 5 years.

    4.  The board of trustees of a school district shall not:

    (a) Assign or reassign a licensed teacher to circumvent the requirements of this section.

    (b) Include, as part of a teacher’s salary, the costs of paying the teacher to purchase service pursuant to this section.

    5.  As used in this section, “service” has the meaning ascribed to it in NRS 286.078.

    Sec. 2.  NRS 286.3005 is hereby amended to read as follows:

    286.3005  A state agency may purchase credit for service on behalf of a member only as provided in NRS 286.3007. Except as otherwise required as a result of section 1 of this act or NRS 286.537, any other public employer may pay any portion of the cost to purchase credit for service under NRS 286.300, but is not required to do so.


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

ê1999 Statutes of Nevada, Page 1966 (Chapter 421, SB 9)ê

 

result of section 1 of this act or NRS 286.537, any other public employer may pay any portion of the cost to purchase credit for service under NRS 286.300, but is not required to do so. No credit may be validated unless the cost of purchasing credit has been paid.

    Sec. 3.  This act becomes effective on July 1, 1999, and applies to employment for a school year that begins on or after July 1, 1999.

________

 

CHAPTER 422, SB 126

Senate Bill No. 126–Committee on Human Resources and Facilities

 

CHAPTER 422

 

AN ACT relating to education; prohibiting a school district or charter school from placing a child in a program for pupils with disabilities solely because the child is a disciplinary problem; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  NRS 388.450 is hereby amended to read as follows:

    388.450  1.  The legislature declares that the basic support guarantee for each special education program unit established by law for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to pupils with disabilities and gifted and talented pupils residing in Nevada.

    2.  Subject to the provisions of NRS 388.440 to 388.520, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of pupils with disabilities and gifted and talented pupils.

    3.  The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.440 to 388.520, inclusive. The criteria must prohibit the placement of a pupil in a program for pupils with disabilities solely because the pupil is a disciplinary problem in school. The criteria are subject to such standards as may be prescribed by the state board . [of education.]

    Sec. 2.  NRS 388.470 is hereby amended to read as follows:

    388.470  1.  Before any child is placed in a special program for pupils with disabilities or gifted and talented pupils:

    (a) A consultation must be held with his parents or guardian.

    (b) An examination must be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns. The examination must be conducted in accordance with standards prescribed by the state board . [of education.]

    2.  A psychiatrist may be consulted in any specific case when the board of trustees of a school district deems it necessary.


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

ê1999 Statutes of Nevada, Page 1967 (Chapter 422, SB 126)ê

 

    3.  The board of trustees of a school district or the governing body of a charter school shall not place a child or authorize the placement of a child in a program for pupils with disabilities solely because the child is a disciplinary problem in school.

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

________

 

CHAPTER 423, AB 636

Assembly Bill No. 636–Committee on Commerce and Labor

 

CHAPTER 423

 

AN ACT relating to contractors; establishing an account from which owners of a singlefamily residence who are damaged by the failure of residential contractors to perform qualified services adequately may recover certain costs; requiring a residential contractor to pay to the state contractors’ board an annual assessment; revising the provisions authorizing the board to take disciplinary action against licensees; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Account” means the account established pursuant to section 9 of this act.

    Sec. 4.  “Injured person” means an owner who is damaged by the failure of a residential contractor to perform qualified services adequately.

    Sec. 5.  “Owner” means a natural person who owns a single‑family residence and who contracts with a residential contractor for the performance of qualified services with respect to the residence. The term includes a subsequent owner.

    Sec. 6.  “Qualified services” means any construction, remodeling, repair or improvement performed by a residential contractor on a single‑family residence occupied by the owner of the residence.

    Sec. 7.  “Residential contractor” means a contractor who is licensed pursuant to this chapter and who contracts with the owner of a single‑family residence to perform qualified services.

    Sec. 8.  “Subsequent owner” means a natural person who purchases a single‑family residence from the owner of the residence.

    Sec. 9.  1.  Except as otherwise provided in subsection 3, in addition to the annual fee for a license required pursuant to NRS 624.280, a residential contractor shall pay to the board an annual assessment in the following amount, if the monetary limit on his license is:

 

Not more than $1,000,000............................................................. $100

More than $1,000,000 but limited.................................................. 250

Unlimited............................................................................................. 500


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

ê1999 Statutes of Nevada, Page 1968 (Chapter 423, AB 636)ê

 

    2.  The board shall administer and account separately for the money received from the annual assessments collected pursuant to subsection 1. The board may refer to the money in the account as the “recovery fund.”

    3.  The board shall suspend the collection of assessments pursuant to subsection 1 when the balance in the account reaches 150 percent of the largest balance in the account during the previous fiscal year.

    4.  Except as otherwise provided in section 14 of this act, the money in the account must be used to pay claims made by owners who are damaged by the failure of a residential contractor to perform qualified services adequately, as provided in sections 2 to 17, inclusive, of this act.

    Sec. 10.  Except as otherwise provided in section 11 of this act, an injured person who wishes to recover from the account must file a complaint with the board or its designee within 4 years after the completion of qualified services.

    Sec. 11.  Within 2 years after an injured person has obtained a judgment in any court of competent jurisdiction for recovery of damages against a residential contractor for an act or omission of the residential contractor that is in violation of this chapter or the regulations adopted pursuant thereto, the injured person may apply to the board for satisfaction of the judgment from the account if:

    1.  The proceedings in connection with the judgment have terminated, including appeals;

    2.  He submits an application on a form established for this purpose by the board;

    3.  He submits proof satisfactory to the board of the judgment; and

    4.  Upon obtaining payment from the account, he assigns his rights to enforce the judgment to the board.

    Sec. 12.  1.  The board or its designee shall hold a hearing if the board receives a complaint pursuant to section 10 of this act. The time and place for the hearing must be fixed by the board or its designee, and the board or its designee shall notify the injured person in writing of the time and place of the hearing at least 30 days before the date fixed for the hearing.

    2.  Any testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the record of the hearing before the board or its designee.

    3.  The hearing must be public if a request is made for a public hearing.

    4.  The board or its designee shall act upon the complaint within 6 months after the complaint is filed with the board.

    Sec. 13.  1.  Except as otherwise provided in section 11 of this act and subsection 2, an injured person is eligible for recovery from the account if the board or its designee finds that the injured person suffered actual damages as a result of an act or omission of a residential contractor that is in violation of this chapter or the regulations adopted pursuant thereto.

    2.  An injured person is not eligible for recovery from the account if:

    (a) The injured person is the spouse of the licensee, or a personal representative of the spouse of the licensee;


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

ê1999 Statutes of Nevada, Page 1969 (Chapter 423, AB 636)ê

 

    (b) The injured person was associated in a business relationship with the licensee other than the contract at issue; or

    (c) At the time of contracting with the residential contractor, the license of the residential contractor was suspended or revoked pursuant to NRS 624.300.

    3.  If the board or its designee determines that an injured person is eligible for recovery from the account pursuant to this section or section 11 of this act, the board or its designee may pay out of the account:

    (a) The amount of actual damages suffered, but not to exceed $30,000; or

    (b) If a judgment was obtained as set forth in section 11 of this act, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $30,000.

    4.  The decision of the board or its designee regarding eligibility for recovery and all related issues is final and not subject to judicial review.

    5.  If the injured person has recovered a portion of his loss from sources other than the account, the board shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.

    6.  To the extent of payments made from the account, the board is subrogated to the rights of the injured person, including, without limitation, the right to collect from a surety bond or a cash bond. The board and the attorney general shall promptly enforce all subrogation claims.

    7.  The amount of recovery from the account based upon claims made against any single contractor must not exceed $200,000.

    8.  As used in this section, “actual damages” includes attorney’s fees or costs in contested cases appealed to the supreme court of this state. The term does not include any other attorney’s fees or costs.

    Sec. 14.  1.  The board shall:

    (a) On or before February 1 of each year, prepare and submit to the director of the legislative counsel bureau for transmittal to the appropriate legislative committee if the legislature is in session, or to the interim finance committee if the legislature is not in session, a statement of the condition of the account that is prepared in accordance with generally accepted accounting principles.

    (b) Employ accountants as necessary for the performance of the duties set forth in this section and pay any related expenses from the money in the account. Except as otherwise provided in subsection 3, the expenditures made by the board pursuant to this paragraph must not exceed $10,000 in any fiscal year.

    (c) Employ or contract with persons and procure necessary equipment, supplies and services to be paid from or purchased with the money in the account as may be necessary to monitor or process claims filed by injured persons that may result in a recovery from the account.

    2.  Any interest earned on the money in the account must be credited to the account. The board may expend the interest earned on the money in the account to increase public awareness of the account. Except as otherwise provided in subsection 3, the expenditures made by the board for this purpose must not exceed $50,000 in any fiscal year.


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ê1999 Statutes of Nevada, Page 1970 (Chapter 423, AB 636)ê

 

otherwise provided in subsection 3, the expenditures made by the board for this purpose must not exceed $50,000 in any fiscal year.

    3.  The total expenditures made by the board pursuant to this section must not exceed 10 percent of the account in any fiscal year.

    Sec. 15.  Once an initial balance of $200,000 exists in the account, the board shall maintain a minimum balance of $200,000 in the account.

    Sec. 15.5.  1.  A residential contractor shall notify an owner with whom he contracts of the rights of the owner pursuant to sections 2 to 17, inclusive, of this act, including, without limitation, providing a written statement explaining those rights in any agreement or contract for qualified services. The written statement must be in substantially the following form:

 

RESIDENTIAL CONSTRUCTION RECOVERY FUND

 

Payment may be available from the recovery fund if you are damaged financially by a project performed on your residence pursuant to a contract, including construction, remodeling, repair or other improvements, and the damage resulted from certain specified violations of Nevada law by a contractor licensed in this state. To obtain information relating to the recovery fund and filing a claim for recovery from the recovery fund, you may contact the State Contractors’ Board at the following locations:

 

State Contractors’ Board                      State Contractors’ Board

9670 Gateway Drive, Suite 100           4220 South Maryland Parkway, Suite 800D

Reno, Nevada 89509-8953                   Las Vegas, Nevada 89119-7533

Telephone number: (775) 688-1141   Telephone number: (702) 486-1100

 

    2.  The board may impose upon a contractor an administrative fine:

    (a) Of not more than $100 for the first violation of subsection 1; and

    (b) Of not more than $250 for a second or subsequent violation of subsection 1.

    3.  The board shall deposit any money received pursuant to this section in the account established pursuant to section 9 of this act.

    Sec. 16.  The provisions of sections 2 to 17, inclusive, of this act do not limit the authority of the board to take disciplinary action against a residential contractor.

    Sec. 17.  The board shall adopt such regulations as are necessary to carry out the provisions of sections 2 to 17, inclusive, of this act, including, without limitation, regulations governing:

    1.  The disbursement of money from the account; and

    2.  The manner in which a complaint is filed with the board or its designee pursuant to section 10 of this act.

    Sec. 18.  NRS 624.283 is hereby amended to read as follows:

    624.283  1.  Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals.


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ê1999 Statutes of Nevada, Page 1971 (Chapter 423, AB 636)ê

 

establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

    2.  A license may be renewed by submitting to the board:

    (a) An application for renewal;

    (b) The statement required pursuant to NRS 624.268 if the holder of the license is a natural person; [and]

    (c) The fee for renewal fixed by the board [.] ; and

    (d) Any assessment required pursuant to section 9 of this act if the holder of the license is a residential contractor as defined in section 7 of this act.

    3.  The board may require the licensee to submit at any time a financial statement that is prepared by a certified public accountant, if the board believes that:

    (a) The licensee did not pay an undisputed debt;

    (b) The licensee has violated or may be violating a provision of chapter 624 of NRS or a regulation adopted pursuant thereto; or

    (c) The licensee’s financial responsibility may be impaired.

    4.  If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the board shall require him to provide a current financial statement prepared by a certified public accountant or establish other conditions for reinstatement. If the licensee is a natural person, his application for renewal must be accompanied by the statement required pursuant to NRS 624.268. A license which is not reinstated within 6 months after it is automatically suspended may be canceled by the board, and a new license may be issued only upon application for an original contractor’s license.

    Sec. 19.  NRS 624.300 is hereby amended to read as follows:

    624.300  1.  Except as otherwise provided in subsection 6, the board may:

    (a) Suspend or revoke licenses already issued;

    (b) Refuse renewals of licenses;

    (c) Impose limits on the field, scope and monetary limit of the license;

    (d) Impose an administrative fine of not more than $10,000;

    (e) Order a licensee to repay to the account established pursuant to section 9 of this act, any amount paid out of the account pursuant to section 13 of this act as the result of an act or omission of that licensee;

    (f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost; or

    [(f)] (g) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for disciplinary action.


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ê1999 Statutes of Nevada, Page 1972 (Chapter 423, AB 636)ê

 

    2.  If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.

    3.  If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.

    4.  If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.

    5.  The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

    6.  The board shall not take any disciplinary action pursuant to this section regarding a constructional defect, as that term is defined in NRS 40.615, during the period in which any claim arising out of that defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive, unless the disciplinary action is necessary to protect the public health or safety.

    7.  If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

    Sec. 20.  NRS 624.3016 is hereby amended to read as follows:

    624.3016  The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:

    1.  Any fraudulent or deceitful act of a contractor whereby substantial injury is sustained by another.

    2.  A conviction of a felony or a crime involving moral turpitude.

    3.  Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.

    4.  Failure to give a notice required by NRS 108.245 or 108.246.

    5.  Failure to comply with NRS 597.713, 597.716 or 597.719.

    6.  Failure to pay an assessment required pursuant to section 9 of this act.

    Sec. 21.  1.  This section and sections 1 and 9 of this act become effective on October 1, 1999.

    2.  Sections 2 to 8, inclusive, and 10 to 20, inclusive, of this act become effective on July 1, 2001.

________

 


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ê1999 Statutes of Nevada, Page 1973ê

 

CHAPTER 424, SB 546

Senate Bill No. 546–Committee on Finance

 

CHAPTER 424

 

AN ACT making a supplemental appropriation to the Commission on Ethics for an anticipated shortfall in operational expenses; and providing other matters properly relating thereto.

 

[Approved May 29, 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 Commission on Ethics the sum of $15,600 for an anticipated shortfall in operational expenses. This appropriation is supplemental to that made by section 1 of chapter 247, Statutes of Nevada 1997, at page 876.

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

________

 

CHAPTER 425, SB 394

Senate Bill No. 394–Senator Titus

 

CHAPTER 425

 

AN ACT relating to regional planning; providing for the coordination of planning among various governmental entities in certain counties with respect to air pollution, land use and transportation; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

    Sec. 2.  “Regional planning coalition” means the regional planning coalition described in section 3 of this act.

    Sec. 3.  In a county whose population is 400,000 or more, the board of county commissioners and the city council of each of at least the three largest cities in the county shall establish a regional planning coalition by cooperative agreement pursuant to chapter 277 of NRS. The regional planning coalition may:

    1.  Develop policies for the region, including, without limitation, the promotion of orderly development, coordinated land use planning and the efficient provision of services to urban areas, including, without limitation, roads, water and sewer service and police and fire protection, mass transit, libraries and parks;

    2.  Coordinate sources of information;

    3.  Establish standardized projections for population;

    4.  Recommend measures to increase the efficiency of governmental entities and services;

    5.  Make recommendations regarding the disposal of federal land;

    6.  Establish methods for resolving disputes regarding annexation and other matters that arise between jurisdictions; and


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ê1999 Statutes of Nevada, Page 1974 (Chapter 425, SB 394)ê

 

    7.  Not more than once every 2 years, review:

    (a) Master plans adopted by the governing body of the county and each city; and

    (b) The annual plan for capital improvements prepared by the governing body of each local government in the county pursuant to NRS 278.0226.

    Sec. 4.  1.  In a county whose population is 400,000 or more, the regional planning coalition shall cooperate with the local air pollution control board and the regional transportation commission in the county in which it is located to:

    (a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.

    (b) Establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.

    2.  Before adopting or amending a plan, policy or program, the regional planning coalition shall:

    (a) Consult with the local air pollution control board and the regional transportation commission; and

    (b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:

         (1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional transportation commission; and

         (2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.

    3.  If the program for control of air pollution established and administered by the local air pollution control board includes measures for the control of traffic or transportation, the regional planning coalition shall consider recommending the use of alternative land use designations, densities and design standards to meet local and regional needs with respect to transportation.

    4.  Not more than once every 2 years, the regional planning coalition shall:

    (a) Prepare a report that summarizes the policies related to land use, transportation and air quality which it has adopted and which the local air pollution control board and the regional transportation commission have adopted; and

    (b) Submit a copy of the report to the:

         (1) County clerk of the appropriate county;

         (2) Division of environmental protection of the state department of conservation and natural resources;

         (3) Division of state lands of the state department of conservation and natural resources; and

         (4) Department of transportation.

    5.  As used in this section:

    (a) “Local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.


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ê1999 Statutes of Nevada, Page 1975 (Chapter 425, SB 394)ê

 

    (b) “Regional transportation commission” means a regional transportation commission created and organized in accordance with chapter 373 of NRS.

    Sec. 5.  NRS 278.010 is hereby amended to read as follows:

    278.010  As used in NRS 278.010 to 278.630, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

    Sec. 6.  Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In a county whose population is 400,000 or more, the commission shall cooperate with the local air pollution control board and the regional planning coalition in the county in which it is located to:

    (a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.

    (b) Establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.

    2.  Before adopting or amending a plan, policy or program, a commission shall:

    (a) Consult with the local air pollution control board and the regional planning coalition; and

    (b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:

         (1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional planning coalition; and

         (2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.

    3.  As used in this section:

    (a) “Local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

    (b) “Regional planning coalition” has the meaning ascribed to it in section 2 of this act.

    Sec. 7.  Chapter 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.

    Sec. 8.  1.  In addition to the duties set forth in NRS 445B.500, the local air pollution control board in a county whose population is 400,000 or more shall cooperate with the regional planning coalition and the regional transportation commission in the county in which it is located to:

    (a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.

    (b) Establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.

    2.  Before adopting or amending a plan, policy or program, a local air pollution control board shall:

    (a) Consult with the regional planning coalition and the regional transportation commission; and


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ê1999 Statutes of Nevada, Page 1976 (Chapter 425, SB 394)ê

 

    (b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:

         (1) The plans, policies and programs adopted or proposed to be adopted by the regional planning coalition and the regional transportation commission; and

         (2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.

    3.  As used in this section:

    (a) “Local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

    (b) “Regional planning coalition” has the meaning ascribed to it in section 2 of this act.

    (c) “Regional transportation commission” means a regional transportation commission created and organized in accordance with chapter 373 of NRS.

    Sec. 9.  1.  If a county operates a program in which a person operating or responsible for the existence of a source of air contaminant may earn credits for maintaining or reducing the level of air contaminant emitted from the source, such a program:

    (a) Must allow the person to earn credits for reducing the level of air contaminant emitted from that source through the use of solar energy; and

    (b) Must not allow the person to earn credits for reducing the level of air contaminant emitted from that source if such a reduction is required as a component of a penalty imposed against the person.

    2.  As used in this section, “credit” means an administratively created right that:

    (a) Entitles a person operating or responsible for the existence of a source of air contaminant to allow the source to emit a certain level of air contaminant; and

    (b) May be traded or sold to another person.

    Sec. 10.  NRS 445B.500 is hereby amended to read as follows:

    445B.500  1.  Except as otherwise provided in this section and in NRS 445B.310:

    (a) The district board of health, county board of health or board of county commissioners in each county whose population is 100,000 or more shall establish a program for the control of air pollution and administer the program within its jurisdiction unless superseded.

    (b) The program must:

         (1) Include standards for the control of emissions, emergency procedures and variance procedures established by ordinance or local regulation which are equivalent to or stricter than those established by statute or state regulation; and

         (2) Provide for adequate administration, enforcement, financing and staff.

    (c) The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of NRS 445B.100 to 445B.640, inclusive, and the federal act insofar as it pertains to local programs, and that agency is authorized to take all action necessary to secure for the county the benefits of the federal act.


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ê1999 Statutes of Nevada, Page 1977 (Chapter 425, SB 394)ê

 

take all action necessary to secure for the county the benefits of the federal act.

    (d) Powers and responsibilities provided for in NRS 445B.210, 445B.240 to 445B.450, inclusive, 445B.560, 445B.570, 445B.580 and 445B.640 are binding upon and inure to the benefit of local air pollution control authorities within their jurisdiction.

    2.  The local air pollution control board shall carry out all provisions of NRS 445B.215 with the exception that notices of public hearings must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, once a week for 3 weeks. The notice must specify with particularity the reasons for the proposed regulations and provide other informative details. NRS 445B.215 does not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445B.610.

    3.  In a county whose population is 400,000 or more, the local air pollution control board may delegate to an independent hearing officer or hearing board its authority to determine violations and levy administrative penalties for violations of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.500 to 445B.640, inclusive, and sections 8 and 9 of this act, or any regulation adopted pursuant to those sections. If such a delegation is made, 17.5 percent of any penalty collected must be deposited in the county treasury in an account to be administered by the local air pollution control board to a maximum of $17,500 per year. The money in the account may only be used to defray the administrative expenses incurred by the local air pollution control board in enforcing the provisions of NRS 445B.100 to 445B.640, inclusive [.] , and sections 8 and 9 of this act. The remainder of the penalty must be deposited in the county school district fund of the county where the violation occurred.

    4.  Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the state, or may establish its own program for the control of air pollution. If the county establishes such a program, it is subject to the approval of the commission.

    5.  No district board of health, county board of health or board of county commissioners may adopt any regulation or establish a compliance schedule, variance order or other enforcement action relating to the control of emissions from plants which generate electricity by using steam produced by the burning of fossil fuel.

    6.  For the purposes of this section, “plants which generate electricity by using steam produced by the burning of fossil fuel” means plants that burn fossil fuels in a boiler to produce steam for the production of electricity. The term does not include any plant which uses technology for a simple or combined cycle combustion turbine, regardless of whether the plant includes duct burners.

    Sec. 11.  1.  In a county whose population is 400,000 or more or a city within such a county, each planning commission, as required pursuant to subsection 3 of NRS 445B.595, and the local air pollution control board, regional planning coalition and regional transportation commission within the county shall, on or before October 1, 2000, submit a concise statement of the effects on air quality by complex sources to the administrator of the division of environmental protection of the state department of conservation and natural resources for transmittal to the legislative commission.


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ê1999 Statutes of Nevada, Page 1978 (Chapter 425, SB 394)ê

 

effects on air quality by complex sources to the administrator of the division of environmental protection of the state department of conservation and natural resources for transmittal to the legislative commission.

    2.  As used in this section:

    (a) “Local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

    (b) “Regional planning coalition” has the meaning ascribed to it in section 2 of this act.

    (c) “Regional transportation commission” means a regional transportation commission created and organized in accordance with chapter 373 of NRS.

    Sec. 12.  1.  This section and section 11 of this act become effective upon passage and approval.

    2.  Sections 1, 2, 3, 5, 7, 9 and 10 of this act become effective on October 1, 1999.

    3.  Sections 4, 6 and 8 of this act become effective on July 1, 2001.

________

 

CHAPTER 426, SB 292

Senate Bill No. 292–Senator Rhoads

 

CHAPTER 426

 

AN ACT relating to the state militia; authorizing an increase in the reimbursement for certain educational expenses of the members of the active Nevada National Guard; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  NRS 412.143 is hereby amended to read as follows:

    412.143  1.  The adjutant general may authorize the payment of no more than [50] 100 percent of the consolidated fee each semester for each member of the active Nevada National Guard who attends one of the universities within the University and Community College System of Nevada as a full-time or part-time student from money appropriated for this purpose.

    2.  The adjutant general may authorize the payment of no more than [50] 100 percent of the credit-hour cost each semester for each member of the active Nevada National Guard who attends one of the community colleges within the University and Community College System of Nevada as a full-time or part-time student from money appropriated for this purpose.

    3.  To be eligible to receive benefits, a person must be a member in good standing of the active Nevada National Guard at the beginning of and throughout the entire semester for which benefits are received.

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

________

 


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ê1999 Statutes of Nevada, Page 1979ê

 

CHAPTER 427, SB 215

Senate Bill No. 215–Committee on Government Affairs

 

CHAPTER 427

 

AN ACT relating to the City of Sparks; making various changes to the charter of the City of Sparks; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Section 2.040 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1313, is hereby amended to read as follows:

     Sec. 2.040  Proceedings; participation of citizens.

     1.  The city council may adopt rules for the conduct of its proceedings.

     2.  Any person, personally or through counsel, may present grievances or offer suggestions for the improvement of municipal affairs at any regular meeting of the [counsel.] council.

    Sec. 2.  Section 9.040 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1322, is hereby amended to read as follows:

     Sec. 9.040  Examinations.

     1.  The civil service commission shall conduct examinations for employment with the city and prepare a list of eligible applicants. [The examinations] An examination must be:

     (a) Competitive;

     (b) Open to all applicants who meet the announced minimum requirements, unless restricted by the commission to employees holding positions in a lower classification;

     (c) Publicized in advance; and

     (d) Practical and test fairly the ability of each applicant to perform the duties of the position for which the [test] examination is given.

     2.  The examination may include tests of physical ability if required for the position for which the [test] examination is given.

     3.  The commission may provide by regulation that additional points be given on an examination to an applicant who has been employed in a temporary capacity in the position for which the examination is given.

     4.  The commission must give due regard to the experience of each candidate in the department in which he is seeking promotion.

     [4.] 5.  All examinations must be given under the control of the commission.


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ê1999 Statutes of Nevada, Page 1980 (Chapter 427, SB 215)ê

 

    Sec. 3.  Section 9.065 of the charter of the City of Sparks, being chapter 450, Statutes of Nevada 1985, as amended by chapter 350, Statutes of Nevada 1987, at page 792, is hereby amended to read as follows:

     Sec. 9.065  Vacancies; promotional examinations.

     1.  Vacancies in positions must, if consistent with the best interests of the city, be filled by employees holding positions in lower classes. Lists of employees eligible for promotion must be established for this purpose.

     2.  Examinations may be held for applicants to be appointed to the civil service and for applicants who are not eligible for promotion, if open competition, in the judgment of the civil service commission, produces a list of applicants who are more highly skilled and qualified and is in the best interests of the city. Examinations may also be both open and for employees who are eligible for promotion.

     3.  The [civil service] commission may restrict examinations for promotion to employees of a single department or division, employees of several specified departments or divisions within a department, or all employees.

     4.  The commission shall restrict examinations for a vacant position to employees of the department or division in which the vacancy exists if the head of the department requests such a restriction and the commission determines that an employee of the department or division is eligible for promotion to the position.

     5.  Examinations for promotion [in the fire and police departments] for sworn employees of the police department and the fire suppression division of the fire department must be restricted to employees of [those departments,] the police department or fire suppression division, respectively, unless fewer than three employees are eligible for promotion.

    Sec. 4.  Section 9.100 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 169, Statutes of Nevada 1997, at page 449, is hereby amended to read as follows:

     Sec. 9.100  Dismissals, demotions and suspensions.

     1.  The city manager or his designated representative may suspend without pay for a period not to exceed 30 calendar days, dismiss or demote a classified employee pursuant to regulations adopted by the civil service commission.

     2.  Before a classified employee may be notified that he is being dismissed pursuant to subsection 3, the city manager or his designated representative must provide the employee with:

     (a) Written notice of the reasons for which the city manager is considering his dismissal; and

     (b) An opportunity to respond to the reasons for dismissal before the city manager or his designated representative.

     3.  A dismissal, involuntary demotion or suspension does not become effective until the employee is notified in writing of the action and the reasons therefor. The notice [may] must be delivered personally to the employee or mailed to him at his last known address by registered or certified mail, return receipt requested.


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ê1999 Statutes of Nevada, Page 1981 (Chapter 427, SB 215)ê

 

personally to the employee or mailed to him at his last known address by registered or certified mail, return receipt requested. The effective date of the dismissal, involuntary demotion or suspension is the date of delivery of the notice or, if the notice is mailed and subsequently returned to the sender, 3 days after mailing.

    Sec. 5.  Section 9.105 of the charter of the City of Sparks, being chapter 350, Statutes of Nevada 1987, at page 788, is hereby amended to read as follows:

     Sec. 9.105  Hearing to determine reasonableness of dismissal, demotion or suspension; judicial review.

     1.  [Within] Except as otherwise provided in subsection 2, within 10 working days after the effective date of a dismissal, demotion or suspension pursuant to section 9.100, an employee who has been dismissed, demoted or suspended may file a request in writing with the civil service commission for a hearing to determine the reasonableness of the action.

     2.  An employee who elects to use an available grievance procedure shall be deemed to have waived his right to a hearing before the commission pursuant to subsection 1.

     3.  The commission shall grant the employee a hearing within 20 working days after receipt of the employee’s written request unless the time limitation is waived, in writing, by the employee at the time the request is filed, or there is a conflict with the hearing calendar of the commission or its hearing officers. If a hearing is not held within 20 days, it must be scheduled for the earliest possible date. The date for a hearing may not be vacated or the hearing continued except for good cause.

     [3.] 4.  The commission may appoint a hearing officer to conduct or assist in conducting a hearing. The commission may delegate to the hearing officer such authority as the commission deems appropriate.

     [4.] 5.  Technical rules of evidence do not apply at the hearing.

     [5.] 6.  All testimony at the hearing must be recorded or reported by a shorthand reporter certified pursuant to chapter 656 of NRS, and may be transcribed, if necessary, for the deliberation of the commission or a hearing officer, or for an appeal to the district court. The cost of a transcript ordered by the commission or a hearing officer must be paid by the city.

     [6.] 7.  Unless the parties stipulate otherwise, the commission or hearing officer shall render a decision in writing, setting forth the reasons therefor, within 30 days after the hearing.

     [7.] 8.  If the commission or hearing officer determines that the dismissal, demotion or suspension was without just cause, the action must be set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.

     [8.] 9.  The decision of the commission or hearing officer is binding on the parties.

     [9.] 10.  Any petition for judicial review of the decision of the commission or hearing officer must be filed within 30 days after service of the decision.


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ê1999 Statutes of Nevada, Page 1982 (Chapter 427, SB 215)ê

 

    Sec. 6.  Section 10.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 745, is hereby amended to read as follows:

     Sec. 10.020  Severability of provisions. If any portion of this charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, [such decision shall not affect] the validity of the remaining [portion] portions of this charter [.] is not affected by the decision. The legislature hereby declares that it would have passed [the] this charter and each portion thereof, irrespective of the portion which may be [deemed] held unconstitutional or otherwise invalid.

    Sec. 7.  This act becomes effective upon passage and approval.

________

 

CHAPTER 428, SB 547

Senate Bill No. 547–Committee on Finance

 

CHAPTER 428

 

AN ACT making an appropriation to the Welfare Division of the Department of Human Resources for expenses related to the NOMADS Project; and providing other matters properly relating thereto.

 

[Approved May 29, 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 Welfare Division of the Department of Human Resources the sum of $9,013,548 for expenses related to the NOMADS Project, including:

    1.  Anticipated penalties to be imposed by the Federal Government for not complying with requirements for certification relating to child support;

    2.  The payment of bonuses to employees who are required for the NOMADS Project; and

    3.  Any additional expenses related to the operation of the NOMADS Project.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, 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 1983ê

 

CHAPTER 429, SB 144

Senate Bill No. 144–Committee on Government Affairs

 

CHAPTER 429

 

AN ACT relating to public works projects; revising the provisions concerning the progress payments made to contractors, subcontractors and suppliers for public works projects; prescribing the amount that may be withheld from those payments; requiring the person who withholds certain amounts from those payments to provide notice and the reason for withholding those amounts to the recipient of the payments; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 33, inclusive, of this act.

    Sec. 2.  As used in NRS 338.160, 338.165 and 338.170 and sections 2 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Contract” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

    Sec. 4.  “Contractor” means a person who:

    1.  Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that he is not required to be licensed pursuant to chapter 624 of NRS; and

    2.  Contracts with a public body to provide labor, materials or services for a public work.

    Sec. 5.  “Progress bill” means a bill for a portion of the supplies, work performed or services provided by a contractor, subcontractor or supplier for a public work.

    Sec. 6.  “Progress payment” means the payment for a portion of the supplies, work performed or services provided by a contractor, subcontractor or supplier for a public work.

    Sec. 7.  “Retainage” means the amount authorized to be withheld from a progress payment pursuant to the provisions of NRS 338.160, 338.170 or section 24 of this act.

    Sec. 8.  “Retainage bill” means a bill for the amount authorized to be withheld from a progress payment pursuant to the provisions of NRS 338.160, 338.170 or section 24 of this act.

    Sec. 9.  “Retainage payment” means the payment of the amount authorized to be withheld from a progress payment pursuant to the provisions of NRS 338.160, 338.170 or section 24 of this act.

    Sec. 10.  “Subcontract” means a written contract entered into between:

    1.  A contractor and a subcontractor or supplier; or

    2.  A subcontractor and another subcontractor or supplier,

for the provision of labor, materials, equipment or supplies for a public work.


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ê1999 Statutes of Nevada, Page 1984 (Chapter 429, SB 144)ê

 

    Sec. 11.  “Subcontractor” means a person who:

    1.  Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that he is not required to be licensed pursuant to chapter 624 of NRS; and

    2.  Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a public work.

    Sec. 12.  “Supplier” means a person who provides materials, equipment or supplies for a public work.

    Sec. 12.3.  A contractor shall submit a progress bill to the public body monthly or more frequently if the provisions of the contract so provide.

    Sec. 12.5.  The provisions of NRS 338.160, 338.165 and 338.170 and sections 2 to 33, inclusive, of this act do not apply to a contract entered into by the department of transportation pursuant to chapter 408 of NRS.

    Sec. 13.  Interest that is required to be paid on the retainage accrues from the date the retainage is withheld until the date the retainage is paid to the person from whom the retainage was withheld.

    Sec. 14.  Except with respect to any payment withheld pursuant to section 15 of this act, if:

    1.  A public body or a person acting with the authority of the public body occupies or begins use of a public work or a portion of a public work;

    2.  A notice of completion for a public work or a portion of a public work is recorded as provided in NRS 108.228; or

    3.  A public body partially occupies one or more buildings of a public work,

the public body shall pay or cause to be paid to the contractor any outstanding payment due, including, without limitation, retainage, and any interest accrued thereon within 30 days after whichever event described in subsection 1, 2 or 3 occurs first. The amount paid must be in the proportion that the value of the portion of the public work which is used or occupied bears to the total value of the public work.

    Sec. 15.  1.  A public body may, but is not required to, withhold from a progress payment or retainage payment an amount sufficient to pay the expenses the public body reasonably expects to incur as a result of the failure of the contractor to comply with the contract or applicable building code, law or regulation.

    2.  A public body shall, within 20 days after it receives a progress bill or retainage bill from a contractor, give a written notice to the contractor of any amount that will be withheld pursuant to this section. The written notice must set forth:

    (a) The amount of the progress payment or retainage payment that will be withheld from the contractor; and

    (b) A detailed explanation of the reason the public body will withhold that amount, including, without limitation, a specific reference to the provision or section of the contract, or any documents related thereto, or the applicable building code, law or regulation with which the contractor has failed to comply.

The written notice must be signed by an authorized agent of the public body.


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ê1999 Statutes of Nevada, Page 1985 (Chapter 429, SB 144)ê

 

    3.  If the public body receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of the contractor, the public body shall pay the amount withheld by the public body within 30 days after the public body receives the next progress bill or retainage bill.

    Secs. 16 and 17.  (Deleted by amendment.)

    Sec. 18.  1.  If a public body receives:

    (a) A progress bill or retainage bill, fails to give a contractor a written notice of any withholding in the manner set forth in subsection 2 of section 15 of this act and does not pay the contractor within 30 days after receiving the progress bill or retainage bill; or

    (b) A contractor’s written notice of the correction of a condition set forth pursuant to subsection 2 of section 15 of this act as the reason for the withholding, signed by an authorized agent of the contractor, and fails to:

         (1) Pay the amount of the progress payment or retainage payment that was withheld from the contractor within 30 days after the public body receives the next progress bill or retainage bill; or

         (2) Object to the scope and manner of the correction, within 30 days after the public body receives the notice of correction, in a written statement that sets forth the reason for the objection and is signed by an authorized agent of the public body,

the public body shall pay to the contractor, in addition to the entire amount of the progress bill or retainage bill or any unpaid portion thereof, interest from the 30th day on the amount delayed, at a rate equal to the amount provided for in subsection 3 of NRS 338.160, until payment is made to the contractor.

    2.  If the public body objects pursuant to subparagraph (2) of paragraph (b) of subsection 1, it shall pay to the contractor an amount equal to the value of the corrections to which the public body does not object.

    Sec. 19.  Within 5 working days after a public body receives a written request from a subcontractor or supplier of the contractor with respect to a contract which has not been fully performed, the public body shall notify the subcontractor or supplier in writing of the following:

    1.  The date the public body made a specified progress payment or retainage payment to a contractor;

    2.  Whether the public body has paid the entire amount of a specified progress payment or retainage payment to the contractor; and

    3.  The amount withheld by the public body from a specified progress payment or retainage payment to the contractor, if any.

    Sec. 20.  1.  A contractor may withhold from a progress payment or retainage payment an amount sufficient to pay the expenses the contractor reasonably expects to incur as a result of the failure of his subcontractor or supplier to comply with the subcontract or applicable building code, law or regulation.

    2.  A contractor shall, within 10 days after he receives:

    (a) A progress payment or retainage payment from the public body for an amount that is less than the amount set forth in the applicable progress bill or retainage bill; or


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

ê1999 Statutes of Nevada, Page 1986 (Chapter 429, SB 144)ê

 

    (b) A progress bill or retainage bill from his subcontractor or supplier,

give a written notice to his subcontractor or supplier of any amount that will be withheld pursuant to this section.

    3.  The written notice must:

    (a) Set forth:

         (1) The amount of the progress payment or retainage payment that will be withheld from his subcontractor or supplier; and

         (2) A detailed explanation of the reason the contractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, or documents related thereto, or applicable building code, law or regulation with which his subcontractor or supplier has failed to comply; and

    (b) Be signed by an authorized agent of the contractor.

    4.  The contractor shall pay to his subcontractor or supplier the amount withheld by the public body or the contractor within 10 days after:

    (a) The contractor receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of the subcontractor or supplier; or

    (b) The public body pays to the contractor the amount withheld,

whichever occurs later.

    Sec. 21.  1.  If a contractor makes payment to a subcontractor or supplier more than 10 days after the occurrence of any of the following acts or omissions:

    (a) The contractor fails to pay his subcontractor or supplier in accordance with the provisions of subsection 1 of NRS 338.165;

    (b) The contractor fails to give his subcontractor or supplier the written notice of any withholding as required by subsections 2 and 3 of section 20 of this act; or

    (c) The contractor receives a subcontractor’s or supplier’s written notice of correction of the condition set forth pursuant to subsection 4 of section 20 of this act as the reason for the withholding, signed by an authorized agent of the subcontractor or supplier, and fails to:

         (1) Pay the amount of the progress payment or retainage payment that was withheld from his subcontractor or supplier within 10 days after the contractor receives the next progress bill or retainage bill; or

         (2) Object to the scope and manner of the correction, within 10 days after receiving the written notice of correction, in a written statement that sets forth the reason for the objection and is signed by an authorized agent of the subcontractor, statement that sets forth the reason for the objection and is accompanied by a notarized affidavit signed by the contractor,

the contractor shall pay to the subcontractor or supplier, in addition to the entire amount of the progress bill or the retainage bill or any unpaid portion thereof, interest from the 10th day on the amount delayed, at a rate equal to the lowest daily prime rate at the three largest banks or other financial institutions of the United States on the date the contract was executed plus 2 percent, until payment is made to the subcontractor or supplier.


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ê1999 Statutes of Nevada, Page 1987 (Chapter 429, SB 144)ê

 

    2.  If the contractor objects pursuant to subparagraph (2) of paragraph (c) of subsection 1, the contractor shall pay to the subcontractor or supplier an amount that is equal to the value of the corrections to which the contractor does not object.

    Sec. 22.  Within 5 working days after a contractor receives a written request from a subcontractor or supplier of his subcontractor or supplier with respect to a subcontract which has not been fully performed, he shall notify the subcontractor or supplier of his subcontractor or supplier in writing of the following:

    1.  The date the contractor made a specified progress payment or retainage payment to his subcontractor or supplier;

    2.  Whether the contractor has paid the entire amount of a specified progress payment or retainage payment to his subcontractor or supplier; and

    3.  The amount withheld by the contractor from a specified progress payment or retainage payment to his subcontractor or supplier, if any.

    Sec. 23.  Except as otherwise provided in sections 24, 25 and 26 of this act:

    1.  Each subcontractor shall disburse money paid to him pursuant to this chapter, including any interest which he receives, to his subcontractors and suppliers within 10 days after he receives the money, in direct proportion to the subcontractors’ and suppliers’ basis in the progress bill or retainage bill and any accrued interest thereon.

    2.  A subcontractor shall make payments to his subcontractor or supplier in an amount equal to that subcontractor’s or supplier’s basis in the payments paid by the contractor to him for the supplies, materials and equipment identified in the contract between the contractor and the public body, or in the subcontract between the subcontractor or supplier and the contractor, within 10 days after the subcontractor has received a progress payment or retainage payment from the contractor for those supplies, materials and equipment.

    Sec. 24.  1.  If a subcontractor and another subcontractor or supplier enter into a subcontract for a public work, the subcontractor may withhold as retainage not more than 10 percent from the amount of any progress payment due under a subcontract which is made before 50 percent of the work has been completed under the subcontract. The subcontractor shall pay any additional progress payments due under the subcontract without withholding any additional retainage if, in the opinion of the subcontractor, satisfactory progress is being made in the work under the subcontract. The payment must be equal to that paid by the contractor to him for the work performed or supplies provided by his subcontractor or supplier.

    2.  If the subcontractor receives a payment of interest earned on the retainage or an amount withheld from a progress payment, he shall, within 10 days after receiving the money, pay to each of his subcontractors or suppliers that portion of the interest received from the contractor which is attributable to the retainage or amount withheld from a progress payment by him to his subcontractor or supplier.


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ê1999 Statutes of Nevada, Page 1988 (Chapter 429, SB 144)ê

 

    Sec. 25.  1.  A subcontractor may withhold from a progress payment or retainage payment an amount sufficient to pay the expenses the subcontractor reasonably expects to incur as a result of the failure of his subcontractor or supplier to comply with the subcontract or applicable building code, law or regulation.

    2.  A subcontractor shall, within 10 days after he receives:

    (a) A progress payment or retainage payment from a contractor for an amount that is less than the amount set forth in the applicable progress bill or retainage bill; or

    (b) A progress bill or retainage bill from his subcontractor or supplier,

give a written notice to his subcontractor or supplier of any amount that will be withheld pursuant to this section.

    3.  The written notice must:

    (a) Set forth:

         (1) The amount of the progress payment or retainage payment that will be withheld from his subcontractor or supplier; and

         (2) A detailed explanation of the reason the subcontractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, or documents related thereto, or applicable building code, law or regulation with which the subcontractor or supplier has failed to comply; and

    (b) Be signed by an authorized agent of the subcontractor.

    4.  The subcontractor shall pay to his subcontractor or supplier the amount withheld by the public body, contractor or subcontractor within 10 days after:

    (a) The subcontractor receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of his subcontractor or supplier; or

    (b) The contractor pays to him the amount withheld,

whichever occurs later.

    Sec. 26.  1.  If a subcontractor makes payment to his subcontractor or supplier more than 10 days after the occurrence of any of the following acts or omissions:

    (a) The subcontractor fails to pay his subcontractor or supplier in accordance with the provisions of subsection 1 of section 23 of this act;

    (b) The subcontractor fails to give his subcontractor or supplier the written notice of any withholding as required by subsections 2 and 3 of section 25 of this act; or

    (c) The subcontractor receives a written notice of the correction of a condition set forth pursuant to subsection 4 of section 25 of this act as the reason for the withholding from his subcontractor or supplier, signed by an authorized agent of his subcontractor or supplier, and fails to:

         (1) Pay the amount of the progress payment or retainage payment that was withheld from his subcontractor or supplier within 10 days after the subcontractor receives the subcontractor’s or supplier’s next progress bill or retainage bill; or


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ê1999 Statutes of Nevada, Page 1989 (Chapter 429, SB 144)ê

 

         (2) Object to the scope and manner of the correction, within 10 days after receiving the written notice of correction, in a written statement that sets forth the reason for the objection, signed by an authorized agent of the subcontractor,

the subcontractor shall pay to his subcontractor or supplier, in addition to the entire amount of the progress bill or the retainage bill or any unpaid portion thereof, interest from the 10th day on the amount delayed, at a rate equal to the lowest daily prime rate at the three largest banks or other financial institutions of the United States on the date the contract was executed plus 2 percent, until payment is made to his subcontractor or supplier.

    2.  If the subcontractor objects pursuant to subparagraph (2) of paragraph (c) of subsection 1, the subcontractor shall pay to his subcontractor or supplier an amount that is equal to the value of the corrections to which he does not object.

    Sec. 27.  Within 5 working days after a subcontractor receives a written request from a subcontractor or supplier of his subcontractor or supplier with respect to a subcontract which has not been fully performed, he shall notify the subcontractor or supplier of his subcontractor or supplier in writing of the following:

    1.  The date the subcontractor made a specified progress payment or retainage payment to his subcontractor or supplier;

    2.  Whether the subcontractor has paid the entire amount of a specified progress payment or retainage payment to his subcontractor or supplier; and

    3.  The amount withheld by the subcontractor from a specified progress payment or retainage payment to his subcontractor or supplier, if any.

    Sec. 27.3.  Any release or waiver required to be provided by a contractor, subcontractor or supplier to receive a progress payment or retainage payment must be:

    1.  Conditional for the purpose of receiving payment and shall be deemed to become unconditional upon the receipt of the money due to the contractor, subcontractor or supplier; and

    2.  Limited to claims related to the invoiced amount of the labor, materials, equipment or supplies that are the subject of the progress bill or retainage bill.

    Sec. 27.5.  1.  A contractor who believes that the public body has failed to perform a duty to:

    (a) Make a payment;

    (b) Provide written notice of any withholding; or

    (c) Provide information upon request relating to any payment with respect to a contract which has not been fully performed,

pursuant to one or more of the provisions of NRS 338.160 or sections 14 to 19, inclusive, of this act in a timely manner may apply to the district court of the county in which the public work or a part thereof is located for an alternate writ of mandamus pursuant to NRS 34.150 to 34.310, inclusive, to require the public body to perform the duty required pursuant to such a provision.


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ê1999 Statutes of Nevada, Page 1990 (Chapter 429, SB 144)ê

 

    2.  The provisions of this section do not prevent a public body from including a provision governing the payment of attorney’s fees in a contract into which it enters with a contractor for a public work.

    Sec. 28.  1.  A subcontractor or supplier who believes that the amount withheld by the contractor or subcontractor is not justified or is excessive may apply to the district court of the county where the public work or a part thereof is located for an order directing the contractor or subcontractor to appear before the court to show cause why the relief requested should not be granted.

    2.  The motion must:

    (a) Set forth the grounds upon which relief is requested; and

    (b) Be accompanied by a notarized affidavit signed by the petitioner or his attorney that sets forth the facts upon which the motion is based.

    3.  If the court orders a hearing based upon the motion, the petitioner shall serve the notice of the motion and the order of the court on the respondent within 3 days after the court issues the order. The court shall conduct the hearing not less than 10 days and not more than 20 days after the court issues the order for a hearing.

    4.  The order for a hearing must include a statement that, if the respondent fails to appear at the time and place of the hearing, the court will order the respondent to pay to the petitioner:

    (a) The entire amount that was withheld by the respondent, or a portion thereof;

    (b) Interest on the amount that was withheld by the respondent, or a portion thereof;

    (c) The costs incurred by the petitioner, including, without limitation, his attorney’s fees; or

    (d) Any combination of paragraphs (a), (b) and (c).

    5.  If, when the motion is filed, there is a civil action pending between the petitioner and the respondent, the motion must be consolidated into the civil action.

    6.  If the court determines that:

    (a) The amount withheld is not justified, the court shall order the respondent to pay to the petitioner the amount that was withheld.

    (b) The amount withheld is excessive, the court shall order the respondent to pay to the petitioner an amount determined by the court.

    (c) The amount withheld is justified, the court shall issue an order approving the amount that was withheld by the respondent.

    7.  The proceedings conducted pursuant to the provisions of this section do not affect any other rights or remedies provided by law or contract.

    Sec. 29.  Each notice required pursuant to NRS 338.160, 338.165 and 338.170 and sections 2 to 33, inclusive, of this act must be:

    1.  Delivered personally; or

    2.  Sent by facsimile machine and delivered by regular or certified mail.

    Sec. 30.  1.  A person may not waive or modify a right, obligation or liability set forth in the provisions of NRS 338.160, 338.165 and 338.170 and sections 2 to 33, inclusive, of this act.

    2.  A condition, stipulation or provision in a contract or other agreement that:


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ê1999 Statutes of Nevada, Page 1991 (Chapter 429, SB 144)ê

 

    (a) Requires a person to waive a right set forth in the provisions of NRS 338.160, 338.165 and 338.170 and sections 2 to 33, inclusive, of this act; or

    (b) Relieves a person of an obligation or liability imposed by the provisions of NRS 338.160, 338.165 and 338.170 and sections 2 to 33, inclusive, of this act,

is void.

    Sec. 31.  (Deleted by amendment.)

    Sec. 32.  1.  The court or arbitrator shall award to a contractor, subcontractor or supplier who is the prevailing party in a civil action or an arbitration proceeding to recover an amount that was required to be paid to him pursuant to the provisions of NRS 338.160, 338.165 and 338.170 and sections 2 to 33, inclusive, of this act his reasonable costs and attorney’s fees.

    2.  The provisions of NRS 338.160, 338.165 and 338.170 and sections 2 to 33, inclusive, of this act do not prevent a public body from including a provision governing attorney’s fees in a contract for a public work.

    Sec. 33.  The provisions of NRS 338.160, 338.165 and 338.170 and sections 2 to 33, inclusive, of this act do not impair or affect the rights of a contractor, subcontractor or supplier to whom any amount may be owed for work performed or materials, equipment or supplies furnished to maintain a civil action or to submit any controversy arising under the contract to arbitration to recover that amount.

    Sec. 34.  NRS 338.010 is hereby amended to read as follows:

    338.010  As used in this chapter:

    1.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.

    2.  “Eligible bidder” means a person who was found to be a responsible contractor by a public body which awarded a contract for a public work.

    3.  “Offense” means failing to:

    (a) Pay the prevailing wage required pursuant to this chapter;

    (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; or

    (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS.

    4.  “Public body” means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.

    5.  “Public work” means any project for the new construction, repair or reconstruction of:

    (a) A project financed in whole or in part from public money for:

         (1) Public buildings;

         (2) Jails and prisons;

         (3) Public roads;

         (4) Public highways;

         (5) Public streets and alleys;

         (6) Public utilities which are financed in whole or in part by public money;


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ê1999 Statutes of Nevada, Page 1992 (Chapter 429, SB 144)ê

 

         (7) Publicly owned water mains and sewers;

         (8) Public parks and playgrounds;

         (9) Public convention facilities which are financed at least in part with public funds; and

         (10) All other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit [which] that is a part of a project is included in the cost of the project [for the purpose of determining] to determine whether a project meets [this] that threshold.

    (b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by the state or federal money.

    6.  “Wages” means:

    (a) The basic hourly rate of pay; and

    (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.

    7.  “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman.

    Sec. 35.  NRS 338.160 is hereby amended to read as follows:

    338.160  1.  Except as otherwise provided in [subsection 5,] section 15 of this act, a public body and its officers or agents awarding a contract for [the construction, alteration or repair of public works shall authorize partial payments of the amount] a public work shall pay or cause to be paid to a contractor the progress payments due under the contract [at the end of each calendar month, or as soon thereafter as practicable, to the contractor if the contractor is satisfactorily performing the contract.] within 30 days after the date the public body receives the progress bill or within a shorter period if the provisions of the contract so provide. Not more than 90 percent of the [calculated value] amount of any [work] progress payment may be paid until 50 percent of the work required by the contract has been performed. Thereafter the public body may pay any of the remaining [installments without retaining additional funds] progress payments without withholding additional retainage if, in the opinion of the public body, satisfactory progress is being made in the work.

    2.  Except as otherwise provided in [this section, the] section 15 of this act, a public body shall [retain the amount withheld under any such contract until the contract is satisfactorily completed and finally accepted. When a project is sufficiently completed to be placed into service, the public body shall reduce the retained percentage and retain only such sum as it may determine to be sufficient to complete the contract.

    3.  Except as otherwise provided in this subsection, the] identify in the contract and pay or cause to be paid to a contractor the actual cost of the supplies, materials and equipment that:

    (a) Are identified in the contract;

    (b) Have been delivered and stored at a location, and in the time and manner, specified in a contract by the contractor or a subcontractor or supplier for use in the construction, repair or reconstruction of the public work; and


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ê1999 Statutes of Nevada, Page 1993 (Chapter 429, SB 144)ê

 

    (c) Are in short supply or were specially made for the public work,

within 30 days after the public body receives a progress bill from the contractor for those supplies, materials or equipment.

    3.  A public body shall pay or cause to be paid to the contractor at the end of each quarter interest for the quarter on [the] any amount withheld by the public body pursuant to NRS 338.160, 338.165 and 338.170, and sections 2 to 33, inclusive, of this act at a rate equal to the rate quoted by at least three financial institutions as the highest rate paid on a certificate of deposit whose duration is approximately 90 days on the first day of the quarter. If the amount due to a contractor pursuant to this subsection for any quarter is less than $500, the public body may hold the interest until:

    (a) The end of a subsequent quarter after which the amount of interest due is $500 or more;

    (b) The end of the fourth consecutive quarter for which no interest has been paid to the contractor; or

    (c) The amount withheld under the contract is due pursuant to [subsection 4,] section 14 of this act,

whichever occurs first.

    4.  [Except as provided in subsection 5, the amount withheld under any such contract is due within a reasonable time following the filing of a notice of completion as provided in NRS 108.228 or upon other proper evidence of satisfactory completion of the contract.

    5.]  If the labor commissioner has reason to believe that an employee has a valid and enforceable claim for wages against a contractor, he may require the public body to withhold from any payment due the contractor under this section and pay the labor commissioner instead, an amount equal to the amount claimed by the employee. This amount must be paid to the employee if the claim is resolved in his favor, otherwise it must be returned to the public body for payment to the contractor.

    Sec. 36.  NRS 338.165 is hereby amended to read as follows:

    338.165  [1.]  Except as otherwise provided in NRS 338.170 [, each] and sections 20 and 21 of this act:

    1.  Each contractor shall disburse money paid to him pursuant to this chapter, including any interest which he receives, to his subcontractors and suppliers within [15] 10 days after he receives the money, in direct proportion to the subcontractors’ and suppliers’ basis in the [total contract between the contractor and the owner.

    2.  Any money which is payable to a subcontractor pursuant to this section accrues interest at a rate equal to the lowest daily prime rate at the three largest United States banking institutions on the date the contract is executed plus 2 percent, from 15 days after the date on which the money was received by the contractor until the date of payment.] progress bill or retainage bill and any accrued interest thereon.

    2.  A contractor shall make payments to his subcontractor or supplier in an amount equal to that subcontractor’s or supplier’s basis in the payments paid by the public body to the contractor for the supplies, material and equipment identified in the contract between the contractor and the public body, or between the subcontractor or supplier and the contractor, within 10 days after the contractor has received a progress payment or retainage payment from the public body for those supplies, materials and equipment.


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

ê1999 Statutes of Nevada, Page 1994 (Chapter 429, SB 144)ê

 

payment or retainage payment from the public body for those supplies, materials and equipment.

    Sec. 37.  NRS 338.170 is hereby amended to read as follows:

    338.170  1.  [When] If a public body and a contractor enter into a contract for [the construction, alteration or repair of public works,] a public work, the contractor may withhold as retainage not more than 10 percent from the amount of any [partial] progress payment due under a subcontract which is made before 50 percent of the work has been completed under the subcontract. Thereafter the contractor shall pay any additional [installments] progress payments due under the subcontract without [retaining any additional funds] withholding any additional retainage if, in the opinion of the contractor, satisfactory progress is being made in the work under the subcontract, and the payment must be equal to that paid by the public body to the contractor for the work performed by the subcontractor.

    2.  [The contractor may retain the amount withheld under the subcontract until the subcontract is satisfactorily completed.

    3.  The amount withheld under the subcontract is due within 15 days after the acceptance of the subcontract work by the contractor.

    4.  Whenever] If the contractor receives a payment of interest earned on the retainage or an amount withheld from [the contract,] a progress payment, he shall , within [15] 10 days after he receives the money, pay to each subcontractor or supplier that portion of the interest received from the [state] public body which is attributable to the retainage or amount [of money] withheld from a progress payment by the contractor to the subcontractor [.] or supplier.

    Sec. 38.  The provisions of NRS 338.160, 338.165 and 338.170 and sections 2 to 33, inclusive, of this act do not:

    1.  Create any right of action in a dispute between the public body and a subcontractor or supplier; and

    2.  Effect the right of the parties to agree to submit any controversy arising under the contract to arbitration.

________

 


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

ê1999 Statutes of Nevada, Page 1995ê

 

CHAPTER 430, AB 60

Assembly Bill No. 60–Assemblywoman Giunchigliani

 

CHAPTER 430

 

AN ACT relating to health care; requiring health insurers to include in certain policies of health insurance coverage for services and prescription drugs and devices related to contraceptives and hormone replacement therapy; providing a religious exemption for certain insurers; prohibiting certain health insurers from committing certain acts concerning coverage for services related to contraceptives and hormone replacement therapy; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Chapter 689A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of health insurance which provides coverage for prescription drugs or devices shall include in the policy coverage for:

    (a) Any type of drug or device for contraception; and

    (b) Any type of hormone replacement therapy,

which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.

    2.  An insurer that offers or issues a policy of health insurance that provides coverage for prescription drugs shall not:

    (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period or other condition for coverage for a prescription for a contraceptive or hormone replacement therapy than is required for other prescription drugs covered by the policy;

    (b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1;

    (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from accessing any of the services listed in subsection 1;

    (d) Penalize a provider of health care who provides any of the services listed in subsection 1 to an insured, including, without limitation, reducing the reimbursement of the provider of health care; or

    (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay any of the services listed in subsection 1 to an insured.

    3.  Except as otherwise provided in subsection 5, a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with this section is void.

    4.  The provisions of this section do not:

    (a) Require an insurer to provide coverage for fertility drugs.


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

ê1999 Statutes of Nevada, Page 1996 (Chapter 430, AB 60)ê

 

    (b) Prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the insured is required to pay for other prescription drugs covered by the policy.

    5.  An insurer which offers or issues a policy of health insurance and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of health insurance and before the renewal of such a policy, provide to the prospective insured, written notice of the coverage that the insurer refuses to provide pursuant to this subsection.

    6.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

    Sec. 3.  1.  Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of health insurance which provides coverage for outpatient care shall include in the policy coverage for any health care service related to contraceptives or hormone replacement therapy.

    2.  An insurer that offers or issues a policy of health insurance that provides coverage for outpatient care shall not:

    (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period or other condition for coverage for outpatient care related to contraceptives or hormone replacement therapy than is required for other outpatient care covered by the policy;

    (b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1;

    (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from accessing any of the services listed in subsection 1;

    (d) Penalize a provider of health care who provides any of the services listed in subsection 1 to an insured, including, without limitation, reducing the reimbursement of the provider of health care; or

    (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay any of the services listed in subsection 1 to an insured.

    3.  Except as otherwise provided in subsection 5, a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with this section is void.

    4.  The provisions of this section do not prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the insured is required to pay for other outpatient care covered by the policy.

    5.  An insurer which offers or issues such a policy of health insurance and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the insurer objects on religious grounds.


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

ê1999 Statutes of Nevada, Page 1997 (Chapter 430, AB 60)ê

 

required by this section if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of health insurance and before the renewal of such a policy, provide to the prospective insured written notice of the coverage that the insurer refuses to provide pursuant to this subsection.

    6.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

    Sec. 4.  NRS 689A.330 is hereby amended to read as follows:

    689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the commissioner that the policy is not subject to approval or disapproval by that officer, the commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and sections 2 and 3 of this act.

    Sec. 5.  Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

    Sec. 6.  1.  Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of group health insurance which provides coverage for prescription drugs or devices shall include in the policy coverage for:

    (a) Any type of drug or device for contraception; and

    (b) Any type of hormone replacement therapy,

which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.

    2.  An insurer that offers or issues a policy of group health insurance that provides coverage for prescription drugs shall not:

    (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period or other condition for coverage for a prescription for a contraceptive or hormone replacement therapy than is required for other prescription drugs covered by the policy;

    (b) Refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1;

    (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from accessing any of the services listed in subsection 1;

    (d) Penalize a provider of health care who provides any of the services listed in subsection 1 to an insured, including, without limitation, reducing the reimbursement of the provider of health care; or

    (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay any of the services listed in subsection 1 to an insured.

    3.  Except as otherwise provided in subsection 5, a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with this section is void.


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

ê1999 Statutes of Nevada, Page 1998 (Chapter 430, AB 60)ê

 

    4.  The provisions of this section do not:

    (a) Require an insurer to provide coverage for fertility drugs.

    (b) Prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the insured is required to pay for other prescription drugs covered by the policy.

    5.  An insurer which offers or issues a policy of group health insurance and which is affiliated with a religious organization is not required to provide the coverage required by  paragraph (a) of subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of group health insurance and before the renewal of such a policy, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.

    6.  If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.

    7.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

    Sec. 7.  1.  Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of group health insurance which provides coverage for outpatient care shall include in the policy coverage for any health care service related to contraceptives or hormone replacement therapy.

    2.  An insurer that offers or issues a policy of group health insurance that provides coverage for outpatient care shall not:

    (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period or other condition for coverage for outpatient care related to contraceptives or hormone replacement therapy than is required for other outpatient care covered by the policy;

    (b) Refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1;

    (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from accessing any of the services listed in subsection 1;

    (d) Penalize a provider of health care who provides any of the services listed in subsection 1 to an insured, including, without limitation, reducing the reimbursement of the provider of health care; or

    (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay any of the services listed in subsection 1 to an insured.


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

ê1999 Statutes of Nevada, Page 1999 (Chapter 430, AB 60)ê

 

    3.  Except as otherwise provided in subsection 5, a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with this section is void.

    4.  The provisions of this section do not prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the insured is required to pay for other outpatient care covered by the policy.

    5.  An insurer which offers or issues a policy of group health insurance and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of group health insurance and before the renewal of such a policy, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.

    6.  If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.

    7.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

    Sec. 8.  Chapter 695B of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.

    Sec. 9.  1.  Except as otherwise provided in subsection 5, an insurer that offers or issues a contract for hospital or medical service which provides coverage for prescription drugs or devices shall include in the contract coverage for:

    (a) Any type of drug or device for contraception; and

    (b) Any type of hormone replacement therapy,

which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.

    2.  An insurer that offers or issues a contract for hospital or medical service that provides coverage for prescription drugs shall not:

    (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period or other condition for coverage for a prescription for a contraceptive or hormone replacement therapy than is required for other prescription drugs covered by the contract;

    (b) Refuse to issue a contract for hospital or medical service or cancel a contract for hospital or medical service solely because the person applying for or covered by the contract uses or may use in the future any of the services listed in subsection 1;

    (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from accessing any of the services listed in subsection 1;


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

ê1999 Statutes of Nevada, Page 2000 (Chapter 430, AB 60)ê

 

    (d) Penalize a provider of health care who provides any of the services listed in subsection 1 to an insured, including, without limitation, reducing the reimbursement of the provider of health care; or

    (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay any of the services listed in subsection 1 to an insured.

    3.  Except as otherwise provided in subsection 5, a contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by subsection 1, and any provision of the contract or the renewal which is in conflict with this section is void.

    4.  The provisions of this section do not:

    (a) Require an insurer to provide coverage for fertility drugs.

    (b) Prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the insured is required to pay for other prescription drugs covered by the contract.

    5.  An insurer which offers or issues a contract for hospital or medical service and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a contract for hospital or medical service and before the renewal of such a contract, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.

    6.  If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.

    7.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

    Sec. 10.  1.  Except as otherwise provided in subsection 5, an insurer that offers or issues a contract for hospital or medical service which provides coverage for outpatient care shall include in the contract coverage for any health care service related to contraceptives or hormone replacement therapy.

    2.  An insurer that offers or issues a contract for hospital or medical service that provides coverage for outpatient care shall not:

    (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period or other condition for coverage for outpatient care related to contraceptives or hormone replacement therapy than is required for other outpatient care covered by the contract;

    (b) Refuse to issue a contract for hospital or medical service or cancel a contract for hospital or medical service solely because the person applying for or covered by the contract uses or may use in the future any of the services listed in subsection 1;


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

ê1999 Statutes of Nevada, Page 2001 (Chapter 430, AB 60)ê

 

    (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from accessing any of the services listed in subsection 1;

    (d) Penalize a provider of health care who provides any of the services listed in subsection 1 to an insured, including, without limitation, reducing the reimbursement of the provider of health care; or

    (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay any of the services listed in subsection 1 to an insured.

    3.  Except as otherwise provided in subsection 5, a contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by subsection 1, and any provision of the contract or the renewal which is in conflict with this section is void.

    4.  The provisions of this section do not prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the insured is required to pay for other outpatient care covered by the contract.

    5.  An insurer which offers or issues a contract for hospital or medical service and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a contract for hospital or medical service and before the renewal of such a contract, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.

    6.  If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.

    7.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

    Sec. 11.  Chapter 695C of NRS is hereby amended by adding thereto the provisions set forth as sections 12 and 13 of this act.

    Sec. 12.  1.  Except as otherwise provided in subsection 5, a health maintenance organization which offers or issues a health care plan that provides coverage for prescription drugs or devices shall include in the plan coverage for:

    (a) Any type of drug or device for contraception; and

    (b) Any type of hormone replacement therapy,

which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.

    2.  A health maintenance organization that offers or issues a health care plan that provides coverage for prescription drugs shall not:


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

ê1999 Statutes of Nevada, Page 2002 (Chapter 430, AB 60)ê

 

    (a) Require an enrollee to pay a higher deductible, copayment or coinsurance or require a longer waiting period or other condition for coverage for a prescription for a contraceptive or hormone replacement therapy than is required for other prescription drugs covered by the plan;

    (b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1;

    (c) Offer or pay any type of material inducement or financial incentive to an enrollee to discourage the enrollee from accessing any of the services listed in subsection 1;

    (d) Penalize a provider of health care who provides any of the services listed in subsection 1 to an enrollee, including, without limitation, reducing the reimbursement of the provider of health care; or

    (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay any of the services listed in subsection 1 to an enrollee.

    3.  Except as otherwise provided in subsection 5, evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with this section is void.

    4.  The provisions of this section do not:

    (a) Require a health maintenance organization to provide coverage for fertility drugs.

    (b) Prohibit a health maintenance organization from requiring an enrollee to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the enrollee is required to pay for other prescription drugs covered by the plan.

    5.  A health maintenance organization which offers or issues a health care plan and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the health maintenance organization objects on religious grounds. The health maintenance organization shall, before the issuance of a health care plan and before renewal of enrollment in such a plan, provide to the group policyholder or prospective enrollee, as applicable, written notice of the coverage that the health maintenance organization refuses to provide pursuant to this subsection. The health maintenance organization shall provide notice to each enrollee, at the time the enrollee receives his evidence of coverage, that the health maintenance organization refused to provide coverage pursuant to this subsection.

    6.  If a health maintenance organization refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.

    7.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

    Sec. 13.  1.  Except as otherwise provided in subsection 5, a health maintenance organization that offers or issues a health care plan which provides coverage for outpatient care shall include in the plan coverage for any health care service related to contraceptives or hormone replacement therapy.


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

ê1999 Statutes of Nevada, Page 2003 (Chapter 430, AB 60)ê

 

any health care service related to contraceptives or hormone replacement therapy.

    2.  A health maintenance organization that offers or issues a health care plan that provides coverage for outpatient care shall not:

    (a) Require an enrollee to pay a higher deductible, copayment or coinsurance or require a longer waiting period or other condition for coverage for outpatient care related to contraceptives or hormone replacement therapy than is required for other outpatient care covered by the plan;

    (b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1;

    (c) Offer or pay any type of material inducement or financial incentive to an enrollee to discourage the enrollee from accessing any of the services listed in subsection 1;

    (d) Penalize a provider of health care who provides any of the services listed in subsection 1 to an enrollee, including, without limitation, reducing the reimbursement of the provider of health care; or

    (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay any of the services listed in subsection 1 to an enrollee.

    3.  Except as otherwise provided in subsection 5, evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with this section is void.

    4.  The provisions of this section do not prohibit a health maintenance organization from requiring an enrollee to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the enrollee is required to pay for other outpatient care covered by the plan.

    5.  A health maintenance organization which offers or issues a health care plan and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the health maintenance organization objects on religious grounds. The health maintenance organization shall, before the issuance of a health care plan and before renewal of enrollment in such a plan, provide to the group policyholder or prospective enrollee, as applicable, written notice of the coverage that the health maintenance organization refuses to provide pursuant to this subsection. The health maintenance organization shall provide notice to each enrollee, at the time the enrollee receives his evidence of coverage, that the health maintenance organization refused to provide coverage pursuant to this subsection.

    6.  If a health maintenance organization refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.


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

ê1999 Statutes of Nevada, Page 2004 (Chapter 430, AB 60)ê

 

    7.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

    Sec. 14.  NRS 695C.050 is hereby amended to read as follows:

    695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

    2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

    3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

    4.  The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid [pursuant to a contract with the welfare division of the department of human resources.] under the state plan for Medicaid. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

    5.  The provisions of sections 12 and 13 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the state plan for Medicaid.

    Sec. 15.  NRS 695C.330 is hereby amended to read as follows:

    695C.330  1.  The commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if he finds that any of the following conditions exist:

    (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the commissioner;

    (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.170 to 695C.200, inclusive, or 695C.207 [;] or section 12 or 13 of this act;

    (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

    (d) The state board of health certifies to the commissioner that:

         (1) The health maintenance organization does not meet the requirements of subsection 2 of NRS 695C.080; or

         (2) The health maintenance organization is unable to fulfill its obligations to furnish health care services as required under its health care plan;


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ê1999 Statutes of Nevada, Page 2005 (Chapter 430, AB 60)ê

 

    (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

    (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

    (g) The health maintenance organization has failed to put into effect the system for complaints required by NRS 695C.260 in a manner reasonably to dispose of valid complaints;

    (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

    (i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or

    (j) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

    2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

    3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

    4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

    Sec. 16.  NRS 287.010 is hereby amended to read as follows:

    287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:

    (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

    (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.


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ê1999 Statutes of Nevada, Page 2006 (Chapter 430, AB 60)ê

 

    (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, and sections 6 and 7 of this act apply to coverage provided pursuant to this paragraph.

    (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.

    2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

________

 

CHAPTER 431, AB 536

Assembly Bill No. 536–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 431

 

AN ACT relating to public safety; requiring permits to construct or operate new processes which include any activity involving highly hazardous substances at any regulated facility where those substances are located; requiring a permit to construct, alter the construction of or modify certain processes at a place of employment where certain explosives are located; providing that certain monetary penalties must be deposited in the fund for precaution against chemical accidents; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 29, 1999]

 

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

 

    Section 1.  Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

    Sec. 2.  “Process” means:

    1.  Any activity that involves a substance listed in NRS 459.3816 or in a regulation of the division adopted pursuant to NRS 459.3833, and includes, without limitation, the use, storage, manufacture, handling or on-site movement of the substance, or any combination thereof.


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ê1999 Statutes of Nevada, Page 2007 (Chapter 431, AB 536)ê

 

includes, without limitation, the use, storage, manufacture, handling or on-site movement of the substance, or any combination thereof.

    2.  A group of vessels that are used in connection with such an activity, including vessels that are:

    (a) Interconnected; or

    (b) Separate, but located in such a manner which makes possible the release of a substance.

    Sec. 3.  “Vessel” means a reactor, tank, drum, barrel, cylinder, vat, kettle, boiler, pipe, hose or other container.

    Sec. 4.  1.  No owner or operator of a regulated facility may commence construction or operation of any new process subject to regulation pursuant to NRS 459.380 to 459.3874, inclusive, and sections 2, 3 and 4 of this act, unless he first obtains all appropriate permits from the division to construct the new process or commence operation of the new process, or both. Before issuing any such permits, the division shall consult with the division of industrial relations of the department of business and industry.

    2.  An application for such a permit must be submitted on a form prescribed by the division.

    3.  The division may require the applicant to comply with requirements that it establishes by regulation before issuing any permits for construction and operation of the process.

    4.  The division may charge and collect a fee for the issuance of such a permit. All fees collected pursuant to this section and any interest earned thereon must be deposited with the state treasurer for credit to the fund for precaution against chemical accidents created pursuant to NRS 459.3824.

    Sec. 5.  NRS 459.3802 is hereby amended to read as follows:

    459.3802  As used in NRS 459.380 to 459.3874, inclusive, [and] sections 2 and 3 of Assembly Bill No. 535 of this [act,] session, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 459.3804 to 459.3812, inclusive, [and] section 2 of Assembly Bill No. 535 of this [act,] session, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

    Sec. 5.5.  NRS 459.3824 is hereby amended to read as follows:

    459.3824  1.  The owner of a regulated facility shall pay to the division an annual fee based on the fiscal year. The annual fee for each facility is the sum of a base fee set by the state environmental commission and any additional fee imposed by the commission pursuant to subsection 2. The annual fee must be prorated and may not be refunded.

    2.  The state environmental commission may impose an additional fee upon the owner of a regulated facility in an amount determined by the commission to be necessary to enable the division to carry out its duties pursuant to NRS 459.380 to 459.3874, inclusive [.] , and sections 2, 3 and 4 of this act. The additional fee must be based on a graduated schedule adopted by the commission which takes into consideration the quantity of hazardous substances or explosives located at each facility.


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ê1999 Statutes of Nevada, Page 2008 (Chapter 431, AB 536)ê

 

    3.  After the payment of the initial annual fee, the division shall send the owner of a regulated facility a bill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.

    4.  The owner of a regulated facility shall submit, with any payment required by this section, the number assigned by the department of taxation, for the imposition and collection of taxes pursuant to chapter 364A of NRS, to the business for which the payment is made.

    5.  All fees collected pursuant to this section and penalties collected pursuant to NRS 459.3833, 459.3834 and 459.3874, and any interest earned thereon , must be deposited with the state treasurer for credit to the fund for precaution against chemical accidents, which is hereby created as a special revenue fund.

    Sec. 6.  NRS 459.3872 is hereby amended to read as follows:

    459.3872  1.  If any person violates any of the provisions of NRS 459.380 to 459.386, inclusive, or 459.387, [or] section 3 of Assembly Bill No. 535 of this [act,] session, or section 4 of this act, or any regulation or order adopted or issued pursuant thereto, the division may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.

    2.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates a provision of NRS 459.380 to 459.386, inclusive, or 459.387, [or] section 3 of Assembly Bill No. 535 of this [act,] session, or section 4 of this act, or any regulation or order adopted pursuant thereto is liable to a civil administrative penalty as set forth in NRS 459.3874. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense. No civil administrative penalty may be levied until after notification to the violator by certified mail or personal service. The notice must include a reference to the section of the statute, regulation, order or condition of a permit violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the civil penalties to be imposed, and a statement of the violator’s right to a hearing. The violator has 20 days after receipt of the notice within which to deliver to the division a written request for a hearing. After the hearing if requested, and upon a finding that a violation has occurred, the administrator of the division may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice becomes a final order upon the expiration of the 20‑day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other provisions for enforcement of NRS 459.380 to 459.387, inclusive, and the payment of a civil administrative penalty does not affect the availability of any other provision for enforcement in connection with the violation for which the penalty is levied.


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ê1999 Statutes of Nevada, Page 2009 (Chapter 431, AB 536)ê

 

    Sec. 7.  NRS 459.3874 is hereby amended to read as follows:

    459.3874  1.  The civil administrative penalties are:

 

 

Category of Offense

Penalty in U.S. Dollars

 

 

 

A.

Failure to register a new or existing regulated facility:

$25,000 plus $2,000 per day

 

 

from the due date

B.

Failure to pay the fee required pursuant to NRS 459.3824:

75 percent of the fee

C.

Failure to submit a safety report:

$10,000 plus $1,000 per day

 

 

from the due date

D.

Failure to conduct an assessment of risk through analysis of hazards pursuant to the conditions set forth in NRS 459.3844:

$25,000

E.

Failure to put into effect plan:

$50,000

F.

Failure to comply with plan to reduce accidents and schedule of compliance:

up to $5,000

G.

Failure to comply with approved plan to reduce accidents, each requirement:

up to $10,000

H.

Failure to provide information requested by the division:

$25,000

I.

Failure to grant access to employees or agents of division for inspections:

$25,000

J.

Failure to provide information or grant access to employees or agents of division during an emergency:

$50,000

K.

Falsification of information submitted to division:

up to $10,000 per incident

L.

Failure to obtain a permit for the construction of a new regulated facility:

$25,000

 

The civil administrative penalty prescribed in category L may be assessed against a contractor who is constructing the regulated facility only if the contractor is contractually responsible for obtaining all appropriate permits for the construction of the regulated facility and the contractor knows or has reason to know the planned use of the regulated facility.

    2.  The division may compromise and settle any claim for any penalty [under] as set forth in this section in such amount in the discretion of the division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the division shall compromise and settle the claim for the penalty [under] as set forth in this section in such amount as to avoid the duplication of penalties.


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ê1999 Statutes of Nevada, Page 2010 (Chapter 431, AB 536)ê

 

    3.  No penalty may be imposed pursuant to this section for the failure to perform a required act within the time required if the delay was caused by a natural disaster or other circumstances which are beyond the control of the violator.

    4.  Any person who violates any of the provisions of NRS 459.380 to 459.386, inclusive, or 459.387, [or] section 3 of Assembly Bill No. 535 of this [act,] session, or section 4 of this act, or any regulation or order adopted or issued pursuant thereto, or an administrative order issued pursuant to subsection 2 of NRS 459.3872 or a court order issued pursuant to subsection 1 of NRS 459.3872, or who fails to pay a civil administrative penalty in full is subject, upon order of the court, to a civil penalty not to exceed $10,000 per day of the violation, and each day’s continuance of the violation constitutes a separate and distinct violation. Any penalty imposed pursuant to this subsection may be recovered with costs in a summary proceeding by the attorney general.

    Sec. 8.  Chapter 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.

    Sec. 9.  1.  No owner or operator of a place of employment may commence the construction of, substantially alter the construction of, or modify any major process used to protect the lives, safety and health of employees at a place of employment where an explosive is manufactured, or used, processed, handled, moved on site or stored in relation to its manufacture, unless he first obtains a permit therefor from the division. Before issuing any permit, the division shall consult with the division of environmental protection of the state department of conservation and natural resources.

    2.  An application for such a permit must be submitted on a form prescribed by the division.

    3.  The division may require the applicant to comply with requirements that it establishes by regulation before issuing such a permit.

    4.  The division may charge and collect a fee for the issuance of such a permit.

    5.  The division shall adopt such regulations as are necessary to carry out the provisions of this section.

    6.  Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.

    7.  Except as otherwise provided in subsection 8, as used in this section, “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devises and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion, or detonation of the compound, mixture or device or any part thereof may cause an explosion.

    8.  For the purposes of this section, an explosive does not include:

    (a) Ammunition for small arms, or any component thereof;


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ê1999 Statutes of Nevada, Page 2011 (Chapter 431, AB 536)ê

 

    (b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

         (1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

         (2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

    (c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.

    Sec. 10.  If any person violates the provisions of section 9 of this act, the division may:

    1.  Maintain an action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation. The court may proceed in the action in a summary manner.

    2.  Unless a greater penalty is provided in this chapter, require the violator to pay an administrative fine of not more than $25,000.

    Sec. 11.  The amendatory provisions of this act do not apply to offenses that were committed before January 1, 2000.

    Sec. 12.  This act becomes effective:

    1.  Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

    2.  On January 1, 2000, for all other purposes.

________

 

CHAPTER 432, SB 477

Senate Bill No. 477–Committee on Government Affairs

 

CHAPTER 432

 

AN ACT relating to taxation; raising the tax on the rental of transient lodging within Washoe County to pay certain costs related to the promotion of tourism; requiring the Reno/Sparks Convention and Visitors Authority to grant to the Lake Tahoe Incline Village and Crystal Bay Visitors Bureau a certain percentage of the taxes collected from the rental of transient lodging in Incline Village and Crystal Bay to pay certain costs related to the promotion of tourism; imposing certain requirements with respect to air travel by officers and employees of certain county fair and recreation boards; and providing other matters properly relating thereto.

 

[Approved May 30, 1999]

 

    Whereas, The legislature hereby finds and declares that a general law cannot be made applicable for all provisions of this act because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in those local governments and the special conditions experienced in Washoe County related to the need to revitalize specific areas of Washoe County; now, therefore, THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 


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ê1999 Statutes of Nevada, Page 2012 (Chapter 432, SB 477)ê

 

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

 

    Section 1.  1.  A tax at the rate of:

    (a) Three percent of the gross receipts from the rental of transient lodging is hereby imposed in:

         (1) The unincorporated area of Washoe County; and

         (2) Each incorporated city in Washoe County, except in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.

    (b) Two percent of the gross receipts from the rental of transient lodging is hereby imposed in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.

    2.  The tax imposed pursuant to this section must:

    (a) Be in addition to all other taxes imposed on the revenue from the rental of transient lodging in Washoe County and the incorporated cities in Washoe County;

    (b) Be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 244.3352;

    (c) Be paid to the Reno/Sparks Convention and Visitors Authority, which shall distribute the proceeds from the tax in the manner set forth in section 2 of this act; and

    (d) Not be collected after the date on which the notes, bonds and other obligations described in subsections 1 and 2 of section 2 of this act have been fully paid.

    3.  All decisions, and any deliberations leading to those decisions, that are made by any body, including, without limitation, the Reno/Sparks Convention and Visitors Authority, the Truckee Meadows Tourism Facility and Revitalization Steering Committee and the Sparks Tourism and Marketing Committee, concerning the expenditure, commitment or other use of money derived from the proceeds of the tax imposed pursuant to this section must be made at a public meeting that complies with the provisions of chapter 241 of NRS, whether or not the body is determined to be a public body to which that chapter is applicable.

    4.  As used in this section, “gross receipts from the rental of transient lodging” does not include the tax imposed or collected from paying guests pursuant to this section.

    Sec. 2.  The proceeds of the tax imposed pursuant to section 1 of this act and any applicable penalty or interest must be distributed as follows:

    1.  An amount equal to:

    (a) Two-thirds of the proceeds collected in:

         (1) The unincorporated area of Washoe County; and

         (2) Each incorporated city in Washoe County, except in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects; and


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ê1999 Statutes of Nevada, Page 2013 (Chapter 432, SB 477)ê

 

    (b) All of the proceeds collected in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects,

must be used by the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor. The Reno/Sparks Convention and Visitors Authority may irrevocably pledge and use any money received from the proceeds of the tax pursuant to this subsection, together with the proceeds of other tax revenues and facilities revenues received by the Reno/Sparks Convention and Visitors Authority legally available therefor, for the payment of general and special obligations issued for the purpose of reconstructing, expanding, improving and equipping the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor.

    2.  From the remaining one-third of the proceeds collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, the sum of $1,500,000 and, beginning June 1, 2000, and each year thereafter, an additional amount equal to $1,500,000 multiplied by the percentage by which the proceeds of the tax imposed pursuant to section 1 of this act increased during the immediately preceding 12-month period, if any, must be used as follows:

    (a) Two-thirds for the marketing and promotion of tourism as approved by the Reno/Sparks Convention and Visitors Authority; and

    (b) One-third for the support of the National Bowling Stadium,

until such time as the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act. After the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act, the money described in this subsection must, notwithstanding the provisions of NRS 279.619, be used to acquire, establish, construct, expand and equip such projects, and to pay the principal and interest on notes, bonds or other obligations issued by the Reno Redevelopment Agency to fund the acquisition, establishment, construction or expansion of the projects so identified.

    3.  From the remaining one-third of the proceeds collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amount described in subsection 2 is set aside for use pursuant to that subsection, the amounts set forth in this subsection must be paid to the City Council of the City of Sparks on the dates set forth in this subsection to be used by the City Council and the Sparks Tourism and Marketing Committee for the marketing and promotion of tourism in the City of Sparks and for the operation and maintenance of capital improvements within redevelopment areas in the City of Sparks:

    (a) On July 1, 2000, an amount not to exceed $100,000.

    (b) On July 1, 2001, an amount not to exceed $100,000.


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ê1999 Statutes of Nevada, Page 2014 (Chapter 432, SB 477)ê

 

    (c) On July 1, 2002, an amount not to exceed $200,000.

    (d) On July 1, 2003, an amount not to exceed $200,000.

    (e) On July 1, 2004, an amount not to exceed $250,000.

    (f) On July 1, 2005, an amount not to exceed $250,000.

    (g) On July 1, 2006, an amount not to exceed $350,000.

    (h) On July 1, 2007, and each year thereafter, an amount equal to the sum of $350,000 plus an additional amount equal to $350,000 multiplied by the percentage by which the proceeds of the tax imposed pursuant to section 1 of this act increased during the immediately preceding 12-month period, if any.

    4.  The remainder of the one-third of the proceeds collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amounts described in subsections 2 and 3 are set aside for use pursuant to those subsections, must be distributed in the following manner:

    (a) Two‑thirds to the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor and the payment of general and special obligations issued for those purposes.

    (b) One‑third to be used as set forth in subsection 2.

    Sec. 3.  1.  Except as otherwise provided in subsection 2, the Reno/Sparks Convention and Visitors Authority shall, until the date on which the notes, bonds and other obligations described in subsection 2 of section 2 of this act have been fully paid, grant 50 percent of the proceeds it receives from a tax imposed on the revenue from the rental of transient lodging which are collected in Incline Village and Crystal Bay to the Lake Tahoe Incline Village and Crystal Bay Visitors Bureau to be used for:

    (a) The operation and maintenance of facilities; and

    (b) The marketing and promotion of tourism in Incline Village and Crystal Bay.

    2.  The provisions of subsection 1 apply only to those proceeds from a tax imposed previously on the revenue from the rental of transient lodging which are available to the Reno/Sparks Convention and Visitors Authority to carry out its operations, including, without limitation, advertising and the promotion of tourism. The provisions of subsection 1 do not apply to those proceeds from a tax imposed on the revenue from the rental of transient lodging which is imposed pursuant to section 1 of this act or which the Reno/Sparks Convention and Visitors Authority is required by law before March 1, 1999, to:

    (a) Pay over or otherwise distribute to, in whole or in part, to another governmental entity; or

    (b) Expend, pledge, use for or commit to a different purpose,

or that the Reno/Sparks Convention and Visitors Authority expends for or pledges to notes, bonds or other obligations payable from the rental of transient lodging which are issued by or on behalf of the Reno/Sparks Convention and Visitors Authority.

    Sec. 4.  1.  The Sparks Tourism and Marketing Committee, consisting of three members, is hereby created. The membership of the Committee consists of:


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ê1999 Statutes of Nevada, Page 2015 (Chapter 432, SB 477)ê

 

    (a) Two members of the City Council of the City of Sparks, appointed by the City Council of the City of Sparks.

    (b) One member who is a member of the Nevada Resort Association who represents a property in the City of Sparks, appointed by the City Council of the City of Sparks from a list submitted by the Nevada Resort Association.

    2.  The Committee shall elect a chairman from among its members.

    3.  A vacancy on the Committee must be filled in the same manner as the original appointment.

    4.  The Committee shall meet at least quarterly or by a call of the chairman or a majority of the members of the Committee.

    5.  Members of the Committee serve without compensation, except that while engaged in the business of the Committee, each member may be paid the per diem allowance and travel expenses provided for state officers and employees generally, as the budget of the Committee allows.

    Sec. 5.  1.  The Truckee Meadows Tourism Facility and Revitalization Steering Committee, consisting of nine members, is hereby created. The membership of the Committee consists of:

    (a) Three persons appointed by the Board of Directors of the Reno/Sparks Convention and Visitors Authority, one of whom must be a member of the Nevada Resort Association who represents properties outside a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects, and two of whom must represent the interests of Sparks, Washoe County, the motel industry or general business.

    (b) Three members of the Reno Redevelopment Agency, appointed by the Chairman of the Agency.

    (c) Three persons appointed by the Nevada Resort Association from those members of the Association whose properties are located in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.

    2.  The Committee shall elect a chairman from among its members.

    3.  A vacancy on the Committee must be filled in the same manner as the original appointment.

    4.  The Committee shall meet at least quarterly or by a call of the chairman or majority of the members of the Committee.

    5.  Members of the Committee serve without compensation, except that while engaged in the business of the Committee, each member may be paid the per diem allowance and travel expenses provided for state officers and employees generally, as the budget of the Reno Redevelopment Agency allows.

    Sec. 6.  1.  The Truckee Meadows Tourism Facility and Revitalization Steering Committee shall develop a master plan which identifies:

    (a) Proposed capital improvement projects that the Committee determines to be advisable to promote tourism in Washoe County; and

    (b) The method or methods pursuant to which the proposed capital improvement projects identified in paragraph (a) will be financed.

    2.  Capital improvement projects identified pursuant to this section must be:


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ê1999 Statutes of Nevada, Page 2016 (Chapter 432, SB 477)ê

 

    (a) Approved by a two-thirds vote of the members of the Committee; and

    (b) Located in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.

    Sec. 7.  NRS 244A.601 is hereby amended to read as follows:

    244A.601  1.  In any county whose population is 100,000 or more, and less than 400,000, the county fair and recreation board consists of 12 members who are appointed as follows:

    (a) Two members by the board of county commissioners.

    (b) Two members by the governing body of the largest incorporated city in the county.

    (c) One member by the governing body of the next largest incorporated city in the county.

    (d) Except as otherwise provided in subsection 2, seven members by the members appointed pursuant to paragraphs (a), (b) and (c). The members entitled to vote shall select:

         (1) One member who is a representative of air service interests from a list of nominees submitted by the Airport Authority of Washoe County. The nominees must not be elected officers.

         (2) One member who is a representative of motel operators from a list of nominees submitted by one or more associations that represent the motel industry.

         (3) One member who is a representative of banking or other financial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.

         (4) One member who is a representative of other business or commercial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.

         (5) Three members who are representatives of the association of gaming establishments whose membership collectively paid the most gross revenue fees to the state pursuant to NRS 463.370 in the county in the preceding year, from a list of nominees submitted by the association. If there is no such association, the three appointed members must be representative of gaming.

If the members entitled to vote find the nominees on a list of nominees submitted pursuant to this paragraph unacceptable, they shall request a new list of nominees.

    2.  The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with their terms of office. The members appointed pursuant to paragraph (d) of subsection 1 must be appointed for 2-year terms. Any vacancy occurring on the board must be filled by the authority entitled to appoint the member whose position is vacant. Each member appointed pursuant to paragraph (d) of subsection 1 may succeed himself only once.

    3.  If a member ceases to be engaged in the business or occupation which he was appointed to represent, he ceases to be a member, and another person engaged in that business or occupation must be appointed for the unexpired term.


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ê1999 Statutes of Nevada, Page 2017 (Chapter 432, SB 477)ê

 

    4.  Any member appointed by the board of county commissioners or a governing body of a city must be a member of the appointing board or body.

    5.  If the duties of an officer or employee of the county fair and recreation board require the officer or employee to travel by air, the board:

    (a) Shall pay only the cost required for the officer or employee to travel to and from the required destination on a regularly scheduled commercial air carrier in the class of service having the lowest cost.

    (b) Shall not pay for the travel of a relative or spouse of the officer or employee or any other person who is not an officer or employee traveling as part of the duties of his position.

    Sec. 8.  1.  This act becomes effective upon passage and approval for the purpose of authorizing any actions that are necessary to prepare for the collection of the taxes imposed and authorized by this act, and on June 1, 1999, for all other purposes.

    2.  Section 7 of this act expires by limitation on June 30, 2001.

    Sec. 9.  If any provision of this act, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are hereby declared to be severable.

________

 

CHAPTER 433, AB 132

Assembly Bill No. 132–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 433

 

AN ACT relating to public lands; authorizing the division of state lands of the state department of conservation and natural resources to establish and carry out certain programs relating to the Lake Tahoe Basin; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

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

 

    Section 1.  Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

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

    1.  The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable.

    2.  Certain of the unique environmental and ecological conditions exhibited within the Lake Tahoe Basin, such as the clarity of the water in Lake Tahoe, are diminishing at an alarming rate.

    3.  This state has a compelling interest in preserving, protecting, restoring and enhancing the natural environment of the Lake Tahoe Basin.

    4.  The preservation, protection, restoration and enhancement of the natural environment of the Lake Tahoe Basin is a matter of such significance that it must be carried out on a continual basis.


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ê1999 Statutes of Nevada, Page 2018 (Chapter 433, AB 132)ê

 

    5.  It is in the best interest of this state to grant to the division continuing authority to carry out programs to preserve, protect, restore and enhance the natural environment of the Lake Tahoe Basin.

    6.  The powers and duties set forth in sections 2 to 6, inclusive, of this act are intended to be exercised by the division in a manner that complements and does not duplicate the activities of the Tahoe Regional Planning Agency.

    Sec. 3.  The division may establish and carry out programs to preserve, restore and enhance the natural environment of the Lake Tahoe Basin on public land and on privately owned property with the consent of the owner of the property.

    Sec. 4.  1.  In carrying out a program authorized pursuant to section 3 of this act, the division may, as the state land registrar deems appropriate regarding particular parcels of land:

    (a) Acquire, from a willing owner, real property or an interest in real property in the Lake Tahoe Basin by donation, purchase or exchange;

    (b) Transfer real property or an interest in real property in the Lake Tahoe Basin by sale, lease or exchange;

    (c) Eliminate, or mitigate the effects of, development, land coverage or features or conditions of real property acquired pursuant to paragraph (a) that are detrimental to the natural environment of the Lake Tahoe Basin; and

    (d) Retire, extinguish or otherwise terminate rights to develop or place land coverage on real property acquired pursuant to paragraph (a).

    2.  The state land registrar may transfer real property or an interest in real property acquired pursuant to this section:

    (a) To state and federal agencies, local governments and nonprofit organizations for such consideration as the state land registrar deems to be reasonable and in the interest of the general public.

    (b) To other persons for a price that is not less than the fair market value of the real property or interest.

    3.  Before real property or an interest in real property is transferred pursuant to this section, the state land registrar shall record a declaration of restrictions or deed restrictions if the state land registrar determines that such restrictions are necessary to protect the public interest.

    4.  The state land registrar shall report quarterly to the state board of examiners regarding the real property or interests in real property transferred pursuant to this section.

    5.  Notwithstanding any other provision of law, a person shall not acquire, disturb or use real property or an interest in real property acquired by this state pursuant to this section unless the person first obtains written authorization from the state land registrar.

    6.  As used in this section:

    (a) “Interest in real property” includes, without limitation:

         (1) An easement for conservation as that term is defined in NRS 111.410;

         (2) The right to develop the real property;

         (3) The right to place land coverage on the real property; and


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ê1999 Statutes of Nevada, Page 2019 (Chapter 433, AB 132)ê

 

         (4) Such other easements or rights as are appurtenant to the real property.

    (b) “Land coverage” means a covering over or compaction of the natural surface of the ground that prevents water from percolating into the ground.

    Sec. 5.  In carrying out the provisions of sections 2 to 6, inclusive, of this act:

    1.  The division may, as the state land registrar deems appropriate, cooperate and enter into agreements with state and federal agencies, local governments, nonprofit organizations and other persons or entities involved in the preservation and restoration of the natural environment of the Lake Tahoe Basin.

    2.  The state land registrar may, within the limits of available money, make grants to other state agencies, local governments and nonprofit organizations.

    Sec. 6.  The state land registrar may adopt regulations as the state land registrar deems necessary to carry out the provisions of sections 2 to 6, inclusive, of this act.

    Sec. 7.  The provisions of this act apply to any program established and carried out pursuant to the following previously enacted special acts:

    1.  Chapter 585, Statutes of Nevada 1985, as last amended by chapter 111, Statutes of Nevada 1989, at page 263;

    2.  Chapter 355, Statutes of Nevada 1993, at page 1152; and

    3.  Chapter 361, Statutes of Nevada 1995, at page 907,

and to any program established and carried out pursuant to sections 2 to 6, inclusive, of this act after October 1, 1999.

________

 

CHAPTER 434, AB 154

Assembly Bill No. 154–Assemblymen Buckley, Carpenter, Ohrenschall, Leslie, Gustavson, Koivisto, Angle, McClain, Claborn, Collins, Nolan, Manendo and Anderson

 

CHAPTER 434

 

AN ACT relating to family law; revising the provisions relating to the assignment of certain cases in family court; requiring the chief judge to assign certain cases in family court that involve the same parties or children to the same department; requiring a party who files the initial pleading in family court to provide certain information concerning other cases in family court; revising the provisions governing contempt in certain cases involving family law; allowing parties in divorce actions to make offers of judgment concerning property rights under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

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

 

    Section 1.  Chapter 3 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

    Sec. 2.  “Department of the family court” means any department of the district court that is designated as a department of the family court.


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ê1999 Statutes of Nevada, Page 2020 (Chapter 434, AB 154)ê

 

    Sec. 3.  “Jurisdiction of the family court” means the jurisdiction of the family court that is established in NRS 3.223.

    Sec. 4.  In each judicial district that includes a county whose population is 100,000 or more:

    1.  The clerk of the district court shall develop an information form for family court. The information form for family court must be:

    (a) Approved by the chief judge; and

    (b) Used to obtain the information described in subsection 2 from a party who files the initial pleading in a case that involves a matter within the jurisdiction of the family court.

    2.  A party may not file in the district court the initial pleading in a case that involves a matter within the jurisdiction of the family court unless, at the same time that the party files the initial pleading, the party files an information form for family court which is signed by the party, his attorney or other legal representative and which specifies:

    (a) Whether the party is also a party in any other pending case or was a party in any other previously decided case assigned to a department of the family court in the judicial district;

    (b) Whether any other party in the initial pleading is also a party in any other pending case or was a party in any other previously decided case assigned to a department of the family court in the judicial district;

    (c) Whether a child involved in the case is also involved in any other pending case or was involved in any other previously decided case assigned to a department of the family court in the judicial district, other than a case within the jurisdiction of the juvenile court pursuant to chapter 62 of NRS; and

    (d) Any other information that the chief judge determines must be provided on the information form for family court, including, without limitation, any other information concerning a case described in paragraph (a), (b) or (c).

    3.  The chief judge and the clerk of the district court shall use the information provided on the information form for family court to assign cases to a department of the family court in accordance with subsection 3 of NRS 3.025.

    Sec. 5.  NRS 3.025 is hereby amended to read as follows:

    3.025  1.  In each judicial district that includes a county whose population is 100,000 or more, the district judges of that judicial district shall choose from among those district judges a chief judge who is to be the presiding judge of the judicial district.

    2.  The chief judge shall:

    (a) Assign cases to each judge in the judicial district;

    (b) Prescribe the hours of court;

    (c) Adopt such other rules or regulations as are necessary for the orderly conduct of court business; and

    (d) Perform all other duties of the chief judge or of a presiding judge that are set forth in this chapter and any other provision of NRS.

    3.  If a case involves a matter within the jurisdiction of the family court and:


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ê1999 Statutes of Nevada, Page 2021 (Chapter 434, AB 154)ê

 

    (a) The parties to the case are also the parties in any other pending case or were the parties in any other previously decided case assigned to a department of the family court in the judicial district; or

    (b) A child involved in the case is also involved in any other pending case or was involved in any other previously decided case assigned to a department of the family court in the judicial district, other than a case within the jurisdiction of the juvenile court pursuant to chapter 62 of NRS,

the chief judge shall assign the case to the department of the family court to which the other case is presently assigned or, if the other case has been decided, to the department of the family court that decided the other case, unless a different assignment is required by another provision of NRS, a court rule or the Nevada Code of Judicial Conduct or the chief judge determines that a different assignment is necessary because of considerations related to the management of the caseload of the district judges within the judicial district. If a case described in this subsection is heard initially by a master, the recommendation, report or order of the master must be submitted to the district judge of the department of the family court to which the case has been assigned pursuant to this subsection for consideration and decision by that district judge.

    Sec. 6.  NRS 22.030 is hereby amended to read as follows:

    22.030  1.  [When] If a contempt is committed in the immediate view and presence of the court or judge at chambers, [it] the contempt may be punished summarily . [, for which] If the court or judge summarily punishes a person for a contempt pursuant to this subsection, the court or judge shall enter an order [shall be made, reciting] that:

    (a) Recites the facts [as occurring in such] constituting the contempt in the immediate view and presence [, adjudging that] of the court or judge;

    (b) Finds the person [proceeded against is thereby] guilty of [a contempt and that he be punished as therein prescribed.

    2.  When the] the contempt; and

    (c) Prescribes the punishment for the contempt.

    2.  If a contempt is not committed in the immediate view and presence of the court or judge at chambers, an affidavit [shall] must be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the masters or arbitrators.

    3.  [In all cases of contempt arising without] Except as otherwise provided in this subsection, if a contempt is not committed in the immediate view and presence of the court, the judge of [such] the court in whose contempt the [defendant] person is alleged to be shall not preside at [such] the trial of the contempt over the objection of the [defendant. This subsection shall not be construed or deemed to] person. The provisions of this subsection do not apply in [any] :

    (a) Any case where a final judgment or decree of the court is drawn in question and such judgment or decree was entered in such court by a predecessor judge thereof 10 years or more preceding the bringing of contempt proceedings for the violation of the judgment or decree.

    (b) Any proceeding described in subsection 1 of NRS 3.223, whether or not a family court has been established in the judicial district.


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ê1999 Statutes of Nevada, Page 2022 (Chapter 434, AB 154)ê

 

    Sec. 7.  Chapter 125 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In any action for divorce, at any time more than 10 days before trial, a party may serve upon the opposing party a written offer to allow a decree to be entered concerning the property rights of the parties in accordance with the terms and conditions of the offer.

    2.  If an offer made by a party pursuant to this section is accepted by the opposing party and approved by the court, the court shall, upon entry of the decree of divorce, enter judgment in accordance with the terms and conditions of the offer.

    3.  If an offer made by a party pursuant to this section is not accepted by the opposing party before trial or within 10 days after it is made, whichever occurs first, the offer shall be deemed rejected and cannot be given in evidence upon the trial. The rejection of an offer does not preclude either party from making another offer pursuant to this section.

    4.  If an offer is deemed rejected pursuant to subsection 3 and the party who rejected the offer fails to obtain a more favorable judgment concerning the property rights that would have been resolved by the offer if it had been accepted, the court may do any or all of the following:

    (a) Order the party who rejected the offer to pay the taxable costs of the opposing party that relate to the adjudication of those property rights.

    (b) Order the party who rejected the offer to pay the reasonable attorney’s fees incurred by the opposing party after the date of the offer that relate to the adjudication of those property rights.

    (c) Prohibit the party who rejected the offer from recovering any costs or attorney’s fees that relate to the adjudication of those property rights, except that the court may not, pursuant to the provisions of this paragraph, prohibit the party from recovering any preliminary attorney’s fees that were awarded to the party during the pendency of the divorce action.

    5.  In determining whether to take any action described in subsection 4, the court shall consider:

    (a) Whether each party was represented by counsel when the offer was made;

    (b) Whether the issues related to the property rights of the parties were conducive to an offer made pursuant to this section;

    (c) Whether the offer was made in good faith and was reasonable with respect to its timing and its amount;

    (d) Whether rejection of the offer was done in bad faith or was grossly unreasonable;

    (e) Whether, during the pendency of the divorce action, the conduct of the party who rejected the offer or his counsel furthered or frustrated the policy of the law to promote settlement of litigation and to reduce the costs of litigation by encouraging cooperation between the parties and their counsel;

    (f) Whether the judgment differs from the terms and conditions of the offer in such a manner, with respect to the property rights that would have been resolved by the offer if it had been accepted, that the court cannot make a clear determination whether the party failed to obtain a more favorable judgment concerning those property rights; and


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ê1999 Statutes of Nevada, Page 2023 (Chapter 434, AB 154)ê

 

    (g) Whether the divorce action involved so many changes in the issues that the court cannot make a clear determination whether the party failed to obtain a more favorable judgment concerning the property rights that would have been resolved by the offer if it had been accepted.

    6.  The provisions of this section do not apply to any issues related to the custody of a child, the support of a child or the support of a spouse. If any offer that is made by a party pursuant to this section includes any such issue, the offer shall be deemed to be void in its entirety and all terms and conditions of the offer, including, without limitation, all terms and conditions related to the property rights of the parties, shall be deemed to have no force or effect pursuant to this section.

    Sec. 8.  NRS 125.150 is hereby amended to read as follows:

    125.150  Except as otherwise provided in NRS 125.155 and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:

    1.  In granting a divorce, the court:

    (a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and

    (b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

    2.  Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

    (a) The intention of the parties in placing the property in joint tenancy;

    (b) The length of the marriage; and

    (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.

As used in this subsection, “contribution” includes a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.


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ê1999 Statutes of Nevada, Page 2024 (Chapter 434, AB 154)ê

 

    3.  [Whether] Except as otherwise provided in section 7 of this act, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if those fees are in issue under the pleadings.

    4.  In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.

    5.  In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.

    6.  If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

    7.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony he has been ordered to pay.

    8.  In granting a divorce the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

    (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

    (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

    9.  If the court determines that alimony should be awarded pursuant to the provisions of subsection 8:

    (a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.

    (b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.


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ê1999 Statutes of Nevada, Page 2025 (Chapter 434, AB 154)ê

 

    (c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:

         (1) Testing of the recipient’s skills relating to a job, career or profession;

         (2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

         (3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;

         (4) Subsidization of an employer’s costs incurred in training the recipient;

         (5) Assisting the recipient to search for a job; or

         (6) Payment of the costs of tuition, books and fees for:

             (I) The equivalent of a high school diploma;

             (II) College courses which are directly applicable to the recipient’s goals for his career; or

             (III) Courses of training in skills desirable for employment.

    Sec. 9.  Assembly Bill No. 50 of this session is hereby amended by deleting sections 2 through 4 and inserting:

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

    Sec. 10.  Assembly Bill No. 50 of this session is hereby amended by deleting sections 6 and 7 and inserting:

   Secs. 6 and 7.  (Deleted by amendment.)

    Sec. 11.  Section 3 of Assembly Bill No. 51 of this session is hereby amended to read as follows:

     Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 and 5 of Assembly Bill No. 51 of this [act] session and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

    Sec. 12.  The amendatory provisions of section 7 of this act apply to all actions for divorce that are filed on or after October 1, 1999, and to all actions for divorce that are pending on or after October 1, 1999, regardless of when the action was filed.

    Sec. 13.  1.  This section and sections 9 and 10 of this act become effective on June 30, 1999.

    2.  Sections 1 to 8, inclusive, 11 and 12 of this act become effective on October 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 2026ê

 

CHAPTER 435, AB 158

Assembly Bill No. 158–Assemblymen Dini, Perkins, Evans, Anderson, Thomas, Parks, Bache, Segerblom, Neighbors, de Braga, Manendo, Carpenter, Koivisto, Williams, Chowning, Giunchigliani, Gibbons, Leslie, Nolan and Buckley

 

CHAPTER 435

 

AN ACT relating to children; requiring the notification of certain persons who apply to receive the placement of a child regarding the status of their application; creating a board to expedite and limiting the periods for certain procedures involved in proceedings for the placement of children; making various changes regarding the appointment and duties of a guardian ad litem for certain children in protective custody; making various changes in accordance with the Adoption and Safe Families Act of 1997 and the Child Abuse Prevention and Treatment Act of 1996; clarifying certain provisions regarding the authority of a court to determine the custody of a child; authorizing the involvement of various persons interested in certain proceedings for the placement of children; providing a preference for the placement of siblings together; and providing other matters properly relating thereto.

 

[Approved May 31, 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 127.150 is hereby amended to read as follows:

    127.150  1.  If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. When determining whether the best interests of the child warrant the granting of a petition that is filed by a foster parent, the court shall give strong consideration to the emotional bond between the child and the foster parent. A copy of the order or decree must be sent to the nearest office of the division by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired. No order or decree of adoption may be made until after the child has lived for 6 months in the home of the petitioners.

    2.  If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.

    3.  After a petition for adoption has been granted, there is a presumption that remaining in the home of the adopting parent is in the child’s best interest.

    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.


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ê1999 Statutes of Nevada, Page 2027 (Chapter 435, AB 158)ê

 

    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.

    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.  Chapter 128 of NRS is hereby amended by adding thereto a new section to read as follows:

    Except as otherwise required by specific statute, the court shall use its best efforts to ensure that proceedings conducted pursuant to this chapter are completed within 6 months after the petition is filed.

    Sec. 5.  NRS 128.100 is hereby amended to read as follows:

    128.100  1.  In any proceeding for terminating parental rights, or any rehearing or appeal thereon, the court may appoint an attorney to represent the child as his counsel and , if the child does not have a guardian ad litem appointed pursuant to NRS 432B.500, as his guardian ad litem.

    2.  If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.

    3.  Each attorney appointed under the provisions of this section is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.

    Sec. 6.  NRS 128.105 is hereby amended to read as follows:

    128.105  The primary consideration in any proceeding to terminate parental rights must be whether the best interests of the child will be served by the termination. An order of the court for the termination of parental rights must be made in light of the considerations set forth in this section and NRS 128.106 to 128.109, inclusive, and based on evidence and include a finding that:

    1.  The best interests of the child would be served by the termination of parental rights; and

    2.  The conduct of the parent or parents was the basis for a finding made pursuant to subsection 3 of section 18 of this act or demonstrated at least one of the following:

    (a) Abandonment of the child;

    (b) Neglect of the child;

    (c) Unfitness of the parent;

    (d) Failure of parental adjustment;

    (e) Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;

    (f) Only token efforts by the parent or parents:

         (1) To support or communicate with the child;

         (2) To prevent neglect of the child;

         (3) To avoid being an unfit parent; or

         (4) To eliminate the risk of serious physical, mental or emotional injury to the child; or

    (g) With respect to termination of the parental rights of one parent, the abandonment by that parent.


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ê1999 Statutes of Nevada, Page 2028 (Chapter 435, AB 158)ê

 

    Sec. 7.  NRS 128.109 is hereby amended to read as follows:

    128.109  1.  If a child has been placed outside of his home pursuant to chapter 432B of NRS, the following provisions must be applied [for the purposes of determining] to determine the conduct of the parent:

    (a) If the child has resided outside of his home pursuant to that placement for [18] 14 months of any [24] 20 consecutive months, it must be presumed that the parent or parents have demonstrated only token efforts to care for the child as set forth in paragraph (f) of subsection 2 of NRS 128.105.

    (b) If the parent or parents fail to comply substantially with the terms and conditions of a plan to reunite the family within 6 months after the date on which the child was placed or the plan was commenced, whichever occurs later, that failure to comply is evidence of failure of parental adjustment as set forth in paragraph (d) of subsection 2 of NRS 128.105.

    2.  If a child has been placed outside of his home pursuant to chapter 432B of NRS and has resided outside of his home pursuant to that placement for [18] 14 months of any [24] 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.

    3.  The presumptions specified in subsections 1 and 2 must not be overcome or otherwise affected by evidence of failure of the state to provide services to the family.

    Sec. 8.  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.

Any search for a relative with whom to place a child pursuant to this subsection must be completed within 1 year after the initial placement of the child outside of his home.

    Sec. 9.  Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:

    As soon as practicable after the division receives an application by a person to receive the placement of a child, the division shall notify the person in writing as to whether the person will be considered for approval as an adoptive parent or as a provider of foster care.


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ê1999 Statutes of Nevada, Page 2029 (Chapter 435, AB 158)ê

 

    Sec. 10.  NRS 432.032 is hereby amended to read as follows:

    432.032  The division shall adopt regulations for the administration of NRS 432.010 to 432.085, inclusive, and section 9 of this act, which are binding upon all recipients and local units.

    Sec. 11.  NRS 432.100 is hereby amended to read as follows:

    432.100  1.  There is hereby established a statewide central registry for the collection of information concerning the abuse or neglect of a child. This central registry must be maintained by and in the central office of the division.

    2.  The central registry must contain:

    (a) The information in any report of child abuse or neglect made pursuant to NRS 432B.220, and the results, if any, of the investigation of the report;

    (b) Statistical information on the protective services provided in this state; and

    (c) Any other information which the division determines to be in furtherance of NRS 432.100 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive [.] , and sections 17 and 18 of this act.

    3.  The division may designate a county hospital in each county whose population is 100,000 or more as a regional registry for the collection of information concerning the abuse or neglect of a child.

    Sec. 12.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 18, inclusive, of this act.

    Sec. 13.  1.  The rural advisory board to expedite proceedings for the placement of children, consisting of two members from each local advisory board created by a district court pursuant to section 14 of this act, is hereby created within the division of child and family services.

    2.  After the initial terms, the members of the rural advisory board serve terms of 4 years. Any member of the rural advisory board may be reappointed. If a vacancy occurs during the term of a member, the district court that created the local advisory board from which the member was appointed shall appoint a person to replace that member for the remainder of the unexpired term.

    3.  Members of the rural advisory board serve without compensation, except that necessary travel and per diem expenses may be reimbursed, not to exceed the amounts provided for state officers and employees generally, to the extent that money is made available for that purpose.

    4.  The division of child and family services shall provide the rural advisory board with administrative support and shall provide any information requested by the rural advisory board to the rural advisory board within 10 working days after receiving the request for information.

    5.  The rural advisory board shall:

    (a) At its first meeting and annually thereafter, elect a chairman from among its members.

    (b) Meet at least four times annually and may meet at other times upon the call of the chairman.

    (c) Review the findings of each local advisory board created pursuant to section 14 of this act.


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ê1999 Statutes of Nevada, Page 2030 (Chapter 435, AB 158)ê

 

    (d) Prepare and make available to the public an annual report including, without limitation, a summary of the activities of the rural advisory board.

    Sec. 14.  1.  The district court in each judicial district that includes a county whose population is less than 100,000 shall create a local advisory board to expedite proceedings for the placement of children. The district court shall appoint to the local advisory board:

    (a) One member who is representative of foster parents;

    (b) One member who is representative of attorneys in public or private practice;

    (c) One member who is employed by the division of child and family services;

    (d) One member who is either employed by the public school system and works with children on a regular basis, or works in the field of mental health and works with children on a regular basis; and

    (e) One member who is a resident of the judicial district in which the local advisory board is created.

    2.  The district court shall provide for initial terms of each member of the local advisory board so that the terms are staggered. After the initial terms, the members of the local advisory board shall serve terms of 4 years. Any member of the local advisory board may be reappointed. If a vacancy occurs during the term of a member, the district court shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term. The district court may remove a member from the local advisory board if the member neglects his duty or commits malfeasance in office.

    3.  The district court shall appoint two members of the local advisory board to serve on the rural advisory board created pursuant to section 13 of this act.

    4.  Members of a local advisory board serve without compensation, and necessary travel and per diem expenses may not be reimbursed.

    5.  The division of child and family services shall provide each local advisory board with administrative support and shall provide any information requested by a local advisory board to the local advisory board within 10 working days after receiving the request for information.

    6.  Each local advisory board shall:

    (a) At its first meeting and annually thereafter, elect a chairman from among its members.

    (b) Review each case referred to it pursuant to section 15 of this act, and provide the referring court and the office of the attorney general with any recommendations to expedite the completion of the case.

    (c) Twice each year, provide a report of its activities and any recommendations to expedite the completion of cases to the district court, the division of child and family services and the legislature, or the legislative commission when the legislature is not in regular session.

    7.  A local advisory board may review other cases as deemed appropriate by the district court.


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ê1999 Statutes of Nevada, Page 2031 (Chapter 435, AB 158)ê

 

    Sec. 15.  If the court has not approved the permanent placement of a child within 12 months after the initial removal of the child from his home, it shall refer the case to the local advisory board created pursuant to section 14 of this act, if such a local advisory board was created for that judicial district, to obtain recommendations from the local advisory board to expedite the completion of the case.

    Sec. 16.  1.  To qualify for appointment as a guardian ad litem pursuant to NRS 432B.500 in a judicial district that includes a county whose population is less than 100,000, a special advocate must be a volunteer from the community who completes an initial 12 hours of specialized training and, annually thereafter, completes 6 hours of specialized training. The training must be approved by the court and include information regarding:

    (a) The dynamics of the abuse and neglect of children;

    (b) Factors to consider in determining the best interests of a child, including planning for the permanent placement of the child;

    (c) The interrelationships between the family system, legal process and system of child welfare;

    (d) Skills in mediation and negotiation;

    (e) Federal, state and local laws affecting children;

    (f) Cultural, ethnic and gender-specific issues;

    (g) Domestic violence;

    (h) Resources and services available in the community for children in need of protection;

    (i) Child development;

    (j) Standards for guardians ad litem;

    (k) Confidentiality issues; and

    (l) Such other topics as the court deems appropriate.

    2.  To qualify for appointment as a guardian ad litem pursuant to NRS 432B.500 in a judicial district that does not include a county whose population is less than 100,000, a special advocate must be qualified pursuant to the standards for training of the National Court Appointed Special Advocate Association or its successor. If such an association ceases to exist, the court shall determine the standards for training.

    Sec. 17.  The division of child and family services shall:

    1.  Establish a panel comprised of volunteer members to evaluate the extent to which agencies which provide protective services are effectively discharging their responsibilities for the protection of children.

    2.  Adopt regulations to carry out the provisions of subsection 1 which must include, without limitation, the imposition of appropriate restrictions on the disclosure of information obtained by the panel and civil sanctions for the violation of those restrictions.

    Sec. 18.  1.  Except as otherwise provided in this section, an agency which provides protective services shall make reasonable efforts to preserve and reunify the family of a child to prevent or eliminate the need for his removal from his home and to make it possible for his safe return to his home.


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ê1999 Statutes of Nevada, Page 2032 (Chapter 435, AB 158)ê

 

    2.  In determining the reasonable efforts required by subsection 1, the health and safety of the child must be the paramount concern. The agency which provides protective services may make reasonable efforts to place the child for adoption or with a legal guardian concurrently with making the reasonable efforts required pursuant to subsection 1. If the court determines that continuation of the reasonable efforts required by subsection 1 is inconsistent with the plan for the permanent placement of the child, the agency which provides protective services shall make reasonable efforts to place the child in a timely manner in accordance with that plan and to complete whatever actions are necessary to finalize the permanent placement of the child.

    3.  An agency which provides protective services is not required to make the reasonable efforts required by subsection 1 if the court finds that:

    (a) A parent or other primary caretaker of the child has:

         (1) Committed, aided or abetted in the commission of, or attempted, conspired or solicited to commit murder or voluntary manslaughter;

         (2) Caused the abuse or neglect of the child, or of another child of the parent or primary caretaker, which resulted in substantial bodily harm to the abused or neglected child;

         (3) Caused the abuse or neglect of the child, a sibling of the child or another child in the household, and the abuse or neglect was so extreme or repetitious as to indicate that any plan to return the child to his home would result in an unacceptable risk to the health or welfare of the child; or

         (4) Abandoned the child for 60 or more days, and the identity of the parent of the child is unknown and cannot be ascertained through reasonable efforts;

    (b) A parent of the child has, for the previous 6 months, had the ability to contact or communicate with the child and made no more than token efforts to do so;

    (c) The parental rights of a parent to a sibling of the child have been terminated by a court order upon any basis other than the execution of a voluntary relinquishment of those rights by a natural parent, and the court order is not currently being appealed;

    (d) The child or a sibling of the child was previously removed from his home, adjudicated to have been abused or neglected, returned to his home and subsequently removed from his home as a result of additional abuse or neglect; or

    (e) The child is less than 1 year of age, the father of the child is not married to the mother of the child and the father of the child:

         (1) Has failed within 60 days after learning of the birth of the child, to visit the child, to commence proceedings to establish his paternity of the child or to provide financial support for the child; or

         (2) Is entitled to seek custody of the child but fails to do so within 60 days after learning that the child was placed in foster care.

    Sec. 19.  NRS 432B.280 is hereby amended to read as follows:

    432B.280  1.  Reports made pursuant to this chapter, as well as all records concerning these reports and investigations thereof, are confidential.


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ê1999 Statutes of Nevada, Page 2033 (Chapter 435, AB 158)ê

 

    2.  Any person, law enforcement agency or public agency, institution or facility who willfully releases data or information concerning such reports and investigations, except:

    (a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child; [and

    (b) To persons or agencies enumerated in] or

    (b) As authorized pursuant to NRS 432B.290,

is guilty of a misdemeanor.

    Sec. 20.  NRS 432B.290 is hereby amended to read as follows:

    432B.290  1.  Except as otherwise provided in [subsection 2 or 5,] subsections 2, 5 and 6, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

    (a) A physician who has before him a child who he reasonably believes may have been abused or neglected;

    (b) A person authorized to place a child in protective custody, if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;

    (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

         (1) The child; or

         (2) The person responsible for the welfare of the child;

    (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

    (e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

    (f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

    (g) The attorney and the guardian ad litem of the child;

    (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

    (i) [An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;] A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

    (j) A person [who] or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;

    (k) A team organized pursuant to NRS 432B.350 for the protection of a child ; [pursuant to NRS 432B.350;]

    (l) A team organized pursuant to NRS 432B.405 to review the death of a child;


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ê1999 Statutes of Nevada, Page 2034 (Chapter 435, AB 158)ê

 

    (m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

    (n) The [person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;] persons who are the subject of a report;

    (o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

    (p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:

         (1) The identity of the person making the report is kept confidential; and

         (2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

    (q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court; [or]

    (r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency [.] ;

    (s) The rural advisory board to expedite proceedings for the placement of children created pursuant to section 13 of this act or a local advisory board to expedite proceedings for the placement of children created pursuant to section 14 of this act; or

    (t) The panel established pursuant to section 17 of this act to evaluate agencies which provide protective services.

    2.  Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of [the] a report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:

    (a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;

    (b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

    (c) Such other information as is authorized for disclosure by a court pursuant to subsection 4.

    3.  An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning [the] a report.


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ê1999 Statutes of Nevada, Page 2035 (Chapter 435, AB 158)ê

 

    4.  Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

    5.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

    (a) A copy of:

         (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

         (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

    (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

    6.  An agency which provides protective services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

    7.  Any person, except for:

    (a) The subject of a report;

    (b) A district attorney or other law enforcement officer initiating legal proceedings; or

    (c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,

who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.

    [7.] 8.  The division of child and family services shall adopt regulations to carry out the provisions of this section.

    Sec. 21.  NRS 432B.290 is hereby amended to read as follows:

    432B.290  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

    (a) A physician who has before him a child who he reasonably believes may have been abused or neglected;

    (b) A person authorized to place a child in protective custody, if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;

    (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:


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ê1999 Statutes of Nevada, Page 2036 (Chapter 435, AB 158)ê

 

         (1) The child; or

         (2) The person responsible for the welfare of the child;

    (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

    (e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

    (f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

    (g) The attorney and the guardian ad litem of the child;

    (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

    (i) [An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;] A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

    (j) A team organized pursuant to NRS 432B.350 for the protection of a child ; [pursuant to NRS 432B.350;]

    (k) A team organized pursuant to NRS 432B.405 to review the death of a child;

    (l) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

    [(l) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;]

    (m) The persons who are the subject of a report;

    (n) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

    [(n)] (o) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:

         (1) The identity of the person making the report is kept confidential; and

         (2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect; [or

    (o)] (p) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court [.] or pursuant to section 3 of Senate Bill No. 148 of this session in making a general investigation and report;


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ê1999 Statutes of Nevada, Page 2037 (Chapter 435, AB 158)ê

 

    (q) The rural advisory board to expedite proceedings for the placement of children created pursuant to section 13 of this act or a local advisory board to expedite proceedings for the placement of children created pursuant to section 14 of this act; or

    (r) The panel established pursuant to section 17 of this act to evaluate agencies which provide protective services.

    2.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

    (a) A copy of:

         (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

         (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

    (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

    3.  An agency which provides protective services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

    4.  Any person, except for:

    (a) The subject of a report;

    (b) A district attorney or other law enforcement officer initiating legal proceedings; or

    (c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135 [,] or making a general investigation and report pursuant to section 3 of Senate Bill No. 148 of this session,

who is given access, pursuant to subsection 1, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

    [4.] 5.  The division of child and family services shall adopt regulations to carry out the provisions of this section.

    Sec. 22.  NRS 432B.395 is hereby amended to read as follows:

    432B.395  An agency which provides protective services shall submit annually to the division of child and family services for its approval a plan to ensure that the reasonable efforts required by subsection 1 of section 18 of this act are made by that agency . [to prevent or eliminate removal of a child from his home and, when removal is necessary, to facilitate the return of the child to his home.]

    Sec. 23.  NRS 432B.420 is hereby amended to read as follows:

    432B.420  1.  A parent or other person responsible for the [child’s] welfare of a child who is alleged to have abused or neglected [a] the child may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive [.]


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ê1999 Statutes of Nevada, Page 2038 (Chapter 435, AB 158)ê

 

may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive [.] , and sections 15 and 16 of this act. Except as otherwise provided in subsection 2, if the person is indigent, the court may appoint an attorney to represent him. The court may, if it finds it appropriate, appoint an attorney to represent the child.

    2.  If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:

    (a) Shall appoint an attorney to represent the parent;

    (b) May appoint an attorney to represent the Indian child; and

    (c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,

as provided in the Indian Child Welfare Act.

    3.  Each attorney, other than a public defender, if appointed under the provisions of subsection 1, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime. [An] Except as otherwise provided in NRS 432B.500, an attorney appointed to represent a child may also be appointed as guardian ad litem for the child . [pursuant to NRS 432B.500, unless the attorney requests the appointment of a separate guardian ad litem.] He may not receive any compensation for his services as a guardian ad litem.

    Sec. 24.  NRS 432B.457 is hereby amended to read as follows:

    432B.457  1.  If the court or a special master appointed pursuant to NRS 432B.455 finds that a person [, including, but not limited to, a parent or other relative, teacher, friend or neighbor of a child:

    1.  Has a personal interest in the well-being of the child; or

    2.  Possesses information that is relevant to the determination of who should take custody of the] has a special interest in a child, the court or the special master [may allow] shall:

    (a) Except for good cause, ensure that the person is involved in and notified of any plan for the temporary or permanent placement of the child and is allowed to offer recommendations regarding the plan; and

    (b) Allow the person to testify at any hearing held pursuant to this chapter to determine [the person most qualified and suitable to take custody] any temporary or permanent placement of the child.

    2.  For the purposes of this section, a person “has a special interest in a child” if:

    (a) The person is:

         (1) A parent or other relative of the child;

         (2) A foster parent or other provider of substitute care for the child;

         (3) A provider of care for the medical or mental health of the child; or

         (4) A teacher or other school official who works directly with the child; and

    (b) The person:

         (1) Has a personal interest in the well-being of the child; or

         (2) Possesses information that is relevant to the determination of the placement of the child.


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ê1999 Statutes of Nevada, Page 2039 (Chapter 435, AB 158)ê

 

    Sec. 25.  NRS 432B.500 is hereby amended to read as follows:

    432B.500  1.  After a petition is filed that a child is in need of protection pursuant to NRS 432B.490, the court shall appoint [a representative of an agency which provides protective services, a juvenile probation officer, an officer of the court or a volunteer as] a guardian ad litem [to represent and protect the best interests of the child. A] for the child. The person so appointed:

    (a) Must meet the requirements of section 16 of this act or, if such a person is not available, a representative of an agency which provides protective services, a juvenile probation officer, an officer of the court or another volunteer.

    (b) Must not be a parent or other person responsible for the child’s welfare . [may not be so appointed.]

    2.  No compensation may be allowed a person serving as a guardian ad litem [.] pursuant to this section.

    3.  A guardian ad litem appointed pursuant to this section shall:

    (a) Represent and protect the best interests of the child until excused by the court;

    (b) Thoroughly research and ascertain the relevant facts of each case for which he is appointed, and ensure that the court receives an independent, objective account of those facts;

    (c) Meet with the child wherever the child is placed as often as is necessary to determine that the child is safe and to ascertain the best interests of the child;

    (d) Explain to the child the role of the guardian ad litem and, when appropriate, the nature and purpose of each proceeding in his case;

    (e) Participate in the development and negotiation of any plans for and orders regarding the child, and monitor the implementation of those plans and orders to determine whether services are being provided in an appropriate and timely manner;

    (f) Appear at all proceedings regarding the child;

    (g) Inform the court of the desires of the child, but exercise his independent judgment regarding the best interests of the child;

    (h) Present recommendations to the court and provide reasons in support of those recommendations;

    (i) Request the court to enter orders that are clear, specific and, when appropriate, include periods for compliance;

    (j) Review the progress of each case for which he is appointed, and advocate for the expedient completion of the case; and

    (k) Perform such other duties as the court orders.

    Sec. 26.  NRS 432B.540 is hereby amended to read as follows:

    432B.540  1.  If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides protective services, concerning the conditions in the child’s place of residence, the child’s record in school, the mental, physical and social background of his family, its financial situation and other matters relevant to the case.


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ê1999 Statutes of Nevada, Page 2040 (Chapter 435, AB 158)ê

 

    2.  If the agency believes that it is necessary to remove the child from the physical custody of his parents, it must submit with the report a plan designed to achieve a placement of the child in a safe setting as near to the residence of his parent as is consistent with the best interests and special needs of the child. The plan must include:

    (a) A description of the type , safety and appropriateness of the home or institution in which the child could be placed, a plan for [assuring] ensuring that he would receive safe and proper care and a description of his needs;

    (b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of his parent or to [assure] ensure his permanent placement;

    (c) The appropriateness of the services to be provided under the plan; and

    (d) A description of how the order of the court will be carried out.

    3.  If the child is not residing in his home, the agency shall include as a part of the plan for the permanent placement of the child, established pursuant to NRS 432B.590, a recommendation to terminate parental rights unless it determines that initiating a petition for the termination of parental rights is not in the best interests of the child. If the agency conclusively determines that initiating a petition for the termination of parental rights is not in the best interests of the child, it shall include a full explanation of the basis for the determination as part of the plan.

    Sec. 27.  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.] has made the reasonable efforts required by subsection 1 of section 18 of this act. The 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 temporary or permanent custody of his parents or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

    (b) Place him in the temporary or permanent custody of a relative or other person who the court finds suitable to receive and care for him with or without supervision, and with or without retaining jurisdiction of the case, 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.

In carrying out this subsection, the court may, in its sole discretion, consider an application pursuant to chapter 159 of NRS for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.


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ê1999 Statutes of Nevada, Page 2041 (Chapter 435, AB 158)ê

 

    2.  If, pursuant to subsection 1, a child is placed other than with a parent [, the] :

    (a) 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.

    (b) The court shall set forth good cause why the child was placed other than with a parent.

    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.

Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of his home. If a child is placed with any person who resides outside of this state, the placement must be in accordance with NRS 127.330.

    Sec. 28.  NRS 432B.580 is hereby amended to read as follows:

    432B.580  1.  Except as otherwise provided in this section, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.

    2.  An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes an evaluation of the progress of the child and his family and any recommendations for further supervision, treatment or rehabilitation. A copy of the report must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child.

    3.  The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or [the] custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.

    4.  Notice of the hearing must be given by registered or certified mail to [all parties of] :

    (a) All the parties to any of the prior proceedings [,] ; and


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ê1999 Statutes of Nevada, Page 2042 (Chapter 435, AB 158)ê

 

    (b) Any persons planning to adopt the child, relatives of the child or providers of foster care who are currently providing care to the child,

except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.

    5.  The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 4 an opportunity to be heard at the hearing.

    6.  The court or panel shall review:

    (a) The continuing necessity for and appropriateness of the placement;

    (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

    (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and

    (d) The date the child may be returned to and safely maintained in his home or placed for adoption or under a legal guardianship.

    7.  The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.

    Sec. 29.  NRS 432B.590 is hereby amended to read as follows:

    432B.590  1.  Except as otherwise provided in NRS 432B.600, the court shall hold a hearing concerning the permanent placement of [the child no] a child:

    (a) Not later than [18] 12 months after the [most recent] initial removal of the child from his home and annually thereafter.

    (b) Within 30 days after making any of the findings set forth in subsection 3 of section 18 of this act.

Notice of this hearing must be given by registered or certified mail to all [parties of the dispositional proceeding, except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.] of the persons to whom notice must be given pursuant to subsection 4 of NRS 432B.580.

    2.  The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 an opportunity to be heard at the hearing.

    3.  At the hearing the court shall establish a plan for the permanent placement of the child and determine whether:

    (a) The child should be returned to his parents or other relatives;

    (b) The child’s placement in the foster home or other similar institution should be continued; or

    (c) [In] It is in the best interests of the child [,] to initiate proceedings to:

         (1) Terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption; or

         (2) Establish a guardianship pursuant to chapter 159 of NRS . [,

should be initiated.]

If the court determines that it is in the best interests of the child to terminate parental rights, the court shall use its best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures.


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ê1999 Statutes of Nevada, Page 2043 (Chapter 435, AB 158)ê

 

without limitation, appointing a private attorney to expedite the completion of the procedures.

    4.  If a child has been placed outside of his home and has resided outside of his home pursuant to that placement for [18] 14 months of any [24] 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.

    5.  This hearing may take the place of the hearing for review required by NRS 432B.580.

    6.  The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.

    Sec. 29.5.  Section 11 of Senate Bill No. 148 of this session is hereby amended to read as follows:

     Sec. 11.  NRS 432B.290 is hereby amended to read as follows:

     432B.290  1.  Except as otherwise provided in subsections 2, 5 and 6, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

     (a) A physician who has before him a child who he reasonably believes may have been abused or neglected;

     (b) A person authorized to place a child in protective custody, if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;

     (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

         (1) The child; or

         (2) The person responsible for the welfare of the child;

     (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

     (e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

     (f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

     (g) The attorney and the guardian ad litem of the child;

     (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

     (i) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

     (j) A person or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;

     (k) A team organized pursuant to NRS 432B.350 for the protection of a child;


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ê1999 Statutes of Nevada, Page 2044 (Chapter 435, AB 158)ê

 

     (l) A team organized pursuant to NRS 432B.405 to review the death of a child;

     (m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

     (n) The persons who are the subject of a report;

     (o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

     (p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:

         (1) The identity of the person making the report is kept confidential; and

         (2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

     (q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court [;] or pursuant to section 3 of this act in making a general investigation and report;

     (r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency;

     (s) The rural advisory board to expedite proceedings for the placement of children created pursuant to section 13 of Assembly Bill No. 158 of this [act] session or a local advisory board to expedite proceedings for the placement of children created pursuant to section 14 of Assembly Bill No. 158 of this [act;] session; or

     (t) The panel established pursuant to section 17 of Assembly Bill No. 158 of this [act] session to evaluate agencies which provide protective services.

     2.  Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of a report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:

     (a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;

     (b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

     (c) Such other information as is authorized for disclosure by a court pursuant to subsection 4.


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ê1999 Statutes of Nevada, Page 2045 (Chapter 435, AB 158)ê

 

     3.  An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning a report.

     4.  Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

     5.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

     (a) A copy of:

         (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

         (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

     (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

     6.  An agency which provides protective services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

     7.  Any person, except for:

     (a) The subject of a report;

     (b) A district attorney or other law enforcement officer initiating legal proceedings; or

     (c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135 [,] or making a general investigation and report pursuant to section 3 of this act,

who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

     8.  The division of child and family services shall adopt regulations to carry out the provisions of this section.

    Sec. 29.6.  Section 15 of Senate Bill No. 148 of this session is hereby amended to read as follows:

   Sec. 15.  1.  This section and sections 1 to 11, inclusive, and 13 and 14 of this act become effective on October 1, 1999.

   2.  Section 11 of this act expires by limitation on June 30, 2001.

   [3.  Section 12 of this act becomes effective on July 1, 2001.]


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ê1999 Statutes of Nevada, Page 2046 (Chapter 435, AB 158)ê

 

    Sec. 30.  Section 12 of Senate Bill No. 148 of this session and sections 1, 3, 5 and 6 of Senate Bill No. 232 of this session are hereby repealed.

    Sec. 31.  1.  This section and sections 1 to 12, inclusive, 14 to 20, inclusive, and 22 to 30, inclusive, of this act become effective on July 1, 1999.

    2.  Section 13 of this act becomes effective upon the division of child and family services of the department of human resources being notified of the creation of three or more local advisory boards to expedite proceedings for the placement of children pursuant to section 14 of this act.

    3.  Sections 20 and 29.5 of this act expire by limitation on June 30, 2001.

    4.  Section 21 of this act becomes effective at 12:02 a.m. on July 1, 2001.

________

 

CHAPTER 436, AB 39

Assembly Bill No. 39–Assemblyman Manendo

 

CHAPTER 436

 

AN ACT relating to mobile home parks; prohibiting a landlord of a mobile home park from prohibiting a tenant from exhibiting a political sign within the boundary of the lot of the tenant under certain circumstances; authorizing a tenant to exhibit a political sign within the right of way of a highway under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

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

 

    Section 1.  Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in this subsection, a landlord or an agent or employee of a landlord shall not prohibit a tenant from exhibiting a political sign not larger than 24 inches by 36 inches within the boundary of the lot of the tenant. The restriction placed on a landlord or an agent or an employee of a landlord relative to a political sign is applicable only until 7 days after the general or special election for the office or ballot question to which the sign relates.

    2.  As used in this section, “political sign” means a sign, display or device that:

    (a) Expresses support for or opposition to a candidate, political party or ballot question; or

    (b) Otherwise relates to a political campaign or election.

    Sec. 2.  NRS 118B.210 is hereby amended to read as follows:

    118B.210  1.  The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services he normally supplies, or bring or threaten to bring an action for possession of a mobile home lot as retaliation upon the tenant because:

    (a) He has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a mobile home park to the governmental agency responsible for enforcing the code or regulation.


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ê1999 Statutes of Nevada, Page 2047 (Chapter 436, AB 39)ê

 

    (b) He has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, and section 1 of this act or NRS 118B.240.

    (c) He has organized or become a member of a tenants’ league or similar organization.

    (d) He has requested the reduction in rent required by:

         (1) NRS 118.165 as a result of a reduction in property taxes.

         (2) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.

    (e) A citation has been issued to the landlord as the result of a complaint of the tenant.

    (f) In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.

    2.  A landlord, manager or assistant manager of a mobile home park shall not willfully harass a tenant.

    3.  As used in this section, “harass” means to threaten or intimidate, through words or conduct, with the intent to affect the terms or conditions of a tenancy or the tenant’s exercise of his rights pursuant to this chapter.

    Sec. 3.  NRS 405.030 is hereby amended to read as follows:

    405.030  1.  Except as otherwise provided in subsection 3 and except within the limits of any city or town through which the highway may run, and on benches and shelters for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083, it is unlawful for any person, firm or corporation to paste, paint, print or in any manner whatever place or attach to any building, fence, gate, bridge, rock, tree, board, structure, or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:

    (a) Within any right of way of any state highway or road which is owned or controlled by the department of transportation.

    (b) Within 20 feet of the main traveled way of any unimproved highway.

    (c) On the property of another within view of any such highway, without the owner’s written consent.

    2.  Nothing in this section prevents the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public if the signs are approved by the department of transportation.

    3.  A tenant of a mobile home park may exhibit a political sign within a right of way of a state highway or road which is owned or controlled by the department of transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in section 1 of this act. As used in this subsection, the term “political sign” has the meaning ascribed to it in section 1 of this act.

    Sec. 4.  NRS 405.110 is hereby amended to read as follows:

    405.110  1.  Except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083, no advertising signs, signboards, boards or other materials containing advertising matter may:


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ê1999 Statutes of Nevada, Page 2048 (Chapter 436, AB 39)ê

 

244.187 and 244.188, or 268.081 and 268.083, no advertising signs, signboards, boards or other materials containing advertising matter may:

    (a) Except as otherwise provided in subsection 3, be placed upon or over any state highway.

    (b) Except as otherwise provided in [subsection 3,] subsections 3 and 4, be placed within the highway right of way.

    (c) Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.

    (d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.

    2.  With the permission of the department of transportation, counties, towns or cities of this state may place at such points as are designated by the director of the department of transportation suitable signboards advertising the counties, towns or municipalities.

    3.  A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:

    (a) The department of transportation has leased the airspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over an interstate highway and:

         (1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and

         (2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the department of transportation; or

    (b) The person owns real property adjacent to an interstate highway and:

         (1) The person has dedicated to a public authority a fee or perpetual easement interest in at least one acre of the property for the construction or maintenance, or both, of the highway over which he is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;

         (2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;

         (3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and

         (4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.

    4.  A tenant of a mobile home park may exhibit a political sign within a right of way of a state highway or road which is owned or controlled by the department of transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in section 1 of this act.


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ê1999 Statutes of Nevada, Page 2049 (Chapter 436, AB 39)ê

 

limitations set forth in section 1 of this act. As used in this subsection, the term “political sign” has the meaning ascribed to it in section 1 of this act.

    5.  If any such sign is placed in violation of this section it is thereby declared a public nuisance and may be removed forthwith by the department of transportation or the public authority.

    [5.] 6.  Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.

________

 

CHAPTER 437, AB 182

Assembly Bill No. 182–Committee on Transportation

 

CHAPTER 437

 

AN ACT relating to highways; requiring the Department of Transportation and Clark County to enter into an interlocal agreement concerning highways in which both have an ownership interest; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

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

 

    Section 1.  1.  The Department of Transportation and Clark County shall, on or before July 1, 2000, enter into an interlocal agreement pursuant to NRS 277.080 to 277.180, inclusive, concerning highways in Clark County, excluding freeways, in which both the Department of Transportation and Clark County have an ownership interest.

    2.  The purpose of the interlocal agreement is to address:

    (a) Ownership of the highways;

    (b) Maintenance of and improvements to the highways; and

    (c) Standards of construction for the highways.

    3.  Until the agreement has been entered into, the Department of Transportation shall consult with Clark County in an effort to ensure that the construction of highways described in subsection 1 is consistent with state and local standards and with encroachment requirements of third parties.

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

________

 


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ê1999 Statutes of Nevada, Page 2050ê

 

CHAPTER 438, AB 195

Assembly Bill No. 195–Assemblymen Ohrenschall, Manendo, Perkins, Buckley, Koivisto, McClain, Mortenson, Bache, Williams, Price, Gibbons, Parks, Carpenter, Lee, Thomas, Leslie, Giunchigliani, Von Tobel, Anderson, Chowning and Arberry

 

CHAPTER 438

 

AN ACT relating to mobile home parks; revising the eligibility requirements for receiving assistance from the fund for low-income owners of mobile homes; authorizing a waiver from the eligibility requirements under certain circumstances; providing authority for law enforcement agencies of certain cities and counties or the metropolitan police department to patrol certain areas within mobile home parks under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

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

 

    Section 1.  NRS 118B.215 is hereby amended to read as follows:

    118B.215  1.  There is hereby created as a special revenue fund in the state treasury the fund for low-income owners of mobile homes, to be administered by the division. All money received for the use of the fund pursuant to NRS 118B.213 or from any other source must be deposited in the fund.

    2.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.

    3.  The money in the fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the mobile home lot on which their mobile home is located. [To] Except as otherwise provided in subsection 5, to be eligible for assistance from the fund a person must:

    (a) Except as otherwise provided in this subsection, have been a tenant in the same mobile home park in this state for at least 1 year immediately preceding his application for assistance;

    (b) Be the registered owner of the mobile home which is subject to the tenancy, as indicated on the certificate of ownership that is issued by the division pursuant to NRS 489.541;

    (c) Have a monthly household income , as determined by the administrator in accordance with subsection 4, which is at or below:

         (1) The federally designated level signifying poverty or $750, whichever is greater, if the person is the sole occupant of the mobile home; or

         (2) The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the mobile home;

    (d) Be a tenant in a mobile home park that is operated for profit and maintain continuous tenancy in that park during the duration of the supplemental assistance; and

    (e) Not have assets whose value is more than [$10,000,] $12,000, excluding the value of [the] :

         (1) The mobile home which is subject to the tenancy [, the] ;


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

ê1999 Statutes of Nevada, Page 2051 (Chapter 438, AB 195)ê

 

         (2) The contents of that mobile home ; and [one]

         (3) One motor vehicle.

A person who has been a tenant of a mobile home park in this state for at least 1 year, but has not been a tenant of the mobile home park in which he resides at the time he applies for assistance for at least 1 year, is eligible for assistance from the fund if he moved to the mobile home park in which he resides at the time of his application because he was unable to pay the rent at the mobile home park from which he moved or because that park was closed.

    4.  In determining the monthly household income of an applicant pursuant to subsection 3, the administrator shall exclude from the calculation:

    (a) The value of any food stamps the applicant received pursuant to the Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 et seq., during the year immediately preceding his application for assistance; or

    (b) If the applicant is receiving coverage pursuant to Medicare Part B, 42 U.S.C. §§ 1395j et seq., the value of the cost of such coverage during the year immediately preceding his application for assistance,

whichever is greater.

    5.  The administrator may waive the requirements for eligibility set forth in subsection 3 upon the written request of an applicant if the circumstances of the applicant have changed as a result of:

    (a) Illness;

    (b) Disability; or

    (c) Extreme financial hardship based upon a significant reduction of income, when considering the applicant’s current financial circumstances.

An applicant shall include with his request for a waiver all medical and financial documents that support his request.

    6.  The administrator shall adopt regulations establishing:

    (a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the division with a written acknowledgment of his continued eligibility for assistance.

    (b) The maximum amount of assistance which may be distributed to a person to supplement his monthly rent pursuant to this section.

    [5.] 7.  As used in this section:

    (a) “Mobile home” includes a travel trailer that is located on a mobile home lot within a mobile home park.

    (b) “Monthly household income” means the combined monthly incomes of the occupants of a mobile home which is subject to the tenancy for which assistance from the fund is requested.

    (c) “Travel trailer” has the meaning ascribed to it in NRS 489.150.

    Sec. 2.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Members of a county law enforcement agency, or if the county is within the jurisdiction of a metropolitan police department, the members of the metropolitan police department, may patrol and provide for the public safety:


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    (a) Within the common areas of a mobile home park that is located within the unincorporated area of the county and into or upon which the public is admitted by easement, license or otherwise; and

    (b) With the permission of the manager of such a mobile home park, within other areas of the mobile home park.

    2.  As used in this section:

    (a) “Manager” has the meaning ascribed to it in NRS 118B.0145; and

    (b) “Mobile home park” has the meaning ascribed to it in NRS 118B.017.

    Sec. 3.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Members of the law enforcement agency of an incorporated city, or if the incorporated city is within the jurisdiction of a metropolitan police department, the members of the metropolitan police department, may patrol and provide for the public safety:

    (a) Within the common areas of a mobile home park that is located within the incorporated city and into or upon which the public is admitted by easement, license or otherwise; and

    (b) With the permission of the manager of such a mobile home park, within other areas of the mobile home park.

    2.  As used in this section:

    (a) “Manager” has the meaning ascribed to it in NRS 118B.0145; and

    (b) “Mobile home park” has the meaning ascribed to it in NRS 118B.017.

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CHAPTER 439, AB 198

Assembly Bill No. 198–Assemblymen Carpenter, Hettrick, Gustavson, Collins, Von Tobel, Neighbors, de Braga and Dini

 

CHAPTER 439

 

AN ACT relating to grazing; providing that a grazing preference right is appurtenant to base property; prohibiting a person from being deprived of that right without just compensation under certain circumstances; providing a penalty for willfully or negligently interfering with the herding or grazing of livestock or damaging or destroying certain improvements under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

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

 

    Section 1.  Chapter 568 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in the Taylor Grazing Act:

    (a) A grazing preference right shall be deemed appurtenant to base property; and

    (b) If base property or any portion of base property is sold, leased or otherwise transferred, the person to whom the property is sold, leased or otherwise transferred must not be deprived of any grazing preference right that is appurtenant to that property solely on the basis of the sale, lease or other transfer of that property unless the person consents to, or receives just compensation for, the deprivation of that right.


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other transfer of that property unless the person consents to, or receives just compensation for, the deprivation of that right.

    2.  Except as otherwise provided in NRS 568.230 to 568.370, inclusive, a person who willfully or negligently:

    (a) Interferes with the lawful herding or grazing of livestock on land:

         (1) That is base property; or

         (2) Other than base property that is located within a grazing district and upon which the livestock are herded or grazed in accordance with a permit to graze livestock issued pursuant to the provisions of the Taylor Grazing Act; or

    (b) Damages or destroys a fence, gate, facility for watering livestock or other improvement that is used to sustain livestock and is located on land specified in paragraph (a),

is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.

    3.  As used in this section:

    (a) “Base property” means any land or water in this state that is owned, occupied or controlled by a person who has obtained an appurtenant grazing preference right for that land or water pursuant to the provisions of the Taylor Grazing Act.

    (b) “Grazing preference right” means a right that:

         (1) Is conferred upon a person pursuant to the provisions of the Taylor Grazing Act; and

         (2) Entitles the person to priority in the issuance of a permit to graze livestock in accordance with those provisions.

    (c) “Taylor Grazing Act” has the meaning ascribed to it in NRS 568.010.

    Sec. 2.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.

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CHAPTER 440, AB 239

Assembly Bill No. 239–Assemblyman Nolan

 

CHAPTER 440

 

AN ACT relating to volunteers; creating a revolving account to pay the costs of the central repository to process requests from nonprofit agencies to determine whether a volunteer who works directly with children has committed a sexual offense; authorizing state and local governmental agencies to establish forms and procedures for persons to make donations to the account while they are transacting business with the governmental agency; providing that the decision by a nonprofit agency not to use the account must not be considered as evidence of negligence or causation in a civil action brought against the agency; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

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

 

    Section 1.  Chapter 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  The revolving account to investigate the background of volunteers who work with children is hereby created in the state general fund.

    2.  The director of the department shall administer the account to investigate the background of volunteers who work with children. The money in the account must be expended only to pay the costs of the central repository to process requests from nonprofit agencies to determine whether a volunteer of a nonprofit agency who works directly with children or a prospective volunteer of the nonprofit agency who will work directly with children has committed a sexual offense. The existence of the account to investigate the background of volunteers who work with children does not create a right in any person to receive money from the account.

    3.  The director of the department may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the account to investigate the background of volunteers who work with children.

    4.  The interest and income earned on money in the account from any gift, donation, or bequest, after deducting any applicable charges, must be credited to the account. Money from any gift, donation, or bequest that remains in the account at the end of the fiscal year does not revert to the state general fund, and the balance in the account must be carried forward to the next fiscal year.

    5.  The director of the department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:

    (a) The procedure by which a person may apply for a grant of money from the account to investigate the background of volunteers who work with children;

    (b) The criteria that the department will consider in determining whether to award such a grant of money from the account; and

 

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