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ê2003 Statutes of Nevada, Page 1257ê

 

CHAPTER 239, SB 125

Senate Bill No. 125–Committee on Commerce and Labor

 

CHAPTER 239

 

AN ACT relating to utilities; authorizing certain natural gas utilities to use deferred accounting for certain purposes; revising provisions governing the notice that must be provided for an application to obtain a permit for a utility facility; revising certain procedural requirements concerning applications to purchase energy, capacity or ancillary services from a provider of new electric resources; revising various provisions relating to transactions between eligible customers and providers of new electric resources; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 703.330 is hereby amended to read as follows:

      703.330  1.  A complete record must be kept of all hearings before the Commission. All testimony at such hearings must be taken down by the stenographer appointed by the Commission [,] or, under the direction of any competent person appointed by the Commission, must be reported by sound recording equipment in the manner authorized for reporting testimony in district courts. The testimony reported by a stenographer must be transcribed, and the transcript filed with the record in the matter. The Commission may by regulation provide for the transcription or safekeeping of sound recordings. [Cost] The costs of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to NRS 703.310, must be paid by the applicant. If a complaint is made pursuant to NRS 703.310 by a customer or by a political subdivision of the State or municipal organization, the complainant is not liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the Commission may apportion the costs among them in its discretion.

      2.  If a petition is served upon the Commission as provided in NRS 703.373 for the bringing of an action against the Commission, before the action is reached for trial, the Commission shall file a certified copy of all proceedings and testimony taken with the clerk of the court in which the action is pending.

      3.  A copy of the proceedings and testimony must be furnished to any party, on payment of a reasonable amount [,] to be fixed by the Commission, and the amount must be the same for all parties.

      4.  The provisions of this section do not prohibit the Commission from:

      (a) Restricting access to the records and transcripts of a hearing pursuant to paragraph (a) of subsection 3 of NRS 703.196.

      (b) Protecting the confidentiality of information pursuant to NRS 704B.310 or 704B.320 [.] or section 7 of this act.

      Sec. 2.  NRS 704.185 is hereby amended to read as follows:

      704.185  1.  A public utility which purchases natural gas for resale may record upon its books and records in deferred accounts all cost increases or decreases in the natural gas purchased for resale . [in deferred accounts.] Any public utility which [utilizes] uses deferred accounting to reflect changes in costs of natural gas purchased for resale shall include in its annual report to the Commission a statement showing the allocated rate of return for each of its operating departments in Nevada which uses deferred accounting.


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ê2003 Statutes of Nevada, Page 1258 (Chapter 239, SB 125)ê

 

public utility which [utilizes] uses deferred accounting to reflect changes in costs of natural gas purchased for resale shall include in its annual report to the Commission a statement showing the allocated rate of return for each of its operating departments in Nevada which uses deferred accounting.

      2.  If the rate of return for any department using deferred accounting pursuant to subsection 1 is greater than the rate of return allowed by the Commission in the last rate proceeding, the Commission shall order the utility which recovered any costs of natural gas purchased for resale through rates during the reported period to transfer to the next energy adjustment period that portion of such recovered amounts which exceeds the authorized rate of return.

      3.  A public utility which purchases natural gas for resale may request approval from the Commission to record upon its books and records in deferred accounts any other cost or revenue which the Commission deems appropriate for deferred accounting and which is not otherwise subject to the provisions of subsections 1 and 2. If the Commission approves such a request, the Commission shall determine the appropriate requirements for reporting and recovery that the public utility must follow with regard to each such deferred account.

      Sec. 3.  NRS 704.870 is hereby amended to read as follows:

      704.870  1.  Except as otherwise provided in subsection 2, a person who wishes to obtain a permit for a utility facility must file with the Commission an application, in such form as the Commission prescribes, containing:

      (a) A description of the location and of the utility facility to be built thereon;

      (b) A summary of any studies which have been made of the environmental impact of the facility; and

      (c) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility.

A copy or copies of the studies referred to in paragraph (b) must be filed with the Commission and be available for public inspection.

      2.  If a person wishes to obtain a permit for a utility facility and a federal agency is required to conduct an environmental analysis of the proposed utility facility, the person must:

      (a) Not later than the date on which the person files with the appropriate federal agency an application for approval for the construction of the utility facility, file with the Commission and each other permitting entity an application, in such a form as the Commission or other permitting entity prescribes, containing:

             (1) A general description of the proposed utility facility; and

             (2) A summary of any studies which the applicant anticipates will be made of the environmental impact of the facility; and

      (b) Not later than 30 days after the issuance by the appropriate federal agency of a final environmental assessment or environmental impact statement relating to the construction of the utility facility:

             (1) File with the Commission an amended application that complies with the provisions of subsection 1; and

             (2) File with each other permitting entity an amended application for a permit, license or other approval for the construction of the utility facility.


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ê2003 Statutes of Nevada, Page 1259 (Chapter 239, SB 125)ê

 

      3.  A copy of each application and amended application filed with the Commission must be filed with the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      4.  Each application and amended application filed with the Commission must be accompanied by:

      (a) Proof of service of a copy of the application or amended application on the clerk of each local government in the area in which any portion of the facility is to be located, both as primarily and as alternatively proposed; and

      (b) Proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice pursuant to paragraph (a) by the publication of a summary of the application or amended application in newspapers published and distributed in the area in which the utility facility is proposed to be located.

      5.  Not later than 5 business days after the Commission receives an application or amended application pursuant to this section, the Commission shall issue a notice concerning the application or amended application. Any person who wishes to become a party to a permit proceeding pursuant to NRS 704.885 must file with the Commission the appropriate document required by NRS 704.885 within the time frame set forth in the notice issued by the Commission pursuant to this subsection.

      Sec. 4.  NRS 704.885 is hereby amended to read as follows:

      704.885  1.  The parties to a permit proceeding include:

      (a) The applicant.

      (b) The Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (c) Each local government entitled to receive service of a copy of the application pursuant to subsection 4 of NRS 704.870, if it has filed with the Commission a notice of intervention as a party, within [30 days after the date it was served with a copy of the application.] the time frame established by the Commission pursuant to subsection 5 of NRS 704.870.

      (d) Any natural person residing in a local government entitled to receive service of a copy of the application pursuant to subsection 4 of NRS 704.870, if such a person has petitioned the Commission for leave to intervene as a party within [30 days after the date of the published notice] the time frame established by the Commission pursuant to subsection 5 of NRS 704.870 and if the petition has been granted by the Commission for good cause shown.

      (e) Any domestic nonprofit corporation or association, formed in whole or in part to promote conservation of natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the Commission a notice of intent to be a party within [30 days after the date of the published notice.] the time frame established by the Commission pursuant to subsection 5 of NRS 704.870.

      2.  Any person may make a limited appearance in the proceeding by filing a statement of position within [30 days after the date of the published notice.] the time frame established by the Commission pursuant to subsection 5 of NRS 704.870. A statement filed by a person making a limited appearance becomes part of the record. No person making a limited appearance has the right to present oral testimony or cross-examine witnesses.


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ê2003 Statutes of Nevada, Page 1260 (Chapter 239, SB 125)ê

 

appearance has the right to present oral testimony or cross-examine witnesses.

      3.  The Commission may, for good cause shown, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph (c), (d) or (e) of subsection 1, but who failed to file in a timely manner a notice of intervention, a petition for leave to intervene or a notice of intent to be a party, as the case may be.

      Sec. 5.  Chapter 704B of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

      Sec. 6.  “Consumer’s Advocate” means the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General.

      Sec. 7.  1.  An eligible customer that is purchasing energy, capacity or ancillary services from a provider of new electric resources may purchase energy, capacity or ancillary services from an alternative provider without obtaining the approval of the Commission if the terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer.

      2.  If any terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, do not conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer, the eligible customer must obtain approval from the Commission before those nonconforming terms and conditions are enforceable.

      3.  If the eligible customer files a request with the Commission for approval of any nonconforming terms and conditions, the Commission shall review and make a determination concerning the request on an expedited basis.

      4.  Notwithstanding any specific statute to the contrary, information concerning any terms and conditions of the transaction with the alternative provider that the Commission determines are commercially sensitive:

      (a) Must not be disclosed by the Commission except to the regulatory operations staff of the Commission, the Consumer’s Advocate and his staff and the affected electric utility for the purposes of carrying out the provisions of this section; and

      (b) Shall be deemed to be confidential for all other purposes, and the Commission shall take such actions as are necessary to protect the confidentiality of such information.

      Sec. 8.  NRS 704B.010 is hereby amended to read as follows:

      704B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 704B.020 to 704B.140, inclusive, and section 6 of this act have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 704B.300 is hereby amended to read as follows:

      704B.300  1.  Except as otherwise provided in this section, a provider of new electric resources may sell energy, capacity or ancillary services to one or more eligible customers if [the] :

      (a) The eligible customers have been approved to purchase energy, capacity and ancillary services from the provider pursuant to the provisions of NRS 704B.310 and 704B.320 [.] ; or


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ê2003 Statutes of Nevada, Page 1261 (Chapter 239, SB 125)ê

 

      (b) The transaction complies with the provisions of section 7 of this act.

      2.  A provider of new electric resources shall not sell energy, capacity or ancillary services to an eligible customer [:

      (a) Before April 1, 2002, if the eligible customer’s load is in the service territory of an electric utility that primarily serves less densely populated counties;

      (b) Before June 1, 2002, if the eligible customer’s load is in the service territory of an electric utility that primarily serves densely populated counties; or

      (c) If] if the transaction violates the provisions of this chapter.

      3.  A provider of new electric resources that sells energy, capacity or ancillary services to an eligible customer pursuant to the provisions of this chapter:

      (a) Does not become and shall not be deemed to be a public utility solely because of that transaction; and

      (b) Does not become and shall not be deemed to be subject to the jurisdiction of the Commission except as otherwise provided in this chapter or by specific statute.

      4.  If a provider of new electric resources is not a public utility in this state and is not otherwise authorized by the provisions of a specific statute to sell energy, capacity or ancillary services at retail in this state, the provider shall not sell energy, capacity or ancillary services at retail in this state to a person or entity that is not an eligible customer.

      Sec. 10.  NRS 704B.310 is hereby amended to read as follows:

      704B.310  1.  An eligible customer that is purchasing bundled electric service for all or any part of its load from an electric utility shall not purchase energy, capacity or ancillary services from a provider of new electric resources [and an eligible customer that is purchasing energy, capacity or ancillary services from a provider of new electric resources shall not purchase energy, capacity or ancillary services from another provider] unless:

      (a) The eligible customer files an application with the Commission not later than 180 days before the date on which the eligible customer intends to begin purchasing energy, capacity or ancillary services from the provider [;] , except that the Commission may allow the eligible customer to file the application within any shorter period that the Commission deems appropriate; and

      (b) The Commission approves the application by a written order issued in accordance with the provisions of this section and NRS 704B.320.

[The date on which the eligible customer intends to begin purchasing energy, capacity or ancillary services from the provider must not be sooner than the date on which the provider is authorized by NRS 704B.300 to begin selling energy, capacity or ancillary services to the eligible customer.]

      2.  Except as otherwise provided in subsection 3, each application filed pursuant to this section must include:

      (a) Information demonstrating that the person filing the application is an eligible customer;

      (b) Information demonstrating that the proposed provider will provide energy, capacity or ancillary services from a new electric resource;

      (c) Information concerning the terms and conditions of the proposed transaction that is necessary for the Commission to evaluate the impact of the proposed transaction on customers and the public interest, including, without limitation, information concerning the duration of the proposed transaction and the amount of energy, capacity or ancillary services to be purchased from the provider; and


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ê2003 Statutes of Nevada, Page 1262 (Chapter 239, SB 125)ê

 

proposed transaction on customers and the public interest, including, without limitation, information concerning the duration of the proposed transaction and the amount of energy, capacity or ancillary services to be purchased from the provider; and

      (d) Any other information required pursuant to the regulations adopted by the Commission.

      3.  Except as otherwise provided in NRS 704B.320, the Commission shall not require the eligible customer or provider to disclose:

      (a) The price that is being paid by the eligible customer to purchase energy, capacity or ancillary services from the provider; or

      (b) Any other terms or conditions of the proposed transaction that the Commission determines are commercially sensitive.

      4.  The Commission shall provide public notice of the application of the eligible customer and an opportunity for a hearing on the application in a manner that is consistent with the provisions of NRS 703.320 and the regulations adopted by the Commission.

      5.  The Commission shall approve the application of the eligible customer unless the Commission finds that the proposed transaction:

      (a) Will be contrary to the public interest; or

      (b) Does not comply with the provisions of NRS 704B.320, if those provisions apply to the proposed transaction.

      6.  In determining whether the proposed transaction will be contrary to the public interest, the Commission shall consider, without limitation:

      (a) Whether the electric utility that has been providing electric service to the eligible customer will be burdened by increased costs as a result of the proposed transaction or whether any remaining customer of the electric utility will pay increased costs for electric service as a result of the proposed transaction;

      (b) Whether the proposed transaction will impair system reliability or the ability of the electric utility to provide electric service to its remaining customers; and

      (c) Whether the proposed transaction will add energy, capacity or ancillary services to the supply in this state.

      7.  If the Commission approves the application of the eligible customer:

      (a) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than 180 days after the date on which the application was filed [;] , unless the Commission allows the eligible customer to begin purchasing energy, capacity or ancillary services from the provider at an earlier date; and

      (b) The Commission shall order such terms, conditions and payments as the Commission deems necessary and appropriate to ensure that the proposed transaction will not be contrary to the public interest. Such terms, conditions and payments:

             (1) Must be fair and nondiscriminatory as between the eligible customer and the remaining customers of the electric utility; and

             (2) Must include, without limitation, payment by the eligible customer to the electric utility of the eligible customer’s load-share portion of any unrecovered balance in the deferred accounts of the electric utility.

      8.  If the Commission does not enter a final order on the application of the eligible customer within [90] 150 days after the date on which the application was filed with the Commission:


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ê2003 Statutes of Nevada, Page 1263 (Chapter 239, SB 125)ê

 

      (a) The application shall be deemed to be approved by the Commission; and

      (b) The eligible customer [shall not] may begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction . [sooner than 180 days after the date on which the application was filed.]

      Sec. 11.  NRS 704B.320 is hereby amended to read as follows:

      704B.320  1.  For eligible customers whose loads are in the service territory of an electric utility that primarily serves densely populated counties, the aggregate amount of energy that all such eligible customers purchase from providers of new electric resources before July 1, 2003, must not exceed 50 percent of the difference between the existing supply of energy generated in this state that is available to the electric utility and the existing demand for energy in this state that is consumed by the customers of the electric utility, as determined by the Commission.

      2.  An eligible customer that is a nongovernmental commercial or industrial end-use customer whose load is in the service territory of an electric utility that primarily serves densely populated counties shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless, as part of the proposed transaction, the eligible customer agrees to:

      (a) Contract with the provider to purchase:

             (1) An additional amount of energy which is equal to 10 percent of the total amount of energy that the eligible customer is purchasing for its own use under the proposed transaction and which is purchased at the same price, terms and conditions as the energy purchased by the eligible customer for its own use; and

             (2) The capacity and ancillary services associated with the additional amount of energy at the same price, terms and conditions as the capacity and ancillary services purchased by the eligible customer for its own use; and

      (b) Offers to assign the rights to the contract to the electric utility for use by the remaining customers of the electric utility.

      3.  If an eligible customer is subject to the provisions of subsection 2, the eligible customer shall include with its application filed pursuant to NRS 704B.310 all information concerning the contract offered to the electric utility that is necessary for the Commission to determine whether it is in the best interest of the remaining customers of the electric utility for the electric utility to accept the rights to the contract. Such information must include, without limitation, the amount of the energy and capacity to be purchased under the contract, the price of the energy, capacity and ancillary services and the duration of the contract.

      4.  Notwithstanding any specific statute to the contrary, information concerning the price of the energy, capacity and ancillary services and any other terms or conditions of the contract that the Commission determines are commercially sensitive:

      (a) Must not be disclosed by the Commission except to the regulatory operations staff of the Commission, the Consumer’s Advocate and his staff and the electric utility for the purposes of carrying out the provisions of this section; and

      (b) Shall be deemed to be confidential for all other purposes, and the Commission shall take such actions as are necessary to protect the confidentiality of such information.


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ê2003 Statutes of Nevada, Page 1264 (Chapter 239, SB 125)ê

 

      5.  If the Commission determines that the contract:

      (a) Is not in the best interest of the remaining customers of the electric utility, the electric utility shall not accept the rights to the contract, and the eligible customer is entitled to all rights to the contract.

      (b) Is in the best interest of the remaining customers of the electric utility, the electric utility shall accept the rights to the contract and the eligible customer shall assign all rights to the contract to the electric utility. A contract that is assigned to the electric utility pursuant to this paragraph shall be deemed to be an approved part of the resource plan of the electric utility and a prudent investment, and the electric utility may recover all costs for the energy, capacity and ancillary services acquired pursuant to the contract. To the extent practicable, the Commission shall take actions to ensure that the electric utility uses the energy, capacity and ancillary services acquired pursuant to each such contract only for the benefit of the remaining customers of the electric utility that are not eligible customers, with a preference for the remaining customers of the electric utility that are residential customers with small loads.

      6.  The provisions of this section do not exempt the electric utility, in whole or in part, from the requirements imposed on the electric utility pursuant to NRS 704.7801 to 704.7828, inclusive, to comply with its portfolio standard for renewable energy. The Commission shall not take any actions pursuant to this section that conflict with or diminish those requirements.

      [7.  As used in this section, “Consumer’s Advocate” means the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General.]

      Sec. 12.  This act becomes effective upon passage and approval.

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ê2003 Statutes of Nevada, Page 1265ê

 

CHAPTER 240, SB 323

Senate Bill No. 323–Senator Shaffer

 

CHAPTER 240

 

AN ACT relating to professions; changing the name of the State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories to the Nevada State Funeral Board; removing the limitation concerning the number of consecutive terms of office a member of the Board may serve; authorizing the Board to establish certain fees by regulation; authorizing the Board to issue an order to desist or refrain from engaging in certain unlawful acts; authorizing the Board to order an immediate suspension of a license, permit or certificate under certain circumstances; revising certain provisions relating to disciplinary action; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 622.010 is hereby amended to read as follows:

      622.010  As used in this chapter, unless the context otherwise requires, “occupational licensing board” includes, without limitation:

      1.  The State Board of Architecture, Interior Design and Residential Design.

      2.  The State Board of Landscape Architecture.

      3.  The State Contractors’ Board.

      4.  The State Board of Professional Engineers and Land Surveyors.

      5.  The Board of Registered Environmental Health Specialists.

      6.  The Nevada State Board of Accountancy.

      7.  The Board of Medical Examiners.

      8.  The Board of Homeopathic Medical Examiners.

      9.  The Board of Dental Examiners of Nevada.

      10.  The State Board of Nursing.

      11.  The State Board of Osteopathic Medicine.

      12.  The Chiropractic Physicians’ Board of Nevada.

      13.  The State Board of Oriental Medicine.

      14.  The State Board of Podiatry.

      15.  The Nevada State Board of Optometry.

      16.  The Board of Dispensing Opticians.

      17.  The Board of Hearing Aid Specialists.

      18.  The Board of Examiners for Audiology and Speech Pathology.

      19.  The Nevada State Board of Veterinary Medical Examiners.

      20.  The State Board of Pharmacy.

      21.  The State Board of Physical Therapy Examiners.

      22.  The Board of Occupational Therapy.

      23.  The Board of Psychological Examiners.

      24.  The Board of Examiners for Marriage and Family Therapists.

      25.  The Board of Examiners for Social Workers.

      26.  The Board of Examiners for Alcohol and Drug Abuse Counselors.


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ê2003 Statutes of Nevada, Page 1266 (Chapter 240, SB 323)ê

 

      27.  The [State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories.] Nevada State Funeral Board.

      28.  The State Barbers’ Health and Sanitation Board.

      29.  The State Board of Cosmetology.

      30.  The Real Estate Division of the Department of Business and Industry.

      31.  The Commissioner of Financial Institutions.

      32.  The Private Investigator’s Licensing Board.

      33.  The Health Division of the Department of Human Resources.

      34.  The Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care.

      35.  The Certified Court Reporters’ Board of Nevada.

      Sec. 2.  Chapter 642 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6.7, inclusive, of this act.

      Sec. 3.  “International Conference of Funeral Service Examining Boards” means the International Conference of Funeral Service Examining Boards, Incorporated, or any successor in interest to that organization.

      Sec. 4.  1.  The actions and remedies authorized by this chapter are cumulative.

      2.  When an agency or officer elects to take a particular action or pursue a particular remedy authorized by this chapter or another specific statute, that election is not exclusive and does not preclude the agency or officer or another agency or officer from taking any other actions or pursuing any other remedies authorized by this chapter or another specific statute.

      Sec. 5.  1.  If the Board has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter or chapter 451 or 452 of NRS, any regulation adopted by the Board pursuant thereto or any order of the Board, the Board may enter an order requiring the person to desist or refrain from engaging in the violation.

      2.  The provisions of NRS 241.034 do not apply to any action that is taken by the Board pursuant to this section.

      Sec. 6.  1.  If the Board finds that probable cause exists for the revocation of a license, permit or certificate issued by the Board pursuant to the provisions of this chapter or chapter 451 or 452 of NRS, and that enforcement of the provisions of this chapter or chapter 451 or 452 of NRS requires immediate suspension of the license, permit or certificate pending an investigation, the Board may, upon 5 days’ written notice and a preliminary hearing, enter an order suspending the license, permit or certificate for a period of not more than 60 days, pending a hearing upon the revocation of the license, permit or certificate.

      2.  For the purposes of this section, notice shall be deemed to be sufficient if the notice is personally served on the holder of the license, permit or certificate or posted at the address of the holder, as indicated in the records of the Board, at least 5 days before the preliminary hearing.

      3.  The provisions of NRS 241.034 do not apply to any action that is taken by the Board pursuant to this section.

      Sec. 6.3.  In addition to the fees that the Board is authorized or required to collect pursuant to the provisions of a specific statute, the Board shall charge and collect the following fees:


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ê2003 Statutes of Nevada, Page 1267 (Chapter 240, SB 323)ê

 

Application for a license, certificate or permit............................... $375

Examination for a license, certificate or permit............................... 375

Renewal of a license, certificate or permit......................................... 200

Late renewal of a license, certificate or permit................................. 275

Placement of a license on inactive status............................................ 175

Reactivation of a license to active status............................................ 175

Reinstatement of a lapsed license......................................................... 300

Transfer of a license, certificate or permit to another location..... 225

Issuance of a duplicate license, certificate or permit......................... 75

Provision of an administrative service................................................... 75

 

      Sec. 6.7.  1.  The Board may provide for a temporary authorization for an applicant for a license, certificate or permit issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS. The temporary authorization allows an applicant who has satisfied the requirements of and paid the applicable fees for the license, certificate or permit to carry out the duties authorized by the license, certificate or permit.

      2.  The temporary authorization is effective during the period which begins upon issuance by the Board and ends when the Board takes action on the application for the license, certificate or permit.

      Sec. 7.  NRS 642.005 is hereby amended to read as follows:

      642.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 642.010 to 642.017, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 642.010 is hereby amended to read as follows:

      642.010  “Board” means the [State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories.] Nevada State Funeral Board.

      Sec. 9.  NRS 642.019 is hereby amended to read as follows:

      642.019  Each holder of a license , permit or certificate issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS shall comply with the provisions of Part 453 of Title 16 of the Code of Federal Regulations.

      Sec. 10.  NRS 642.020 is hereby amended to read as follows:

      642.020  1.  The [State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories,] Nevada State Funeral Board, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) One member who is actively engaged as a funeral director and embalmer.

      (b) One member who is actively engaged as an operator of a cemetery.

      (c) One member who is actively engaged in the operation of a crematory.

      (d) Two members who are representatives of the general public.

      3.  No member who is a representative of the general public may:

      (a) Be the holder of a license or certificate issued by the Board or be an applicant or former applicant for such a license or certificate.

      (b) Be related within the third degree of consanguinity or affinity to the holder of a license or certificate issued by the Board.

      (c) Be employed by the holder of a license or certificate issued by the Board.


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ê2003 Statutes of Nevada, Page 1268 (Chapter 240, SB 323)ê

 

      4.  After the initial terms, members of the Board serve terms of 4 years, except when appointed to fill unexpired terms. [Each member may serve no more than two consecutive full terms.]

      5.  The Chairman of the Board must be chosen from the members of the Board who are representatives of the general public.

      Sec. 11.  NRS 642.055 is hereby amended to read as follows:

      642.055  The Board may:

      1.  Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter [.] and chapters 451 and 452 of NRS.

      2.  Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

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

      Sec. 14.  NRS 642.067 is hereby amended to read as follows:

      642.067  The Board may inspect any premises in which the business of funeral directing is conducted or where embalming is practiced [,] and , for that purpose , may employ a licensed embalmer of the State of Nevada as an inspector to aid in the enforcement of this chapter and chapters 451 and 452 of NRS and the [rules] regulations adopted pursuant thereto, whose compensation and expenses shall be paid out of the fees collected by the Board.

      Sec. 15.  NRS 642.0677 is hereby amended to read as follows:

      642.0677  1.  A member of the Board’s staff who is designated by the Board may investigate an alleged violation of any provision of this chapter [.] or chapter 451 or 452 of NRS, any regulation adopted pursuant thereto or any order of the Board.

      2.  The designated member of the Board’s staff shall report his findings to the Attorney General, who shall:

      (a) Dismiss the investigation;

      (b) Proceed in accordance with the provisions of this chapter or chapter 451 or 452 of NRS, as appropriate, and chapter 233B of NRS; or

      (c) Investigate the matter further before acting pursuant to paragraph (a) or (b).

      Sec. 16.  NRS 642.069 is hereby amended to read as follows:

      642.069  1.  The Board shall charge and collect an annual fee from each holder of a license or certificate issued by the Board pursuant to chapter 451 or 452 of NRS . [an]

      2.  The Board shall adopt regulations which establish the annual fee in an amount that is sufficient in the aggregate, together with the fees received from applicants during the previous year, to defray the Board’s necessary expenses in performing its duties [under those chapters.] pursuant to chapters 451 and 452 of NRS.

      Sec. 17.  NRS 642.070 is hereby amended to read as follows:

      642.070  All fees collected under the provisions of this chapter [shall] and chapters 451 and 452 of NRS must be paid to the Treasurer of the Board to be used to defray the necessary expenses of the Board. The Treasurer shall deposit the fees in banks, credit unions or savings and loan associations in the State of Nevada.

      Sec. 18.  NRS 642.075 is hereby amended to read as follows:

      642.075  1.  Except as otherwise provided in subsection 4, all reasonable expenses incurred by the Board in carrying out the provisions of this chapter and chapters 451 and 452 of NRS must be paid from the money which it receives.


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which it receives. No part of the salaries or expenses of the Board may be paid out of the State General Fund.

      2.  Except as otherwise provided in this section, all money collected by the Board from the imposition of fines must be deposited with the State Treasurer for credit to the State General Fund. All other money received by the Board must be deposited in qualified banks, credit unions or savings and loan associations in this state and paid out on its order for its expenses.

      3.  The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter [,] or chapter 451 or 452 of NRS, to impose and collect fines therefor and to deposit the money therefrom in banks, credit unions or savings and loan associations in this state.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 19.  NRS 642.080 is hereby amended to read as follows:

      642.080  [An] Except as otherwise provided in NRS 642.100, an applicant for a license to practice the profession of embalming in the State of Nevada shall:

      1.  Have attained the age of 18 years.

      2.  Be of good moral character.

      3.  Be a high school graduate and have completed 2 academic years of instruction by taking 60 semester or 90 quarter hours at an accredited college or university. Credits earned at an embalming college or school of mortuary science do not fulfill this requirement.

      4.  Have completed 12 full months of instruction in an embalming college or school of mortuary science which is accredited by the International Conference of Funeral [Services] Service Examining Boards [of the United States, Incorporated,] and approved by the Board, and have not less than 1 year’s practical experience under the supervision of an embalmer licensed in the State of Nevada.

      5.  Have actually embalmed at least 50 bodies under the supervision of a licensed embalmer prior to the date of application.

      6.  Present to the Board affidavits of at least two reputable residents of the county in which the applicant proposes to engage in the practice of an embalmer to the effect that the applicant is of good moral character.

      Sec. 20.  NRS 642.090 is hereby amended to read as follows:

      642.090  1.  Every person who wishes to practice the profession of embalming must appear before the Board and [, upon payment of a fee not to exceed $300 to cover expenses of examination,] must be examined in the knowledge of the subjects set forth in subsection [2.] 5.

      2.  If a person is a registered apprentice, the person must fulfill the requirements of NRS 642.310 and 642.330 before the person may take the examination.

      3.  If a person is not a registered apprentice, the person must pay the examination fee prescribed in section 6.3 of this act before the person may take the examination.

      4.  Examinations must be in writing, and the Board may require actual demonstration on a cadaver. An applicant who has passed the national examination given by the International Conference of Funeral Service Examining Boards is not required to take any portion of the examination set forth in subsection [2] 5 that repeats or duplicates a portion of the national examination.


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examination given by the International Conference of Funeral Service Examining Boards is not required to take any portion of the examination set forth in subsection [2] 5 that repeats or duplicates a portion of the national examination. All examination papers must be kept on record by the Board.

      [2.] 5.  The members of the Board shall examine applicants for licenses in the following subjects:

      (a) Anatomy, sanitary science and signs of death.

      (b) Care, disinfection, preservation, transportation of and burial or other final disposition of dead bodies.

      (c) The manner in which death may be determined.

      (d) The prevention of the spread of infectious and contagious diseases.

      (e) Chemistry, including toxicology.

      (f) Restorative art, including plastic surgery and derma surgery.

      (g) The laws and regulations of this state relating to funeral directing and embalming.

      (h) Regulations of the State Board of Health relating to infectious diseases and quarantine.

      (i) Any other subject which the Board may determine by regulation to be necessary or proper to prove the efficiency and qualification of the applicant.

      [3.] 6.  If an applicant fulfills the requirements [of NRS 642.0195 and 642.080 and] set forth in this chapter to be licensed to practice the profession of embalming, has passed the examination [provided for] required by this chapter [,] and has paid all fees related to the application and the examination, the Board shall issue to the applicant a license to practice the profession of embalming for 1 year.

      Sec. 21.  NRS 642.100 is hereby amended to read as follows:

      642.100  Reciprocity may be arranged by the Board if an applicant:

      1.  Is a graduate of an embalming college or a school of mortuary science which is accredited by the International Conference of Funeral Service Examining Boards [;] and approved by the Board;

      2.  Is licensed as an embalmer in another state;

      3.  Has practiced embalming successfully for at least 5 years and practiced actively for 2 years immediately preceding the application for a license by reciprocity;

      4.  Is of good moral character;

      5.  Has passed the examination given by the Board on the subjects set forth in subsection [2] 5 of NRS 642.090 or the national examination given by the International Conference of Funeral Service Examining Boards;

      6.  Possesses knowledge of the applicable statutes and regulations of this state governing embalmers; and

      7.  Pays [a fee not to exceed $300] to the Secretary of the Board [.] the fees prescribed in section 6.3 of this act.

      Sec. 22.  NRS 642.115 is hereby amended to read as follows:

      642.115  1.  Upon written request to the Board and payment of [a fee not to exceed $150,] the fee prescribed in section 6.3 of this act, a person who is licensed to practice the profession of embalming in this state and who is a licensee in good standing may have his license placed on inactive status. A licensee whose license has been placed on inactive status shall not engage in the practice of the profession of embalming during the period in which his license is inactive.

      2.  If a licensee wishes to resume the practice of the profession of embalming, the Board shall reactivate his license upon the:


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      (a) Demonstration, if deemed necessary by the Board, that he is qualified and competent to practice;

      (b) Completion of an application; and

      (c) Payment of the fee for the renewal of the license and any other fees related to the reactivation of the license.

      3.  A licensee is not required to pay the fee [, including penalties,] for the renewal of [a] his license or any fees or penalties related to the renewal of his license for any year during the period in which his license was inactive.

      Sec. 23.  NRS 642.120 is hereby amended to read as follows:

      642.120  1.  If a licensee wishes to renew his license, the Board shall renew his license, except for cause, [and the annual fee for the renewal of a license must not exceed the sum of $200.] if the licensee complies with the provisions of this section.

      2.  The [Board shall mail on or before January 1 of each year to each licensed embalmer, addressed to him at his last known address, a notice that his] renewal fee prescribed in section 6.3 of this act and the statement required pursuant to NRS 642.0195 are due [and that if] on January 1 of each year. If the statement is not submitted or the renewal fee is not paid by February 1 , a [penalty of $100] fee for the late renewal of the license will be added to the renewal fee, and in no case will the [penalty] fee be waived.

      [3.] 4.  Upon receipt of the statement , [and] the renewal fee and any penalties imposed pursuant to subsection [2,] 3, the Board shall issue a renewal certificate to the licensee.

      Sec. 24.  NRS 642.130 is hereby amended to read as follows:

      642.130  The following acts are grounds for which the Board may take disciplinary action against a person who is licensed to practice the profession of embalming pursuant to this chapter or refuse to issue such a license to an applicant therefor:

      1.  Gross incompetency.

      2.  Unprofessional, unethical or dishonest conduct.

      3.  Habitual intemperance.

      4.  Fraud or misrepresentation in obtaining or attempting to obtain a license to practice the profession of embalming.

      5.  Employment by the licensee of persons commonly known as “cappers,” “steerers” or “solicitors,” or of other persons to obtain funeral directing or embalming business.

      6.  Malpractice.

      7.  Gross immorality.

      8.  The unlawful use of any controlled substance.

      9.  Conviction of a felony.

      10.  False or misleading advertising as defined in NRS 642.490, or false or misleading statements in the sale of merchandise or services.

      11.  Refusal to surrender promptly the custody of a dead human body upon the request of a person who is legally entitled to custody of the body.

      12.  Violation by the licensee of any provision of this chapter, any regulation adopted pursuant thereto , any order of the Board or any other law of this state relating to the practice of any of the professions regulated by the Board.

      13.  The theft or misappropriation of money in a trust fund established and maintained pursuant to chapter 689 of NRS.


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      Sec. 25.  NRS 642.180 is hereby amended to read as follows:

      642.180  1.  No person may serve as an apprentice under a licensed embalmer or attempt to serve as an apprentice to a licensed embalmer without first having procured from the Board a certificate of registration as [an apprentice, and apprentices shall] a registered apprentice.

      2.  Registered apprentices must be regularly employed as full-time employees to receive apprenticeship credit.

      Sec. 26.  NRS 642.190 is hereby amended to read as follows:

      642.190  Each applicant for a certificate of registration as a registered apprentice [shall be] must:

      1.  Be of good moral character [,] and possess temperate habits [, be] ;

      2.  Be at least 18 years of age [, and present] ;

      3.  Fulfill the requirements set forth in this chapter to be a registered apprentice;

      4.  Present an affidavit from his preceptor that such applicant shall enter upon his duties as soon as [such] the certificate is granted [.] ; and

      5.  Pay any fees related to the application.

      Sec. 27.  NRS 642.200 is hereby amended to read as follows:

      642.200  1.  [Any person registering as an apprentice embalmer] Each applicant for a certificate of registration as a registered apprentice shall furnish proof that he is a high school graduate and has completed 2 academic years of instruction by taking 60 semester or 90 quarter hours at an accredited college or university. Credits earned at an embalming college or a school of mortuary science do not fulfill this requirement.

      2.  Such proof [shall] must be furnished before [such apprentice can be registered with the Board.] the applicant may be issued a certificate of registration as a registered apprentice.

      Sec. 28.  NRS 642.210 is hereby amended to read as follows:

      642.210  1.  An applicant for a certificate of registration as a registered apprentice shall immediately notify the Secretary of the Board of such fact in order to receive credit for time spent.

      2.  Credit on the required apprenticeship commences on the date the application for [apprenticeship] the certificate of registration is filed with the Secretary of the Board, and no applications may be accepted antedated.

      Sec. 29.  NRS 642.220 is hereby amended to read as follows:

      642.220  1.  Each registered apprentice must pay [a fee not to exceed $100 per year to the Board] :

      (a) The annual fee prescribed in section 6.3 of this act; and

      (b) Any other fees prescribed in section 6.3 of this act.

      2.  Each registered apprentice shall carry an apprentice card certified by the Secretary of the Board.

      Sec. 30.  NRS 642.240 is hereby amended to read as follows:

      642.240  Each licensed embalmer [in the State of Nevada,] who has under his supervision or control a [person serving as an apprentice embalmer,] registered apprentice shall report such fact to the Board semiannually on or before January 1 and July 1 of each year. The Secretary of the Board shall immediately forward to such embalmer forms wherein information desired by the Board shall be requested by interrogations. Such reports shall disclose the work which such apprentice has performed during the semiannual period preceding the first of the month on which such report is made, including the number of bodies such apprentice has assisted in embalming or otherwise prepared for disposition during that period.


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      Sec. 31.  NRS 642.250 is hereby amended to read as follows:

      642.250  1.  No licensed embalmer may permit any person in his employ or under his supervision or control to serve him as an apprentice unless such person has a certificate of registration as a registered apprentice.

      2.  A licensed embalmer may have no more than one [licensed] registered apprentice serving under him at any one time.

      Sec. 32.  NRS 642.270 is hereby amended to read as follows:

      642.270  No registered apprentice as such may advertise or hold himself out as a [registered] licensed embalmer, or use any title or abbreviation indicating that he is an embalmer, undertaker, mortician or funeral director.

      Sec. 33.  NRS 642.280 is hereby amended to read as follows:

      642.280  [Every person who is registered as an apprentice with the Board] Each registered apprentice shall have his certificate of registration posted in a conspicuous place in his preceptor’s place of business.

      Sec. 34.  NRS 642.290 is hereby amended to read as follows:

      642.290  [Application by an]

      1.  A registered apprentice may apply for a leave of absence and for the extension [thereof shall be filed] of any leave of absence by:

      (a) Filing an application with the Secretary of the Board ; and

      (b) Paying any fees related to the application.

      2.  The application may be granted by the Board, if the facts of the case disclose sufficient reason for granting the request.

      Sec. 35.  NRS 642.300 is hereby amended to read as follows:

      642.300  [Apprenticeship in embalming]

      1.  A certificate of registration expires 1 year after the date of issuance of the certificate by the Board, [and no] unless the certificate is renewed in accordance with the regulations adopted by the Board.

      2.  No person may [be registered as an] hold a certificate of registration as a registered apprentice entitling him to practice the occupation of an embalmer’s apprentice under a licensed embalmer more than 2 consecutive years without successfully passing the examination for [embalmers given by the Board.] a license to practice the profession of embalming pursuant to NRS 642.090.

      Sec. 36.  NRS 642.310 is hereby amended to read as follows:

      642.310  [The application of an apprentice making application to the Board to take an] Before a registered apprentice may take the examination for [an embalmer’s license shall be on file in the Secretary’s office, accompanied by a fee of $100,] a license to practice the profession of embalming pursuant to NRS 642.090, the registered apprentice must file an application with the Secretary of the Board and pay the examination fee prescribed in section 6.3 of this act, not later than 30 days [prior to] before the date of such examination.

      Sec. 37.  NRS 642.320 is hereby amended to read as follows:

      642.320  All registered apprentices shall file applications for licenses to practice the profession of embalming within 12 months after they have completed the [prescribed 1 year’s] required 1 year of apprenticeship. Failure to do so automatically revokes [apprenticeship] the certificate of registration.

      Sec. 38.  NRS 642.330 is hereby amended to read as follows:

      642.330  [All applicants shall hold a diploma from]

      1.  Before a registered apprentice may take the examination for a license to practice the profession of embalming pursuant to NRS 642.090, the registered apprentice must have completed instruction in an accredited and approved embalming college [,] or school of mortuary science, as prescribed by NRS 642.080 .


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the registered apprentice must have completed instruction in an accredited and approved embalming college [,] or school of mortuary science, as prescribed by NRS 642.080 . [, before taking the examination. The examination may be taken]

      2.  A registered apprentice may take the examination for a license to practice the profession of embalming pursuant to NRS 642.090 before the [applicant] registered apprentice has completed the required 1 year of apprenticeship.

      Sec. 39.  NRS 642.360 is hereby amended to read as follows:

      642.360  1.  An application for [a permit to operate a funeral establishment,] a funeral director’s license or a license to conduct direct cremations or immediate burials must be in writing and verified on a form provided by the Board.

      2.  Each applicant must be over 18 years of age and of good moral character.

      3.  Except as otherwise provided in subsection 4, each applicant for a funeral director’s license must pass an examination given by the Board upon the following subjects:

      (a) The signs of death.

      (b) The manner by which death may be determined.

      (c) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons dying from infectious or contagious diseases.

      (d) Local health and sanitary ordinances and regulations relating to funeral directing and embalming.

      (e) Federal regulations governing funeral practices.

      (f) The laws and regulations of this state relating to funeral directing and embalming.

      4.  An applicant who has passed the national examination given by the International Conference of Funeral Service Examining Boards is not required to take any portion of the examination set forth in subsection 3 that repeats or duplicates a portion of the national examination.

      5.  [The] An application for:

      (a) A funeral director’s license must be accompanied by [a fee not to exceed $300.] the application fee and the examination fee prescribed in section 6.3 of this act.

      (b) A license to conduct direct cremations or immediate burials must be accompanied by the application fee prescribed in section 6.3 of this act.

      Sec. 40.  NRS 642.365 is hereby amended to read as follows:

      642.365  1.  An application for a permit to operate a funeral establishment must be in writing and verified on a form provided by the Board.

      2.  Each applicant must furnish proof satisfactory to the Board that:

      (a) He is of good moral character;

      (b) He is at least 18 years old; and

      (c) The funeral establishment for which he is requesting the permit is constructed, equipped and maintained in the manner described in NRS 642.016.

      3.  Each application must be accompanied by [a fee not to exceed $300.] the application fee prescribed in section 6.3 of this act.


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      Sec. 41.  NRS 642.390 is hereby amended to read as follows:

      642.390  Upon receipt of an application for a permit to operate a funeral establishment, a funeral director’s license or a license to conduct direct cremations or immediate burials, the Board shall cause an investigation to be made as to the character of the applicant, and may require such showing as will reasonably prove his good moral character.

      Sec. 42.  NRS 642.400 is hereby amended to read as follows:

      642.400  1.  The Board may subpoena witnesses . [and, after]

      2.  After a proper hearing, the Board shall issue to an applicant a funeral director’s license or a license to conduct direct cremations or immediate burials if it finds that the applicant [is] :

      (a) Is of good moral character [.] ;

      (b) Fulfills the requirements set forth in this chapter for the license; and

      (c) Has paid all fees related to the application.

      Sec. 43.  NRS 642.415 is hereby amended to read as follows:

      642.415  The Board may charge a fee for providing materials relating to the provisions of this chapter or chapter 451 or 452 of NRS which are requested by persons who have been issued permits, licenses and certificates pursuant to this chapter or chapter 451 or 452 of NRS or by members of the general public. The fee may not exceed the cost incurred by the Board to provide those materials.

      Sec. 43.5.  NRS 642.420 is hereby amended to read as follows:

      642.420  [1.]  Each licensed funeral director and each person who is licensed to conduct direct cremations or immediate burials shall pay [an] the annual fee prescribed in section 6.3 of this act for the renewal of his license.

      [2.  The renewal fee, payable by a licensed funeral director or a person licensed to conduct direct cremations or immediate burials, must not exceed $200.]

      Sec. 44.  NRS 642.430 is hereby amended to read as follows:

      642.430  1.  The Board shall mail, on or before January 1 of each year, to each licensed funeral director and each person licensed to conduct direct cremations or immediate burials, addressed to him at his last known address, a notice that his renewal fee is due and that if the renewal fee is not paid by February 1, a [penalty not to exceed $200,] fee for the late renewal of the license will be added to the renewal fee, and in no case will the [penalty] fee be waived.

      2.  Upon receipt of the renewal fee, the statement required pursuant to NRS 642.0195 and any penalties imposed pursuant to subsection 1, the Board shall issue a renewal certificate to the licensee.

      Sec. 45.  NRS 642.435 is hereby amended to read as follows:

      642.435  1.  Each person who is issued a permit to operate a funeral establishment must pay [an annual fee , not to exceed $200,] the annual fee prescribed in section 6.3 of this act for the renewal of the permit.

      2.  The Board shall, before renewing a permit to operate a funeral establishment, make an unannounced inspection of the establishment for which the permit was issued to ensure compliance with:

      (a) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons who have died from infectious or contagious diseases;

      (b) Local health and sanitary ordinances and regulations relating to funeral directing and embalming; and


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      (c) Federal regulations governing funeral practices.

Each [owner of a funeral establishment] person who is issued a permit to operate a funeral establishment shall be deemed to have consented to such an inspection as a condition for the issuance of the permit.

      3.  The Board shall, on or before January 1 of each year, mail to each holder of a permit to operate a funeral establishment a notice that the renewal fee for the permit is due and that if [that] the renewal fee is not paid by February 1, a penalty [not to exceed $200] will be added to the renewal fee, and in no case will the penalty be waived.

      4.  Upon receipt of the renewal fee and any penalties imposed by the Board pursuant to subsection 3, the Board shall issue a renewal certificate to the [owner of the funeral establishment.] holder of the permit.

      Sec. 46.  NRS 642.450 is hereby amended to read as follows:

      642.450  1.  In case of the death of a licensed funeral director who leaves a funeral establishment as part or all of his estate, the Board may issue to the legal representative of the deceased funeral director, if the legal representative is of good moral character, a special temporary license as a funeral director for the duration of the administration of the estate, but in no case to exceed 1 year.

      2.  The fees for the application, issuance and renewal of a special temporary license [issued pursuant to subsection 1] and any other fees related to the special temporary license and the time for payment [thereof] of such fees must be the same as those required for regular licenses.

      Sec. 47.  NRS 642.455 is hereby amended to read as follows:

      642.455  1.  Upon written request to the Board and payment of [a fee not to exceed $150,] the fee prescribed in section 6.3 of this act, a person who holds a funeral director’s license or a license to conduct direct cremations or immediate burials and who is a licensee in good standing may have his license placed on inactive status. A licensee whose license has been placed on inactive status shall not engage in the business of funeral directing or conducting direct cremations or immediate burials during the period in which his license is inactive.

      2.  If a licensee wishes to resume the business of funeral directing or conducting direct cremations or immediate burials, the Board shall reactivate his license upon the:

      (a) Demonstration, if deemed necessary by the Board, that he is qualified and competent to practice;

      (b) Completion of an application; and

      (c) Payment of the fee for the renewal of the license and any other fees related to the reactivation of the license.

      3.  A licensee is not required to pay the fee [, including penalties,] for the renewal of [a] his license or any fees or penalties related to the renewal of his license for any year during the period in which his license was inactive.

      Sec. 48.  NRS 642.473 is hereby amended to read as follows:

      642.473  1.  If the Board determines that a person who holds a funeral director’s license, a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials has committed any of the acts set forth in NRS 642.470, the Board may:

      (a) Refuse to renew his license or permit;

      (b) Revoke his license or permit;


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      (c) Suspend his license or permit for a definite period or until further order of the Board;

      (d) Impose a fine of not more than $5,000 for each act that constitutes a ground for disciplinary action;

      (e) Place him on probation for a definite period subject to any reasonable conditions imposed by the Board;

      (f) Administer a public or private reprimand;

      (g) Require him to pay the costs incurred by the Board in taking disciplinary action against him; or

      (h) Impose any combination of disciplinary actions set forth in paragraphs (a) to (g), inclusive.

      2.  [Before] Except as otherwise provided in section 6 of this act, before the Board may refuse to renew, or suspend or revoke a license or permit for any of the acts set forth in NRS 642.470, the Board shall give at least 10 days’ notice in writing to the licensee or holder of the permit. The notice must contain a brief statement of the reasons for the proposed action of the Board and designate a time and place for a hearing before any final action is taken.

      Sec. 49.  NRS 642.480 is hereby amended to read as follows:

      642.480  For the purposes of NRS 642.470, unprofessional conduct includes:

      1.  Misrepresentation or fraud in the operation of a funeral establishment or the practice of a funeral director or person licensed to conduct direct cremations or immediate burials.

      2.  Solicitation of dead human bodies by the licensee or his agents, assistants or employees, whether the solicitation occurs after death or while death is impending, but this does not prohibit general advertising.

      3.  Employment by a holder of a permit to operate a funeral establishment or licensee of persons commonly known as “cappers,” “steerers” or “solicitors,” or of other persons to obtain funeral directing or embalming business.

      4.  Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time or on commission, to call upon natural persons or institutions by whose influence dead human bodies may be turned over to a particular funeral director or embalmer.

      5.  The buying of business by a holder of a permit to operate a funeral establishment or a licensee or his agents, assistants or employees, or the direct or indirect payment or offer of payment of a commission by the holder of a permit or a licensee or his agents, assistants or employees, to secure business.

      6.  Gross immorality.

      7.  Aiding or abetting an unlicensed person to practice funeral directing or embalming.

      8.  Using profane, indecent or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased whose body has not yet been interred or otherwise disposed of.

      9.  Solicitation or acceptance by a holder of a permit to operate a funeral establishment or licensee of any commission, bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery.


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ê2003 Statutes of Nevada, Page 1278 (Chapter 240, SB 323)ê

 

      10.  Except as otherwise provided in this subsection, using any casket or part of a casket which has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body. The provisions of this subsection do not prohibit the rental of the outer shell of a casket into which a removable insert containing a dead human body is placed for the purpose of viewing the body or for funeral services, or both, and which is later removed from the outer shell for cremation.

      11.  Violation of any [of the provisions] provision of this chapter , [or of] any regulation adopted pursuant thereto [.] or any order of the Board.

      12.  Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies.

      13.  Fraud or misrepresentation in obtaining a permit or license.

      14.  Refusing to surrender promptly the custody of a dead human body, upon the express order of the person lawfully entitled to the custody thereof.

      15.  Taking undue advantage of the patrons of a funeral establishment or being guilty of fraud or misrepresentation in the sale of merchandise to those patrons.

      16.  The theft or misappropriation of money in a trust fund established and maintained pursuant to chapter 689 of NRS.

      17.  Habitual drunkenness or the unlawful use of a controlled substance.

      Sec. 50.  NRS 642.530 is hereby amended to read as follows:

      642.530  [Upon a petition for]

      1.  Except as otherwise provided in subsection 2, a person may seek judicial review [, the district court may order a trial de novo.] of any final decision of the Board that is made pursuant to the provisions of this chapter or chapter 451 or 452 of NRS. Such judicial review must be conducted pursuant to the provisions of chapter 233B of NRS that apply to a contested case.

      2.  A person may not seek judicial review of any decision of the Board that orders an immediate suspension of a license, permit or certificate pursuant to section 6 of this act.

      Sec. 51.  NRS 642.540 is hereby amended to read as follows:

      642.540  If a holder of a license, permit [to operate a funeral establishment, a licensed funeral director or a person licensed to conduct direct cremations or immediate burials appeals] or certificate seeks judicial review of the decision of the Board to revoke or suspend his license, permit or [license,] certificate, the decision of the Board must not be stayed by the proceedings on [appeal] judicial review and the [appeal] judicial review must not operate to restore the right of the holder of the license, permit or certificate to operate [his funeral establishment or the right of the licensee to] or practice pending the [appeal,] judicial review, unless a bond [,] with a sufficient surety [, to be] approved by the clerk of the district court [,] is posted with the clerk, in such an amount as the district [judge] court may require, conditioned that the [appeal] judicial review will be prosecuted without unnecessary delay and that, if the decision [appealed from is confirmed, that] of the Board is affirmed, the holder of the license, permit or [licensee] certificate will pay all costs.

      Sec. 52.  NRS 642.570 is hereby amended to read as follows:

      642.570  The Board shall cause the prosecution of all persons violating any [of the provisions] provision of this chapter [.] or chapter 451 or 452 of NRS.


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ê2003 Statutes of Nevada, Page 1279 (Chapter 240, SB 323)ê

 

      Sec. 53.  NRS 642.575 is hereby amended to read as follows:

      642.575  The Board may bring legal proceedings to enjoin any person who violates any provision of this chapter , [or] any regulation adopted pursuant thereto or any order of the Board from practicing the profession of embalming. Any person who is so enjoined is liable to the Board for attorney’s fees and court costs.

      Sec. 54.  NRS 451.065 is hereby amended to read as follows:

      451.065  1.  Except as otherwise provided in subsections 2 and 3, no crematory, funeral home, cemetery or other place that accepts human remains for disposition may require the remains to be embalmed or otherwise prepared before their disposition by cremation, interment or otherwise, or before their removal from or into any registration district.

      2.  The State Board of Health may require embalming or other preparations if necessary to protect the public.

      3.  If embalming is not required by the State Board of Health pursuant to subsection 2, the [State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories] Nevada State Funeral Board may authorize the embalming of a body if it determines that it is necessary to preserve the body and the crematory, funeral home, cemetery or other place that accepts human remains for disposition:

      (a) Has held the body for at least 72 hours;

      (b) Is unable to notify a member of the family or other authorized person to obtain approval to embalm the body; and

      (c) Has no reason to believe that the family or other authorized person does not wish to have the body embalmed.

      4.  Any person who violates this section is guilty of a misdemeanor.

      Sec. 55.  NRS 451.635 is hereby amended to read as follows:

      451.635  1.  No person may cremate human remains except in a crematory whose operator is licensed by the [State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories.] Nevada State Funeral Board.

      2.  The Board shall prescribe and furnish forms for application for licensing. An application must be in writing and contain:

      (a) The name and address of the applicant and the location or proposed location of the crematory;

      (b) A description of the structure and equipment to be used in operating the crematory; and

      (c) Any further information that the Board may reasonably require.

      3.  An application must be signed by the applicant personally, by one of the partners if the applicant is a partnership, or by an authorized officer if the applicant is a corporation or other form of business organization.

      4.  The Board shall examine the structure and equipment and shall issue the license if [it] :

      (a) It appears that the proposed operation will meet the requirements of NRS 451.600 to 451.715, inclusive [.] ; and

      (b) The applicant has paid all fees related to the application.

      5.  If the ownership of a crematory is to be changed, the proposed operator shall apply for licensing at least 30 days before the change.

      Sec. 56.  NRS 451.640 is hereby amended to read as follows:

      451.640  [The State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories:

      1.  Shall]


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ê2003 Statutes of Nevada, Page 1280 (Chapter 240, SB 323)ê

 

      1.  The Nevada State Funeral Board shall adopt regulations for the administration of NRS 451.600 to 451.715, inclusive. Unless governed by [regulation] the regulations of the State Board of Health, the regulations of the Nevada State Funeral Board must include , without limitation:

      (a) The conditions under which the remains of a person who has died from a communicable or otherwise dangerous disease may be transported to a crematory for cremation [. The regulations must include] ; and

      (b) The minimum standards for sanitation, required equipment and protection from fire.

      2.  [May] The Nevada State Funeral Board may bring legal proceedings to enjoin any person who violates any [provisions] provision of NRS 451.600 to 451.715, inclusive, [or] any regulation adopted pursuant [to this section] thereto or any order of the Board from operating a crematory. Any person who is so enjoined is liable to the Board for attorney’s fees and court costs.

      Sec. 57.  NRS 451.715 is hereby amended to read as follows:

      451.715  1.  It is unlawful for any person to:

      (a) Hold himself out to the public as the operator of a crematory without being licensed pursuant to NRS 451.635;

      (b) Sign an order for cremation knowing that the order contains incorrect information; or

      (c) Violate any other provision of NRS 451.600 to 451.715, inclusive [.] , any regulation adopted pursuant thereto or any order of the Nevada State Funeral Board.

      2.  It is unlawful for the operator of a crematory to perform a cremation without an order signed by a person authorized to order the cremation pursuant to NRS 451.650 or 451.655.

      3.  [A] If a crematory is operated in this state in violation of any provision of NRS 451.600 to 451.715, inclusive, [or] any regulation [of the State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories] adopted pursuant thereto or any order of the Nevada State Funeral Board, the crematory is a public nuisance and may be abated as such.

      Sec. 58.  NRS 452.0055 is hereby amended to read as follows:

      452.0055  “Board” means the [State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories.] Nevada State Funeral Board.

      Sec. 59.  NRS 452.310 is hereby amended to read as follows:

      452.310  1.  No person may engage in the business of operating a cemetery in this state without first obtaining a certificate of authority from the Board.

      2.  Applications for a certificate of authority to operate a cemetery must be filed with the Board. Each application must be accompanied by:

      (a) A filing fee of $1,000 [, no] and any other fees related to the application. No part of [which] the fees is refundable.

      (b) A copy, certified by the proper officials, of the:

             (1) Articles of incorporation, if any.

             (2) Bylaws of the corporation, if any.

             (3) Application to the city or county planning commission for a use permit or the rezoning for the proposed cemetery.

             (4) Land use or zoning permit.

             (5) Declaration of dedication of land to cemetery purposes.


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ê2003 Statutes of Nevada, Page 1281 (Chapter 240, SB 323)ê

 

             (6) Deed, contract of purchase or other document which provides the applicant with merchantable title to the land dedicated.

             (7) Endowment care trust fund agreement executed by the proper officers of the cemetery authority.

      (c) A statement, executed by the proper officers of the applicant, setting forth:

             (1) If the applicant is a corporation, the names and addresses of the board of directors and officers.

             (2) If the applicant is not a corporation, the names and addresses of the natural persons in charge.

             (3) The names and addresses of the trustees of the endowment care fund.

             (4) The name and address of the person in charge of sales.

The statement must contain a description of the general character, experience and fitness to engage in the cemetery business for each person named.

      (d) A complete, detailed and audited financial statement showing assets, liabilities and reserve.

      (e) An itemized statement of all estimated receipts and expenditures for the succeeding 2-year period or such other period as may be required by the Board.

      (f) A map of the proposed cemetery in such detail and size as may be required by the Board.

      (g) A statement of the proposed plan of operation in such detail as may be required by the Board.

      (h) A statement of the amount deposited in the endowment care fund and the type of investment made of such amount.

      (i) A statement from the depository showing the deposit in the endowment care fund of the amount required by NRS 452.120 and 452.130.

      (j) Such other information as may be required by written notice from the Board.

      3.  Upon request, the Board shall provide to the Administrator a copy of the following information contained in an application for a certificate of authority filed with the Board pursuant to this section:

      (a) The endowment care trust fund agreement;

      (b) The names and addresses of the trustees of the endowment care fund; and

      (c) The statements described in paragraphs (h) and (i) of subsection 2.

      Sec. 60.  NRS 452.590 is hereby amended to read as follows:

      452.590  1.  A person who proposes to purchase or acquire control of an existing cemetery authority, either by purchase of the outstanding capital stock of a cemetery authority or the interest of the owner or owners, and thereby to change the control of the cemetery authority, shall first make application to the Board for a certificate of approval of the proposed change of control in the cemetery authority.

      2.  The application must contain the name and address of the proposed new owners, and the Board may only issue a certificate of approval after it is reasonably satisfied that the proposed new owners are qualified by character, experience and business and financial reputability and responsibility to control and operate the cemetery in a suitable and proper manner, and that the interest of the public generally will not be jeopardized by the proposed change in ownership and management. The Board shall not issue a certificate of approval without the approval of the Administrator.


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ê2003 Statutes of Nevada, Page 1282 (Chapter 240, SB 323)ê

 

      3.  The application must be accompanied by a filing and investigation fee of $250 [, no] and any other fees related to the application. No part of [which] the fees is refundable.

      Sec. 61.  NRS 452.610 is hereby amended to read as follows:

      452.610  In addition to any other penalty provided for in NRS 452.001 to 452.610, inclusive, any person who violates any provision of NRS 452.001 to 452.610, inclusive, or any regulation adopted or administrative order entered pursuant to those sections, for which a greater penalty is not otherwise provided by law, is guilty of a misdemeanor.

      Sec. 62.  1.  Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

      3.  Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 63.  1.  The Legislative Counsel shall:

      (a) In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer or agency.

      (b) In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer or agency.

      2.  Any reference in a bill or resolution passed by the 72nd Session of the Nevada Legislature to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency shall be deemed to refer to the officer or agency to which the responsibility is transferred.

      Sec. 64.  NRS 642.065 is hereby repealed.

      Sec. 65.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 1283ê

 

CHAPTER 241, SB 353

Senate Bill No. 353–Senator Rawson

 

CHAPTER 241

 

AN ACT relating to taxes on retail sales; clarifying the requirements for determining whether a charitable organization qualifies for an exemption from such taxes; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 372.3261 is hereby amended to read as follows:

      372.3261  1.  For the purposes of NRS 372.326, an organization is created for religious, charitable or educational purposes if it complies with the provisions of this section.

      2.  An organization is created for religious purposes if:

      (a) It complies with the requirements set forth in subsection 5; and

      (b) The sole or primary purpose of the organization is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted. Such an organization includes, without limitation, an integrated auxiliary or affiliate of the organization, men’s, women’s or youth groups established by the organization, a school or mission society operated by the organization, an organization of local units of a church and a convention or association of churches.

      3.  An organization is created for charitable purposes if:

      (a) It complies with the requirements set forth in subsection 5;

      (b) The sole or primary purpose of the organization is to:

             (1) Advance a public purpose, donate or render gratuitously or at a reduced rate a substantial portion of its services to the persons who are the subjects of its charitable services, and benefit a substantial and indefinite class of persons who are the legitimate subjects of charity; [or]

             (2) Provide services that are otherwise required to be provided by a local government, this state or the Federal Government; [and] or

             (3) Operate a hospital or medical facility licensed pursuant to chapter 449 or 450 of NRS; and

      (c) The organization is operating in this state.

      4.  An organization is created for educational purposes if:

      (a) It complies with the requirements set forth in subsection 5; and

      (b) The sole or primary purpose of the organization is to:

             (1) Provide athletic, cultural or social activities for children;

             (2) Provide displays or performances of the visual or performing arts to members of the general public;

             (3) Provide instruction and disseminate information on subjects beneficial to the community;

             (4) Operate a school, college or university located in this state that conducts regular classes and provides courses of study required for accreditation or licensing by the State Board of Education or the Commission on Postsecondary Education, or for membership in the Northwest Association of Schools and Colleges;


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ê2003 Statutes of Nevada, Page 1284 (Chapter 241, SB 353)ê

 

on Postsecondary Education, or for membership in the Northwest Association of Schools and Colleges;

             (5) Serve as a local or state apprenticeship committee to advance programs of apprenticeship in this state; or

             (6) Sponsor programs of apprenticeship in this state through a trust created pursuant to 29 U.S.C. § 186.

      5.  In addition to the requirements set forth in subsection 2, 3 or 4, an organization is created for religious, charitable or educational purposes if:

      (a) No part of the net earnings of any such organization inures to the benefit of a private shareholder, individual or entity;

      (b) The business of the organization is not conducted for profit;

      (c) No substantial part of the business of the organization is devoted to the advocacy of any political principle or the defeat or passage of any state or federal legislation;

      (d) The organization does not participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office; and

      (e) Any property sold to the organization for which an exemption is claimed is used by the organization in this state in furtherance of the religious, charitable or educational purposes of the organization.

      Sec. 2.  NRS 374.3306 is hereby amended to read as follows:

      374.3306  1.  For the purposes of NRS 374.3305, an organization is created for religious, charitable or educational purposes if it complies with the provisions of this section.

      2.  An organization is created for religious purposes if:

      (a) It complies with the requirements set forth in subsection 5; and

      (b) The sole or primary purpose of the organization is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted. Such an organization includes, without limitation, an integrated auxiliary or affiliate of the organization, men’s, women’s or youth groups established by the organization, a school or mission society operated by the organization, an organization of local units of a church and a convention or association of churches.

      3.  An organization is created for charitable purposes if:

      (a) It complies with the requirements set forth in subsection 5;

      (b) The sole or primary purpose of the organization is to:

             (1) Advance a public purpose, donate or render gratuitously or at a reduced rate a substantial portion of its services to the persons who are the subjects of its charitable services, and benefit a substantial and indefinite class of persons who are the legitimate subjects of charity; [or]

             (2) Provide services that are otherwise required to be provided by a local government, this state or the Federal Government; [and] or

             (3) Deliver health care through a hospital or medical facility licensed pursuant to chapter 449 or 450 of NRS; and

      (c) The organization is operating in this state.

      4.  An organization is created for educational purposes if:

      (a) It complies with the requirements set forth in subsection 5; and

      (b) The sole or primary purpose of the organization is to:

             (1) Provide athletic, cultural or social activities for children;

             (2) Provide displays or performances of the visual or performing arts to members of the general public;


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ê2003 Statutes of Nevada, Page 1285 (Chapter 241, SB 353)ê

 

             (3) Provide instruction and disseminate information on subjects beneficial to the community;

             (4) Operate a school, college or university located in this state that conducts regular classes and provides courses of study required for accreditation or licensing by the State Board of Education or the Commission on Postsecondary Education, or for membership in the Northwest Association of Schools and Colleges;

             (5) Serve as a local or state apprenticeship committee to advance programs of apprenticeship in this state; or

             (6) Sponsor programs of apprenticeship in this state through a trust created pursuant to 29 U.S.C. § 186.

      5.  In addition to the requirements set forth in subsection 2, 3 or 4, an organization is created for religious, charitable or educational purposes if:

      (a) No part of the net earnings of any such organization inures to the benefit of a private shareholder, individual or entity;

      (b) The business of the organization is not conducted for profit;

      (c) No substantial part of the business of the organization is devoted to the advocacy of any political principle or the defeat or passage of any state or federal legislation;

      (d) The organization does not participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office; and

      (e) Any property sold to the organization for which an exemption is claimed is used by the organization in this state in furtherance of the religious, charitable or educational purposes of the organization.

      Sec. 3.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 242, SB 424

Senate Bill No. 424–Committee on Commerce and Labor

 

CHAPTER 242

 

AN ACT relating to redevelopment; providing an additional alternative procedure for the appointment of the membership of a redevelopment agency; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  As an alternative to the appointment of five members of the agency pursuant to NRS 279.440 and as an alternative to the procedures set forth in NRS 279.444:

      (a) At the time of the adoption of a resolution pursuant to NRS 279.428, the legislative body may appoint not more than 11 of the following persons as members of the agency:

             (1) Resident electors of the community;

             (2) Members of the legislative body; or


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ê2003 Statutes of Nevada, Page 1286 (Chapter 242, SB 424)ê

 

             (3) A combination of resident electors of the community and members of the legislative body; or

      (b) At any time after the adoption of a resolution pursuant to NRS 279.428, the legislative body may direct the mayor or other executive officer of the city or chairman of the board of county commissioners to appoint not more than 11 of the following persons as members of the agency:

             (1) Resident electors of the community;

             (2) Members of the legislative body; or

             (3) A combination of resident electors of the community and members of the legislative body.

      2.  The terms of any resident electors of the community first appointed as members of the agency pursuant to paragraph (a) or (b) of subsection 1 must be staggered in substantially the same proportion as the terms of members are staggered pursuant to NRS 279.446. The successors of the members first appointed must be appointed for 4-year terms. Vacancies occurring during a term must be filled for the unexpired term. A member shall hold office until his successor is appointed and qualified.

      Sec. 2.  NRS 279.384 is hereby amended to read as follows:

      279.384  As used in NRS 279.382 to 279.685, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 279.386 to 279.414, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 279.440 is hereby amended to read as follows:

      279.440  [When] Except as otherwise provided in NRS 279.444 and section 1 of this act, when the legislative body adopts a resolution declaring the need for an agency , the mayor or other executive officer of a city or chairman of the board of county commissioners, with the approval of the legislative body, shall appoint five resident electors of the community as members of the agency.

      Sec. 4.  NRS 279.442 is hereby amended to read as follows:

      279.442  A member may not be [an elective officer or] an employee of the community [,] but, notwithstanding any other law, he may be a member or employee of any other agency or authority of, or created for, the community.

      Sec. 5.  NRS 279.444 is hereby amended to read as follows:

      279.444  1.  As an alternative to the appointment of five members of the agency [,] pursuant to NRS 279.440 and as an alternative to the procedures set forth in section 1 of this act, the legislative body may, at the time of the adoption of a resolution pursuant to NRS 279.428, or at any time thereafter, declare itself to be the agency, in which case, all the rights, powers, duties, privileges and immunities vested by NRS 279.382 to 279.685, inclusive, and section 1 of this act in an agency are vested in the legislative body of the community. If the legislative body of a city declares itself to be the agency pursuant to this subsection, it may include the mayor of the city as part of the agency regardless of whether he is a member of the legislative body.

      2.  A city may enact its own procedural ordinance and exercise the powers granted by NRS 279.382 to 279.685, inclusive [.] , and section 1 of this act.

      3.  An agency [is authorized to] may delegate to a community any of the powers or functions of the agency with respect to the planning or undertaking of a redevelopment project in the area in which that community is authorized to act, and that community may carry out or perform those powers or functions for the agency.


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ê2003 Statutes of Nevada, Page 1287 (Chapter 242, SB 424)ê

 

undertaking of a redevelopment project in the area in which that community is authorized to act, and that community may carry out or perform those powers or functions for the agency.

      Sec. 6.  NRS 279.446 is hereby amended to read as follows:

      279.446  [Three] If five resident electors of the community are appointed as members of the agency pursuant to NRS 279.440, three of the members first appointed [shall] must be designated to serve for terms of 1, 2 and 3 years, respectively, [from] after the date of their appointments and two [shall] must be designated to serve for terms of 4 years [from] after the date of their appointments. Their successors [shall] must be appointed for 4-year terms. Vacancies occurring during a term [shall] must be filled for the unexpired term. A member shall hold office until his successor is appointed and qualified.

      Sec. 7.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 243, SB 428

Senate Bill No. 428–Committee on Commerce and Labor

 

CHAPTER 243

 

AN ACT relating to real estate; making various changes regarding the powers and duties of the Real Estate Commission, the Real Estate Division of the Department of Business and Industry and the Commission of Appraisers of Real Estate; revising provisions governing the regulation of property managers; authorizing certain agencies to conduct business electronically; authorizing the investigation and audit of certain accounts of a real estate broker; expanding the power of certain agencies to impose fines and penalties for certain unlawful conduct and to deny, suspend and revoke licenses under certain circumstances; increasing certain fees and authorizing certain agencies to establish other fees by regulation; making certain conduct unlawful; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  “Designated property manager” means a person who has the qualifications required by section 3 of this act to be a designated property manager and who is appointed as the designated property manager for an office pursuant to section 3 of this act.

      Sec. 3.  1.  If a real estate broker does not hold a permit to engage in property management but intends to have property management activities conducted at an office, the real estate broker must:

      (a) Appoint a person, who has the qualifications required by this section, as the designated property manager for the office to supervise the property management activities conducted at the office; and

      (b) Submit notice of the appointment to the Division.


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ê2003 Statutes of Nevada, Page 1288 (Chapter 243, SB 428)ê

 

      2.  The designated property manager for an office must be a natural person who:

      (a) Holds a license as a real estate broker or real estate broker-salesman;

      (b) Holds a permit to engage in property management; and

      (c) Has 2 years active experience, within the 4 years immediately preceding the date of the appointment, in conducting property management activities in the United States as a licensed real estate broker, real estate broker-salesman or real estate salesman.

      3.  While acting as the designated property manager for an office, the person:

      (a) Must comply with the provisions of this section and NRS 645.6052 to 645.6058, inclusive, and all other applicable provisions of this chapter; and

      (b) Is subject to all the remedies and penalties provided for in this chapter.

      Sec. 4.  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

      2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 to satisfy the legal requirement.

      3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division or the Commission.

      Sec. 5.  1.  The Division may investigate and audit all financial accounts related to the business of a real estate broker, regardless of whether it is a trust account, if the Division has reasonable cause to believe that the broker is using or has used the account to operate or carry on the broker’s business and the Division:

      (a) Has reasonable cause to believe or has received a credible complaint that the real estate broker is insolvent or is in any financial condition or has engaged in any financial practice which creates a substantial risk of insolvency; or

      (b) Determines that the investigation and audit is reasonably necessary to assist the Division in administering or enforcing any other provision of this chapter or any other statute that the Division is charged with administering or enforcing.

      2.  The Commission shall adopt regulations prescribing the scope of an audit conducted pursuant to this section.

      3.  The Commission may take action pursuant to NRS 645.630 against:

      (a) Any real estate broker or other licensee who knowingly fails to cooperate or comply with or knowingly impedes or interferes with any investigation or audit conducted by the Division pursuant to this section; or


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ê2003 Statutes of Nevada, Page 1289 (Chapter 243, SB 428)ê

 

      (b) Any real estate broker who is insolvent or who is in any financial condition or has engaged in any financial practice which creates a substantial risk of insolvency.

      4.  As used in this section, “insolvent” or “insolvency” means a condition in which a real estate broker is unable to meet the liabilities of the broker’s business as those liabilities become due in the regular course of the broker’s business and which creates a substantial risk of harm to the public or a consumer.

      Sec. 6.  In addition to any other remedy or penalty, the Commission or the Division, as appropriate, may:

      1.  Refuse to issue a license, permit, certificate or registration to a person who has failed to pay money which the person owes to the Commission or the Division.

      2.  Refuse to renew, or suspend or revoke, the license, permit, certificate or registration of a person who has failed to pay money which the person owes to the Commission or the Division.

      Sec. 7.  1.  In addition to any other remedy or penalty, the Commission may impose an administrative fine against any person who knowingly:

      (a) Engages or offers to engage in any activity for which a license, permit, certificate or registration or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required license, permit, certificate or registration or has not been given the required authorization; or

      (b) Assists or offers to assist another person to commit a violation described in paragraph (a).

      2.  If the Commission imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.

      3.  In determining the appropriate amount of the administrative fine, the Commission shall consider:

      (a) The severity of the violation and the degree of any harm that the violation caused to other persons;

      (b) The nature and amount of any gain or economic benefit that the person derived from the violation;

      (c) The person’s history or record of other violations; and

      (d) Any other facts or circumstances that the Commission deems to be relevant.

      4.  Before the Commission may impose the administrative fine, the Commission must provide the person with notice and an opportunity to be heard.

      5.  The person is entitled to judicial review of the decision of the Commission in the manner provided by chapter 233B of NRS.

      6.  The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:

      (a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and

      (b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

      Sec. 8.  1.  It is unlawful for any person to file with the Administrator, the Division or the Commission any notice, statement, complaint or other document required under the provisions of this chapter which is false or which contains any willful, material misstatement of fact.


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complaint or other document required under the provisions of this chapter which is false or which contains any willful, material misstatement of fact.

      2.  A person who violates any provision of this section is guilty of a gross misdemeanor.

      Sec. 9.  NRS 645.0005 is hereby amended to read as follows:

      645.0005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645.001 to 645.040, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 10.  NRS 645.230 is hereby amended to read as follows:

      645.230  1.  It is unlawful for any person, limited-liability company, partnership, association or corporation to engage in the business of, act in the capacity of, advertise or assume to act as, a:

      (a) Real estate broker, real estate broker-salesman or real estate salesman within the State of Nevada without first obtaining the appropriate license from the Real Estate Division as provided for in this chapter; [or]

      (b) Property manager within the State of Nevada without first obtaining from the Real Estate Division as provided for in this chapter a license as a real estate broker, real estate broker-salesman or real estate salesman and a permit to engage in property management [.] ; or

      (c) Designated property manager within the State of Nevada without complying with the provisions of section 3 of this act.

      2.  The Real Estate Division may prefer a complaint for a violation of this section before any court of competent jurisdiction and may assist in presenting the law or facts upon any trial for a violation of this section.

      3.  The district attorney of each county shall prosecute all violations of this section in their respective counties in which violations occur, unless prosecuted by the Attorney General. Upon the request of the Administrator, the Attorney General shall prosecute any violation of this section in lieu of the district attorney.

      Sec. 11.  (Deleted by amendment.)

      Sec. 12.  NRS 645.355 is hereby amended to read as follows:

      645.355  [An]

      1.  Each applicant for a license as a real estate broker, broker-salesman or salesman [in this state] must pay a fee for the costs of an investigation of the applicant’s background.

      2.  Each applicant must, as part of his application [, be fingerprinted. Each applicant shall,] and at his own expense [, and] :

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose; and

      (b) Submit to the Division [, arrange to be fingerprinted by any police or sheriff’s office and shall attach his] the fingerprint card [, after his fingerprints are taken, to his application.] and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      3.  The Division may [mail] :

      (a) Submit the applicant’s [fingerprint card to the Federal Bureau of Investigation, Washington, D.C., for its report,] fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division [may deem necessary.]


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ê2003 Statutes of Nevada, Page 1291 (Chapter 243, SB 428)ê

 

Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division [may deem necessary.] deems necessary; and

      (b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

      Sec. 13.  NRS 645.490 is hereby amended to read as follows:

      645.490  1.  Upon satisfactorily passing the written examination and upon complying with all other provisions of law and conditions of this chapter, a license shall thereupon be granted by the Division to the successful applicant therefor as a real estate broker, broker-salesman or salesman, and the applicant, upon receiving the license, may conduct the business of a real estate broker, broker-salesman or salesman in this state.

      2.  The Division shall issue licenses as a real estate broker, broker-salesman or salesman to all applicants who qualify and comply with all provisions of law and all requirements of this chapter.

      3.  [A] Except as otherwise provided in NRS 645.840:

      (a) An original license as a real estate broker, broker-salesman or salesman [shall renew his license] must be renewed with the Division [within 1 year immediately after initial licensing and thereafter shall renew his license every 2 years.] before the expiration of the initial license period of 12 consecutive months as prescribed in NRS 645.780; and

      (b) Thereafter, the license must be renewed with the Division before the expiration of each subsequent license period of 24 consecutive months as prescribed in NRS 645.780.

      Sec. 14.  NRS 645.575 is hereby amended to read as follows:

      645.575  1.  The Commission shall adopt regulations that prescribe the standards for the continuing education of persons licensed pursuant to this chapter . [by adopting regulations which include:] Until the Commission adopts such regulations, the standards for continuing education are as follows:

      (a) For renewal of a license which is on active status, a requirement for the hours of attendance at any approved educational course, seminar or conference of:

             (1) Thirty hours within the first year immediately after initial licensing; and

             (2) Fifteen hours within each subsequent 2-year period before renewal.

For each period, at least 6 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate.

      (b) For reinstatement of a license which has been placed on inactive status, a requirement for total attendance at any approved educational course, seminar or conference of:

             (1) Thirty hours if the license was on inactive status for 2 years or less during the initial license period;

             (2) Fifteen hours if the license was on inactive status for a period of 2 years or less, no part of which was during the initial license period;

             (3) Forty-five hours if the license was on inactive status for a period of more than 2 years, part of which was during the initial license period; or

             (4) Thirty hours if the license was on inactive status for a period of more than 2 years, no part of which was during the initial license period.


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ê2003 Statutes of Nevada, Page 1292 (Chapter 243, SB 428)ê

 

For each period, at least 6 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate.

      (c) A basis and method of qualifying educational programs and certifying attendance which will satisfy the requirements of this section.

      (d) A procedure for the evaluation of petitions based on a claim of equivalency with the requirements of paragraph (a) or (b).

      (e) A system of controlling and reporting qualifying attendance.

      (f) A statement of the conditions for which an extension of time may be granted to comply with the continuing education requirements as well as a method of applying and qualifying for an extension.

      2.  The standards prescribed in subsection 1 must permit alternatives of subject material, taking cognizance of specialized areas of practice and alternatives in sources of programs considering availability in area and time. The standards must include, where qualified, generally accredited educational institutions, private vocational schools, educational programs and seminars of professional societies and organizations, other organized educational programs on technical subjects, or equivalent offerings. The Commission shall qualify only those educational courses that it determines address the appropriate subject matter and are given by an accredited university or community college. Subject to the provisions of this section, the Commission has exclusive authority to determine what is an appropriate subject matter for qualification as a continuing education course.

      3.  In addition to any other standards for continuing education that the Commission adopts by regulation pursuant to this section, the Commission may, without limitation, adopt by regulation standards for continuing education that:

      (a) Establish a post-licensing curriculum of continuing education which must be completed by a person within the first year immediately after initial licensing of the person.

      (b) Require a person whose license as a real estate broker or real estate broker-salesman has been placed on inactive status for any reason for 1 year or more or has been suspended or revoked to complete a course of instruction in broker management that is designed to fulfill the educational requirements for issuance of a license which are described in paragraph (d) of subsection 2 of NRS 645.343, before the person’s license is reissued or reinstated.

      4.  Except as otherwise provided in this subsection, the license of a real estate broker, broker-salesman or salesman must not be renewed or reinstated unless the Administrator finds that the applicant for the renewal license or for reinstatement to active status has completed the continuing education required by this chapter. Any amendment or repeal of a regulation does not operate to prevent an applicant from complying with this section for the next licensing period following the amendment or repeal.

      Sec. 15.  NRS 645.6052 is hereby amended to read as follows:

      645.6052  1.  A person who is licensed pursuant to this chapter as a real estate broker, real estate broker-salesman or real estate salesman may apply to the Real Estate Division for a permit to engage in property management.

      2.  An applicant for a permit must:

      (a) Furnish proof satisfactory to the Division that he has successfully completed at least 24 classroom hours of instruction in property management; and


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ê2003 Statutes of Nevada, Page 1293 (Chapter 243, SB 428)ê

 

      (b) Comply with all other requirements established by the Commission for the issuance of a permit.

      3.  A permit expires, and may be renewed, at the same time as the license of the holder of the permit.

      4.  An applicant for the renewal of a permit must:

      (a) Furnish proof satisfactory to the Division that he has successfully completed at least 3 of the hours of the continuing education required for the renewal of his license pursuant to NRS 645.575 in an approved educational course, seminar or conference concerning property management; and

      (b) Comply with all other requirements established by the Commission for the renewal of a permit.

      5.  The Commission may adopt such regulations as it determines are necessary to carry out the provisions of this section. The regulations may, without limitation:

      (a) Establish additional requirements for the issuance or renewal of a permit.

      (b) Establish [a fee] fees for the issuance and renewal of a permit [.] and fees to pay the costs of:

             (1) Any examination for a permit, including any costs which are necessary for the administration of such an examination.

             (2) Any investigation of an applicant’s background.

      (c) Set forth standards of education for the approval of a course of instruction to qualify [a person] an applicant for a permit . [pursuant to this section.]

      Sec. 16.  NRS 645.6058 is hereby amended to read as follows:

      645.6058  1.  Except as otherwise provided in subsection 3, all fees, penalties and fines received by the Division pursuant to the provisions of NRS 645.6052 to 645.6058, inclusive, and section 3 of this act must be deposited with the State Treasurer for credit to the Division. The money must be used by the Division for the administration of the provisions of NRS 645.6052 to 645.6058, inclusive [.] , and section 3 of this act.

      2.  The Division may delegate to a hearing officer or panel its authority to take any disciplinary action against property managers, impose and collect fines pursuant to the disciplinary action and deposit the money with the State Treasurer for credit to the Division.

      3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2, the Division shall deposit the money collected from the imposition of penalties and fines collected from property managers with the State Treasurer for credit to the State General Fund. The Division may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay an attorney’s fee or the costs of an investigation, or both.

      Sec. 17.  NRS 645.6065 is hereby amended to read as follows:

      645.6065  1.  Except as otherwise provided in NRS 645.607, a person shall not act as a qualified intermediary unless he is registered as such with the Division. The Division may adopt such regulations as it deems necessary to carry out the provisions of NRS 645.606 to 645.609, inclusive.

      2.  [A person may] To apply for registration [by paying to] , a person must pay the Division a fee of $100 [fee plus the actual cost of a background investigation conducted by the Federal Bureau of Investigation and filing with] and a fee to pay the costs of an investigation of the person’s background.


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ê2003 Statutes of Nevada, Page 1294 (Chapter 243, SB 428)ê

 

      3.  In addition to the requirements set forth in subsection 2, the person must submit to the Division:

      (a) The following information on a form provided by the Division:

             (1) The applicant’s name, address and telephone number;

             (2) The name under which the applicant will hold the money or other property of a client;

             (3) The names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each;

             (4) If the applicant is a natural person, the social security number of the applicant; and

             (5) The length of time the applicant has been engaged in the business of acting as such an intermediary; and

      (b) If the person is a natural person, the statement required pursuant to NRS 645.6068 . [; and

      (c) A card provided by the Division upon which the applicant’s fingerprints, taken by an agency of law enforcement, are displayed.

      3.] 4.  Each applicant must, as part of his application and at his own expense:

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose; and

      (b) Submit to the Division the completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      5.  The Division [shall:

      (a) Mail the card upon which the applicant’s fingerprints are displayed] may:

      (a) Submit the applicant’s fingerprints to the Central Repository for submission to the Federal Bureau of Investigation [;] and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from [the Bureau] each such agency any information regarding the applicant’s [criminal history] background as the Division deems necessary.

      [4.] 6.  Registration pursuant to this section must be renewed each year on or before the date of the original registration by providing the information required by the Division for that purpose and paying a renewal fee of $75.

      Sec. 18.  NRS 645.780 is hereby amended to read as follows:

      645.780  [Every]

      1.  Each license issued under the provisions of this chapter expires at midnight on the last day of the last month of [a] the applicable license period [. A] for the license.

      2.  The initial license period for an original license as a real estate broker, broker-salesman or salesman is a period of 12 consecutive months beginning on the first day of the first calendar month after the original license is issued by the Division. Thereafter, each subsequent license period is a period of 24 consecutive months beginning on the first day of the first calendar month after a renewal of the license is issued [.]


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ê2003 Statutes of Nevada, Page 1295 (Chapter 243, SB 428)ê

 

calendar month after a renewal of the license is issued [.] by the Division for the subsequent license period.

      3.  For all other licenses, the license period is a period of 24 consecutive months beginning on the first day of the first calendar month after the license or any renewal of the license is issued by the Division, unless a specific statute:

      (a) Provides for a different license period; or

      (b) Expressly authorizes a different license period to be provided for by regulation.

      Sec. 19.  NRS 645.830 is hereby amended to read as follows:

      645.830  1.  The following fees must be charged by and paid to the Division:

 

For each original real estate broker’s, broker-salesman’s or corporate broker’s license            [$85] $105

For each original real estate salesman’s license............................ [65] 85

For each original branch office license....................................... [100] 120

For real estate education, research and recovery to be paid at the time an [original] application for [a] an original license is filed................................................................................ [20] 40

For real estate education, research and recovery to be paid at the time an application for [a] renewal of a license is [renewed] filed...................................................................................... 40

For each renewal of a real estate broker’s, broker-salesman’s or corporate broker’s license   [170] 180

For each renewal of a real estate salesman’s license............... [130] 140

For each renewal of a real estate branch office license.......... [100] 110

For each penalty for late filing of a renewal for a broker’s, broker-salesman’s or corporate broker’s license      [85] 95

For each penalty for late filing of a renewal for a salesman’s license [65] 75

For each change of name or address.............................................. [10] 20

For each transfer of a real estate salesman’s or broker-salesman’s license and change of association or employment      [10] 20

For each duplicate license where the original license is lost or destroyed, and an affidavit is made thereof        [10] 20

For each change of broker status from broker to broker-salesman, [or the reverse] [10] 20

For each change of broker status from broker-salesman to broker 40

For each reinstatement to active status of an inactive real estate broker’s, broker-salesman’s or salesman’s license      [10] 20

For each reinstatement of a real estate broker’s license when the licensee fails to give immediate written notice to the Division of a change of name or business location............... [20] 30


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ê2003 Statutes of Nevada, Page 1296 (Chapter 243, SB 428)ê

 

For each reinstatement of a real estate salesman’s or broker-salesman’s license when he fails to notify the Division of a change of broker within 30 days of termination by previous broker  [20] $30

For each original registration of an owner-developer.............. [100] 125

For each annual renewal of a registration of an owner-developer [100] 125

For each enlargement of the area of an owner-developer’s registration..... [15] 50

For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof             [40] 150

For each original accreditation of a course of continuing education [50] 100

For each renewal of accreditation of a course of continuing education..... [10] 50

For each annual approval of a course of instruction offered in preparation for an original license or permit      100

 

      2.  The fees prescribed by this section for courses of instruction offered in preparation for an original license or permit or for courses of continuing education do not apply to [any] :

      (a) Any university or community college of the University and Community College System of Nevada.

      (b) Any agency of the State.

      (c) Any regulatory agency of the Federal Government.

      3.  The Commission shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of any investigation of a person’s background.

      Sec. 20.  NRS 645.842 is hereby amended to read as follows:

      645.842  1.  The Real Estate Education, Research and Recovery Fund is hereby created as a special revenue fund.

      2.  A balance of not less than $50,000 must be maintained in the Fund, to be used for satisfying claims against persons licensed under this chapter, as provided in NRS 645.841 to 645.8494, inclusive. Any balance over $50,000 at the end of any fiscal year must be set aside and used by the Administrator, after approval of the Commission, for real estate education and research.

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

      Sec. 21.  Chapter 645C of NRS is hereby amended by adding thereto the provisions set forth as sections 22, 23 and 24 of this act.

      Sec. 22.  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

      2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 to satisfy the legal requirement.


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ê2003 Statutes of Nevada, Page 1297 (Chapter 243, SB 428)ê

 

made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 to satisfy the legal requirement.

      3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division or the Commission.

      Sec. 23.  In addition to any other remedy or penalty, the Commission or the Division, as appropriate, may:

      1.  Refuse to issue a certificate, license or registration card to a person who has failed to pay money which the person owes to the Commission or the Division.

      2.  Refuse to renew, or suspend or revoke, the certificate, license or registration card of a person who has failed to pay money which the person owes to the Commission or the Division.

      Sec. 24.  1.  In addition to any other remedy or penalty, the Commission may impose an administrative fine against any person who knowingly:

      (a) Engages or offers to engage in any activity for which a certificate, license or registration card or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required certificate, license or registration card or has not been given the required authorization; or

      (b) Assists or offers to assist another person to commit a violation described in paragraph (a).

      2.  If the Commission imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.

      3.  In determining the appropriate amount of the administrative fine, the Commission shall consider:

      (a) The severity of the violation and the degree of any harm that the violation caused to other persons;

      (b) The nature and amount of any gain or economic benefit that the person derived from the violation;

      (c) The person’s history or record of other violations; and

      (d) Any other facts or circumstances that the Commission deems to be relevant.

      4.  Before the Commission may impose the administrative fine, the Commission must provide the person with notice and an opportunity to be heard.

      5.  The person is entitled to judicial review of the decision of the Commission in the manner provided by chapter 233B of NRS.

      6.  The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:

      (a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and

      (b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

      Sec. 25.  NRS 645C.300 is hereby amended to read as follows:

      645C.300  1.  [Every] Each application for a certificate, license or registration card must include the social security number of the applicant and be accompanied by the fee for the certificate, license or registration card [.


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ê2003 Statutes of Nevada, Page 1298 (Chapter 243, SB 428)ê

 

      2.  Each] and the fee to pay the costs of an investigation of the applicant’s background.

      2.  Each applicant must [:

      (a) At] , as part of his application and at his own expense [and] :

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose; and

      (b) Submit to the Division [, arrange to be fingerprinted by an agency of law enforcement; and

      (b) Attach] the completed fingerprint card [to his application.] and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      3.  The Division may:

      (a) [Mail the card] Submit the applicant’s fingerprints to the Central Repository for submission to the Federal Bureau of Investigation [or any other agency of] and to such other law enforcement [;] agencies as the Division deems necessary; and

      (b) Request from each such [an] agency any information regarding the applicant’s [criminal history] background as the Division deems necessary.

      Sec. 26.  NRS 645C.450 is hereby amended to read as follows:

      645C.450  1.  The following fees may be charged and collected by the Division:

 

Application for a certificate, license or registration card................. $100

Issuance or renewal of a certificate or license as a residential appraiser     290

Issuance or renewal of a certificate as a general appraiser............... 390

Issuance of a permit................................................................................. 115

Issuance or renewal of a registration card............................................ 190

Issuance of a duplicate certificate or license for an additional office 50

Change in the name or location of a business............................... [10] 20

Reinstatement of an inactive certificate or license....................... [10] 30

Annual approval of a course of instruction offered in preparation for an initial certificate or license  100

[Annual] Original approval of a course of instruction offered for continuing education      100

Renewal of approval of a course of instruction offered for continuing education   50

 

      2.  The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay [for:

      (a) The] the costs of:

      (a) Any examination for a certificate or license [; and

      (b) Any additional expenses] , including any costs which are necessary for the administration of [the] such an examination.

      (b) Any investigation of a person’s background.


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ê2003 Statutes of Nevada, Page 1299 (Chapter 243, SB 428)ê

 

      Sec. 27.  Chapter 645D of NRS is hereby amended by adding thereto the provisions set forth as sections 28, 29 and 30 of this act.

      Sec. 28.  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

      2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 to satisfy the legal requirement.

      3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division.

      Sec. 29.  In addition to any other remedy or penalty, the Administrator may:

      1.  Refuse to issue a certificate to a person who has failed to pay money which the person owes to the Division.

      2.  Refuse to renew, or suspend or revoke, the certificate of a person who has failed to pay money which the person owes to the Division.

      Sec. 30.  1.  In addition to any other remedy or penalty, the Administrator may impose an administrative fine against any person who knowingly:

      (a) Engages or offers to engage in any activity for which a certificate or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required certificate or has not been given the required authorization; or

      (b) Assists or offers to assist another person to commit a violation described in paragraph (a).

      2.  If the Administrator imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.

      3.  In determining the appropriate amount of the administrative fine, the Administrator shall consider:

      (a) The severity of the violation and the degree of any harm that the violation caused to other persons;

      (b) The nature and amount of any gain or economic benefit that the person derived from the violation;

      (c) The person’s history or record of other violations; and

      (d) Any other facts or circumstances that the Administrator deems to be relevant.

      4.  Before the Administrator may impose the administrative fine, the Administrator must provide the person with notice and an opportunity to be heard.

      5.  The person is entitled to judicial review of the decision of the Administrator in the manner provided by chapter 233B of NRS.

      6.  The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:


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ê2003 Statutes of Nevada, Page 1300 (Chapter 243, SB 428)ê

 

      (a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and

      (b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

      Sec. 31.  NRS 645D.180 is hereby amended to read as follows:

      645D.180  1.  [Every] Each application for a certificate must be accompanied by the fee for the certificate [.

      2.  Each] and the fee to pay the costs of an investigation of the applicant’s background.

      2.  Each applicant must [:

      (a) At] , as part of his application and at his own expense [and] :

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose; and

      (b) Submit to the Division [, arrange to be fingerprinted by an agency of law enforcement; and

      (b) Attach] the completed fingerprint card [to his application.] and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      3.  The Division may:

      (a) Require more than one complete set of fingerprints;

      (b) [Mail a completed card] Submit the applicant’s fingerprints to the Central Repository for submission to the Federal Bureau of Investigation [or any other agency of] and to such other law enforcement [;] agencies as the Division deems necessary; and

      (c) Request from each such [an] agency any information regarding the applicant’s [criminal history] background that the Division deems necessary.

      Sec. 32.  NRS 645D.240 is hereby amended to read as follows:

      645D.240  1.  The following fees must be charged and collected by the Division:

 

[Application] For each application for a certificate....................... $100

[Issuance] For the issuance or renewal of a certificate..................... 250

For each penalty for a late renewal of a certificate......................... 125

For each change of name, address or association.............................. 20

For each duplicate certificate where the original is lost or destroyed, and an affidavit is made thereof          20

For each reinstatement to active status of an inactive certificate... 20

For each annual approval of a course of instruction offered in preparation for an original certificate           100

For each original accreditation of a course of continuing education 100

For each renewal of accreditation of a course of continuing education   50

 

      2.  The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:


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ê2003 Statutes of Nevada, Page 1301 (Chapter 243, SB 428)ê

 

      (a) Any examination for a certificate, including any costs which are necessary for the administration of such an examination.

      (b) Any investigation of a person’s background.

      Sec. 33.  Chapter 116 of NRS is hereby amended by adding thereto the provisions set forth as sections 34, 35 and 36 of this act.

      Sec. 34.  “Division” means the Real Estate Division of the Department of Business and Industry.

      Sec. 35.  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

      2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 to satisfy the legal requirement.

      3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division or the Real Estate Commission.

      Sec. 36.  1.  In addition to any other remedy or penalty, the Real Estate Commission may impose an administrative fine against any person who knowingly:

      (a) Engages or offers to engage in any activity for which a permit or certificate or any type of authorization is required pursuant to NRS 116.31139, or any regulation adopted pursuant thereto, if the person does not hold the required permit or certificate or has not been given the required authorization; or

      (b) Assists or offers to assist another person to commit a violation described in paragraph (a).

      2.  If the Real Estate Commission imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.

      3.  In determining the appropriate amount of the administrative fine, the Real Estate Commission shall consider:

      (a) The severity of the violation and the degree of any harm that the violation caused to other persons;

      (b) The nature and amount of any gain or economic benefit that the person derived from the violation;

      (c) The person’s history or record of other violations; and

      (d) Any other facts or circumstances that the Real Estate Commission deems to be relevant.

      4.  Before the Real Estate Commission may impose the administrative fine, the Real Estate Commission must provide the person with notice and an opportunity to be heard.

      5.  The person is entitled to judicial review of the decision of the Real Estate Commission in the manner provided by chapter 233B of NRS.


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ê2003 Statutes of Nevada, Page 1302 (Chapter 243, SB 428)ê

 

      6.  The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of NRS 116.31139 if:

      (a) A specific statute exempts the person from complying with the provisions of NRS 116.31139 with regard to those activities; and

      (b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

      Sec. 37.  NRS 116.1103 is hereby amended to read as follows:

      116.1103  [In] As used in this chapter and in the declaration and bylaws [(NRS 116.3106), unless specifically provided otherwise or] of an association, unless the context otherwise requires, [and in this chapter,] the words and terms defined in NRS 116.110305 to 116.110393, inclusive, and section 34 of this act have the meanings ascribed to them in those sections.

      Sec. 38.  NRS 116.110305 is hereby amended to read as follows:

      116.110305  “Administrator” means the Real Estate Administrator . [of the Real Estate Division of the Department of Business and Industry.]

      Sec. 39.  NRS 116.1116 is hereby amended to read as follows:

      116.1116  1.  The Office of the Ombudsman for Owners in Common-Interest Communities is hereby created within the [Real Estate Division of the Department of Business and Industry.] Division.

      2.  The Administrator shall appoint the Ombudsman for Owners in Common-Interest Communities. The Ombudsman for Owners in Common-Interest Communities is in the unclassified service of the State.

      3.  The Ombudsman for Owners in Common-Interest Communities must be qualified by training and experience to perform the duties and functions of his office.

      4.  The Ombudsman for Owners in Common-Interest Communities shall:

      (a) Assist in processing claims submitted to mediation or arbitration pursuant to NRS 38.300 to 38.360, inclusive;

      (b) Assist owners in common-interest communities to understand their rights and responsibilities as set forth in this chapter and the governing documents of their associations, including, without limitation, publishing materials related to those rights and responsibilities;

      (c) Assist persons appointed or elected to serve on executive boards of associations to carry out their duties; and

      (d) Compile and maintain a registration of each association organized within the state which includes, without limitation:

             (1) The name, address and telephone number of the association;

             (2) The name of the person engaged in property management for the common-interest community or the name of the person who manages the property at the site of the common-interest community;

             (3) The names, mailing addresses and telephone numbers of the members of the executive board of the association;

             (4) The name of the declarant;

             (5) The number of units in the common-interest community; and

             (6) The total annual assessment made by the association.

      Sec. 40.  NRS 116.31139 is hereby amended to read as follows:

      116.31139  1.  An association may employ a person engaged in property management for the common-interest community.

      2.  Except as otherwise provided in this section, a person engaged in property management for a common-interest community must:


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ê2003 Statutes of Nevada, Page 1303 (Chapter 243, SB 428)ê

 

      (a) Hold a permit to engage in property management that is issued pursuant to the provisions of chapter 645 of NRS; or

      (b) Hold a certificate issued by the Real Estate Commission pursuant to subsection 3.

      3.  The Real Estate Commission shall provide by regulation for the issuance of certificates for the management of common-interest communities to persons who are not otherwise authorized to engage in property management pursuant to the provisions of chapter 645 of NRS. The regulations:

      (a) Must establish the qualifications for the issuance of such a certificate, including the education and experience required to obtain such a certificate . [;]

      (b) May require applicants to pass an examination in order to obtain a certificate . [;] If the regulations require such an examination, the Real Estate Commission shall adopt regulations which establish fees to pay the costs of the examination, including any costs which are necessary for the administration of the examination.

      (c) May require an investigation of an applicant’s background. If the regulations require such an investigation, the Real Estate Commission shall adopt regulations which establish fees to pay the costs of the investigation.

      (d) Must establish standards of practice for persons engaged in property management for a common-interest community . [;

      (d)] (e) Must establish the grounds for initiating disciplinary action against a person to whom a certificate has been issued, including, without limitation, the grounds for placing conditions, limitations or restrictions on a certificate and for the suspension or revocation of a certificate . [; and

      (e)] (f) Must establish rules of practice and procedure for conducting disciplinary hearings.

The [Real Estate Division of the Department of Business and Industry] Division may investigate the property managers to whom certificates have been issued to ensure their compliance with the standards of practice adopted pursuant to this subsection and collect a fee for the issuance of a certificate by the Real Estate Commission in an amount not to exceed the administrative costs of issuing the certificate.

      4.  In addition to any other remedy or penalty, the Real Estate Commission may:

      (a) Refuse to issue a permit or certificate to a person who has failed to pay money which the person owes to the Real Estate Commission or the Division.

      (b) Refuse to renew, or suspend or revoke, the permit or certificate of a person who has failed to pay money which the person owes to the Real Estate Commission or the Division.

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

      (a) A person who is engaged in property management for a common-interest community on October 1, 1999, and is granted an exemption from the requirements of subsection 2 by the Administrator upon demonstration that he is qualified and competent to engage in property management for a common-interest community.

      (b) A financial institution.

      (c) An attorney licensed to practice in this state.

      (d) A trustee.


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ê2003 Statutes of Nevada, Page 1304 (Chapter 243, SB 428)ê

 

      (e) An employee of a corporation who manages only the property of the corporation.

      (f) A declarant.

      (g) A receiver.

      [5.] 6.  As used in this section, “property management” means the physical, administrative or financial maintenance and management of real property, or the supervision of those activities for a fee, commission or other compensation or valuable consideration.

      Sec. 41.  NRS 116.311391 is hereby amended to read as follows:

      116.311391  The expiration or revocation of a certificate for the management of a common-interest community by operation of law or by order or decision of the Real Estate Commission or a court of competent jurisdiction, or the voluntary surrender of such a certificate by the holder of the certificate does not:

      1.  Prohibit the [Real Estate Division of the Department of Business and Industry or] Real Estate Commission or the Division from initiating or continuing an investigation of, or action or disciplinary proceeding against, the holder of the certificate as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or

      2.  Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the holder of the certificate.

      Sec. 42.  Chapter 119 of NRS is hereby amended by adding thereto the provisions set forth as sections 43, 44 and 45 of this act.

      Sec. 43.  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

      2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 to satisfy the legal requirement.

      3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division.

      Sec. 44.  In addition to any other remedy or penalty, the Administrator may:

      1.  Refuse to issue a license, permit or registration to a person who has failed to pay money which the person owes to the Division.

      2.  Refuse to renew, or suspend or revoke, the license, permit or registration of a person who has failed to pay money which the person owes to the Division.

      Sec. 45.  1.  In addition to any other remedy or penalty, the Administrator may impose an administrative fine against any person who knowingly:

      (a) Engages or offers to engage in any activity for which a license, permit or registration or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required license, permit or registration or has not been given the required authorization; or


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ê2003 Statutes of Nevada, Page 1305 (Chapter 243, SB 428)ê

 

not hold the required license, permit or registration or has not been given the required authorization; or

      (b) Assists or offers to assist another person to commit a violation described in paragraph (a).

      2.  If the Administrator imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.

      3.  In determining the appropriate amount of the administrative fine, the Administrator shall consider:

      (a) The severity of the violation and the degree of any harm that the violation caused to other persons;

      (b) The nature and amount of any gain or economic benefit that the person derived from the violation;

      (c) The person’s history or record of other violations; and

      (d) Any other facts or circumstances that the Administrator deems to be relevant.

      4.  Before the Administrator may impose the administrative fine, the Administrator must provide the person with notice and an opportunity to be heard.

      5.  The person is entitled to judicial review of the decision of the Administrator in the manner provided by chapter 233B of NRS.

      6.  The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:

      (a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and

      (b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

      Sec. 46.  NRS 119.015 is hereby amended to read as follows:

      119.015  “Administrator” means the [chief of the Division.] Real Estate Administrator.

      Sec. 47.  NRS 119.184 is hereby amended to read as follows:

      119.184  1.  A subdivision consisting of land situated in the State of Nevada or another state must not be advertised or offered for sale within the State of Nevada until the advertising and offering is approved by the Division. Each advertisement must contain the processing number assigned by the Division.

      2.  Each application for approval of advertising must be accompanied by [a] :

      (a) A filing fee [not to exceed $200, according to] based on a schedule of fees [to be] established by the Division ; and [fees]

      (b) Fees for inspecting the advertising and the property in amounts established by the Division.

      3.  The Division shall render a decision upon an application for approval of an advertising or offering within 30 days from the date the application is filed.

      4.  The Division shall adopt regulations to accomplish the purpose of this section.

      Sec. 48.  NRS 119.320 is hereby amended to read as follows:

      119.320  1.  Subject to the provisions of this chapter, the Division shall collect the following fees at such times and upon such conditions as it may provide by regulation:


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ê2003 Statutes of Nevada, Page 1306 (Chapter 243, SB 428)ê

 

For each annual registered representative’s license to represent a developer              [$65] $85

For each transfer of a registered representative’s license to represent a developer    [20] 30

For each penalty for a late renewal of a registered representative’s license            40

For each application for a developer’s request for an exemption from any provision of this chapter  [250] 275

For each application for renewal of an exemption from any provision of this chapter           [250] 275

For each developer’s permit per subdivision........................................ 500

For each developer’s temporary permit for each subdivision [250] 275

For each renewal of a developer’s permit............................................ 500

For each developer’s partial registration pursuant to NRS 119.121 [250] 275

For each amendment to a developer’s permit.......................... [100] 150

 

The $500 fee for a developer’s permit per subdivision does not apply to any subdivision having 34 or fewer lots, parcels, interests or units.

      2.  At the time of the original filing, each developer shall pay an additional $5 for each lot, parcel, interest or unit in any one subdivision in excess of 50, but not exceeding 250 such lots, parcels, interests or units; $4 for 251 through 500 lots, parcels, interests or units in any one subdivision; $3 for 501 through 750 lots, parcels, interests or units in any one subdivision; and $2.50 for all lots, parcels, interests or units in excess of 750 in any one subdivision. The developer may designate lots, parcels, interests or units it intends to offer for sale or lease in this state out of the subdivision, and the fee per lot, parcel, interest or unit is only applicable to those lots, parcels, interests or units. The units must be designated in groupings of no less than 5 contiguous units in each group, except that the Division may accept fewer upon request of the developer. If the developer determines to offer additional lots, parcels, interests or units, it shall so certify to the Division and pay the additional fee therefor.

      3.  With the exception of the fees for a registered representative’s license or transfer, the fees enumerated in this section must be reduced by the Administrator at such times as, in his judgment, he considers a reduction equitable in relation to the necessary costs of carrying out the administration and enforcement of the provisions of this chapter.

      Sec. 49.  Chapter 119A of NRS is hereby amended by adding thereto the provisions set forth as sections 50, 51 and 52 of this act.

      Sec. 50.  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

      2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 to satisfy the legal requirement.


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ê2003 Statutes of Nevada, Page 1307 (Chapter 243, SB 428)ê

 

declaration that complies with the provisions of NRS 53.045 to satisfy the legal requirement.

      3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division.

      Sec. 51.  In addition to any other remedy or penalty, the Administrator may:

      1.  Refuse to issue a license, permit, certificate or registration to a person who has failed to pay money which the person owes to the Division.

      2.  Refuse to renew, or suspend or revoke, the license, permit, certificate or registration of a person who has failed to pay money which the person owes to the Division.

      Sec. 52.  1.  In addition to any other remedy or penalty, the Administrator may impose an administrative fine against any person who knowingly:

      (a) Engages or offers to engage in any activity for which a license, permit, certificate or registration or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required license, permit, certificate or registration or has not been given the required authorization; or

      (b) Assists or offers to assist another person to commit a violation described in paragraph (a).

      2.  If the Administrator imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.

      3.  In determining the appropriate amount of the administrative fine, the Administrator shall consider:

      (a) The severity of the violation and the degree of any harm that the violation caused to other persons;

      (b) The nature and amount of any gain or economic benefit that the person derived from the violation;

      (c) The person’s history or record of other violations; and

      (d) Any other facts or circumstances that the Administrator deems to be relevant.

      4.  Before the Administrator may impose the administrative fine, the Administrator must provide the person with notice and an opportunity to be heard.

      5.  The person is entitled to judicial review of the decision of the Administrator in the manner provided by chapter 233B of NRS.

      6.  The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:

      (a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and

      (b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

      Sec. 53.  NRS 119A.210 is hereby amended to read as follows:

      119A.210  1.  The Administrator shall issue a sales agent’s license to each applicant who submits an application to the Division, in the manner provided by the Division, which includes:

      (a) Satisfactory evidence, affirmed by the project broker or another acceptable source, that the applicant has completed 14 hours of instruction in:


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ê2003 Statutes of Nevada, Page 1308 (Chapter 243, SB 428)ê

 

             (1) Ethics.

             (2) The applicable laws and regulations relating to time shares.

             (3) Principles and practices of selling time shares.

      (b) Satisfactory evidence that he has a reputation for honesty, trustworthiness and competence.

      (c) A designation of the developer for whom he proposes to sell time shares.

      (d) The social security number of the applicant.

      (e) Any further information required by the Division, including the submission by the applicant to any investigation by the police or the Division.

      2.  In addition to or in lieu of the 14 hours of instruction required by paragraph (a) of subsection 1, the applicant may be required to pass an examination which may be adopted by the Division to examine satisfactorily the knowledge of the applicant in those areas of instruction listed in paragraph (a) of subsection 1.

      3.  [The application must be accompanied by] Each applicant must submit the statement required pursuant to NRS 119A.263 and [a fee of $75. The fee must be used by the Division to] pay the [costs of investigating, acting upon and reviewing applications for sales agents’ licenses.] fees provided for in this chapter.

      4.  Each applicant must, as part of his application and at his own expense:

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose; and

      (b) Submit to the Division the completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      5.  The Division may:

      (a) Submit the applicant’s fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

      6.  A person who is licensed as a salesman pursuant to chapter 645 of NRS is not required to obtain a license pursuant to the provisions of this section.

      [5.  Upon the issuance of a license to an applicant, the applicant must pay a fee of $100 for the license and an additional fee of $25 for investigation.

      6.] 7.  Each sales agent’s license issued pursuant to this section expires 2 years after the last day of the calendar month in which it was issued and must be renewed on or before that date. Each licensee [must pay a] who submits the statement required pursuant to NRS 119A.263 and meets the requirements for renewal may renew his license upon the payment of the renewal fee [of $100.

      7.] before his license expires.


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ê2003 Statutes of Nevada, Page 1309 (Chapter 243, SB 428)ê

 

      8.  If a [sales agent] licensee fails to [pay the renewal fee before the expiration of] renew his license [,] before it expires, the license may be reinstated if the licensee submits the statement and pays [a reinstatement fee of $50 and] the renewal fee and the penalty specified in NRS 119A.360 within 1 year after the license expires.

      [8.] 9.  The Administrator may adopt regulations establishing and governing requirements for the continuing education of sales agents.

      Sec. 54.  NRS 119A.250 is hereby amended to read as follows:

      119A.250  1.  The registration of a representative issued pursuant to this chapter expires 1 year after its issuance.

      2.  Each representative who submits the statement required pursuant to NRS 119A.263 and meets the requirements for renewal adopted by the Division may renew his registration upon the payment of the annual renewal fee before [the expiration of] his registration [.] expires.

      3.  If a representative fails to [pay the annual renewal fee before the expiration of] renew his registration [,] before it expires, the registration may be reinstated upon the submission of the statement and the payment of the [reinstatement fee in addition to the] annual renewal fee [. A registration may be reinstated under this subsection only if the statement is submitted and the fees are paid] and the penalty specified in NRS 119A.360 within 1 year after the registration expires.

      4.  A representative issued a registration shall not change his association to another developer or change his location with the same developer unless he has obtained from the Division a transfer of his registration for its unexpired term. An application to the Division for the transfer of his registration for the unexpired term must be accompanied by the fee specified in NRS 119A.360 for the transfer of registration.

      Sec. 55.  NRS 119A.360 is hereby amended to read as follows:

      119A.360  1.  The Division shall collect the following fees at such times and upon such conditions as it may provide by regulation:

 

[Application fee for preliminary permit to sell time shares............. $250

Application fee] For each application for the registration of a representative          [65] $85

For each renewal of the registration of a representative.............. [65] 85

[Application fee for] For each transfer of the registration of a representative to a different developer or location           20

For [reinstatement] each penalty for a late renewal of the registration of a representative    [25] 40

For each preliminary permit to sell time shares................................ 275

For each permit to sell time shares, per subdivision............................ 500

For each amendment to a public offering statement after the issuance of the report              [100] 150

For each renewal of a permit to sell time shares................................ 500

For each original and annual registration of a manager................. 75

For each application for an original license as a sales agent....... 175

For each renewal of a license as a sales agent.................................. 175

For each penalty for a late renewal of a license as a sales agent.... 75

For each change of name or address..................................................... 20


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ê2003 Statutes of Nevada, Page 1310 (Chapter 243, SB 428)ê

 

For each duplicate license, permit or registration where the original is lost or destroyed, and an affidavit is made thereof.................................................................................................. $20

For each annual approval of a course of instruction offered in preparation for an original license or permit............................................................................................................... 100

For each original accreditation of a course of continuing education 100

For each renewal of accreditation of a course of continuing education   50

 

      2.  Each developer shall pay an additional fee for each time share he sells in a time-share plan over 50 pursuant to the following schedule:

 

                                                                                                             Amount to be

             Number of time shares                                                  paid per time share

 

                        51—250............................................................................. $5.00

                      251—500............................................................................... 4.00

                      501—750............................................................................... 3.00

                   751—1500............................................................................... 2.50

                      over 1500............................................................................... 1.00

 

      3.  Except for the fees relating to the registration of a representative, the Administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.

      4.  The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:

      (a) Any examination for a license, including any costs which are necessary for the administration of such an examination.

      (b) Any investigation of a person’s background.

      Sec. 56.  NRS 119A.532 is hereby amended to read as follows:

      119A.532  1.  A person who wishes to engage in the business of, act in the capacity of, advertise or assume to act as a manager shall register with the Division on a form prescribed by the Division.

      2.  The form for registration must include, without limitation:

      (a) The registered name of the time-share plan or the project, or both, that the manager will manage;

      (b) The address and telephone number of the manager’s principal place of business;

      (c) The social security number of the manager; and

      (d) The name of the manager’s responsible managing employee.

      3.  The form for registration must be accompanied by:

      (a) Satisfactory evidence, acceptable to the Division, that the manager and his employees have obtained fidelity bonds in accordance with regulations adopted by the Division; and

      (b) The statement required pursuant to NRS 119A.263.

      4.  The Division [may collect a fee for registering a manager in an amount not to exceed the administrative costs of] shall collect the fee specified in NRS 119A.360 upon registering the manager [.] and annually thereafter to maintain the registration.


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ê2003 Statutes of Nevada, Page 1311 (Chapter 243, SB 428)ê

 

      5.  As used in this section, “responsible managing employee” means the person designated by the manager to:

      (a) Make technical and administrative decisions in connection with the manager’s business; and

      (b) Hire, superintend, promote, transfer, lay off, discipline or discharge other employees or recommend such action on behalf of the manager.

      Sec. 57.  Chapter 119B of NRS is hereby amended by adding thereto the provisions set forth as sections 58 to 61, inclusive, of this act.

      Sec. 58.  “Division” means the Real Estate Division of the Department of Business and Industry.

      Sec. 59.  1.  The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

      2.  In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 to satisfy the legal requirement.

      3.  The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division.

      Sec. 60.  In addition to any other remedy or penalty, the Administrator may:

      1.  Refuse to issue a permit to a person who has failed to pay money which the person owes to the Division.

      2.  Refuse to renew, or suspend or revoke, the permit of a person who has failed to pay money which the person owes to the Division.

      Sec. 61.  1.  In addition to any other remedy or penalty, the Administrator may impose an administrative fine against any person who knowingly:

      (a) Engages or offers to engage in any activity for which a permit or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required permit or has not been given the required authorization; or

      (b) Assists or offers to assist another person to commit a violation described in paragraph (a).

      2.  If the Administrator imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.

      3.  In determining the appropriate amount of the administrative fine, the Administrator shall consider:

      (a) The severity of the violation and the degree of any harm that the violation caused to other persons;

      (b) The nature and amount of any gain or economic benefit that the person derived from the violation;

      (c) The person’s history or record of other violations; and


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ê2003 Statutes of Nevada, Page 1312 (Chapter 243, SB 428)ê

 

      (d) Any other facts or circumstances that the Administrator deems to be relevant.

      4.  Before the Administrator may impose the administrative fine, the Administrator must provide the person with notice and an opportunity to be heard.

      5.  The person is entitled to judicial review of the decision of the Administrator in the manner provided by chapter 233B of NRS.

      6.  The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:

      (a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and

      (b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

      Sec. 62.  NRS 119B.010 is hereby amended to read as follows:

      119B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 119B.020 to 119B.100, inclusive, and section 58 of this act have the meanings ascribed to them in those sections.

      Sec. 63.  NRS 119B.210 is hereby amended to read as follows:

      119B.210  1.  The Administrator shall collect the following fees at such times and upon such conditions as he may provide by regulation:

 

For an initial permit to sell memberships in a campground............ $500

For each renewal of a permit.................................................................. 500

For each amendment to a public offering statement after the issuance of the report              [100] 150

[Application fee] For each application for the registration of a representative        [65] 85

For each renewal of the registration of a representative.............. [65] 85

For each transfer of [a] the registration of a representative to a different developer or location            20

For [reinstatement] each penalty for a late renewal of the registration of a representative    [25] 40

For each change of name or address..................................................... 20

 

      2.  Each developer shall pay an additional fee for each membership he sells in a campground in which more than 50 memberships are available pursuant to the following schedule:

 

                                                                                                             Amount to be

             Number of memberships                                           paid per membership

 

                        51—250............................................................................. $5.00

                      251—500............................................................................... 4.00

                      501—750............................................................................... 3.00

                   751—1500............................................................................... 2.50

                      over 1500............................................................................... 1.00

 

      3.  The Administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.

      Sec. 64.  NRS 645.849 is hereby repealed.


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ê2003 Statutes of Nevada, Page 1313 (Chapter 243, SB 428)ê

 

      Sec. 65.  1.  This act becomes effective on July 1, 2003.

      2.  Sections 11, 17, 25, 53, 54 and 56 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

________

 

CHAPTER 244, SB 465

Senate Bill No. 465–Committee on Taxation

 

CHAPTER 244

 

AN ACT relating to education; making certain changes to the method of calculating the amount of the basic governmental services tax to be distributed to a county school district; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.

      3.  The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if [, in any fiscal year, the sum of] the rate attributable to a district’s debt service in [that] any fiscal year [and any rate levied for capital projects pursuant to NRS 387.3285 in that fiscal year] is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.


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any rate levied for capital projects pursuant to NRS 387.3285 in that fiscal year] is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

      5.  An amount equal to any basic governmental services tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

      6.  The Department shall make distributions of the basic governmental services tax directly to county school districts.

      7.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Received or collected for each county” means:

             (1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

 

Carson City........................... 1.07 percent        Lincoln..................... 3.12 percent

Churchill................................ 5.21 percent        Lyon......................... 2.90 percent

Clark.................................... 22.54 percent        Mineral..................... 2.40 percent

Douglas.................................. 2.52 percent        Nye............................ 4.09 percent

Elko...................................... 13.31 percent        Pershing.................... 7.00 percent

Esmeralda............................. 2.52 percent        Storey........................   .19 percent

Eureka.................................... 3.10 percent        Washoe.................. 12.24 percent

Humboldt.............................. 8.25 percent        White Pine................ 5.66 percent

Lander.................................... 3.88 percent

 

             (2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

      (d) “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 2.  The amendatory provisions of section 1 of this act do not apply to the distribution of any proceeds of the basic governmental services tax collected during a fiscal year beginning before July 1, 2003.

      Sec. 3.  1.  The amendatory provisions of section 1 of this act do not apply to modify, directly or indirectly, any taxes levied or revenues pledged in such a manner as to impair adversely any outstanding obligations of a local government, special district or enterprise district, including, without limitation, bonds, medium-term financing, letters of credit and any other financial obligation, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made.

      2.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 4.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 1315ê

 

CHAPTER 245, SB 466

Senate Bill No. 466–Committee on Taxation

 

CHAPTER 245

 

AN ACT relating to taxation; authorizing the Department of Taxation and its employees to disclose information concerning whether or not a business has a business license issued by the Department; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 364A.100 is hereby amended to read as follows:

      364A.100  1.  Except as otherwise provided in this section and NRS 360.250, the records and files of the Department concerning the administration of this chapter are confidential and privileged. The Department, and any employee of the Department engaged in the administration of this chapter, or charged with the custody of any such records or files, shall not disclose any information obtained from the Department’s records or files or from any examination, investigation or hearing authorized by the provisions of this chapter. Neither the Department nor any employee of the Department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

      2.  The records and files of the Department concerning the administration of this chapter are not confidential and privileged in the following cases:

      (a) Testimony by a member or employee of the Department and production of records, files and information on behalf of the Department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby , are directly involved in the action or proceeding.

      (b) Delivery to a taxpayer or his authorized representative of a copy of any return or other document filed by the taxpayer pursuant to this chapter.

      (c) Publication of statistics so classified as to prevent the identification of a particular business or document.

      (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

      (e) Disclosure in confidence to the Governor or his agent in the exercise of the Governor’s general supervisory powers, or to any person authorized to audit the accounts of the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding pursuant to this chapter, or to any agency of this or any other state charged with the administration or enforcement of laws relating to workers’ compensation, unemployment compensation, public assistance, taxation, labor or gaming.

      (f) Exchanges of information pursuant to subsection 3.

      (g) Disclosure of information concerning whether or not a person conducting a business in this state has a business license issued by the Department pursuant to NRS 364A.130.


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ê2003 Statutes of Nevada, Page 1316 (Chapter 245, SB 466)ê

 

      3.  The Commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      4.  The Executive Director shall periodically, as he deems appropriate, but not less often than annually, transmit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry a list of the businesses of which he has a record. The list must include the mailing address of the business and the approximate number of employees of the business as reported to the Department.

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

________

 

CHAPTER 246, SB 467

Senate Bill No. 467–Committee on Taxation

 

CHAPTER 246

 

AN ACT relating to taxation; authorizing a special district to pledge a percentage of revenue received from the supplemental city-county relief tax for the payment of certain bonds issued by the special district; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 377.080 is hereby amended to read as follows:

      377.080  1.  A local government or special district which receives revenue pursuant to NRS 360.680, 360.690 and 360.700 may pledge not more than 15 percent of that revenue to the payment of any general obligation bond or revenue bond issued by the local government or special district pursuant to chapter 350 of NRS.

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

      3.  For bonds issued pursuant to this section before July 1, 1998, by a local government, special district or enterprise district:

      (a) A pledge of 15 percent of the revenue distributed pursuant to NRS 360.680, 360.690 and 360.700 is substituted for the pledge of 15 percent of the revenue distributed pursuant to NRS 377.057, as that section existed on January 1, 1997; and

      (b) A local government, special district or enterprise district shall increase the percentage specified in paragraph (a) to the extent necessary to provide a pledge to those bonds that is equivalent to the pledge of 15 percent of the amount that would have been received by that local government, special district or enterprise district pursuant to NRS 377.057, as that section existed on January 1, 1997.

      4.  As used in this section, unless the context otherwise requires:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Special district” has the meaning ascribed to it in NRS 360.650.


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ê2003 Statutes of Nevada, Page 1317 (Chapter 246, SB 467)ê

 

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

________

 

CHAPTER 247, AB 384

Assembly Bill No. 384–Assemblymen Koivisto, McClain, Ohrenschall, Parks, Anderson, Christensen, Claborn, Leslie and Pierce

 

CHAPTER 247

 

AN ACT relating to public welfare; requiring the Department of Human Resources to develop a list of preferred prescription drugs to be used for the Medicaid program; requiring the Department to manage the use by the Medicaid program of step therapy and prior authorization for prescription drugs; creating the Pharmacy and Therapeutics Committee within the Department; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Committee” means the Pharmacy and Therapeutics Committee established pursuant to section 7 of this act.

      Sec. 4.  “Drug Use Review Board” means the Board established pursuant to 42 U.S.C. § 1396r-8(g)(3).

      Sec. 5.  1.  The Department shall, by regulation, develop a list of preferred prescription drugs to be used for the Medicaid program.

      2.  The Department shall, by regulation, establish a list of prescription drugs which must be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs established pursuant to subsection 1. The list established pursuant to this subsection must include, without limitation:

      (a) Atypical and typical antipsychotic medications that are prescribed for the treatment of a mental illness of a patient who is receiving services pursuant to Medicaid;

      (b) Prescription drugs that are prescribed for the treatment of the human immunodeficiency virus or acquired immunodeficiency syndrome, including, without limitation, protease inhibitors and antiretroviral medications;

      (c) Anticonvulsant medications;

      (d) Antirejection medications for organ transplants;

      (e) Antidiabetic medications;

      (f) Antihemophilic medications; and

      (g) Any prescription drug which the Committee identifies as appropriate for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs.


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ê2003 Statutes of Nevada, Page 1318 (Chapter 247, AB 384)ê

 

      3.  The regulations must provide that the Committee makes the final determination of:

      (a) Whether a class of therapeutic prescription drugs is included on the list of preferred prescription drugs and is excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs;

      (b) Which therapeutically equivalent prescription drugs will be reviewed for inclusion on the list of preferred prescription drugs and for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs; and

      (c) Which prescription drugs should be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs based on continuity of care concerning a specific diagnosis, condition, class of therapeutic prescription drugs or medical specialty.

      4.  The regulations must provide that each new pharmaceutical product and each existing pharmaceutical product for which there is new clinical evidence supporting its inclusion on the list of preferred prescription drugs must be made available pursuant to the Medicaid program with prior authorization until the Committee reviews the product or the evidence.

      Sec. 6.  1.  The Department shall, by regulation, establish and manage the use by the Medicaid program of step therapy and prior authorization for prescription drugs.

      2.  The Drug Use Review Board shall:

      (a) Advise the Department concerning the use by the Medicaid program of step therapy and prior authorization for prescription drugs;

      (b) Develop step therapy protocols and prior authorization policies and procedures for use by the Medicaid program for prescription drugs; and

      (c) Review and approve, based on clinical evidence and best clinical practice guidelines and without consideration of the cost of the prescription drugs being considered, step therapy protocols used by the Medicaid program for prescription drugs.

      3.  The Department shall not require the Drug Use Review Board to develop, review or approve prior authorization policies or procedures necessary for the operation of the list of preferred prescription drugs developed for the Medicaid program pursuant to section 5 of this act.

      4.  The Department shall accept recommendations from the Drug Use Review Board as the basis for developing or revising step therapy protocols and prior authorization policies and procedures used by the Medicaid program for prescription drugs.

      Sec. 7.  1.  The Director shall create a Pharmacy and Therapeutics Committee within the Department. The Committee must consist of at least 9 members and not more than 11 members appointed by the Governor based on recommendations from the Director.

      2.  The Governor shall appoint to the Committee health care professionals who have knowledge and expertise in one or more of the following:

      (a) The clinically appropriate prescribing of outpatient prescription drugs that are covered by Medicaid;

      (b) The clinically appropriate dispensing and monitoring of outpatient prescription drugs that are covered by Medicaid;


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ê2003 Statutes of Nevada, Page 1319 (Chapter 247, AB 384)ê

 

      (c) The review of, evaluation of and intervention in the use of prescription drugs; and

      (d) Medical quality assurance.

      3.  At least one-third of the members of the Committee and not more than 51 percent of the members of the Committee must be active physicians licensed to practice medicine in this state, at least one of whom must be an active psychiatrist licensed to practice medicine in this state. At least one-third of the members of the Committee and not more than 51 percent of the members of the Committee must be either active pharmacists registered in this state or persons in this state with doctoral degrees in pharmacy.

      4.  A person must not be appointed to the Committee if he is employed by, compensated by in any manner, has a financial interest in, or is otherwise affiliated with a business or corporation that manufactures prescription drugs.

      Sec. 8.  1.  The Governor shall appoint the Chairman of the Committee from among its members.

      2.  After the initial terms, the term of each member of the Committee is 2 years. A member may be reappointed.

      3.  A vacancy occurring in the membership of the Committee must be filled for the remainder of the unexpired term in the same manner as the original appointment.

      4.  The Committee shall meet at least once every 3 months and at the times and places specified by a call of the Chairman of the Committee.

      5.  A majority of the members of the Committee constitutes a quorum for the transaction of business, and the affirmative vote of a majority of the members of the Committee is required to take action.

      Sec. 9.  1.  Members of the Committee serve without compensation, except that a member of the Committee is entitled, while engaged in the business of the Committee, to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      2.  Each member of the Committee who is an officer or employee of the State of Nevada or a local government must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee in the most timely manner practicable. A state agency or local governmental entity shall not require an officer or employee who is a member of the Committee to make up the time that he is absent from work to carry out his duties as a member of the Committee or to use annual vacation or compensatory time for the absence.

      Sec. 10.  1.  The Department shall, by regulation, set forth the duties of the Committee which must include, without limitation:

      (a) Identifying the prescription drugs which should be included on the list of preferred prescription drugs developed by the Department for the Medicaid program pursuant to section 5 of this act and the prescription drugs which should be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs;

      (b) Identifying classes of therapeutic prescription drugs for its review and performing a clinical analysis of each drug included in each class that is identified for review; and

      (c) Reviewing at least annually all classes of therapeutic prescription drugs on the list of preferred prescription drugs developed by the Department for the Medicaid program pursuant to section 5 of this act.


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ê2003 Statutes of Nevada, Page 1320 (Chapter 247, AB 384)ê

 

      2.  The Department shall, by regulation, require the Committee to:

      (a) Base its decisions on evidence of clinical efficacy and safety without consideration of the cost of the prescription drugs being considered by the Committee;

      (b) Review new pharmaceutical products in as expeditious a manner as possible; and

      (c) Consider new clinical evidence supporting the inclusion of an existing pharmaceutical product on the list of preferred prescription drugs developed by the Department for the Medicaid program and new clinical evidence supporting the exclusion of an existing pharmaceutical product from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs in as expeditious a manner as possible.

      3.  The Department shall, by regulation, authorize the Committee to:

      (a) In carrying out its duties, exercise clinical judgment and analyze peer review articles, published studies, and other medical and scientific information; and

      (b) Establish subcommittees to analyze specific issues that arise as the Committee carries out its duties.

      Sec. 11.  1.  The Advisory Committee to the Pharmacy and Therapeutics Committee and the Drug Use Review Board consisting of three members is hereby created in the Department to advise the Committee and the Drug Use Review Board concerning prescription drugs that are used by seniors, persons who are mentally ill or persons with disabilities.

      2.  The Director of the Department shall appoint to the Advisory Committee:

      (a) One member appointed from a list of persons provided to the Department by the American Association of Retired Persons or any successor organization;

      (b) One member appointed from a list of persons provided to the Department by the Alliance for the Mentally Ill of Nevada or any successor organization; and

      (c) One member appointed from a list of persons provided to the Department by the Statewide Independent Living Council established in this state pursuant to 29 U.S.C. § 796d.

      3.  The Director shall appoint the Chairman of the Advisory Committee from among its members.

      4.  After the initial terms, the term of each member of the Advisory Committee is 2 years. A member may be reappointed. A vacancy occurring in the membership of the Advisory Committee must be filled for the remainder of the unexpired term in the same manner as the original appointment.

      5.  Members of the Advisory Committee serve without compensation, except that a member of the Advisory Committee is entitled, while engaged in the business of the Advisory Committee, to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  Each member of the Advisory Committee who is an officer or employee of the State of Nevada or a local government must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable.


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ê2003 Statutes of Nevada, Page 1321 (Chapter 247, AB 384)ê

 

the most timely manner practicable. A state agency or local governmental entity shall not require an officer or employee who is a member of the Advisory Committee to make up the time that he is absent from work to carry out his duties as a member of the Advisory Committee or to use annual vacation or compensatory time for the absence.

      Sec. 12.  1.  The Department may, to carry out its duties set forth in sections 2 to 12, inclusive, of this act and to administer the provisions of sections 2 to 12, inclusive, of this act:

      (a) Adopt regulations; and

      (b) Enter into contracts for any services.

      2.  Any regulations adopted by the Department pursuant to sections 2 to 12, inclusive, of this act must be adopted in accordance with the provisions of chapter 241 of NRS.

      Sec. 13.  NRS 232.320 is hereby amended to read as follows:

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

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

             (1) The Administrator of the Aging Services Division;

             (2) The Administrator of the Health Division;

             (3) The State Welfare Administrator;

             (4) The Administrator of the Division of Child and Family Services; and

             (5) The Administrator of the Division of Health Care Financing and Policy.

      (b) Shall administer, through the divisions of the Department, the provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and sections 2 to 12, inclusive, of this act, 422.580, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions.

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

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

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

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

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

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


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ê2003 Statutes of Nevada, Page 1322 (Chapter 247, AB 384)ê

 

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

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

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

      2.  The Governor shall appoint the Administrator of the Division of Mental Health and Developmental Services.

      Sec. 14.  The Department of Human Resources shall:

      1.  On or before January 1, 2004, adopt final regulations required to carry out the provisions of this act.

      2.  On or before July 1, 2004, apply to the Federal Government to amend the State Plan for Medicaid as necessary to ensure that the State Plan for Medicaid is consistent with the provisions of this act.

      3.  Submit a quarterly report concerning its progress toward preparing, submitting and obtaining federal approval of the amendment described in subsection 2 to the Interim Finance Committee and the Legislative Committee on Health Care, until the date on which the amendment is approved by the Federal Government.

      Sec. 15.  1.  As soon as practicable after July 1, 2003, the Governor shall appoint to the Pharmacy and Therapeutics Committee, so that the terms of the members are staggered, half of the members to serve initial terms of 1 year and the other half of the members to serve initial terms of 2 years.

      2.  As soon as practicable after July 1, 2003, the Director of the Department of Human Resources shall appoint to the Advisory Committee to the Pharmacy and Therapeutics Committee and the Drug Use Review Board one member to serve an initial term of 1 year and two members to serve initial terms of 2 years.

      Sec. 16.  This act becomes effective upon passage and approval for the purpose of adopting regulations by the Department of Human Resources and on July 1, 2003, for all other purposes.

________

 


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ê2003 Statutes of Nevada, Page 1323ê

 

CHAPTER 248, AB 402

Assembly Bill No. 402–Assemblymen Sherer, Knecht, Brown, Collins, Conklin, Geddes, Hettrick, Koivisto and Marvel

 

CHAPTER 248

 

AN ACT relating to health care; requiring a person to obtain the approval of the State Health Officer before operating a new medical helicopter under certain circumstances; revising the requirements concerning the approval by the Director of the Department of Human Resources of certain construction projects on behalf of a health facility; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  No person may operate or undertake any proposed expenditure for the operation of a new medical helicopter that will provide medical helicopter services in an area located within 150 miles from the base of an existing medical helicopter without first applying for and obtaining the written approval of the State Health Officer or the designee of the State Health Officer.

      2.  Except as otherwise provided in subsection 3, the State Health Officer or the designee of the State Health Officer may approve an application submitted pursuant to subsection 1 only if the applicant demonstrates that:

      (a) Based on the needs of the specific population to be served by the new medical helicopter and on the projected number of persons who have or will have a need for the proposed service, the population to be served has a need for the new medical helicopter;

      (b) The existing medical helicopter services in the area to be served by the new medical helicopter cannot or will not meet the projected needs of the population to be served by the new medical helicopter;

      (c) The applicant has the financial stability to provide medical helicopter services to the population to be served by the new medical helicopter for a significant period of time;

      (d) The new medical helicopter will result in a significant savings in costs for users of and payors for medical helicopter services;

      (e) The new medical helicopter will not have an adverse effect on the quality of care provided to users of medical helicopter services and will not have an unnecessarily negative effect on the cost of medical helicopter services for users of or payors for such services; and

      (f) The approval of the application will not adversely affect an existing provider of medical helicopter services.

      3.  The State Health Officer or the designee of the State Health Officer shall not approve an application submitted pursuant to subsection 1 if:

      (a) The applicant fails to provide sufficient, relevant, demonstrative evidence for the approval of the application; or


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ê2003 Statutes of Nevada, Page 1324 (Chapter 248, AB 402)ê

 

      (b) The evidence opposing the application outweighs the evidence supporting the application.

      4.  In determining whether to approve an application submitted pursuant to subsection 1, the State Health Officer or the designee of the State Health Officer shall:

      (a) Contact existing providers of medical helicopter services, ensure that existing providers of medical helicopter services have an opportunity to participate in any public hearing concerning the application, and seek the input of existing providers of medical helicopter services concerning the application; and

      (b) Consider:

             (1) The level of medical care to be provided by the applicant to the population to be served by the new medical helicopter;

             (2) The impact of the new medical helicopter on the rates, quality of service and safety of existing providers of medical helicopter services and on the level of medical care provided by such providers;

             (3) The effect of the new medical helicopter on the cost of health care services; and

             (4) Any other information the State Health Officer or the designee of the State Health Officer deems relevant.

      5.  An applicant whose application is rejected pursuant to this section may appeal the decision of the State Health Officer or the designee of the State Health Officer to the State Board of Health. The decision of the State Board of Health is a final decision for the purposes of judicial review.

      6.  As used in this section, “medical helicopter” means a helicopter especially designed, constructed, modified or equipped to be used for the transportation of injured or sick persons. The term does not include any commercial helicopter carrying passengers on regularly scheduled flights.

      Sec. 2.  NRS 439A.100 is hereby amended to read as follows:

      439A.100  1.  Except as otherwise provided in this section, in a county whose population is less than 100,000, no person may undertake any proposed expenditure for new construction by or on behalf of a health facility in excess of the greater of $2,000,000 or such an amount as the Department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure, without first applying for and obtaining the written approval of the Director. The Health Division of the Department of Human Resources shall not issue a new license or alter an existing license for such a project unless the Director has issued such an approval.

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

      (a) Any capital expenditure for:

             (1) The acquisition of land;

             (2) The construction of a facility for parking;

             (3) The maintenance of a health facility;

             (4) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;

             (5) The installation of a system to conserve energy;

             (6) The installation of a system for data processing or communication; or

             (7) Any other project which, in the opinion of the Director, does not relate directly to the provision of any health service; or


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ê2003 Statutes of Nevada, Page 1325 (Chapter 248, AB 402)ê

 

      (b) Any project for the development of a health facility that has received legislative approval and authorization.

      (c) A project for the construction of a hospital in an unincorporated town if:

             (1) The population of the unincorporated town is more than 24,000;

             (2) No other hospital exists in the town;

             (3) No other hospital has been approved for construction or qualified for an exemption from approval for construction in the town pursuant to this section; and

             (4) The unincorporated town is at least a 45-minute drive from the nearest center for the treatment of trauma that is licensed by the Health Division of the Department.

Upon determining that a project satisfies the requirements for an exemption pursuant to this subsection, the Director shall issue a certificate which states that the project is exempt from the requirements of this section.

      3.  In reviewing an application for approval, the Director shall:

      (a) Comparatively assess applications for similar projects affecting the same geographic area; and

      (b) Base his decision on criteria established by the Director by regulation. The criteria must include:

             (1) The need for and the appropriateness of the project in the area to be served;

             (2) The financial feasibility of the project;

             (3) The effect of the project on the cost of health care; and

             (4) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.

      4.  The Department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the location of the project or a substantial increase in the cost of the project.

      5.  The decision of the Director is a final decision for the purposes of judicial review.

      6.  As used in this section, “hospital” has the meaning ascribed to it in NRS 449.012.

      Sec. 3.  The Director of the Department of Human Resources shall issue a certificate of exemption for any project for which an application for approval has been filed pursuant to NRS 439A.100 that is pending on July 1, 2003, if the application is exempt from the requirement of approval pursuant to the amendatory provisions of section 2 of this act.

      Sec. 4.  The provisions of section 1 of this act apply retroactively to each medical helicopter that did not provide medical helicopter services on or before December 31, 2002.

      Sec. 5.  1.  This section and sections 1 and 4 of this act become effective upon passage and approval.

      2.  Sections 2 and 3 of this act become effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 1326ê

 

CHAPTER 249, SB 450

Senate Bill No. 450–Committee on Government Affairs

 

CHAPTER 249

 

AN ACT relating to the Nevada Equal Rights Commission; requiring the Commission to adopt regulations concerning the processing of complaints; revising requirements regarding the confidentiality of complaints and investigations; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 233 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Commission shall accept any complaint alleging an unlawful discriminatory practice over which it has jurisdiction pursuant to this chapter. The Commission shall adopt regulations setting forth the manner in which the Commission will process any such complaint and determine whether to hold an informal meeting or conduct an investigation concerning the complaint.

      Sec. 2.  NRS 233.020 is hereby amended to read as follows:

      233.020  As used in this chapter:

      1.  “Administrator” means the Administrator of the Commission.

      2.  “Commission” means the Nevada Equal Rights Commission [.

      2.  “Director” means the Executive Director of the Nevada Equal Rights Commission.] within the Department of Employment, Training and Rehabilitation.

      3.  “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.

      4.  “Member” means a member of the Nevada Equal Rights Commission.

      Sec. 3.  NRS 233.090 is hereby amended to read as follows:

      233.090  The Governor shall appoint an [Executive Director] Administrator of the Commission. The [Director shall] Administrator must have had successful experience in the administration and promotion of a program comparable to the program provided by this chapter.

      Sec. 4.  NRS 233.100 is hereby amended to read as follows:

      233.100  The [Director] Administrator is in the unclassified service of the State.

      Sec. 5.  NRS 233.110 is hereby amended to read as follows:

      233.110  The [Director] Administrator shall:

      1.  Be jointly responsible to the Governor and the Commission.

      2.  Direct and supervise all of the technical and administrative activities of the Commission.

      3.  Perform any lawful act which he considers necessary or desirable to carry out the purposes and provisions of this chapter.


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ê2003 Statutes of Nevada, Page 1327 (Chapter 249, SB 450)ê

 

      Sec. 6.  NRS 233.150 is hereby amended to read as follows:

      233.150  The Commission may:

      1.  Order its [Executive Director] Administrator to investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, national origin or ancestry, and may conduct hearings with regard thereto.

      2.  Mediate between or reconcile the persons or groups involved in those tensions, practices and acts.

      3.  Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the Commission.

      4.  Delegate its power to hold hearings and issue subpoenas to any of its members or any hearing officer in its employ.

      5.  Adopt reasonable regulations necessary for the Commission to carry out the functions assigned to it by law.

      Sec. 7.  NRS 233.165 is hereby amended to read as follows:

      233.165  1.  [The Commission shall:] If the Commission determines to conduct an investigation of a complaint which alleges an unlawful discriminatory practice in housing in accordance with the regulations adopted pursuant to section 1 of this act, the Commission must:

      (a) Begin an investigation of [a complaint which alleges an unlawful discriminatory practice in housing] the complaint within 30 days after it receives the complaint.

      (b) Complete its investigation of the complaint within 100 days after it receives the complaint unless it is impracticable to do so.

      (c) Make a final disposition of the complaint within 1 year after the date it receives the complaint unless it is impracticable to do so.

      2.  If the Commission determines that it is impracticable to complete an investigation or make a final disposition of a complaint which alleges an unlawful discriminatory practice in housing within the period prescribed in subsection 1, the Commission shall send to the complainant and the person against whom the complaint was filed a statement setting forth its reasons for not completing the investigation or making a final disposition of the complaint within that period.

      Sec. 8.  NRS 233.170 is hereby amended to read as follows:

      233.170  1.  When a complaint is filed whose allegations if true would support a finding of unlawful practice, the Commission shall determine whether to hold an informal meeting to attempt a settlement of the dispute [. To prepare for the informal meeting, the Executive Director] in accordance with the regulations adopted pursuant to section 1 of this act. If the Commission determines to hold an informal meeting, the Administrator may , to prepare for the meeting, request from each party any information which is reasonably relevant to the complaint. No further action may be taken if the parties agree to a settlement.

      2.  If an agreement is not reached [, the Executive Director of the Commission] at the informal meeting, the Administrator shall determine whether to conduct an investigation into the alleged unlawful practice [.] in accordance with the regulations adopted pursuant to section 1 of this act. After the investigation, if the [Executive Director] Administrator determines that an unlawful practice has occurred, [he] the Administrator shall attempt to mediate between or reconcile the parties. The party against whom a complaint was filed may agree to cease the unlawful practice. If an agreement is reached, no further action may be taken by the complainant or by the Commission.


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ê2003 Statutes of Nevada, Page 1328 (Chapter 249, SB 450)ê

 

agreement is reached, no further action may be taken by the complainant or by the Commission.

      3.  If the attempts at mediation or conciliation fail, the Commission may hold a public hearing on the matter. After the hearing, if the Commission determines that an unlawful practice has occurred, it may:

      (a) Serve a copy of its findings of fact within 10 calendar days upon any person found to have engaged in the unlawful practice; and

      (b) Order the person to:

             (1) Cease and desist from the unlawful practice.

             (2) In cases involving an unlawful employment practice, restore all benefits and rights to which the aggrieved person is entitled, including , but not limited to, rehiring, back pay for a period not to exceed 2 years after the date of the most recent unlawful practice, annual leave time, sick leave time or pay, other fringe benefits and seniority, with interest thereon from the date of the Commission’s decision at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the Commission’s decision, plus 2 percent. The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.

      4.  The order of the Commission is a final decision in a contested case for the purpose of judicial review. If the person fails to comply with the Commission’s order, the Commission shall apply to the district court for an order compelling such compliance, but failure or delay on the part of the Commission does not prejudice the right of an aggrieved party to judicial review. The court shall issue the order unless it finds that the Commission’s findings or order are not supported by substantial evidence or are otherwise arbitrary or capricious. If the court upholds the Commission’s order and finds that the person has violated the order by failing to cease and desist from the unlawful practice or to make the payment ordered, the court shall award the aggrieved party actual damages for any economic loss and no more.

      5.  After the Commission has held a public hearing and rendered a decision, the complainant is barred from proceeding on the same facts and legal theory before any other administrative body or officer.

      Sec. 9.  NRS 233.170 is hereby amended to read as follows:

      233.170  1.  When a complaint is filed whose allegations if true would support a finding of unlawful practice, the Commission shall determine whether to hold an informal meeting to attempt a settlement of the dispute [. To prepare for the informal meeting, the Executive Director] in accordance with the regulations adopted pursuant to section 1 of this act. If the Commission determines to hold an informal meeting, the Administrator may , to prepare for the meeting, request from each party any information which is reasonably relevant to the complaint. Except as otherwise provided in subsection 3, no further action may be taken if the parties agree to a settlement.

      2.  If an agreement is not reached [, the Executive Director of the Commission] at the informal meeting, the Administrator shall determine whether to conduct an investigation into the alleged unlawful practice [.] in accordance with the regulations adopted pursuant to section 1 of this act. After the investigation, if the [Executive Director] Administrator determines that an unlawful practice has occurred, [he] the Administrator shall attempt to mediate between or reconcile the parties. The party against whom a complaint was filed may agree to cease the unlawful practice.


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ê2003 Statutes of Nevada, Page 1329 (Chapter 249, SB 450)ê

 

complaint was filed may agree to cease the unlawful practice. Except as otherwise provided in subsection 3, if an agreement is reached, no further action may be taken by the complainant or by the Commission.

      3.  If an agreement is reached by the parties in a case involving a discriminatory practice in housing, the agreement must be approved by the Commission. The agreement must be made public unless the parties otherwise agree and the Commission determines that disclosure is not necessary to further the purposes of chapter 118 of NRS.

      4.  If the attempts at mediation or conciliation fail in a case involving an unlawful practice in employment or public accommodations, the Commission may hold a public hearing on the matter. After the hearing, if the Commission determines that an unlawful practice has occurred, it may:

      (a) Serve a copy of its findings of fact within 10 calendar days upon any person found to have engaged in the unlawful practice; and

      (b) Order the person to:

             (1) Cease and desist from the unlawful practice.

             (2) In cases involving an unlawful employment practice, restore all benefits and rights to which the aggrieved person is entitled, including, but not limited to, rehiring, back pay for a period not to exceed 2 years after the date of the most recent unlawful practice, annual leave time, sick leave time or pay, other fringe benefits and seniority, with interest thereon from the date of the Commission’s decision at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the Commission’s decision, plus 2 percent. The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.

      5.  If the attempts at mediation or conciliation fail in a case involving an unlawful housing practice:

      (a) The complainant or the person against whom the complaint was filed may elect to have the claims included in the complaint decided in a court of competent jurisdiction. If the court determines that the person against whom the complaint was filed has committed an unlawful housing practice, the court may:

             (1) Award to the complainant actual damages and, within the limitations prescribed by federal law, punitive damages.

             (2) Award to the prevailing party costs and reasonable attorney’s fees.

             (3) Order such other relief as the court deems appropriate, including, but not limited to:

                   (I) Ordering a permanent or temporary injunction;

                   (II) Issuing a temporary restraining order; or

                   (III) Enjoining the defendant from continuing the unlawful practice or taking other such affirmative action.

      (b) If an election is not made pursuant to paragraph (a), the Commission shall hold a public hearing on the matter. After the hearing, if the Commission determines that an unlawful practice has occurred, it may:

             (1) Serve a copy of its findings of fact within 10 days upon any person found to have engaged in the unlawful practice;

             (2) Order the person to cease and desist from the unlawful practice;

             (3) Award to the complainant actual damages; and


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ê2003 Statutes of Nevada, Page 1330 (Chapter 249, SB 450)ê

 

             (4) Impose a civil penalty of not more than $25,000 upon the person who committed the unlawful discriminatory practice.

      6.  The order of the Commission is a final decision in a contested case for the purpose of judicial review. If the person fails to comply with the Commission’s order, the Commission shall apply to the district court for an order compelling such compliance, but failure or delay on the part of the Commission does not prejudice the right of an aggrieved party to judicial review. The court shall issue the order unless it finds that the Commission’s findings or order are not supported by substantial evidence or are otherwise arbitrary or capricious. If the court upholds the Commission’s order and finds that the person has violated the order by failing to cease and desist from the unlawful practice or to make the payment ordered, the court shall award the aggrieved party actual damages for any economic loss and no more.

      7.  After the Commission has held a public hearing and rendered a decision, the complainant is barred from proceeding on the same facts and legal theory before any other administrative body or officer.

      Sec. 10.  NRS 233.180 is hereby amended to read as follows:

      233.180  If, after the [Executive Director of the Commission] Administrator has conducted a preliminary investigation into an alleged unlawful discriminatory practice in housing, employment or public accommodations, the Commission determines that the practice will cause immediate and irreparable harm to any person aggrieved by the practice, the Commission, after the informal meeting and before holding a public hearing upon the matter, may apply on behalf of such person to the district court for a temporary restraining order or preliminary injunction as provided in the Nevada Rules of Civil Procedure.

      Sec. 11.  NRS 233.190 is hereby amended to read as follows:

      233.190  [All]

      1.  Except as otherwise provided in this section, any information gathered by the Commission in the course of its investigation of an alleged unlawful discriminatory practice in housing, employment or public accommodations is confidential . [until the]

      2.  The Commission may disclose information gathered pursuant to subsection 1 to:

      (a) Any governmental entity as appropriate or necessary to carry out its duties pursuant to this chapter; or

      (b) To any other person if the information is provided in a manner which does not include any information that may be used to identity the complainant, the party against whom the unlawful discriminatory practice is alleged or any person who provided information to the Commission during the investigation.

      3.  Except as otherwise provided in subsection 4, the Commission shall disclose information gathered pursuant to subsection 1 to the complainant and the party against whom the unlawful discriminatory practice is alleged if:

      (a) Each has consented to such disclosure; or

      (b) The Commission has determined to conduct a hearing on the matter or [applies] apply for a temporary restraining order or an injunction [.

      If] or an action has been filed in court concerning the complaint.

      4.  The Commission may not disclose to the complainant or the party against whom the unlawful discriminatory practice is alleged:


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ê2003 Statutes of Nevada, Page 1331 (Chapter 249, SB 450)ê

 

      (a) Any information obtained during negotiations for a settlement or attempts at mediating or conciliating the complaint.

      (b) Any investigative notes or reports made by the Commission.

      (c) Any information that may be used to identity a person who provided information to the Commission for during the investigation and who has requested anonymity.

      5.  Except as otherwise provided in this section, if the Commission’s attempts at mediating or conciliating the cause of the grievance succeed, the information [shall] gathered pursuant to subsection 1 must remain confidential.

      6.  If the Commission proceeds with a hearing or applies for injunctive relief, confidentiality concerning any information , except negotiations for a settlement or attempts at mediating or conciliating the cause of the grievance, is no longer required.

      Sec. 12.  NRS 233.210 is hereby amended to read as follows:

      233.210  Any person who willfully resists, prevents, impedes or interferes with the Commission, its members, the [Director] Administrator or agents in the performance of duties pursuant to this chapter shall be fined not more than $500.

      Sec. 13.  1.  This section and sections 1 to 6, inclusive, 8, 10, 11 and 12 of this act become effective on October 1, 2003.

      2.  Section 8 of this act expires by limitation on the date the Governor declares that the Federal Government has determined that certain provisions of NRS provide rights and remedies for alleged discriminatory housing practices substantially equivalent to federal law.

      3.  Sections 7 and 9 of this act become effective on the date the Governor declares that the Federal Government has determined that certain provisions of NRS provide rights and remedies for alleged discriminatory housing practices substantially equivalent to federal law.

________

 

CHAPTER 250, SB 24

Senate Bill No. 24–Senator  Neal

 

CHAPTER 250

 

AN ACT relating to health care records; authorizing certain persons to access the health care records of certain deceased patients; revising the provisions regarding reporting of examination results by medical laboratories; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

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

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

      (b) The personal representative of the estate of a deceased patient;


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ê2003 Statutes of Nevada, Page 1332 (Chapter 250, SB 24)ê

 

      (c) The parent or guardian of a deceased patient who died before reaching the age of majority;

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

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

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

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

      2.  Except as otherwise provided in subsection 3, the provider of health care shall also furnish a copy of the records to each person described in subsection 1 who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.

      3.  The provider of health care shall also furnish a copy of any records that are necessary to support a claim or appeal under any provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under any federal or state financial needs-based benefit program, without charge, to a patient, or a representative with written authorization from the patient, who requests it, if the request is accompanied by documentation of the claim or appeal. A copying fee, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes, may be charged by the provider of health care for furnishing a second copy of the records to support the same claim or appeal. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy. The provider of health care shall furnish the copy of the records requested pursuant to this subsection within 30 days after the date of receipt of the request, and the provider of health care shall not deny the furnishing of a copy of the records pursuant to this subsection solely because the patient is unable to pay the fees established in this subsection.

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

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

      (b) The personal representative of the estate of a deceased patient;

      (c) The parent or guardian of a deceased patient who died before reaching the age of majority; or


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ê2003 Statutes of Nevada, Page 1333 (Chapter 250, SB 24)ê

 

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

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

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

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

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

      6.  Subsection 5 does not prohibit:

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

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

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

      8.  For the purposes of this section:

      (a) “Guardian” means a person who has qualified as the guardian of a minor pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.

      (b) “Parent” means a natural or adoptive parent whose parental rights have not been terminated.

      (c) “Personal representative” has the meaning ascribed to it in NRS 132.265.

      Sec. 2.  NRS 652.190 is hereby amended to read as follows:

      652.190  1.  A laboratory may examine specimens only at the request of:

      (a) A licensed physician;

      (b) Any other person authorized by law to use the findings of laboratory tests and examinations; or

      (c) If the examination can be made with a testing device or kit which is approved by the Food and Drug Administration for use in the home and which is available to the public without a prescription, any person.

      2.  Except as otherwise provided in NRS 441A.150, 442.325 and 652.193, the laboratory may report the results of the examination only to [the] :

      (a) The person requesting the test or procedure ;

      (b) A provider of health care who is treating or providing assistance in the treatment of the patient;


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ê2003 Statutes of Nevada, Page 1334 (Chapter 250, SB 24)ê

 

      (c) A provider of health care to whom the patient has been referred; and [to the]

      (d) The patient for whom the testing or procedure was performed.

      3.  The laboratory report must contain the name of the laboratory.

      [3.]  If a specimen is accepted by a laboratory and is referred to another laboratory, the name and address of the other laboratory must be clearly shown by the referring laboratory on the report to the person requesting the test or procedure.

      4.  Whenever an examination is made pursuant to paragraph (c) of subsection 1, the laboratory report must contain a provision which recommends that the results of the examination be reviewed and interpreted by a physician or other licensed provider of health care.

      Sec. 3.  1.  This section and section 2 of this act become effective upon passage and approval.

      2.  Section 1 of this act becomes effective on October 1, 2003.

________

 

CHAPTER 251, SB 183

Senate Bill No. 183–Senator Mathews

 

Joint Sponsor: Assemblywoman Gibbons

 

CHAPTER 251

 

AN ACT relating to insurance; requiring certain policies of health insurance and health care plans to provide coverage for colorectal cancer screening under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

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 a new section to read as follows:

      1.  A policy of health insurance that provides coverage for the treatment of colorectal cancer must provide coverage for colorectal cancer screening in accordance with:

      (a) The guidelines concerning colorectal cancer screening which are published by the American Cancer Society; or

      (b) Other guidelines or reports concerning colorectal cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

      2.  A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.

      Sec. 2.  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 [.]


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ê2003 Statutes of Nevada, Page 1335 (Chapter 251, SB 183)ê

 

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 section 1 of this act.

      Sec. 3.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A policy of group health insurance that provides coverage for the treatment of colorectal cancer must provide coverage for colorectal cancer screening in accordance with:

      (a) The guidelines concerning colorectal cancer screening which are published by the American Cancer Society; or

      (b) Other guidelines or reports concerning colorectal cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

      2.  A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.

      Sec. 4.  Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A policy of health insurance issued by a hospital or medical service corporation that provides coverage for the treatment of colorectal cancer must provide coverage for colorectal cancer screening in accordance with:

      (a) The guidelines concerning colorectal cancer screening which are published by the American Cancer Society; or

      (b) Other guidelines or reports concerning colorectal cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

      2.  A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.

      Sec. 5.  Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A health care plan issued by a health maintenance organization that provides coverage for the treatment of colorectal cancer must provide coverage for colorectal cancer screening in accordance with:

      (a) The guidelines concerning colorectal cancer screening which are published by the American Cancer Society; or

      (b) Other guidelines or reports concerning colorectal cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

      2.  An evidence of coverage for a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage that conflicts with the provisions of this section is void.

      Sec. 6.  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.


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ê2003 Statutes of Nevada, Page 1336 (Chapter 251, SB 183)ê

 

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 under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy 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.

      5.  The provisions of NRS 695C.1694 and 695C.1695 and section 5 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. 7.  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.1694, 695C.1695 or 695C.207 [;] or section 5 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 the health maintenance organization:

             (1) Does not meet the requirements of subsection 2 of NRS 695C.080; or

             (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

      (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;


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ê2003 Statutes of Nevada, Page 1337 (Chapter 251, SB 183)ê

 

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

      1.  A health care plan issued by a managed care organization that provides coverage for the treatment of colorectal cancer must provide coverage for colorectal cancer screening in accordance with:

      (a) The guidelines concerning colorectal cancer screening which are published by the American Cancer Society; or

      (b) Other guidelines or reports concerning colorectal cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

      2.  An evidence of coverage for a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage that conflicts with the provisions of this section is void.

      Sec. 9.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada that provides health insurance through a plan of self-insurance shall provide coverage for colorectal cancer screening in accordance with:


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ê2003 Statutes of Nevada, Page 1338 (Chapter 251, SB 183)ê

 

      1.  The guidelines concerning colorectal cancer screening which are published by the American Cancer Society; or

      2.  Other guidelines or reports concerning colorectal cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

________

 

CHAPTER 252, SB 204

Senate Bill No. 204–Committee on Judiciary

 

CHAPTER 252

 

AN ACT relating to real property; providing that the fact that real property has been the site for the manufacture of methamphetamine is not immaterial for the purposes of making disclosures to a purchaser, lessee or tenant of the property under certain circumstances; removing the exemption from the requirement of completing and providing a disclosure form to a purchaser of residential property that is provided to the seller of the property in certain types of transactions; requiring certain disclosures to be made to a person who purchases, leases or takes possession of a manufactured home, mobile home or commercial coach if the home or coach has been the site for the manufacture of methamphetamine; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 40.770 is hereby amended to read as follows:

      40.770  1.  [In] Except as otherwise provided in subsection 5, in any sale , lease or rental of real property, the fact that the property is or has been:

      (a) The site of a homicide, suicide or death by any other cause, except a death that results from a condition of the property [, or the] ;

      (b) The site of any crime punishable as a felony [; or

      (b)] other than a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

      (c) Occupied by a person exposed to the human immunodeficiency virus or suffering from acquired immune deficiency syndrome or any other disease that is not known to be transmitted through occupancy of the property,

is not material to the transaction.

      2.  In any sale , lease or rental of real property, the fact that a sex offender, as defined in NRS 179D.400, resides or is expected to reside in the community is not material to the transaction, and the seller , lessor or landlord or any agent of the seller , lessor or landlord does not have a duty to disclose such a fact to a buyer , lessee or tenant or any agent of a buyer [.] , lessee or tenant.

      3.  A seller , lessor or landlord or any agent of the seller , lessor or landlord is not liable to the buyer , lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1 or 2 that is not material to the transaction [.]


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ê2003 Statutes of Nevada, Page 1339 (Chapter 252, SB 204)ê

 

2 that is not material to the transaction [.] or of which the seller, lessor or landlord or agent of the seller, lessor or landlord had no actual knowledge.

      4.  Except as otherwise provided in an agreement between a buyer , lessee or tenant and his agent, an agent of the buyer , lessee or tenant is not liable to the buyer , lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1 or 2 that is not material to the transaction [.] or of which the agent of the buyer, lessee or tenant had no actual knowledge.

      5.  For purposes of this section, the fact that the property is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine is not material to the transaction if:

      (a) All materials and substances involving methamphetamine have been removed from or remediated on the property by an entity certified or licensed to do so; or

      (b) The property has been deemed safe for habitation by a governmental entity.

      Sec. 2.  NRS 113.130 is hereby amended to read as follows:

      113.130  1.  Except as otherwise provided in subsections 2 and 3:

      (a) At least 10 days before residential property is conveyed to a purchaser:

             (1) The seller shall complete a disclosure form regarding the residential property; and

             (2) The seller or his agent shall serve the purchaser or his agent with the completed disclosure form.

      (b) If, after service of the completed disclosure form but before conveyance of the property to the purchaser, a seller or his agent discovers a new defect in the residential property that was not identified on the completed disclosure form or discovers that a defect identified on the completed disclosure form has become worse than was indicated on the form, the seller or his agent shall inform the purchaser or his agent of that fact, in writing, as soon as practicable after the discovery of that fact but in no event later than the conveyance of the property to the purchaser. If the seller does not agree to repair or replace the defect, the purchaser may:

             (1) Rescind the agreement to purchase the property; or

             (2) Close escrow and accept the property with the defect as revealed by the seller or his agent without further recourse.

      2.  Subsection 1 does not apply to a sale or intended sale of residential property:

      (a) [By a government or governmental agency.

      (b) Pursuant to a court order or by foreclosure or deed in lieu of foreclosure.

      (c)] Between any co-owners of the property, spouses or persons related within the third degree of consanguinity.

      [(d)] (b) Which is the first sale of a residence that was constructed by a licensed contractor . [and not occupied by the purchaser for more than 120 days.

      (e) By any bank, thrift company, credit union, trust company, savings and loan association or mortgage or farm loan association, licensed as such under the laws of this state or of the United States, if it has acquired the property for development, for the convenient transaction of its business, or as a result of foreclosure of the property encumbered in good faith as security for a loan or other obligation it has originated or holds.


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ê2003 Statutes of Nevada, Page 1340 (Chapter 252, SB 204)ê

 

a result of foreclosure of the property encumbered in good faith as security for a loan or other obligation it has originated or holds.

      (f)] (c) By a person who takes temporary possession or control of or title to the property solely to facilitate the sale of the property on behalf of a person who relocates to another county, state or country before title to the property is transferred to a purchaser.

      3.  A purchaser of residential property may waive any of the requirements of subsection 1. Any such waiver is effective only if it is made in a written document that is signed by the purchaser and notarized.

      Sec. 3.  Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 9, inclusive, of this act.

      Sec. 4.  As used in sections 4 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 and 6 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  “Transferee” means any person who purchases, leases or takes possession in any other manner or attempts to purchase, lease or take possession in any other manner of a manufactured home, mobile home or commercial coach or any interest therein from a transferor.

      Sec. 6.  “Transferor” means any person who:

      1.  Sells or leases or attempts to sell or lease a manufactured home, mobile home or commercial coach or any interest therein to a transferee; or

      2.  Transfers or attempts to transfer a manufactured home, mobile home or commercial coach or any interest therein to a transferee in any other manner.

      Sec. 7.  1.  Except as otherwise provided in this section and unless required to make a disclosure pursuant to NRS 40.770, if a manufactured home, mobile home or commercial coach is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine, a transferor or his agent who has actual knowledge of such information shall disclose the information to a transferee or his agent.

      2.  The disclosure described in subsection 1 is not required if:

      (a) All materials and substances involving methamphetamine have been removed from or remediated on the manufactured home, mobile home or commercial coach by an entity certified or licensed to do so; or

      (b) The manufactured home, mobile home or commercial coach has been deemed safe for habitation by a governmental entity.

      3.  The disclosure described in subsection 1 is not required for any sale or other transfer or intended sale or other transfer of a manufactured home, mobile home or commercial coach by a transferor:

      (a) To any co-owner of the manufactured home, mobile home or commercial coach, the spouse of the transferor or a person related within the third degree of consanguinity to the transferor; or

      (b) If the transferor is a dealer and this is the first sale or transfer of a new manufactured home, mobile home or commercial coach.

      4.  The Division may adopt regulations to carry out the provisions of this section.

      Sec. 8.  1.  A transferor or his agent, or both, who violates any provision of section 7 of this act may be held liable to the transferee in any action at law or in equity.


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ê2003 Statutes of Nevada, Page 1341 (Chapter 252, SB 204)ê

 

      2.  An agent of a transferee who has actual knowledge of any information required to be disclosed pursuant to section 7 of this act may be held liable to the transferee in any action at law or in equity if he fails to disclose that information to the transferee.

      3.  If a transferor makes a disclosure pursuant to section 7 of this act, the transferee may:

      (a) Rescind the agreement to purchase, lease or take possession of the manufactured home, mobile home or commercial coach;

      (b) Make the agreement to purchase, lease or take possession of the manufactured home, mobile home or commercial coach contingent upon the repair of any damage to the manufactured home, mobile home or commercial coach that has been caused by the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

      (c) Accept the manufactured home, mobile home or commercial coach with the damage as disclosed by the transferor without further recourse.

      4.  The rights and remedies provided by this section are in addition to any other rights or remedies that may exist at law or in equity.

      Sec. 9.  The failure of a licensed dealer, rebuilder or salesman to make the disclosure required pursuant to section 7 of this act constitutes grounds for disciplinary action pursuant to NRS 489.381.

________

 

CHAPTER 253, SB 253

Senate Bill No. 253–Senator Cegavske

 

Joint Sponsor: Assemblywoman Giunchigliani

 

CHAPTER 253

 

AN ACT relating to education; providing that a pupil must be in attendance for a minimum number of days to obtain credit or to be promoted to the next higher grade; requiring each school to provide notice to the parent or legal guardian of a pupil before the pupil is denied credit or promotion to the next higher grade; providing that a pupil and his parent or legal guardian may request a review of a decision to deny credit or promotion to the next higher grade; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 392.122 is hereby amended to read as follows:

      392.122  1.  The board of trustees of each school district shall prescribe a minimum number of days that a pupil who is enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade. For the purposes of this subsection, the days on which a pupil is not in attendance because the pupil is [:

      (a) Physically or mentally unable to attend school; or

      (b) Absent] absent for up to 10 days within 1 school year with the approval of the teacher or principal of the school pursuant to NRS 392.130 , [and only if he has completed course-work requirements,] must be credited towards the required days of attendance [.]


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ê2003 Statutes of Nevada, Page 1342 (Chapter 253, SB 253)ê

 

[and only if he has completed course-work requirements,] must be credited towards the required days of attendance [.] if the pupil has completed course-work requirements.

      2.  Before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or his designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and his parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review. Upon the request for a review by the pupil and his parent or legal guardian, the principal or his designee shall review the reason for each absence of the pupil upon which the intended denial of credit or promotion is based. After the review, the principal or his designee shall credit towards the required days of attendance each day of absence for which:

      (a) There is evidence or a written affirmation by the parent or legal guardian of the pupil that the pupil was physically or mentally unable to attend school on the day of the absence; and

      (b) The pupil has completed course-work requirements.

      3.  A pupil and his parent or legal guardian may appeal a decision of a principal or his designee pursuant to subsection 2 to the board of trustees of the school district in which the pupil is enrolled.

      4.  A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.

      Sec. 2.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 254, SB 287

Senate Bill No. 287–Senators Wiener, Rawson, Neal, Cegavske, Mathews, Nolan and Washington

 

CHAPTER 254

 

AN ACT relating to public health; establishing the Arthritis Prevention and Control Program within the Health Division of the Department of Human Resources to increase public awareness of, and educate persons on, matters relating to arthritis; establishing the Advisory Committee on the Arthritis Prevention and Control Program to make certain recommendations to the Division; authorizing the receipt of gifts or grants and other sources of money to carry out the Program; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

      Whereas, Arthritis encompasses more than 100 diseases and conditions that affect joints, the surrounding tissues of joints and other connective tissues; and


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ê2003 Statutes of Nevada, Page 1343 (Chapter 254, SB 287)ê

 

      Whereas, Arthritis is one of the most common families of diseases in the United States because it affects nearly one in every six persons in the United States and will impact an estimated 60 million people, or 20 percent of the population of the United States, by the year 2020; and

      Whereas, Arthritis is the leading cause of disability in the United States and limits the daily activities of more than 7 million persons in this nation; and

      Whereas, Arthritis has a significant impact on the quality of life for the person who suffers from the painful symptoms and disabilities associated with the disease and on that person’s family members or caregivers; and

      Whereas, The economic and social costs associated with the treatment of arthritis and its complications in the United States are estimated at approximately $125 billion per year; and

      Whereas, As the population of this state continues to increase rapidly there is a need to deliver effective programs in the State of Nevada for the prevention and reduction of pain or disability associated with arthritis; and

      Whereas, Currently a large quantity of public information and a number of national programs concerning arthritis exist, but such information and programs are inadequately delivered to the public and are insufficient in addressing the needs of certain diverse and underserved populations; and

      Whereas, The Arthritis Foundation, the Centers for Disease Control and Prevention and the Association of State and Territorial Health Officials have led the development of a public health strategy, known as the National Arthritis Action Plan, to respond to concerns relating to persons suffering from arthritis; and

      Whereas, Educating the public, the health care workforce and the communities throughout Nevada about the effects of arthritis is of great importance to the Legislature and the State of Nevada, and it would be in the public interest of all residents of this state to develop and implement programs to promote public awareness of matters relating to arthritis; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  Within the limitations of available funding, the Health Division shall establish the Arthritis Prevention and Control Program to increase public knowledge and raise public awareness relating to arthritis and to educate persons with arthritis, their families, health care professionals, providers of health care and the public on matters relating to arthritis, including, without limitation:

      (a) The causes and nature of arthritis;

      (b) The factors that increase the risk of a person developing arthritis and the importance of early diagnosis of arthritis;

      (c) The appropriate treatment of arthritis;

      (d) Effective strategies to prevent or delay the development of arthritis;

      (e) The prevention and management of pain caused by arthritis; and

      (f) Effective interventions to reduce disability and improve the quality of life of persons with arthritis.


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ê2003 Statutes of Nevada, Page 1344 (Chapter 254, SB 287)ê

 

      2.  The Arthritis Prevention and Control Program must be established in accordance with the objectives set forth in the National Arthritis Action Plan established by the Arthritis Foundation, the Centers for Disease Control and Prevention, and the Association of State and Territorial Health Officials.

      Sec. 3.  1.  Within the limitations of available funding, the Health Division shall establish the Advisory Committee on the Arthritis Prevention and Control Program established pursuant to section 2 of this act to make recommendations to the Health Division concerning the Arthritis Prevention and Control Program.

      2.  The Administrator shall:

      (a) Solicit recommendations for the appointment of members to the Advisory Committee on the Arthritis Prevention and Control Program from organizations that are representative of a broad range of persons with arthritis and organizations interested in the issues affecting persons with arthritis; and

      (b) Appoint to the Advisory Committee such members as he deems appropriate, including, without limitation, one or more persons who are representative of:

             (1) Persons with arthritis;

             (2) Public health care professionals and educators;

             (3) Medical experts on arthritis;

             (4) Providers of health care who provide services related to arthritis;

             (5) Persons knowledgeable in promoting and educating the public on health issues; and

             (6) National arthritis and other public health organizations and their local or state chapters.

      3.  After the initial term, the term of each member is 2 years. A member may be reappointed.

      4.  Members of the Advisory Committee serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Committee and within the limitations of available funding, to the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.

      6.  The Advisory Committee shall:

      (a) At its first meeting and annually thereafter, elect a Chair from among its members; and

      (b) Meet at the call of the Administrator, the Chair or a majority of its members quarterly or as is necessary, within the budget of the Advisory Committee, to provide the Administrator with appropriate assistance to carry out the Arthritis Prevention and Control Program.

      Sec. 4.  To carry out the purposes of the Arthritis Prevention and Control Program established pursuant to section 2 of this act, the Health Division shall, within the limitations of available funding:

      1.  Establish a solid scientific database of the most current information on the prevention of arthritis and related disabilities using information obtained through surveillance, epidemiology and research relating to the prevention of arthritis, and use the database in carrying out the Program;


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relating to the prevention of arthritis, and use the database in carrying out the Program;

      2.  Provide educational materials and information on research concerning matters relating to arthritis to persons with arthritis, their families, health care professionals, providers of health care and the public, including, without limitation, materials and information concerning programs and services available to the public and strategies for the prevention and control of arthritis;

      3.  Identify and use educational and training resources and services developed by organizations with appropriate expertise in and knowledge of arthritis, including, without limitation, any available technical assistance;

      4.  Increase awareness about the prevention, detection and treatment of arthritis among state and local governmental officials who are responsible for matters relating to public health, health care professionals, providers of health care and policymakers;

      5.  Coordinate state and local programs and services to reduce the public health burdens that result from arthritis;

      6.  Work to improve the quality of life of persons with arthritis and their families while containing the costs of health care services by providing lasting improvements in the delivery of health care services to persons with arthritis;

      7.  Work with other governmental agencies, national health organizations and their local and state chapters, community and business leaders, community organizations and providers of health care and other persons who provide services to persons with arthritis to:

      (a) Coordinate the work of the Program with the work of these agencies, organizations and persons; and

      (b) Maximize the resources of state and local governments in the efforts toward educating the public about arthritis, including, without limitation, preventing, detecting, managing the pain caused by, and treating arthritis;

      8.  Provide sufficient staff from the Health Division and provide the appropriate training and education for the staff to administer the Program;

      9.  Evaluate the need to improve the quality and accessibility of arthritis services that exist in communities in this state; and

      10.  Conduct an assessment of the services provided for persons with arthritis in this state and the public awareness in this state of issues concerning arthritis, including, without limitation:

      (a) Any epidemiological and other research concerning arthritis being conducted in this state;

      (b) Any available technical assistance and educational materials and programs concerning arthritis that are available nationwide or within this state;

      (c) The level of public awareness and awareness of health care professionals and providers of health care concerning the prevention, detection and treatment of arthritis;

      (d) The needs of persons with arthritis and their families or caregivers;

      (e) The educational and other needs of providers of health care who provide services to persons with arthritis;

      (f) The services and education available to persons with arthritis, including, without limitation, services for the treatment and management of arthritis;


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      (g) Any program or services that improve the quality of life, lower health care costs and expand the physical capabilities of those affected by arthritis; and

      (h) The existence of services for the rehabilitation of persons with arthritis.

      Sec. 5.  1.  The Health Division may:

      (a) Within the limitations of available funding, enter into contracts for any services necessary to carry out or assist the Health Division in carrying out sections 2 to 5, inclusive, of this act, with public or private entities that have the appropriate expertise to provide such services;

      (b) Apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of sections 2 to 5, inclusive, of this act; and

      (c) Apply for any waiver from the Federal Government that may be necessary to maximize the amount of money this state may obtain from the Federal Government to carry out the provisions of sections 2 to 5, inclusive, of this act.

      2.  Any money that is appropriated to carry out the provisions of sections 2 to 5, inclusive, of this act:

      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and

      (b) May only be used to carry out those provisions.

      3.  The Administrator shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

      Sec. 6.  As soon as practicable after the Health Division of the Department of Human Resources establishes the Advisory Committee on the Arthritis Prevention and Control Program pursuant to section 3 of this act, the Administrator of the Health Division shall appoint to the Advisory Committee:

      1.  To the extent feasible, half of its members to serve initial terms of 2 years; and

      2.  The remainder of its members to serve initial terms of 4 years.

      Sec. 7.  This act becomes effective on July 1, 2003.

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