[Rev. 2/8/2019 9:29:34 AM]
κ2005 Statutes of Nevada, Page 1951 (CHAPTER 434, AB 576)κ
4. Any money which is temporarily advanced from the State General Fund to the budget account for forest fire suppression/emergency response pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.
Sec. 63. 1. If the Governor orders the Nevada National Guard into active duty as described in NRS 412.122 for an emergency as described in NRS 353.263 and the Adjutant General of the Nevada National Guard determines expenditures will be required, the Adjutant General may request from the Director of the Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.
2. The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his warrant upon receipt of the approval by the Director of the Department of Administration.
3. An advance from the State General Fund:
(a) Must be approved by the Director of the Department of Administration for expenses incurred as a result of activation of the Nevada National Guard.
(b) Is limited to $25,000 per activation as described in subsection 1.
4. Any money which is temporarily advanced from the State General Fund to an account pursuant to subsection 3 must be repaid as soon as possible, and must come from the emergency account established under NRS 353.263.
Sec. 64. 1. If projections of the ending balance of the State General Fund fall below the amount estimated by the 2005 Legislature for Fiscal Year 2005-2006 or 2006-2007, the Director of the Department of Administration shall report this information to the State Board of Examiners.
2. If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $70,000,000 for Fiscal Year 2005-2006 or 2006-2007, the Governor, pursuant to NRS 353.225, may direct the Director of the Department of Administration to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.
3. A reserve must not be set aside pursuant to this section unless:
(a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature, or, if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and
(b) The Legislature or Interim Finance Committee approves the setting aside of the reserve.
Sec. 65. If the State of Nevada is required to make payment to the United States Treasury under the provisions of Public Law 101-453, the Cash Management Improvement Act of 1990, the State Controller, upon approval of the State Board of Examiners, may make such payments from the interest earnings of the State General Fund or interest earnings in other funds when interest on federal money has been deposited in those funds.
κ2005 Statutes of Nevada, Page 1952 (CHAPTER 434, AB 576)κ
Sec. 66. 1. Of the sums appropriated to the State Arts Council by section 19 of this act, the following amounts must be used to support the Challenge Grant Program:
For the Fiscal Year 2005-2006..................................................... $123,046
For the Fiscal Year 2006-2007..................................................... $123,046
2. Any amounts provided to support the Challenge Grant Program as provided by this section which are not committed for expenditure by June 30 of each fiscal year may be carried forward for a maximum of 2 fiscal years after which time any unexpended amounts revert to the State General Fund. If a challenge grant project is completed in less than 3 fiscal years, any unexpended money must not be reallocated and reverts to the State General Fund at the close of the fiscal year.
3. All money appropriated by section 19 of this act other than the sums designated in subsection 1 to support the Challenge Grant Program is subject to the provisions of section 54 of this act.
Sec. 67. 1. This section and sections 37, 38 and 58 of this act become effective upon passage and approval.
2. Sections 1 to 36, 39 to 57 and 59 to 66 inclusive, of this act become effective on July 1, 2005.
________
Assembly Bill No. 577Committee on Ways and Means
CHAPTER 435
AN ACT relating to state employees; establishing the maximum allowed salaries for certain employees in the classified and unclassified service of the State; making appropriations from the State General Fund and State Highway Fund for increases in the salaries of certain employees of the State; and providing other matters properly relating thereto.
[Approved: June 15, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following state officers, employees, and medical and related positions in the unclassified service of the State of Nevada are entitled to receive approximate annual salaries of not more than the maximum amounts set forth following their specified titles or positions:
Approximate
Annual
Title or Position Salary
1. Governors Office of Consumer Health Assistance:
Chief Ombudsman for Consumer Health Assistance........ $87,000
Ombudsman for Consumer Health Assistance (each)....... 69,376
2. State Energy Office:
Deputy Director, Energy Office............................................... $60,000
3. Office of the Lieutenant Governor:
Chief of Staff............................................................................. $63,000
κ2005 Statutes of Nevada, Page 1953 (CHAPTER 435, AB 577)κ
Assistant to the Lieutenant Governor (each)........................ $60,000
Executive Assistant................................................................... 50,000
Administrative Secretary (each)............................................. 40,500
4. Office of the Secretary of State:
Chief Deputy.............................................................................. $104,000
Deputy Secretary of State, Commercial Recordings.......... 87,000
Deputy Secretary of State, Southern Nevada...................... 87,000
Deputy Secretary of State, Elections..................................... 95,500
Deputy Secretary of State, Operations.................................. 87,000
Executive Assistant................................................................... 50,000
5. Office of the State Treasurer:
Chief Deputy State Treasurer.................................................. $104,000
Senior Deputy State Treasurer (each).................................... 95,500
Chief of Staff............................................................................. 104,000
Deputy State Treasurer, Debt Service.................................... 87,000
Deputy State Treasurer, Investments.................................... 87,000
Deputy State Treasurer, Cash Management........................ 87,000
Executive Director, Millennium Scholarship........................ 87,000
Executive Assistant................................................................... 50,000
Deputy State Treasurer, Unclaimed Property....................... 87,000
6. Office of Controller:
Chief Deputy Controller........................................................... $95,500
Assistant Controller................................................................... 72,500
Executive Assistant................................................................... 50,000
7. Office of the Attorney General:
(a) Attorney Generals Office:
Assistant Attorney General...................................................... $125,000
Attorney General Counsel for Prosecuting Attorneys, Executive Director 90,874
Ombudsman for Victims of Domestic Violence.................. 52,994
Chief Deputy Attorney General (each).................................. 105,000
Senior Deputy Attorney General (each)................................ 95,000
Deputy Attorney General (each)............................................. 85,000
Consumer Counsel ................................................................... 95,000
Public Information Officer...................................................... 63,000
Chief Investigator...................................................................... 71,100
Senior Investigator (each)........................................................ 61,787
Investigator (each).................................................................... 58,608
Executive Assistant .................................................................. 50,000
Chief Financial Officer............................................................. 75,500
Legal Researcher (each)........................................................... 40,969
Supervising Legal Researcher.................................................. 48,759
Executive Director, Technological Crimes............................ 46,147
Secretary to the Director, Technological Crimes.................. 35,706
Supervising Insurance Fraud Investigator............................ 61,787
Insurance Investigator (each)................................................. 58,608
Chief Workers Compensation Fraud Investigator............. 68,096
Deputy Chief Workers Compensation Fraud Investigator 64,775
Senior Workers Compensation Fraud Investigator (each)...................... 61,787
Senior Economist....................................................................... 90,874
κ2005 Statutes of Nevada, Page 1954 (CHAPTER 435, AB 577)κ
(b) Bureau of Consumer Protection:
Senior Investigator (each)........................................................ $61,787
Senior Engineer.......................................................................... 81,152
Senior Legal Researcher........................................................... 48,282
Legal Researcher....................................................................... 40,969
Senior Regulatory Analyst....................................................... 75,835
Investigator (each).................................................................... 58,608
Administrative Assistant.......................................................... 41,984
Chief Deputy Attorney General (each).................................. 105,000
Regulatory Manager................................................................. 81,223
Program Specialist..................................................................... 50,363
Technical Staff Manager......................................................... 81,223
Deputy Attorney General (each)............................................. 85,000
Engineer....................................................................................... 73,172
Senior Deputy Attorney General (each)................................ 95,000
(c) Private Investigators Licensing Board:
Executive Director..................................................................... 56,831
Investigator (each).................................................................... 58,608
8. Department of Administration:
Director........................................................................................ $113,500
Deputy Director.......................................................................... 104,000
Information Systems Specialist.............................................. 52,626
Division Administrator, Internal Audits................................. 95,500
Manager, Internal Controls..................................................... 81,223
Chief Assistant Budget Administrator................................... 75,500
Senior Appeals Officer.............................................................. 105,000
Appeals Officer, Hearings (each)............................................ 95,000
Hearing Officer (each).............................................................. 63,000
Chief Assistant, Planning......................................................... 72,485
Division Administrator, State Motor Pool............................. 72,500
Division Administrator, Administrative Services................. 87,000
Division Administrator, Risk Management.......................... 78,000
Division Administrator, Purchasing........................................ 87,000
Division Administrator, Information Technology............... 87,000
Division Administrator, Buildings and Grounds................... 78,000
Manager, State Public Works Board...................................... 110,000
Deputy Manager, Professional Services, State Public Works Board 95,500
Deputy Manager, Administrative and Fiscal Services, State Public Works Board 87,000
9. Department of Business and Industry:
Director........................................................................................ $113,500
Deputy Director, Administration............................................. 72,500
Deputy Director, Programs....................................................... 95,500
Executive Assistant................................................................... 50,000
Division Administrator, Financial Institutions...................... 87,000
Deputy Division Administrator, Financial Institutions....... 72,500
Ombudsman, Real Estate........................................................ 63,000
Certified Public Accountant, Financial Institutions............ 60,166
Certified Public Accountant, Mortgage Lending................. 60,166
Division Administrator, Manufactured Housing................. 78,000
Division Administrator, Real Estate....................................... 87,000
κ2005 Statutes of Nevada, Page 1955 (CHAPTER 435, AB 577)κ
Deputy Division Administrator, Real Estate......................... $72,500
Division Administrator, Consumer Affairs........................... 87,000
Division Administrator, Housing............................................. 87,000
Deputy Division Administrator, Housing.............................. 72,500
Chief Assistant, Housing.......................................................... 60,000
Chief Financial Officer, Housing............................................ 72,367
Division Administrator, Insurance.......................................... 104,000
Deputy Division Administrator, Insurance (each)............... 87,000
Lead Actuary, Insurance (each)............................................. 112,043
Insurance Counsel/Hearing Officer (each)........................... 87,000
Division Administrator, Taxicab Authority.......................... 87,000
Division Administrator, Transportation Services Authority 101,528
Chief Transportation Inspector.............................................. 68,796
Commissioner, Transportation Services Authority (each). 95,199
Financial Analyst....................................................................... 72,585
Manager, Transportation......................................................... 76,574
Deputy Division Administrator, Transportation Services Authority 78,643
Attorney, Transportation Services Authority....................... 85,000
Division Administrator, Mortgage Lending........................... 87,000
Deputy Division Administrator, Mortgage Lending............ 72,500
Division Administrator, Industrial Relations........................ 95,500
Deputy Division Administrator, Industrial Relations (each) 78,000
Attorney, Industrial Relations (each)..................................... 85,000
Senior Attorney, Industrial Relations..................................... 95,000
Deputy Division Administrator, Safety Consultation......... 72,500
Deputy Division Administrator, Mine Safety....................... 72,500
Division Administrator, Attorney for Injured Workers....... 105,000
Deputy Attorney for Injured Workers (each)....................... 85,000
Senior Deputy Attorney for Injured Workers (each)........... 95,000
Division Administrator, Employee-Management Relations Board 78,000
Executive Assistant, Employee-Management Relations Board 50,000
Division Administrator, Dairy Commission.......................... 78,000
Division Administrator, Labor Commission......................... 87,000
Deputy Division Administrator, Labor Commission........... 72,500
Chief Assistant, Labor Commission...................................... 46,658
Division Administrator, Athletic Commission...................... 87,000
10. State Department of Agriculture:
Director, Agriculture.................................................................. $95,500
Agriculture, Deputy Director.................................................... 78,000
Division Administrator, Livestock Inspection...................... 72,500
Division Administrator, Veterinary Medical Services ........ 97,468
Senior Veterinary Diagnostician (each)................................. 82,961
Supervisor, Animal Disease Laboratory................................ 86,212
Veterinarian................................................................................ 62,932
Veterinary Diagnostician.......................................................... 79,875
Division Administrator, Measurement Standards............... 72,500
κ2005 Statutes of Nevada, Page 1956 (CHAPTER 435, AB 577)κ
Division Administrator, Plant Industry.................................. $72,500
11. Commission on Mineral Resources:
Administrator, Minerals............................................................ $93,271
Deputy Administrator, Minerals............................................. 74,616
Chief for Dangerous Mines...................................................... 60,527
Chief for Mine Regulation....................................................... 67,109
Field Specialist, Minerals (each).............................................. 51,738
Program Manager, Oil, Gas and Geothermal....................... 85,881
12. State Department of Conservation and Natural Resources:
Director........................................................................................ $113,500
Deputy Director.......................................................................... 87,000
Executive Assistant................................................................... 50,000
Division Administrator, Environmental Protection............. 110,000
Division Administrator, Water Resources............................. 110,000
Division Administrator, Forestry............................................. 95,500
Division Administrator, State Parks....................................... 95,500
Division Administrator, State Lands...................................... 87,000
District Supervisor, Water Commissioner, Water Resources 63,000
Division Administrator, Wild Horse Commission................ 63,000
Division Administrator, Natural Heritage.............................. 72,500
13. Department of Wildlife:
Director........................................................................................ $104,000
Deputy Director.......................................................................... 95,500
Chief Game Warden................................................................. 87,000
Division Administrator, Conservation Education................ 78,000
Division Administrator, Fisheries............................................ 78,000
Division Administrator, Game Management....................... 78,000
Division Administrator, Habitat.............................................. 78,000
Division Administrator, Wildlife Administration.................. 78,000
Division Administrator, Wildlife Diversity............................. 78,000
14. Commission on Economic Development:
Executive Director..................................................................... $104,000
Deputy Director.......................................................................... 87,000
Senior Associate, Industrial Development (each)................ 72,500
Associate, Industrial Development (each)............................ 57,209
Grants Project Analyst (each)................................................. 49,670
Director, Film.............................................................................. 78,000
Senior Associate, Film............................................................... 72,500
Associate, Film (each)............................................................... 57,209
Program Specialist..................................................................... 50,363
15. Department of Education:
Superintendent of Public Instruction..................................... $110,000
Deputy Superintendent of Instruction, Research and Evaluative Services 95,500
Deputy Superintendent for Administrative and Fiscal Services 87,000
Executive Assistant................................................................... 50,000
16. Department of Employment, Training and Rehabilitation:
Director, Employment, Training and Rehabilitation........... $113,500
κ2005 Statutes of Nevada, Page 1957 (CHAPTER 435, AB 577)κ
Chief, Office of Disability Employment Policy................... $63,000
Division Administrator, Rehabilitation.................................. 95,500
Chief Auditor.............................................................................. 80,000
Deputy Director.......................................................................... 104,000
Executive Assistant................................................................... 50,000
Division Administrator, Employment Security.................... 104,000
Division Administrator, Equal Rights Commission............. 78,000
Division Administrator, Information Development and Processing 95,500
Hearing Officer (each).............................................................. 63,000
17. State Gaming Control Board:
Chairman, Gaming Control Board......................................... $126,842
Member, Gaming Control Board (each)............................... 117,941
Executive Assistant................................................................... 50,000
Chief, Investigation................................................................... 90,538
Chief, Enforcement................................................................... 90,538
Chief, Audit................................................................................ 90,538
Chief, Corporate Securities...................................................... 90,538
Chief, Tax and License............................................................ 90,538
Chief, Administration............................................................... 90,538
Chief Deputy, Administration ................................................ 82,308
Executive Secretary, Gaming Control Board....................... 82,308
Manager, Electronics Lab........................................................ 88,418
Chief, Electronics....................................................................... 96,711
Senior Lab Engineer (each)...................................................... 84,206
Electronic Lab Engineer (each)............................................... 80,196
Coordinator, Applicant Services............................................. 80,064
Chief Deputy, Enforcement (each)........................................ 82,308
Information Service Manager................................................. 84,206
Senior Network Specialist......................................................... 72,234
Network Specialist II................................................................. 66,566
Network Specialist I (each)...................................................... 60,284
Data Management Analyst..................................................... 71,236
System Manager........................................................................ 79,257
Programming Manager............................................................. 79,257
Programming Supervisor.......................................................... 74,655
Chief Deputy, Audit (each)...................................................... 82,308
Chief Deputy, Investigations (each)...................................... 82,308
Chief Deputy, Corporate Securities........................................ 82,308
Chief Deputy, Tax and License.............................................. 82,308
Hearings Officer......................................................................... 75,510
Administrative Coordinator..................................................... 71,236
Personnel Officer....................................................................... 71,236
Financial Officer........................................................................ 71,236
Supervisor, Investigations (each)............................................ 74,825
Supervisor, Enforcement (each)............................................. 74,825
Supervisor, Corporate Securities (each)................................. 74,825
Supervisor, Audit (each)........................................................... 74,825
Supervisor, Tax and License (each)....................................... 74,825
Supervisor................................................................................... 74,825
Management Analyst............................................................... 71,236
District Office Manager............................................................ 80,064
κ2005 Statutes of Nevada, Page 1958 (CHAPTER 435, AB 577)κ
Senior Agent, Corporate Securities (each)............................. $64,785
Senior Agent, Investigations (each)........................................ 64,785
Training Officer.......................................................................... 71,236
Senior Agent, Audit (each)....................................................... 64,785
Senior Agent, Tax and License (each)................................... 64,785
Senior Research Specialist (each)........................................... 79,257
Senior Agent, Enforcement (each)......................................... 64,785
Agent, Corporate Securities (each)......................................... 58,896
Agent, Audit (each)................................................................... 58,896
Agent, Investigations (each).................................................... 58,896
Agent, Enforcement (each)...................................................... 58,896
Agent, Tax and License (each)............................................... 58,896
Electronics Technician (each)................................................. 52,483
Senior Program Analyst (each)............................................... 67,111
Programmer Analyst................................................................. 63,398
Computer Systems Technician............................................... 44,326
Special Agent (each)................................................................. 68,024
18. Department of Human Resources:
Director........................................................................................ $113,500
Deputy Director, Programs....................................................... 95,500
Deputy Director, Fiscal Services.............................................. 95,500
Deputy Director, Administrative Services............................. 87,000
Executive Assistant (each)....................................................... 50,000
Division Administrator, Health Care Financing and Policy 104,000
Deputy Division Administrator, Health Care Financing and Policy 95,500
Division Administrator, Health............................................... 104,000
State Health Officer.................................................................. 143,492
Chief Biostatistician.................................................................. 87,000
State Epidemiologist................................................................. 87,000
Medical Program Coordinator, Mental Health Program (each) 168,490
Medical Program Coordinator, Statewide Mental Health Services 181,002
Division Administrator, Mental Health and Developmental Services 110,000
Deputy Division Administrator, Mental Health and Developmental Services 95,500
Division Administrator, Welfare and Supportive Services. 104,000
Division Administrator, Child and Family Services............. 104,000
Deputy Division Administrator, Child and Family Services (each) 95,500
Deputy Division Administrator, Administrative Services, Child and Family Services 87,000
Division Administrator, Aging Services ................................. 95,500
Deputy Division Administrator, Aging Services (each)....... 87,000
Statewide Suicide Prevention Coordinator........................... 63,000
Statewide Suicide Prevention Trainer/Networking Facilitator 60,000
Chief, Elder Rights..................................................................... 72,500
κ2005 Statutes of Nevada, Page 1959 (CHAPTER 435, AB 577)κ
Superintendent, Nevada Youth Training Center................. $87,000
Superintendent, Caliente Youth Center................................. 87,000
Superintendent, Summit View Youth Correctional Center 87,000
Executive Director, Nevada Indian Commission................ 63,000
19. Department of Information Technology:
Director........................................................................................ $110,000
Deputy Director.......................................................................... 95,500
Chief, Administration............................................................... 95,500
20. Office of the Military:
Adjutant General....................................................................... $104,000
Executive Assistant................................................................... 50,000
21. Department of Motor Vehicles:
Director........................................................................................ $113,500
Deputy Director, Motor Vehicles............................................ 110,000
Executive Assistant................................................................... 50,000
Division Administrator, DMV Motor Carrier........................ 87,000
Division Administrator, DMV Management Services......... 87,000
Division Administrator, DMV Information Technology.... 87,000
Division Administrator, DMV Field Services........................ 95,500
Division Administrator, DMV Compliance Enforcement.. 95,500
Division Administrator, DMV Central Services.................... 87,000
Division Administrator, DMV Administrative Services...... 87,000
Chief Administrative Law Judge, DMV (licensed attorney) 105,000
Chief Administrative Law Judge, DMV (other than licensed attorney) 95,000
DMV Administrative Law Judge (licensed attorney) (each) 95,000
DMV Administrative Law Judge (other than licensed attorney) (each) 85,000
22. Department of Public Safety:
Director........................................................................................ $113,500
Deputy Director, Public Safety................................................ 110,000
Executive Assistant................................................................... 50,000
Division Administrator, Parole and Probation...................... 110,000
Chairman, State Board of Parole Commissioners.............. 95,500
Parole Board Member (each).................................................. 78,000
Executive Assistant, Parole Board......................................... 50,000
Division Administrator, Emergency Management.............. 78,000
Division Administrator, State Fire Marshal........................... 87,000
Division Administrator, Administrative Services................. 87,000
Division Administrator, Capitol Police .................................. 87,000
Division Administrator, Homeland Security......................... 104,000
Division Administrator, Investigations.................................. 104,000
Division Administrator, Highway Safety Planning and Administration 72,500
Division Administrator, Training............................................. 95,500
Chief, Nevada Highway Patrol............................................... 110,000
23. Department of Cultural Affairs:
Director........................................................................................ $104,000
κ2005 Statutes of Nevada, Page 1960 (CHAPTER 435, AB 577)κ
Executive Assistant................................................................... $50,000
Division Administrator, Museums and History.................... 87,000
Division Administrator, Historic Preservation...................... 87,000
Division Administrator, State Arts Council........................... 87,000
Division Administrator, State Library and Archives........... 87,000
24. Department of Personnel:
Director........................................................................................ $95,500
Executive Assistant................................................................... 50,000
Equal Employment Opportunity Officer.............................. 63,000
Division Administrator, Personnel (each).............................. 78,000
25. Department of Corrections:
Director........................................................................................ $113,500
Executive Assistant................................................................... 50,000
Medical Director........................................................................ 170,070
Deputy Director, Correctional Programs............................... 104,000
Deputy Director, Industrial Programs.................................... 104,000
Deputy Director, Operations.................................................... 104,000
Deputy Director, Support Services.......................................... 104,000
Division Administrator, EEO and Training........................... 78,000
Division Administrator, Personnel Services........................... 78,000
26. Office of the State Public Defender:
State Public Defender............................................................... $105,000
Supervising Public Defender (office)...................................... 95,000
Supervising Public Defender (trial)......................................... 95,000
Supervising Public Defender (appeals).................................. 95,000
Deputy Public Defender (each)............................................... 85,000
Deputy Public Defender, Appellate (each)............................ 85,000
Investigator (each).................................................................... 58,608
27. Public Utilities Commission of Nevada:
Chairman.................................................................................... $110,000
Public Utilities Commissioner (each)...................................... 104,000
Executive Assistant (each)....................................................... 50,000
Financial Analyst (each).......................................................... 72,585
Chief Attorney (each)............................................................... 105,000
Senior Attorney (each).............................................................. 95,000
Supervisor, Consumer Complaint Resolution...................... 72,500
Manager, Safety and Quality Assurance.............................. 87,000
Manager, Systems Operation.................................................. 78,000
Public Education and Statistical Analysis Officer (each)... 60,000
Administrative Attorney (each).............................................. 63,000
Manager, Resource and Market Analysis............................. 87,000
Engineer, Water.......................................................................... 72,585
Engineer, Electric (each)........................................................... 76,279
Senior Gas Pipeline Engineer................................................... 76,575
Engineer, Gas Pipeline (each).................................................. 72,585
Senior Engineering Analyst ..................................................... 65,044
Manager, Policy Analysis......................................................... 87,000
Director, Regulatory Operations............................................. 104,000
Manager, Consumer Complaint Resolution......................... 87,000
Senior Analyst ........................................................................... 65,044
Rural Consumer Representative............................................. 58,686
κ2005 Statutes of Nevada, Page 1961 (CHAPTER 435, AB 577)κ
Manager, Tariffs and Compliance......................................... $87,000
Commission Secretary.............................................................. 87,000
Assistant Commission Secretary............................................ 78,000
Senior Regulatory Economist.................................................. 77,905
Regulatory Economist (each).................................................. 77,905
Commission Policy Advisory (each)...................................... 80,092
Senior Utility Analyst (each).................................................... 65,044
Resource Planning Engineer.................................................... 72,585
Legal Case Manager................................................................. 50,764
28. Department of Taxation:
Director........................................................................................ $113,500
Deputy Director (each)............................................................. 95,500
Executive Assistant................................................................... 50,000
Administrative Law Judge (licensed attorney)..................... 95,000
Administrative Law Judge (other than licensed attorney). 85,000
Chief Administrative Law Judge (licensed attorney).......... 105,000
Chief Administrative Law Judge (other than licensed attorney) 95,000
29. Commission on Tourism:
Executive Director..................................................................... $104,000
Deputy Director, Operations and Finance............................. 87,000
Executive Assistant................................................................... 50,000
Public Information Officer...................................................... 71,070
Development Specialist II, Tourism (each).......................... 68,959
Development Specialist, Tourism (each)............................... 64,747
Project Analyst II...................................................................... 57,915
Project Analyst........................................................................... 49,670
Development Specialist, Nevada Magazine......................... 57,357
Editor Publisher, Nevada Magazine....................................... 78,348
Associate Editor......................................................................... 43,014
Managing Editor, Publications................................................ 60,225
Market and Promotion Manager, Publications.................... 43,014
Production Manager................................................................. 48,547
Art Director (each)..................................................................... 51,296
Operations and Finance Manager.......................................... 68,925
30. Department of Transportation:
Director........................................................................................ $113,500
Deputy Director (each)............................................................. 111,000
Executive Assistant................................................................... 50,000
Division Administrator, Administrative Services................. 95,500
Division Administrator, Planning and Program Development 95,500
Division Administrator, Transportation Engineering........... 110,000
Division Administrator, Transportation Operations............ 110,000
Hearings Officer......................................................................... 63,000
31. Supreme Court:
Supervisory Staff Attorney (each)......................................... $95,000
Supervisory Staff Attorney, Settlement................................ 95,000
Reporter of Judicial Decisions................................................. 105,000
Legal Counsel, Criminal........................................................... 115,000
Legal Counsel, Civil.................................................................. 115,000
κ2005 Statutes of Nevada, Page 1962 (CHAPTER 435, AB 577)κ
Chief Assistant Clerk................................................................ $105,000
Chief Clerk.................................................................................. 125,000
Chief Deputy Clerk................................................................... 64,499
Court Administrator.................................................................. 110,000
Deputy Court Administrator (each)....................................... 95,000
Staff Attorney (each)................................................................ 85,000
Law Librarian............................................................................. 90,000
Senior Law Clerk (each)........................................................... 55,262
32. Colorado River Commission of Nevada:
Director........................................................................................ $117,148
Deputy Director.......................................................................... 111,384
Special Assistant ....................................................................... 78,201
Division Head, Power................................................................ 106,145
Division Head, Water................................................................ 106,145
Administrative Services Officer.............................................. 106,145
Office Manager.......................................................................... 58,344
Senior Energy Accountant (each)........................................... 79,560
Natural Resource Specialist (each)......................................... 92,290
Environmental Program Manager.......................................... 95,472
Network Administrator (each)................................................. 68,952
Power Supply Manager............................................................ 97,920
Assistant Director Engineering and Operations.................... 106,080
Assistant Director Energy Information Systems.................. 95,472
Power Facilities Manager......................................................... 95,472
Power Facilities Communication Technician....................... 74,256
Senior Power Facilities Electrician (each).............................. 74,256
Senior Power Facilities Engineer.............................................. 91,800
Power Facilities Engineer ......................................................... 84,864
Power Facilities Electrician....................................................... 68,952
Hydropower Program Manager.............................................. 100,776
Assistant Hydropower Program Manager............................. 90,168
Natural Resource Technician (each)...................................... 66,300
Manager, Power Planner.......................................................... 95,000
Power Supply Planner............................................................... 95,500
Assistant Power Supply Planner.............................................. 82,810
Manager, Power Accounting................................................... 95,000
Energy Accountant................................................................... 70,000
Energy Supply Manager (each).............................................. 70,000
Manager, Regulatory Affairs.................................................. 95,000
33. WICHE:
Director........................................................................................ $72,500
34. Commission on Judicial Discipline:
General Counsel......................................................................... $125,000
35. Ethics Commission:
Executive Director..................................................................... $87,000
Counsel, Ethics Commission................................................... 85,000
Executive Assistant................................................................... 50,000
Investigator................................................................................. 58,608
36. Public Employees Benefits Program:
Executive Officer....................................................................... $110,000
Executive Assistant................................................................... 50,000
Quality Control Officer............................................................. 82,500
κ2005 Statutes of Nevada, Page 1963 (CHAPTER 435, AB 577)κ
Operations Officer..................................................................... $93,500
Accounting Officer.................................................................... 82,500
Information Technology Systems Officer............................ 82,500
Financial Analyst....................................................................... 71,500
37. Veterans Services:
Director, Veterans Services..................................................... $78,000
Administrator, Veterans Home.............................................. 95,500
Deputy Director, Veterans Services ...................................... 63,000
38. Peace Officers Standards and Training Commission:
Director........................................................................................ $87,000
Deputy Director.......................................................................... 78,000
Executive Assistant................................................................... 50,000
39. Medical and Related Positions:
Senior Physician (Range C) (each)......................................... $138,296
Senior Psychiatrist (Range C) (each)...................................... 157,205
Senior Institutional Dentist (Range A) (each)....................... 109,050
Senior Institutional Dentist (Range B) (each)....................... 123,039
Pharmacist 3 (each).................................................................. 107,057
Pharmacist 2 (each).................................................................. 97,324
Pharmacist 1(each)................................................................... 88,477
A Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology.
Sec. 2. 1. If any unclassified position is omitted from this act for the Fiscal Years 2005-2006 and 2006-2007, the Department of Personnel shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.
2. The Interim Finance Committee may establish the title and salary for any positions affected by reorganization pursuant to legislation enacted by the 73rd Session of the Nevada Legislature.
3. If the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau jointly determine that the title or maximum salary for a position set forth in section 1 of this act contain a typographical or other error, the Interim Finance Committee may, upon recommendation of the Governor, review the duties and responsibilities of the position and establish the appropriate title and maximum salary for the position pursuant to the intent of the 73rd Session of the Nevada Legislature.
4. An employee occupying a position that is currently in the classified service that is moved into the unclassified service pursuant to this act has the option to remain in the classified service at his current grade, with all rights afforded classified employees, or move into the unclassified service. If the employee chooses to move into the unclassified service, the employee cannot at a later date choose to return to the classified service while occupying this position.
5. Once an employee vacates the position moved into the unclassified service pursuant to this act, the employee who is the replacement in the position will be in the unclassified service.
6. If the salary for a position that is currently in the classified service that is moved into the unclassified service is reduced pursuant to this act, the salary for the employee currently serving in the position will be retained at its current level and the employee will remain eligible for future cost of living adjustments, and, in the case of employees who elect to remain in the classified service, merit salary adjustments.
κ2005 Statutes of Nevada, Page 1964 (CHAPTER 435, AB 577)κ
its current level and the employee will remain eligible for future cost of living adjustments, and, in the case of employees who elect to remain in the classified service, merit salary adjustments. Once the employee serving in the position vacates the position, the unclassified salary is established at the level in section 1 of this act, as adjusted pursuant to section 3 of this act.
7. If the salary for an employee occupying a position in the unclassified service on June 30, 2005, is more than the maximum salary for that position as set forth in section 1 of this act, the salary for that employee must be retained at the level in effect on June 30, 2005. Such an employee is eligible for the cost of living adjustments approved for other positions in the unclassified service based on the salary in effect on June 30, 2005. Once an employee vacates a position for which the previous salary is retained pursuant to this section, the maximum salary for that position must be reduced to the amount set forth in section 1 of this act, as adjusted pursuant to section 3 of this act.
Sec. 3. The approximate maximum salaries as set forth in section 1 of this act shall be increased by 2 percent effective on July 1, 2005, and 4 percent effective on July 1, 2006.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada, including the Judicial Branch of Government, which receives part or all of its funding from the State General Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:
For the Fiscal Year 2005-2006.............................................................. $2,424,662
For the Fiscal Year 2006-2007.............................................................. $4,828,110
2. There is hereby appropriated from the State Highway Fund to the State Board of Examiners for reimbursement to a state agency which receives part or all of its funding from the State Highway Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:
For the Fiscal Year 2005-2006................................................................. $308,552
For the Fiscal Year 2006-2007................................................................. $401,773
3. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse from the appropriate fund to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which, when added to the money otherwise appropriated or available, equals the amount of money required to pay the salaries of the unclassified employees of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 5. 1. The State Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as an electronic laboratory engineer and possess a Bachelor of Science or higher degree in engineering, electronic engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.
κ2005 Statutes of Nevada, Page 1965 (CHAPTER 435, AB 577)κ
2. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $235,000 for the Fiscal Year 2005-2006 and $237,500 for the Fiscal Year 2006-2007 for the additional cost of subsection 1.
Sec. 6. 1. Except as otherwise provided in this act, to effect increases in salaries of approximately 2 percent, effective on July 1, 2005, and 4 percent effective on July 1, 2006, and to provide for the cost of including one additional step in the States compensation schedule, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2005, and ending on June 30, 2006, the sum of $13,361,090, and for the fiscal year beginning on July 1, 2006, and ending on June 30, 2007, the sum of $28,726,753, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 73rd Session of the Legislature and the requirements for salaries of the classified personnel of those departments, commissions and agencies, including the Judicial Branch of Government, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2005.
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 7. 1. To effect increases in salaries of approximately 2 percent effective on July 1, 2005, and 4 percent effective on July 1, 2006, and to provide for the cost of including one additional step in the States compensation schedule, there is hereby appropriated from the State Highway Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2005, and ending on June 30, 2006, the sum of $6,289,964, and for the fiscal year beginning on July 1, 2006, and ending on June 30, 2007, the sum of $13,018,220, for the purpose of meeting any deficiencies which may exist between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority as fixed by the 73rd Session of the Legislature and the requirements for salaries of classified personnel of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2005.
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the Department of Motor Vehicles, the Department of Public Safety and the Transportation Services Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salaries of the classified employees of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority under the adjusted pay plan.
κ2005 Statutes of Nevada, Page 1966 (CHAPTER 435, AB 577)κ
Sec. 8. 1. To effect increases in salaries of approximately 2 percent effective on July 1, 2005, and 4 percent effective on July 1, 2006, and to provide for the cost of including one additional step in the States compensation schedule, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2005, and ending on June 30, 2006, the sum of $3,500,425, and for the fiscal year beginning on July 1, 2006, and ending on June 30, 2007, the sum of $7,448,501, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 73rd Session of the Legislature and the requirements for salaries of the classified personnel of the Nevada System of Higher Education necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2005.
2. There is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2005, and ending on June 30, 2006, the sum of $5,618,016, and for the fiscal year beginning on July 1, 2006, and ending on June 30, 2007, the sum of $17,511,270, for the purpose of increasing the salaries of the professional employees of the Nevada System of Higher Education, except those employees whose salaries have been retained, to become effective on July 1, 2005.
3. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the Nevada System of Higher Education out of the money appropriated by subsections 1 and 2, such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified and professional employees of the Nevada System of Higher Education under the adjusted pay plan.
Sec. 9. Any balance of the money appropriated by sections 4 to 8, inclusive, 11, 13 and 17 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the fund from which it was appropriated on or before September 21, 2007.
Sec. 10. 1. To effect increases in salaries of approximately 2 percent effective on July 1, 2005, and 4 percent effective on July 1, 2006, and to provide for the cost of including one additional step in the States compensation schedule, there is hereby appropriated from the State General Fund to the Legislative Fund for the fiscal year beginning on July 1, 2005, and ending on June 30, 2006, the sum of $824,878, and for the fiscal year beginning on July 1, 2006, and ending on June 30, 2007, the sum of $1,272,214, for the purpose of meeting any deficiencies which may be created between the appropriated money as fixed by the 73rd Session of the Legislature and the requirements for salaries of the employees of the Legislative Counsel Bureau and of interim legislative operations, except those employees whose salaries have been retained, to become effective on July 1, 2005.
2. Any balance of the money appropriated in this section must be carried forward for use in the next legislative session and does not revert to the State General Fund.
Sec. 11. 1. To effect a two-grade pay increase on the classified employee compensation plan for certain law enforcement, correctional officer, nursing, dispatch and youth correctional personnel, the following amounts are hereby appropriated from the State General Fund to the State Board of Examiners for the Fiscal Year 2005-2006 and the Fiscal Year 2006-2007, the sums of $11,982,882 and $12,361,759, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of such personnel.
κ2005 Statutes of Nevada, Page 1967 (CHAPTER 435, AB 577)κ
officer, nursing, dispatch and youth correctional personnel, the following amounts are hereby appropriated from the State General Fund to the State Board of Examiners for the Fiscal Year 2005-2006 and the Fiscal Year 2006-2007, the sums of $11,982,882 and $12,361,759, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of such personnel.
2. To effect a two-grade pay increase on the classified compensation plan for certain law enforcement, correctional officer, nursing, dispatch and youth correctional personnel, the following amounts are hereby appropriated from the State Highway Fund to the State Board of Examiners for the Fiscal Year 2005-2006 and the Fiscal Year 2006-2007, the sums of $2,468,218 and $2,543,089, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of such personnel.
3. The Department of Personnel shall designate those law enforcement, correctional officer, nursing, dispatch and youth correctional personnel classes eligible for the two-grade pay increases pursuant to this section.
Sec. 12. 1. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of money appropriated in section 11 of this act, such sums of money as may be required, which, when added to the money otherwise appropriated or available, equals the amount of money required to pay the salaries of the certain law enforcement, correctional officer, nursing, dispatch and youth correctional personnel as designated by the Department of Personnel.
2. If any amounts appropriated by section 11 of this act are insufficient to implement the two-grade pay increases in the classified employee pay plan for certain law enforcement, correctional officer, nursing, dispatch and youth correctional personnel as determined by the Department of Personnel, a request may be made to the State Board of Examiners to transfer money appropriated by section 6 or 7 of this act. Money appropriated by section 6 of this act must only be transferred and used for general fund positions. Money appropriated by section 7 of this act must only be transferred and used for highway fund positions.
Sec. 13. 1. To effect certain salary changes to unclassified positions within the Offices of the Attorney General, Secretary of State, State Treasurer and the State Controller, there is hereby appropriated from the State General Fund to the State Board of Examiners for the Fiscal Year 2005-2006 and the Fiscal Year 2006-2007, the sums of $110,180 and $110,254, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective offices of the State of Nevada and the requirements for salaries of such personnel.
2. The Department of Administration shall designate those unclassified positions within the Offices of the Attorney General, Secretary of State and the State Controller that are eligible for funding of increased compensation pursuant to this section.
Sec. 14. If the amounts appropriated to the budgets of certain elected officials are exceeded as a result of the passage of Assembly Bill No. 462 of this session, a request may be made to the State Board of Examiners to transfer money appropriated by section 4 or 6 of this act.
κ2005 Statutes of Nevada, Page 1968 (CHAPTER 435, AB 577)κ
this session, a request may be made to the State Board of Examiners to transfer money appropriated by section 4 or 6 of this act. The amounts so transferred must not exceed the additional cost resulting from passage of Assembly Bill No. 462 of this session.
Sec. 15. The State Board of Examiners shall allocate from the amounts appropriated by section 6 of this act to the Tahoe Regional Planning Agency to provide for Nevadas share of a 2-percent salary increase which takes effect on July 1, 2005, and a 4-percent salary increase which takes effect on July 1, 2006, the sum of not more than $34,434 for the Fiscal Year 2005-2006, and the sum of not more than $103,302 for the Fiscal Year 2006-2007. The amounts transferred must not be utilized to increase an employees base salary unless the State of California provides the required 2 for 1 matching funds. Any amounts provided to the Tahoe Regional Planning Agency should California not provide matching funds must be used as a one-time salary bonus.
Sec. 16. 1. Money in subsection 1 of section 4, section 6, section 8, subsection 1 of section 11 and section 17 of this act can be transferred among each section to finance the 2-percent salary increase authorized on July 1, 2005, the 4-percent salary increase authorized on July 1, 2006, and to provide for the cost of including one additional step in the States compensation schedule.
2. Money in subsection 2 of section 4, section 7 and subsection 2 of section 11 of this act can be transferred among each section to finance the 2-percent salary increase authorized on July 1, 2005, the 4-percent salary increase authorized on July 1, 2006, and to provide for the cost of including one additional step in the States compensation schedule.
Sec. 17. There is hereby appropriated from the State General Fund to the State Board of Examiners for the Fiscal Year 2005-2006 and the Fiscal Year 2006-2007, the sums of $985,494 and $1,229,233, respectively, for the purpose of meeting any deficiencies which may be created between the money appropriated to the Office of the Attorney General and the requirements for salaries of such personnel as set forth in section 1 of this act.
Sec. 18. NRS 218.230 is hereby amended to read as follows:
218.230 1. Except as otherwise provided in this section, there must be paid to the employees of the Senate and Assembly, for all services rendered by them under the provisions of this chapter, the following base amounts of money for each days employment:
Assistant Secretary/Assistant Chief Clerk.......................................... $111
Document Clerk........................................................................................ 105
History Clerk.............................................................................................. 105
Journal Clerk.............................................................................................. 105
Media Clerk............................................................................................... 105
Recording Clerk......................................................................................... 105
Sergeant at Arms....................................................................................... 105
Deputy/Senior Sergeant at Arms.............................................................. 90
Assistant Sergeant at Arms........................................................................ 84
Senior Page................................................................................................... 77
Page/Student................................................................................................ 61
Clerical Services Administrator/Supervisor of Clerical Services....... 111
κ2005 Statutes of Nevada, Page 1969 (CHAPTER 435, AB 577)κ
Executive Assistant................................................................................ $103
Executive Secretary.................................................................................... 98
Leadership Receptionist............................................................................. 90
Senior Secretary........................................................................................... 90
Secretary....................................................................................................... 84
Senior Committee Manager.................................................................... 103
Committee Manager.................................................................................. 98
Lead Committee Secretary..................................................................... 103
Secretary for Senate Committee on Finance or Assembly Committee on Ways and Means 101
Senior Committee Secretary..................................................................... 98
Committee Secretary.................................................................................. 90
Senior Proofreader...................................................................................... 98
Proofreader................................................................................................... 90
Committee Minutes Coordinator............................................................. 98
Data Entry Technician............................................................................... 82
Word Processing Clerk................................................................................ 69
Reproduction Services Supervisor............................................................ 90
Bill Services Administrator/Supervisor of Bill Services........................ 82
Assistant Bill Services Administrator/Supervisor of Bill Services....... 75
Bill Services Clerk........................................................................................ 61
2. In addition to the positions listed in subsection 1, the Secretary of the Senate and the Chief Clerk of the Assembly may establish additional positions as necessary and shall establish an appropriate base amount for those additional positions.
3. The base amount paid to an employee of the Legislature listed in subsection 1 or created pursuant to subsection 2:
(a) Must be increased cumulatively by each cost of living increase granted to employees in the classified service of the State that becomes effective on or after July 1, 2001; and
(b) May be increased cumulatively by the Secretary of the Senate or the Chief Clerk of the Assembly, as applicable, by one step of 5 percent for each regular legislative session during which the employee previously worked for the Legislature in the same or a similar position, not to exceed [nine] the number of steps in the States compensation schedule per position, if the Secretary of the Senate or the Chief Clerk of the Assembly determined that the employee performed his duties in a satisfactory manner during the previous session or sessions.
4. During periods of adjournment to a day certain, employees of the Legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in subsection 1 for each day of service, as adjusted pursuant to subsection 3, if applicable.
5. During periods before the commencement of a session and after the adjournment of a session sine die, employees of the Legislature whose service is required shall perform duties as assigned and are entitled to be paid at an hourly rate commensurate with the daily rate specified in subsection 1, as applicable, and are entitled to be compensated for overtime in the same manner as provided for employees of the Legislative Counsel Bureau.
Sec. 19. This act becomes effective on July 1, 2005.
________
κ2005 Statutes of Nevada, Page 1970κ
Senate Bill No. 195Committee on Judiciary
CHAPTER 436
AN ACT relating to courts; increasing the number of district judges in the Eighth Judicial District; increasing the number of district judges in the Eighth Judicial District who must be judges of the family court; making an appropriation; and providing other matters properly relating thereto.
[Approved: June 15, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.018 is hereby amended to read as follows:
3.018 For the Eighth Judicial District there must be [33] 37 district judges, [12] 13 of whom must be judges of the family court.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the District Judges Salary Account the sum of $335,105 for the salaries of the additional district judges required pursuant to section 1 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.
Sec. 3. The additional district judges required for the Eighth Judicial District pursuant to section 1 of this act must be selected at the general election held on November 7, 2006, and take office on January 1, 2007. The terms of these judges expire on January 2, 2009.
Sec. 4. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 5. 1. This section and sections 3 and 4 of this act become effective on October 1, 2005.
2. Sections 1 and 2 of this act become effective on January 1, 2007.
________
Senate Bill No. 404Committee on Human Resources and Education
CHAPTER 437
AN ACT relating to education; creating the Commission on Educational Excellence; prescribing the membership and duties of the Commission; creating the Account for Programs for Innovation and the Prevention of Remediation; authorizing school districts and public schools to apply for grants of money from the Account; revising the provisions governing the statewide system of accountability; making appropriations; and providing other matters properly relating thereto.
[Approved: June 15, 2005]
κ2005 Statutes of Nevada, Page 1971 (CHAPTER 437, SB 404)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, 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. Account means the Account for Programs for Innovation and the Prevention of Remediation created by section 9 of this act.
Sec. 4. Commission means the Commission on Educational Excellence created by section 5 of this act.
Sec. 5. 1. The Commission on Educational Excellence, consisting of nine members is hereby created. The Superintendent of Public Instruction shall serve as an ex officio voting member of the Commission. The Governor shall appoint the following members to the Commission:
(a) Three teachers, two of whom have experience in providing instruction at public elementary schools and who have been successful in school improvement efforts and one of whom has experience in providing instruction at secondary schools and who has been successful in school improvement efforts;
(b) Two principals, one of whom has experience in administering successful school improvement efforts at an elementary school and one of whom has experience in administering successful school improvement efforts at a secondary school;
(c) Two school district administrators, one of whom is employed by a school district in a county whose population is less than 100,000 and one of whom is employed by a school district in a county whose population is 100,000 or more; and
(d) One parent or legal guardian of a pupil enrolled in a public school in this State.
Κ One or more of the members appointed pursuant to subsection 1 may be retired from employment but those retired members that are appointed must have been employed with a public school in this State in the immediately preceding 5 years.
2. The Governor may solicit recommendations for appointments pursuant to this subsection from the Nevada State Education Association, the Nevada Association of School Administrators, a statewide organization for parents of pupils, the Statewide Council for the Coordination of the Regional Training Programs and other organizations and entities related to education in this State. The Governor may consider the recommendations submitted and may make appointments from those recommendations. The Governor shall appoint a Chairman from among the members he appoints.
3. After the initial terms, the term of each appointed member of the Commission is 2 years, commencing on January 1 of the year in which he is appointed and expiring on December 31 of the immediately following year. A member shall continue to serve on the Commission until his successor is appointed. Upon the expiration of a term of a member, he may be reappointed if he still possesses any requisite qualifications for appointment. There is no limit on the number of terms that a member may serve.
κ2005 Statutes of Nevada, Page 1972 (CHAPTER 437, SB 404)κ
4. The Commission shall hold at least four regular meetings each year and may hold special meetings at the call of the Chairman.
5. Members of the Commission serve without compensation, except that for each day or portion of a day during which a member of the Commission attends a meeting of the Commission or is otherwise engaged in the business of the Commission, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowances and travel expenses must be paid from the Account and accounted for separately in that Account. In addition, money in the Account may be used to pay compensation necessary for the employment of substitute teachers who are hired on those days when a member of the Commission attends a meeting of the Commission or is otherwise engaged in the business of the Commission.
6. The Department shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
Κ as is necessary for the Commission to carry out its duties.
7. The Legislative Counsel Bureau:
(a) Must be provided with adequate notice of each meeting of the Commission; and
(b) Shall provide, as requested by the Committee, technical expertise and assistance to the Commission.
Sec. 6. 1. The Commission shall:
(a) Establish a program of educational excellence designed exclusively for pupils enrolled in kindergarten through grade 6 in public schools in this State based upon:
(1) The plan to improve the achievement of pupils prepared by the State Board pursuant to NRS 385.34691;
(2) The plan to improve the achievement of pupils prepared by the board of trustees of each school district pursuant to NRS 385.348;
(3) The plan to improve the achievement of pupils prepared by the principal of each school pursuant to NRS 385.357, which may include a program of innovation; and
(4) Any other information that the Commission considers relevant to the development of the program of educational excellence.
(b) Identify programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.
(c) Develop a concise application and simple procedures for the submission of applications by school districts and public schools, including, without limitation, charter schools, for participation in a program of educational excellence and for grants of money from the Account. Grants of money must be made for programs designed for the achievement of pupils that are linked to the plan to improve the achievement of pupils or for innovative programs, or both. All school districts and public schools, including, without limitation, charter schools, are eligible to submit such an application, regardless of whether the school district or school has made adequate yearly progress or failed to make adequate yearly progress. A school district or public school selected for participation may be approved by the Commission for participation for a period not to exceed 2 years, but may reapply.
κ2005 Statutes of Nevada, Page 1973 (CHAPTER 437, SB 404)κ
(d) Prescribe a long-range timeline for the review, approval and evaluation of applications received from school districts and public schools that desire to participate in the program.
(e) Prescribe accountability measures to be carried out by a school district or public school that participates in the program if that school district or public school does not meet the annual measurable objectives established by the State Board pursuant to NRS 385.361, including, without limitation:
(1) The specific levels of achievement expected of school districts and schools that participate; and
(2) Conditions for school districts and schools that do not meet the grant criteria but desire to continue participation in the program and receive money from the Account, including, without limitation, a review of the leadership at the school and recommendations regarding changes to the appropriate body.
(f) Determine the amount of money that is available from the Account for those school districts and public schools that are selected to participate in the program.
(g) Allocate money to school districts and public schools from the Account. Allocations must be distributed not later than August 15 of each year.
(h) Establish criteria for school districts and public schools that participate in the program and receive an allocation of money from the Account to evaluate the effectiveness of the allocation in improving the achievement of pupils, including, without limitation, a detailed analysis of:
(1) The achievement of pupils enrolled at each school that received money from the allocation based upon measurable criteria identified in the plan to improve the achievement of pupils for the school prepared pursuant to NRS 385.357;
(2) If applicable, the achievement of pupils enrolled in the school district as a whole, based upon measurable criteria identified in the plan to improve the achievement of pupils for the school district prepared pursuant to NRS 385.348;
(3) If applicable, the effectiveness of the program of innovation on the achievement of pupils and the overall effectiveness for pupils and staff;
(4) The implementation of the applicable plans for improvement, including, without limitation, an analysis of whether the school district or the school is meeting the measurable objectives identified in the plan; and
(5) The attainment of measurable progress on the annual list of adequate yearly progress of school districts and schools.
2. To the extent money is available, the Commission shall make allocations of money to school districts and public schools for effective programs for grades 7 through 12 that are designed to improve the achievement of pupils and effective programs of innovation for pupils. In making such allocations, the Commission shall comply with the requirements of subsection 1.
3. If a school district or public school that receives money pursuant to subsection 1 or 2 does not meet the criteria for effectiveness as prescribed in paragraph (h) of subsection 1 over a 2-year period, the Commission may consider not awarding future allocations of money to that school district or public school.
κ2005 Statutes of Nevada, Page 1974 (CHAPTER 437, SB 404)κ
4. On or before July 1 of each year, the Department shall provide a list of priorities of schools based upon the adequate yearly progress status of schools in the immediately preceding year for consideration by the Commission in its development of procedures for the applications.
5. In carrying out the requirements of this section, the Commission shall review and consider the programs of remedial study adopted by the Department pursuant to NRS 385.389, the list of approved providers of supplemental services maintained by the Department pursuant to NRS 385.384 and the recommendations submitted by the Committee pursuant to NRS 218.5354 concerning programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.
Sec. 7. 1. A school district or public school that receives an allocation of money from the Account shall:
(a) Account for the money separately;
(b) Use the money to supplement and not replace the money that would otherwise be expended by the school district or public school for the achievement of pupils in kindergarten through grade 6 or pupils in grades 7 through 12, as applicable; and
(c) Submit an evaluation of the effectiveness of the allocation in improving the achievement of pupils in kindergarten through grade 6 or pupils in grades 7 through 12, as applicable, in accordance with the criteria for evaluation established by the Commission pursuant to section 6 of this act.
2. A school district or public school that receives an allocation of money from the Account shall not:
(a) Use the money to settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district or public school and the school district or public school, as applicable.
(b) Use the money to adjust the schedules of salaries and benefits of the employees of the school district or public school, as applicable.
Sec. 8. 1. The Commission shall prepare an annual report that describes the distribution of money to the school districts and public schools and the programs for which money was allocated from the Account. The report must be submitted on or before September 1 of each year to the entities identified in subsection 3.
2. The Commission shall:
(a) Prepare an annual report that describes:
(1) The activities of the Commission;
(2) An analysis of the progress of the school districts and public schools in carrying out the plans to improve the achievement of pupils; and
(3) An analysis of the progress of the school district and public schools that received an allocation of money from the Account in improving the achievement of pupils.
(b) Submit the report on or before January 31 of each year to the entities identified in subsection 3.
3. The Commission shall submit the reports required by this section to the:
(a) State Board;
(b) Governor;
(c) Committee;
κ2005 Statutes of Nevada, Page 1975 (CHAPTER 437, SB 404)κ
(d) Bureau;
(e) Interim Finance Committee; and
(f) Board of trustees of each school district.
Sec. 9. 1. The Account for Programs for Innovation and the Prevention of Remediation is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 2. The interest and income earned on the money in the Account must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
2. The money in the Account may only be used for the allocation of money to school districts and public schools whose applications are approved by the Commission pursuant to section 6 of this act.
Sec. 10. NRS 385.3455 is hereby amended to read as follows:
385.3455 As used in NRS 385.3455 to 385.391, inclusive, and sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 385.346 to 385.34675, inclusive, have the meanings ascribed to them in those sections.
Sec. 11. NRS 385.34691 is hereby amended to read as follows:
385.34691 1. The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State. The plan:
(a) Must be prepared in consultation with:
(1) Employees of the Department;
(2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;
(3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada Association of School Boards; and
(4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516, appointed by the Council; and
(b) May be prepared in consultation with:
(1) Representatives of institutions of higher education;
(2) Representatives of regional educational laboratories;
(3) Representatives of outside consultant groups;
(4) Representatives of the regional training programs for the professional development of teachers and administrators established pursuant to NRS 391.512;
(5) The Bureau; and
(6) Other persons who the State Board determines are appropriate.
2. A plan to improve the achievement of pupils enrolled in public schools in this State must include:
(a) A review and analysis of the data upon which the report required pursuant to NRS 385.3469 is based and a review and analysis of any data that is more recent than the data upon which the report is based.
κ2005 Statutes of Nevada, Page 1976 (CHAPTER 437, SB 404)κ
(b) The identification of any problems or factors common among the school districts or charter schools in this State, as revealed by the review and analysis.
(c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.
(d) Strategies to improve the academic achievement of pupils enrolled in public schools in this State, including, without limitation, strategies to:
(1) Instruct pupils who are not achieving to their fullest potential;
(2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;
(3) Integrate technology into the instructional and administrative programs of the school districts;
(4) Manage effectively the discipline of pupils; and
(5) Enhance the professional development offered for the teachers and administrators employed at public schools in this State to include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the State Board.
(e) Strategies designed to provide to the pupils enrolled in middle school, junior high school and high school, the teachers and counselors who provide instruction to those pupils, and the parents and guardians of those pupils information concerning:
(1) The requirements for admission to an institution of higher education and the opportunities for financial aid;
(2) The availability of millennium scholarships pursuant to NRS 396.911 to 396.938, inclusive; and
(3) The need for a pupil to make informed decisions about his curriculum in middle school, junior high school and high school in preparation for success after graduation.
(f) An identification, by category, of the employees of the Department who are responsible for ensuring that each provision of the plan is carried out effectively.
(g) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.
(h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.
(i) Strategies to improve the allocation of resources from this State, by program and by school district, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Departments own financial analysis program in complying with this paragraph.
(j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the State Board and the Department to carry out the plan [.] , including, without limitation, a budget for the overall cost of carrying out the plan.
κ2005 Statutes of Nevada, Page 1977 (CHAPTER 437, SB 404)κ
(k) A summary of the effectiveness of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.
3. The State Board shall:
(a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and
(b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in public schools in this State.
4. On or before December 15 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:
(a) Governor;
(b) Committee;
(c) Bureau;
(d) Board of Regents of the University of Nevada;
(e) Council to Establish Academic Standards for Public Schools created by NRS 389.510;
(f) Board of trustees of each school district; and
(g) Governing body of each charter school.
Sec. 12. NRS 385.348 is hereby amended to read as follows:
385.348 1. The board of trustees of each school district shall, in consultation with the employees of the school district, prepare a plan to improve the achievement of pupils enrolled in the school district, excluding pupils who are enrolled in charter schools located in the school district. If the school district is a Title I school district designated as demonstrating need for improvement pursuant to NRS 385.377, the plan must also be prepared in consultation with parents and guardians of pupils enrolled in the school district and other persons who the board of trustees determines are appropriate.
2. Except as otherwise provided in this subsection, the plan must include the items set forth in 20 U.S.C. § 6316(c)(7) and the regulations adopted pursuant thereto. If a school district has not been designated as demonstrating need for improvement pursuant to NRS 385.377, the board of trustees of the school district is not required to include those items set forth in 20 U.S.C. § 6316(c)(7) and the regulations adopted pursuant thereto that directly relate to the status of a school district as needing improvement.
3. In addition to the requirements of subsection 2, a plan to improve the achievement of pupils enrolled in a school district must include:
(a) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based.
(b) The identification of any problems or factors at individual schools that are revealed by the review and analysis.
(c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.
(d) Strategies to improve the academic achievement of pupils enrolled in the school district , including, without limitation, strategies to:
(1) Instruct pupils who are not achieving to their fullest potential;
(2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;
κ2005 Statutes of Nevada, Page 1978 (CHAPTER 437, SB 404)κ
(3) Integrate technology into the instructional and administrative programs of the school district;
(4) Manage effectively the discipline of pupils; and
(5) Enhance the professional development offered for the teachers and administrators employed by the school district to include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the board of trustees of the school district.
(e) An identification, by category, of the employees of the school district who are responsible for ensuring that each provision of the plan is carried out effectively.
(f) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.
(g) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.
(h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.
(i) Strategies to improve the allocation of resources from the school district, by program and by school, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.
(j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the school district to carry out the plan [.] , including, without limitation, a budget of the overall cost for carrying out the plan.
(k) A summary of the effectiveness of appropriations made by the Legislature that are available to the school district or the schools within the school district to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.
4. The board of trustees of each school district shall:
(a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and
(b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school district.
5. On or before December 15 of each year, the board of trustees of each school district shall submit the plan or the revised plan, as applicable, to the:
(a) Superintendent of Public Instruction;
(b) Governor;
(c) State Board;
(d) Department;
(e) Committee; and
(f) Bureau.
Sec. 13. NRS 385.357 is hereby amended to read as follows:
385.357 1. The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.
κ2005 Statutes of Nevada, Page 1979 (CHAPTER 437, SB 404)κ
the school, prepare a plan to improve the achievement of the pupils enrolled in the school.
2. The plan developed pursuant to subsection 1 must include:
(a) A review and analysis of the data pertaining to the school upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based.
(b) The identification of any problems or factors at the school that are revealed by the review and analysis.
(c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as defined in NRS 389.018.
(d) Policies and practices concerning the core academic subjects which have the greatest likelihood of ensuring that each subgroup of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school will make adequate yearly progress and meet the minimum level of proficiency prescribed by the State Board.
(e) Annual measurable objectives, consistent with the annual measurable objectives established by the State Board pursuant to NRS 385.361, for the continuous and substantial progress by each subgroup of pupils identified in paragraph (b) of subsection 1 of that section who are enrolled in the school to ensure that each subgroup will make adequate yearly progress and meet the level of proficiency prescribed by the State Board.
(f) Strategies, consistent with the policy adopted pursuant to NRS 392.457 by the board of trustees of the school district in which the school is located, to promote effective involvement by parents and families of pupils enrolled in the school in the education of their children.
(g) As appropriate, programs of remedial education or tutoring to be offered before and after school, during the summer, or between sessions if the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.
(h) Strategies to improve the academic achievement of pupils enrolled in the school, including, without limitation, strategies to:
(1) Instruct pupils who are not achieving to their fullest potential;
(2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;
(3) Integrate technology into the instructional and administrative programs of the school;
(4) Manage effectively the discipline of pupils; and
(5) Enhance the professional development offered for the teachers and administrators employed at the school to include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the principal and other persons and entities responsible for the development of the plan.
(i) An identification, by category, of the employees of the school who are responsible for ensuring that the plan is carried out effectively.
(j) In consultation with the school district or governing body, as applicable, an identification, by category, of the employees of the school district or governing body, if any, who are responsible for ensuring that the plan is carried out effectively or for overseeing and monitoring whether the plan is carried out effectively.
κ2005 Statutes of Nevada, Page 1980 (CHAPTER 437, SB 404)κ
(k) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.
(l) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.
(m) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.
(n) The resources available to the school to carry out the plan. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school shall use the financial analysis program used by the school district in which the school is located in complying with this paragraph.
(o) A summary of the effectiveness of appropriations made by the Legislature that are available to the school to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.
(p) A budget of the overall cost for carrying out the plan.
3. In addition to the requirements of subsection 2, if a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623, the plan must comply with 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.
4. Except as otherwise provided in subsection 5, the principal of each school shall, in consultation with the employees of the school:
(a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and
(b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.
5. If a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623, the technical assistance partnership or the support team established for the school, as applicable, shall review the plan and make revisions to the most recent plan for improvement of the school pursuant to NRS 385.3692 or 385.3741, as applicable. If the school is a Title I school that has been designated as demonstrating need for improvement, the technical assistance partnership or support team established for the school, as applicable, shall, in making revisions to the plan, work in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity responsible for creating the partnership or support team, outside experts.
6. On or before November 1 of each year, the principal of each school, or the technical assistance partnership or support team established for the school, as applicable, shall submit the plan or the revised plan, as applicable, to:
(a) If the school is a public school of the school district, the superintendent of schools of the school district.
(b) If the school is a charter school, the governing body of the charter school.
κ2005 Statutes of Nevada, Page 1981 (CHAPTER 437, SB 404)κ
7. If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623, the superintendent of schools of the school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto. Not later than 45 days after receipt of the plan, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan, as applicable, if it meets the requirements of 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto and the requirements of this section. The superintendent of schools of the school district or the governing body, as applicable, may condition approval of the plan or the revised plan, as applicable, in the manner set forth in 20 U.S.C. § 6316(b)(3)(B) and the regulations adopted pursuant thereto. The State Board shall prescribe the requirements for the process of peer review, including, without limitation, the qualifications of persons who may serve as peer reviewers.
8. If a school is designated as demonstrating exemplary achievement, high achievement or adequate achievement, or if a school that is not a Title I school is designated as demonstrating need for improvement, not later than 45 days after receipt of the plan or the revised plan, as applicable, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan if it meets the requirements of this section.
9. On or before December 15 of each year, the principal of each school, or the technical assistance partnership or support team established for the school, as applicable, shall submit the final plan or the final revised plan, as applicable, to the:
(a) Superintendent of Public Instruction;
(b) Governor;
(c) State Board;
(d) Department;
(e) Committee;
(f) Bureau; and
(g) Board of trustees of the school district in which the school is located.
10. A plan for the improvement of a school must be carried out expeditiously, but not later than January 1 after approval of the plan pursuant to subsection 7 or 8, as applicable.
Sec. 14. NRS 385.3622 is hereby amended to read as follows:
385.3622 If the Department determines that a public school has failed to make adequate yearly progress pursuant to subsection 3 of NRS 385.3613 [:
1. The] , the Department or its designee shall, to the extent money is available, monitor at the school the administration of the examinations that are required pursuant to NRS 389.550 and ensure that all eligible pupils who are in attendance on the day of the administration of the examinations are given an opportunity to take the examinations until the percentage of pupils who take the examinations is 95 percent or more of all pupils enrolled in the school who are required to take the examinations.
[2. The school is not required to adopt a program of remedial study pursuant to NRS 385.389 and is not eligible to receive money for remedial programs made available by legislative appropriation for the purposes of NRS 385.389.]
κ2005 Statutes of Nevada, Page 1982 (CHAPTER 437, SB 404)κ
Sec. 15. NRS 385.389 is hereby amended to read as follows:
385.389 1. The Department shall adopt programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015, including, without limitation, programs that are designed for pupils who are limited English proficient. The programs adopted for pupils who are limited English proficient must be designed to:
(a) Improve the academic achievement of those pupils; or
(b) Assist those pupils with attaining proficiency in the English language.
Κ In adopting these programs of remedial study, the Department shall consider the recommendations submitted by the Committee pursuant to NRS 218.5354 and programs of remedial study that have proven to be successful in improving the academic achievement of pupils.
2. [Except as otherwise provided in NRS 385.3622, if] If a school fails to make adequate yearly progress or if less than 60 percent of the pupils enrolled in a school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared, the school shall adopt a program of remedial study that has been adopted by the Department pursuant to subsection 1 [.
3. Except as otherwise provided in NRS 385.3622, a] or a program, practice or strategy recommended by the Commission on Educational Excellence pursuant to section 6 of this act, or any combination thereof, as applicable.
3. A school district that includes a school described in subsection 2 shall ensure that each of the pupils enrolled in the school who failed to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015 completes, in accordance with the requirements set forth in subsection 4 of NRS 389.015, remedial study that is determined to be appropriate for the pupil.
Sec. 16. NRS 218.5354 is hereby amended to read as follows:
218.5354 1. The Committee may:
(a) Evaluate, review and comment upon issues related to education within this State, including, but not limited to:
(1) Programs to enhance accountability in education;
(2) Legislative measures regarding education;
(3) The progress made by this State, the school districts and the public schools in this State in satisfying the goals and objectives of the federal No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., and the annual measurable objectives established by the State Board of Education pursuant to NRS 385.361;
(4) Methods of financing public education;
(5) The condition of public education in the elementary and secondary schools;
(6) The program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;
(7) The development of any programs to automate the receipt, storage and retrieval of the educational records of pupils; and
(8) Any other matters that, in the determination of the Committee, affect the education of pupils within this State.
κ2005 Statutes of Nevada, Page 1983 (CHAPTER 437, SB 404)κ
(b) Conduct investigations and hold hearings in connection with its duties pursuant to this section.
(c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and reviews of the Committee.
(d) Make recommendations to the Legislature concerning the manner in which public education may be improved.
2. The Committee shall:
(a) In addition to any standards prescribed by the Department of Education, prescribe standards for the review and evaluation of the reports of the State Board of Education, school districts and public schools pursuant to paragraph (a) of subsection 1 of NRS 385.359.
(b) For the purposes set forth in NRS 385.389, recommend to the Department of Education programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In recommending these programs of remedial study, the Committee shall consider programs of remedial study that have proven to be successful in improving the academic achievement of pupils.
(c) Recommend to the Department of Education providers of supplemental educational services for inclusion on the list of approved providers prepared by the Department pursuant to NRS 385.384. In recommending providers, the Committee shall consider providers with a demonstrated record of effectiveness in improving the academic achievement of pupils.
(d) For the purposes set forth in section 6 of this act, recommend to the Commission on Educational Excellence created by section 5 of this act programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.
Sec. 16.3. 1. There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by section 9 of this act the following sums:
For the Fiscal Year 2005-2006............................................... $50,000,000
For the Fiscal Year 2006-2007............................................... $28,000,000
2. Except as otherwise provided in this section, the money appropriated by subsection 1 must be used first for kindergarten through grade 6 for programs for the achievement of pupils linked to the plan to improve the achievement of pupils or for innovative programs, or both.
3. If money is remaining from the appropriation made by subsection 1 after allocations for kindergarten through sixth grades are complete, school districts and schools may apply for allocations from the remainder of the appropriation for programs for grades 7 through 12.
Sec. 16.7. 1. The Department of Education shall transfer the following sums to the Account for Programs for Innovation and the Prevention of Remediation apportioned for the State Distributive School Account in the State General Fund for the 2005-2007 biennium:
For the Fiscal Year 2005-2006................................................. $6,818,788
For the Fiscal Year 2006-2007................................................. $7,089,336
2. The sums transferred pursuant to subsection 1 must be used first for application to grades 7 through 12 for programs for the achievement of pupils linked to the plan to improve the achievement of pupils or for innovative programs, or both. If money is remaining from the transfer after allocations for grades 7 through 12 are complete, school districts and public schools may apply for allocations for kindergarten through grade 6 for programs for the achievement of pupils linked to the plan to improve the achievement of pupils or for innovative programs, or both.
κ2005 Statutes of Nevada, Page 1984 (CHAPTER 437, SB 404)κ
programs for the achievement of pupils linked to the plan to improve the achievement of pupils or for innovative programs, or both.
Sec. 17. 1. The date for distribution of money prescribed in paragraph (g) of subsection 1 of section 6 of this act does not apply to the first fiscal year that money is made available for the purposes prescribed in that section.
2. The date for the submission of the report required by subsection 1 of section 8 of this act does not apply to the first year that distributions of money are made pursuant to section 6 of this act. For that year, the report must be submitted to the entities prescribed not later than 3 weeks after the final distributions are made.
Sec. 18. On or before September 1, 2005, the Governor shall appoint to the Commission on Educational Excellence created pursuant to section 5 of this act:
1. Two teachers, one principal, one school district administrator to terms commencing upon appointment and expiring on December 31, 2006.
2. One teacher, one principal, one school district administrator and one parent or legal guardian to terms commencing upon appointment and expiring on December 31, 2007.
Sec. 19. 1. This section and section 18 of this act become effective upon passage and approval.
2. Section 5 of this act becomes effective upon passage and approval for the purpose of appointing members to the Commission on Educational Excellence and on July 1, 2005, for all other purposes.
3. Sections 1 to 4, inclusive, and 6 to 17, inclusive, of this act become effective on July 1, 2005.
________
Assembly Bill No. 260Assemblymen Allen, Hardy and Hettrick (by request)
Joint Sponsors: Senators Mathews and Heck
CHAPTER 438
AN ACT relating to environmental health specialists; defining the practice of environmental health; authorizing the Board of Registered Environmental Health Specialists to employ certain persons; requiring the Chairman of the Board to be elected biennially on or before a certain date; requiring persons who engage in the practice of environmental health to hold a certificate of registration as an environmental health specialist or environmental health specialist trainee; revising the requirements relating to the issuance and renewal of a certificate of registration; authorizing the Board to issue a certificate of registration to certain persons by reciprocity; exempting certain retired persons from the requirements for continuing education; requiring certain application, examination and renewal fees; providing penalties; and providing other matters properly relating thereto.
[Approved: June 15, 2005]
κ2005 Statutes of Nevada, Page 1985 (CHAPTER 438, AB 260)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 625A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. Board means the Board of Registered Environmental Health Specialists.
Sec. 3. Certificate of registration or certificate means a certificate of registration as an environmental health specialist or environmental health specialist trainee issued by the Board pursuant to this chapter.
Sec. 4. 1. Environmental health specialist means a person who is engaged in the practice of environmental health and who holds a certificate of registration as an environmental health specialist issued by the Board pursuant to this chapter.
2. The term does not include any person who practices in a field excluded from the definition of the practice of environmental health pursuant to subsection 2 of section 6 of this act, unless the person holds a certificate of registration as an environmental health specialist issued by the Board pursuant to this chapter.
Sec. 5. Environmental health specialist trainee means a person who is engaged in the practice of environmental health and who holds a certificate of registration as an environmental health specialist trainee issued by the Board pursuant to this chapter.
Sec. 6. 1. Practice of environmental health means the use of public health principles in the application of the sanitary sciences, the biological sciences or the physical sciences to investigate, prevent or reduce environmentally acquired disease or illness.
2. The term does not include practice in the field of:
(a) Environmental health by a person whose primary work is performed by and for the Division of Environmental Protection of the State Department of Conservation and Natural Resources or for an entity whose activities are limited solely to issues relating to air quality;
(b) Industrial hygiene, public education, indoor air quality, health physics, mold assessment or mold remediation;
(c) Cleaning up and disposing of hazardous waste and substances performed by a person who is certified by the State Department of Conservation and Natural Resources pursuant to NRS 459.400 to 459.600, inclusive, and the regulations adopted pursuant thereto, unless the clean up and disposal of the hazardous waste and substances is performed directly by and for a public health agency;
(d) Zoonotic disease ecology or vector-borne disease ecology, or both, when the practice in that field is performed as a specialty;
(e) Mining performed by an employee or contractor of a mining company engaged in mining operations in this State;
(f) Building inspections performed by a person whose primary purpose is to determine compliance with building and safety codes; or
(g) Epidemiological investigations performed by a person whose primary profession or employment is as an epidemiologist or disease investigator.
Sec. 7. 1. On and after July 1, 2007, a person shall not engage in the practice of environmental health in this State unless the person holds a certificate of registration as an environmental health specialist or an environmental health specialist trainee issued by the Board pursuant to this chapter.
κ2005 Statutes of Nevada, Page 1986 (CHAPTER 438, AB 260)κ
certificate of registration as an environmental health specialist or an environmental health specialist trainee issued by the Board pursuant to this chapter.
2. Any person who violates any provision of this section is guilty of a misdemeanor.
Sec. 8. 1. A person is eligible to engage in the practice of environmental health as an environmental health specialist trainee if the person possesses a baccalaureate or higher degree which includes the satisfactory completion of at least 45 quarter hours, or 30 semester hours, of academic work in basic science courses, including biology, chemistry, physics, geology, sanitary engineering or environmental engineering, from an institution of higher education approved by the Board.
2. To engage in the practice of environmental health as an environmental health specialist trainee, a person:
(a) Must be employed as a part of a training program in which the person engages in the practice of environmental health under the direct supervision of one or more other persons who hold certificates of registration as environmental health specialists; and
(b) Must file with the Board an application for a certificate of registration as an environmental health specialist trainee not later than 90 days after the date on which the person initially becomes employed as a part of the training program.
3. Except as otherwise provided in this subsection, the certificate of registration of a person as an environmental health specialist trainee expires 3 years after the date on which the person initially becomes employed as a part of the training program in which the person engages in the practice of environmental health as an environmental health specialist trainee. If, upon completion of the 3-year period, the person has met all requirements to be issued a certificate of registration as an environmental health specialist other than passing the examination required pursuant to NRS 625A.120, the Board may, upon a showing of good cause, grant the person a 1-year extension of the persons certificate of registration as an environmental health specialist trainee before the person must pass the examination. A request for such an extension must be submitted by the person in writing and received by the Board at least 60 days before the date on which the persons certificate of registration as an environmental health specialist trainee expires.
Sec. 9. The Board may employ and fix the compensation to be paid to attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties and may reimburse those employees for any actual expenses they incur while acting on behalf of the Board. Any reimbursement paid pursuant to this section is in addition to any per diem allowance or travel expenses paid to those employees pursuant to NRS 625A.050.
Sec. 10. The provisions of this chapter do not preclude a person who practices in a field excluded from the definition of the practice of environmental health pursuant to subsection 2 of section 6 of this act from being issued a certificate of registration by the Board if the person otherwise meets the requirements for the issuance of the certificate.
Sec. 11. NRS 625A.010 is hereby amended to read as follows:
625A.010 The purpose of registering environmental health specialists and environmental health specialist trainees is to protect the public health and safety and the general welfare of the people of this State.
κ2005 Statutes of Nevada, Page 1987 (CHAPTER 438, AB 260)κ
and safety and the general welfare of the people of this State. Any certificate of registration issued pursuant to this chapter is a revocable privilege , and no holder of such a certificate of registration acquires thereby any vested right.
Sec. 12. NRS 625A.020 is hereby amended to read as follows:
625A.020 As used in this chapter, unless the context otherwise requires [:
1. Board means the Board of Registered Environmental Health Specialists.
2. Environmental health specialist means a person who:
(a) Is qualified to advocate or recommend the use of sanitary measures for the public benefit by reason of education, practical training and experience determined by the Board to be satisfactory; and
(b) Has received from the Board a certificate of registration.
Κ The term does not include any person who engages in the practice of professional engineering, unless he is licensed to do so pursuant to chapter 625 of NRS.] , the words and terms defined in sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 13. NRS 625A.030 is hereby amended to read as follows:
625A.030 1. There is hereby created the Board of Registered Environmental Health Specialists, consisting of the State Health Officer or his designated representative and four members appointed by the Governor.
2. After the initial terms, each member appointed by the Governor must be appointed for a term of 3 years.
3. Of the members of the Board appointed by the Governor after his initial appointments:
(a) Two must represent the general public. These members must not be:
(1) An environmental health specialist [;] or environmental health specialist trainee; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of an environmental health specialist [.] or environmental health specialist trainee.
(b) Two must be environmental health specialists, one employed by the health district containing Washoe County and one employed by the health district containing Clark County.
4. The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetency, neglect of duty or other sufficient cause.
5. The Board shall elect from its members who are not employees of the State a Chairman and a Secretary. The Chairman must be elected [annually] biennially on or before July 1 [.] of each even-numbered year. The Secretary continues in office at the pleasure of the Board.
Sec. 14. NRS 625A.040 is hereby amended to read as follows:
625A.040 1. The Board shall hold at least one meeting annually to:
(a) Review and evaluate applications for certificates of registration as environmental health specialists [.] and environmental health specialist trainees.
(b) Conduct examinations.
(c) Review expenditures by the Board.
(d) Prepare reports.
(e) Transact any other business necessary to enable the Board to carry out its duties.
κ2005 Statutes of Nevada, Page 1988 (CHAPTER 438, AB 260)κ
2. Special meetings of the Board may be called by the Secretary upon the written request of any two members of the Board or upon a written request signed by 10 environmental health specialists [.] or environmental health specialist trainees, or any combination thereof.
3. Three members of the Board constitute a quorum to transact all business, and a majority of those present must concur on any decision.
Sec. 15. NRS 625A.090 is hereby amended to read as follows:
625A.090 The Board shall maintain a register of all:
1. Applicants for a certificate of registration as an environmental health specialist [which contains:] or environmental health specialist trainee. The register must contain:
(a) The name, age and place of residence of the applicant;
(b) The name and address of the employer of the applicant or address of the place of business of the applicant;
(c) The date of the application;
(d) The educational qualifications, practical training and experience of the applicant;
(e) The date on which the Board reviewed the application [,] and the action taken;
(f) The number of the certificate of registration, if any, issued to the applicant; and
(g) Such other information as the Board considers necessary.
2. [Environmental] Persons who hold certificates of registration as environmental health specialists [currently registered.] or environmental health specialist trainees. The register must contain:
(a) The name of the person;
(b) The name and address of the employer of the person or the address of the place of business of the person;
(c) The number of the certificate of registration, if any, issued to the person; and
(d) Such other information as the Board considers necessary.
Sec. 16. NRS 625A.100 is hereby amended to read as follows:
625A.100 1. An applicant for a certificate of registration as an environmental health specialist [must] or environmental health specialist trainee shall submit to the Board, through its Secretary:
(a) A completed application on a form prescribed and furnished by the Board;
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(c) The required fee; and
[(c)] (d) Proof of [his] the applicants educational qualifications, practical training and experience.
2. The application must include the social security number of the applicant.
3. The fee is not refundable.
Sec. 17. NRS 625A.100 is hereby amended to read as follows:
625A.100 1. An applicant for a certificate of registration as an environmental health specialist or environmental health specialist trainee shall submit to the Board, through its Secretary:
κ2005 Statutes of Nevada, Page 1989 (CHAPTER 438, AB 260)κ
(a) A completed application on a form prescribed and furnished by the Board;
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(c) The required fee; and
[(c)] (d) Proof of [his] the applicants educational qualifications, practical training and experience.
2. The fee is not refundable.
Sec. 18. NRS 625A.105 is hereby amended to read as follows:
625A.105 1. An applicant for [the issuance of] a certificate of registration as an environmental health specialist or environmental health specialist trainee or the holder of such a certificate shall submit to the Board annually, through its Secretary, the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance of the certificate of registration; or
(b) A separate form prescribed by the Board.
3. A certificate of registration as an environmental health specialist or environmental health specialist trainee may not be issued by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 19. NRS 625A.110 is hereby amended to read as follows:
625A.110 1. [To] Except as otherwise provided in this section, to be eligible for a certificate of registration [,] as an environmental health specialist, an applicant [must have:
(a) A] :
(a) Must:
(1) Possess a baccalaureate or higher degree from an [accredited college or university;
(b) Satisfactorily] institution of higher education approved by the Board;
(2) Have satisfactorily completed at least 45 quarter hours or 30 semester hours of academic work [approved by the Board in environmental health and public hygiene or the physical and biological sciences, or a combination of both; and
κ2005 Statutes of Nevada, Page 1990 (CHAPTER 438, AB 260)κ
(c) At] in basic science courses, including biology, chemistry, physics, geology, sanitary engineering or environmental engineering;
(3) Have passed the written examination pursuant to NRS 625A.120; and
(4) Have at least 2 years of experience approved by the Board in [this field of public health.
2. The Board may register] the practice of environmental health;
(b) Must possess a baccalaureate or higher degree in environmental health or environmental health science from an institution of higher education approved by the Board and have passed the written examination pursuant to NRS 625A.120;
(c) Must possess a masters degree in public health from an institution of higher education approved by the Board and have passed the written examination pursuant to NRS 625A.120; or
(d) Must possess training or experience obtained during service in the military forces of this State or the United States which the Board determines is equivalent to at least 2 years of experience in the practice of environmental health and have passed the written examination pursuant to NRS 625A.120.
2. Except as otherwise provided in this subsection, the Board shall issue a certificate of registration as an environmental health specialist to a person who is not qualified under subsection 1 [, if he:] if the Board determines to its satisfaction that the person:
(a) Was actively [employed in this field of public] engaged in the practice of environmental health in this State on July 1, [1987;
(b) Is a graduate of an accredited high school;
(c) Has had] 2005; and
(b) Has completed at least [4] 2 years of successful experience in [this field;
(d) Passes a written or oral examination administered by the Board; and
(e) Completes all the requirements of this subsection before July 1, 1991.
3. The Board may register, upon written application, any person who:
(a) Was employed in this field of public health in this State on July 1, 1987, and was a registered sanitarian in this State before July 1, 1977; or
(b) Is registered as an] the practice of environmental health.
Κ To be eligible to be issued a certificate of registration pursuant to this subsection, a person must apply to the Board for a certificate of registration not later than July 1, 2007.
3. Notwithstanding the provisions of subsection 1 to the contrary, upon written application, the Board may issue a certificate of registration as an environmental health specialist to a person by reciprocity if the person is registered as:
(a) An environmental health specialist with the National Environmental Health Association [and is a resident of this State.] ; or
(b) An environmental health specialist, environmental health scientist or registered sanitarian in another jurisdiction recognized by the Board as having requirements for that registration which are substantially similar to the requirements for the issuance of a certificate of registration as an environmental health specialist in this State.
Sec. 20. NRS 625A.120 is hereby amended to read as follows:
625A.120 1. Except for an applicant [applying pursuant to subsection 2 or 3 of] who may be issued a certificate of registration as an environmental health specialist without an examination pursuant to NRS 625A.110, an applicant who [is otherwise eligible] applies for a certificate of registration [, has paid the fee and presented the required credentials] as an environmental health specialist and who is otherwise qualified for the issuance of the certificate must appear personally and pass the written examination certified by the National Environmental Health Association or an equivalent examination prepared by the Board.
κ2005 Statutes of Nevada, Page 1991 (CHAPTER 438, AB 260)κ
environmental health specialist without an examination pursuant to NRS 625A.110, an applicant who [is otherwise eligible] applies for a certificate of registration [, has paid the fee and presented the required credentials] as an environmental health specialist and who is otherwise qualified for the issuance of the certificate must appear personally and pass the written examination certified by the National Environmental Health Association or an equivalent examination prepared by the Board.
2. [If the application is filed pursuant to subsection 2 of NRS 625A.110, the Board may use the written examination certified by the National Environmental Health Association or a written or oral examination prepared by the Board.
3.] The examination must be administered by the Board not less than once each year at such time and place in this State as the Board specifies.
[4.] 3. The name of the applicant must not appear on the examination, and the applicant must be identified by a number assigned to him by the Secretary of the Board.
[5.] 4. All examinations and the records pertaining to them must be filed with the Secretary of the Board and retained for at least 5 years.
[6.] 5. If an applicant fails the examination, he may be reexamined upon resubmission of his application accompanied by the required fee.
Sec. 21. NRS 625A.130 is hereby amended to read as follows:
625A.130 1. Each applicant for a certificate of registration as an environmental health specialist or environmental health specialist trainee must pay a fee set by the Board not to exceed $250.
2. Each applicant for a certificate of registration as an environmental health specialist who fails an examination and who desires to be reexamined must pay a fee set by the Board not to exceed $200 for each reexamination.
3. Each [registered] person who holds a certificate of registration as an environmental health specialist or environmental health specialist trainee must pay to the Secretary of the Board on or before the date fixed by the Board an annual fee for the certificate of registration to be set by the Board not to exceed $100. The annual fee for the certificate of registration must be collected for the year in which [an environmental health specialist] the person is initially [registered.
4. The] issued the certificate of registration and for each year thereafter in which the person holds the certificate of registration.
4. If a person holds a certificate of [any] registration as an environmental health specialist [who] or environmental health specialist trainee and the person fails to submit the statement required pursuant to NRS 625A.105 or pay the annual fee for the certificate of registration within 60 days after it is due , the persons certificate of registration is automatically suspended. The Board must notify the [environmental health specialist] person that his certificate of registration has been suspended pursuant to this subsection. It may be reinstated pursuant to regulations adopted by the Board.
Sec. 22. NRS 625A.130 is hereby amended to read as follows:
625A.130 1. Each applicant for a certificate of registration as an environmental health specialist [shall] or environmental health specialist trainee must pay a fee set by the Board not to exceed $250.
2. Each applicant for a certificate of registration as an environmental health specialist who fails an examination and who desires to be reexamined [shall] must pay a fee set by the Board not to exceed $200 for each reexamination.
κ2005 Statutes of Nevada, Page 1992 (CHAPTER 438, AB 260)κ
[shall] must pay a fee set by the Board not to exceed $200 for each reexamination.
3. Each [registered] person who holds a certificate of registration as an environmental health specialist [shall] or environmental health specialist trainee must pay to the Secretary of the Board on or before the date fixed by the Board an annual fee for the certificate of registration to be set by the Board not to exceed $100. The annual fee for registration must be collected for the year in which [an environmental health specialist] the person is initially [registered.
4. The] issued the certificate of registration and for each year thereafter in which the person holds the certificate of registration.
4. If the person holds a certificate of [any] registration as an environmental health specialist [who] or environmental health specialist trainee and the person fails to pay the annual fee for registration within 60 days after it is due , the persons certificate of registration is automatically suspended. The Board must notify the [environmental health specialist] person that his certificate of registration has been suspended for nonpayment of the annual fee. It may be reinstated pursuant to regulations adopted by the Board.
Sec. 23. NRS 625A.140 is hereby amended to read as follows:
625A.140 Each certificate of registration issued by the Board must be numbered and contain [the:
1. Designation] :
1. The designation Registered Environmental Health [Specialist.
2. Name] Specialist or Environmental Health Specialist Trainee, as applicable.
2. The name of the person registered.
3. [Date] The registration number.
4. The date of issuance.
[4.] 5. The Great Seal of the [Board.
5. Signatures] State of Nevada.
6. The signatures of the [members] Chairman and Secretary of the Board.
Sec. 24. NRS 625A.150 is hereby amended to read as follows:
625A.150 1. The Board shall adopt regulations requiring participation in a program of continuing education as a prerequisite for the renewal of a certificate of registration [.] as an environmental health specialist.
2. The Board may exempt an environmental health specialist from the requirements for continuing education if he is able to show good cause why the requirements could not be met. The exemption may not be granted to a person more than once in any [2-year] 6-year period.
3. An environmental health specialist who submits evidence satisfactory to the Board that he has retired and is no longer engaged in the practice of environmental health is exempt from the requirements for continuing education established pursuant to this section.
Sec. 25. NRS 625A.160 is hereby amended to read as follows:
625A.160 The grounds for initiating disciplinary action under this chapter are:
1. Unprofessional conduct;
2. Conviction of a felony relating to the practice of [an] environmental health [specialist] or any offense involving moral turpitude;
κ2005 Statutes of Nevada, Page 1993 (CHAPTER 438, AB 260)κ
3. The suspension or revocation of a certificate or license as an environmental health specialist by any other jurisdiction; or
4. Failure to meet the requirements for continuing education.
Sec. 26. NRS 625A.165 is hereby amended to read as follows:
625A.165 1. If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration as an environmental health specialist [,] or environmental health specialist trainee, the Board shall deem the certificate of registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the certificate of registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a certificate of registration as an environmental health specialist or environmental health specialist trainee that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 26.5. NRS 625A.170 is hereby amended to read as follows:
625A.170 The following acts, among others established by the Board, constitute unprofessional conduct:
1. Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a certificate [;] of registration;
2. Habitual drunkenness or addiction to the use of a controlled substance;
3. Engaging in any conduct in his professional activities which is intended to deceive or which the Board has determined is unethical; or
4. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter or a regulation of the Board.
Sec. 27. NRS 625A.180 is hereby amended to read as follows:
625A.180 1. If the Board finds after a hearing, or after providing an opportunity for a hearing, that disciplinary action is necessary, it may by order:
(a) Place the environmental health specialist or environmental health specialist trainee on probation for a specified period or until further order of the Board;
(b) Administer a public reprimand; or
(c) Suspend or revoke his certificate [.] of registration.
2. If the order places an environmental health specialist or environmental health specialist trainee on probation, the Board may impose such limitations or conditions upon his professional activities as [it] the Board finds consistent to protect the public health.
3. The Board shall not administer a private reprimand.
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
κ2005 Statutes of Nevada, Page 1994 (CHAPTER 438, AB 260)κ
Sec. 27.5. NRS 625A.190 is hereby amended to read as follows:
625A.190 1. Upon denial of an application for [registration] or renewal of a certificate of registration or other disciplinary action, the Board shall give the person written notice of its decision mailed to him at his last known address by certified mail, return receipt requested. The notice must:
(a) State the reason for the denial or disciplinary action; and
(b) Inform the person that he has the right to a hearing before the Board.
2. A written request for a hearing must be filed with the Board within 30 days after the notice is mailed. If a hearing is requested, the Board shall set a time and place for a formal hearing and notify the person of the time and place set for the hearing. The Board shall hold the hearing at the time and place designated in the notice.
Sec. 28. NRS 625A.200 is hereby amended to read as follows:
625A.200 1. [Only a person who holds a valid certificate of registration issued by the Board may] A person shall not use the title registered environmental health [specialist or] specialist, environmental health [specialist] specialist, registered sanitarian or sanitarian, or the abbreviation [R.E.H.S. or] R.E.H.S., E.H.S. or R.S. after his name [.] , unless the person holds a certificate of registration as an environmental health specialist issued by the Board pursuant to this chapter.
2. A person shall not use the title environmental health specialist trainee, or any abbreviation or letters after his name that would suggest that the person is an environmental health specialist trainee, unless the person holds a certificate of registration as an environmental health specialist trainee issued by the Board pursuant to this chapter.
3. Any person who violates any provision of this section is guilty of a misdemeanor.
Sec. 29. 1. This section, and sections 1 to 16, inclusive, 18 to 21, inclusive, and 23 to 28, inclusive, of this act become effective on July 1, 2005.
2. Sections 16, 18, 21 and 26 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,
Κ are repealed by the Congress of the United States.
3. Sections 17 and 22 of this act become effective 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,
Κ are repealed by the Congress of the United States.
________
κ2005 Statutes of Nevada, Page 1995κ
Senate Bill No. 198Senators Care and Amodei
Joint Sponsor: Assemblywoman Ohrenschall
CHAPTER 439
AN ACT relating to the Uniform Commercial Code; revising the provisions of Articles 3 and 4 of the Uniform Commercial Code; and providing other matters properly relating thereto.
[Approved: June 15, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 104.3103 is hereby amended to read as follows:
104.3103 1. In this Article:
(a) Acceptor means a drawee who has accepted a draft.
(b) Drawee means a person ordered in a draft to make payment.
(c) Drawer means a person who signs or is identified in a draft as a person ordering payment.
(d) Good faith means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(e) Maker means a person who signs or is identified in a note as a person undertaking to pay.
(f) Order means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.
(g) Ordinary care in the case of a person engaged in business means observance of reasonable commercial standards, prevailing in the area in which he is located, with respect to the business in which he is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate its prescribed procedures and its procedures do not vary unreasonably from general banking usage not disapproved by this Article or Article 4.
(h) Party means a party to an instrument.
(i) Promise means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.
(j) Prove with respect to a fact means to meet the burden of establishing the fact (subsection 8 of NRS 104.1201).
(k) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(l) Remitter means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser.
κ2005 Statutes of Nevada, Page 1996 (CHAPTER 439, SB 198)κ
(m) Remotely-created item means an item drawn on an account, which is not created by the payor bank and does not bear a signature purporting to be the signature of the drawer.
2. Other definitions applying to this Article and the sections in which they appear are:
Acceptance. NRS 104.3409.
Accommodated party. NRS 104.3419.
Accommodation party. NRS 104.3419.
Account. NRS 104.4104.
Alteration. NRS 104.3407.
Anomalous endorsement. NRS 104.3205.
Blank endorsement. NRS 104.3205.
Cashiers check. NRS 104.3104.
Certificate of deposit. NRS 104.3104.
Certified check. NRS 104.3409.
Check. NRS 104.3104.
Consideration. NRS 104.3303.
Draft. NRS 104.3104.
Endorsement. NRS 104.3204.
Endorser. NRS 104.3204.
Holder in due course. NRS 104.3302.
Incomplete instrument. NRS 104.3115.
Instrument. NRS 104.3104.
Issue. NRS 104.3105.
Issuer. NRS 104.3105.
Negotiable instrument. NRS 104.3104.
Negotiation. NRS 104.3201.
Note. NRS 104.3104.
Payable at a definite time. NRS 104.3108.
Payable on demand. NRS 104.3108.
Payable to bearer. NRS 104.3109.
Payable to order. NRS 104.3109.
Payment. NRS 104.3602.
Person entitled to enforce. NRS 104.3301.
Presentment. NRS 104.3501.
Reacquisition. NRS 104.3207.
Special endorsement. NRS 104.3205.
Tellers check. NRS 104.3104.
Transfer of instrument. NRS 104.3203.
Travelers check. NRS 104.3104.
Value. NRS 104.3303.
3. The following definitions in other Articles apply to this Article:
Bank. NRS 104.4105.
Banking day. NRS 104.4104.
Clearinghouse. NRS 104.4104.
Collecting bank. NRS 104.4105.
Customer. NRS 104.4104.
Depositary bank. NRS 104.4105.
Documentary draft. NRS 104.4104.
κ2005 Statutes of Nevada, Page 1997 (CHAPTER 439, SB 198)κ
Intermediary bank. NRS 104.4105.
Item. NRS 104.4104.
Payor bank. NRS 104.4105.
Suspends payments. NRS 104.4104.
4. In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.
Sec. 2. NRS 104.3106 is hereby amended to read as follows:
104.3106 1. Except as otherwise provided in this section, for the purposes of subsection 1 of NRS 104.3104, a promise or order is unconditional unless it states:
(a) An express condition to payment;
(b) That the promise or order is subject to or governed by another [writing;] record; or
(c) That rights or obligations with respect to the promise or order are stated in another [writing.] record.
Κ A reference to another [writing] record does not of itself make the promise or order conditional.
2. A promise or order is not made conditional by a reference to another [writing] record for a statement of rights with respect to collateral, prepayment or acceleration, or because payment is limited to resort to a particular fund or source.
3. If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of subsection 1 of NRS 104.3104. If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument.
4. If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of subsection 1 of NRS 104.3104; but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.
Sec. 3. NRS 104.3116 is hereby amended to read as follows:
104.3116 1. Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, endorsers who endorse as joint payees, or anomalous endorsers are jointly and severally liable in the capacity in which they sign.
2. Except as otherwise provided in subsection [5] 6 of NRS 104.3419 or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.
3. Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection 2 of a party having the same joint and several liability to receive contribution from the party discharged.
κ2005 Statutes of Nevada, Page 1998 (CHAPTER 439, SB 198)κ
Sec. 4. NRS 104.3119 is hereby amended to read as follows:
104.3119 In an action for breach of an obligation for which a third person is answerable over pursuant to this Article or Article 4, the defendant may give the third person [written] notice of the litigation [,] in a record, and the person notified may then give similar notice to any other person who is answerable over. If the notice states that the person notified may come in and defend and that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
Sec. 5. NRS 104.3305 is hereby amended to read as follows:
104.3305 1. Except as otherwise provided in [subsection 2,] this section, the right to enforce the obligation of a party to pay an instrument is subject to the following:
(a) A defense of the obligor based on:
(1) Infancy of the obligor to the extent it is a defense to a simple contract;
(2) Duress, lack of legal capacity or illegality of the transaction which, under other law, nullifies the obligation of the obligor;
(3) Fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms; or
(4) Discharge of the obligor in insolvency proceedings;
(b) A defense of the obligor stated in another section of this Article or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and
(c) A claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought.
2. The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in paragraph (a) of subsection 1, but is not subject to defenses of the obligor stated in paragraph (b) of subsection 1 or claims in recoupment stated in paragraph (c) of subsection 1 against a person other than the holder.
3. Except as otherwise provided in subsection 4, in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the person entitled to enforce the instrument a defense, claim in recoupment or claim to the instrument (NRS 104.3306) of another person, but the other persons claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.
4. In an action to enforce the obligation of an accommodation party to pay an instrument, the accommodation party may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection 1 that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy and lack of legal capacity.
κ2005 Statutes of Nevada, Page 1999 (CHAPTER 439, SB 198)κ
entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy and lack of legal capacity.
Sec. 6. NRS 104.3309 is hereby amended to read as follows:
104.3309 1. A person not in possession of an instrument is entitled to enforce the instrument if:
(a) [He was in possession of] The person seeking to enforce the instrument [and] :
(1) Was entitled to enforce [it] the instrument when loss of possession occurred; or
(2) Has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;
(b) The loss of possession was not the result of a transfer by [him] the person or a lawful seizure; and
(c) [He] The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.
2. A person seeking enforcement of an instrument under subsection 1 must prove the terms of the instrument and his right to enforce the instrument. If that proof is made, NRS 104.3308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.
Sec. 7. NRS 104.3312 is hereby amended to read as follows:
104.3312 1. In this section:
(a) Check means a cashiers check, tellers check or certified check.
(b) Claimant means a person who claims the right to receive the amount of a cashiers check, tellers check or certified check that was lost, destroyed or stolen.
(c) Declaration of loss means a [written] statement, made in a record under penalty of perjury, to the effect that:
(1) The declarer lost possession of a check;
(2) The declarer is the drawer or payee of the check, in the case of a certified check, or the remitter or payee of the check, in the case of a cashiers check or tellers check;
(3) The loss of possession was not the result of a transfer by the declarer or a lawful seizure; and
(4) The declarer cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.
(d) Obligated bank means the issuer of a cashiers check or tellers check or the acceptor of a certified check.
2. A claimant may assert a claim to the amount of a check by a communication to the obligated bank describing the check with reasonable certainty and requesting payment of the amount of the check, if:
(a) The claimant is the drawer or payee of a certified check or the remitter or payee of a cashiers check or tellers check;
κ2005 Statutes of Nevada, Page 2000 (CHAPTER 439, SB 198)κ
(b) The communication contains or is accompanied by a declaration of loss of the claimant with respect to the check;
(c) The communication is received at a time and in a manner affording the bank a reasonable time to act on it before the check is paid; and
(d) The claimant provides reasonable identification if requested by the obligated bank.
3. Delivery of a declaration of loss is a warranty of the truth of the statements made in the declaration. If a claim is asserted in compliance with this subsection, the following rules apply:
(a) The claim becomes enforceable at the later of:
(1) The time the claim is asserted; or
(2) The 90th day following the date of the check, in the case of a cashiers check or tellers check, or the 90th day following the date of the acceptance, in the case of a certified check.
(b) Until the claim becomes enforceable, it has no legal effect and the obligated bank may pay the check or, in the case of a tellers check, may permit the drawee to pay the check. Payment to a person entitled to enforce the check discharges all liability of the obligated bank with respect to the check.
(c) If the claim becomes enforceable before the check is presented for payment, the obligated bank is not obliged to pay the check.
(d) When the claim becomes enforceable, the obligated bank becomes obliged to pay the amount of the check to the claimant if payment of the check has not been made to a person entitled to enforce the check. Subject to paragraph (a) of subsection 1 of NRS 104.4302, payment to the claimant discharges all liability of the obligated bank with respect to the check.
4. If the obligated bank pays the amount of a check to a claimant under paragraph (d) of subsection 2 and the check is presented for payment by a person having rights of a holder in due course, the claimant is obliged to refund the payment to the obligated bank if the check is paid, or pay the amount of the check to the person having rights of a holder in due course if the check is dishonored.
5. If a claimant has the right to assert a claim under subsection 2 and is also a person entitled to enforce a cashiers check, tellers check or certified check which is lost, destroyed or stolen, the claimant may assert rights with respect to the check either under this section or NRS 104.3309.
Sec. 8. NRS 104.3416 is hereby amended to read as follows:
104.3416 1. A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by endorsement, to any subsequent transferee that:
(a) The warrantor is a person entitled to enforce the instrument;
(b) All signatures on the instrument are authentic and authorized;
(c) The instrument has not been altered;
(d) The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor; [and]
(e) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer [.] ; and
(f) With respect to a remotely-created item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.
κ2005 Statutes of Nevada, Page 2001 (CHAPTER 439, SB 198)κ
2. A person to whom the warranties under subsection 1 are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.
3. The warranties stated in subsection 1 cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection 2 is discharged to the extent of any loss caused by the delay in giving notice of the claim.
4. A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
5. No claim for breach of warranty in paragraph (f) of subsection 1 is available against a person to which an item was transferred to the extent that under applicable law, including the applicable choice-of-law principles, the person that transferred the item did not make the warranty in paragraph (f) of subsection 1.
Sec. 9. NRS 104.3417 is hereby amended to read as follows:
104.3417 1. If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that:
(a) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;
(b) The draft has not been altered; [and]
(c) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized [.] ; and
(d) With respect to a remotely-created item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.
2. A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection.
3. If a drawee asserts a claim for breach of warranty under subsection 1 based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under NRS 104.3404 or 104.3405 or the drawer is precluded under NRS 104.3406 or 104.4406 from asserting against the drawee the unauthorized endorsement or alteration.
κ2005 Statutes of Nevada, Page 2002 (CHAPTER 439, SB 198)κ
4. If a dishonored draft is presented for payment to the drawer or an endorser or any other instrument is presented for payment to a party obliged to pay the instrument, and payment is received, the following rules apply:
(a) The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was at the time he transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument.
(b) The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.
5. The warranties stated in subsections 1 and 4 cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection 2 or 4 is discharged to the extent of any loss caused by the delay in giving notice of the claim.
6. A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
7. No claim for breach of warranty in paragraph (d) of subsection 1 is available against a person to which an item was transferred to the extent that under applicable law, including the applicable choice-of-law principles, the person that transferred the item did not make the warranty in paragraph (d) of subsection 1.
Sec. 10. NRS 104.3419 is hereby amended to read as follows:
104.3419 1. If an instrument is issued for value given for the benefit of a party to the instrument (accommodated party) and another party to the instrument (accommodation party) signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party for accommodation.
2. An accommodation party may sign the instrument as maker, drawer, acceptor or endorser and, subject to subsection 4, is obliged to pay the instrument in the capacity in which he signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not he receives consideration for the accommodation.
3. A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous endorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as otherwise provided in NRS 104.3605, the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation.
4. If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if:
(a) Execution of judgment against the other party has been returned unsatisfied;
κ2005 Statutes of Nevada, Page 2003 (CHAPTER 439, SB 198)κ
(b) The other party is insolvent or in an insolvency proceeding;
(c) The other party cannot be served with process; or
(d) It is otherwise apparent that payment cannot be obtained from the other party.
5. If the signature of a party to an instrument is accompanied by words indicating that the party guarantees payment or the signer signs the instrument as an accommodation party in some other manner that does not unambiguously indicate an intention to guarantee collection rather than payment, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument in the same circumstances as the accommodated party would be obliged, without prior resort to the accommodated party by the person entitled to enforce the instrument.
6. An accommodation party [who] that pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. In proper circumstances, an accommodation party may obtain relief that requires the accommodated party to perform its obligations on the instrument. An accommodated party [who] that pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party.
Sec. 11. NRS 104.3602 is hereby amended to read as follows:
104.3602 1. [Except as otherwise provided in subsection 2,] Subject to subsection 5, an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument, and to a person entitled to enforce the instrument. [To the extent of the payment,]
2. Subject to subsection 5, a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person who formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it:
(a) Is signed by the transferor or the transferee;
(b) Reasonably identifies the transferred note; and
(c) Provides an address at which payments subsequently are to be made.
Κ Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection 3 even if the party obliged to pay the note has received a notification under this subsection.
3. Subject to subsection 5, to the extent of a payment under subsections 1 and 2, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under NRS 104.3306 by another person.
[2.] 4. Subject to subsection 5, a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection 2 after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer.
5. The obligation of a party to pay the instrument is not discharged under [subsection 1] subsections 1 to 4, inclusive, if:
κ2005 Statutes of Nevada, Page 2004 (CHAPTER 439, SB 198)κ
(a) A claim to the instrument under NRS 104.3306 is enforceable against the party receiving payment and:
(1) Payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction; or
(2) In the case of an instrument other than a cashiers check, tellers check or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or
(b) The person making payment knows that the instrument is a stolen instrument and pays a person he knows is in wrongful possession of the instrument.
6. As used in this section, signed, with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process with the present intent to adopt or accept the record.
Sec. 12. NRS 104.3604 is hereby amended to read as follows:
104.3604 1. A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument:
(a) By an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation or cancellation of the instrument, cancellation or striking out of the partys signature, or the addition of words to the instrument indicating discharge; or
(b) By agreeing not to sue or otherwise renouncing rights against the party by a signed [writing.] record.
2. Cancellation or striking out of an endorsement pursuant to subsection 1 does not affect the status and rights of a party derived from the endorsement.
3. As used in this section, signed, with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process with the present intent to adopt or accept the record.
Sec. 13. (Deleted by amendment.)
Sec. 14. NRS 104.4104 is hereby amended to read as follows:
104.4104 1. In this Article, unless the context otherwise requires:
(a) Account means any deposit or credit account with a bank including a demand, time, savings, passbook, share draft or like account, other than an account evidenced by a certificate of deposit.
(b) Afternoon means the period of a day between noon and midnight.
(c) Banking day means that part of any day on which a bank is open to the public for carrying on substantially all of its banking functions.
(d) Clearinghouse means any association of banks or other payors regularly clearing items.
(e) Customer means any person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank.
(f) Documentary draft means a draft to be presented for acceptance or payment if specified documents, certificated securities or instructions for uncertificated securities, or other certificates, statements or the like are to be received by the drawee or other payor before acceptance or payment of the draft.
κ2005 Statutes of Nevada, Page 2005 (CHAPTER 439, SB 198)κ
(g) Draft means a draft as defined in NRS 104.3104 or an item, other than an instrument, that is an order.
(h) Drawee means a person ordered in a draft to make payment.
(i) Item means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by Article 4A or a credit or debit card slip.
(j) Midnight deadline with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.
(k) Settle means to pay in cash, by clearinghouse settlement, in a charge or credit or by remittance, or otherwise as instructed. A settlement may be either provisional or final.
(l) Suspends payments with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over or that it ceases or refuses to make payments in the ordinary course of business.
2. Other definitions applying to this Article and the sections in which they appear are:
Agreement for electronic presentment. NRS 104.4110.
Bank. NRS 104.4105.
Collecting bank. NRS 104.4105.
Depositary bank. NRS 104.4105.
Intermediary bank. NRS 104.4105.
Payor bank. NRS 104.4105.
Presenting bank. NRS 104.4105.
Presentment notice. NRS 104.4110.
3. The following definitions in other Articles apply to this Article:
Acceptance. NRS 104.3409.
Alteration. NRS 104.3407.
Cashiers check. NRS 104.3104.
Certificate of deposit. NRS 104.3104.
Certified check. NRS 104.3409.
Check. NRS 104.3104.
Good faith. NRS 104.3103.
Holder in due course. NRS 104.3302.
Instrument. NRS 104.3104.
Notice of dishonor. NRS 104.3503.
Order. NRS 104.3103.
Ordinary care. NRS 104.3103.
Person entitled to enforce. NRS 104.3301.
Presentment. NRS 104.3501.
Promise. NRS 104.3103.
Prove. NRS 104.3103.
Record. NRS 104.3103.
Remotely-created item. NRS 104.3103.
Tellers check. NRS 104.3104.
Unauthorized signature. NRS 104.3403.
κ2005 Statutes of Nevada, Page 2006 (CHAPTER 439, SB 198)κ
4. In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.
Sec. 15. NRS 104.4207 is hereby amended to read as follows:
104.4207 1. A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that:
(a) The warrantor is a person entitled to enforce the item;
(b) All signatures on the item are authentic and authorized;
(c) The item has not been altered;
(d) The item is not subject to a defense or claim in recoupment (subsection 1 of NRS 104.3305) of any party that can be asserted against the warrantor; [and]
(e) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer [.] ; and
(f) With respect to a remotely-created item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.
2. If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item according to the terms of the item at the time it was transferred, or if the transfer was of an incomplete item, according to its terms when completed as stated in NRS 104.3115 and 104.3407. The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by an endorsement stating that it is made without recourse or otherwise disclaiming liability.
3. A person to whom the warranties under subsection 1 are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach.
4. The warranties stated in subsection 1 cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.
5. A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
6. No claim for breach of warranty in paragraph (f) of subsection 1 is available against a person to which an item was transferred to the extent that under applicable law, including the applicable choice-of-law principles, the person that transferred the item did not make the warranty in paragraph (f) of subsection 1.
Sec. 16. NRS 104.4208 is hereby amended to read as follows:
104.4208 1. If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant to the drawee that pays or accepts the draft in good faith that:
κ2005 Statutes of Nevada, Page 2007 (CHAPTER 439, SB 198)κ
(a) The warrantor is, or was at the time he transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;
(b) The draft has not been altered; [and]
(c) The warrantor has no knowledge that the signature of the purported drawer of the draft is unauthorized [.] ; and
(d) With respect to a remotely-created item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.
2. A drawee making payment may recover from a warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft:
(a) Breach of warranty is a defense to the obligation of the acceptor; and
(b) If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from a warrantor for breach of warranty the amounts stated in this subsection.
3. If a drawee asserts a claim for breach of warranty under subsection 1 based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under NRS 104.3404 or 104.3405 or the drawer is precluded under NRS 104.3406 or 104.4406 from asserting against the drawee the unauthorized endorsement or alteration.
4. If a dishonored draft is presented for payment to the drawer or an endorser, or any other item is presented for payment to a party obliged to pay the item, and the item is paid, the person obtaining payment and a prior transferor of the item warrant to the person making payment in good faith that the warrantor is, or was at the time he transferred the item, a person entitled to enforce the item or authorized to obtain payment on behalf of a person entitled to enforce the item. The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.
5. The warranties stated in subsections 1 and 4 cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.
6. A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
7. No claim for breach of warranty in paragraph (d) of subsection 1 is available against a person to which an item was transferred to the extent that under applicable law, including the applicable choice-of-law principles, the person that transferred the item did not make the warranty in paragraph (d) of subsection 1.
Sec. 17. NRS 104.4212 is hereby amended to read as follows:
104.4212 1. Unless otherwise instructed, a collecting bank may present an item not payable by, through or at a bank by sending to the party to accept or pay a [written] record providing notice that the bank holds the item for acceptance or payment.
κ2005 Statutes of Nevada, Page 2008 (CHAPTER 439, SB 198)κ
item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under NRS 104.3501 by the close of the banks next banking day after it knows of the requirement.
2. If presentment is made by notice and payment, acceptance or request for compliance with a requirement under NRS 104.3501 is not received by the close of business on the day after maturity or in the case of demand items by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any drawer or endorser by sending him notice of the facts.
Sec. 18. NRS 104.4301 is hereby amended to read as follows:
104.4301 1. If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it:
(a) Returns the item; [or
(b) Sends written]
(b) Returns an image of the item, if the party to which the return is made has entered into an agreement to accept an image as a return of the item and the image is returned in accordance with that agreement; or
(c) Sends a record providing notice of dishonor or nonpayment if the item is unavailable for return.
2. If a demand item is received by a payor bank for credit on its books it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection 1.
3. Unless previous notice of dishonor has been sent an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.
4. An item is returned:
(a) As to an item presented through a clearinghouse, when it is delivered to the presenting or last collecting bank or to the clearinghouse or is sent or delivered in accordance with clearinghouse rules; or
(b) In all other cases, when it is sent or delivered to the banks customer or transferor or pursuant to his instructions.
Sec. 19. NRS 104.4403 is hereby amended to read as follows:
104.4403 1. A customer or any person authorized to draw on the account if there is more than one person, may stop payment of any item drawn on the customers account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before the happening of any of the events described in NRS 104.4303. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.
2. A stop-payment order is effective for 6 months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in [writing] a record within that period. A stop-payment order may be renewed for additional 6‑month periods by a [writing] record given to the bank within a period during which the stop-payment order is effective.
3. The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer.
κ2005 Statutes of Nevada, Page 2009 (CHAPTER 439, SB 198)κ
account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under NRS 104.4402.
________
Senate Bill No. 29Senators Mathews and Townsend
CHAPTER 440
AN ACT relating to health insurance; requiring policies of health insurance to provide coverage for certain medical treatment provided to an insured who participates in certain Phase I studies or clinical trials for the treatment of cancer; revising the types of medical treatment that must be covered when an insured participates in certain studies or clinical trials for the treatment of cancer or chronic fatigue syndrome; and providing other matters properly relating thereto.
[Approved: June 15, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 689A.04033 is hereby amended to read as follows:
689A.04033 1. A policy of health insurance must provide coverage for medical treatment which a policyholder or subscriber receives as part of a clinical trial or study if:
(a) The medical treatment is provided in a Phase I, Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or in a Phase II, Phase III or Phase IV study or clinical trial for the treatment of chronic fatigue syndrome;
(b) The clinical trial or study is approved by:
(1) An agency of the National Institutes of Health as set forth in 42 U.S.C. § 281(b);
(2) A cooperative group;
(3) The Food and Drug Administration as an application for a new investigational drug;
(4) The United States Department of Veterans Affairs; or
(5) The United States Department of Defense;
(c) [The] In the case of:
(1) A Phase I clinical trial or study for the treatment of cancer, the medical treatment is provided at a facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer; or
(2) A Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or chronic fatigue syndrome, the medical treatment is provided by a provider of health care and the facility and personnel for the clinical trial or study have the experience and training to provide the treatment in a capable manner;
(d) There is no medical treatment available which is considered a more appropriate alternative medical treatment than the medical treatment provided in the clinical trial or study;
κ2005 Statutes of Nevada, Page 2010 (CHAPTER 440, SB 29)κ
(e) There is a reasonable expectation based on clinical data that the medical treatment provided in the clinical trial or study will be at least as effective as any other medical treatment;
(f) The clinical trial or study is conducted in this State; and
(g) The policyholder or subscriber has signed, before his participation in the clinical trial or study, a statement of consent indicating that he has been informed of, without limitation:
(1) The procedure to be undertaken;
(2) Alternative methods of treatment; and
(3) The risks associated with participation in the clinical trial or study, including, without limitation, the general nature and extent of such risks.
2. Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:
(a) Coverage for any drug or device that is approved for sale by the Food and Drug Administration without regard to whether the approved drug or device has been approved for use in the medical treatment of the policyholder or subscriber.
(b) The cost of any reasonably necessary health care services that are required as a result of the medical treatment provided in [the] a Phase II, Phase III or Phase IV clinical trial or study or as a result of any complication arising out of the medical treatment provided in [the] a Phase II, Phase III or Phase IV clinical trial or study, to the extent that such health care services would otherwise be covered under the policy of health insurance.
(c) The cost of any routine health care services that would otherwise be covered under the policy of health insurance for a policyholder or subscriber participating in a Phase I clinical trial or study.
(d) The initial consultation to determine whether the policyholder or subscriber is eligible to participate in the clinical trial or study.
[(d)] (e) Health care services required for the clinically appropriate monitoring of the policyholder or subscriber during [the] a Phase II, Phase III or Phase IV clinical trial or study.
(f) Health care services which are required for the clinically appropriate monitoring of the policyholder or subscriber during a Phase I clinical trial or study and which are not directly related to the clinical trial or study.
Κ Except as otherwise provided in NRS 689A.04036, the services provided pursuant to paragraphs (b) , (c), (e) and [(d)] (f) must be covered only if the services are provided by a provider with whom the insurer has contracted for such services. If the insurer has not contracted for the provision of such services, the insurer shall pay the provider the rate of reimbursement that is paid to other providers with whom the insurer has contracted for similar services and the provider shall accept that rate of reimbursement as payment in full.
3. Particular medical treatment described in subsection 2 and provided to a policyholder or subscriber is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the policyholder or subscriber.
4. The coverage for medical treatment required by this section does not include:
κ2005 Statutes of Nevada, Page 2011 (CHAPTER 440, SB 29)κ
(a) Any portion of the clinical trial or study that is customarily paid for by a government or a biotechnical, pharmaceutical or medical industry.
(b) Coverage for a drug or device described in paragraph (a) of subsection 2 which is paid for by the manufacturer, distributor or provider of the drug or device.
(c) Health care services that are specifically excluded from coverage under the policyholders or subscribers policy of health insurance, regardless of whether such services are provided under the clinical trial or study.
(d) Health care services that are customarily provided by the sponsors of the clinical trial or study free of charge to the participants in the trial or study.
(e) Extraneous expenses related to participation in the clinical trial or study including, without limitation, travel, housing and other expenses that a participant may incur.
(f) Any expenses incurred by a person who accompanies the policyholder or subscriber during the clinical trial or study.
(g) Any item or service that is provided solely to satisfy a need or desire for data collection or analysis that is not directly related to the clinical management of the policyholder or subscriber.
(h) Any costs for the management of research relating to the clinical trial or study.
5. An insurer who delivers or issues for delivery a policy of health insurance specified in subsection 1 [,] may require copies of the approval or certification issued pursuant to paragraph (b) of subsection 1, the statement of consent signed by the policyholder or subscriber, protocols for the clinical trial or study and any other materials related to the scope of the clinical trial or study relevant to the coverage of medical treatment pursuant to this section.
6. An insurer who delivers or issues for delivery a policy specified in subsection 1 shall:
(a) Include in the disclosure required pursuant to NRS 689A.390 notice to each policyholder and subscriber under the policy of the availability of the benefits required by this section.
(b) Provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.
7. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2004,] 2006, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.
8. An insurer who delivers or issues for delivery a policy specified in subsection 1 is immune from liability for:
(a) Any injury to a policyholder or subscriber caused by:
(1) Any medical treatment provided to the policyholder or subscriber in connection with his participation in a clinical trial or study described in this section; or
(2) An act or omission by a provider of health care who provides medical treatment or supervises the provision of medical treatment to the policyholder or subscriber in connection with his participation in a clinical trial or study described in this section.
κ2005 Statutes of Nevada, Page 2012 (CHAPTER 440, SB 29)κ
(b) Any adverse or unanticipated outcome arising out of a policyholders or subscribers participation in a clinical trial or study described in this section.
9. As used in this section:
(a) Cooperative group means a network of facilities that collaborate on research projects and has established a peer review program approved by the National Institutes of Health. The term includes:
(1) The Clinical Trials Cooperative Group Program; and
(2) The Community Clinical Oncology Program.
(b) Facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer means a facility or an affiliate of a facility that:
(1) Has in place a Phase I program which permits only selective participation in the program and which uses clear-cut criteria to determine eligibility for participation in the program;
(2) Operates a protocol review and monitoring system which conforms to the standards set forth in the Policies and Guidelines Relating to the Cancer-Center Support Grant published by the Cancer Centers Branch of the National Cancer Institute;
(3) Employs at least two researchers and at least one of those researchers receives funding from a federal grant;
(4) Employs at least three clinical investigators who have experience working in Phase I clinical trials or studies conducted at a facility designated as a comprehensive cancer center by the National Cancer Institute;
(5) Possesses specialized resources for use in Phase I clinical trials or studies, including, without limitation, equipment that facilitates research and analysis in proteomics, genomics and pharmacokinetics;
(6) Is capable of gathering, maintaining and reporting electronic data; and
(7) Is capable of responding to audits instituted by federal and state agencies.
(c) Provider of health care means:
(1) A hospital; or
(2) A person licensed pursuant to chapter 630, 631 or 633 of NRS.
Sec. 2. NRS 689B.0306 is hereby amended to read as follows:
689B.0306 1. A policy of group health insurance must provide coverage for medical treatment which a person insured under the group policy receives as part of a clinical trial or study if:
(a) The medical treatment is provided in a Phase I, Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or in a Phase II, Phase III or Phase IV study or clinical trial for the treatment of chronic fatigue syndrome;
(b) The clinical trial or study is approved by:
(1) An agency of the National Institutes of Health as set forth in 42 U.S.C. § 281(b);
(2) A cooperative group;
(3) The Food and Drug Administration as an application for a new investigational drug;
(4) The United States Department of Veterans Affairs; or
(5) The United States Department of Defense;
(c) [The] In the case of:
κ2005 Statutes of Nevada, Page 2013 (CHAPTER 440, SB 29)κ
(1) A Phase I clinical trial or study for the treatment of cancer, the medical treatment is provided at a facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer; or
(2) A Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or chronic fatigue syndrome, the medical treatment is provided by a provider of health care and the facility and personnel for the clinical trial or study have the experience and training to provide the treatment in a capable manner;
(d) There is no medical treatment available which is considered a more appropriate alternative medical treatment than the medical treatment provided in the clinical trial or study;
(e) There is a reasonable expectation based on clinical data that the medical treatment provided in the clinical trial or study will be at least as effective as any other medical treatment;
(f) The clinical trial or study is conducted in this State; and
(g) The insured has signed, before his participation in the clinical trial or study, a statement of consent indicating that he has been informed of, without limitation:
(1) The procedure to be undertaken;
(2) Alternative methods of treatment; and
(3) The risks associated with participation in the clinical trial or study, including, without limitation, the general nature and extent of such risks.
2. Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:
(a) Coverage for any drug or device that is approved for sale by the Food and Drug Administration without regard to whether the approved drug or device has been approved for use in the medical treatment of the insured person.
(b) The cost of any reasonably necessary health care services that are required as a result of the medical treatment provided in [the] a Phase II, Phase III or Phase IV clinical trial or study or as a result of any complication arising out of the medical treatment provided in [the] a Phase II, Phase III or Phase IV clinical trial or study, to the extent that such health care services would otherwise be covered under the policy of group health insurance.
(c) The cost of any routine health care services that would otherwise be covered under the policy of group health insurance for an insured participating in a Phase I clinical trial or study.
(d) The initial consultation to determine whether the insured is eligible to participate in the clinical trial or study.
[(d)] (e) Health care services required for the clinically appropriate monitoring of the insured during [the] a Phase II, Phase III or Phase IV clinical trial or study.
(f) Health care services which are required for the clinically appropriate monitoring of the insured during a Phase I clinical trial or study and which are not directly related to the clinical trial or study.
Κ Except as otherwise provided in NRS 689B.0303, the services provided pursuant to paragraphs (b) , (c), (e) and [(d)] (f) must be covered only if the services are provided by a provider with whom the insurer has contracted for such services. If the insurer has not contracted for the provision of such services, the insurer shall pay the provider the rate of reimbursement that is paid to other providers with whom the insurer has contracted for similar services and the provider shall accept that rate of reimbursement as payment in full.
κ2005 Statutes of Nevada, Page 2014 (CHAPTER 440, SB 29)κ
paid to other providers with whom the insurer has contracted for similar services and the provider shall accept that rate of reimbursement as payment in full.
3. Particular medical treatment described in subsection 2 and provided to a person insured under the group policy is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the person insured under the group policy.
4. The coverage for medical treatment required by this section does not include:
(a) Any portion of the clinical trial or study that is customarily paid for by a government or a biotechnical, pharmaceutical or medical industry.
(b) Coverage for a drug or device described in paragraph (a) of subsection 2 which is paid for by the manufacturer, distributor or provider of the drug or device.
(c) Health care services that are specifically excluded from coverage under the insureds policy of group health insurance, regardless of whether such services are provided under the clinical trial or study.
(d) Health care services that are customarily provided by the sponsors of the clinical trial or study free of charge to the participants in the trial or study.
(e) Extraneous expenses related to participation in the clinical trial or study including, without limitation, travel, housing and other expenses that a participant may incur.
(f) Any expenses incurred by a person who accompanies the insured during the clinical trial or study.
(g) Any item or service that is provided solely to satisfy a need or desire for data collection or analysis that is not directly related to the clinical management of the insured.
(h) Any costs for the management of research relating to the clinical trial or study.
5. An insurer who delivers or issues for delivery a policy of group health insurance specified in subsection 1 [,] may require copies of the approval or certification issued pursuant to paragraph (b) of subsection 1, the statement of consent signed by the insured, protocols for the clinical trial or study and any other materials related to the scope of the clinical trial or study relevant to the coverage of medical treatment pursuant to this section.
6. An insurer who delivers or issues for delivery a policy of group health insurance specified in subsection 1 shall:
(a) Include in the disclosure required pursuant to NRS 689B.027 notice to each group policyholder of the availability of the benefits required by this section.
(b) Provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.
7. A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2004,] 2006, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.
8. An insurer who delivers or issues for delivery a policy of group health insurance specified in subsection 1 is immune from liability for:
κ2005 Statutes of Nevada, Page 2015 (CHAPTER 440, SB 29)κ
(a) Any injury to the insured caused by:
(1) Any medical treatment provided to the insured in connection with his participation in a clinical trial or study described in this section; or
(2) An act or omission by a provider of health care who provides medical treatment or supervises the provision of medical treatment to the insured in connection with his participation in a clinical trial or study described in this section.
(b) Any adverse or unanticipated outcome arising out of an insureds participation in a clinical trial or study described in this section.
9. As used in this section:
(a) Cooperative group means a network of facilities that collaborate on research projects and has established a peer review program approved by the National Institutes of Health. The term includes:
(1) The Clinical Trials Cooperative Group Program; and
(2) The Community Clinical Oncology Program.
(b) Facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer means a facility or an affiliate of a facility that:
(1) Has in place a Phase I program which permits only selective participation in the program and which uses clear-cut criteria to determine eligibility for participation in the program;
(2) Operates a protocol review and monitoring system which conforms to the standards set forth in the Policies and Guidelines Relating to the Cancer-Center Support Grant published by the Cancer Centers Branch of the National Cancer Institute;
(3) Employs at least two researchers and at least one of those researchers receives funding from a federal grant;
(4) Employs at least three clinical investigators who have experience working in Phase I clinical trials or studies conducted at a facility designated as a comprehensive cancer center by the National Cancer Institute;
(5) Possesses specialized resources for use in Phase I clinical trials or studies, including, without limitation, equipment that facilitates research and analysis in proteomics, genomics and pharmacokinetics;
(6) Is capable of gathering, maintaining and reporting electronic data; and
(7) Is capable of responding to audits instituted by federal and state agencies.
(c) Provider of health care means:
(1) A hospital; or
(2) A person licensed pursuant to chapter 630, 631 or 633 of NRS.
Sec. 3. NRS 695B.1903 is hereby amended to read as follows:
695B.1903 1. A policy of health insurance issued by a medical services corporation must provide coverage for medical treatment which a person insured under the policy receives as part of a clinical trial or study if:
(a) The medical treatment is provided in a Phase I, Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or in a Phase II, Phase III or Phase IV study or clinical trial for the treatment of chronic fatigue syndrome;
(b) The clinical trial or study is approved by:
(1) An agency of the National Institutes of Health as set forth in 42 U.S.C. § 281(b);
(2) A cooperative group;
κ2005 Statutes of Nevada, Page 2016 (CHAPTER 440, SB 29)κ
(3) The Food and Drug Administration as an application for a new investigational drug;
(4) The United States Department of Veterans Affairs; or
(5) The United States Department of Defense;
(c) [The] In the case of:
(1) A Phase I clinical trial or study for the treatment of cancer, the medical treatment is provided at a facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer; or
(2) A Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or chronic fatigue syndrome, the medical treatment is provided by a provider of health care and the facility and personnel for the clinical trial or study have the experience and training to provide the treatment in a capable manner;
(d) There is no medical treatment available which is considered a more appropriate alternative medical treatment than the medical treatment provided in the clinical trial or study;
(e) There is a reasonable expectation based on clinical data that the medical treatment provided in the clinical trial or study will be at least as effective as any other medical treatment;
(f) The clinical trial or study is conducted in this State; and
(g) The insured has signed, before his participation in the clinical trial or study, a statement of consent indicating that he has been informed of, without limitation:
(1) The procedure to be undertaken;
(2) Alternative methods of treatment; and
(3) The risks associated with participation in the clinical trial or study, including, without limitation, the general nature and extent of such risks.
2. Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:
(a) Coverage for any drug or device that is approved for sale by the Food and Drug Administration without regard to whether the approved drug or device has been approved for use in the medical treatment of the insured person.
(b) The cost of any reasonably necessary health care services that are required as a result of the medical treatment provided in [the] a Phase II, Phase III or Phase IV clinical trial or study or as a result of any complication arising out of the medical treatment provided in [the] a Phase II, Phase III or Phase IV clinical trial or study, to the extent that such health care services would otherwise be covered under the policy of health insurance.
(c) The cost of any routine health care services that would otherwise be covered under the policy of health insurance for an insured participating in a Phase I clinical trial or study.
(d) The initial consultation to determine whether the insured is eligible to participate in the clinical trial or study.
[(d)] (e) Health care services required for the clinically appropriate monitoring of the insured during [the] a Phase II, Phase III or Phase IV clinical trial or study.
(f) Health care services which are required for the clinically appropriate monitoring of the insured during a Phase I clinical trial or study and which are not directly related to the clinical trial or study.
κ2005 Statutes of Nevada, Page 2017 (CHAPTER 440, SB 29)κ
Κ Except as otherwise provided in NRS 695B.1901, the services provided pursuant to paragraphs (b) , (c), (e) and [(d)] (f) must be covered only if the services are provided by a provider with whom the medical services corporation has contracted for such services. If the medical services corporation has not contracted for the provision of such services, the medical services corporation shall pay the provider the rate of reimbursement that is paid to other providers with whom the medical services corporation has contracted for similar services and the provider shall accept that rate of reimbursement as payment in full.
3. Particular medical treatment described in subsection 2 and provided to a person insured under the policy is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the person insured under the policy.
4. The coverage for medical treatment required by this section does not include:
(a) Any portion of the clinical trial or study that is customarily paid for by a government or a biotechnical, pharmaceutical or medical industry.
(b) Coverage for a drug or device described in paragraph (a) of subsection 2 which is paid for by the manufacturer, distributor or provider of the drug or device.
(c) Health care services that are specifically excluded from coverage under the insureds policy of health insurance, regardless of whether such services are provided under the clinical trial or study.
(d) Health care services that are customarily provided by the sponsors of the clinical trial or study free of charge to the participants in the trial or study.
(e) Extraneous expenses related to participation in the clinical trial or study including, without limitation, travel, housing and other expenses that a participant may incur.
(f) Any expenses incurred by a person who accompanies the insured during the trial or study.
(g) Any item or service that is provided solely to satisfy a need or desire for data collection or analysis that is not directly related to the clinical management of the insured.
(h) Any costs for the management of research relating to the clinical trial or study.
5. A medical services corporation that delivers or issues for delivery a policy of health insurance specified in subsection 1 [,] may require copies of the approval or certification issued pursuant to paragraph (b) of subsection 1, the statement of consent signed by the insured, protocols for the clinical trial or study and any other materials related to the scope of the clinical trial or study relevant to the coverage of medical treatment pursuant to this section.
6. A medical services corporation that delivers or issues for delivery a policy of health insurance specified in subsection 1 shall:
(a) Include in the disclosure required pursuant to NRS 695B.172 notice to each person insured under the policy of the availability of the benefits required by this section.
(b) Provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.
κ2005 Statutes of Nevada, Page 2018 (CHAPTER 440, SB 29)κ
7. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2004,] 2006, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.
8. A medical services corporation that delivers or issues for delivery a policy of health insurance specified in subsection 1 is immune from liability for:
(a) Any injury to the insured caused by:
(1) Any medical treatment provided to the insured in connection with his participation in a clinical trial or study described in this section; or
(2) An act or omission by a provider of health care who provides medical treatment or supervises the provision of medical treatment to the insured in connection with his participation in a clinical trial or study described in this section.
(b) Any adverse or unanticipated outcome arising out of an insureds participation in a clinical trial or study described in this section.
9. As used in this section:
(a) Cooperative group means a network of facilities that collaborate on research projects and has established a peer review program approved by the National Institutes of Health. The term includes:
(1) The Clinical Trials Cooperative Group Program; and
(2) The Community Clinical Oncology Program.
(b) Facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer means a facility or an affiliate of a facility that:
(1) Has in place a Phase I program which permits only selective participation in the program and which uses clear-cut criteria to determine eligibility for participation in the program;
(2) Operates a protocol review and monitoring system which conforms to the standards set forth in the Policies and Guidelines Relating to the Cancer-Center Support Grant published by the Cancer Centers Branch of the National Cancer Institute;
(3) Employs at least two researchers and at least one of those researchers receives funding from a federal grant;
(4) Employs at least three clinical investigators who have experience working in Phase I clinical trials or studies conducted at a facility designated as a comprehensive cancer center by the National Cancer Institute;
(5) Possesses specialized resources for use in Phase I clinical trials or studies, including, without limitation, equipment that facilitates research and analysis in proteomics, genomics and pharmacokinetics;
(6) Is capable of gathering, maintaining and reporting electronic data; and
(7) Is capable of responding to audits instituted by federal and state agencies.
(c) Provider of health care means:
(1) A hospital; or
(2) A person licensed pursuant to chapter 630, 631 [and] or 633 of NRS.
Sec. 4. NRS 695C.1693 is hereby amended to read as follows:
695C.1693 1. Except as otherwise provided in NRS 695C.050, a health care plan issued by a health maintenance organization must provide coverage for medical treatment which an enrollee receives as part of a clinical trial or study if:
κ2005 Statutes of Nevada, Page 2019 (CHAPTER 440, SB 29)κ
coverage for medical treatment which an enrollee receives as part of a clinical trial or study if:
(a) The medical treatment is provided in a Phase I, Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or in a Phase II, Phase III or Phase IV study or clinical trial for the treatment of chronic fatigue syndrome;
(b) The clinical trial or study is approved by:
(1) An agency of the National Institutes of Health as set forth in 42 U.S.C. § 281(b);
(2) A cooperative group;
(3) The Food and Drug Administration as an application for a new investigational drug;
(4) The United States Department of Veterans Affairs; or
(5) The United States Department of Defense;
(c) [The] In the case of:
(1) A Phase I clinical trial or study for the treatment of cancer, the medical treatment is provided at a facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer; or
(2) A Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or chronic fatigue syndrome, the medical treatment is provided by a provider of health care and the facility and personnel for the clinical trial or study have the experience and training to provide the treatment in a capable manner;
(d) There is no medical treatment available which is considered a more appropriate alternative medical treatment than the medical treatment provided in the clinical trial or study;
(e) There is a reasonable expectation based on clinical data that the medical treatment provided in the clinical trial or study will be at least as effective as any other medical treatment;
(f) The clinical trial or study is conducted in this State; and
(g) The enrollee has signed, before his participation in the clinical trial or study, a statement of consent indicating that he has been informed of, without limitation:
(1) The procedure to be undertaken;
(2) Alternative methods of treatment; and
(3) The risks associated with participation in the clinical trial or study, including, without limitation, the general nature and extent of such risks.
2. Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:
(a) Coverage for any drug or device that is approved for sale by the Food and Drug Administration without regard to whether the approved drug or device has been approved for use in the medical treatment of the enrollee.
(b) The cost of any reasonably necessary health care services that are required as a result of the medical treatment provided in [the] a Phase II, Phase III or Phase IV clinical trial or study or as a result of any complication arising out of the medical treatment provided in [the] a Phase II, Phase III or Phase IV clinical trial or study, to the extent that such health care services would otherwise be covered under the health care plan.
(c) The cost of any routine health care services that would otherwise be covered under the health care plan for an enrollee in a Phase I clinical trial or study.
κ2005 Statutes of Nevada, Page 2020 (CHAPTER 440, SB 29)κ
(d) The initial consultation to determine whether the enrollee is eligible to participate in the clinical trial or study.
[(d)] (e) Health care services required for the clinically appropriate monitoring of the enrollee during [the] a Phase II, Phase III or Phase IV clinical trial or study.
(f) Health care services which are required for the clinically appropriate monitoring of the enrollee during a Phase I clinical trial or study and which are not directly related to the clinical trial or study.
Κ Except as otherwise provided in NRS 695C.1691, the services provided pursuant to paragraphs (b) , (c), (e) and [(d)] (f) must be covered only if the services are provided by a provider with whom the health maintenance organization has contracted for such services. If the health maintenance organization has not contracted for the provision of such services, the health maintenance organization shall pay the provider the rate of reimbursement that is paid to other providers with whom the health maintenance organization has contracted for similar services and the provider shall accept that rate of reimbursement as payment in full.
3. Particular medical treatment described in subsection 2 and provided to an enrollee is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the enrollee.
4. The coverage for medical treatment required by this section does not include:
(a) Any portion of the clinical trial or study that is customarily paid for by a government or a biotechnical, pharmaceutical or medical industry.
(b) Coverage for a drug or device described in paragraph (a) of subsection 2 which is paid for by the manufacturer, distributor or provider of the drug or device.
(c) Health care services that are specifically excluded from coverage under the enrollees health care plan, regardless of whether such services are provided under the clinical trial or study.
(d) Health care services that are customarily provided by the sponsors of the clinical trial or study free of charge to the participants in the trial or study.
(e) Extraneous expenses related to participation in the clinical trial or study including, without limitation, travel, housing and other expenses that a participant may incur.
(f) Any expenses incurred by a person who accompanies the enrollee during the clinical trial or study.
(g) Any item or service that is provided solely to satisfy a need or desire for data collection or analysis that is not directly related to the clinical management of the enrollee.
(h) Any costs for the management of research relating to the clinical trial or study.
5. A health maintenance organization that delivers or issues for delivery a health care plan specified in subsection 1 [,] may require copies of the approval or certification issued pursuant to paragraph (b) of subsection 1, the statement of consent signed by the enrollee, protocols for the clinical trial or study and any other materials related to the scope of the clinical trial or study relevant to the coverage of medical treatment pursuant to this section.
6. A health maintenance organization that delivers or issues for delivery a health care plan specified in subsection 1 shall:
κ2005 Statutes of Nevada, Page 2021 (CHAPTER 440, SB 29)κ
(a) Include in the disclosure required pursuant to NRS 695C.193 notice to each enrollee of the availability of the benefits required by this section.
(b) Provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the plan.
7. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2004,] 2006, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.
8. A health maintenance organization that delivers or issues for delivery a health care plan specified in subsection 1 is immune from liability for:
(a) Any injury to an enrollee caused by:
(1) Any medical treatment provided to the enrollee in connection with his participation in a clinical trial or study described in this section; or
(2) An act or omission by a provider of health care who provides medical treatment or supervises the provision of medical treatment to the enrollee in connection with his participation in a clinical trial or study described in this section.
(b) Any adverse or unanticipated outcome arising out of an enrollees participation in a clinical trial or study described in this section.
9. As used in this section:
(a) Cooperative group means a network of facilities that collaborate on research projects and has established a peer review program approved by the National Institutes of Health. The term includes:
(1) The Clinical Trials Cooperative Group Program; and
(2) The Community Clinical Oncology Program.
(b) Facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer means a facility or an affiliate of a facility that:
(1) Has in place a Phase I program which permits only selective participation in the program and which uses clear-cut criteria to determine eligibility for participation in the program;
(2) Operates a protocol review and monitoring system which conforms to the standards set forth in the Policies and Guidelines Relating to the Cancer-Center Support Grant published by the Cancer Centers Branch of the National Cancer Institute;
(3) Employs at least two researchers and at least one of those researchers receives funding from a federal grant;
(4) Employs at least three clinical investigators who have experience working in Phase I clinical trials or studies conducted at a facility designated as a comprehensive cancer center by the National Cancer Institute;
(5) Possesses specialized resources for use in Phase I clinical trials or studies, including, without limitation, equipment that facilitates research and analysis in proteomics, genomics and pharmacokinetics;
(6) Is capable of gathering, maintaining and reporting electronic data; and
(7) Is capable of responding to audits instituted by federal and state agencies.
(c) Provider of health care means:
(1) A hospital; or
(2) A person licensed pursuant to chapter 630, 631 or 633 of NRS.
κ2005 Statutes of Nevada, Page 2022 (CHAPTER 440, SB 29)κ
Sec. 5. NRS 695G.173 is hereby amended to read as follows:
695G.173 1. A health care plan issued by a managed care organization must provide coverage for medical treatment which a person insured under the plan receives as part of a clinical trial or study if:
(a) The medical treatment is provided in a Phase I, Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or in a Phase II, Phase III or Phase IV study or clinical trial for the treatment of chronic fatigue syndrome;
(b) The clinical trial or study is approved by:
(1) An agency of the National Institutes of Health as set forth in 42 U.S.C. § 281(b);
(2) A cooperative group;
(3) The Food and Drug Administration as an application for a new investigational drug;
(4) The United States Department of Veterans Affairs; or
(5) The United States Department of Defense;
(c) [The] In the case of:
(1) A Phase I clinical trial or study for the treatment of cancer, the medical treatment is provided at a facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer; or
(2) A Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or chronic fatigue syndrome, the medical treatment is provided by a provider of health care and the facility and personnel for the clinical trial or study have the experience and training to provide the treatment in a capable manner;
(d) There is no medical treatment available which is considered a more appropriate alternative medical treatment than the medical treatment provided in the clinical trial or study;
(e) There is a reasonable expectation based on clinical data that the medical treatment provided in the clinical trial or study will be at least as effective as any other medical treatment;
(f) The clinical trial or study is conducted in this State; and
(g) The insured has signed, before his participation in the clinical trial or study, a statement of consent indicating that he has been informed of, without limitation:
(1) The procedure to be undertaken;
(2) Alternative methods of treatment; and
(3) The risks associated with participation in the clinical trial or study, including, without limitation, the general nature and extent of such risks.
2. Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:
(a) Coverage for any drug or device that is approved for sale by the Food and Drug Administration without regard to whether the approved drug or device has been approved for use in the medical treatment of the insured.
(b) The cost of any reasonably necessary health care services that are required as a result of the medical treatment provided in [the] a Phase II, Phase III or Phase IV clinical trial or study or as a result of any complication arising out of the medical treatment provided in [the] a Phase II, Phase III or Phase IV clinical trial or study, to the extent that such health care services would otherwise be covered under the health care plan.
κ2005 Statutes of Nevada, Page 2023 (CHAPTER 440, SB 29)κ
(c) The cost of any routine health care services that would otherwise be covered under the health care plan for an insured in a Phase I clinical trial or study.
(d) The initial consultation to determine whether the insured is eligible to participate in the clinical trial or study.
[(d)] (e) Health care services required for the clinically appropriate monitoring of the insured during [the] a Phase II, Phase III or Phase IV clinical trial or study.
(f) Health care services which are required for the clinically appropriate monitoring of the insured during a Phase I clinical trial or study and which are not directly related to the clinical trial or study.
Κ Except as otherwise provided in NRS 695G.164, the services provided pursuant to paragraphs (b) , (c), (e) and [(d)] (f) must be covered only if the services are provided by a provider with whom the managed care organization has contracted for such services. If the managed care organization has not contracted for the provision of such services, the managed care organization shall pay the provider the rate of reimbursement that is paid to other providers with whom the managed care organization has contracted for similar services and the provider shall accept that rate of reimbursement as payment in full.
3. Particular medical treatment described in subsection 2 and provided to a person insured under the plan is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the person insured under the plan.
4. The coverage for medical treatment required by this section does not include:
(a) Any portion of the clinical trial or study that is customarily paid for by a government or a biotechnical, pharmaceutical or medical industry.
(b) Coverage for a drug or device described in paragraph (a) of subsection 2 which is paid for by the manufacturer, distributor or provider of the drug or device.
(c) Health care services that are specifically excluded from coverage under the insureds health care plan, regardless of whether such services are provided under the clinical trial or study.
(d) Health care services that are customarily provided by the sponsors of the clinical trial or study free of charge to the participants in the trial or study.
(e) Extraneous expenses related to participation in the clinical trial or study including, without limitation, travel, housing and other expenses that a participant may incur.
(f) Any expenses incurred by a person who accompanies the insured during the clinical trial or study.
(g) Any item or service that is provided solely to satisfy a need or desire for data collection or analysis that is not directly related to the clinical management of the insured.
(h) Any costs for the management of research relating to the clinical trial or study.
5. A managed care organization that delivers or issues for delivery a health care plan specified in subsection 1 [,] may require copies of the approval or certification issued pursuant to paragraph (b) of subsection 1, the statement of consent signed by the insured, protocols for the clinical trial or study and any other materials related to the scope of the clinical trial or study relevant to the coverage of medical treatment pursuant to this section.
κ2005 Statutes of Nevada, Page 2024 (CHAPTER 440, SB 29)κ
study and any other materials related to the scope of the clinical trial or study relevant to the coverage of medical treatment pursuant to this section.
6. A managed care organization that delivers or issues for delivery a health care plan specified in subsection 1 shall:
(a) Include in the disclosure required pursuant to NRS 695C.193 notice to each person insured under the plan of the availability of the benefits required by this section.
(b) Provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the plan.
7. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2004,] 2006, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.
8. A managed care organization that delivers or issues for delivery a health care plan specified in subsection 1 is immune from liability for:
(a) Any injury to an insured caused by:
(1) Any medical treatment provided to the insured in connection with his participation in a clinical trial or study described in this section; or
(2) An act or omission by a provider of health care who provides medical treatment or supervises the provision of medical treatment to the insured in connection with his participation in a clinical trial or study described in this section.
(b) Any adverse or unanticipated outcome arising out of an insureds particiapation in a clinical trial or study described in this section.
9. As used in this section:
(a) Cooperative group means a network of facilities that collaborate on research projects and has established a peer review program approved by the National Institutes of Health. The term includes:
(1) The Clinical Trials Cooperative Group Program; and
(2) The Community Clinical Oncology Program.
(b) Facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer means a facility or an affiliate of a facility that:
(1) Has in place a Phase I program which permits only selective participation in the program and which uses clear-cut criteria to determine eligibility for participation in the program;
(2) Operates a protocol review and monitoring system which conforms to the standards set forth in the Policies and Guidelines Relating to the Cancer-Center Support Grant published by the Cancer Centers Branch of the National Cancer Institute;
(3) Employs at least two researchers and at least one of those researchers receives funding from a federal grant;
(4) Employs at least three clinical investigators who have experience working in Phase I clinical trials or studies conducted at a facility designated as a comprehensive cancer center by the National Cancer Institute;
(5) Possesses specialized resources for use in Phase I clinical trials or studies, including, without limitation, equipment that facilitates research and analysis in proteomics, genomics and pharmacokinetics;
(6) Is capable of gathering, maintaining and reporting electronic data; and
κ2005 Statutes of Nevada, Page 2025 (CHAPTER 440, SB 29)κ
(7) Is capable of responding to audits instituted by federal and state agencies.
(c) Provider of health care means:
(1) A hospital; or
(2) A person licensed pursuant to chapter 630, 631 or 633 of NRS.
Sec. 6. This act becomes effective on January 1, 2006.
________
Senate Bill No. 400Committee on Natural Resources
CHAPTER 441
AN ACT relating to off-highway vehicles; providing for the issuance of certificates of operation for off-highway vehicles by authorized dealers; prohibiting a person from operating an off-highway vehicle without a certificate of operation under certain circumstances; prohibiting a person from operating an off-highway vehicle on a paved highway under certain circumstances; authorizing a city or county to designate a portion of a highway within the city or county as permissible for the operation of off-highway vehicles for certain purposes; and providing other matters properly relating thereto.
[Approved: June 15, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 360.005 and sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Authorized dealer means a dealer authorized by the Department to issue certificates of operation for off-highway vehicles pursuant to section 7 of this act.
Sec. 4. Highway has the meaning ascribed to it in NRS 482.045.
Sec. 5. Motor vehicle has the meaning ascribed to it in NRS 482.075.
Sec. 6. 1. Off-highway vehicle means a motor vehicle that is designed primarily for off-highway and all-terrain use. The term includes, but is not limited to:
(a) An all-terrain vehicle;
(b) An all-terrain motorcycle;
(c) A dune buggy;
(d) A snowmobile; and
(e) Any motor vehicle used on public lands for the purpose of recreation.
2. The term does not include:
(a) A motor vehicle designed primarily for use in water;
(b) A motor vehicle that is registered by the Department of Motor Vehicles; or
(c) A low-speed vehicle as defined in NRS 484.527.
κ2005 Statutes of Nevada, Page 2026 (CHAPTER 441, SB 400)κ
Sec. 7. 1. Upon the request of a dealer of off-highway vehicles, the Department may authorize the dealer to issue certificates of operation for off-highway vehicles pursuant to subsection 3.
2. Each certificate of operation for an off-highway vehicle issued by an authorized dealer must be in the form of a sticker approved by the Department.
3. An authorized dealer shall:
(a) Upon the sale of an off-highway vehicle, issue to the purchaser of the off-highway vehicle a certificate of operation for the off-highway vehicle;
(b) Upon request, issue a certificate of operation to a person who purchased the off-highway vehicle before January 1, 2006;
(c) Issue a certificate of operation to the owner of an off-highway vehicle that was purchased outside this State on or after January 1, 2006, if the owner:
(1) Requests the certificate of operation; and
(2) Pays or submits evidence satisfactory to the authorized dealer that he has paid all taxes applicable in this State to the purchase of the off-highway vehicle or submits an affidavit indicating that he purchased the vehicle through a private party sale and no tax is due relating to the purchase of the off-highway vehicle;
(d) Comply with the regulations adopted pursuant to subsection 6; and
(e) Bear any cost of equipment which is required to issue certificates of operation, including any computer software or hardware.
4. An authorized dealer is not entitled to receive compensation from the Department for the performance of those services.
5. An authorized dealer shall not charge or collect a fee for issuing a certificate of operation.
6. The Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation, provisions for:
(a) The expedient and secure issuance of certificates of operation by the Department to authorized dealers; and
(b) The revocation of the authorization granted to a dealer pursuant to subsection 1 if the authorized dealer fails to comply with the regulations.
Sec. 8. 1. Except as otherwise provided in subsection 4, a person shall not operate an off-highway vehicle on a highway pursuant to sections 9 to 13, inclusive, of this act unless he has:
(a) Obtained a certificate of operation for the off-highway vehicle; and
(b) Attached the certificate to the off-highway vehicle in the manner specified by the Department.
2. If a certificate of operation for an off-highway vehicle is lost or destroyed, the owner of the off-highway vehicle may request a new certificate of operation from an authorized dealer.
3. If the owner of an off-highway vehicle sells or otherwise transfers ownership of the off-highway vehicle, the certificate of operation remains valid.
4. A certificate of operation is not required for an off-highway vehicle which:
(a) Is owned and operated by:
(1) A federal agency;
(2) An agency of this State; or
κ2005 Statutes of Nevada, Page 2027 (CHAPTER 441, SB 400)κ
(3) A county, incorporated city or unincorporated town in this State;
(b) Is part of the inventory of a dealer of off-highway vehicles;
(c) Is registered or certified in another state and is located in this State for not more than 90 days;
(d) Is used solely for husbandry on private land or on public land that is leased to the owner or operator of the off-highway vehicle; or
(e) Is used for work conducted by or at the direction of a public or private utility.
Sec. 9. Except as otherwise provided in section 10 or 11 of this act:
1. A person shall not, except as otherwise provided in subsection 2 or 3, operate an off-highway vehicle on a paved highway that is not otherwise designated for use by off-highway vehicles.
2. A person may operate an off-highway vehicle on a paved highway that is not otherwise designated for use by off-highway vehicles:
(a) If the off-highway vehicle is operated on the highway for the purpose of crossing the highway, comes to a complete stop before crossing and crosses as close as practicable to perpendicular to the direction of travel on the highway;
(b) If the off-highway vehicle is operated on the highway for the purpose of loading or unloading the off-highway vehicle onto or off of another vehicle or trailer, if the loading or unloading is as close as practicable to the place of operation of the off-highway vehicle;
(c) During an emergency if it is impossible or impracticable to use another vehicle or if a peace officer directs the operation of the off-highway vehicle; or
(d) If the off-highway vehicle is operated on a portion of a highway that is designated as a trail connector for a trail authorized for use by off-highway vehicles for not more than 2 miles.
3. A person may operate an off-highway vehicle on any public land, trail, way or unpaved county road unless prohibited by the governmental entity which has jurisdiction over the public land, trail, way or unpaved county road.
4. A governmental entity specified in subsection 3 may:
(a) Prepare and distribute upon request a map or other document setting forth each area of public land, trail, way or unpaved county road that is prohibited for the operation of off-highway vehicles; and
(b) Erect and maintain signs designating each area of public land, trail, way or unpaved county road that is prohibited for the operation of off-highway vehicles.
Sec. 10. 1. Except as otherwise provided in subsection 2, a city or county may designate any portion of a highway within the city or county as permissible for the operation of off-highway vehicles for the purpose of allowing off-highway vehicles to reach a private or public area that is open for use by off-highway vehicles. If a city or county designates any portion of a state highway as permissible for the operation of off-highway vehicles pursuant to this subsection, the city or county must obtain approval for the designation from the Department of Transportation. The Department of Transportation shall issue a timely decision concerning the request for approval and must not unreasonably deny the request.
κ2005 Statutes of Nevada, Page 2028 (CHAPTER 441, SB 400)κ
2. The highway designated for operation of off-highway vehicles pursuant to subsection 1 may not consist of any portion of an interstate highway.
3. If a city or county designates a highway for the operation of off-highway vehicles, the city or county may adopt an ordinance requiring a person who is less than 16 years of age and who is operating the off-highway vehicle on a designated highway to be under the direct visual supervision of a person who is at least 18 years of age.
4. A person operating an off-highway vehicle on a highway designated for operation of off-highway vehicles pursuant to subsection 1 may not operate the off-highway vehicle on the highway for any purpose other than to travel to or from the private or public area as described in subsection 1.
Sec. 11. 1. Except as otherwise provided in subsection 2, if an off-highway vehicle meets the requirements of sections 2 to 13, inclusive, of this act and the operator holds a valid drivers license and operates the off-highway vehicle in accordance with the requirements of those sections, the off-highway vehicle may be operated on a highway in accordance with sections 9 to 13, inclusive, of this act.
2. An off-highway vehicle may not be operated pursuant to this section:
(a) On an interstate highway;
(b) On a paved highway in this State for more than 2 miles; or
(c) Unless the highway is specifically designated for use by off-highway vehicles in a city whose population is 100,000 or more.
Sec. 12. In addition to the requirements set forth in section 7 of this act, a person shall not operate an off-highway vehicle on a highway pursuant to sections 9 to 13, inclusive, of this act unless the off-highway vehicle has:
1. At least one headlamp that illuminates objects at least 500 feet ahead of the vehicle;
2. At least one tail lamp that is visible from at least 500 feet behind the vehicle;
3. At least one red reflector on the rear of the vehicle, unless the tail lamp is red and reflective;
4. A stop lamp on the rear of the vehicle; and
5. A muffler which is in working order and which is in constant operation when the vehicle is running.
Sec. 13. The operator of an off-highway vehicle that is being driven on a highway in this State in accordance with sections 9 to 13, inclusive, of this act shall:
1. Comply with all traffic laws of this State;
2. Ensure that the certificate of operation for the off-highway vehicle is attached to the vehicle in accordance with section 8 of this act; and
3. Wear a helmet.
Sec. 14. NRS 360.005 is hereby amended to read as follows:
360.005 [As used in this chapter, retailer] Retailer has the meaning ascribed to it in NRS 372.055.
Sec. 15. This act becomes effective on January 1, 2006.
________
κ2005 Statutes of Nevada, Page 2029κ
Senate Bill No. 296Committee on Human Resources and Education
CHAPTER 442
AN ACT relating to children; revising the provisions governing the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child; authorizing an employer to obtain under certain circumstances certain information concerning whether a person has been found to have abused or neglected a child; requiring certain persons to notify an agency which provides child welfare services of newborn infants who are identified as being affected by illegal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure and to refer persons responsible for the welfare of such infants to such agencies for counseling, training and other services; revising the provisions governing when a child is in need of protection because he is affected by alcohol use, illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure; providing a penalty; and providing other matters properly relating thereto.
[Approved: June 15, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this section and NRS 432.100 to 432.130, inclusive, Central Registry means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.
Sec. 2. NRS 432.100 is hereby amended to read as follows:
432.100 1. There is hereby established a Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. This Central Registry must be maintained by [and in the Central Office of] the Division.
2. The Central Registry must contain:
(a) The information in any substantiated report of child abuse or neglect made pursuant to NRS 432B.220 ; [, and the results, if any, of the investigation of the report;]
(b) Statistical information on the protective services provided in this State; and
(c) Any other information which the Division determines to be in furtherance of NRS 432.100 to 432.130, inclusive, and section 1 of this act, and 432B.010 to 432B.400, inclusive.
3. The Division may [designate a county hospital in each county whose population is 100,000 or more as a regional registry for the collection of information concerning the abuse or neglect of a child.] release information contained in the Central Registry to an employer:
(a) If the person who is the subject of a background investigation by the employer provides written authorization for the release of the information; and
κ2005 Statutes of Nevada, Page 2030 (CHAPTER 442, SB 296)κ
(b) Either:
(1) The employer is required by law to conduct the background investigation of the person for employment purposes; or
(2) The person who is the subject of the background investigation could, in the course of his employment, have regular and substantial contact with children or regular and substantial contact with elderly persons who require assistance or care from other persons,
Κ but only to the extent necessary to inform the employer whether the person who is the subject of the background investigation has been found to have abused or neglected a child.
4. Except as otherwise provided in this section or by specific statute, information in the Central Registry may be accessed only by an employee of the Division and by an agency which provides child welfare services.
Sec. 3. NRS 432.110 is hereby amended to read as follows:
432.110 [The]
1. Except as otherwise provided in subsection 2, the Division shall maintain a record of [the] :
(a) The names and identifying data, dates and circumstances of any persons requesting or receiving information from the [central or regional registries and any] Central Registry; and
(b) Any other information which might be helpful in furthering the purposes of NRS 432.100 to 432.130, inclusive, and section 1 of this act, and 432B.010 to 432B.400, inclusive.
2. The Division is not required to maintain a record of information concerning requests for information from or the receipt of information by employees of an agency which provides child welfare services.
Sec. 4. NRS 432.120 is hereby amended to read as follows:
432.120 1. Information contained in the [central or regional registries or obtained for these registries] Central Registry must not be released unless the right of the applicant to the information is confirmed [and] , the information concerning the report of abuse or neglect of the child has been reported pursuant to NRS 432B.310, the released information discloses [the nature of] the disposition of the case [or its current status.
2. Unless an investigation of a report, conducted pursuant to NRS 432.100 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive, reveals some credible evidence of alleged abuse or neglect of a child, all information identifying the subject of a report must be expunged from the central and regional registries at the conclusion of the investigation or within 60 days after the report is filed, whichever occurs first. In all other cases, the record of the substantiated reports] and, if the information is being provided pursuant to subsection 3 of NRS 432.100, the person who is the subject of the background investigation provides written authorization for the release of the information.
2. The information contained in the [central or regional registries] Central Registry concerning cases in which a report of abuse or neglect of a child has been substantiated by an agency which provides child welfare services must be [sealed no] deleted from the Central Registry not later than 10 years after the child who is the subject of the report reaches the age of 18 [.] years.
3. The Division shall adopt regulations to carry out the provisions of this section.
κ2005 Statutes of Nevada, Page 2031 (CHAPTER 442, SB 296)κ
Sec. 5. NRS 432.130 is hereby amended to read as follows:
432.130 Any person who willfully releases data or information contained in the [central or regional registries] Central Registry to unauthorized persons in violation of NRS 432.120 or 432B.290 is guilty of a misdemeanor.
Sec. 6. NRS 432B.160 is hereby amended to read as follows:
432B.160 1. Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who in good faith:
(a) Makes a report pursuant to NRS 432B.220;
(b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;
(c) Allows or takes photographs or X rays pursuant to NRS 432B.270;
(d) Causes a medical test to be performed pursuant to NRS 432B.270;
(e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency which provides child welfare services to the child, a law enforcement agency that participated in the investigation of the report [of abuse or neglect of the child] made pursuant to NRS 432B.220 or the prosecuting attorneys office;
(f) Holds a child pursuant to NRS 432B.400, takes possession of a child pursuant to NRS 432B.630 or places a child in protective custody pursuant to any provision of this chapter;
(g) Performs any act pursuant to subsection 2 of NRS 432B.630;
(h) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or
(i) Participates in a judicial proceeding resulting from a referral or recommendation.
2. The provisions of subsection 1 do not confer any immunity from liability for the negligent performance of any act pursuant to paragraph (b) of subsection 2 of NRS 432B.630.
3. In any proceeding to impose liability against a person for:
(a) Making a report pursuant to NRS 432B.220; or
(b) Performing any act set forth in paragraphs (b) to (i), inclusive, of subsection 1,
Κ there is a presumption that the person acted in good faith.
Sec. 7. NRS 432B.170 is hereby amended to read as follows:
432B.170 Nothing in the provisions of this chapter or NRS 432.100 to 432.130, inclusive, prohibits an agency which provides child welfare services from sharing information with other state or local agencies if:
1. The purpose for sharing the information is for the development of a plan for the care, treatment or supervision of a child who has been abused or neglected , or an infant who is born and has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure or of a person responsible for the childs or infants welfare;
2. The other agency has standards for confidentiality equivalent to those of the agency which provides child welfare services; and
3. Proper safeguards are taken to ensure the confidentiality of the information.
Sec. 8. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. Any person who is described in subsection [3] 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
κ2005 Statutes of Nevada, Page 2032 (CHAPTER 442, SB 296)κ
(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.
(b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3. Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, clinical social worker, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this State . [;]
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital . [;]
(c) A coroner . [;]
(d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession . [;]
(e) A social worker and an administrator, teacher, librarian or counselor of a school . [;]
κ2005 Statutes of Nevada, Page 2033 (CHAPTER 442, SB 296)κ
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child . [;]
(g) Any person licensed to conduct a foster home . [;]
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer . [;]
(i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect . [;]
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met . [;]
(k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, approved youth shelter has the meaning ascribed to it in NRS 244.422 . [; and]
(l) Any adult person who is employed by an entity that provides organized activities for children.
[4.] 5. A report may be made by any other person.
[5.] 6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides child welfare services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
Sec. 9. NRS 432B.230 is hereby amended to read as follows:
432B.230 1. A person may make a report pursuant to NRS 432B.220 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.
2. The report must contain the following information, if obtainable:
(a) The name, address, age and sex of the child;
(b) The name and address of the childs parents or other person responsible for his care;
(c) The nature and extent of the abuse or neglect of the child [;] , the effect of prenatal illegal substance abuse on the newborn infant or the nature of the withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;
(d) Any evidence of previously known or suspected [abuse] :
(1) Abuse or neglect of the child or the childs siblings; or
(2) Effects of prenatal illegal substance abuse on or evidence of withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;
(e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and
(f) Any other information known to the person making the report that the agency which provides child welfare services considers necessary.
κ2005 Statutes of Nevada, Page 2034 (CHAPTER 442, SB 296)κ
Sec. 10. NRS 432B.260 is hereby amended to read as follows:
432B.260 1. Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify an agency which provides child welfare services of any report it receives.
2. Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:
(a) The child is 5 years of age or younger;
(b) There is a high risk of serious harm to the child; or
(c) The child is living in a household in which another child has died, or the child is seriously injured or has visible signs of physical abuse.
3. Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides child welfare services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:
(a) The child is not in imminent danger of harm;
(b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens his immediate health or safety;
(c) The alleged abuse or neglect of the child or the alleged effect of prenatal illegal substance abuse on or the withdrawal symptoms resulting from prenatal drug exposure of the newborn infant could be eliminated if the child and his family receive or participate in social or health services offered in the community, or both; or
(d) The agency determines that the:
(1) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment, including, without limitation, spanking or paddling; and
(2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.
4. If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.
5. Except as otherwise provided in this subsection, if the agency determines that an investigation is not warranted, the agency may, as appropriate:
(a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person who has entered into an agreement with the agency to provide those services; or
(b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person who has entered into a written agreement with the agency to make such an assessment.
Κ If an agency determines that an investigation is not warranted for the reason set forth in paragraph (d) of subsection 3, the agency shall take no further action in regard to the matter and shall [expunge] delete all references to the matter from its records.
κ2005 Statutes of Nevada, Page 2035 (CHAPTER 442, SB 296)κ
further action in regard to the matter and shall [expunge] delete all references to the matter from its records.
6. If an agency which provides child welfare services enters into an agreement with a person to provide services to a child or his family pursuant to subsection 5, the agency shall require the person to notify the agency if the child or his family refuse or fail to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.
7. An agency which provides child welfare services that determines that an investigation is not warranted may, at any time, reverse that determination and initiate an investigation.
8. An agency which provides child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.
Sec. 11. NRS 432B.290 is hereby amended to read as follows:
432B.290 1. Except as otherwise provided in subsections 2, 5 and 6 and NRS 432B.513, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:
(a) A physician, if the physician has before him a child who he has reasonable cause to believe has been abused or neglected;
(b) A person authorized to place a child in protective custody, if the person has before him a child who he has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;
(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the welfare of the child;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;
(e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;
(g) The attorney and the guardian ad litem of the child;
(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
(i) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;
(j) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;
(k) A team organized pursuant to NRS 432B.350 for the protection of a child;
(l) A team organized pursuant to NRS 432B.405 to review the death of a child;
κ2005 Statutes of Nevada, Page 2036 (CHAPTER 442, SB 296)κ
(m) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;
(n) The persons who are the subject of a report;
(o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;
(p) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized, by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, Legislator or a member of his family is not the person alleged to have committed the abuse or neglect;
(q) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;
(r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;
(s) The Rural Advisory Board to Expedite Proceedings for the Placement of Children created pursuant to NRS 432B.602 or a local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604; [or]
(t) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services [.] ; or
(u) An employer in accordance with subsection 3 of NRS 432.100.
2. Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of a report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:
(a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;
(b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and
(c) Such other information as is authorized for disclosure by a court pursuant to subsection 4.
3. An agency which provides child welfare services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning a report.
4. Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.
κ2005 Statutes of Nevada, Page 2037 (CHAPTER 442, SB 296)κ
good cause is shown by the petitioner for the disclosure of the additional information.
5. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.
6. An agency which provides child welfare services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.
7. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating legal proceedings; or
(c) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,
Κ who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.
8. The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.
Sec. 12. NRS 432B.310 is hereby amended to read as follows:
432B.310 1. Except as otherwise provided in subsection 5 of NRS 432B.260, the agency investigating a report of abuse or neglect of a child shall, upon completing the investigation, report to the Central Registry:
[1.] (a) Identifying and demographic information on the child alleged to be abused or neglected, his parents, any other person responsible for his welfare and the person allegedly responsible for the abuse or neglect;
[2.] (b) The facts of the alleged abuse or neglect, including the date and type of alleged abuse or neglect, the manner in which the abuse was inflicted and the severity of the injuries; and
[3.] (c) The disposition of the case.
2. An agency which provides child welfare services shall not report to the Central Registry any information concerning a child identified as being affected by prenatal illegal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure unless the agency determines that a person has abused or neglected the child.
3. As used in this section, Central Registry has the meaning ascribed to it in section 1 of this act.
κ2005 Statutes of Nevada, Page 2038 (CHAPTER 442, SB 296)κ
Sec. 13. NRS 432B.330 is hereby amended to read as follows:
432B.330 1. A child is in need of protection if:
(a) He has been abandoned by a person responsible for his welfare;
(b) [He is suffering from congenital drug addiction or fetal alcohol syndrome because of the faults or habits of a person responsible for his welfare;
(c)] He has been subjected to abuse or neglect by a person responsible for his welfare;
[(d)] (c) He is in the care of a person responsible for his welfare and another child has died as a result of abuse or neglect by that person;
[(e)] (d) He has been placed for care or adoption in violation of law; or
[(f)] (e) He has been delivered to a provider of emergency services pursuant to NRS 432B.630.
2. A child may be in need of protection if the person responsible for his welfare:
(a) Is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity;
(b) Fails, although he is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child:
(1) Food, clothing or shelter necessary for the childs health or safety;
(2) Education as required by law; or
(3) Adequate medical care; or
(c) Has been responsible for the abuse or neglect of a child who has resided with that person.
3. A child may be in need of protection if the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.
4. A child may be in need of protection if he is identified as being affected by prenatal illegal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure.
Sec. 14. NRS 432B.400 is hereby amended to read as follows:
432B.400 A physician treating a child or a person in charge of a hospital or similar institution may hold a child for no more than 24 hours if there is reasonable cause to believe that the child has been abused or neglected or has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure and that he is in danger of further harm if released. The physician or other person shall immediately notify a law enforcement agency or an agency which provides child welfare services that he is holding the child.
Sec. 15. As soon as practicable after October 1, 2005, each county hospital that was designated as a regional registry for the collection of information concerning the abuse or neglect of a child pursuant to NRS 432.100 shall transfer any information that the county hospital collected for that purpose to the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.
________
κ2005 Statutes of Nevada, Page 2039κ
Assembly Bill No. 550Committee on Judiciary
CHAPTER 443
AN ACT relating to crimes; revising the provisions governing when one offense involving the use of intoxicating liquor and controlled substances occurs within 7 years of another offense; making admissible in certain criminal proceedings the results of blood tests administered by phlebotomists or persons with special knowledge, skill, training and education in withdrawing blood in a medically acceptable manner; making mandatory the use of ignition interlock devices by persons convicted of certain offenses; limiting the admissibility of certain affidavits or declarations in certain criminal proceedings; and providing other matters properly relating thereto.
[Approved: June 15, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. Unless a greater penalty is provided pursuant to NRS 484.3795, a person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:
(1) Except as otherwise provided in subparagraph (4) or subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379;
(3) Fine him not less than $400 nor more than $1,000; and
(4) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court shall:
(1) Sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;
(2) Fine him not less than $750 nor more than $1,000, or order him to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and
κ2005 Statutes of Nevada, Page 2040 (CHAPTER 443, AB 550)κ
(3) Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
Κ A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this subsection is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a drivers license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
κ2005 Statutes of Nevada, Page 2041 (CHAPTER 443, AB 550)κ
substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order,
Κ and the court shall notify the Department if the person fails to complete the assigned course within the specified time.
7. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
8. For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation must be excluded.
9. As used in this section, unless the context otherwise requires:
(a) Concentration of alcohol of 0.18 or more in his blood or breath means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.
(b) Offense means:
(1) A violation of NRS 484.379 or 484.3795;
(2) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1) or (2).
(c) Treatment facility has the meaning ascribed to it in NRS 484.3793.
Sec. 2. NRS 484.393 is hereby amended to read as follows:
484.393 1. The results of any blood test administered under the provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of acts alleged to have been committed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 unless:
(a) The blood tested was withdrawn by a person, other than an arresting officer, who:
(1) Is a physician, physician assistant, registered nurse, licensed practical nurse, emergency medical technician or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or
(2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction described in subsection 2 of NRS 652.127; and
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma . [;and
κ2005 Statutes of Nevada, Page 2042 (CHAPTER 443, AB 550)κ
(c) The person who withdrew the blood was authorized to do so by the appropriate medical licensing or certifying agency.]
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.
Sec. 3. NRS 484.3943 is hereby amended to read as follows:
484.3943 1. Except as otherwise provided in [subsection] subsections 2 and 5, a court:
(a) May order a person convicted of a first or second violation of NRS 484.379 [,] if the person is found to have had a concentration of alcohol of less than 0.18 in his blood or breath, for a period of not less than 3 months nor more than 6 months [; and] , to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of his driving privilege.
(b) Shall order a person convicted of [a] :
(1) A first or second violation of NRS 484.379 if the person is found to have had a concentration of alcohol of 0.18 or more in his blood or breath;
(2) A third or subsequent violation of NRS 484.379 [or a] ; or
(3) A violation of NRS 484.3795,
Κ for a period of not less than 12 months nor more than 36 months, to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to [subsection 3 of] NRS 483.490 [.] or as a condition of reinstatement of his driving privilege.
2. A court may [order a person convicted of a violation of NRS 484.379 or 484.3795, for a period determined by the court, to install at his own expense a device in any motor vehicle which he owns or operates as a condition of reinstatement of his driving privilege.] provide for an exception to the provisions of subparagraph (1) of paragraph (b) of subsection 1 for a person who is convicted of a first violation of NRS 484.379 to avoid undue hardship to the person if the court determines that:
(a) Requiring the person to install a device in a motor vehicle which the person owns or operates would cause the person to experience an economic hardship; and
(b) The person requires the use of the motor vehicle to:
(1) Travel to and from work or in the course and scope of his employment;
(2) Obtain medicine, food or other necessities or to obtain health care services for himself or another member of his immediate family; or
(3) Transport himself or another member of his immediate family to or from school.
3. If the court orders a person to install a device pursuant to subsection 1 [or 2:] :
(a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that a device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted as a restriction on the persons drivers license.
κ2005 Statutes of Nevada, Page 2043 (CHAPTER 443, AB 550)κ
(b) The person who is required to install the device shall provide proof of compliance to the Department before he may receive a restricted license or before his driving privilege may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the Committee on Testing for Intoxication.
4. A person whose driving privilege is restricted pursuant to this section shall:
(a) If he was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time during the period in which he is required to use the device; or
(b) If he was ordered to install a device pursuant to paragraph (b) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time each 90 days,
Κ to determine whether the device is operating properly. An inspection required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484.3888. The manufacturer or its agent shall submit a report to the Director indicating whether the device is operating properly and whether it has been tampered with. If the device has been tampered with, the Director shall notify the court that ordered the installation of the device.
5. If a person is required to operate a motor vehicle in the course and scope of his employment and the motor vehicle is owned by his employer, the person may operate that vehicle without the installation of a device, if:
(a) The employee notifies his employer that the employees driving privilege has been so restricted; and
(b) The employee has proof of that notification in his possession or the notice, or a facsimile copy thereof, is with the motor vehicle.
Κ This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.
6. The running of the period during which a person is required to have a device installed pursuant to this section commences when the Department issues a restricted license to him or reinstates his driving privilege and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484.379 or 484.3795, imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation.
7. As used in this section:
(a) Concentration of alcohol of 0.18 or more in his blood or breath means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.
(b) Concentration of alcohol of less than 0.18 in his blood or breath means less than 0.18 gram of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.
(c) Treatment facility has the meaning ascribed to it in NRS 484.3793.
Sec. 4. NRS 488.500 is hereby amended to read as follows:
488.500 1. The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of acts alleged to have been committed by a person who was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 488.410 or 488.420 unless:
κ2005 Statutes of Nevada, Page 2044 (CHAPTER 443, AB 550)κ
while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 488.410 or 488.420 unless:
(a) The blood tested was withdrawn by a person, other than an arresting officer, who:
(1) Is a physician, registered nurse, licensed practical nurse, emergency medical technician or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or
(2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction described in subsection 2 of NRS 652.127; and
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma . [; and
(c) The person who withdrew the blood was authorized to do so by the appropriate licensing or certifying agency.]
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.
Sec. 5. NRS 50.315 is hereby amended to read as follows:
50.315 1. [Except as otherwise provided in subsections 6 and 7, the] The affidavit or declaration of a person is admissible in evidence in any [criminal] grand jury hearing, preliminary hearing or administrative proceeding to prove:
(a) That the affiant or declarant has been certified by the Director of the Department of Public Safety as being competent to operate devices of a type certified by the Committee on Testing for Intoxication as accurate and reliable for testing a persons breath to determine the concentration of alcohol in his breath;
(b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and
(c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.
2. [Except as otherwise provided in subsections 6 and 7, the] The affidavit or declaration of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing anothers breath to determine the concentration of alcohol in his breath is admissible in evidence in any [criminal] grand jury hearing, preliminary hearing or administrative proceeding to prove:
(a) The occupation of the affiant or declarant; and
(b) That the solution or gas has the chemical composition necessary for accurately calibrating it.
3. [Except as otherwise provided in subsections 6 and 7, the] The affidavit or declaration of a person who calibrates a device for testing anothers breath to determine the concentration of alcohol in his breath is admissible in evidence in any [criminal] grand jury hearing, preliminary hearing or administrative proceeding to prove:
κ2005 Statutes of Nevada, Page 2045 (CHAPTER 443, AB 550)κ
(a) The occupation of the affiant or declarant;
(b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the Committee on Testing for Intoxication;
(c) That the calibration was performed within the period required by the Committees regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
4. [Except as otherwise provided in subsections 6 and 7, the] The affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any [criminal] grand jury hearing, preliminary hearing or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The identity of the person from whom the affiant or declarant withdrew the sample;
(c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The identity of the person to whom the affiant or declarant delivered it.
5. [Except as otherwise provided in subsections 6 and 7, the] The affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance may be admitted in any [criminal,] grand jury hearing, preliminary hearing or civil or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
(c) The identity of the person to whom the affiant or declarant delivered it.
6. [If, at or before the time of the trial, the defendant establishes that:
(a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and
(b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,
Κ the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.
7. During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.
8.] The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
κ2005 Statutes of Nevada, Page 2046 (CHAPTER 443, AB 550)κ
Sec. 6. NRS 50.320 is hereby amended to read as follows:
50.320 1. The affidavit or declaration of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison, organic solvent or another prohibited substance, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:
(a) The quantity of the purported controlled substance; or
(b) The concentration of alcohol or the presence or absence of a controlled substance, chemical, poison, organic solvent or another prohibited substance, as the case may be,
Κ is admissible in the manner provided in this section.
2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.
3. [The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.
4.] The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 7. NRS 50.325 is hereby amended to read as follows:
50.325 1. If a person is charged with an offense listed in subsection 4, and it is necessary to prove:
(a) The existence of any alcohol;
(b) The quantity of a controlled substance; or
(c) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance,
Κ the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the [trial or] preliminary hearing or hearing before a grand jury concerning the offense. [Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence.
2. If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the]
2. The affidavit or declaration must be admitted into evidence upon submission. [If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:
(a) Made at least 10 days before the date set for the trial;
(b) Sent to the defendants counsel and to the defendant, by registered or certified mail by the prosecuting attorney; and
(c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.]
3. The provisions of this section do not prohibit either party from producing any witness to offer testimony at [trial.] a preliminary hearing or hearing before a grand jury.
κ2005 Statutes of Nevada, Page 2047 (CHAPTER 443, AB 550)κ
4. The provisions of this section apply to any of the following offenses:
(a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.
(b) An offense punishable pursuant to chapter 453, 484 or 488 of NRS.
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420.
(d) Any other offense for which it is necessary to prove, as an element of the offense:
(1) The existence of any alcohol;
(2) The quantity of a controlled substance; or
(3) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance.
________
Assembly Bill No. 176Assemblymen McClain, Koivisto, Giunchigliani, Parnell, Ohrenschall, Arberry Jr., Atkinson, Buckley, Claborn, Denis, Gerhardt, Hogan, Kirkpatrick, Leslie, Manendo, Marvel, McCleary, Munford, Oceguera, Parks, Perkins, Pierce, Smith and Weber
CHAPTER 444
AN ACT relating to public health; revising provisions governing the reserve and allocation of revenue in the Fund for a Healthy Nevada; and providing other matters properly relating thereto.
[Approved: June 15, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.620 is hereby amended to read as follows:
439.620 1. The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:
(a) Fifty percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Fifty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.
2. The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:
(a) Shall maintain the financial records of the Fund;
(b) Shall invest the money in the Fund as the money in other state funds is invested;
(c) Shall manage any account associated with the Fund;
(d) Shall maintain any instruments that evidence investments made with the money in the Fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
κ2005 Statutes of Nevada, Page 2048 (CHAPTER 444, AB 176)κ
(f) May perform any other duties necessary to administer the Fund.
3. The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.
4. Upon receiving a request from the State Treasurer or the Department for an allocation for administrative expenses from the Fund pursuant to this section, the Task Force for the Fund for a Healthy Nevada shall consider the request within 45 days after receipt of the request. If the Task Force approves the amount requested for allocation, the Task Force shall notify the State Treasurer of the allocation. If the Task Force does not approve the requested allocation within 45 days after receipt of the request, the State Treasurer or the Department, as applicable, may submit its request for allocation to the Interim Finance Committee. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund, whether allocated by the Task Force or the Interim Finance Committee must not exceed:
(a) Not more than 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; and
(b) Not more than 3 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging Services Division of the Department, to carry out its duties set forth in NRS 439.625 to 439.690, inclusive.
Κ For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.
5. The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.
6. All money that is deposited or paid into the Fund is hereby appropriated to the Department and, except as otherwise provided in paragraphs (c), (d) , (e) and [(h)] (j) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the Task Force for the Fund for a Healthy Nevada. Money expended from the Fund for a Healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.
Sec. 2. NRS 439.630 is hereby amended to read as follows:
439.630 1. The Task Force for the Fund for a Healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and
(5) Offer other general or specific information on health care in this State.
κ2005 Statutes of Nevada, Page 2049 (CHAPTER 444, AB 176)κ
(b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive, and to fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745. From the money reserved to the Department pursuant to this paragraph, the Department may subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive, and fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive, and administering any program established pursuant to NRS 422.274 or 422.2745. The Department shall submit a quarterly report to the Governor, the Task Force for the Fund for a Healthy Nevada and the Interim Finance Committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
(d) Reserve not more than 30 percent minus [$200,000] $350,000 of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
Κ The Aging Services Division of the Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada concerning the independent living needs of senior citizens.
(e) Reserve not more than $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Director to:
(1) Provide guaranteed funding to finance assisted living facilities that satisfy the criteria for certification set forth in section 3 of Assembly Bill No. 248 of this Session; and
(2) Fund assisted living facilities that satisfy the criteria for certification set forth in section 3 of Assembly Bill No. 248 of this Session and assisted living supportive services that are provided pursuant to the provisions of the home and community-based services waiver which are amended pursuant to section 4 of Assembly Bill No. 248 of this Session.
Κ The Director shall develop policies and procedures for allocating money which is reserved pursuant to this paragraph.
(f) Reserve $150,000 of all revenues deposited in the Fund for a Healthy Nevada each year if available for allocation by the Aging Services Division of the Department in the form of contracts or grants for existing or new programs that provide dental benefits to persons who are domiciled in this State and are 62 years of age or older:
κ2005 Statutes of Nevada, Page 2050 (CHAPTER 444, AB 176)κ
(1) Who satisfy the residency requirement set forth in subsection 2 of NRS 439.665;
(2) Whose incomes are not over the amounts set forth in subsection 2 of NRS 439.665, as adjusted pursuant to the provisions of that section.
(g) Allocate, by contract or grant, for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.
[(g)] (h) Allocate, by contract or grant, for expenditure not more than 10 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children.
[(h)] (i) Allocate, by contract or grant, for expenditure not more than 7.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Task Force shall, to the extent practicable, allocate the money evenly among the following three types of programs:
(1) Programs that provide respite for persons caring for persons with disabilities;
(2) Programs that provide positive behavioral supports to persons with disabilities; and
(3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.
[(i)] (j) Reserve not more than 2.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to fund in whole or in part any program established pursuant to NRS 422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in administering any program established pursuant to NRS 422.2745.
[(j)] (k) Maximize expenditures through local, federal and private matching contributions.
[(k)] (l) Ensure that any money expended from the Fund for a Healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.
[(l)] (m) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.
[(m)] (n) To make the allocations required by paragraphs [(f), (g) and (h):] (g), (h) and (i):
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept applications for allocations;
(3) Conduct annual evaluations of programs to which allocations have been awarded; and
(4) Submit annual reports concerning the programs to the Governor and the Interim Finance Committee.
[(n)] (o) Transmit a report of all findings, recommendations and expenditures to the Governor and each regular session of the Legislature.
κ2005 Statutes of Nevada, Page 2051 (CHAPTER 444, AB 176)κ
2. The Task Force may take such other actions as are necessary to carry out its duties.
3. The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.
4. To make the allocations required by [paragraph] paragraphs (d) and (f) of subsection 1, the Aging Services Division of the Department shall:
(a) Prioritize and quantify the needs of senior citizens for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;
(d) Award grants , contracts or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the [grant program] allocations made by the Aging Services Division pursuant to paragraphs (d) and (f) of subsection 1 to the Governor and the Interim Finance Committee.
5. The Aging Services Division of the Department shall submit each proposed grant or contract which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant or contract is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive, or to pay for any program established pursuant to NRS 422.274 or 422.2745.
6. The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph [(f), (g) or (h)] (g), (h) or (i) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the contract or grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
Sec. 3. Section 2 of Assembly Bill No. 248 of this Session is hereby amended to read as follows:
Sec. 2. NRS 439.630 is hereby amended to read as follows:
439.630 1. The Task Force for the Fund for a Healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and
κ2005 Statutes of Nevada, Page 2052 (CHAPTER 444, AB 176)κ
(5) Offer other general or specific information on health care in this State.
(b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive, and to fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745. From the money reserved to the Department pursuant to this paragraph, the Department may subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive, and fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive, and administering any program established pursuant to NRS 422.274 or 422.2745. The Department shall submit a quarterly report to the Governor, the Task Force for the Fund for a Healthy Nevada and the Interim Finance Committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
(d) Reserve not more than 30 percent minus [$50,000] $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
Κ The Aging Services Division of the Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada concerning the independent living needs of senior citizens.
(e) Reserve not more than [$50,000] $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Director to:
(1) Provide guaranteed funding to finance assisted living facilities that satisfy the criteria for certification set forth in section 3 of Assembly Bill No. 248 of this [act;] session; and
(2) Fund assisted living facilities that satisfy the criteria for certification set forth in section 3 of Assembly Bill No. 248 of this [act] session and assisted living supportive services that are provided pursuant to the provisions of the home and community-based services waiver which are amended pursuant to section 4 of Assembly Bill No. 248 of this [act.] session.
κ2005 Statutes of Nevada, Page 2053 (CHAPTER 444, AB 176)κ
Κ The Director shall develop policies and procedures for allocating money which is reserved pursuant to this paragraph.
(f) Allocate, by contract or grant, for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.
(g) Allocate, by contract or grant, for expenditure not more than 10 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children.
(h) Allocate, by contract or grant, for expenditure not more than 7.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Task Force shall, to the extent practicable, allocate the money evenly among the following three types of programs:
(1) Programs that provide respite for persons caring for persons with disabilities;
(2) Programs that provide positive behavioral supports to persons with disabilities; and
(3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.
(i) Reserve not more than 2.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to fund in whole or in part any program established pursuant to NRS 422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in administering any program established pursuant to NRS 422.2745.
(j) Maximize expenditures through local, federal and private matching contributions.
(k) Ensure that any money expended from the Fund for a Healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.
(l) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.
(m) To make the allocations required by paragraphs (f), (g) and (h):
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept applications for allocations;
(3) Conduct annual evaluations of programs to which allocations have been awarded; and
(4) Submit annual reports concerning the programs to the Governor and the Interim Finance Committee.
κ2005 Statutes of Nevada, Page 2054 (CHAPTER 444, AB 176)κ
(n) Transmit a report of all findings, recommendations and expenditures to the Governor and each regular session of the Legislature.
2. The Task Force may take such other actions as are necessary to carry out its duties.
3. The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.
4. To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:
(a) Prioritize and quantify the needs of senior citizens for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;
(d) Award grants or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the grant program to the Governor and the Interim Finance Committee.
5. The Aging Services Division of the Department shall submit each proposed grant which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive, or to pay for any program established pursuant to NRS 422.274 or 422.2745.
6. The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph (f), (g) or (h) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the contract or grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
Sec. 4. 1. This section and section 3 of this act become effective upon passage and approval.
2. Sections 1 and 2 of this act become effective on July 1, 2005.
________
Senate Bill No. 390Committee on Taxation
CHAPTER 445
AN ACT relating to transfers of real property; making various changes regarding the applicability and administration of certain taxes on transfers of real property; and providing other matters properly relating thereto.
κ2005 Statutes of Nevada, Page 2055 (CHAPTER 445, SB 390)κ
transfers of real property; and providing other matters properly relating thereto.
[Approved: June 15, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 375 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A county recorder who has any question of law regarding the imposition or collection of any tax imposed by this chapter shall request an opinion from the district attorney pursuant to NRS 252.160. The district attorney shall request an opinion on the question from the Attorney General pursuant to NRS 228.150 if:
(a) The county recorder informs the district attorney that there is a conflict between the opinions of two or more district attorneys in this State on the question; or
(b) The district attorney:
(1) Chooses not to render an opinion on the question; or
(2) Determines that he will not be able to render an opinion on the question within a reasonable time.
2. A county recorder shall not delay the recordation of any document pending the issuance of an opinion requested from the Attorney General pursuant to subsection 1 if the appropriate fees and taxes, as determined by the county recorder, have been paid.
3. If, according to an opinion issued by the Attorney General in response to a request submitted pursuant to subsection 1, the amount of any taxes received by a county recorder differs from the amount required by law, the county recorder shall cause the notice required by NRS 375.280 to be given to the taxpayer.
Sec. 2. NRS 375.010 is hereby amended to read as follows:
375.010 1. The following terms, wherever used or referred to in this chapter, have the following meaning unless a different meaning clearly appears in the context:
(a) Buyer means a person or other legal entity acquiring title to any estate or present interest in real property in this State by deed, including, without limitation, a grantee or other transferee of real property.
(b) Deed means every instrument in writing, [except a last will and testament,] whatever its form [,] and by whatever name it is known in law, by which title to any estate or present interest in real property, including a water right, permit, certificate or application, is conveyed or transferred to, and vested in, another person, [but] except that the term does not include [a] :
(1) A lease for any term of years [, an easement, a] ;
(2) An easement;
(3) A deed of trust or common-law mortgage instrument that encumbers real property [, an] ;
(4) A last will and testament;
(5) A distribution of the separate property of a decedent pursuant to chapter 134 of NRS;
(6) An affidavit of a surviving tenant [or a] ;
κ2005 Statutes of Nevada, Page 2056 (CHAPTER 445, SB 390)κ
(7) A conveyance of a right-of-way [.] ; or
(8) A conveyance of an interest in gas, oil or minerals.
(c) Escrow means the delivery of a deed by the seller into the hands of a third person, including an attorney, title company, real estate broker or other person engaged in the business of administering escrows for compensation, to be held by the third person until the happening of a contingency or performance of a condition, and then to be delivered by the third person to the buyer.
(d) Seller means a person or other legal entity transferring title to any estate or present interest in real property in this State by deed, including, without limitation, a grantor or other transferor of real property.
(e) Value means:
(1) In the case of any deed which is not a gift, the amount of the full purchase price paid or to be paid for the real property.
(2) In the case of a gift, or any deed with nominal consideration or without stated consideration, the estimated fair market value of the property.
2. As used in paragraph (e) of subsection 1, estimated fair market value means the estimated price the real property would bring on the open market in a sale between a willing buyer and a willing seller. Such price may be derived from the assessors taxable value or the prior purchase price, if the prior purchase was within the 5 years immediately preceding the date of valuation, whichever is higher.
Sec. 3. NRS 375.023 is hereby amended to read as follows:
375.023 1. In addition to all other taxes imposed on transfers of real property, a tax, at the rate of $1.30 on each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed exceeds $100.
2. The amount of the tax must be computed on the basis of the value of the transferred property as declared pursuant to NRS 375.060.
3. The county recorder of each county shall collect the tax in the manner provided in NRS 375.030, except that the amount collected must be transmitted to the State Controller for deposit in the State General Fund within 30 days after the end of the calendar quarter during which the tax was collected.
4. The county recorder of [a county :
(a) Whose population is 100,000 or more may deduct and withhold from the taxes collected 0.2 percent of those taxes to reimburse the county for the cost of collecting the tax.
(b) Whose population is less than 100,000] each county may deduct and withhold from the taxes collected 1 percent of those taxes to reimburse the county for the cost of collecting the tax.
Sec. 4. NRS 375.060 is hereby amended to read as follows:
375.060 1. Each deed evidencing a transfer of title of real property that is presented for recordation to the county recorder must be accompanied by a declaration of value made on a form prescribed by the Nevada Tax Commission.
2. A county recorder shall not charge or collect any fees for recording the declaration of value required pursuant to this section.
κ2005 Statutes of Nevada, Page 2057 (CHAPTER 445, SB 390)κ
Sec. 5. NRS 375.090 is hereby amended to read as follows:
375.090 The taxes imposed by NRS 375.020, 375.023 and 375.026 do not apply to:
1. A mere change in identity, form or place of organization, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation if the affiliated corporation has identical common ownership.
2. A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of lineal consanguinity or affinity.
6. A transfer of title between [spouses, including gifts, or to effect a property settlement agreement or between] former spouses in compliance with a decree of divorce.
[6.] 7. A transfer of title to or from a trust without consideration if a certificate of trust is presented at the time of transfer.
[7.] 8. Transfers, assignments or conveyances of unpatented mines or mining claims.
[8.] 9. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
[9. A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.]
10. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.;
(b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or
(c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act,
Κ if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
11. The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
(a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;
(b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and
(c) The transfer or conveyance is made in obedience to the order.
κ2005 Statutes of Nevada, Page 2058 (CHAPTER 445, SB 390)κ
12. A transfer to an educational foundation. As used in this subsection, educational foundation has the meaning ascribed to it in subsection 3 of NRS 388.750.
13. A transfer to a university foundation. As used in this subsection, university foundation has the meaning ascribed to it in subsection 3 of NRS 396.405.
Sec. 6. NRS 247.305 is hereby amended to read as follows:
247.305 1. If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise , unless prohibited by NRS 375.060, county recorders shall charge and collect the following fees:
For recording any document, for the first page......................................... $10
For each additional page.............................................................................. 1
For recording each portion of a document which must be separately indexed, after the first indexing................................................................................................... 3
For copying any record, for each page............................................................ 1
For certifying, including certificate and seal................................................... 4
For a certified copy of a certificate of marriage.......................................... 10
For a certified abstract of a certificate of marriage.................................... 10
2. Except as otherwise provided in this subsection [,] and NRS 375.060, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay [to the county treasurer] the amount of fees collected by him pursuant to this subsection to the county treasurer for credit to the account established pursuant to NRS 247.306.
3. Except as otherwise provided in this subsection [,] and NRS 375.060, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay [to the county treasurer] the amount of fees collected by him pursuant to this subsection [.] to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him pursuant to this subsection to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 423.137.
4. Except as otherwise provided in this subsection, subsection 5 or by specific statute, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $25 for recording any document that does not meet the standards set forth in subsection 3 of NRS 247.110. A county recorder shall not charge the additional fee authorized by this subsection for recording a document that is exempt from the provisions of subsection 3 of NRS 247.110.