[Rev. 2/6/2019 1:58:27 PM]
κ2011 Statutes of Nevada, Page 861κ
Senate Bill No. 167Senator Leslie
CHAPTER 188
[Approved: June 1, 2011]
AN ACT relating to the protection of children; authorizing an agency which provides child welfare services to make available reports of the abuse or neglect of children under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes an agency which provides child welfare services to release data or information concerning reports of the abuse or neglect of a child to certain persons. (NRS 432B.290) This bill authorizes such data and information relating to a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, to be released to: (1) the court which has jurisdiction over the proceeding; (2) the person who filed or intends to file the petition; (3) the proposed guardian or proposed successor guardian; (4) the parent or guardian of the child; and (5) the child, if he or she is at least 14 years of age.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.290 is hereby amended to read as follows:
432B.290 1. Except as otherwise provided in subsections 2 and 3 and NRS 432B.165, 432B.175 and 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 or her a child who the physician 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 or her a child who the person 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] Except as otherwise provided in paragraph (f), 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 court as defined in NRS 159.015 to determine whether a guardian or successor guardian of a child should be appointed pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive;
(g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;
κ2011 Statutes of Nevada, Page 862 (CHAPTER 188, SB 167)κ
[(g)] (h) The attorney and the guardian ad litem of the child;
[(h)] (i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential;
(j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential;
(k) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
[(i)] (l) 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)] (m) 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)] (n) A team organized pursuant to NRS 432B.350 for the protection of a child;
[(l)] (o) A team organized pursuant to NRS 432B.405 to review the death of a child;
[(m)] (p) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential;
[(n)] (q) The child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if:
(1) The child is 14 years of age or older; and
(2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential;
(r) The persons who are the subject of a report;
[(o)] (s) 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)] (t) 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 the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;
κ2011 Statutes of Nevada, Page 863 (CHAPTER 188, SB 167)κ
[(q)] (u) 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)] (v) 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)] (w) 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;
[(t)] (x) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services; or
[(u)] (y) An employer in accordance with subsection 3 of NRS 432.100.
2. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.
3. An agency which provides 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.
4. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating legal proceedings; or
(c) An employee of the Division of Parole and Probation of the Department of 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, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.
5. The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.
Sec. 2. This act becomes effective on July 1, 2011.
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κ2011 Statutes of Nevada, Page 864κ
Senate Bill No. 390Committee on Legislative Operations and Elections
CHAPTER 189
[Approved: June 1, 2011]
AN ACT relating to elections; revising provisions relating to the statewide voter registration list; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Secretary of State to establish and maintain an official statewide voter registration list, which, among other requirements, must be coordinated with appropriate databases of other state agencies and must allow for data to be shared with other states. (NRS 293.675) This bill authorizes the Secretary of State to enter into agreements with state agencies pursuant to which the state agencies provide to the Secretary of State any information that the Secretary of State deems necessary for the maintenance of that list. This bill also authorizes the Secretary of State to provide information requested by the chief election officer of another state if the Secretary of State is satisfied that the information will be used only for the maintenance of a voter registration list in that state. Additionally, this bill authorizes the Secretary of State to request from another state any information that the Secretary of State deems necessary for the maintenance of the voter registration list in this State.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.675 is hereby amended to read as follows:
293.675 1. The Secretary of State shall establish and maintain an official statewide voter registration list, which may be maintained on the Internet, in consultation with each county and city clerk.
2. The statewide voter registration list must:
(a) Be a uniform, centralized and interactive computerized list;
(b) Serve as the single method for storing and managing the official list of registered voters in this State;
(c) Serve as the official list of registered voters for the conduct of all elections in this State;
(d) Contain the name and registration information of every legally registered voter in this State;
(e) Include a unique identifier assigned by the Secretary of State to each legally registered voter in this State;
(f) [Be] Except as otherwise provided in subsection 6, be coordinated with the appropriate databases of other agencies in this State;
(g) Be electronically accessible to each state and local election official in this State at all times;
(h) [Allow] Except as otherwise provided in subsection 7, allow for data to be shared with other states under certain circumstances; and
(i) Be regularly maintained to ensure the integrity of the registration process and the election process.
κ2011 Statutes of Nevada, Page 865 (CHAPTER 189, SB 390)κ
3. Each county and city clerk shall:
(a) Electronically enter into the statewide voter registration list all information related to voter registration obtained by the county or city clerk at the time the information is provided to the county or city clerk; and
(b) Provide the Secretary of State with information concerning the voter registration of the county or city and other reasonable information requested by the Secretary of State in the form required by the Secretary of State to establish or maintain the statewide voter registration list.
4. In establishing and maintaining the statewide voter registration list, the Secretary of State shall enter into a cooperative agreement with the Department of Motor Vehicles to match information in the database of the statewide voter registration list with information in the appropriate database of the Department of Motor Vehicles to verify the accuracy of the information in an application to register to vote.
5. The Department of Motor Vehicles shall enter into an agreement with the Social Security Administration pursuant to 42 U.S.C. § 15483, to verify the accuracy of information in an application to register to vote.
6. Except as otherwise provided in NRS 481.063 or any provision of law providing for the confidentiality of information, the Secretary of State may enter into an agreement with an agency of this State pursuant to which the agency provides to the Secretary of State any information in the possession of the agency that the Secretary of State deems necessary to maintain the statewide voter registration list.
7. The Secretary of State may:
(a) Request from the chief officer of elections of another state any information which the Secretary of State deems necessary to maintain the statewide voter registration list; and
(b) Provide to the chief officer of elections of another state any information which is requested and which the Secretary of State deems necessary for the chief officer of elections of that state to maintain a voter registration list, if the Secretary of State is satisfied that the information provided pursuant to this paragraph will be used only for the maintenance of that voter registration list.
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κ2011 Statutes of Nevada, Page 866κ
Senate Bill No. 353Senator Leslie
CHAPTER 190
[Approved: June 1, 2011]
AN ACT relating to secondhand dealers; exempting a person who engages in the business of buying and selling coins and collectibles from state and local regulation as a secondhand dealer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a person who engages in the business of selling coins and collectibles is subject to certain state and local provisions governing secondhand dealers, including certain licensing, record-keeping, reporting and penalty provisions. (NRS 244.3485, 268.0974, 647.110-647.132, 647.140, 647.145) This bill exempts a person who engages in the business of buying and selling coins and collectibles from state and local regulation as a secondhand dealer.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 647.018 is hereby amended to read as follows:
647.018 1. Secondhand dealer means any person engaged in whole or in part in the business of buying and selling metal junk, melted metals or secondhand personal property, other than antiques , [and] used books, [including, without limitation,] coins and collectibles.
2. The term does not include a person who engages in the business of buying or selling secondhand firearms or any antique parts, accessories or other equipment relating to those firearms if:
(a) The person engages in that business at a show that:
(1) Is held at:
(I) A convention facility which is owned or operated by and located on the premises of a resort hotel; or
(II) A recreational facility which is owned or operated by a county fair and recreation board; and
(2) Is conducted for not more than 7 days during any 6-month period; and
(b) The person has been issued a license as a manufacturer, importer, dealer or collector pursuant to the provisions of 18 U.S.C. § 923.
Sec. 2. This act becomes effective on July 1, 2011.
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κ2011 Statutes of Nevada, Page 867κ
Senate Bill No. 368Senators Parks and Leslie (by request)
CHAPTER 191
[Approved: June 1, 2011]
AN ACT relating to housing; prohibiting discrimination in housing and certain other transactions involving real property on the basis of sexual orientation or gender identity or expression; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law, commonly referred to as the Nevada Fair Housing Law, prohibits discrimination in housing, including selling or renting a dwelling, on the basis of race, religious creed, color, national origin, disability, ancestry, familial status or sex. The Nevada Fair Housing Law further provides a process and remedies to enforce the law if a person engages in such discrimination, which includes the authority to file a complaint with the Nevada Equal Rights Commission and to file an action in court to obtain an injunction and civil damages. (NRS 118.010-118.120, chapter 233 of NRS) Existing law further makes it a crime to engage in such discrimination as a basis to refuse to rent, lease, sell or otherwise convey property, or to deny a real estate loan or engage in certain other practices relating to such a loan. (NRS 207.300, 207.310) Existing law also makes it a crime for a real estate broker or salesperson to engage in such discrimination with respect to certain real estate transactions and makes a real estate appraiser subject to disciplinary action for refusing to prepare or communicate an appraisal based upon such discrimination. (NRS 645.321, 645C.480) This bill expands those prohibitions and crimes to include such discriminatory practices based upon sexual orientation or gender identity or expression.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth.
Sec. 3. Sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
Sec. 4. NRS 118.010 is hereby amended to read as follows:
118.010 The provisions of NRS 118.010 to 118.120, inclusive, and sections 2 and 3 of this act may be cited as the Nevada Fair Housing Law.
Sec. 5. NRS 118.020 is hereby amended to read as follows:
118.020 1. It is hereby declared to be the public policy of the State of Nevada that all people in the State have equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex.
2. Nothing in this chapter shall be deemed to render enforceable a conveyance or other contract made by a person who lacks the capacity to contract.
κ2011 Statutes of Nevada, Page 868 (CHAPTER 191, SB 368)κ
Sec. 6. NRS 118.030 is hereby amended to read as follows:
118.030 As used in NRS 118.010 to 118.120, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 118.040 to 118.090, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 118.095 is hereby amended to read as follows:
118.095 The Commission may adopt regulations, consistent with the fair housing provisions of 42 U.S.C. §§ 3601 et seq., to carry out the provisions of NRS 118.010 to 118.120, inclusive [.] , and sections 2 and 3 of this act.
Sec. 8. NRS 118.100 is hereby amended to read as follows:
118.100 [1. Except as otherwise provided in subsection 2, a] A person shall not, because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex:
[(a)] 1. Refuse to sell or rent or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person.
[(b)] 2. Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, including the amount of breakage or brokerage fees, deposits or other undue penalties, or in the provision of services or facilities in connection therewith.
[(c)] 3. Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination, or an intention to make any preference, limitation or discrimination. As used in this [paragraph,] subsection, dwelling includes a house, room or unit described in subsection 2 or 3 of NRS 118.060.
[(d)] 4. Represent to any person because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex that any dwelling is not available for inspection, sale or rental when the dwelling is in fact so available.
[(e)] 5. For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex.
[(f)] 6. Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected in this chapter.
[2. The provisions of subsection 1 do not prohibit any act that is not prohibited by the provisions of the Fair Housing Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended.]
Sec. 9. NRS 118.115 is hereby amended to read as follows:
118.115 A tenant has a defense in a summary proceeding or other action for possession of a dwelling if the landlords attempt to terminate the tenancy or regain possession violates any provision of NRS 118.010 to 118.120, inclusive, and sections 2 and 3 of this act or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq.
κ2011 Statutes of Nevada, Page 869 (CHAPTER 191, SB 368)κ
Sec. 10. NRS 118A.510 is hereby amended to read as follows:
118A.510 1. Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if:
(a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of that code;
(b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation of this chapter or of a specific statute that imposes a criminal penalty;
(c) The tenant has organized or become a member of a tenants union or similar organization;
(d) A citation has been issued resulting from a complaint described in paragraph (a);
(e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in which the tenant raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units;
(f) The tenant has failed or refused to give written consent to a regulation adopted by the landlord, after the tenant enters into the rental agreement, which requires the landlord to wait until the appropriate time has elapsed before it is enforceable against the tenant; or
(g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, and sections 2 and 3 of this act or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., or has otherwise exercised rights which are guaranteed or protected under those laws.
2. If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.
3. A landlord who acts under the circumstances described in subsection 1 does not violate that subsection if:
(a) The violation of the applicable building, housing or health code of which the tenant complained was caused primarily by the lack of reasonable care by the tenant, a member of his or her household or other person on the premises with his or her consent;
(b) The tenancy is terminated with cause;
(c) A citation has been issued and compliance with the applicable building, housing or health code requires alteration, remodeling or demolition and cannot be accomplished unless the tenants dwelling unit is vacant; or
(d) The increase in rent applies in a uniform manner to all tenants.
Κ The maintenance of an action under this subsection does not prevent the tenant from seeking damages or injunctive relief for the landlords failure to comply with the rental agreement or maintain the dwelling unit in a habitable condition as required by this chapter.
κ2011 Statutes of Nevada, Page 870 (CHAPTER 191, SB 368)κ
Sec. 11. NRS 207.297 is hereby amended to read as follows:
207.297 As used in NRS 207.300 and 207.310:
1. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
2. Familial status means the fact that a person:
(a) Lives with a child under the age of 18 and has:
(1) Lawful custody of the child; or
(2) Written permission to live with the child from the person who has lawful custody of the child;
(b) Is pregnant; or
(c) Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.
3. Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth.
4. Sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
Sec. 12. NRS 207.300 is hereby amended to read as follows:
207.300 It is unlawful for any person to refuse to rent, lease, sell or otherwise convey any real property solely because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex.
Sec. 13. NRS 207.310 is hereby amended to read as follows:
207.310 1. As used in this section:
(a) Customer means a person who applies for a loan or other financial assistance to purchase, construct, improve or repair a dwelling. The term includes a person who does not intend to enter into a transaction for a loan or other financial assistance, but applies for the loan or financial assistance as if the person intended to enter into the transaction.
(b) Lender means a bank, savings and loan association, insurance company or other person whose business consists in whole or in part of making commercial real estate loans.
2. It is unlawful for any lender to deny a loan, or other financial assistance rendered by the lender, to any customer or to discriminate against any customer in fixing the amount, conditions, duration, rate of interest or other terms of a loan or other financial assistance or to refuse to purchase a loan from another lender because of the race, color, religious creed, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex of:
(a) The customer;
(b) Any person associated with the customer in connection with the loan or other financial assistance or with the purpose of the loan or other financial assistance; or
(c) The present or prospective owners, lessees, tenants or occupants of the dwelling in relation to which the loan or other financial assistance is to be made or given.
κ2011 Statutes of Nevada, Page 871 (CHAPTER 191, SB 368)κ
3. A person who violates the provisions of this section is guilty of:
(a) A misdemeanor for the first and second offenses.
(b) A gross misdemeanor for the third and subsequent offenses.
Sec. 14. NRS 233.010 is hereby amended to read as follows:
233.010 1. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek, obtain and hold employment [and housing accommodations] without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, national origin or ancestry.
2. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and obtain housing accommodations without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry.
3. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, national origin or ancestry.
[3.] 4. It is recognized that the people of this State should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this State.
Sec. 15. NRS 233.020 is hereby amended to read as follows:
233.020 As used in this chapter:
1. Administrator means the Administrator of the Commission.
2. Commission means the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation.
3. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
4. Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth.
5. Member means a member of the Nevada Equal Rights Commission.
[5.] 6. Sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
Sec. 16. NRS 233.150 is hereby amended to read as follows:
233.150 The Commission may:
1. Order its Administrator to:
(a) With regard to public accommodation, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, national origin or ancestry, and may conduct hearings with regard thereto.
κ2011 Statutes of Nevada, Page 872 (CHAPTER 191, SB 368)κ
(b) With regard to employment , [and housing,] investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, national origin or ancestry, and may conduct hearings with regard thereto.
(c) With regard to housing, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry, and may conduct hearings with regard thereto.
2. Mediate between or reconcile the persons or groups involved in those tensions, practices and acts.
3. Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the Commission.
4. Delegate its power to hold hearings and issue subpoenas to any of its members or any hearing officer in its employ.
5. Adopt reasonable regulations necessary for the Commission to carry out the functions assigned to it by law.
Sec. 17. NRS 645.321 is hereby amended to read as follows:
645.321 1. It is unlawful, on account of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex, to:
(a) Discriminate against any person:
(1) By denying the person access to or membership or participation in any multiple-listing service, real estate brokers organization or other service or facility relating to the sale or rental of dwellings; or
(2) In the terms or conditions of such access, membership or participation.
(b) Discriminate against any person:
(1) By denying the person access to any opportunity to engage in a transaction regarding residential real estate; or
(2) In the terms or conditions of such a transaction.
2. Any person violating the provisions of subsection 1 shall be punished by a fine of $500 for the first offense and for the second offense shall show cause why his or her license should not be revoked by the Commission.
3. As used in this section:
(a) Disability means, with respect to a person:
(1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
(b) Familial status means the fact that a person:
(1) Lives with a child under the age of 18 and has:
(I) Lawful custody of the child; or
(II) Written permission to live with the child from the person who has lawful custody of the child;
κ2011 Statutes of Nevada, Page 873 (CHAPTER 191, SB 368)κ
(2) Is pregnant; or
(3) Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.
(c) Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth.
(d) Sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
Sec. 18. NRS 645C.480 is hereby amended to read as follows:
645C.480 1. A certified or licensed appraiser is guilty of unprofessional conduct if the certified or licensed appraiser:
(a) Fails to produce any document, book or record in his or her possession or under his or her control after being requested to do so by the Division as part of its investigation of a complaint;
(b) Refuses to prepare or communicate an appraisal because of age, race, color, national origin, disability, sexual orientation, gender identity or expression, familial status, sex or ethnic group; or
(c) Fails to supervise adequately an intern associated with him or her.
2. As used in this section:
(a) Disability means, with respect to a person:
(1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
(b) Familial status means the fact that a person:
(1) Lives with a child under the age of 18 and has:
(I) Lawful custody of the child; or
(II) Written permission to live with the child from the person who has lawful custody of the child;
(2) Is pregnant; or
(3) Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.
(c) Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth.
(d) Sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
________
κ2011 Statutes of Nevada, Page 874κ
Senate Bill No. 331Senators Leslie and Parks
Joint Sponsor: Assemblyman Aizley
CHAPTER 192
[Approved: June 1, 2011]
AN ACT relating to public accommodations; revising provisions relating to unlawful discrimination based on sex and gender identity or expression in places of public accommodation; providing that certain promotions or marketing of places of public accommodation are not unlawful or grounds for a civil action; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Nevada has declared as its public policy the right of all people to have access to places of public accommodation without discrimination based on race, religious creed, color, age, sex, disability, sexual orientation, national origin or ancestry, and section 6 of this bill extends that public policy to discrimination based on gender identity or expression. Existing law provides that all persons have the right to full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation without discrimination or segregation based on race, color, religion, national origin, disability or sexual orientation. (NRS 651.070) Section 3 of this bill provides the same protection from discrimination or segregation based on sex or gender identity or expression in places of public accommodation. A person who withholds, denies or deprives any other person of this right, intimidates, threatens or coerces any other person for the purpose of interfering with this right or punishes any other person for exercising this right is guilty of a misdemeanor. (NRS 651.080) Section 1 of this bill provides that it is not unlawful or a ground for a civil action for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation.
Existing law authorizes the Nevada Equal Rights Commission to investigate practices of discrimination in places of public accommodation and authorizes a person who believes he or she has been discriminated against based on race, color, religion, national origin, disability or sexual orientation to file a complaint with the Commission. (NRS 233.150, 651.110) Section 8 of this bill authorizes the Commission additionally to investigate practices of discrimination based on gender identity or expression. Section 4 of this bill authorizes a person who believes he or she has been discriminated against based on sex or gender identity or expression to file a complaint with the Commission. Section 5 of this bill provides that it is not an unlawful discriminatory practice in public accommodations for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 651 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provision of NRS 651.050 to 651.110, inclusive, it is not unlawful and is not a ground for a civil action for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation.
κ2011 Statutes of Nevada, Page 875 (CHAPTER 192, SB 331)κ
place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation.
2. As used in this section, place of public accommodation has the meaning ascribed to it in NRS 651.050.
Sec. 2. NRS 651.050 is hereby amended to read as follows:
651.050 As used in NRS 651.050 to 651.110, inclusive, unless the context otherwise requires:
1. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
2. Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth.
3. Place of public accommodation means:
(a) Any inn, hotel, motel or other establishment which provides lodging to transient guests, except an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of the establishment as the proprietors residence;
(b) Any restaurant, bar, cafeteria, lunchroom, lunch counter, soda fountain, casino or any other facility where food or spirituous or malt liquors are sold, including any such facility located on the premises of any retail establishment;
(c) Any gasoline station;
(d) Any motion picture house, theater, concert hall, sports arena or other place of exhibition or entertainment;
(e) Any auditorium, convention center, lecture hall, stadium or other place of public gathering;
(f) Any bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment;
(g) Any laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, office of an accountant or lawyer, pharmacy, insurance office, office of a provider of health care, hospital or other service establishment;
(h) Any terminal, depot or other station used for specified public transportation;
(i) Any museum, library, gallery or other place of public display or collection;
(j) Any park, zoo, amusement park or other place of recreation;
(k) Any nursery, private school or university or other place of education;
(l) Any day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service establishment;
(m) Any gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation;
(n) Any other establishment or place to which the public is invited or which is intended for public use; and
(o) Any establishment physically containing or contained within any of the establishments described in paragraphs (a) to (n), inclusive, which holds itself out as serving patrons of the described establishment.
κ2011 Statutes of Nevada, Page 876 (CHAPTER 192, SB 331)κ
[3.] 4. Sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
Sec. 3. NRS 651.070 is hereby amended to read as follows:
651.070 All persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin, disability , [or] sexual orientation [.] , sex, gender identity or expression.
Sec. 4. NRS 651.110 is hereby amended to read as follows:
651.110 Any person who believes he or she has been denied full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation because of discrimination or segregation based on race, color, religion, national origin, disability , [or] sexual orientation , sex, gender identity or expression may file a complaint to that effect with the Nevada Equal Rights Commission.
Sec. 5. Chapter 233 of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any provision of this chapter, it is not an unlawful discriminatory practice in public accommodations for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation.
Sec. 6. NRS 233.010 is hereby amended to read as follows:
233.010 1. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek, obtain and hold employment and housing accommodations without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, national origin or ancestry.
2. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, national origin , [or] ancestry [.] , gender identity or expression.
3. It is recognized that the people of this State should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this State.
Sec. 7. NRS 233.020 is hereby amended to read as follows:
233.020 As used in this chapter:
1. Administrator means the Administrator of the Commission.
2. Commission means the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation.
3. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
κ2011 Statutes of Nevada, Page 877 (CHAPTER 192, SB 331)κ
4. Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth.
5. Member means a member of the Nevada Equal Rights Commission.
[5.] 6. Sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
Sec. 8. NRS 233.150 is hereby amended to read as follows:
233.150 The Commission may:
1. Order its Administrator to:
(a) With regard to public accommodation, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, national origin , [or] ancestry, gender identity or expression and may conduct hearings with regard thereto.
(b) With regard to employment and housing, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, national origin or ancestry, and may conduct hearings with regard thereto.
2. Mediate between or reconcile the persons or groups involved in those tensions, practices and acts.
3. Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the Commission.
4. Delegate its power to hold hearings and issue subpoenas to any of its members or any hearing officer in its employ.
5. Adopt reasonable regulations necessary for the Commission to carry out the functions assigned to it by law.
________
Senate Bill No. 328Senator Horsford
CHAPTER 193
[Approved: June 1, 2011]
AN ACT relating to compensation; exempting creative professionals from requirements relating to compensation for overtime; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires employers to pay an employee compensation for overtime, but exempts certain kinds of employees, including employees who are employed in a bona fide professional capacity. (NRS 608.018)
This bill revises the definition of professional to include creative professionals, as described in federal law, who are not employees of a contractor within the kinds of employees who are exempt from the overtime requirement.
κ2011 Statutes of Nevada, Page 878 (CHAPTER 193, SB 328)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 608.0116 is hereby amended to read as follows:
608.0116 Professional means pertaining to [an] :
1. An employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, 645G and 656A of NRS.
2. A creative professional as described in 29 C.F.R. § 541.302 who is not an employee of a contractor as that term is defined in NRS 624.020.
Sec. 2. This act becomes effective on July 1, 2011.
________
Senate Bill No. 196Committee on Education
CHAPTER 194
[Approved: June 1, 2011]
AN ACT relating to education; removing the restriction on the number of empowerment schools that may be established statewide; removing the prospective expiration of the Program of Empowerment Schools; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Program of Empowerment Schools and imposes a cap on the number of empowerment schools that may be established statewide of 100 schools. (NRS 386.700-386.780) Section 1 of this bill removes the cap.
Existing law provides for the prospective expiration of the Program of Empowerment Schools on June 30, 2011. (Section 20 of chapter 530, Statutes of Nevada 2007, p. 3285) Section 3 of this bill removes the prospective expiration of the Program.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 386.720 is hereby amended to read as follows:
386.720 1. There is hereby established a Program of Empowerment Schools for public schools within this State. The Program does not include a university school for profoundly gifted pupils.
2. [Except as otherwise provided in this subsection, the] The board of trustees of a school district which is located:
(a) In a county whose population is less than 100,000 may approve public schools located within the school district to operate as empowerment schools.
(b) In a county whose population is 100,000 or more shall approve not less than 5 percent of the schools located within the school district to operate as empowerment schools.
κ2011 Statutes of Nevada, Page 879 (CHAPTER 194, SB 196)κ
[Κ The total number of schools which operate as empowerment schools in this State must not exceed 100 schools. The Department shall adopt procedures to ensure compliance with the provisions of this subsection.]
3. The board of trustees of a school district which participates in the Program of Empowerment Schools shall, on or before September 1 of each year, provide notice to the Department of the number of schools within the school district that are approved to operate as empowerment schools for that school year.
4. The board of trustees of a school district that participates in the Program of Empowerment Schools may create a design team for the school district. If such a design team is created, the membership of the design team must consist of the following persons appointed by the board of trustees:
(a) At least one representative of the board of trustees;
(b) The superintendent of the school district, or the superintendents designee;
(c) Parents and legal guardians of pupils enrolled in public schools in the school district;
(d) Teachers and other educational personnel employed by the school district, including, without limitation, school administrators;
(e) Representatives of organizations that represent teachers and other educational personnel;
(f) Representatives of the community in which the school district is located and representatives of businesses within the community; and
(g) Such other members as the board of trustees determines are necessary.
5. If a design team is created for a school district, the design team shall:
(a) Recommend policies and procedures relating to empowerment schools to the board of trustees of the school district; and
(b) Advise the board of trustees on issues relating to empowerment schools.
6. The board of trustees of a school district may accept gifts, grants and donations from any source for the support of the empowerment schools within the school district.
Sec. 2. (Deleted by amendment.)
Sec. 3. Section 20 of chapter 530, Statutes of Nevada 2007, at page 3285, is hereby amended to read as follows:
Sec. 20. This act becomes effective on July 1, 2007 . [, and expires by limitation on June 30, 2011.]
Sec. 4. (Deleted by amendment.)
Sec. 5. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 880κ
Senate Bill No. 157Senators Wiener, Horsford, Denis, Parks, Breeden; Copening, Leslie and Manendo
CHAPTER 195
[Approved: June 1, 2011]
AN ACT relating to elections; authorizing the donation of unspent campaign contributions to a governmental entity or fund of this State or a political subdivision of this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the manner in which a candidate for a state, district, county, city or township office, whether elected or not, is required to dispose of campaign contributions that were not spent or committed for expenditure before the election. (NRS 294A.160) This bill authorizes a candidate to donate unspent campaign contributions to any governmental entity or fund of this State or a political subdivision of this State and allows the candidate to request that such donations be used for a specific purpose.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 294A.160 is hereby amended to read as follows:
294A.160 1. It is unlawful for a candidate to spend money received as a campaign contribution for the candidates personal use.
2. Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall [:] dispose of the money through one or any combination of the following methods:
(a) Return the unspent money to contributors;
(b) Use the money in the candidates next election or for the payment of other expenses related to public office or his or her campaign, regardless of whether he or she is a candidate for a different office in the candidates next election;
(c) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(d) Donate the money to any tax-exempt nonprofit entity; or
(e) [Dispose of the money in any combination of the methods provided in paragraphs (a) to (d), inclusive.] Donate the money to any governmental entity or fund of this State or a political subdivision of this State.
κ2011 Statutes of Nevada, Page 881 (CHAPTER 195, SB 157)κ
entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.
3. Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who is not elected to that office and received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall, not later than the 15th day of the second month after the candidates defeat [:] , dispose of the money through one or any combination of the following methods:
(a) Return the unspent money to contributors;
(b) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(c) Donate the money to any tax-exempt nonprofit entity; or
(d) [Dispose of the money in any combination of the methods provided in paragraphs (a), (b) and (c).] Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.
4. Every candidate for a state, district, county, city or township office who is defeated at a primary or primary city election and received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after the candidates defeat, return any money in excess of $5,000 to the contributor.
5. Every public officer who:
(a) Holds a state, district, county, city or township office;
(b) Does not run for reelection and is not a candidate for any other office; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
Κ shall, not later than the 15th day of the second month after the expiration of the public officers term of office, dispose of those contributions in the manner provided in subsection 3.
6. In addition to the methods for disposing the unspent money set forth in subsections 2, 3 and 4, a Legislator may donate not more than $500 of that money to the Nevada Silver Haired Legislative Forum created pursuant to NRS 427A.320.
7. Any contributions received before a candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election dies that were not spent or committed for expenditure before the death of the candidate must be disposed of in the manner provided in subsection 3.
κ2011 Statutes of Nevada, Page 882 (CHAPTER 195, SB 157)κ
8. The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.
9. As used in this section, contributions include any interest and other income earned thereon.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 137Committee on Government Affairs
CHAPTER 196
[Approved: June 1, 2011]
AN ACT relating to local governmental planning; providing for the construction of additional bus turnouts at certain locations in certain counties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the regional transportation commission in a county whose population is 400,000 or more (currently Clark County) was required to designate, on or before December 31, 2009, 10 bus stops at which a bus turnout — an area for loading and unloading passengers outside of the lanes of traffic — must be constructed by December 31, 2012. Such a bus turnout must be constructed on land owned by the State or a local government. The commission must fund the construction of the bus turnout. (NRS 278.02587)
Section 1 of this bill requires the regional transportation commission in a county whose population is 700,000 or more (currently Clark County) to designate, on or before December 31, 2011, 15 additional bus stops at which a bus turnout must be constructed by December 31, 2014. Such a bus turnout must be constructed on land owned by the State or a local government. The commission must fund the construction of the bus turnout. Section 1 also requires the commission to establish a technical advisory committee to work cooperatively with utility companies and franchise holders who may be impacted by the construction of a bus turnout. Section 2 of this bill requires the regional transportation commission in a county whose population is 700,000 or more to report to the Legislature on the designation and construction of bus turnouts before the 77th Session of the Legislature convenes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.02587 is hereby amended to read as follows:
278.02587 1. Not later than December 31, 2009:
(a) Except as otherwise provided in subsection [5,] 7, the commission shall designate 10 locations in the county that are owned by the State or by local governments and at which a bus turnout must be constructed pursuant to this section; and
(b) For each location designated pursuant to paragraph (a), the commission and the State or the local government that owns the location shall execute an interlocal or cooperative agreement that authorizes the construction of a bus turnout at the location.
κ2011 Statutes of Nevada, Page 883 (CHAPTER 196, SB 137)κ
2. For each location designated pursuant to subsection 1, the commission and the State or the local government that owns the location shall ensure that a bus turnout is constructed not later than December 31, 2012.
3. Not later than December 31, 2011:
(a) Except as otherwise provided in subsection 7, the commission shall designate 15 locations in the county that are owned by the State or by local governments and at which a bus turnout must be constructed pursuant to this section; and
(b) For each location designated pursuant to paragraph (a), the commission and the State or the local government that owns the location shall execute an interlocal or cooperative agreement that authorizes the construction of a bus turnout at the location.
4. For each location designated pursuant to subsection 3, the commission and the State or the local government that owns the location shall ensure that a bus turnout is constructed not later than December 31, 2014.
5. The commission shall fund the construction of a bus turnout built pursuant to this section.
[4.] 6. When determining the locations to be designated pursuant to subsection 1 [,] or 3, the commission shall consider, without limitation:
(a) The amount of traffic congestion at the location during hours of peak traffic;
(b) The extent of improvements to the location that would need to be completed before the bus turnout could be constructed;
(c) The proximity of the location to an intersection;
(d) The frequency with which buses receive and discharge passengers at the location;
(e) The number of bus passengers regularly using the bus stop at the location;
(f) The general need for a bus turnout at the location; and
(g) Any obstacle that may prevent the completion of the construction of a bus turnout by the date set forth in subsection 2 [.] or 4, as applicable.
[5.] 7. The commission shall not designate more than three locations pursuant to subsection 1 or 3 that are owned by the State or by the same local government.
[6.] 8. The commission shall establish a technical advisory committee which shall:
(a) As soon as practicable after the locations have been designated pursuant to subsection 1 and before the development of construction plans for the bus turnouts, meet with all utility companies and franchise holders whose utilities or facilities may be impacted by a bus turnout constructed pursuant to that subsection. Such meetings may include visits to the designated locations.
(b) Work in a cooperative manner with the affected utilities and franchise holders to minimize the total cost for the placement or relocation of the affected utility or facility.
9. As used in this section:
(a) Bus has the meaning ascribed to it in NRS 484A.030.
(b) Bus turnout means a fixed area that is:
(1) Adjacent or appurtenant to, or within reasonable proximity of, a public highway; and
κ2011 Statutes of Nevada, Page 884 (CHAPTER 196, SB 137)κ
(2) To be occupied exclusively by buses in receiving or discharging passengers.
(c) Commission means the regional transportation commission created and organized pursuant to chapter 277A of NRS in a county whose population is [400,000] 700,000 or more.
(d) Local government means any political subdivision of the State, including, without limitation, any county, city, town, board, airport authority, fire protection district, irrigation district, school district, hospital district or other special district which performs a governmental function and which is located within the jurisdiction of the commission.
(e) Location means a parcel of real property which:
(1) Is owned by the State or by a local government;
(2) Is adjacent to a public highway; and
(3) Contains a bench, shelter or transit stop for passengers of public transportation.
(f) Public highway means any street, road, alley, thoroughfare, way or place of any kind used by the public or open to the use of the public as a matter of right for the purpose of vehicular traffic.
Sec. 2. 1. On or before February 1, 2013, the commission shall submit a report on the designation and construction by the commission of bus turnouts pursuant to NRS 278.02587, as amended by section 1 of this act, and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 77th Session of the Nevada Legislature.
2. As used in this section:
(a) Bus has the meaning ascribed to it in NRS 484A.030.
(b) Bus turnout means a fixed area that is:
(1) Adjacent or appurtenant to, or within reasonable proximity of, a public highway; and
(2) To be occupied exclusively by buses in receiving or discharging passengers.
(c) Commission means the regional transportation commission created and organized pursuant to chapter 277A of NRS in a county whose population is 700,000 or more.
(d) Public highway means any street, road, alley, thoroughfare, way or place of any kind used by the public or open to the use of the public as a matter of right for the purpose of vehicular traffic.
Sec. 3. 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. 4. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 885κ
Assembly Bill No. 480Committee on Ways and Means
CHAPTER 197
[Approved: May 30, 2011]
AN ACT making an appropriation to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the completion of the takeover phase of the Medicaid Management Information System; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $175,710 for the completion of the takeover phase of the Medicaid Management Information System.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 886κ
Assembly Bill No. 481Committee on Ways and Means
CHAPTER 198
[Approved: May 30, 2011]
AN ACT making an appropriation to the Nevada Highway Patrol Division of the Department of Public Safety to replace certain fleet vehicles; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $5,331,325 to replace fleet vehicles which have exceeded the 105,000 mile threshold for sedans and the 125,000 mile threshold for trucks and sports utility vehicles.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 887κ
Senate Bill No. 117Committee on Commerce, Labor and Energy
CHAPTER 199
[Approved: June 1, 2011]
AN ACT relating to physicians; allowing a resident who is enrolled in a progressive postgraduate training program in the United States or Canada to be considered for a license to practice medicine after completing 24 months of the program and committing in writing to complete the program; requiring an applicant for a license to practice medicine to submit proof of satisfactory completion of a progressive postgraduate training program under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Board of Medical Examiners to issue a license to practice medicine to any person who meets certain requirements. (NRS 630.160)
Section 1 of this bill revises the requirements that must be met before applying for a license to practice medicine to allow a resident who is enrolled in a progressive postgraduate training program in the United States or Canada and who has completed certain other existing requirements to be considered for a license after completing 24 months of the program and committing in writing to complete the program. Section 2 of this bill requires such an applicant for a license to submit proof of satisfactory completion of the program within 60 days after the scheduled completion of the program.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing the person to practice.
2. Except as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.266, inclusive, a license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b) Has received the degree of doctor of medicine from a medical school:
(1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or
(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;
(c) Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain the certification for the duration of the licensure, or has passed:
(1) All parts of the examination given by the National Board of Medical Examiners;
(2) All parts of the Federation Licensing Examination;
κ2011 Statutes of Nevada, Page 888 (CHAPTER 199, SB 117)κ
(3) All parts of the United States Medical Licensing Examination;
(4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;
(5) All parts of the examination to become a licentiate of the Medical Council of Canada; or
(6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;
(d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of the licensure, or:
(1) Has completed 36 months of progressive postgraduate:
(I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association; or
(II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; [or]
(2) Has completed at least 36 months of postgraduate education, not less than 24 months of which must have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; [and] or
(3) Is a resident who is enrolled in a progressive postgraduate training program in the United States or Canada approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association, has completed at least 24 months of the program and has committed, in writing, to the Board that he or she will complete the program; and
(e) Passes a written or oral examination, or both, as to his or her qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicants clinical training met the requirements of paragraph (b).
3. The Board may issue a license to practice medicine after the Board verifies, through any readily available source, that the applicant has complied with the provisions of subsection 2. The verification may include, but is not limited to, using the Federation Credentials Verification Service. If any information is verified by a source other than the primary source of the information, the Board may require subsequent verification of the information by the primary source of the information.
4. Notwithstanding any provision of this chapter to the contrary, if , after issuing a license to practice medicine , the Board obtains information from a primary or other source of information and that information differs from the information provided by the applicant or otherwise received by the Board, the Board may:
(a) Temporarily suspend the license;
(b) Promptly review the differing information with the Board as a whole or in a committee appointed by the Board;
κ2011 Statutes of Nevada, Page 889 (CHAPTER 199, SB 117)κ
(c) Declare the license void if the Board or a committee appointed by the Board determines that the information submitted by the applicant was false, fraudulent or intended to deceive the Board;
(d) Refer the applicant to the Attorney General for possible criminal prosecution pursuant to NRS 630.400; or
(e) If the Board temporarily suspends the license, allow the license to return to active status subject to any terms and conditions specified by the Board, including:
(1) Placing the licensee on probation for a specified period with specified conditions;
(2) Administering a public reprimand;
(3) Limiting the practice of the licensee;
(4) Suspending the license for a specified period or until further order of the Board;
(5) Requiring the licensee to participate in a program to correct alcohol or drug dependence or any other impairment;
(6) Requiring supervision of the practice of the licensee;
(7) Imposing an administrative fine not to exceed $5,000;
(8) Requiring the licensee to perform community service without compensation;
(9) Requiring the licensee to take a physical or mental examination or an examination testing his or her competence to practice medicine;
(10) Requiring the licensee to complete any training or educational requirements specified by the Board; and
(11) Requiring the licensee to submit a corrected application, including the payment of all appropriate fees and costs incident to submitting an application.
5. If the Board determines after reviewing the differing information to allow the license to remain in active status, the action of the Board is not a disciplinary action and must not be reported to any national database. If the Board determines after reviewing the differing information to declare the license void, its action shall be deemed a disciplinary action and shall be reportable to national databases.
Sec. 2. NRS 630.171 is hereby amended to read as follows:
630.171 Except as otherwise provided in NRS 630.263, in addition to the other requirements for licensure, an applicant for a license to practice medicine shall cause to be submitted to the Board [a] , if applicable:
1. A certificate of completion of progressive postgraduate training from the residency program where the applicant received training [.] ; and
2. Proof of satisfactory completion of a progressive postgraduate training program specified in subparagraph (3) of paragraph (d) of subsection 2 of NRS 630.160 within 60 days after the scheduled completion of the program.
________
κ2011 Statutes of Nevada, Page 890κ
Senate Bill No. 109Senator Parks
CHAPTER 200
[Approved: June 1, 2011]
AN ACT relating to local financial administration; revising provisions governing limitations on fees for business licenses which may be imposed by a local government on a public utility; providing that any proceeds from the interstate sale of natural gas to a wholesale provider of electric energy are not considered revenue for the purposes of imposing certain fees for business licenses; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the governing body of a city or county in this State to impose certain fees for a business license on a public utility. The amount of such a fee for a business license may be based only upon the revenue derived by the public utility from customers located within the jurisdiction of the city or county. (NRS 354.59881-354.59889) For the purposes of imposing such a fee, the term revenue does not include any proceeds from the interstate sale of natural gas to a provider of electric energy that holds a certificate of public convenience and necessity issued by the Public Utilities Commission of Nevada. (NRS 354.598818) This bill additionally excludes from the definition of revenue any proceeds from the interstate sale of natural gas to a wholesale provider of electric energy.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.598818 is hereby amended to read as follows:
354.598818 Revenue does not include:
1. Any proceeds from the interstate sale of natural gas to [a] :
(a) A provider of electric energy that holds a certificate of public convenience and necessity issued by the Public Utilities Commission of Nevada; or
(b) A wholesale provider of electric energy; or
2. Any revenue of a provider of a telecommunication service other than intrastate revenue that the provider collects from retail customers.
Sec. 2. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 891κ
Senate Bill No. 63Committee on Commerce, Labor and Energy
CHAPTER 201
[Approved: June 1, 2011]
AN ACT relating to industrial insurance; establishing provisions for the collection of certain amounts owed to the Division of Industrial Relations of the Department of Business and Industry for payments from the Uninsured Employers Claim Account; revising provisions governing the penalty for failure to provide mandatory industrial insurance; prohibiting certain conduct by persons who fail to pay certain amounts owed to the Division; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Sections 1 and 5 of this bill establish a process whereby the Division of Industrial Relations of the Department of Business and Industry may apply for the entry of summary judgment against an employer who fails to pay to the Division an amount owed for payments from the Uninsured Employers Claim Account which were paid on behalf of that employer. Sections 1 and 5 also provide that, upon entry of summary judgment, the Division may record the summary judgment with the recorder of any county and the judgment constitutes a lien against all real and personal property of the employer that is located in the county. The duration of the lien is 6 years, and the lien may be extended for additional 6-year periods. Section 7 of this bill provides that the provisions of sections 1 and 5 apply to certain amounts owed to the Division on or after July 1, 2011.
Existing law provides general penalties for failure to comply with the provisions of law governing the provision of industrial insurance, including, without limitation, the imposition of an administrative fine of not more than $15,000 for failure to provide and maintain mandatory coverage. (NRS 616D.120, 616D.200) Section 2 of this bill deletes a redundant provision that authorized the imposition of an administrative fine of $10,000 against an employer who failed to provide such coverage.
Section 4 of this bill prohibits the owner of a business that owes money to the Division for certain unpaid administrative fines, benefit penalties, unpaid premiums or interest or payments from the Uninsured Employers Claim Account from becoming, or inducing or procuring another person to become, the owner of a similar business and prohibits a person from knowingly aiding or abetting such conduct. A person who commits such a violation is liable for the costs associated with investigating and acting upon that conduct. Section 4 also revises provisions which prohibit a private carrier from knowingly insuring any business which engages in such conduct by expanding the prohibition to apply to the following insurers: (1) a self-insured employer; (2) an association of self-insured public employers; (3) an association of self-insured private employers; and (4) a private carrier.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this subsection, if an employer fails to pay to the Division any amount due pursuant to NRS 616C.220, the Division may, after the date on which the debt became due, file with the office of the clerk of a court of competent jurisdiction an application for the entry of summary judgment against the employer for the amount due.
κ2011 Statutes of Nevada, Page 892 (CHAPTER 201, SB 63)κ
Division may, after the date on which the debt became due, file with the office of the clerk of a court of competent jurisdiction an application for the entry of summary judgment against the employer for the amount due. The Division may not enforce a judgment against an employer if an appeal requested by the employer pursuant to NRS 616C.220 is pending.
2. If the Division intends to file an application for the entry of summary judgment, the Division shall, not less than 15 days before the date on which the application is filed, notify the employer of the Divisions intention to file the application. The notification must be sent by certified mail to the last known address of the employer and must include the name of the employee for whom the claim was paid, the amount sought to be recovered and the date on which the application will be filed with the court.
3. An application for the entry of summary judgment must:
(a) Be accompanied by a certificate which specifies:
(1) The amount owed by the employer, including any attorneys fees, interest and administrative costs due;
(2) The name and address of the employer; and
(3) That the Division has complied with the applicable provisions of law relating to the determination of the amount required to be paid; and
(b) Include:
(1) A request that judgment be entered against the employer for the amount specified in the certificate; and
(2) Evidence that the employer was notified of the application for the entry of summary judgment in accordance with subsection 2.
4. The court clerk, upon the filing of an application for the entry of summary judgment which complies with the requirements set forth in this section, shall forthwith enter a judgment against the employer in the amount of the debt, plus any attorneys fees, interest and administrative costs, as set forth in the certificate. The Division shall serve a copy of the judgment, together with a copy of the application and the certificate, upon the employer against whom the judgment is entered, either by personal service or by mailing a copy to the last known address of the employer.
5. An abstract of the judgment entered pursuant to subsection 4, or a copy thereof, may be recorded in the office of the county recorder of any county.
6. From the time of its recordation, the judgment constitutes a lien upon all real and personal property situated in the county that is owned by the employer, or which the employer may afterward acquire, until the lien expires. The lien has the force, effect and priority of a judgment lien and continues for 6 years after the date of the judgment so entered by the court clerk unless sooner released or otherwise discharged.
7. Within 6 years after the date of the recording of the judgment or within 6 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording an affidavit of renewal in the office of the county recorder. From the date of recording, the lien is extended for 6 years to all real and personal property situated in the county that is owned by the employer or acquired by the employer afterwards, unless the lien is sooner released or otherwise discharged.
κ2011 Statutes of Nevada, Page 893 (CHAPTER 201, SB 63)κ
Sec. 2. NRS 616C.220 is hereby amended to read as follows:
616C.220 1. The Division shall designate one:
(a) Third-party administrator who has a valid certificate issued by the Commissioner pursuant to NRS 683A.085; or
(b) Insurer, other than a self-insured employer or association of self-insured public or private employers,
Κ to administer claims against the Uninsured Employers Claim Account. The designation must be made pursuant to reasonable competitive bidding procedures established by the Administrator.
2. Except as otherwise provided in this subsection, an employee may receive compensation from the Uninsured Employers Claim Account if:
(a) The employee was hired in this State or is regularly employed in this State;
(b) The employee suffers an accident or injury which arises out of and in the course of his or her employment:
(1) In this State; or
(2) While on temporary assignment outside the State for not more than 12 months;
(c) The employee files a claim for compensation with the Division; and
(d) The employee makes an irrevocable assignment to the Division of a right to be subrogated to the rights of the injured employee pursuant to NRS 616C.215.
Κ An employee who suffers an accident or injury while on temporary assignment outside the State is not eligible to receive compensation from the Uninsured Employers Claim Account unless the employee has been denied workers compensation in the state in which the accident or injury occurred.
3. If the Division receives a claim pursuant to subsection 2, the Division shall immediately notify the employer of the claim.
4. For the purposes of this section [,] and section 1 of this act, the employer has the burden of proving that the employer provided mandatory industrial insurance coverage for the employee or that the employer was not required to maintain industrial insurance for the employee.
5. Any employer who has failed to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS is liable for all payments made on behalf of the employer, including any benefits, administrative costs or attorneys fees paid from the Uninsured Employers Claim Account or incurred by the Division.
6. The Division:
(a) May recover from the employer the payments made by the Division that are described in subsection 5 and any accrued interest by bringing a civil action or filing an application for the entry of summary judgment pursuant to section 1 of this act in a court of competent jurisdiction. For the purposes of this paragraph, the payments made by the Division that are described in subsection 5 are presumed to be:
(1) Justified by the circumstances of the claim;
(2) Made in accordance with applicable law; and
(3) Reasonable and necessary.
(b) In any civil action [brought] or application for the entry of summary judgment filed pursuant to section 1 of this act against the employer, is not required to prove that negligent conduct by the employer was the cause of the employees injury.
κ2011 Statutes of Nevada, Page 894 (CHAPTER 201, SB 63)κ
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action [,] or filing an application for the entry of summary judgment pursuant to section 1 of this act, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
7. The Division shall:
(a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee.
(b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.
Κ Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the Division of its determination.
8. Upon demonstration of the:
(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or
(b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,
Κ the Division shall authorize payment from the Uninsured Employers Claim Account.
9. Any party aggrieved by a determination made by the Division regarding the assignment of any claim made pursuant to this section may appeal that determination by filing a notice of appeal with an appeals officer within 30 days after the determination is rendered. The provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this subsection.
10. Any party aggrieved by a determination to accept or to deny any claim made pursuant to this section or by a determination to pay or to deny the payment of compensation regarding any claim made pursuant to this section may appeal that determination, within 70 days after the determination is rendered, to the Hearings Division of the Department of Administration in the manner provided by NRS 616C.305 and 616C.315.
11. All insurers shall bear a proportionate amount of a claim made pursuant to chapters 616A to 616D, inclusive, of NRS, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
12. An uninsured employer is liable for the interest on any amount paid on his or her claims from the Uninsured Employers Claim Account. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the account until payment is received by the Division from the employer.
13. Attorneys fees recoverable by the Division pursuant to this section must be:
(a) If a private attorney is retained by the Division, paid at the usual and customary rate for that attorney.
κ2011 Statutes of Nevada, Page 895 (CHAPTER 201, SB 63)κ
(b) If the attorney is an employee of the Division, paid at the rate established by regulations adopted by the Division.
Κ Any money collected must be deposited to the Uninsured Employers Claim Account.
14. [In addition to any other liabilities provided for in this section, the Administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS.
15.] If the Division has not obtained a civil judgment or an entry of summary judgment pursuant to section 1 of this act and the Division assigns a debt that arises under this section to the State Controller for collection pursuant to NRS 353C.195, the State Controller may bring an action in his or her own name in a court of competent jurisdiction to recover any amount that the Division is authorized to recover pursuant to this section.
Sec. 3. NRS 616D.200 is hereby amended to read as follows:
616D.200 1. If the Administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or that the employer has provided and secured that compensation but has failed to maintain it, the Administrator shall make a determination thereon and may charge the employer an amount equal to the sum of:
(a) The premiums that would otherwise have been owed to a private carrier pursuant to the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, as determined by the Administrator based upon the manual rates adopted by the Commissioner, for the period that the employer was doing business in this State without providing, securing or maintaining that compensation, but not to exceed 6 years; and
(b) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.
Κ The money collected pursuant to this subsection must be paid into the Uninsured Employers Claim Account.
2. The Administrator shall deliver a copy of his or her determination to the employer. An employer who is aggrieved by the determination of the Administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.
3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, shall be punished as follows:
(a) Except as otherwise provided in paragraph (b), if it is a first offense, for a misdemeanor.
(b) If it is a first offense and, during the period the employer was doing business in this State without providing, securing or maintaining compensation, one of his or her employees suffers an injury arising out of and in the course of his or her employment that results in substantial bodily harm to the employee or the death of the employee, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.
(c) If it is a second or subsequent offense committed within 7 years after the previous offense, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.
κ2011 Statutes of Nevada, Page 896 (CHAPTER 201, SB 63)κ
the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.
4. In addition to any other penalty imposed pursuant to paragraph (b) or (c) of subsection 3, the court shall order the employer to:
(a) Pay restitution to an insurer who has incurred costs as a result of the violation in an amount equal to the costs that have been incurred minus any costs incurred that have otherwise been recovered; and
(b) Reimburse the Uninsured Employers Claim Account for all payments made from the account on the employers behalf, including any benefits, administrative costs or attorneys fees paid from the account, that have not otherwise been recovered pursuant to NRS 616C.220 [.] or 617.401, or included in a civil judgment or a summary judgment entered pursuant to section 1 or 5 of this act.
5. Any criminal penalty imposed pursuant to subsections 3 and 4 must be in addition to the amount charged pursuant to subsection 1.
Sec. 4. NRS 616D.210 is hereby amended to read as follows:
616D.210 1. Any person who:
(a) Is the legal or beneficial owner of 25 percent or more of a business which terminates operations while owing a premium, interest or penalty to a private carrier and becomes, or induces or procures another person to become, the legal or beneficial owner of 25 percent or more of a new business engaging in similar operations; or
(b) Knowingly aids or abets another person in carrying out such conduct,
Κ is liable in a civil action for the payment of any premium, interest and penalties owed to the private carrier and the reasonable costs incurred by the private carrier to investigate and act upon such conduct.
2. [The] Any person who:
(a) Is the legal or beneficial owner of 25 percent or more of a business which terminates operations while owing money to the Division for any unpaid administrative fine imposed or benefit penalty ordered pursuant to NRS 616D.120, unpaid premium or interest charged pursuant to NRS 616D.200 or payments made from the Uninsured Employers Claim Account pursuant to NRS 616C.220 or 617.401, including attorneys fees, administrative costs, interest or penalties, and becomes, or induces or procures another person to become, the legal or beneficial owner of 25 percent or more of a new business engaging in similar operations; or
(b) Knowingly aids or abets another person in carrying out such conduct,
Κ is liable for the payment of any amount owed to the Division and the reasonable costs incurred by the Division to investigate and act upon such conduct.
3. [private carrier] An insurer shall not knowingly insure any business which engages in the conduct described in [subsection] :
(a) Subsection 1 unless the premium and any interest and penalties owed to the prior insurer have been paid to that insurer [.
3.] ; or
(b) Subsection 2 unless the amount due the Division pursuant to NRS 616C.220, 616D.120, 616D.200 or 617.401, including any attorneys fees, administrative costs, interest and penalties, has been paid to the Division.
κ2011 Statutes of Nevada, Page 897 (CHAPTER 201, SB 63)κ
4. As used in this section, business includes, but is not limited to, a firm, sole proprietorship, general or limited partnership, voluntary association or private corporation.
Sec. 5. Chapter 617 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this subsection, if an employer fails to pay to the Division any amount due pursuant to NRS 617.401, the Division may, after the date on which the debt became due, file with the office of the clerk of a court of competent jurisdiction an application for the entry of summary judgment against the employer for the amount due. The Division may not enforce a judgment against an employer if an appeal requested by the employer pursuant to NRS 617.401 is pending.
2. If the Division intends to file an application for the entry of summary judgment, the Division shall, not less than 15 days before the date on which the application is filed, notify the employer of the Divisions intention to file the application. The notification must be sent by certified mail to the last known address of the employer and must include the name of the employee for whom the claim was paid, the amount sought to be recovered and the date on which the application will be filed with the court.
3. An application for the entry of summary judgment must:
(a) Be accompanied by a certificate which specifies:
(1) The amount owed by the employer, including any attorneys fees, interest and administrative costs due;
(2) The name and address of the employer; and
(3) That the Division has complied with the applicable provisions of law relating to the determination of the amount required to be paid; and
(b) Include:
(1) A request that judgment be entered against the employer for the amount specified in the certificate; and
(2) Evidence that the employer was notified of the application for the entry of summary judgment in accordance with subsection 2.
4. The court clerk, upon the filing of an application for the entry of summary judgment which complies with the requirements set forth in this section, shall forthwith enter a judgment against the employer in the amount of the debt, plus any attorneys fees, interest and administrative costs, as set forth in the certificate. The Division shall serve a copy of the judgment, together with a copy of the application and the certificate, upon the employer against whom the judgment is entered, either by personal service or by mailing a copy to the last known address of the employer.
5. An abstract of the judgment entered pursuant to subsection 4, or a copy thereof, may be recorded in the office of the county recorder of any county.
6. From the time of its recordation, the judgment constitutes a lien upon all real and personal property situated in the county that is owned by the employer, or which the employer may afterward acquire, until the lien expires. The lien has the force, effect and priority of a judgment lien and continues for 6 years after the date of the judgment so entered by the court clerk unless sooner released or otherwise discharged.
κ2011 Statutes of Nevada, Page 898 (CHAPTER 201, SB 63)κ
7. Within 6 years after the date of the recording of the judgment or within 6 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording an affidavit of renewal in the office of the county recorder. From the date of recording, the lien is extended for 6 years to all real and personal property situated in the county that is owned by the employer or acquired by the employer afterwards, unless the lien is sooner released or otherwise discharged.
Sec. 6. NRS 617.401 is hereby amended to read as follows:
617.401 1. The Division shall designate one:
(a) Third-party administrator who has a valid certificate issued by the Commissioner pursuant to NRS 683A.085; or
(b) Insurer, other than a self-insured employer or association of self-insured public or private employers,
Κ to administer claims against the Uninsured Employers Claim Account. The designation must be made pursuant to reasonable competitive bidding procedures established by the Administrator.
2. Except as otherwise provided in this subsection, an employee may receive compensation from the Uninsured Employers Claim Account if:
(a) The employee was hired in this State or is regularly employed in this State;
(b) The employee contracts an occupational disease that arose out of and in the course of employment:
(1) In this State; or
(2) While on temporary assignment outside the State for not more than 12 months;
(c) The employee files a claim for compensation with the Division; and
(d) The employee makes an irrevocable assignment to the Division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215.
Κ An employee who contracts an occupational disease that arose out of and in the course of employment while on temporary assignment outside the State is not entitled to receive compensation from the Uninsured Employers Claim Account unless the employee has been denied workers compensation in the state in which the disease was contracted.
3. If the Division receives a claim pursuant to subsection 2, the Division shall immediately notify the employer of the claim.
4. For the purposes of this section [,] and section 5 of this act, the employer has the burden of proving that the employer provided mandatory coverage for occupational diseases for the employee or that the employer was not required to maintain industrial insurance for the employee.
5. Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on behalf of the employer, including, but not limited to, any benefits, administrative costs or attorneys fees paid from the Uninsured Employers Claim Account or incurred by the Division.
6. The Division:
(a) May recover from the employer the payments made by the Division that are described in subsection 5 and any accrued interest by bringing a civil action or filing an application for the entry of summary judgment pursuant to section 5 of this act in a court of competent jurisdiction. For the purposes of this paragraph, the payments made by the Division that are described in subsection 5 are presumed to be:
κ2011 Statutes of Nevada, Page 899 (CHAPTER 201, SB 63)κ
(1) Justified by the circumstances of the claim;
(2) Made in accordance with applicable law; and
(3) Reasonable and necessary.
(b) In any civil action [brought] or application for the entry of summary judgment filed pursuant to section 5 of this act against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action [,] or filing an application for the entry of summary judgment pursuant to section 5 of this act, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
7. The Division shall:
(a) Determine whether the employer was insured within 30 days after receiving the claim from the employee.
(b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.
Κ Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the Division of its determination.
8. Upon demonstration of the:
(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or
(b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,
Κ the Division shall authorize payment from the Uninsured Employers Claim Account.
9. Any party aggrieved by a determination made by the Division regarding the assignment of any claim made pursuant to this section may appeal that determination by filing a notice of appeal with an appeals officer within 30 days after the determination is rendered. The provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this subsection.
10. Any party aggrieved by a determination to accept or to deny any claim made pursuant to this section or by a determination to pay or to deny the payment of compensation regarding any claim made pursuant to this section may appeal that determination, within 70 days after the determination is rendered, to the Hearings Division of the Department of Administration in the manner provided by NRS 616C.305 and 616C.315.
11. All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
12. An uninsured employer is liable for the interest on any amount paid on his or her claims from the Uninsured Employers Claim Account. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the Account until payment is received by the Division from the employer.
κ2011 Statutes of Nevada, Page 900 (CHAPTER 201, SB 63)κ
the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the Account until payment is received by the Division from the employer.
13. Attorneys fees recoverable by the Division pursuant to this section must be:
(a) If a private attorney is retained by the Division, paid at the usual and customary rate for that attorney.
(b) If the attorney is an employee of the Division, paid at the rate established by regulations adopted by the Division.
Κ Any money collected must be deposited to the Uninsured Employers Claim Account.
14. [In addition to any other liabilities provided for in this section, the Administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.
15.] If the Division has not obtained a civil judgment or an entry of summary judgment pursuant to section 5 of this act and the Division assigns a debt that arises under this section to the State Controller for collection pursuant to NRS 353C.195, the State Controller may bring an action in his or her own name in a court of competent jurisdiction to recover any amount that the Division is authorized to recover pursuant to this section.
Sec. 7. 1. The amendatory provisions of section 1 of this act apply to any amount owed by an employer on or after July 1, 2011, to the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 616C.220, including, without limitation, any amount owed for payments made from the Uninsured Employers Claim Account and for any attorneys fees, interest and administrative costs.
2. The amendatory provisions of section 5 of this act apply to any amount owed by an employer on or after July 1, 2011, to the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 617.401, including, without limitation, any amount owed for payments made from the Uninsured Employers Claim Account and for any attorneys fees, interest and administrative costs.
Sec. 8. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 901κ
Assembly Bill No. 365Assemblymen Kirner and Hickey
CHAPTER 202
[Approved: June 1, 2011]
AN ACT relating to the Public Employees Benefits Program; revising the procedure for the Board of the Public Employees Benefits Program to contract with a vendor; authorizing the Board to engage the services of an attorney who specializes in health plans and health care law; revising the provisions of certain contracts entered into by the Board that the Commissioner of Insurance must approve; making various changes concerning the Executive Officer of the Board; revising provisions governing the authority for certain groups to leave the Program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Public Employees Benefits Program and the Board of the Public Employees Benefits Program to administer the Program. (NRS 287.0402-287.049) Section 1 of this bill establishes a procedure to allow the Board to participate in the selection of certain vendors. Section 5 of this bill allows the Board to engage the services of an attorney who specializes in health plans and health care law. Section 6 of this bill revises the provisions of certain contracts entered into by the Board that the Commissioner of Insurance must approve. Section 7 of this bill revises the provisions governing the authority for groups of 300 or more employees leaving the Program to secure insurance from another source. Section 8 of this bill authorizes the Executive Officer to observe the activities of a committee formed to evaluate contracts awarded on behalf of the Board.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board shall review any recommendation for awarding a contract submitted to the Board pursuant to NRS 333.335. The Board may:
(a) Approve the recommendation of the Chief of the Purchasing Division of the Department of Administration or of a committee appointed to evaluate a proposal and award the contract as recommended; or
(b) Schedule a separate public meeting to award the contract.
2. If the Board conducts a separate meeting pursuant to paragraph (b) of subsection 1, it shall:
(a) Disclose the review by the Board of the vendors whose proposals scored the highest;
(b) Identify the criteria it will use to evaluate the high scoring proposals;
(c) Consider the ranking given to a proposal by a committee appointed to evaluate the proposal, if any;
(d) With regard to a request for proposals, evaluate the responses of vendors interviewed by the Board; and
(e) Award the contract based on the best interests of the State.
κ2011 Statutes of Nevada, Page 902 (CHAPTER 202, AB 365)κ
3. The Board is not bound by the recommendation of the Chief of the Purchasing Division or the committee appointed to evaluate the proposal.
Sec. 2. NRS 287.0402 is hereby amended to read as follows:
287.0402 As used in NRS 287.0402 to 287.049, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 287.0404 to 287.04064, inclusive, have the meanings ascribed to them in those sections.
Secs. 3 and 4. (Deleted by amendment.)
Sec. 5. NRS 287.043 is hereby amended to read as follows:
287.043 1. The Board shall:
(a) Establish and carry out a program to be known as the Public Employees Benefits Program which:
(1) Must include a program relating to group life, accident or health insurance, or any combination of these; and
(2) May include:
(I) A plan that offers flexibility in benefits, and for which the rates must be based only on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; or
(II) A program to reduce taxable compensation or other forms of compensation other than deferred compensation,
Κ for the benefit of all state officers and employees and other persons who participate in the Program.
(b) Ensure that the Program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.
2. In establishing and carrying out the Program, the Board shall:
(a) For the purpose of establishing actuarial data to determine rates and coverage for active and retired state officers and employees and their dependents, commingle the claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage into a single risk pool.
(b) Except as otherwise provided in this paragraph, negotiate and contract pursuant to paragraph (a) of subsection 1 of NRS 287.025 with the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that wishes to obtain exclusive group insurance for all of its active and retired officers and employees and their dependents, except as otherwise provided in sub-subparagraph (III) of subparagraph (2) of paragraph (h), by participation in the Program. The Board shall establish separate rates and coverage for active and retired officers and employees of those local governmental agencies and their dependents based on actuarial reports that commingle the claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage into a single risk pool.
(c) Except as otherwise provided in paragraph (d), provide public notice in writing of any proposed changes in rates or coverage to each participating public agency that may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.
(d) If a proposed change is a change in the premium or contribution charged for, or coverage of, health insurance, provide written notice of the proposed change to all participants in the Program. The notice must be provided at least 30 days before the date on which a participant in the Program is required to select or change the participants policy of health insurance.
κ2011 Statutes of Nevada, Page 903 (CHAPTER 202, AB 365)κ
provided at least 30 days before the date on which a participant in the Program is required to select or change the participants policy of health insurance.
(e) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this State or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible participants in the Program.
(f) Except as otherwise provided in this title, develop and establish other employee benefits as necessary.
(g) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.
(h) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.010 to 287.245, inclusive, including, without limitation, the establishment of:
(1) Fees for applications for participation in the Program and for the late payment of premiums or contributions;
(2) Conditions for entry and reentry into and exit from the Program by local governmental agencies pursuant to paragraph (a) of subsection 1 of NRS 287.025, which:
(I) Must include a minimum period of 4 years of participation for entry into the Program;
(II) Must include a requirement that participation of any retired officers and employees of the local governmental agency whose last continuous period of enrollment with the Program began after November 30, 2008, terminates upon termination of the local governmental agencys contract with the Program; and
(III) May allow for the exclusion of active and retired officers and employees of the local governmental agency who are eligible for health coverage from a health and welfare plan or trust that arose out of collective bargaining under chapter 288 of NRS or a trust established pursuant to 29 U.S.C. § 186;
(3) Procedures by which a group of participants in the Program may leave the Program pursuant to NRS 287.0479 and conditions and procedures for reentry into the Program by those participants;
(4) Specific procedures for the determination of contested claims;
(5) Procedures for review and notification of the termination of coverage of persons pursuant to paragraph (b) of subsection 4 of NRS 287.023; and
(6) Procedures for the payments that are required to be made pursuant to paragraph (b) of subsection 4 of NRS 287.023.
(i) Appoint an independent certified public accountant. The accountant shall:
(1) Provide an annual audit of the Program; and
(2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218E.420.
(j) Appoint an attorney who specializes in employee benefits. The attorney shall:
(1) Perform a biennial review of the Program to determine whether the Program complies with federal and state laws relating to taxes and employee benefits; and
κ2011 Statutes of Nevada, Page 904 (CHAPTER 202, AB 365)κ
(2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218E.420.
3. The Board shall submit an annual report regarding the administration and operation of the Program to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committees of the Legislature, or to the Legislative Commission when the Legislature is not in regular session, for acceptance or rejection not more than 6 months before the Board establishes rates and coverage for participants for the following plan year. The report must include, without limitation:
(a) Detailed financial results for the Program for the preceding plan year, including, without limitation, identification of the sources of revenue for the Program and a detailed accounting of expenses which are segregated by each type of benefit offered by the Program, and administrative costs. The results must be provided separately concerning:
(1) Participants who are active and retired state officers and employees and their dependents;
(2) All participants in the Program other than those described in subparagraph (1); and
(3) Within the groups described in subparagraphs (1) and (2), active participants, retired participants for which the Program provides primary health insurance coverage and retired participants in the Program who are provided coverage for medical or hospital service, or both, by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that provides similar coverage.
(b) An assessment of actuarial accuracy and reserves for the current plan year and the immediately preceding plan year.
(c) A summary of the plan design for the current plan year, including, without limitation, information regarding rates and any changes in the vendors with which the Program has entered into contracts, and a comparison of the plan design for the current plan year to the plan design for the immediately preceding plan year. The information regarding rates provided pursuant to this paragraph must set forth the costs for participation in the Program paid by participants and employers on a monthly basis.
(d) A description of all written communications provided generally to all participants by the Program during the preceding plan year.
(e) A discussion of activities of the Board concerning purchasing coalitions.
4. The Board may use any services provided to state agencies and shall use the services of the Purchasing Division of the Department of Administration to establish and carry out the Program.
5. The Board may engage the services of an attorney who specializes in health plans and health care law as necessary to assist in carrying out the Program.
6. The Board may make recommendations to the Legislature concerning legislation that it deems necessary and appropriate regarding the Program.
[6.] 7. A participating public agency is not liable for any obligation of the Program other than indemnification of the Board and its employees against liability relating to the administration of the Program, subject to the limitations specified in NRS 41.0349.
κ2011 Statutes of Nevada, Page 905 (CHAPTER 202, AB 365)κ
[7.] 8. As used in this section, employee benefits includes any form of compensation provided to a public employee except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.
Sec. 6. NRS 287.0434 is hereby amended to read as follows:
287.0434 The Board may:
1. Use its assets only to pay the expenses of health care for its members and covered dependents, to pay its employees salaries and to pay administrative and other expenses.
2. Enter into contracts relating to the administration of the Program, including, without limitation, contracts with licensed administrators and qualified actuaries. Each such contract with a licensed administrator:
(a) Must be submitted to the Commissioner of Insurance not less than 30 days before the date on which the contract is to become effective for approval as to the [reasonableness of administrative charges in relation to contributions collected and benefits provided.] licensing and fiscal status of the licensed administrator and status of any legal or administrative actions in this State against the licensed administrator that may impair his or her ability to provide the services in the contract.
(b) Does not become effective unless approved by the Commissioner.
(c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.
3. Enter into contracts with physicians, surgeons, hospitals, health maintenance organizations and rehabilitative facilities for medical, surgical and rehabilitative care and the evaluation, treatment and nursing care of members and covered dependents. The Board shall not enter into a contract pursuant to this subsection unless:
(a) Provision is made by the Board to offer all the services specified in the request for proposals, either by a health maintenance organization or through separate action of the Board.
(b) The rates set forth in the contract are based on:
(1) For active and retired state officers and employees and their dependents, the commingled claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage in a single risk pool; and
(2) For active and retired officers and employees of public agencies enumerated in NRS 287.010 that contract with the Program to obtain group insurance by participation in the Program and their dependents, the commingled claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage in a single risk pool.
4. Enter into contracts for the services of other experts and specialists as required by the Program.
5. Charge and collect from an insurer, health maintenance organization, organization for dental care or nonprofit medical service corporation, a fee for the actual expenses incurred by the Board or a participating public agency in administering a plan of insurance offered by that insurer, organization or corporation.
6. Charge and collect the amount due from local governments pursuant to paragraph (b) of subsection 4 of NRS 287.023. If the payment of a local government pursuant to that provision is delinquent by more than 90 days, the Board shall notify the Executive Director of the Department of Taxation pursuant to NRS 354.671.
κ2011 Statutes of Nevada, Page 906 (CHAPTER 202, AB 365)κ
government pursuant to that provision is delinquent by more than 90 days, the Board shall notify the Executive Director of the Department of Taxation pursuant to NRS 354.671.
Sec. 7. NRS 287.0479 is hereby amended to read as follows:
287.0479 1. If approved by the Board pursuant to this section, a group of not less than 300 active state officers or employees [or] and retired state officers or employees [, or any combination thereof,] that participate in the Program may leave the Program and secure life, accident or health insurance, or any combination thereof, for the group from an:
(a) Insurer that is authorized by the Commissioner of Insurance to provide such insurance; or
(b) Employee benefit plan, as defined in 29 U.S.C. § 1002(3), that has been approved by the Board. The Board may approve an employee benefit plan unless the Board finds that the plan is not operated pursuant to such sound accounting and financial management practices as to ensure that the group will continue to receive adequate benefits.
2. Before entering into a contract with the insurer or approved employee benefit plan, the group shall submit the proposed contract to the Board for approval. The Board may approve the contract unless the departure of the group from the Program would cause an increase of more than 5 percent in the costs of premiums or contributions for the remaining participants in the Program. In determining whether to approve a proposed contract, the Board shall follow the criteria set forth in the regulations adopted by the Board pursuant to subsection [4] 5 and may consider the cumulative impact of groups that have left or are proposing to leave the Program. Except as otherwise provided in this section, the Board has discretion in determining whether to approve a contract. If the Board approves a proposed contract pursuant to this subsection, the group that submitted the proposed contract is not authorized to leave the Program until 120 days after the date on which the Board approves the proposed contract.
3. The Board shall not approve a proposed contract between an insurer or approved employee benefit plan and a group pursuant to subsection 2 unless:
(a) The group is organized for reasons other than acquiring insurance;
(b) The members of the group share job definitions, classifications or employers, or are otherwise members of a job-related group formed for reasons other than acquiring insurance;
(c) The group has legal authority to enter into contracts and bind its members, meets the requirements of state and federal law concerning nondiscrimination, and has the ability to purchase insurance; and
(d) The group includes all active state officers and employees who satisfy the requirements of paragraph (b) for inclusion in the group and all retired state officers and employees who satisfied those requirements at the time of their retirement.
4. The Board shall disburse periodically to the insurer or employee benefit plan with which a group contracts pursuant to this section the total amount set forth in the contract for premiums or contributions for the members of the group for that period but not to exceed the amount appropriated to or authorized for the participating state agency that employs the members of the group for premiums or contributions for the members of the group for that period, after deducting any administrative costs related to the group.
κ2011 Statutes of Nevada, Page 907 (CHAPTER 202, AB 365)κ
[4.] 5. The Board shall adopt regulations establishing the criteria pursuant to which the Board will approve proposed contracts pursuant to subsection 2.
Sec. 8. NRS 333.335 is hereby amended to read as follows:
333.335 1. Each proposal must be evaluated by:
(a) The chief of the using agency, or a committee appointed by the chief of the using agency in accordance with the regulations adopted pursuant to NRS 333.135, if the proposal is for a using agency; or
(b) The Chief of the Purchasing Division, or a committee appointed by the Chief in accordance with the regulations adopted pursuant to NRS 333.135, if the Chief is responsible for administering the proposal.
2. A committee appointed pursuant to subsection 1 must consist of not less than two members. A majority of the members of the committee must be state officers or employees. The committee may include persons who are not state officers or employees and possess expert knowledge or special expertise that the chief of the using agency or the Chief of the Purchasing Division determines is necessary to evaluate a proposal. The members of the committee are not entitled to compensation for their service on the committee, except that members of the committee who are state officers or employees are entitled to receive their salaries as state officers and employees. No member of the committee may have a financial interest in a proposal. If the contract is being awarded for the Public Employees Benefits Program, the Executive Officer of the Program may observe the activities of the committee, but may not vote or otherwise participate in the evaluation.
3. In making an award, the chief of the using agency, the Chief of the Purchasing Division or each member of the committee, if a committee is established, shall consider and assign a score for each of the following factors for determining whether the proposal is in the best interests of the State of Nevada:
(a) The experience and financial stability of the person submitting the proposal;
(b) Whether the proposal complies with the requirements of the request for proposals as prescribed in NRS 333.311;
(c) The price of the proposal; and
(d) Any other factor disclosed in the request for proposals.
4. The chief of the using agency, the Chief of the Purchasing Division or the committee, if a committee is established, shall determine the relative weight of each factor set forth in subsection 3 before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted.
5. [The] Except as otherwise provided in this subsection, the chief of the using agency, the Chief of the Purchasing Division or the committee, if a committee is established, shall award the contract based on the best interests of the State, as determined by the total scores assigned pursuant to subsection 3, and is not required to accept the lowest-priced proposal. If the contract is being awarded for the Public Employees Benefits Program, the Chief of the Purchasing Division or the committee, if a committee is established, shall submit recommendations for awarding the contract to the Board for the Public Employees Benefits Program, which shall award the contract in accordance with section 1 of this act.
κ2011 Statutes of Nevada, Page 908 (CHAPTER 202, AB 365)κ
6. Except as otherwise provided in NRS 239.0115, each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.
Sec. 9. This act becomes effective on July 1, 2011.
________
Assembly Bill No. 196Committee on Judiciary
CHAPTER 203
[Approved: June 1, 2011]
AN ACT relating to the State Controller; authorizing a county treasurer to enter into a cooperative agreement with the Office of the State Controller for the purpose of assigning the responsibility of collecting fines, administrative assessments and fees from certain criminal defendants; making various changes relating to the collection of fines, administrative assessments and fees from certain criminal defendants; making various changes relating to debt collection between this State and the Federal Government; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that if a fine, administrative assessment, fee or restitution imposed upon a defendant is delinquent: (1) the defendant is liable for a collection fee; (2) the entity responsible for collecting the delinquent amount may report the delinquency to credit reporting agencies, may contract with a collection agency and may request that the court take appropriate action; and (3) the court may request that a prosecuting attorney undertake collection efforts, may order the suspension of the drivers license of the defendant and may, in the case of a delinquent fine or administrative assessment, order that the defendant be confined in the appropriate prison, jail or detention facility. (NRS 176.064)
Sections 7 and 11 of this bill require the district court to forward to the county treasurer the necessary information for the collection of the debt of a criminal defendant. If a county is unable to collect the debt, sections 7, 11 and 14 of this bill authorize the county treasurer to enter into a cooperative agreement with the Office of the State Controller for the purpose of assigning to the Office of the State Controller the responsibility for collecting the debt.
Under existing law, a judgment entered by the court ordering a defendant to pay a fine, administrative assessment or restitution constitutes a lien. (NRS 176.275) Section 8 of this bill requires a district court judge to inform a defendant at the time of sentencing of the provisions of NRS 176.275, and that if the lien is not satisfied, collection efforts may be undertaken against the defendant.
Sections 9 and 12 of this bill require a defendant to pay costs and fees associated with the efforts to collect a debt.
Section 14 authorizes the Office of the State Controller to enter into a cooperative agreement with a governmental entity for the purpose of establishing the Office of the State Controller as the collection agent for the governmental entity.
Section 15 of this bill authorizes the State Controller or his or her designee to enter into a reciprocal agreement with the Federal Government for the collection and offset of indebtedness.
κ2011 Statutes of Nevada, Page 909 (CHAPTER 203, AB 196)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-5. (Deleted by amendment.)
Sec. 6. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 7, 8 and 9 of this act.
Sec. 7. 1. If a fine, administrative assessment or fee is imposed pursuant to this chapter upon a defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a felony or gross misdemeanor, the district court entering the judgment of conviction shall forward to the county treasurer or other office assigned by the county to make collections the information necessary to collect the fine, administrative assessment or fee. The county treasurer or other office assigned by the county to make collections is responsible for such collection efforts and has the authority to collect the fine, administrative assessment or fee.
2. If the county treasurer or other office assigned by the county to make collections is unable to collect the fine, administrative assessment or fee after 60 days, the county treasurer may assign to the Office of the State Controller the responsibility for collection of the fine, administrative assessment or fee through a cooperative agreement pursuant to section 14 of this act, so long as the Office of the State Controller is willing and able to make such collection efforts.
3. If the county treasurer and the Office of the State Controller enter into a cooperative agreement pursuant to section 14 of this act, the county treasurer or other county office assigned by the county to make collections shall forward to the Office of the State Controller the necessary information. For the purposes of this section, the information necessary to collect the fine, administrative assessment or fee shall be considered and limited to:
(a) The name of the defendant;
(b) The date of birth of the defendant;
(c) The social security number of the defendant;
(d) The last known address of the defendant; and
(e) The nature and the amount of money owed by the defendant.
4. If the Office of the State Controller is successful in collecting the fine, administrative assessment or fee, the money collected must be returned to the originating county, minus the costs and fees actually incurred in collecting the fine, administrative assessment or fee pursuant to section 9 of this act.
5. Any money collected pursuant to subsection 4 must be deposited in the State Treasury, pursuant to NRS 176.265.
6. Any record created pursuant to subsection 3 that contains personal identifying information shall not be considered a public record pursuant to NRS 239.010 and must be treated pursuant to NRS 239.0105.
7. Unless otherwise prohibited by law, the entity responsible for collecting the fine, administrative assessment or fee pursuant to this section has the authority to compromise the amount to be collected for the purpose of satisfying the judgment.
κ2011 Statutes of Nevada, Page 910 (CHAPTER 203, AB 196)κ
Sec. 8. If a district court imposes a fine, administrative assessment or fee upon a defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a felony or gross misdemeanor, the district court judge shall advise the defendant at the time of sentencing that:
1. The judgment constitutes a lien, pursuant to NRS 176.275; and
2. If the defendant does not satisfy the lien, collection efforts may be undertaken against the defendant pursuant to the laws of this State.
Sec. 9. 1. A defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill who owes a fine, administrative assessment or fee, pursuant to section 7 of this act, must be assessed by and pay to the county treasurer or other office assigned by the county to make collections the following costs and fees if the county treasurer or other office assigned by the county to make collections is successful in collecting the fine, administrative assessment or fee:
(a) The costs and fees actually incurred in collecting the fine, administrative assessment or fee; and
(b) A fee payable to the county treasurer in the amount of 2 percent of the amount of the fine, administrative assessment or fee assigned to the county treasurer or other office assigned by the county to make collections.
2. The total amount of the costs and fees required to be collected pursuant to subsection 1 must not exceed 35 percent of the amount of the fine, administrative assessment or fee or $50,000, whichever is less.
Sec. 10. Chapter 178 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.
Sec. 11. 1. If a district court orders a defendant to pay for expenses incurred by the county or State in providing the defendant with an attorney pursuant to NRS 178.3975 or makes an execution on the property of the defendant pursuant to NRS 178.398, the district court entering the judgment shall forward to the county treasurer or other office assigned by the county to make collections the information necessary to collect the fee. The county treasurer or other office assigned by the county to make collections is responsible for such collection efforts and has the authority to collect the fee.
2. If the county treasurer or other office assigned by the county to make collections is unable to collect the fee after 60 days, the county treasurer may assign to the Office of the State Controller the responsibility for collection of the fee through a cooperative agreement pursuant to section 14 of this act, so long as the Office of the State Controller is willing and able to make such collection efforts.
3. If the county treasurer and the Office of the State Controller enter into a cooperative agreement pursuant to section 14 of this act, the county treasurer or other county office assigned by the county to make collections shall forward to the Office of the State Controller the necessary information. For purposes of this section, the information necessary to collect the fee shall be considered and limited to:
(a) The name of the defendant;
(b) The date of birth of the defendant;
(c) The social security number of the defendant;
(d) The last known address of the defendant; and
(e) The nature and the amount of money owed by the defendant.
κ2011 Statutes of Nevada, Page 911 (CHAPTER 203, AB 196)κ
4. If the Office of the State Controller is successful in collecting the fee, the money collected must be returned to the originating county, minus the costs and fees actually incurred in collecting the fee.
5. Any money collected must be paid to the county or state public defenders office which bore the expense and which was not reimbursed by another governmental agency, pursuant to NRS 178.3975.
6. Any record created pursuant to subsection 3 that contains personal identifying information shall not be considered a public record pursuant to NRS 239.010 and must be treated pursuant to NRS 239.0105.
7. Unless otherwise prohibited by law, the entity responsible for collecting the fee pursuant to this section, has the authority to compromise the amount to be collected for the purpose of satisfying the judgment.
Sec. 12. 1. A defendant who owes a fee pursuant to section 11 of this act, must be assessed by and pay to the county treasurer or other office assigned by the county to make collections, the following costs and fees if the county treasurer or other office assigned by the county to make collections is successful in collecting the fee:
(a) The costs and fees actually incurred in collecting the fee; and
(b) A fee payable to the county treasurer in the amount of 2 percent of the amount of the fee assigned to the county treasurer or other office assigned by the county to make collections.
2. The total amount of the costs and fees required to be collected pursuant to subsection 1 must not exceed 35 percent of the amount of the fee or $50,000, whichever is less.
Sec. 13. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 and 15 of this act.
Sec. 14. The Office of the State Controller may act as the collection agent for any governmental entity pursuant to a cooperative agreement entered into between the Office of the State Controller and the governmental entity.
Sec. 15. The State Controller or his or her designee may enter into a reciprocal agreement with the Federal Government for the collection and offset of indebtedness, pursuant to which the State will offset from state tax refunds and from payments otherwise due to vendors and contractors providing goods or services to the departments, agencies or institutions of this State, non tax related debt owed to the Federal Government, and the Federal Government will offset from federal payments to vendors and taxpayers debt owed to the State of Nevada.
Sec. 16. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 912κ
Assembly Bill No. 382Assemblymen Hammond, Ohrenschall, Sherwood; and Woodbury
CHAPTER 204
[Approved: June 1, 2011]
AN ACT relating to health care; requiring the Chiropractic Physicians Board of Nevada to establish a preceptor program; prescribing requirements for participation in the program; authorizing unlicensed persons participating in the program to perform chiropractic under certain circumstances; authorizing an applicant for a license to practice chiropractic to perform chiropractic adjustment or manipulation under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, with certain exceptions, a person is not allowed to engage in the practice of chiropractic unless he or she is licensed by the Chiropractic Physicians Board of Nevada. (NRS 634.227) Sections 3-5 of this bill require the Board to establish a preceptor program to enable a student who is enrolled in a college of chiropractic and satisfies other eligibility criteria to obtain supervised clinical experience under an agreement with a licensed chiropractor who is approved by the Board to act as a preceptor in the program. Section 4 of this bill authorizes a student participating in the program to perform chiropractic, including chiropractic adjustment or manipulation, under the direct supervision of a preceptor for up to 1 year. Section 7 of this bill authorizes an applicant for a license to practice chiropractic to perform chiropractic adjustment or manipulation under the direct supervision of a chiropractor under certain circumstances. Section 8 of this bill authorizes the Board to impose a fee for filing an application to participate in the preceptor program. Section 9 of this bill provides that a student who participates in the program and who performs chiropractic does not violate the law prohibiting the unlicensed practice of chiropractic.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 634 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Manipulation means an application of a resistive movement by applying a nonspecific force, without the use of a thrust, which is directed into a region and not into a focal point of the anatomy.
Sec. 3. 1. The Board shall establish a preceptor program to provide supervised clinical experience to students enrolled in colleges of chiropractic.
2. The Board shall adopt regulations to carry out the preceptor program required by this section. The regulations must include, without limitation:
(a) The application procedure for participation in the preceptor program;
(b) Eligibility requirements for students which are in addition to the requirements set forth in section 4 of this act;
κ2011 Statutes of Nevada, Page 913 (CHAPTER 204, AB 382)κ
(c) The form, content and provisions required for a preceptor agreement between a student and a chiropractor; and
(d) Eligibility requirements for the approval of a chiropractor to serve as a preceptor which are in addition to the requirements set forth in section 5 of this act.
Sec. 4. 1. A student who wishes to participate in the preceptor program established by the Board pursuant to section 3 of this act must:
(a) File with the Board an application in the form required by the Board;
(b) Pay the fee for filing an application required by NRS 634.135;
(c) Be enrolled in his or her final academic year at a college of chiropractic that meets the criteria established in paragraph (b) of subsection 1 of NRS 634.090;
(d) Have completed all clinical work required by the Board;
(e) Enter into a preceptor agreement with a chiropractor who is approved by the Board to act as a preceptor pursuant to section 5 of this act; and
(f) Comply with any other requirements prescribed by the Board.
2. The Board may approve or deny an application for a student who wishes to participate in the preceptor program and shall provide notice to the student of its decision.
3. A student who is approved to participate in the preceptor program:
(a) May perform chiropractic, including, without limitation, chiropractic adjustment or manipulation, under the direct supervision of a chiropractor who is approved to act as a preceptor pursuant to section 5 of this act.
(b) Shall not perform chiropractic as a participant in the preceptor program for more than 1 year.
Sec. 5. 1. A chiropractor who wishes to act as a preceptor pursuant to the preceptor program established by the Board pursuant to section 3 of this act must:
(a) File with the Board an application in the form required by the Board;
(b) Pay the fee for filing an application with the Board required by NRS 634.135;
(c) Hold in good standing a license on active status issued pursuant to this chapter;
(d) Have malpractice insurance as may be required by the Board; and
(e) Comply with any other requirements prescribed by the Board.
2. The Board may approve or deny an application for a chiropractor to act as a preceptor and shall give notice to the chiropractor of its decision.
Sec. 6. NRS 634.010 is hereby amended to read as follows:
634.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 634.012 to 634.018, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 634.105 is hereby amended to read as follows:
634.105 [1.] An applicant for a license to practice chiropractic who has the qualifications prescribed in NRS 634.090 may, while waiting to take the Boards examination but for no longer than 2 years, perform chiropractic, [but not] including , without limitation, chiropractic adjustment or manipulation, under the direct supervision of a chiropractor who is professionally and legally responsible for the applicants performance.
κ2011 Statutes of Nevada, Page 914 (CHAPTER 204, AB 382)κ
manipulation, under the direct supervision of a chiropractor who is professionally and legally responsible for the applicants performance.
[2. As used in this section, manipulation means an application of a resistive movement by applying a nonspecific force, without the use of a thrust, which is directed into a region and not into a focal point of the anatomy.]
Sec. 8. NRS 634.135 is hereby amended to read as follows:
634.135 1. The Board may charge and collect fees not to exceed:
For an application for a license to practice chiropractic................................................................................. $200.00
For an examination for a license to practice chiropractic................................................................................. 200.00
For an application for, and the issuance of, a certificate as a chiropractors assistant............................... 100.00
For an examination for a certificate as a chiropractors assistant.................................................................. 100.00
For the issuance of a license to practice chiropractic......................................................................................... 300.00
For the biennial renewal of a license to practice chiropractic........................................................................ 1,000.00
For the biennial renewal of an inactive license to practice chiropractic......................................................... 300.00
For the biennial renewal of a certificate as a chiropractors assistant............................................................ 200.00
For the restoration to active status of an inactive license to practice chiropractic....................................... 300.00
For reinstating a license to practice chiropractic which has been suspended or revoked............................ 500.00
For reinstating a certificate as a chiropractors assistant which has been suspended pursuant to NRS 634.130 100.00
For a review of any subject on the examination................................................................................................... 25.00
For the issuance of a duplicate license or for changing the name on a license................................................ 35.00
For written verification of licensure or issuance of a certificate of good standing.......................................... 25.00
For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic............................................................................................................................................................ 25.00
For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the Board to a person who is not licensed to practice chiropractic.................................................................... 10.00
For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this State................................................................................................................................................................. 35.00
For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this State to a person who is not licensed to practice chiropractic........................................................................................ 25.00
For each page of a list of continuing education courses that have been approved by the Board................. .50
For an application to a preceptor program offered by the Board to graduates of chiropractic schools or colleges 35.00
κ2011 Statutes of Nevada, Page 915 (CHAPTER 204, AB 382)κ
For an application for a student or chiropractor to participate in the preceptor program established by the Board pursuant to section 3 of this act...................................................................................................................... $35.00
For a review by the Board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic............................................................................................................................................................ 25.00
2. In addition to the fees set forth in subsection 1, the Board may charge and collect reasonable and necessary fees for the expedited processing of a request or for any other incidental service it provides.
3. For a check or other method of payment made payable to the Board or tendered to the Board that is returned to the Board or otherwise dishonored upon presentation for payment, the Board shall assess and collect a fee in the amount established by the State Controller pursuant to NRS 353C.115.
Sec. 9. NRS 634.227 is hereby amended to read as follows:
634.227 1. A person who:
(a) Presents to the Board as his or her own the diploma, license or credentials of another;
(b) Gives false or forged evidence of any kind to the Board; or
(c) Practices chiropractic under a false or assumed name or falsely personates another licensee,
Κ is guilty of a misdemeanor.
2. Except as otherwise provided in NRS 634.105, and section 4 of this act, a person who does not hold a license issued pursuant to this chapter and:
(a) Practices chiropractic in this State;
(b) Holds himself or herself out as a chiropractor;
(c) Uses any combination, variation or abbreviation of the terms chiropractor, chiropractic or chiropractic physician as a professional or commercial representation; or
(d) Uses any means which directly or indirectly conveys to another person the impression that he or she is qualified or licensed to practice chiropractic,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 10. This act becomes effective:
1. Upon passage and approval for purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On October 1, 2011, for all other purposes.
________
κ2011 Statutes of Nevada, Page 916κ
Assembly Bill No. 29Committee on Health and Human Services
CHAPTER 205
[Approved: June 1, 2011]
AN ACT relating to health care; increasing the compensation of members of hospital advisory boards; revising provisions governing the staff of physicians at public hospitals; requiring certain hospitals to report information concerning the transfers of patients between hospitals to the Legislative Committee on Health Care; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain boards of hospital trustees of public hospitals to appoint advisory boards and limits the compensation for the service of members of advisory boards to not more than $100 per month. (NRS 450.175) Section 1 of this bill increases the limit on compensation to an amount not to exceed $500 per month.
Existing law requires the board of hospital trustees of a public hospital to organize a staff of physicians composed of each regularly practicing physician, podiatric physician and dentist in the county who requests staff membership and prohibits the board from discriminating against a physician, podiatric physician or dentist. (NRS 450.440, 450.430) Section 3 of this bill provides that the staff of physicians, podiatric physicians and dentists may be required to be affiliated with the University of Nevada School of Medicine or the University of Nevada, Las Vegas, School of Dental Medicine. However, section 3 limits the number of physicians who may be required to be so affiliated to not more than 60 percent of the staff of physicians on or before January 1, 2013, and not more than 85 percent after that date but before January 1, 2018, and in such a percentage as the board of hospital trustees deems appropriate thereafter. If so required, the physician, podiatric physician or dentist who requests staff membership must meet the standards in the regulations of the board of hospital trustees and hold and maintain a faculty or clinical appointment with one of the two Universities. An exception applies, however, if the board of hospital trustees enters into a contract with a physician or group of physicians to be the exclusive provider of certain services. Section 2 of this bill further provides that if a physician loses privileges at a hospital because the physician no longer holds a faculty or clinical appointment with one of the Universities, that action shall not be deemed to be an adverse action against the physician.
Hospitals in this State are required to provide emergency services and care, and it is unlawful for a hospital or a physician working in a hospital emergency room to refuse to accept or treat a patient in need of emergency services and care. (NRS 439B.410) Section 4 of this bill requires certain hospitals located in larger counties to provide a report of certain information to the Legislative Committee on Health Care concerning the transfer of patients from the hospital to another hospital and the availability of specialty medical services in the hospital. Such a report must be made quarterly beginning on October 15, 2011, and cover the period from July 1, 2011, through September 30, 2012.
κ2011 Statutes of Nevada, Page 917 (CHAPTER 205, AB 29)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 450.175 is hereby amended to read as follows:
450.175 1. In counties where the board of county commissioners is the board of hospital trustees, the board of hospital trustees may appoint a hospital advisory board which shall exercise powers and duties delegated to the advisory board by the board of hospital trustees.
2. Members of a hospital advisory board must be appointed by a majority vote of the board of hospital trustees and shall serve at the pleasure of the board.
3. Members of the hospital advisory board may receive compensation for their services [of no more than $100 per month.] in an amount not to exceed $500 per month.
Sec. 2. NRS 450.430 is hereby amended to read as follows:
450.430 1. [In] Except as otherwise provided in NRS 450.440, in the management of the public hospital, no discrimination may be made against physicians, podiatric physicians or dentists licensed under the laws of this state or licensed practitioners of the allied health professions, and all such physicians, dentists, podiatric physicians and practitioners have privileges in treating patients in the hospital in accordance with their training and ability, except that practitioners of the allied health professions may not be members of the staff of physicians described in NRS 450.440. Practitioners of the allied health professions are subject to the bylaws and regulations established by the board of hospital trustees.
2. The patient has the right to employ, at the patients own expense, his or her own physician, if that physician is a member of the hospital staff, or the patients own nurse, and when acting for any patient in the hospital, the physician employed by the patient has charge of the care and treatment of the patient, and the nurses in the hospital shall comply with the directions of the physician concerning that patient, subject to the regulations established by the board of hospital trustees.
3. If a physician loses privileges at a hospital because the physician no longer holds a faculty or clinical appointment with the University of Nevada School of Medicine or the University of Nevada, Las Vegas, School of Dental Medicine, as required pursuant to NRS 450.440, that action shall not be deemed to be an adverse action by the hospital against the physician.
Sec. 3. NRS 450.440 is hereby amended to read as follows:
450.440 1. [The] Except as otherwise provided in subsection 2, the board of hospital trustees shall organize a staff of physicians composed of each regular practicing physician, podiatric physician and dentist in the county in which the hospital is located who requests staff membership and meets the standards set forth in the regulations prescribed by the board of hospital trustees.
κ2011 Statutes of Nevada, Page 918 (CHAPTER 205, AB 29)κ
2. The board of hospital trustees may, after consulting with the chief of staff of the hospital and the deans of the University of Nevada School of Medicine and the University of Nevada, Las Vegas, School of Dental Medicine, organize a staff of physicians composed of physicians, podiatric physicians and dentists who are affiliated with the University of Nevada School of Medicine or the University of Nevada, Las Vegas, School of Dental Medicine who request staff membership and meet the requirements set forth in subsection 3. If the board of hospital trustees organizes a staff of physicians in accordance with this subsection, the board of hospital trustees may require:
(a) Not more than 60 percent of the staff of physicians to be so affiliated before January 1, 2013.
(b) Not more than 85 percent of the staff of physicians to be so affiliated on or after January 1, 2013, and before January 1, 2018.
(c) The staff of physicians to have such an affiliation in such a percentage as the board of hospital trustees deems appropriate on or after January 1, 2018.
3. Except as otherwise provided in subsection 4, if the board of hospital trustees decides to organize the staff of physicians in accordance with subsection 2, a physician, podiatric physician or dentist who requests staff membership must:
(a) Meet the standards set forth in the regulations prescribed by the board of hospital trustees; and
(b) Hold a faculty or clinical appointment with the University of Nevada School of Medicine or the University of Nevada, Las Vegas, School of Dental Medicine and maintain that appointment while he or she is on the staff of physicians.
4. If the board of hospital trustees decides to organize the staff of physicians in accordance with subsection 2, the board of hospital trustees may enter into a contract with a physician or group of physicians who do not meet the requirements of subsection 3 if the physician or group of physicians will be the exclusive provider of certain services for the hospital. Such services may include, without limitation, radiology, pathology, emergency medicine and neonatology services.
5. The provisions of subsections 2 and 3 shall not be deemed to prohibit a physician, podiatric physician or dentist who is on the staff of physicians from being affiliated with another institution of higher education.
6. The staff shall organize in a manner prescribed by the board so that there is a rotation of service among the members of the staff to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the hospital for treatment.
[3.] 7. The board of hospital trustees or the board of county commissioners may offer the following assistance to members of the staff to attract and retain them:
κ2011 Statutes of Nevada, Page 919 (CHAPTER 205, AB 29)κ
(a) Establishment of clinic or group practice;
(b) Malpractice insurance coverage under the hospitals policy of professional liability insurance;
(c) Professional fee billing; and
(d) The opportunity to rent office space in facilities owned or operated by the hospital, as the space is available, if this opportunity is offered to all members of the staff on the same terms and conditions.
Sec. 4. 1. Each hospital located in a county whose population is 700,000 or more which is licensed to have more than 70 beds shall provide to the Legislative Committee on Health Care a report concerning the transfer of patients from one hospital to another hospital. Such information must include:
(a) The number of patients who are transferred from the hospital to another hospital;
(b) The number of patients who were received by the hospital and who were transferred from another hospital;
(c) The reason for each transfer of a patient to another hospital;
(d) The availability of specialty services and care in the hospital; and
(e) Whether each patient who was transferred from the hospital had insurance or some other guaranteed form of payment for services.
2. Each hospital subject to the provisions of subsection 1 shall provide a report to the Legislative Committee on Health Care with the information required at least once every 3 months, and the reports must include information from July 1, 2011, through September 30, 2012. The first report must be made by October 15, 2011, and must include information from July 1, 2011, through September 30, 2011. Subsequent reports must include information for the period since the last report.
3. The information reported pursuant to this section must be made available to each person or entity that provides information pursuant to this section to the extent that it is not required by law to be kept confidential.
4. The information reported pursuant to this section must be maintained and reported in a manner consistent with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
5. As used in this section, specialty services includes, without limitation:
(a) Cardiology services;
(b) Gastroenterological services;
(c) General surgical services;
(d) Neurosurgical services;
(e) Ophthalmology services;
(f) Oral and maxillofacial surgical services;
(g) Orthopedic services;
(h) Otolaryngology services; and
(i) Urological services.
Sec. 5. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 920κ
Senate Bill No. 482Committee on Finance
CHAPTER 206
[Approved: June 1, 2011]
AN ACT making a supplemental appropriation to the Department of Corrections for an unanticipated shortfall in revenue at the Casa Grande Transitional Housing Center; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $562,626 for an unanticipated shortfall in revenue at the Casa Grande Transitional Housing Center. This appropriation is supplemental to that made by section 23 of chapter 388, Statutes of Nevada 2009, at page 2111.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 921κ
Senate Bill No. 495Committee on Revenue
CHAPTER 207
[Approved: June 1, 2011]
AN ACT relating to taxation; proposing a competing measure to Initiative Petition No. 1 by requiring a uniform and equal rate of sales and use tax in a county and prohibiting the creation of special districts in which a higher sales and use tax rate applies in a certain portion of the county; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Initiative Petition No. 1, which was presented to the 76th Session of the Nevada Legislature on February 7, 2011, would impose an additional sales and use tax in certain areas of larger counties in Nevada for the construction, improvement, equipment, operation and maintenance of a sports and entertainment arena through public and private cooperation. This bill proposes a competing measure to Initiative Petition No. 1 by requiring a uniform and equal rate of sales and use tax in a county and prohibiting the creation of special districts in which a higher sales and use tax rate applies in a certain portion of the county.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Legislature hereby finds and declares:
1. Initiative Petition No. 1 would impose an additional sales and use tax in certain areas of larger counties in Nevada for the construction, improvement, equipment, operation and maintenance of a sports and entertainment arena.
2. Uniform and equal rates of taxation are critical to the stability and vitality of the economy in each county of the State of Nevada.
3. This tenet of fair and equal taxation merits inclusion in the Nevada Taxpayers Bill of Rights.
4. The special arena district proposed to be created by Initiative Petition No. 1 would increase the sales and use tax rate in one small area of the county, thereby causing unequal rates.
5. Section 2 of Article 19 of the Nevada Constitution authorizes the Nevada Legislature to propose an alternative measure on the ballot to compete with Initiative Petition No. 1 because the Legislature determines this alternative would better serve the interests of the residents of this State.
Sec. 2. NRS 360.291 is hereby amended to read as follows:
360.291 1. The Legislature hereby declares that each taxpayer has the right:
(a) To be treated by officers and employees of the Department with courtesy, fairness, uniformity, consistency and common sense.
(b) To a prompt response from the Department to each communication from the taxpayer.
(c) To provide the minimum documentation and other information as may reasonably be required by the Department to carry out its duties.
κ2011 Statutes of Nevada, Page 922 (CHAPTER 207, SB 495)κ
(d) To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.
(e) To be notified, in writing, by the Department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.
(f) To written instructions indicating how the taxpayer may petition for:
(1) An adjustment of an assessment;
(2) A refund or credit for overpayment of taxes, interest or penalties; or
(3) A reduction in or the release of a bond or other form of security required to be furnished pursuant to the provisions of this title that are administered by the Department.
(g) Except as otherwise provided in NRS 360.236 and 361.485, to recover an overpayment of taxes promptly upon the final determination of such an overpayment.
(h) To obtain specific advice from the Department concerning taxes imposed by the State.
(i) In any meeting with the Department, including an audit, conference, interview or hearing:
(1) To an explanation by an officer, agent or employee of the Department that describes the procedures to be followed and the taxpayers rights thereunder;
(2) To be represented by himself or herself or anyone who is otherwise authorized by law to represent the taxpayer before the Department;
(3) To make an audio recording using the taxpayers own equipment and at the taxpayers own expense; and
(4) To receive a copy of any document or audio recording made by or in the possession of the Department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the Department of making the copy.
(j) To a full explanation of the Departments authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the Department.
(k) To the immediate release of any lien which the Department has placed on real or personal property for the nonpayment of any tax when:
(1) The tax is paid;
(2) The period of limitation for collecting the tax expires;
(3) The lien is the result of an error by the Department;
(4) The Department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;
(5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;
(6) The release of the lien will facilitate the collection of the taxes, interest and penalties; or
(7) The Department determines that the lien is creating an economic hardship.
(l) To the release or reduction of a bond or other form of security required to be furnished pursuant to the provisions of this title by the Department in accordance with applicable statutes and regulations.
κ2011 Statutes of Nevada, Page 923 (CHAPTER 207, SB 495)κ
(m) To be free from investigation and surveillance by an officer, agent or employee of the Department for any purpose that is not directly related to the administration of the taxes administered by the Department.
(n) To be free from harassment and intimidation by an officer, agent or employee of the Department for any reason.
(o) To have statutes imposing taxes and any regulations adopted pursuant thereto construed in favor of the taxpayer if those statutes or regulations are of doubtful validity or effect, unless there is a specific statutory provision that is applicable.
2. The sales and use tax administered throughout the counties of this State must be uniform and equal within each county so that all areas of each county, and all taxpayers within a county, are subject to an equal rate of sales and use tax.
3. The provisions of this title and title 57 of NRS and NRS 244A.820, 244A.870, 482.313 and 482.315 governing the administration and collection of taxes by the Department must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.
[3.] 4. The provisions of this section apply to any tax administered, regulated and collected by the Department pursuant to the provisions of this title and title 57 of NRS and NRS 244A.820, 244A.870, 482.313 and 482.315 and any regulations adopted by the Department relating thereto.
Sec. 3. Chapter 244A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A special district for which a sales and use tax is imposed may not be created in a portion of a county if it would cause the rate of the sales and use tax in that portion of the county to be higher than in other portions of the county.
2. As used in this section, special district includes, without limitation, an arena district.
Sec. 4. 1. At the general election held on November 6, 2012, the provisions of this act must be submitted to the registered voters of this State, pursuant to Section 2 of Article 19 of the Nevada Constitution, as a different and competing measure enacted by the Legislature on the same subject contained in the initiative petition that was presented to the Legislature by the Secretary of State on February 7, 2011.
2. If the initiative petition that was presented to the Legislature by the Secretary of State on February 7, 2011, is invalidated, withdrawn or for any other reason is not submitted to the registered voters of this State at the general election held on November 6, 2012, the provisions of this act also must not be submitted to the registered voters of this State at that general election and are thereafter void.
3. This act shall become law and take effect in the manner set forth in Section 2 of Article 19 of the Nevada Constitution.
________
κ2011 Statutes of Nevada, Page 924κ
Senate Bill No. 470Committee on Finance
CHAPTER 208
[Approved: June 1, 2011]
AN ACT making a supplemental appropriation to the Department of Corrections for an unanticipated shortfall in Fiscal Year 2010-2011 for increased outside medical costs; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $1,768,407 for increased outside medical costs. This appropriation is supplemental to that made in section 23 of chapter 388, Statutes of Nevada 2009, at page 2111.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 478Committee on Finance
CHAPTER 209
[Approved: June 1, 2011]
AN ACT making a supplemental appropriation to the Department of Motor Vehicles for an unanticipated shortfall in kiosk vendor payments; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles, Directors office, the sum of $583,614 for an unanticipated shortfall in kiosk vendor payments. This appropriation is supplemental to that made by section 32 of chapter 388, Statutes of Nevada 2009, at page 2113.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 925κ
Senate Bill No. 479Committee on Finance
CHAPTER 210
[Approved: June 1, 2011]
AN ACT making a supplemental appropriation to the Department of Motor Vehicles for an unanticipated shortfall in the merchant services fees associated with electronic payments; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles, Administrative Services Division, the sum of $878,997 for an unanticipated shortfall in the merchant services fees associated with electronic payments. This appropriation is supplemental to that made by section 32 of chapter 388, Statutes of Nevada 2009, at page 2113.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 474Committee on Finance
CHAPTER 211
[Approved: June 1, 2011]
AN ACT making a supplemental appropriation to the Department of Corrections to offset a reduction in funds for the State Criminal Alien Assistance Program; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $996,105 to offset a reduction in funds for the State Criminal Alien Assistance Program. This appropriation is supplemental to that made by section 23 of chapter 388, Statutes of Nevada 2009, at page 2111.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 926κ
Senate Bill No. 67Committee on Judiciary
CHAPTER 212
[Approved: June 1, 2011]
AN ACT relating to the Fund for the Compensation of Victims of Crime; revising provisions governing the disbursement of money from the Fund; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the victims of certain crimes, the dependents of those victims and certain members of the victims household or immediate family are authorized to apply to the State Board of Examiners for compensation from the Fund for the Compensation of Victims of Crime for certain expenses and losses. (NRS 217.070, 217.100, 217.102, 217.160, 217.200, 217.260) Certain administrative expenses are also paid with money from the Fund. The Board is required under existing law to estimate quarterly the revenue in the Fund which is available for the payment of compensation and the anticipated expenses for the next quarter. If the estimated expenses for the quarter exceed the available revenue, all claims paid in that quarter are required to be reduced in the same proportion as the expenses exceeded the revenue. (NRS 217.260) This bill requires instead that the money in the Fund be disbursed in accordance with the rules and regulations adopted by the Board. Such rules and regulations must include, without limitation, the requirements that: (1) claims be categorized as to their priority; and (2) claims categorized as the highest priority be paid, in whole or in part, before other claims. The Board is exempt from the requirements of the Nevada Administrative Procedure Act with respect to its adoption of such rules and regulations. (NRS 233B.039)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.260 is hereby amended to read as follows:
217.260 1. Money for payment of compensation as ordered by the Board and for payment of salaries and other expenses incurred by the Department of Administration pursuant to NRS 217.010 to 217.270, inclusive, must be paid from the Fund for the Compensation of Victims of Crime, which is hereby created. Money in the Fund must be disbursed on the order of the Board in the same manner as other claims against the State are [paid.] paid and in accordance with the rules and regulations adopted by the Board pursuant to NRS 217.130. Such rules and regulations must include, without limitation, the requirements that:
(a) Claims be categorized as to their priority; and
(b) Claims categorized as the highest priority be paid, in whole or in part, before other claims.
2. The Board shall estimate quarterly:
(a) The revenue in the Fund which is available for the payment of compensation; and
(b) The anticipated expenses for the next quarter.
[Κ If the estimated expenses for the quarter exceed the available revenue, all claims paid in that quarter must be reduced in the same proportion as the expenses exceeded the revenue.
κ2011 Statutes of Nevada, Page 927 (CHAPTER 212, SB 67)κ
2.] 3. Money deposited in the Fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that money must be used for the counseling and medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.725, 200.730 or 201.230.
[3.] 4. The interest and income earned on the money in the Fund for the Compensation of Victims of Crime, after deducting any applicable charges, must be credited to the Fund.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 441Committee on Finance
CHAPTER 213
[Approved: June 1, 2011]
AN ACT relating to the Department of Motor Vehicles; providing for the imposition of certain fees for the processing by a supplier of self-service terminals or kiosks of certain transactions with the Department; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill authorizes the Director of the Department of Motor Vehicles to enter into a contract with a supplier of self-service terminals or kiosks which authorizes the supplier to process certain transactions that have been designated by the Director and to charge and collect from customers a nonrefundable processing fee for each such transaction. This bill requires the Director to adopt regulations to carry out the provisions of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.051 is hereby amended to read as follows:
481.051 1. The Director shall direct and supervise all administrative and technical activities of the Department.
2. The Director may organize the Department into various divisions, alter the organization and reassign responsibilities and duties as the Director deems appropriate.
3. The Director shall:
(a) Formulate the policy of the Department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the Department.
(c) Adopt such regulations consistent with law as the Director deems necessary for the operation of the Department and the enforcement of all laws administered by the Department.
4. The Director may appoint vendors to serve as agents of the Department to sell temporary permits. The vendor shall collect the fees for the permits issued pursuant to chapter 706 of NRS and pay them to the Department. The vendor shall guarantee payment by giving a bond in an amount not less than $25,000, executed by the vendor as principal, and by a corporation qualified pursuant to the laws of this State as surety, payable to the State of Nevada.
κ2011 Statutes of Nevada, Page 928 (CHAPTER 213, SB 441)κ
amount not less than $25,000, executed by the vendor as principal, and by a corporation qualified pursuant to the laws of this State as surety, payable to the State of Nevada. In lieu of a bond, the vendor may deposit with the State Treasurer a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon approval of the Director. Upon approval of the Governor, the Director may appoint inspectors of the Nevada Transportation Authority and personnel of the Nevada Highway Patrol Division of the Department of Public Safety to serve without remuneration as vendors for the purposes of this subsection.
5. The Director may enter into a contract with a supplier of self-service terminals or kiosks which authorizes the supplier to process through those self-service terminals or kiosks certain transactions pursuant to this chapter and chapters 482, 483 and 485 of NRS that have been designated by the Director and to charge and collect from customers a nonrefundable processing fee for each such transaction. The Director shall adopt regulations to carry out the provisions of this subsection.
6. The Director may delegate to the officers and employees of the Department such authorities and responsibilities not otherwise delegated by law as the Director deems necessary for the efficient conduct of the business of the Department.
Sec. 2. This act becomes effective on July 1, 2011.
________
Senate Bill No. 79Committee on Revenue
CHAPTER 214
[Approved: June 1, 2011]
AN ACT relating to tobacco; revising provisions relating to the Tobacco Master Settlement Agreement; and providing other matters properly relating thereto.
Legislative Counsels Digest:
On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the Master Settlement Agreement, with the State of Nevada. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described in the Master Settlement Agreement, to pay substantial sums to the State, to fund a national foundation devoted to the interests of public health and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking. To prevent tobacco product manufacturers who determined not to enter into such a settlement from using a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the State would have an eventual source of recovery from those manufacturers if they are proven to have acted culpably, the Nevada Legislature, in 1999, enacted provisions requiring all manufacturers of tobacco products sold in this State to participate in the Master Settlement Agreement or to place money in escrow. (Chapter 370A of NRS) In 2005, the Legislature made a finding that violations of chapter 370A of NRS threatened the integrity of the Master Settlement Agreement, the fiscal soundness of the State and public health, and enacted procedural safeguards to aid in the enforcement of the provisions of chapter 370A of NRS and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the State and public health.
κ2011 Statutes of Nevada, Page 929 (CHAPTER 214, SB 79)κ
finding that violations of chapter 370A of NRS threatened the integrity of the Master Settlement Agreement, the fiscal soundness of the State and public health, and enacted procedural safeguards to aid in the enforcement of the provisions of chapter 370A of NRS and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the State and public health. (NRS 370.600-370.705) This bill revises those procedural safeguards.
Section 2 of this bill makes a wholesale dealer of cigarettes liable for a proportionate share of the unpaid required escrow deposits of a nonparticipating manufacturer whose cigarettes were stamped or distributed in this State by the wholesale dealer, exempts a wholesale dealer from that liability if the wholesale dealer requires the nonparticipating manufacturer to prepay those escrow deposits and the wholesale dealer obtains verification of the payment of those escrow deposits from the Attorney General, and provides the wholesale dealer with a claim against the nonparticipating manufacturer for the amount of any such escrow deposits made by the wholesale dealer. Section 3 of this bill requires a nonparticipating manufacturer, under certain circumstances, to post a bond approved by the Attorney General for the benefit of the State of Nevada to ensure the payment of escrow amounts due. Section 4 of this bill authorizes the suspension or revocation of the license of a wholesale dealer under certain circumstances if a similar license of the wholesale dealer is suspended or revoked in another state. Similarly, section 4 also authorizes the removal of a nonparticipating manufacturer from the state directory of manufacturers that have provided current and accurate certifications conforming to the requirements of NRS 370.600-370.705, which is maintained by the Department of Taxation, if the manufacturer is removed from the directory of another state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the removal of the manufacturer from the directory in this State, and under certain other circumstances. Section 5 of this bill creates the Account for Tobacco Enforcement in the State General Fund, provides permissible uses for the money in the Account and requires that the Account be administered by the Attorney General. Section 6 of this bill authorizes the Attorney General to apply for available grants and to accept gifts, grants, appropriations and donations to carry out certain enforcement duties. Sections 7 and 8 of this bill provide civil penalties for certain violations of the provisions of chapters 370 and 370A of NRS and set forth additional penalties that may be imposed if the civil penalties are not paid timely.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in subsection 5:
(a) A wholesale dealer is liable for escrow deposits required pursuant to this chapter and chapter 370A of NRS if :
(1) The wholesale dealer receives notice from the Attorney General or the Department that there is a shortfall in a qualified escrow fund with respect to cigarettes of a nonparticipating manufacturer that were stamped or distributed by the wholesale dealer; and
(2) The shortfall is not cured by the wholesale dealer or nonparticipating manufacturer within 90 calendar days after the wholesale dealer receives that notice.
Κ The liability of the wholesale dealer for the escrow deposits must be calculated pursuant to paragraph (b).
(b) If there is a shortfall in the qualified escrow fund of a nonparticipating manufacturer for a calendar quarter, each wholesale dealer that sold or distributed cigarettes of that nonparticipating manufacturer during that calendar quarter shall deposit into an escrow account designated by the Attorney General an amount equal to the shortfall multiplied by a fraction, the numerator of which is the number of cigarettes of that nonparticipating manufacturer that were sold in or into this State by the wholesale dealer during that calendar quarter, and the denominator of which is the total number of cigarettes of that nonparticipating manufacturer that were sold or distributed by all wholesale dealers in or into this State during that calendar quarter.
κ2011 Statutes of Nevada, Page 930 (CHAPTER 214, SB 79)κ
dealer that sold or distributed cigarettes of that nonparticipating manufacturer during that calendar quarter shall deposit into an escrow account designated by the Attorney General an amount equal to the shortfall multiplied by a fraction, the numerator of which is the number of cigarettes of that nonparticipating manufacturer that were sold in or into this State by the wholesale dealer during that calendar quarter, and the denominator of which is the total number of cigarettes of that nonparticipating manufacturer that were sold or distributed by all wholesale dealers in or into this State during that calendar quarter. In making the calculation, any cigarettes of the nonparticipating manufacturer that were sold or distributed in or into this State by a wholesale dealer during the calendar quarter in which the wholesale dealer collected and deposited the required escrow deposit amount on or before the due date for deposits for that quarter must be excluded from both the numerator and the denominator of the fraction.
2. To the extent that a wholesale dealer makes any payment with respect to a shortfall pursuant to this section, the wholesale dealer has a claim against the nonparticipating manufacturer for the amount of the payment.
3. A wholesale dealer may require a nonparticipating manufacturer, as a condition of the agreement of the wholesale dealer to purchase the cigarettes of the nonparticipating manufacturer, to:
(a) Prepay the escrow deposit amount of the nonparticipating manufacturer into the escrow account designated in the certification of the nonparticipating manufacturer filed with the Attorney General pursuant to NRS 370.665; and
(b) Require the escrow agent to provide to the wholesale dealer and the Attorney General proof of that prepayment.
4. Upon the request of a wholesale dealer who requires a nonparticipating manufacturer to comply with the provisions of paragraphs (a) and (b) of subsection 3, the Attorney General shall provide to the wholesale dealer a written verification of whether the nonparticipating manufacturer has made the escrow deposits required from the nonparticipating manufacturer pursuant to this chapter and chapter 370A of NRS for a calendar quarter.
5. If a wholesale dealer requires a nonparticipating manufacturer to comply with the provisions of paragraph (a) of subsection 3 and receives a written verification from the Attorney General that the nonparticipating manufacturer has made the escrow deposits required from the nonparticipating manufacturer pursuant to this chapter and chapter 370A of NRS for a calendar quarter:
(a) The wholesale dealer is not liable for any of those escrow deposits required for that calendar quarter;
(b) The provisions of subsection 1 do not apply to the wholesale dealer with respect to any cigarettes of the nonparticipating manufacturer that were sold or distributed in or into this State during that calendar quarter; and
(c) The cigarettes of the nonparticipating manufacturer that were sold or distributed in or into this State by the wholesale dealer during that calendar quarter must be excluded entirely from the calculations required by subsection 1.
κ2011 Statutes of Nevada, Page 931 (CHAPTER 214, SB 79)κ
Sec. 3. 1. A nonparticipating manufacturer shall post a bond approved by the Attorney General for the benefit of the State of Nevada if:
(a) The cigarettes of the nonparticipating manufacturer have not been sold in this State during any of the 4 immediately preceding calendar quarters;
(b) The nonparticipating manufacturer or an affiliate failed to make a full and timely escrow deposit due under this chapter or chapter 370A of NRS during any of the immediately preceding 5 calendar years, unless the failure was neither knowing nor reckless and was promptly cured upon notice; or
(c) The nonparticipating manufacturer or an affiliate, or any of the brand families of the nonparticipating manufacturer or an affiliate, were removed from the directory of this or any other state during any of the immediately preceding 5 calendar years, unless the removal is determined to have been erroneous or illegal.
2. The bond must be posted not less than 10 days before the beginning of each calendar quarter as a condition of the nonparticipating manufacturer and its brand families being included in the directory for that quarter. The amount of the bond must be the greater of $25,000 or the largest required escrow amount due from the nonparticipating manufacturer or its predecessor for any of the immediately preceding 12 calendar quarters.
3. If a nonparticipating manufacturer that posted a bond has failed to make or have made on its behalf escrow deposits equal to the full amount due for a calendar quarter within 15 business days after the due date for that calendar quarter, the State of Nevada may execute upon the bond in an amount equal to any remaining escrow amount due.
4. Any amount that the State of Nevada collects on a bond posted by a nonparticipating manufacturer pursuant to this section:
(a) Must be deposited into a special escrow account established and maintained by the State of Nevada and used for purposes authorized for the use of money in the qualified escrow fund of the nonparticipating manufacturer pursuant to this chapter and chapter 370A of NRS; and
(b) Reduces the escrow amount due from the nonparticipating manufacturer in the dollar amount collected.
5. Escrow obligations above the amount collected on the bond remain due from the nonparticipating manufacturer and, as provided in section 2 of this act, from wholesale dealers that sold the cigarettes of the nonparticipating manufacturer during that calendar quarter.
6. The withholding, use or return of amounts deposited into the special escrow account must be handled in the same manner as amounts deposited in the qualified escrow fund of the nonparticipating manufacturer pursuant to the provisions of this chapter and chapter 370A of NRS.
7. As used in this section, affiliate has the meaning ascribed to it in NRS 370A.030.
Sec. 4. 1. The license of a wholesale dealer may be suspended or revoked if a similar license of the wholesale dealer is suspended or revoked in any other state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the suspension or revocation of the license of the wholesale dealer pursuant to NRS 370.379, unless the wholesale dealer demonstrates that the suspension or revocation of its license in the other state was effected without due process.
κ2011 Statutes of Nevada, Page 932 (CHAPTER 214, SB 79)κ
of its license in the other state was effected without due process. A wholesale dealer whose license is suspended or revoked in this State pursuant to this subsection is eligible for reinstatement upon the earlier of the date on which the violation in the other state is cured or the date on which the license of the wholesale dealer is reinstated in the other state.
2. A nonparticipating manufacturer and its brand families may be denied listing in the directory or removed from the directory for any of the following reasons:
(a) The nonparticipating manufacturer is removed from the directory of another state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the removal of the nonparticipating manufacturer from the directory of this State pursuant to NRS 370.675, unless the nonparticipating manufacturer demonstrates that its removal from the directory of the other state was effected without due process. A nonparticipating manufacturer that is removed from the directory of this State pursuant to this paragraph is eligible for reinstatement to the directory upon the earlier of the date on which the violation in the other state is cured or the date on which the nonparticipating manufacturer is reinstated to the directory of the other state.
(b) The nonparticipating manufacturer is convicted of any crime relating to the manufacture, sale or distribution of tobacco products in this State or another state.
(c) The nonparticipating manufacturer fails to report the existence or result, including any conviction, of any investigation of the nonparticipating manufacturer which is known to the nonparticipating manufacturer regarding the commission of any crime relating to the manufacture, sale or distribution of tobacco products in this State or another state.
(d) The nonparticipating manufacturer fails to report any investigation of the nonparticipating manufacturer which is known to the nonparticipating manufacturer regarding any violation of the laws of any other state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the removal of the nonparticipating manufacturer from the directory of this State pursuant to NRS 370.675.
(e) The nonparticipating manufacturer knowingly makes a false, material statement in any report, filing or other communication provided to this State pursuant to this chapter or chapter 370A of NRS.
3. The provisions of NRS 233B.121 to 233B.150, inclusive, apply to:
(a) The suspension or revocation of the license of a wholesale dealer pursuant to subsection 1; and
(b) The removal of a nonparticipating manufacturer and its brand families from the directory pursuant to subsection 2.
Sec. 5. 1. The Account for Tobacco Enforcement is hereby created in the State General Fund. The Attorney General shall administer the Account.
2. The money in the Account must only be used to enforce the provisions of NRS 370.600 to 370.705, inclusive, and sections 2 to 8, inclusive, of this act and to pay the expenses incurred by the Attorney General in the discharge of his or her duties, including, without limitation, expenses relating to the provision of training and the payment of the salaries and benefits of employees.
κ2011 Statutes of Nevada, Page 933 (CHAPTER 214, SB 79)κ
limitation, expenses relating to the provision of training and the payment of the salaries and benefits of employees.
3. Money in the Account must remain in the Account and does not revert to the State General Fund at the end of any fiscal year.
Sec. 6. 1. Except as otherwise provided in subsection 2, the Attorney General may apply for any available grant and may accept any gift, grant or donation to assist in carrying out his or her duties pursuant to NRS 370.600 to 370.705, inclusive, and sections 2 to 8, inclusive, of this act.
2. The Attorney General shall not accept any gift, grant or donation from any manufacturer of tobacco products or any other manufacturer, as that term is defined in NRS 370.0315.
3. Any money received by the Attorney General pursuant to this section must be deposited in the Account for Tobacco Enforcement.
Sec. 7. 1. In addition to or in lieu of any other penalty or remedy provided by law, the Attorney General may seek a civil penalty in an amount not to exceed $1,000 per day for the failure of a wholesale dealer timely or accurately to comply with any provision of this chapter or chapter 370A of NRS. The license of the wholesale dealer may be suspended or revoked if the wholesale dealer fails to pay such a civil penalty within 30 days after it is imposed.
2. In addition to or in lieu of any other penalty or remedy provided by law, the Attorney General may seek a civil penalty in an amount not to exceed $1,000 per day for the failure of a nonparticipating manufacturer timely or accurately to comply with any provision of this chapter or chapter 370A of NRS. A nonparticipating manufacturer and the brand families of a nonparticipating manufacturer may be denied listing in the directory or removed from the directory if the nonparticipating manufacturer fails to pay such a civil penalty within 30 days after it is imposed.
3. Any civil penalty collected pursuant to this section must be deposited in the Account for Tobacco Enforcement.
Sec. 8. In addition to or in lieu of any other penalty or remedy provided by law, the Attorney General may seek a civil penalty in an amount not to exceed $20,000 against any wholesale dealer or nonparticipating manufacturer that makes a certification pursuant to this chapter or chapter 370A of NRS which asserts the truth of any material matter that the wholesale dealer or nonparticipating manufacturer knows to be false or inaccurate. Any civil penalty collected pursuant to this section must be deposited in the Account for Tobacco Enforcement. If such a civil penalty is not paid within 30 days after it is imposed against:
1. A wholesale dealer, the license of the wholesale dealer may be suspended or revoked.
2. A nonparticipating manufacturer, the nonparticipating manufacturer and the brand families of the nonparticipating manufacturer may be denied listing in the directory or removed from the directory.
Sec. 9. NRS 370.257 is hereby amended to read as follows:
370.257 1. Each manufacturer, wholesale dealer and retail dealer shall provide to the Executive Director and his or her designees and to the Secretary or his or her designee, upon request, access to all the reports and records required by NRS 370.001 to 370.430, inclusive. The Department at its sole discretion may share the records and reports required by those sections with law enforcement officials of the Federal Government, this State, other states, Indian tribes or international authorities.
κ2011 Statutes of Nevada, Page 934 (CHAPTER 214, SB 79)κ
sections with law enforcement officials of the Federal Government, this State, other states, Indian tribes or international authorities.
2. Except as otherwise provided in this subsection, the reports submitted by licensees pursuant to NRS 370.001 to 370.430, inclusive, are public records. [Any] Unless otherwise directed or ordered by a court of competent jurisdiction, any information contained in those reports about quantities of cigarettes by brand must not be released to anyone other than persons permitted access to those reports pursuant to subsection 1.
3. The Department may audit the records of each dealer to determine whether the manufacturer, wholesale dealer or retail dealer has complied with the provisions of NRS 370.001 to 370.430, inclusive.
Sec. 10. NRS 370.379 is hereby amended to read as follows:
370.379 1. The Department may suspend or revoke the license of a retail or wholesale dealer who violates the provisions of NRS 370.371 to 370.379, inclusive, or any regulation adopted thereunder, after notice to the licensee and a hearing as prescribed by the Department.
2. The Department, upon a finding that the licensee has failed to comply with any provision of NRS 370.371 to 370.379, inclusive, or any regulation adopted by the Executive Director, shall, in the case of a first offender, suspend the license of the licensee for not less than 5 nor more than 20 consecutive business days. If the Department finds the offender has been guilty of willful and persistent violations, it may suspend for not more than 6 months or revoke the persons license.
3. [A] Except as otherwise provided in section 4 of this act, a person whose license has been revoked may apply to the Department at the end of 1 year for a reinstatement of the license. The Department may reinstate the license if the Department determines that the licensee will comply with the provisions of this chapter and the regulations adopted by the Department.
4. A person whose license has been suspended or revoked shall not sell cigarettes or permit cigarettes to be sold during the period of suspension or revocation on the premises occupied by the person or upon other premises controlled by the person. The expiration, transfer, surrender, continuance, renewal or extension of a license issued pursuant to this chapter does not bar or abate any disciplinary proceedings or action.
Sec. 11. NRS 370.605 is hereby amended to read as follows:
370.605 As used in NRS 370.600 to 370.705, inclusive, and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 370.610 to 370.660, inclusive, have the meanings ascribed to them in those sections.
Sec. 12. NRS 370.690 is hereby amended to read as follows:
370.690 1. To promote compliance with the provisions of NRS 370A.140, the Department may adopt regulations requiring a manufacturer of tobacco products to make the escrow deposits required by NRS 370A.140 in quarterly installments during the year in which the sales covered by those deposits are made. The Department may require the production of information sufficient to enable the Department to determine the adequacy of the amount of each quarterly installment.
2. The Department may adopt such regulations as it deems necessary to carry out the provisions of NRS 370.600 to 370.705, inclusive [.] , and sections 2 to 8, inclusive, of this act.
κ2011 Statutes of Nevada, Page 935 (CHAPTER 214, SB 79)κ
Sec. 13. NRS 370.700 is hereby amended to read as follows:
370.700 1. The Attorney General, on behalf of the Department, may bring an action in the district court of this State to:
(a) Enjoin any threatened or actual violation of the provisions of NRS 370.600 to 370.705, inclusive, and sections 2 to 8, inclusive, of this act by a distributor or manufacturer and to compel the distributor or manufacturer to comply with those provisions; or
(b) Enforce any of the provisions of NRS 370.600 to 370.705, inclusive [.] , and sections 2 to 8, inclusive, of this act.
2. In any action brought by the State to enforce the provisions of NRS 370.600 to 370.705, inclusive, and sections 2 to 8, inclusive, of this act, the State is entitled to recover any costs of investigation, expert witness fees, costs of the action and reasonable attorneys fees.
3. If a court determines that a person has violated any provision of NRS 370.600 to 370.705, inclusive, and sections 2 to 8, inclusive, of this act, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the State Treasurer for deposit in the State General Fund.
4. The remedies and penalties provided in NRS 370.600 to 370.705, inclusive, and sections 2 to 8, inclusive, of this act are cumulative to each other and to the remedies and penalties available under any other law of this State.
Sec. 14. NRS 370.705 is hereby amended to read as follows:
370.705 1. If a court of competent jurisdiction finds that the provisions of NRS 370.600 to 370.705, inclusive, and sections 2 to 8, inclusive, of this act conflict and cannot be harmonized with the provisions of chapter 370A of NRS, then the provisions of chapter 370A of NRS shall be deemed to control.
2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of NRS 370.600 to 370.705, inclusive, and sections 2 to 8, inclusive, of this act causes chapter 370A of NRS to no longer constitute a qualifying or model statute, as those terms are defined in the Master Settlement Agreement, then that portion of NRS 370.600 to 370.705, inclusive, and sections 2 to 8, inclusive, of this act shall be deemed to be invalid.
3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of [NRS 370.600 to 370.705, inclusive,] this chapter is for any reason held to be invalid, unlawful or unconstitutional, that decision shall be deemed not to affect the validity of the remaining portions of [NRS 370.600 to 370.705, inclusive,] this chapter or any part thereof.
________
κ2011 Statutes of Nevada, Page 936κ
Assembly Bill No. 17Committee on Government Affairs
CHAPTER 215
[Approved: June 2, 2011]
AN ACT relating to administrative procedure; exempting the judicial review of decisions of the Public Utilities Commission of Nevada from the requirements of the Nevada Administrative Procedure Act; revising provisions governing the procedure for the judicial review of decisions of the Commission; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that the provisions of chapter 703 of NRS that relate to the judicial review of decisions of the Public Utilities Commission of Nevada prevail over the general provisions of the Nevada Administrative Procedure Act, which is contained in chapter 233B of NRS. (NRS 233B.039) Section 1 of this bill removes that existing provision and instead provides that the provisions of the Nevada Administrative Procedure Act do not apply to the judicial review of decisions of the Commission.
Existing law also sets forth provisions relating to the procedure for the judicial review of decisions of the Commission. (NRS 703.373) Section 1.7 of this bill revises various provisions relating to that procedure and: (1) requires a party seeking judicial review to exhaust all administrative remedies before the party is entitled to seek judicial review of a final decision of the Commission; (2) specifies certain periods in which certain documents must be filed with the court and served upon the parties involved in the judicial review; and (3) provides that a final decision of the Commission is deemed reasonable and lawful until reversed or set aside in whole or in part by the court.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The Governor.
(b) Except as otherwise provided in NRS 209.221, the Department of Corrections.
(c) The Nevada System of Higher Education.
(d) The Office of the Military.
(e) The State Gaming Control Board.
(f) Except as otherwise provided in NRS 368A.140, the Nevada Gaming Commission.
(g) The Division of Welfare and Supportive Services of the Department of Health and Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.
(i) The State Board of Examiners acting pursuant to chapter 217 of NRS.
κ2011 Statutes of Nevada, Page 937 (CHAPTER 215, AB 17)κ
(j) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.
(k) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.
(l) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.
(m) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.
2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) [Chapter 703 of NRS for the judicial review of decisions of the Public Utilities Commission of Nevada;
(d)] Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and
[(e)] (d) NRS 90.800 for the use of summary orders in contested cases,
Κ prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184; [or]
(c) A regulation adopted by the State Board of Education pursuant to NRS 392.644 or 394.1694 [.] ; or
(d) The judicial review of decisions of the Public Utilities Commission of Nevada.
6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Sec. 1.3. NRS 703.330 is hereby amended to read as follows:
703.330 1. A complete record must be kept of all hearings before the Commission. All testimony at such hearings must be taken down by the stenographer appointed by the Commission or, under the direction of any competent person appointed by the Commission, must be reported by sound recording equipment in the manner authorized for reporting testimony in district courts.
κ2011 Statutes of Nevada, Page 938 (CHAPTER 215, AB 17)κ
competent person appointed by the Commission, must be reported by sound recording equipment in the manner authorized for reporting testimony in district courts. The testimony reported by a stenographer must be transcribed, and the transcript filed with the record in the matter. The Commission may by regulation provide for the transcription or safekeeping of sound recordings. The costs of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to NRS 703.310, must be paid by the applicant. If a complaint is made pursuant to NRS 703.310 by a customer or by a political subdivision of the State or municipal organization, the complainant is not liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the Commission may apportion the costs among them in its discretion.
2. [If a petition is served upon the Commission as provided in NRS 703.373 for the bringing of an action against the Commission, before the action is reached for trial, the Commission shall file a certified copy of all proceedings and testimony taken with the clerk of the court in which the action is pending.
3.] A copy of the proceedings and testimony must be furnished to any party, on payment of a reasonable amount to be fixed by the Commission, and the amount must be the same for all parties.
[4.] 3. The provisions of this section do not prohibit the Commission from:
(a) Restricting access to the records and transcripts of a hearing pursuant to paragraph (a) of subsection 3 of NRS 703.196.
(b) Protecting the confidentiality of information pursuant to NRS 704B.310, 704B.320 or 704B.325.
Sec. 1.7. NRS 703.373 is hereby amended to read as follows:
703.373 1. Any party of record to a proceeding before the Commission is entitled to judicial review of the final decision [.] upon the exhaustion of all administrative remedies by the party of record seeking judicial review.
2. Proceedings for review may be instituted by filing a petition for judicial review in the District Court in and for Carson City, in and for the county in which the party of record seeking judicial review resides, or in and for the county where the act on which the proceeding is based occurred.
3. A petition for judicial review must be filed within [90] 30 days after [the service of the] final [decision of] action by the Commission on reconsideration or [, if a] rehearing [is held,] , or if the Commission takes no action on reconsideration or rehearing, within 30 days after the [decision thereon.] date on which reconsideration or rehearing is deemed denied. Copies of the petition for judicial review must be served upon the Commission and all other parties of record.
[3.] 4. The Commission shall participate in the judicial review. Any party of record desiring to participate in the judicial review must file a statement of intent to participate in the petition for judicial review and serve the statement upon the Commission and every party within 15 days after service of the petition for judicial review.
5. Within 30 days after the service of the petition for judicial review or such time as is allowed by the court, the Commission shall transmit to the reviewing court a certified copy of the entire record of the proceeding under review, including a transcript of the evidence resulting in the final decision of the Commission.
κ2011 Statutes of Nevada, Page 939 (CHAPTER 215, AB 17)κ
under review, including a transcript of the evidence resulting in the final decision of the Commission. The record may be shortened by stipulation of the parties to the proceedings.
6. A petitioner who is seeking judicial review must serve and file a memorandum of points and authorities within 30 days after the Commission gives written notice to the parties that the record of the proceeding under review has been filed with the court.
7. The Commission and any other [defendants] respondents shall serve and file [their answers to the petition] a reply memorandum of points and authorities within 30 days after [the] service [thereof,] of the memorandum of points and authorities, whereupon the action is at issue and [they] the parties must be ready for a hearing upon 20 days notice . [to either party.
4. The]
8. Judicial review of a final decision of the Commission must be [conducted] :
(a) Conducted by the court without a jury ; and [be confined]
(b) Confined to the record.
Κ In cases [of] concerning alleged irregularities in procedure before the Commission [,] that are not shown in the record, [proof thereon may be taken in] the court [. The court, upon request, shall hear oral argument and receive written briefs.
5.] may receive evidence concerning the irregularities.
9. The final decision of the Commission shall be deemed reasonable and lawful until reversed or set aside in whole or in part by the court. The burden of proof is on the petitioner to show that the final decision is invalid pursuant to subsection 11.
10. All actions brought under this section have precedence over any civil action of a different nature pending in the court.
[6.] 11. The court shall not substitute its judgment for that of the Commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the Commission or set it aside in whole or in part if substantial rights of the [appellant] petitioner have been prejudiced because the [administrative findings, inferences, conclusions or decisions are:] final decision of the Commission is:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the Commission;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 940κ
Assembly Bill No. 98Assemblyman Segerblom
CHAPTER 216
[Approved: June 2, 2011]
AN ACT relating to emergencies; enacting the Uniform Emergency Volunteer Health Practitioners Act, which allows a participating state to establish a system whereby medical and veterinary service providers from other states may register to provide volunteer medical and veterinary services in that state in the event of an emergency; allowing a participating state to determine how various licensing, liability and certain other state laws will apply to registered medical and veterinary service providers who provide such volunteer services in a state in which they are not licensed to practice; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Division of Emergency Management of the Department of Public Safety is required to implement a program for emergency management in this State to be used during an emergency. (NRS 414.040) This bill enacts the Uniform Emergency Volunteer Health Practitioners Act, and section 22 of this bill authorizes the Division to designate a registration system whereby health care practitioners from other states may register to provide volunteer health care and veterinary services in this State in certain emergency situations. Section 21 of this bill authorizes the Division to limit, restrict and regulate the activities of such registered volunteers during such an emergency. Section 23 of this bill provides that such registered volunteers may only provide volunteer health care or veterinary services if they are licensed and in good standing in their home state. Section 25 of this bill limits the practice in this State by such a registered volunteer to only those services within the volunteers scope of practice, unless specifically authorized to practice outside that scope by the Division. Section 25 also authorizes licensing boards or other disciplinary authorities in this State to impose administrative sanctions upon such registered volunteers for certain conduct, to report such sanctions to the state in which the volunteer is licensed and to impose administrative sanctions upon a health practitioner licensed in this State for certain conduct in another state if the practitioner was volunteering in that state under this Uniform Act. Section 27 of this bill authorizes the Division to adopt regulations to carry out this Uniform Act.
Existing law sets forth that health care providers licensed in this State who render emergency care or assistance in certain emergencies are not liable for civil damages for any act or omission unless that act or omission rises to the level of gross negligence. (NRS 41.504, 41.505) Under existing law, certain volunteers who work with a state or local public organization are considered, for the purposes of eligibility for benefits under industrial insurance, to be employees of that organization at a wage of $100 per month. (NRS 616A.130) Section 28 of this bill limits the liability of registered volunteer health practitioners volunteering in this State to only those acts or omissions in the provision of health care or veterinary services that rise to the level of gross negligence. Section 29 of this bill makes such registered volunteers eligible, in certain circumstances, for the same industrial insurance benefits as other volunteers in this State, and for the same occupational disease benefits as employees of this State.
κ2011 Statutes of Nevada, Page 941 (CHAPTER 216, AB 98)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 36 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 30, inclusive, of this act.
Sec. 2. Sections 2 to 30, inclusive, of this act may be cited as the Uniform Emergency Volunteer Health Practitioners Act.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 19, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Disaster relief organization means an entity which provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners and which:
1. Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the Federal Government, the Governor or the Division; or
2. Regularly plans and conducts its activities in coordination with an agency of the Federal Government or the Division.
Sec. 5. Division means the Division of Emergency Management of the Department of Public Safety.
Sec. 6. Emergency means an event or condition that is proclaimed an emergency or disaster pursuant to NRS 414.070.
Sec. 7. Emergency declaration means a declaration of emergency issued by a person or entity authorized to do so pursuant to the laws of this State.
Sec. 8. Emergency Management Assistance Compact means the interstate compact approved by Congress by Public Law 104-321, 110 Stat. 3877, and codified as NRS 415.010.
Sec. 9. Entity means a person other than an individual.
Sec. 10. Health facility means an entity licensed under the laws of this or another state to provide health or veterinary services.
Sec. 11. Health practitioner means:
1. A provider of health care, as that term is defined in NRS 629.031;
2. Any other individual licensed to provide health care pursuant to the provisions of Title 54 of NRS; or
3. An individual licensed in the professions under the laws of another state to provide health or veterinary services.
Sec. 12. Health services means treatment, care, advice or guidance, or other services or supplies, related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including, without limitation:
1. The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:
(a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care; and
(b) Counseling, assessment, procedures or other services;
2. The sale or dispensing of a drug, a device, equipment or another item to an individual in accordance with a prescription; and
κ2011 Statutes of Nevada, Page 942 (CHAPTER 216, AB 98)κ
3. Funeral, cremation, cemetery or other mortuary services.
Sec. 13. Host entity means an entity operating in this State which uses volunteer health practitioners to respond to an emergency.
Sec. 14. License means authorization by a state to engage in the provision of health or veterinary services that would be unlawful to provide without the authorization. The term includes authorization under the laws of this State for an individual to provide health or veterinary services based upon a national certification issued by a public or private entity.
Sec. 15. Person means an individual, corporation, business trust, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency, instrumentality or any other legal or commercial entity.
Sec. 16. Scope of practice means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioners services are rendered, including, without limitation, any conditions imposed by the relevant licensing authority.
Sec. 17. State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
Sec. 18. Veterinary services means treatment, care, advice or guidance, or other services or supplies, related to the health or death of an animal or animal populations, to the extent necessary to respond to an emergency, including, without limitation:
1. Diagnosis, treatment or prevention of an animals disease, injury or other physical or mental condition by the prescription, administration or dispensing of vaccine, medicine, surgery or therapy;
2. Use of a procedure for reproductive management; and
3. Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans.
Sec. 19. Volunteer health practitioner means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. The term does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate which requires the practitioner to provide health services in this State, unless the practitioner is not a resident of this State and is employed by a disaster relief organization providing services in this State while an emergency declaration is in effect.
Sec. 20. Sections 2 to 30, inclusive, of this act apply to volunteer health practitioners who are registered with a registration system that complies with section 22 of this act and who provide health or veterinary services in this State for a host entity:
1. While an emergency declaration is in effect;
2. While participating in required training exercises to prepare for the declaration of an emergency; or
3. When responding to an event with the reasonable expectation that the event will be declared an emergency.
Sec. 21. 1. While an emergency declaration is in effect, the Division may by order limit, restrict or otherwise regulate:
κ2011 Statutes of Nevada, Page 943 (CHAPTER 216, AB 98)κ
(a) The duration of practice by volunteer health practitioners;
(b) The geographical areas in which volunteer health practitioners may practice;
(c) The types of volunteer health practitioners who may practice; and
(d) Any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.
2. An order issued pursuant to subsection 1 may take effect immediately, without prior notice or comment, and is not a regulation for the purposes of chapter 233B of NRS.
3. A host entity that uses volunteer health practitioners to provide health or veterinary services in this State shall:
(a) Consult with and coordinate its activities with the Division to the extent practicable to provide for the efficient and effective use of those volunteer health practitioners; and
(b) Comply with any laws other than sections 2 to 30, inclusive, of this act relating to the management of emergency health or veterinary services, including, without limitation, the provisions of chapter 414 of NRS.
Sec. 22. 1. To qualify as a registration system for volunteer health practitioners, a system must:
(a) Accept applications for the registration of volunteer health practitioners before or during an emergency;
(b) Include information about the licensure and standing of health practitioners which is accessible by authorized persons;
(c) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before the practitioner provides health services or veterinary services pursuant to sections 2 to 30, inclusive, of this act; and
(d) Meet one of the following conditions:
(1) Be an emergency system for advance registration of volunteer health care practitioners established by a state and funded through the United States Department of Health and Human Services under Section 319I of the Public Health Service Act, 42 U.S.C. § 247d-7b, as amended;
(2) Be a local unit consisting of trained and equipped emergency response, public health and medical personnel formed pursuant to Section 2801 of the Public Health Service Act, 42 U.S.C. § 300hh, as amended;
(3) Be operated by a:
(I) Disaster relief organization;
(II) Licensing board;
(III) National or regional association of licensing boards or health practitioners;
(IV) Health facility that provides comprehensive inpatient and outpatient health care services, including, without limitation, a hospital; or
(V) Governmental entity; or
(4) Be designated by the Division as a registration system for the purposes of sections 2 to 30, inclusive, of this act.
2. While an emergency declaration is in effect, the Division, a person authorized to act on behalf of the Division or a host entity may confirm whether volunteer health practitioners utilized in this State are registered with a registration system that complies with subsection 1. Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.
κ2011 Statutes of Nevada, Page 944 (CHAPTER 216, AB 98)κ
3. Upon the request of a person or entity in this State authorized to do so pursuant to subsection 2, or a similarly authorized person or entity in another state, a registration system located in this State must notify the person or entity of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.
4. A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system which indicates that the practitioner is licensed and in good standing.
Sec. 23. 1. Notwithstanding any other provision of law, while an emergency declaration is in effect, a volunteer health practitioner who is registered with a registration system that complies with section 22 of this act and who is licensed and in good standing in the state upon which the practitioners registration is based may practice in this State to the extent authorized by sections 2 to 30, inclusive, of this act, as though the practitioner were licensed in this State.
2. A volunteer health practitioner qualified under subsection 1 is not entitled to the protections of sections 2 to 30, inclusive, of this act if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.
Sec. 24. 1. Sections 2 to 30, inclusive, of this act do not affect credentialing or privileging standards of a health facility and do not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.
2. As used in this section:
(a) Credentialing means obtaining, verifying and assessing the qualifications of a health practitioner to provide treatment, care or services in or for a health facility.
(b) Privileging means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care or services at a health facility subject to limits based on factors that include, without limitation, the practitioners license, education, training, experience, competence, health status and specialized skill.
Sec. 25. 1. Subject to subsections 2 and 3, a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts or other laws of this State.
2. Except as otherwise provided in subsection 3, sections 2 to 30, inclusive, of this act do not authorize a volunteer health practitioner to provide services that are outside the practitioners scope of practice, even if a similarly licensed practitioner in this State would be allowed to provide the services.
3. The Division may modify or restrict the health or veterinary services that volunteer health practitioners may provide pursuant to sections 2 to 30, inclusive, of this act. An order under this subsection may take effect immediately, without prior notice or comment, and is not a regulation for the purposes of chapter 233B of NRS.
κ2011 Statutes of Nevada, Page 945 (CHAPTER 216, AB 98)κ
4. A host entity may restrict the health or veterinary services that a volunteer health practitioner is allowed to provide pursuant to sections 2 to 30, inclusive, of this act.
5. A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification or restriction under this section or that a similarly licensed practitioner in this State would not be allowed to provide the services. A volunteer health practitioner has reason to know of a limitation, modification or restriction or that a similarly licensed practitioner in this State would not be allowed to provide a service if:
(a) The practitioner actually knows that the limitation, modification or restriction exists or that a similarly licensed practitioner in this State would not be allowed to provide the service; or
(b) From all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification or restriction exists or that a similarly licensed practitioner in this State would not be allowed to provide the service.
6. In addition to the authority granted by the laws of this State other than sections 2 to 30, inclusive, of this act to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this State:
(a) May impose administrative sanctions upon a health practitioner licensed in this State for conduct outside of this State in response to an out-of-state emergency;
(b) May impose administrative sanctions upon a practitioner not licensed in this State for conduct in this State in response to an in-state emergency; and
(c) Shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.
7. In determining whether to impose administrative sanctions pursuant to subsection 6, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including, without limitation, any exigent circumstances and the practitioners scope of practice, education, training, experience and specialized skill.
Sec. 26. 1. Sections 2 to 30, inclusive, of this act do not limit any rights, privileges or immunities provided to volunteer health practitioners by laws other than sections 2 to 30, inclusive, of this act. Except as otherwise provided in subsection 2, sections 2 to 30, inclusive, of this act do not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact.
2. The Division, pursuant to the Emergency Management Assistance Compact, may incorporate into the emergency personnel of this State volunteer health practitioners who are not officers or employees of this State, a political subdivision of this State or a municipality or other local government within this State.
Sec. 27. The Division may adopt regulations to carry out sections 2 to 30, inclusive, of this act. In doing so, the Division shall consult with the Governor and consider any pertinent rules or regulations promulgated by similarly empowered agencies in other states to promote uniformity in the application of sections 2 to 30, inclusive, of this act and make the emergency response systems in the various states reasonably compatible.
κ2011 Statutes of Nevada, Page 946 (CHAPTER 216, AB 98)κ
application of sections 2 to 30, inclusive, of this act and make the emergency response systems in the various states reasonably compatible.
Sec. 28. 1. Subject to subsection 3, a volunteer health practitioner who provides health or veterinary services pursuant to sections 2 to 30, inclusive, of this act is not liable for damages for an act or omission of the practitioner in providing those services.
2. No person is vicariously liable for damages for an act or omission of a volunteer health practitioner if the practitioner is not liable for the damages under subsection 1.
3. This section does not limit the liability of a volunteer health practitioner for:
(a) Willful misconduct or wanton, grossly negligent, reckless or criminal conduct;
(b) An intentional tort;
(c) Breach of contract;
(d) A claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or
(e) An act or omission relating to the operation of a motor vehicle, vessel, aircraft or other vehicle.
4. A person who, pursuant to sections 2 to 30, inclusive, of this act, operates, uses or relies upon information provided by a volunteer health practitioner registration system is not liable for damages for an act or omission relating to that operation, use or reliance unless the act or omission constitutes an intentional tort, willful misconduct, or wanton, grossly negligent, reckless or criminal conduct.
5. In addition to the protections set forth in subsection 1, a volunteer health practitioner who provides health or veterinary services pursuant to sections 2 to 30, inclusive, of this act is entitled to all the rights, privileges or immunities provided by the laws of this State.
Sec. 29. 1. A volunteer health practitioner who dies or is injured as a result of providing health or veterinary services pursuant to sections 2 to 30, inclusive, of this act is deemed to be an employee as defined in section 31.5 of this act for the purposes of receiving benefits for the death or injury pursuant to chapters 616A to 616D, inclusive, of NRS if:
(a) The practitioner is not otherwise eligible for such benefits for the injury or death under the laws of this or another state; and
(b) The practitioner or, in the case of death, the practitioners personal representative, files a claim for compensation under chapters 616A to 616D, inclusive, of NRS.
2. A volunteer health practitioner who dies or is injured as the result of an occupational disease arising from the provision of health or veterinary services pursuant to sections 2 to 30, inclusive, of this act is deemed to be an employee, as defined in NRS 617.070, for the purposes of receiving benefits for the death or injury under chapter 617 of NRS if:
(a) The practitioner is not otherwise eligible for such benefits for the injury or death under the laws of this or another state; and
(b) The practitioner or, in the case of death, the practitioners personal representative, files a claim for compensation under chapter 617 of NRS.
3. The Division of Industrial Relations of the Department of Business and Industry may adopt regulations, enter into agreements with other states, or take other measures to facilitate the receipt of benefits for injury or death under chapters 616A to 617, inclusive, of NRS by volunteer health practitioners who reside in other states and may waive or modify requirements for filing, processing and paying claims that unreasonably burden the practitioners.
κ2011 Statutes of Nevada, Page 947 (CHAPTER 216, AB 98)κ
practitioners who reside in other states and may waive or modify requirements for filing, processing and paying claims that unreasonably burden the practitioners. To promote uniformity in the application of sections 2 to 30, inclusive, of this act with other states that enact similar legislation, the Division of Industrial Relations shall consult with, and consider the practices for filing, processing and paying claims by, agencies having similar authority in other states.
4. As used in this section, injury means a physical injury or mental injury, as described in NRS 616C.180, or a disease for which an employee of this State who is injured or contracts the disease in the course of the employees employment would be entitled to benefits under chapters 616A to 617, inclusive, of NRS.
Sec. 30. In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Sec. 31. NRS 414.040 is hereby amended to read as follows:
414.040 1. A Division of Emergency Management is hereby created within the Department of Public Safety. The Chief of the Division is appointed by and holds office at the pleasure of the Director of the Department of Public Safety. The Division is the State Agency for Emergency Management and the State Agency for Civil Defense for the purposes of the Compact ratified by the Legislature pursuant to NRS 415.010. The Chief is the States Director of Emergency Management and the States Director of Civil Defense for the purposes of that Compact.
2. The Chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
3. The Chief, subject to the direction and control of the Director, shall carry out the program for emergency management in this state. The Chief shall coordinate the activities of all organizations for emergency management within the State, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the Director.
4. The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies or disasters. In adopting this process, the Chief shall conduct activities designed to:
(a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;
(b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency or disaster occurs by fostering the adoption of plans for emergency operations, conducting exercises to test those plans, training necessary personnel and acquiring necessary resources;
κ2011 Statutes of Nevada, Page 948 (CHAPTER 216, AB 98)κ
(c) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;
(d) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and
(e) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.
5. The Division shall perform the duties required pursuant to sections 2 to 30, inclusive, of this act.
6. The Division shall perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government.
Sec. 31.5. Chapter 616A of NRS is hereby amended by adding thereto a new section to read as follows:
A volunteer health practitioner, as defined in section 19 of this act, who provides health or veterinary services pursuant to sections 2 to 30, inclusive, of this act, shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of the host entity, as defined in section 13 of this act, or a registration system that qualifies pursuant to section 22 of this act, at the wage of $100 per month and, in the event of injury while the provisions of sections 2 to 30, inclusive, of this act apply to the volunteer health practitioner, is entitled to the benefits of those chapters.
Sec. 31.8. NRS 616A.025 is hereby amended to read as follows:
616A.025 As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, and section 31.5 of this act have the meanings ascribed to them in those sections.
Sec. 32. (Deleted by amendment.)
Sec. 32.5. NRS 616A.105 is hereby amended to read as follows:
616A.105 Employee and worker are used interchangeably in chapters 616A to 616D, inclusive, of NRS and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands.
5. Volunteer health practitioners, as defined in section 19 of this act, who are providing health or veterinary services pursuant to sections 2 to 30, inclusive, of this act and are entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of section 29 of this act.
Sec. 32.8. NRS 616B.031 is hereby amended to read as follows:
616B.031 1. Except as otherwise provided in subsection 2, an insurer shall not issue a policy of industrial insurance to an employer that does not cover each employee of that employer who satisfies the definition of employee set forth in NRS 616A.105 to 616A.225, inclusive [.]
κ2011 Statutes of Nevada, Page 949 (CHAPTER 216, AB 98)κ
cover each employee of that employer who satisfies the definition of employee set forth in NRS 616A.105 to 616A.225, inclusive [.] , and section 31.5 of this act.
2. If the employer is a contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program established pursuant to NRS 616B.710 to 616B.737, inclusive, an insurer may issue a policy of industrial insurance to that employer which does not cover an employee who:
(a) Is assigned to participate in the construction of the project that is covered by the consolidated insurance program; and
(b) Works exclusively at the site of the construction project that is covered by the consolidated insurance program.
Sec. 33. NRS 617.070 is hereby amended to read as follows:
617.070 Employee and worker are used interchangeably in this chapter and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. Volunteer firefighters entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145.
5. Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands.
6. Volunteer health practitioners, as defined in section 19 of this act, who are providing health or veterinary services pursuant to sections 2 to 30, inclusive, of this act and are entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of section 29 of this act.
Sec. 33.5. The Division of Emergency Management of the Department of Public Safety shall adopt any regulations necessary to implement the provisions of this act on or before October 1, 2011.
Sec. 34. This act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2011, for all other purposes.
________
κ2011 Statutes of Nevada, Page 950κ
Assembly Bill No. 122Assemblyman Livermore
CHAPTER 217
[Approved: June 2, 2011]
AN ACT relating to energy; revising provisions concerning the imposition of certain reasonable restrictions or requirements relating to systems for obtaining wind energy; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the governing body of a city or county: (1) may enact zoning regulations and restrictions to promote the health, safety, morals or general welfare of the community; (2) is prohibited from adopting an ordinance or taking any other action which unreasonably prohibits or restricts an owner of real property from using a system for obtaining wind energy on his or her property; and (3) may impose a reasonable restriction on the use of a system for obtaining wind energy which is related to the height, noise or safety of the system. (NRS 278.020, 278.02077) This bill provides that, in addition to reasonable restrictions relating to height, noise or safety, reasonable restrictions on the use of a system for obtaining wind energy may include restrictions relating to setback, location and finish. This bill also deletes provisions which provide that the governing body of a city or county unreasonably prohibits or restricts the use of a system for obtaining wind energy if the governing body imposes restrictions that significantly decrease the efficiency or performance of the wind energy system unless the restriction provides for the use of a comparable alternative system.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Nevada has significant amounts of wind resources available for use in the production of clean, renewable sources of energy; and
Whereas, It has been a stated goal of the Nevada Legislature to encourage the availability of these wind resources for use by the residents of this State; and
Whereas, Local governments have traditionally been authorized to enact zoning and land use regulations and restrictions to promote the health, safety, morals and general welfare of their communities; and
Whereas, It is the intent of the Nevada Legislature to encourage local governments to balance the use of clean, renewable sources of energy with the promotion of the health, safety, morals and general welfare of their communities; now, therefore
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.02077 is hereby amended to read as follows:
278.02077 1. Except as otherwise provided in subsection 2:
(a) A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts the owner of real property from using a system for obtaining wind energy on his or her property.
κ2011 Statutes of Nevada, Page 951 (CHAPTER 217, AB 122)κ
(b) Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts the owner of the property from using a system for obtaining wind energy on his or her property is void and unenforceable.
2. The provisions of subsection 1 do not prohibit a reasonable restriction or requirement:
(a) Imposed pursuant to a determination by the Federal Aviation Administration that the installation of the system for obtaining wind energy would create a hazard to air navigation; or
(b) Relating to the finish, height, location, noise , [or] safety or setback of a system for obtaining wind energy.
[3. For the purposes of this section, unreasonably restricts the owner of the property from using a system for obtaining wind energy includes the placing of a restriction or requirement on the use of a system for obtaining wind energy which significantly decreases the efficiency or performance of the system and which does not allow for the use of an alternative system at a substantially comparable cost and with substantially comparable efficiency and performance.]
Sec. 2. (Deleted by amendment.)
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 132Committee on Legislative Operations and Elections
CHAPTER 218
[Approved: June 2, 2011]
AN ACT relating to elections; revising provisions governing the dates for certain city elections; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Certain cities that are created by charters hold municipal elections in odd-numbered years (Boulder City, Caliente, Elko, Henderson, Las Vegas, North Las Vegas and Yerington). Sections 20-47 of this bill amend the charters of Boulder City, Caliente, Henderson, Las Vegas, North Las Vegas and Yerington to authorize the city councils of those cities to choose by ordinance to hold city elections on the state election cycle, which is in even-numbered years. If the city council of Boulder City, Henderson, Las Vegas or North Las Vegas adopts such an ordinance, sections 21, 33, 39 and 40.5 of this bill provide that the ordinance must not affect the term of office of any elected official of the city serving in office on the effective date of the ordinance but may affect the next succeeding term for that office. If such an ordinance is adopted and subsequently repealed, the city would return to holding its elections in odd-numbered years, as provided in its existing city charter.
κ2011 Statutes of Nevada, Page 952 (CHAPTER 218, AB 132)κ
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-19. (Deleted by amendment.)
Sec. 20. Section 4 of the charter of Boulder City is hereby amended to read as follows:
Section 4. Number; selection and term; recall.
1. [The] Except as otherwise provided in section 96, the City Council shall have four Council Members and a Mayor elected from the City at large in the manner provided in Article IX, for terms of four years and until their successors have been elected and have taken office as provided in section 16 . [, subject to recall as provided in section 111.5.] No Council Member shall represent any particular constituency or district of the City, and each Council Member shall represent the entire City. (Amd. 2; 6-4-1991; Add. 17; Amd. 1; 11-5-1996)
2. (Repealed by Amd. 1; 6-4-1991)
3. The Council Members and the Mayor are subject to recall as provided in section 111.5.
Sec. 21. Section 96 of the charter of Boulder City is hereby amended to read as follows:
Section 96. Conduct of [city] municipal elections.
1. All [city] municipal elections must be nonpartisan in character and must be conducted in accordance with the provisions of the general election laws of the State of Nevada and any ordinance regulations as adopted by the City Council which are consistent with law and this Charter. (1959 Charter)
2. All full terms of office in the City Council are [four] 4 years, and Council Members must be elected at large without regard to precinct residency. [Two] Except as otherwise provided in subsection 8, two full-term Council members and the Mayor are to be elected in each year immediately preceding a federal presidential election, and two full-term Council members are to be elected in each year immediately following a federal presidential election. In each election, the candidates receiving the greatest number of votes must be declared elected to the vacant full-term positions. (Add. 17; Amd. 1; 11-5-1996)
[(a)] 3. In the event one or more [two] 2-year term positions on the Council will be available at the time of a municipal election as provided in section 12, candidates must file specifically for such position(s). Candidates receiving the greatest respective number of votes must be declared elected to the respective available [two] 2-year positions. (Add. 15; Amd. 2; 6-4-1991)
[3. A city]
4. Except as otherwise provided in subsection 8, a primary municipal election must be held on the first Tuesday after the first Monday in April of each odd-numbered year and a [city] general municipal election must be held on the first Tuesday after the first Monday in June of each odd-numbered year.
κ2011 Statutes of Nevada, Page 953 (CHAPTER 218, AB 132)κ
[(a)] 5. A primary municipal election must not be held if no more than double the number of Council Members to be elected file as candidates. A primary municipal election must not be held for the office of Mayor if no more than two candidates file for that position. The primary municipal election must be held for the purpose of eliminating candidates in excess of a figure double the number of Council Members to be elected. (Add. 17; Amd. 1; 11-5-1996)
[(b)] 6. If, in the primary [city] municipal election, a candidate receives votes equal to a majority of voters casting ballots in that election, he or she shall be considered elected to one of the vacancies and his or her name shall not be placed on the ballot for the general [city] municipal election. (Add. 10; Amd. 7; 6-2-1981)
[(c)] 7. In each primary and general municipal election, voters [shall be] are entitled to cast ballots for candidates in a number equal to the number of seats to be filled in the [city] municipal elections. (Add. 11; Amd. 5; 6-7-1983)
[4.] 8. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
9. If the City Council adopts an ordinance pursuant to subsection 8, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
10. If the City Council adopts an ordinance pursuant to subsection 8, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.
11. The conduct of all municipal elections [shall] must be under the control of the City Council, which shall adopt by ordinance all regulations which it considers desirable and consistent with law and this Charter. Nothing in this Charter shall be construed as to deny or abridge the power of the City Council to provide for supplemental regulations for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud. (Add. 24; Amd. 1; 6-3-2003)
Sec. 22. Section 111.5 of the charter of Boulder City is hereby amended to read as follows:
Section 111.5. Recall of the Mayor and Council Members.
As provided by the general laws of this State, the Mayor and every member of the City Council [is] are subject to recall from office. (Add. 5; Amd. 5; 6-8-1971; Add. 24; Amd. 1; 6-3-2003)
Sec. 23. (Deleted by amendment.)
κ2011 Statutes of Nevada, Page 954 (CHAPTER 218, AB 132)κ
Sec. 24. Section 2.010 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 98, Statutes of Nevada 1977, at page 202, is hereby amended to read as follows:
Sec. 2.010 City Council: Qualifications; election; term of office; salary.
1. The legislative power of the City is vested in a City Council consisting of five Council Members, including the Mayor.
2. The Mayor and each Council Member [shall] must be:
(a) Bona fide residents of the City for at least 2 years immediately prior to their election.
(b) Qualified electors within the City.
3. All Council Members, including the Mayor, [shall] must be voted upon by the registered voters of the City at large and shall serve for terms of 4 years except as otherwise provided in [subsection 3 of] section 5.010.
4. The Mayor and Council Members shall receive a salary in an amount fixed by the City Council. Such salary [shall] must not be increased or diminished during the term of the recipient.
Sec. 25. Section 5.010 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as amended by chapter 71, Statutes of Nevada 1975, at page 82, is hereby amended to read as follows:
Sec. 5.010 Municipal elections.
1. Except as otherwise provided in subsection 2:
(a) On the [1st] first Tuesday after the [1st] first Monday in June 1973, there [shall] must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and one Council Member who shall hold office for a period of 4 years and until their successors have been elected and qualified.
[2.] (b) On the [1st] first Tuesday after the [1st] first Monday in June 1975, and at each successive interval of 4 years thereafter, there [shall] must be elected by the qualified voters of the City , at a general municipal election to be held for that purpose , two Council Members [,] who shall hold office for a period of 4 years and until their successors have been elected and qualified.
[3.] (c) On the [1st] first Tuesday after the [1st] first Monday in June 1975, there shall be elected by the qualified voters of the City at a general municipal election to be held for that purpose one Council Member who shall hold office for a period of 2 years and until his or her successor has been elected and qualified.
[4.] (d) On the [1st] first Tuesday after the [1st] first Monday in June 1977, and at each successive interval of 4 years, there [shall] must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
2. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
κ2011 Statutes of Nevada, Page 955 (CHAPTER 218, AB 132)κ
3. If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
4. If the City Council adopts an ordinance pursuant to subsection 2, the term of office of any elected official may be shortened but may not be lengthened as a result of the ordinance.
Secs. 26-29. (Deleted by amendment.)
Sec. 30. Section 2.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2206, is hereby amended to read as follows:
Sec. 2.010 City Council: Qualifications; election; term of office; salary.
1. The legislative power of the City is vested in a City Council consisting of four Council Members and the Mayor.
2. The Mayor must be:
(a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.
(b) A qualified elector within the City.
3. Each Council Member must be:
(a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.
(b) A qualified elector within the ward which he or she represents.
(c) A resident of the ward which he or she represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, except that changes in ward boundaries pursuant to the provisions of section 1.040 do not affect the right of any elected Council Member to continue in office for the term for which he or she was elected.
4. All Council Members, including the Mayor, must be voted upon by the registered voters of the City at large and , except as otherwise provided in section 5.020, shall serve for terms of 4 years.
5. The Mayor and Council Members are entitled to receive a salary in an amount fixed by the City Council. The City Council shall not adopt an ordinance which increases or decreases the salary of the Mayor or the Council Members during the term for which they have been elected or appointed.
Sec. 31. Section 4.015 of the Charter of the City of Henderson, being chapter 231, Statutes of Nevada 1991, as last amended by chapter 209, Statutes of Nevada 2001, at page 970, is hereby amended to read as follows:
Sec. 4.015 Municipal Court.
1. There is a Municipal Court of the City which consists of at least one department. Each department must be presided over by a Municipal Judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this Charter, governed by, the provisions of chapters 5 and 266 of NRS which relate to municipal courts.
κ2011 Statutes of Nevada, Page 956 (CHAPTER 218, AB 132)κ
in, and is, in all respects which are not inconsistent with this Charter, governed by, the provisions of chapters 5 and 266 of NRS which relate to municipal courts.
2. The City Council may from time to time establish additional departments of the Municipal Court and shall appoint an additional Municipal Judge for each.
3. At the first [municipal] primary or general municipal election which follows the appointment of an additional Municipal Judge to a newly created department of the Municipal Court, the successor to that Municipal Judge must be elected for a term of not more than 5 years, as determined by the City Council, in order that, as nearly as practicable, one-third of the number of Municipal Judges be elected every 2 years.
4. [Each] Except as otherwise provided in subsection 3, each Municipal Judge must be voted upon by the registered voters of the City at large [.] and, except as otherwise provided in section 5.020, shall serve for a term of 6 years.
5. The respective departments of the Municipal Court must be numbered 1 through the appropriate Arabic number, as additional departments are approved by the City Council. A Municipal Judge must be elected for each department by number.
6. The Senior Municipal Judge is selected by a majority of the sitting judges for a term of 2 years. If no Municipal Judge receives a majority of the votes, the Senior Municipal Judge is the Municipal Judge who has continuously served as a Municipal Judge for the longest period.
Sec. 32. Section 5.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 637, Statutes of Nevada 1999, at page 3565, is hereby amended to read as follows:
Sec. 5.010 Primary municipal election.
1. [A] Except as otherwise provided in section 5.020, a primary municipal election must be held on the Tuesday after the first Monday in April of each odd-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general municipal election.
2. A candidate for any office to be voted for at any primary municipal election must file a declaration of candidacy as provided by the election laws of this State.
3. All candidates for elective office must be voted upon by the registered voters of the City at large.
4. If in the primary municipal election no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general municipal election. If in the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, he or she must be declared elected and no general municipal election need be held for that office.
κ2011 Statutes of Nevada, Page 957 (CHAPTER 218, AB 132)κ
Sec. 33. Section 5.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 209, Statutes of Nevada 2001, at page 971, is hereby amended to read as follows:
Sec. 5.020 General municipal election.
1. Except as otherwise provided in subsection 2:
(a) A general municipal election must be held in the City on the first Tuesday after the first Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time the registered voters of the City shall elect city officers to fill the available elective positions.
[2.] (b) All candidates for the office of Mayor, Council Member and Municipal Judge must be voted upon by the registered voters of the City at large. The term of office for members of the City Council and the Mayor is 4 years. Except as otherwise provided in subsection 3 of section 4.015 , [of this Charter,] the term of office for a Municipal Judge is 6 years.
[3.] (c) On the Tuesday after the first Monday in June 2001 , and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 1 who will hold office until his or her successor has been elected and qualified.
[4.] (d) On the Tuesday after the first Monday in June 2003 and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 2 who will hold office until his or her successor has been elected and qualified.
[5.] (e) On the Tuesday after the first Monday in June 2005 , and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who will hold office until his or her successor has been elected and qualified.
2. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
3. If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
4. If the City Council adopts an ordinance pursuant to subsection 2, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.
Sec. 34. (Deleted by amendment.)
κ2011 Statutes of Nevada, Page 958 (CHAPTER 218, AB 132)κ
Sec. 35. Section 1.140 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 6, Statutes of Nevada 2001, at page 10, is hereby amended to read as follows:
Sec. 1.140 Elective offices.
1. The elective officers of the City consist of:
(a) A Mayor.
(b) One Council Member from each ward.
(c) Municipal Judges.
2. [The] Except as otherwise provided in section 5.020, the terms of office of the Mayor and Council Members are 4 years.
3. Except as otherwise provided in subsection 3 of section 4.010 [of this Charter,] and section 5.020, the term of office of a Municipal Judge is 6 years.
Sec. 36. Section 1.160 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 338, Statutes of Nevada 2007, at page 1533, is hereby amended to read as follows:
Sec. 1.160 Elective offices: Vacancies. Except as otherwise provided in NRS 268.325:
1. A vacancy in the office of Mayor, Council Member or Municipal Judge must be filled by the majority vote of the entire City Council within 30 days after the occurrence of that vacancy. A person may be selected to fill a prospective vacancy before the vacancy occurs. In such a case, each member of the Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section. The appointee must have the same qualifications as are required of the elective official, including, without limitation, any applicable residency requirement.
2. [No] Except as otherwise provided in section 5.010, no appointment extends beyond the first regular meeting of the City Council that follows the next general municipal election, at that election the office must be filled for the remainder of the unexpired term, or beyond the first regular meeting of the City Council after the Tuesday after the first Monday in the next succeeding June in an odd-numbered year, if no general municipal election is held in that year.
Sec. 37. Section 4.020 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 338, Statutes of Nevada 2007, at page 1536, is hereby amended to read as follows:
Sec. 4.020 Municipal Court: Qualifications of Municipal Judges; salary; Master Judge; departments; Alternate Judges.
1. Each Municipal Judge shall devote his or her full time to the duties of his or her office and must be:
(a) A duly licensed member, in good standing, of the State Bar of Nevada, but this qualification does not apply to any Municipal Judge who is an incumbent when this Charter becomes effective as long as he or she continues to serve as such in uninterrupted terms.
(b) A qualified elector who has resided within the territory which is established by the boundaries of the City for a period of not less than 30 days immediately before the last day for filing a declaration of candidacy for the department for which he or she is a candidate.
κ2011 Statutes of Nevada, Page 959 (CHAPTER 218, AB 132)κ
than 30 days immediately before the last day for filing a declaration of candidacy for the department for which he or she is a candidate.
(c) Voted upon by the registered voters of the City at large.
2. The salary of the Municipal Judges must be fixed by ordinance and be uniform for all departments of the Municipal Court. The salary may be increased during the terms for which the Judges are elected or appointed.
3. The Municipal Judges of the six departments shall elect a Master Judge from among their number. The Master Judge shall hold office for a term of 2 years commencing on July 1 of each [odd-numbered year.] year of a general municipal election. If a vacancy occurs in the position of Master Judge, the Municipal Judges shall elect a replacement for the remainder of the unexpired term. If two or more Municipal Judges receive an equal number of votes for the position of Master Judge, the candidates who have received the tie votes shall resolve the tie vote by the drawing of lots. The Master Judge:
(a) Shall establish and enforce administrative regulations for governing the affairs of the Municipal Court.
(b) Is responsible for setting trial dates and other matters which pertain to the Court calendar.
(c) Shall perform such other Court administrative duties as may be required by the City Council.
4. Alternate Judges in sufficient numbers may be appointed annually by the Mayor, each of whom:
(a) Must be a duly licensed member, in good standing, of the State Bar of Nevada and have such other qualifications as are prescribed by ordinance.
(b) Has all of the powers and jurisdiction of a Municipal Judge while acting as such.
(c) Is entitled to such compensation as may be fixed by the City Council.
5. Any Municipal Judge, other than an Alternate Judge, automatically forfeits his or her office if he or she ceases to be a resident of the City.
Sec. 38. Section 5.010 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 637, Statutes of Nevada 1999, at page 3565, is hereby amended to read as follows:
Sec. 5.010 Primary municipal elections. Except as otherwise provided in section 5.020:
1. On the Tuesday after the first Monday in April 2001, and at each successive interval of 4 years, a primary municipal election must be held in the City at which time candidates for half of the offices of Council Member and for Municipal Judge, Department 2, must be nominated.
2. On the Tuesday after the first Monday in April 2003, and at each successive interval of 4 years, a primary municipal election must be held in the City at which time candidates for Mayor, for the other half of the offices of Council Member and for Municipal Judge, Department 1, must be nominated.
κ2011 Statutes of Nevada, Page 960 (CHAPTER 218, AB 132)κ
3. The candidates for Council Members who are to be nominated as provided in subsections 1 and 2 must be nominated and voted for separately according to the respective wards. The candidates from each even-numbered ward must be nominated as provided in subsection 1, and the candidates from each odd-numbered ward must be nominated as provided in subsection 2.
4. If the City Council has established an additional department or departments of the Municipal Court pursuant to section 4.010 [of this Charter,] and, as a result, more than one office of Municipal Judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.
5. Each candidate for the municipal offices which are provided for in subsections 1, 2 and 4 must file a declaration of candidacy with the City Clerk. All filing fees collected by the City Clerk must be paid into the City Treasury.
6. If, in the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of votes which are cast in that election for the office for which he or she is a candidate, he or she must be declared elected for the term which commences on the day of the first regular meeting of the City Council next succeeding the meeting at which the canvass of the returns is made, and no general municipal election need be held for that office. If, in the primary municipal election, no candidate receives a majority of votes which are cast in that election for the office for which he or she is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general municipal election.
Sec. 39. Section 5.020 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1415, is hereby amended to read as follows:
Sec. 5.020 General municipal election.
1. [A] Except as otherwise provided in subsection 2, a general municipal election must be held in the City on the Tuesday after the 1st Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time there must be elected those officers whose offices are required to be filled by election in that year.
2. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
3. If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
4. If the City Council adopts an ordinance pursuant to subsection 2, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.
κ2011 Statutes of Nevada, Page 961 (CHAPTER 218, AB 132)κ
5. All candidates for elective office, except the office of Council Member, must be voted upon by the registered voters of the City at large.
Sec. 40. (Deleted by amendment.)
Sec. 40.5. The Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1210, is hereby amended by adding thereto a new section to be designated as section 5.025, immediately following section 5.020, to read as follows:
Sec. 5.025 City Council authorized to provide for primary and general municipal elections in even-numbered years.
1. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
2. If the City Council adopts an ordinance pursuant to subsection 1, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
3. If the City Council adopts an ordinance pursuant to subsection 1, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.
Sec. 41. Section 2.010 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 499, Statutes of Nevada 2005, at page 2691, is hereby amended to read as follows:
Sec. 2.010 City Council: Qualifications; election; term of office; salary.
1. The legislative power of the City is vested in a City Council consisting of four Council Members and a Mayor.
2. The Mayor must be:
(a) A bona fide resident of the City for at least 6 months immediately preceding his or her election.
(b) A qualified elector within the City.
3. Each Council Member:
(a) Must be a qualified elector who has resided in the ward which he or she represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for his or her office.
(b) Must continue to live in the ward he or she represents, except that changes in ward boundaries made pursuant to section 1.045 [of this Charter] will not affect the right of any elected Council Member to continue in office for the term for which he or she was elected.
4. At the time of filing, if so required by an ordinance duly enacted, candidates for the office of Mayor and Council Member shall produce evidence in satisfaction of any or all of the qualifications provided in subsection 2 or 3, whichever is applicable.
5. Each Council Member must be voted upon only by the registered voters of the ward that he or she seeks to represent, and except as otherwise provided in sections 5.010 and 5.025, his or her term of office is 4 years.
κ2011 Statutes of Nevada, Page 962 (CHAPTER 218, AB 132)κ
6. The Mayor must be voted upon by the registered voters of the City at large, and except as otherwise provided in sections 5.010 and 5.025, his or her term of office is 4 years.
7. The Mayor and Council Members are entitled to receive a salary in an amount fixed by the City Council.
Sec. 42. Section 4.005 of the Charter of the City of North Las Vegas, being chapter 215, Statutes of Nevada 1997, as amended by chapter 73, Statutes of Nevada 2003, at page 484, is hereby amended to read as follows:
Sec. 4.005 Municipal Court.
1. There is a Municipal Court of the City which consists of at least one department. Each department must be presided over by a Municipal Judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this Charter, governed by the provisions of chapters 5 and 266 of NRS which relate to municipal courts.
2. The City Council may, from time to time, by ordinance, establish additional departments of the Municipal Court and shall appoint an additional Municipal Judge for each additional department.
3. At the first [municipal] primary or [municipal] general municipal election that follows the appointment of an additional Municipal Judge to a newly created department of the Municipal Court, the successor to that Municipal Judge must be elected for an initial term of not more than 6 years, as determined by the City Council, in order that, as nearly as practicable, one-third of the number of Municipal Judges be elected every 2 years.
4. Except as otherwise provided by the ordinance establishing an additional department, each Municipal Judge must be voted upon by the registered voters of the City at large and , except as otherwise provided in sections 5.010 and 5.025, holds office for a period of 6 years and until his or her successor has been elected and qualified.
5. The respective departments of the Municipal Court must be numbered 1 through the appropriate Arabic numeral, as additional departments are approved by the City Council. A Municipal Judge must be elected for each department by number.
Sec. 43. Section 5.010 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 499, Statutes of Nevada 2005, at page 2691, is hereby amended to read as follows:
Sec. 5.010 General municipal elections.
1. Except as otherwise provided in section 5.025:
(a) On the Tuesday after the first Monday in June 1977, and at each successive interval of 4 years thereafter, there must be elected, at a general municipal election to be held for that purpose, a Mayor and two Council Members who shall hold office for a period of 4 years and until their successors have been elected and qualified.
[2.] (b) On the Tuesday after the first Monday in June 1975, and at each successive interval of 4 years thereafter, there must be elected, at a general municipal election to be held for that purpose, two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
[3.] 2. In [such] a general municipal election:
κ2011 Statutes of Nevada, Page 963 (CHAPTER 218, AB 132)κ
(a) A candidate for the office of City Council Member must be elected only by the registered voters of the ward that he or she seeks to represent.
(b) Candidates for all other elective offices must be elected by the registered voters of the City at large.
Sec. 44. Section 5.020 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 9, Statutes of Nevada 2009, at page 17, is hereby amended to read as follows:
Sec. 5.020 Primary municipal elections; declaration of candidacy.
1. The City Council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents. The seats for City Council Members must be designated by the numbers one through four, which numbers must correspond with the wards the candidates for City Council Members will seek to represent. A candidate for the office of City Council Member shall include in his or her declaration of candidacy the number of the ward which he or she seeks to represent. Each candidate for City Council must be designated as a candidate for the City Council seat that corresponds with the ward that he or she seeks to represent.
2. [A] Except as otherwise provided in section 5.025, a primary municipal election must be held on the Tuesday following the first Monday in April preceding the general municipal election, at which time there must be nominated candidates for offices to be voted for at the next general municipal election. In the primary municipal election:
(a) A candidate for the office of City Council Member must be voted upon only by the registered voters of the ward that he or she seeks to represent.
(b) Candidates for all other elective offices must be voted upon by the registered voters of the City at large.
3. Except as otherwise provided in subsection 4, after the primary municipal election, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general municipal election.
4. If, regardless of the number of candidates for an office, one candidate receives a majority of the total votes cast for that office in the primary municipal election, he or she must be declared elected to that office and no general municipal election need be held for that office.
Sec. 45. (Deleted by amendment.)
Sec. 46. Section 2.010 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as last amended by chapter 98, Statutes of Nevada 1977, at page 213, is hereby amended to read as follows:
Sec. 2.010 City Council: Qualifications; election; term of office; salary.
1. The legislative power of the City is vested in a City Council consisting of four Council Members.
2. The Council Members [shall] must be:
κ2011 Statutes of Nevada, Page 964 (CHAPTER 218, AB 132)κ
(a) Bona fide residents of the City for at least 6 months immediately preceding their election.
(b) Qualified electors in the City.
3. All Council Members [shall] must be voted upon by the registered voters of the City at large and , except as otherwise provided in section 5.010, shall serve for terms of 4 years.
4. The Council Members shall receive a salary in an amount fixed by the City Council.
Sec. 47. Section 5.010 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 912, is hereby amended to read as follows:
Sec. 5.010 Municipal elections.
1. Except as otherwise provided in subsection 2:
(a) On the [1st] first Tuesday after the [1st] first Monday in June 1975, and at each successive interval of 4 years, there [shall] must be elected by the qualified voters of the City , at a general municipal election to be held for that purpose , a Mayor and two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
[2.] (b) On the [1st] first Tuesday after the [1st] first Monday in June 1977, and at each successive interval of 4 years thereafter, there [shall] must be elected by the qualified voters of the City , at a general municipal election to be held for that purpose , two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
2. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
3. If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
4. If the City Council adopts an ordinance pursuant to subsection 2, the term of office of any elected official may be shortened but may not be lengthened as a result of the ordinance.
Secs. 48 and 49. (Deleted by amendment.)
Sec. 50. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 965κ
Assembly Bill No. 160Assemblymen Segerblom; Aizley, Benitez-Thompson, Flores, Frierson, Hogan, Neal and Pierce
Joint Sponsors: Senators Kihuen and Leslie
CHAPTER 219
[Approved: June 2, 2011]
AN ACT relating to medical facilities; revising provisions governing the form and publication of financial reports of certain medical facilities; requiring hospitals to include certain information in the financial reports submitted by the hospitals; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires certain medical facilities to file financial information with the Department of Health and Human Services. (NRS 449.490) Section 2 of this bill requires that financial statements filed by certain hospitals include additional financial information about the hospitals. Section 2 further requires these reports and other related reports from medical institutions to be in a form which is readily understandable by members of the general public and included on an Internet website maintained by the Nevada Department of Health and Human Services. In addition, section 1 of this bill specifies additional information that must be included on the Internet website. Under existing law, the Director of the Department is authorized to impose an administrative penalty of not more than $500 per day for a violation of these reporting requirements. (NRS 449.530)
Existing law requires the Director of the Department to submit a report to the Legislative Committee on Health Care and the Interim Finance Committee of the Departments operations and activities for the preceding fiscal year. (NRS 449.520) Section 3 of this bill requires that the report include an analysis of the methodologies used to determine the corporate home office allocation of hospitals in this State.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439A.270 is hereby amended to read as follows:
439A.270 1. The Department shall establish and maintain an Internet website that includes the information concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State as required by the programs established pursuant to NRS 439A.220 and 439A.240. The information must:
(a) Include, for each hospital in this State, the total number of patients discharged, the average length of stay and the average billed charges, reported for the 50 most frequent diagnosis-related groups for inpatients and 50 medical treatments for outpatients that the Department determines are most useful for consumers;
(b) Include, for each surgical center for ambulatory patients in this State, the total number of patients discharged and the average billed charges, reported for 50 medical treatments for outpatients that the Department determines are most useful for consumers;
κ2011 Statutes of Nevada, Page 966 (CHAPTER 219, AB 160)κ
(c) Be presented in a manner that allows a person to view and compare the information for the hospitals by:
(1) Geographic location of each hospital;
(2) Type of medical diagnosis; and
(3) Type of medical treatment;
(d) Be presented in a manner that allows a person to view and compare the information for the surgical centers for ambulatory patients by:
(1) Geographic location of each surgical center for ambulatory patients;
(2) Type of medical diagnosis; and
(3) Type of medical treatment;
(e) Be presented in a manner that allows a person to view and compare the information separately for:
(1) The inpatients and outpatients of each hospital; and
(2) The outpatients of each surgical center for ambulatory patients;
(f) Be readily accessible and understandable by a member of the general public;
(g) Include the annual summary of reports of sentinel events prepared pursuant to paragraph (d) of subsection 1 of NRS 439.840; [and]
(h) Include a link to electronic copies of all reports, summaries, compilations and supplementary reports required by NRS 449.450 to 449.530, inclusive;
(i) Include, for each hospital with 100 or more beds, a summary of financial information which is readily understandable by a member of the general public and which includes, without limitation, a summary of:
(1) The expenses of the hospital which are attributable to providing community benefits and in-kind services as reported pursuant to NRS 449.490;
(2) The capital improvement report submitted to the Department pursuant to NRS 449.490;
(3) The net income of the hospital;
(4) The net income of the consolidated corporation, if the hospital is owned by such a corporation and if that information is publicly available;
(5) The operating margin of the hospital;
(6) The ratio of the cost of providing care to patients covered by Medicare to the charges for such care;
(7) The ratio of the total costs to charges of the hospital; and
(8) The average daily occupancy of the hospital; and
(j) Provide any other information relating to the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State which the Department determines is:
(1) Useful to consumers;
(2) Nationally recognized; and
(3) Reported in a standard and reliable manner.
2. The Department shall:
(a) Publicize the availability of the Internet website;
(b) Update the information contained on the Internet website at least quarterly;
(c) Ensure that the information contained on the Internet website is accurate and reliable;
κ2011 Statutes of Nevada, Page 967 (CHAPTER 219, AB 160)κ
(d) Ensure that the information contained on the Internet website is aggregated so as not to reveal the identity of a specific inpatient or outpatient of a hospital;
(e) Post a disclaimer on the Internet website indicating that the information contained on the website is provided to assist with the comparison of hospitals and is not a guarantee by the Department or its employees as to the charges imposed by the hospitals in this State or the quality of the services provided by the hospitals in this State, including, without limitation, an explanation that the actual amount charged to a person by a particular hospital may not be the same charge as posted on the website for that hospital;
(f) Provide on the Internet website established pursuant to this section a link to the Internet website of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; and
(g) Upon request, make the information that is contained on the Internet website available in printed form.
3. As used in this section, diagnosis-related group means groupings of medical diagnostic categories used as a basis for hospital payment schedules by Medicare and other third-party health care plans.
Sec. 2. NRS 449.490 is hereby amended to read as follows:
449.490 1. Every institution which is subject to the provisions of NRS 449.450 to 449.530, inclusive, shall file with the Department the following financial statements or reports in a form and at intervals specified by the Director but at least annually:
(a) A balance sheet detailing the assets, liabilities and net worth of the institution for its fiscal year; and
(b) A statement of income and expenses for the fiscal year.
2. Each hospital with 100 or more beds shall file with the Department, in a form and at intervals specified by the Director but at least annually, a capital improvement report which includes, without limitation, any major service line that the hospital has added or is in the process of adding since the previous report was filed, any major expansion of the existing facilities of the hospital that has been completed or is in the process of being completed since the previous report was filed, and any major piece of equipment that the hospital has acquired or is in the process of acquiring since the previous report was filed.
3. In addition to the information required to be filed pursuant to subsections 1 and 2, each hospital with 100 or more beds shall file with the Department, in a form and at intervals specified by the Director but at least annually:
(a) [The corporate home office allocation methodology of the hospital, if any.
(b)] The expenses that the hospital has incurred for providing community benefits and the in-kind services that the hospital has provided to the community in which it is located. These expenses must be reported as the total amount expended for community benefits and in-kind services and reported as a percentage of the total net revenues of the hospital. For the purposes of this paragraph, community benefits includes, without limitation, goods, services and resources provided by a hospital to a community to address the specific needs and concerns of that community, services provided by a hospital to the uninsured and underserved persons in that community, training programs for employees in a community and health care services provided in areas of a community that have a critical shortage of such services, for which the hospital does not receive full reimbursement.
κ2011 Statutes of Nevada, Page 968 (CHAPTER 219, AB 160)κ
care services provided in areas of a community that have a critical shortage of such services, for which the hospital does not receive full reimbursement.
[(c)] (b) A statement of its policies and procedures for providing discounted services to, or reducing charges for services provided to, persons without health insurance that are in addition to any reduction or discount required to be provided pursuant to NRS 439B.260.
[(d)] (c) A list of the services which the hospital purchased from its corporate home office;
(d) A report of the cost to the hospital of providing services to patients covered by Medicare;
(e) Financial information from the consolidated corporation, if the hospital is owned by such a corporation and if that information is publicly available, including, without limitation, the annual report of the consolidated corporation;
(f) A statement of its policies regarding patients account receivables, including, without limitation, the manner in which a hospital collects or makes payment arrangements for patients account receivables, the factors that initiate collections and the method by which unpaid account receivables are collected.
4. A complete current charge master must be available at each hospital during normal business hours for review by the Director, any payor that has a contract with the hospital to pay for services provided by the hospital, any payor that has received a bill from the hospital and any state agency that is authorized to review such information. The complete and current charge master must be made available to the Department, at the request of the Director, in an electronic format specified by the Department. The Department may use the electronic copy of the charge master to review and analyze the data contained in the charge master and, except as otherwise provided in NRS 439A.200 to 439A.290, inclusive, shall not release or publish the information contained in the charge master.
5. The Director shall require the certification of specified financial reports by an independent certified public accountant and may require attestations from responsible officers of the institution that the reports are, to the best of their knowledge and belief, accurate and complete to the extent that the certifications and attestations are not required by federal law.
6. The Director shall require [the] :
(a) The filing of all reports by specified dates, and may adopt regulations which assess penalties for failure to file as required [, but the Director shall not require the] ; and
(b) The submission of a final annual report [sooner] not later than 6 months after the close of the fiscal year,
Κ and may grant extensions to institutions which can show that the required information is not available on the required reporting date.
7. All reports, except privileged medical information, filed under any provisions of NRS 449.450 to 449.530, inclusive [, are] :
(a) Are open to public inspection [and must] ;
(b) Must be in a form which is readily understandable by a member of the general public;
κ2011 Statutes of Nevada, Page 969 (CHAPTER 219, AB 160)κ
(c) Must, as soon as practicable after those reports become available, be posted on the Internet website maintained pursuant to NRS 439A.270; and
(d) Must be available for examination at the office of the Department during regular business hours.
Sec. 3. NRS 449.520 is hereby amended to read as follows:
449.520 1. On or before October 1 of each year, the Director shall prepare and transmit to the Governor, the Legislative Committee on Health Care and the Interim Finance Committee a report of the Departments operations and activities for the preceding fiscal year.
2. The report prepared pursuant to subsection 1 must include:
(a) Copies of all reports, summaries, compilations and supplementary reports required by NRS 449.450 to 449.530, inclusive, together with such facts, suggestions and policy recommendations as the Director deems necessary;
(b) A summary of the trends of the audits of hospitals in this State that the Department required or performed during the previous year;
(c) An analysis of the trends in the costs, expenses and profits of hospitals in this State;
(d) An analysis of the methodologies used to determine the corporate home office allocation [methodologies] of hospitals in this State;
(e) An examination and analysis of the manner in which hospitals are reporting the information that is required to be filed pursuant to NRS 449.490, including, without limitation, an examination and analysis of whether that information is being reported in a standard and consistent manner, which fairly reflect the operations of each hospital;
(f) A review and comparison of the policies and procedures used by hospitals in this State to provide discounted services to, and to reduce charges for services provided to, persons without health insurance;
(g) A review and comparison of the policies and procedures used by hospitals in this State to collect unpaid charges for services provided by the hospitals; and
(h) A summary of the status of the programs established pursuant to NRS 439A.220 and 439A.240 to increase public awareness of health care information concerning the hospitals and surgical centers for ambulatory patients in this State, including, without limitation, the information that was posted in the preceding fiscal year on the Internet website maintained for those programs pursuant to NRS 439A.270.
3. The Legislative Committee on Health Care shall develop a comprehensive plan concerning the provision of health care in this State which includes, without limitation:
(a) A review of the health care needs in this State as identified by state agencies, local governments, providers of health care and the general public; and
(b) A review of the capital improvement reports submitted by hospitals pursuant to subsection 2 of NRS 449.490.
Sec. 4. (Deleted by amendment.)
________
κ2011 Statutes of Nevada, Page 970κ
Assembly Bill No. 500Committee on Ways and Means
CHAPTER 220
[Approved: June 2, 2011]
AN ACT relating to state financial administration; temporarily revising the distribution of revenue from certain licensing fees for slot machines to the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, licensing fees must be paid quarterly by state gaming licensees based upon the number of slot machines they have. (NRS 463.373, 463.375) Existing law requires the deposit of a portion of the revenue from those licensing fees, in an amount equal to $2 per slot machine, into the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling. (NRS 463.320) This bill reduces the amount of that deposit for the next 2 fiscal years to $1 per slot machine, resulting in the deposit for that period of the other dollar per slot machine into the State General Fund.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370, 463.373 to 463.383, inclusive, and 463.3855 must be collected and disposed of as provided in this section.
2. All state gaming license fees and penalties must be collected by the Commission and paid over immediately to the State Treasurer to be disposed of as follows:
(a) Except as otherwise provided in paragraphs (c), (d) and (e), all state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 must be deposited for credit to the State General Fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 must, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided in this section, must be deposited by the county treasurer in the county general fund and be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more cities or towns within the county, the board of county commissioners shall, annually, before the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1.
κ2011 Statutes of Nevada, Page 971 (CHAPTER 220, AB 500)κ
year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution, the percentage so apportioned and allocated must be converted to a dollar figure and included in the city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly, upon receipt of the money from the State, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining must be deposited in the county general fund and must be expended for county purposes.
(c) One twenty-fifth of the license fee imposed by the provisions of NRS 463.370 on gross revenue which exceeds $134,000 per calendar month that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this State whose population is less than 100,000 in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and transmitted to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.
(d) Ten percent of the amount of the license fee imposed by the provisions of NRS 463.370 that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering which exceeds $5,036,938 per calendar year must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this State whose population is less than 100,000 in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and must be transmitted to the respective county treasurers as provided in this paragraph. On March 1 of each year, the Board shall calculate the amount of money to be allocated to the respective county treasurers and notify the State Treasurer of the appropriate amount of each allocation. The State Treasurer shall transfer the money to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.
(e) The Commission shall deposit quarterly in the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling created by NRS 458A.090 an amount equal to [$2] $1 for each slot machine that is subject to the license fee imposed pursuant to NRS 463.373 and 463.375 and collected by the Commission.
Sec. 2. This act becomes effective on July 1, 2011, and expires by limitation on June 30, 2013.
________
κ2011 Statutes of Nevada, Page 972κ
Assembly Bill No. 519Committee on Ways and Means
CHAPTER 221
[Approved: June 2, 2011]
AN ACT relating to health; transferring the Office for Consumer Health Assistance from the Office of the Governor to the Department of Health and Human Services; requiring the Director of the Department to appoint the Governors Consumer Health Advocate to head the Office; including the Office of Minority Health within the Office for Consumer Health Assistance; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes an Office for Consumer Health Assistance within the Office of the Governor and provides for the appointment of a Director of the Office by the Governor. (NRS 223.500-223.580) Sections 1-8 of this bill transfer the Office for Consumer Health Assistance into the Department of Health and Human Services. Section 4 of this bill requires the Director of the Department to appoint the Governors Consumer Health Advocate to head the Office.
Existing law establishes an Office of Minority Health in the Department of Health and Human Services. (NRS 232.467-232.484) Sections 9-16 of this bill transfer the Office of Minority Health into the Office for Consumer Health Assistance, under the direction of the Governors Consumer Health Advocate.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section to read as follows:
Advocate means the Governors Consumer Health Advocate appointed pursuant to NRS 223.550.
Sec. 2. NRS 223.500 is hereby amended to read as follows:
223.500 As used in NRS 223.500 to 223.580, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 223.510 to 223.535, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 223.520 is hereby amended to read as follows:
223.520 Director means the Director of the [Office for Consumer Health Assistance appointed pursuant to NRS 223.550.] Department of Health and Human Services.
Sec. 4. NRS 223.550 is hereby amended to read as follows:
223.550 1. The Office for Consumer Health Assistance is hereby established in the [Office of the Governor.] Department of Health and Human Services. The [Governor] Director shall appoint the [Director.] Governors Consumer Health Advocate to head the Office. The [Director] Advocate must:
(a) Be [:
(1) A physician, as that term is defined in NRS 0.040;
(2) A registered nurse, as that term is defined in NRS 632.019;
κ2011 Statutes of Nevada, Page 973 (CHAPTER 221, AB 519)κ
(3) An advanced practitioner of nursing, as that term is defined in NRS 453.023; or
(4) A physician assistant, as that term is defined in NRS 630.015; and] selected on the basis of his or her training, experience, capacity and interest in health-related services.
(b) Be a graduate of an accredited college or university. The Director shall, to the extent practicable, give preference to a person who has a degree in the field of health, social science, public administration or business administration or a related field.
(c) Have not less than 3 years of experience in the administration of health care or insurance programs.
(d) Have expertise and experience in the field of advocacy.
2. The cost of carrying out the provisions of NRS 223.500 to 223.580, inclusive, must be paid as follows:
(a) That portion of the cost related to providing assistance to consumers and injured employees concerning workers compensation must be paid from the assessments levied pursuant to NRS 232.680.
(b) That portion of the cost related to the operation of the Bureau for Hospital Patients created pursuant to NRS 223.575 must be paid from the assessments levied pursuant to that section.
(c) That portion of the cost related to providing assistance to consumers in need of information or other facilitation regarding a prescription drug program may, to the extent money is available from this source, be paid from the proceeds of any gifts, grants or donations that are received by the [Director] Advocate for this purpose.
(d) That portion of the cost related to providing assistance to consumers in need of information concerning purchasing prescription drugs from Canadian pharmacies may, to the extent money is available from this source, be paid from the proceeds of any gifts, grants or donations that are received by the [Director] Advocate for this purpose.
(e) The remaining cost must be provided by direct legislative appropriation from the State General Fund and be paid out on claims as other claims against the State are paid.
Sec. 5. NRS 223.560 is hereby amended to read as follows:
223.560 The [Director] Advocate shall:
1. Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers compensation;
2. Assist consumers and injured employees in understanding their rights and responsibilities under health care plans, including, without limitation, the Public Employees Benefits Program, and policies of industrial insurance;
3. Identify and investigate complaints of consumers and injured employees regarding their health care plans, including, without limitation, the Public Employees Benefits Program, and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:
(a) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and
(b) Providing counseling and assistance to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees Benefits Program, and policies of industrial insurance;
κ2011 Statutes of Nevada, Page 974 (CHAPTER 221, AB 519)κ
4. Provide information to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees Benefits Program, and policies of industrial insurance in this State;
5. Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office for Consumer Health Assistance;
6. Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the [Director] Advocate pursuant to this section;
7. In appropriate cases and pursuant to the direction of the [Governor,] Advocate, refer a complaint or the results of an investigation to the Attorney General for further action;
8. Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services;
9. Establish and maintain an Internet website which includes:
(a) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328;
(b) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and
(c) A link to the website established and maintained pursuant to NRS 439A.270 which provides information to the general public concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State; and
10. Assist consumers with filing complaints against health care facilities and health care professionals. As used in this subsection, health care facility has the meaning ascribed to it in NRS 162A.740.
Sec. 6. NRS 223.570 is hereby amended to read as follows:
223.570 1. The [Director,] Advocate, within the limits of available money:
(a) Shall, to carry out the provisions of this section and NRS 223.560 and 223.580, employ at least two persons who have experience in the field of workers compensation, including, without limitation, persons who have experience in administering claims or programs related to policies of industrial insurance, representing employees in contested claims relating to policies of industrial insurance or advocating for the rights of injured employees; and
(b) May, in addition to the persons required to be employed pursuant to paragraph (a), employ:
(1) Such persons in the unclassified service of the State as the [Director] Advocate determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580, including, without limitation, a provider of health care, as that term is defined in NRS 449.581.
(2) Such additional personnel as may be required to carry out the provisions of this section and NRS 223.560 and 223.580, who must be in the classified service of the State.
Κ A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the [Director] Advocate employs that person.
2. The [Director] Advocate may:
κ2011 Statutes of Nevada, Page 975 (CHAPTER 221, AB 519)κ
(a) To the extent not otherwise prohibited by law, obtain such information from consumers, injured employees, health care plans, prescription drug programs and policies of industrial insurance as the [Director] Advocate determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580.
(b) Adopt such regulations as the [Director] Advocate determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580.
(c) Apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Office for Consumer Health Assistance in carrying out its duties pursuant to subsections 8 and 9 of NRS 223.560.
3. The [Director] Advocate and the [Directors] Advocates employees shall not have any conflict of interest relating to the performance of their duties pursuant to this section and NRS 223.560 and 223.580. For the purposes of this subsection, a conflict of interest shall be deemed to exist if the [Director] Advocate or employee, or any person affiliated with the [Director] Advocate or employee:
(a) Has direct involvement in the licensing, certification or accreditation of a health care facility, insurer or provider of health care;
(b) Has a direct ownership interest or investment interest in a health care facility, insurer or provider of health care;
(c) Is employed by, or participating in, the management of a health care facility, insurer or provider of health care; or
(d) Receives or has the right to receive, directly or indirectly, remuneration pursuant to any arrangement for compensation with a health care facility, insurer or provider of health care.
Sec. 7. NRS 223.575 is hereby amended to read as follows:
223.575 1. The Bureau for Hospital Patients is hereby created within the Office for Consumer Health Assistance . [in the Office of the Governor.]
2. The [Director:] Advocate:
(a) Is responsible for the operation of the Bureau, which must be easily accessible to the clientele of the Bureau.
(b) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the Bureau. The employees of the Bureau are in the unclassified service of the State.
(c) On or before February 1 of each year, shall submit a written report to the Governor, and to the Director of the Legislative Counsel Bureau concerning the activities of the Bureau for Hospital Patients for transmittal to the appropriate committee or committees of the Legislature. The report must include, without limitation, the number of complaints received by the Bureau, the number and type of disputes heard, mediated, arbitrated or resolved through alternative means of dispute resolution by the [Director] Advocate and the outcome of the mediation, arbitration or alternative means of dispute resolution.
3. The [Director] Advocate may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The [Director] Advocate may decline to hear a case that in the [Directors] Advocates opinion is trivial, without merit or beyond the scope of his or her jurisdiction. The [Director] Advocate may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:
κ2011 Statutes of Nevada, Page 976 (CHAPTER 221, AB 519)κ
(a) The accuracy or amount of charges billed to a patient;
(b) The reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and
(c) Such other matters related to the charges for care provided to a patient as the [Director] Advocate determines appropriate for arbitration, mediation or other alternative means of dispute resolution.
4. The decision of the [Director] Advocate is a final decision for the purpose of judicial review.
5. Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the Bureau. On or before July 15 of each year, the [Director] Advocate shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.
6. The total amount assessed pursuant to subsection 5 for a fiscal year must not be more than $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.
7. The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.
Sec. 8. NRS 223.580 is hereby amended to read as follows:
223.580 On or before February 1 of each year, the [Director] Advocate shall submit a written report to the Governor, and to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committee or committees of the Legislature. The report must include, without limitation:
1. A statement setting forth the number and geographic origin of the written and telephonic inquiries received by the Office for Consumer Health Assistance and the issues to which those inquiries were related;
2. A statement setting forth the type of assistance provided to each consumer and injured employee who sought assistance from the [Director,] Advocate, including, without limitation, the number of referrals made to the Attorney General pursuant to subsection 7 of NRS 223.560;
3. A statement setting forth the disposition of each inquiry and complaint received by the [Director;] Advocate; and
4. A statement setting forth the number of external reviews conducted by external review organizations pursuant to NRS 695G.241 to 695G.310, inclusive, and the disposition of each of those reviews as reported pursuant to NRS 695G.310.
Sec. 9. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
Advocate means the Governors Consumer Health Advocate appointed pursuant to NRS 223.550.
Sec. 10. NRS 232.467 is hereby amended to read as follows:
232.467 As used in NRS 232.467 to 232.484, inclusive, and section 9 of this act, unless the context otherwise requires, the words and terms defined in NRS 232.468 to 232.473, inclusive, and section 9 of this act have the meanings ascribed to them in those sections.
κ2011 Statutes of Nevada, Page 977 (CHAPTER 221, AB 519)κ
Sec. 11. NRS 232.473 is hereby amended to read as follows:
232.473 Office means the Office of Minority Health of the Office for Consumer Health Assistance of the Department.
Sec. 12. NRS 232.474 is hereby amended to read as follows:
232.474 The Office of Minority Health is hereby created within the Office for Consumer Health Assistance of the Department. The purposes of the Office of Minority Health are to:
1. Improve the quality of health care services for members of minority groups;
2. Increase access to health care services for members of minority groups; and
3. Disseminate information to and educate the public on matters concerning health care issues of interest to members of minority groups.
Sec. 12.5. NRS 232.477 is hereby amended to read as follows:
232.477 The Director shall , to the extent that money is available for that purpose, appoint or designate a Manager of the Office. The Manager must be appointed on the basis of his or her education, training, experience, demonstrated abilities and interest in the provision of health care services to members of minority groups and in related programs.
Secs. 13-15. (Deleted by amendment.)
Sec. 16. NRS 232.483 is hereby amended to read as follows:
232.483 1. [Each] To the extent that money is available for that purpose, each member of the Advisory Committee who is not an officer or employee of the State of Nevada is entitled to receive a salary of not more than $80 per day, as fixed by the Manager in consultation with the Advisory Committee, for each day or portion of a day spent on the business of the Advisory Committee. Each member of the Advisory Committee who is an officer or employee of the State of Nevada serves without additional compensation. [Each] To the extent that money is available for that purpose, each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. A claim for a payment pursuant to this section must be made on a voucher approved by the Manager and paid as other claims against the State are paid.
2. Each member of the Advisory Committee who is an officer or employee of the State of Nevada or a local government must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or local governmental entity may not require an employee who is a member of the Advisory Committee to make up time or take annual vacation or compensatory time for the time that he or she is absent from work to carry out his or her duties as a member of the Advisory Committee.
Sec. 17. (Deleted by amendment.)
Sec. 18. NRS 439.930 is hereby amended to read as follows:
439.930 The Department shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 439.900 to 439.940, inclusive. Such regulations must provide for, without limitation:
κ2011 Statutes of Nevada, Page 978 (CHAPTER 221, AB 519)κ
1. Notice to consumers stating that:
(a) Although the Department will strive to ensure that consumers receive accurate information regarding pharmacies, including, without limitation, the prices charged by those pharmacies for the prescription drugs and generic equivalents that are on the list prepared pursuant to NRS 439.905, the Department is unable to guarantee the accuracy of such information;
(b) If a consumer follows an Internet link from the Internet website maintained by the Department to an Internet website maintained by a pharmacy, the Department is unable to guarantee the accuracy of any information made available on the Internet website maintained by the pharmacy; and
(c) The Department advises consumers to contact a pharmacy directly to verify the accuracy of any information regarding the pharmacy which is made available to consumers pursuant to NRS 439.900 to 439.940, inclusive;
2. Procedures adopted [cooperatively with the Office of the Governor] to direct consumers who have questions regarding the program described in NRS 439.900 to 439.940, inclusive, to contact the Office for Consumer Health Assistance [in the Office] of the [Governor;] Department;
3. Provisions in accordance with which the Department will allow an Internet link to the information provided by each pharmacy pursuant to NRS 439.910 and made available on the Departments Internet website to be placed on other Internet websites managed or maintained by other persons and entities, including, without limitation, Internet websites managed or maintained by:
(a) Other governmental entities, including, without limitation, the State Board of Pharmacy and the Office of the Governor; and
(b) Nonprofit organizations and advocacy groups;
4. Procedures pursuant to which consumers and pharmacies may report to the Department that information made available to consumers pursuant to NRS 439.900 to 439.940, inclusive, is inaccurate;
5. The form and manner in which pharmacies are to provide to the Department the information described in NRS 439.910; and
6. Standards and criteria pursuant to which the Department may remove from its Internet website information regarding a pharmacy or an Internet link to the Internet website maintained by a pharmacy, or both, if the Department determines that the pharmacy has:
(a) Ceased to be licensed and in good standing pursuant to chapter 639 of NRS; or
(b) Engaged in a pattern of providing to consumers information that is false or would be misleading to reasonably informed persons.
Sec. 19. (Deleted by amendment.)
Sec. 20. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 979κ
Assembly Bill No. 521Committee on Ways and Means
CHAPTER 222
[Approved: June 2, 2011]
AN ACT relating to insurance; consolidating certain funds and accounts of the Division of Insurance of the Department of Business and Industry into the Fund for Insurance Administration and Enforcement; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Division of Insurance of the Department of Business and Industry and the Commissioner of Insurance control various accounts and funds relating to the administration and enforcement of title 57 of NRS. (NRS 679B.300, 679B.305, 679B.700, 680B.070, 694C.460) Sections 1-5 and 7 of this bill make each of these existing accounts and funds an account within the Fund for Insurance Administration and Enforcement. Section 6 of this bill prohibits the money in each of these accounts from being used for any purpose other than that authorized by law.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 679B.300 is hereby amended to read as follows:
679B.300 1. The Insurance Examination [Fund] Account is hereby created as [a special revenue fund.] an account in the Fund for Insurance Administration and Enforcement created by NRS 680C.100. All money received by the Commissioner pursuant to NRS 679B.290 must be deposited in the State Treasury for credit to the [Fund.] Account.
2. Money for travel, per diem, compensation and other necessary and authorized expenses incurred by an examiner or other representative of the Division in the examination of any person required to pay, and making payment of, the expense of examination pursuant to NRS 679B.290 must be paid out of the Insurance Examination [Fund] Account as other claims against the State are paid.
3. Money in the Insurance Examination [Fund] Account may be expended for any other purpose authorized by the Legislature.
Sec. 2. NRS 679B.305 is hereby amended to read as follows:
679B.305 1. There is hereby created the Insurance Recovery Account in the [State General] Fund [.] for Insurance Administration and Enforcement created by NRS 680C.100. The Commissioner shall promptly deposit with the State Treasurer for credit to the Account all recovery fees received from licensees pursuant to the provisions of this title.
2. A balance of not more than $40,000 must be maintained in the Account to be used for satisfying claims against persons licensed pursuant to chapters 683A, 684A, 685A and 692A of NRS. Any balance over $40,000 in the Account at the end of any fiscal year must be set aside and used by the Commissioner for insurance education and research or for any other purpose authorized by the Legislature.
κ2011 Statutes of Nevada, Page 980 (CHAPTER 222, AB 521)κ
3. The Commissioner shall adopt reasonable regulations for the administration of the Account, including the manner, time, procedure and grounds for recovery against the Account.
4. The limit of liability of the insurance recovery account is $5,000 per fiscal year for any one licensee.
Sec. 3. NRS 679B.450 is hereby amended to read as follows:
679B.450 1. Insurers required to file reports pursuant to NRS 679B.430 shall pay to the Division a reasonable fee established by the Commissioner of not more than $500 to cover the costs to the Division of the administration and enforcement of NRS 679B.400 to 679B.460, inclusive, including any expenses incident or associated with the requirements of those sections.
2. The cost of furnishing a report, unless furnished to a Legislator, must be paid by the party requesting the report.
3. The Commissioner may establish a schedule of fees for the purposes of this section.
4. The Stabilization of Insurance Costs Account is hereby created as an account in the Fund for Insurance Administration and Enforcement created by NRS 680C.100. All money received by the Commissioner pursuant to this section must be deposited in the State Treasury for credit to the Account and used to pay the costs of administration and enforcement of NRS 679B.400 to 679B.460, inclusive.
Sec. 4. NRS 679B.700 is hereby amended to read as follows:
679B.700 1. The Special Investigative Account is hereby established in the [State General] Fund for Insurance Administration and Enforcement created by NRS 680C.100 for use by the Commissioner. The Commissioner shall deposit all money received pursuant to this section with the State Treasurer for credit to the Account. Money remaining in the Account at the end of a fiscal year does not lapse to the State General Fund and may be used by the Commissioner in any subsequent fiscal year for the purposes of this section.
2. The Commissioner shall:
(a) In cooperation with the Attorney General, biennially prepare and submit to the Governor, for inclusion in the executive budget, a proposed budget for the program established pursuant to NRS 679B.630; and
(b) Authorize expenditures from the Special Investigative Account to pay the expenses of the program established pursuant to NRS 679B.630 and of any unit established in the Office of the Attorney General that investigates and prosecutes insurance fraud.
3. The money authorized for expenditure pursuant to paragraph (b) of subsection 2 must be distributed in the following manner:
(a) Fifteen percent of the money authorized for expenditure must be paid to the Commissioner to oversee and enforce the program established pursuant to NRS 679B.630; and
(b) Eighty-five percent of the money authorized for expenditure must be paid to the Attorney General to pay the expenses of the unit established in the Office of the Attorney General that investigates and prosecutes insurance fraud.
4. Except as otherwise provided in subsections 5 and 6, costs of the program established pursuant to NRS 679B.630 must be paid by the insurers authorized to transact insurance in this State. The Commissioner shall annually determine the total cost of the program and divide that amount among the insurers pro rata based upon the total amount of premiums charged to the insureds in this State by the insurer.
κ2011 Statutes of Nevada, Page 981 (CHAPTER 222, AB 521)κ
among the insurers pro rata based upon the total amount of premiums charged to the insureds in this State by the insurer.
5. The annual amount so assessed on each reinsurer that has the authority to assume only reinsurance must not exceed $500. For all other insurers subject to the annual assessment, the annual amount so assessed to each insurer:
(a) Must not exceed $500, if the total amount of the premiums charged to insureds in this State by the insurer is less than $100,000;
(b) Must not exceed $750, if the total amount of the premiums charged to insureds in this State by the insurer is $100,000 or more, but less than $1,000,000;
(c) Must not exceed $1,000, if the total amount of the premiums charged to insureds in this State by the insurer is $1,000,000 or more, but less than $10,000,000;
(d) Must not exceed $1,500, if the total amount of the premiums charged to insureds in this State by the insurer is $10,000,000 or more, but less than $50,000,000; and
(e) Must not exceed $2,000, if the total amount of the premiums charged to insureds in this State by the insurer is $50,000,000 or more.
6. The provisions of this section do not apply to an insurer who provides only workers compensation insurance and pays the assessment provided in NRS 232.680.
7. The Commissioner shall adopt regulations to carry out the provisions of this section, including, without limitation, the calculation and collection of the assessment.
8. As used in this section, reinsurer has the meaning ascribed to it in NRS 681A.370.
Sec. 5. NRS 680B.070 is hereby amended to read as follows:
680B.070 1. Each authorized insurer, fraternal benefit society, health maintenance organization, organization for dental care, prepaid limited health service organization and motor club shall on or before March 1 of each year pay to the Commissioner a reasonable uniform amount, not to exceed $30, as the Commissioner requires, to cover the assessment levied upon this state in the same calendar year by the National Association of Insurance Commissioners to defray:
(a) The general expenses of the Association; and
(b) Reasonable and necessary travel and related expenses incurred by the Commissioner and members of his or her staff, without limitation as to number, in attending meetings of the Association and its committees, subcommittees, hearings and other official activities.
Κ The Commissioner shall give written notice of the required amount.
2. Expenses incurred for the purposes described in paragraphs (a) and (b) of subsection 1 must be paid in full and are not subject to the limitations expressed in NRS 281.160 or in the regulations of any state agency.
3. All money received by the Commissioner pursuant to subsection 1 must be deposited in the State Treasury for credit to the National Association [Account of the Division of Insurance,] of Insurance Commissioners Account, which is hereby created in the [State General] Fund [.] for Insurance Administration and Enforcement created by NRS 680C.100. Except as otherwise provided in subsection 2, all claims against the Account must be paid as other claims against the State are paid.
κ2011 Statutes of Nevada, Page 982 (CHAPTER 222, AB 521)κ
Sec. 6. NRS 680C.100 is hereby amended to read as follows:
680C.100 1. The Fund for Insurance Administration and Enforcement is hereby created in the State Treasury as an enterprise fund.
2. The Fund must be used solely for the administration and enforcement of the Code and other laws and regulations enforced by the Division.
3. The State Treasurer shall invest the money in the Fund in the same manner and in the same securities in which he or she is authorized to invest state general funds that are in his or her custody. Income realized from the investment of the assets of the Fund must be credited to the Fund.
4. The money in each account within the Fund may not be used for any purpose other than that provided by law for that account.
Sec. 7. NRS 694C.460 is hereby amended to read as follows:
694C.460 1. There is hereby created in the [State General] Fund for Insurance Administration and Enforcement created by NRS 680C.100 an Account for the Regulation and Supervision of Captive Insurers. Money in the Account must be used only to carry out the provisions of this chapter or for any other purpose authorized by the Legislature. Except as otherwise provided in NRS 680C.110 and 694C.450, all fees and assessments received by the Commissioner or Division pursuant to this chapter must be credited to the Account. Not more than 2 percent of the tax collected and deposited in the Account pursuant to NRS 694C.450, may, upon application by the Division or an agency for economic development to, and with the approval of, the Interim Finance Committee, be transferred to an agency for economic development to be used by that agency to promote the industry of captive insurance in this State.
2. Except as otherwise provided in this section, all payments from the Account for the maintenance of staff and associated expenses, including contractual services, as necessary, must be disbursed from the State Treasury only upon warrants issued by the State Controller, after receipt of proper documentation of the services rendered and expenses incurred.
3. At the end of each fiscal year, that portion of the balance in the Account which exceeds $500,000 must be transferred to the State General Fund.
4. The State Controller may anticipate receipts to the Account and issue warrants based thereon.
Sec. 8. When the next reprint of Nevada Revised Statutes is prepared by the Legislative Counsel, the Legislative Counsel shall revise any provision of any bill enacted during the 76th Session of the Nevada Legislature which creates a fund or account under the control of the Division of Insurance of the Department of Business and Industry or the Commissioner of Insurance to cause such a fund or account to be created as an account within the Fund for Insurance Administration and Enforcement created by NRS 680C.100.
Sec. 9. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 983κ
Senate Bill No. 37Senator Wiener
CHAPTER 223
[Approved: June 2, 2011]
AN ACT relating to health care; requiring a health care licensing board to refer certain complaints to another health care licensing board; requiring a health care licensing board to notify the appropriate health authority of certain public health emergencies or other health events; providing immunity from civil liability, under certain circumstances, to a health care licensing board or its agents or employees who make such referrals or provide such notifications; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Board of Homeopathic Medical Examiners to investigate any complaints made against any homeopathic physician, advanced practitioner of homeopathy, homeopathic assistant, any agent or employee thereof, or any facility where the primary practice is homeopathic medicine and to refer the complaint to another licensing board if the complaint concerns a practice which is within the jurisdiction of the other licensing board. (NRS 630A.155) Existing law does not impose the same requirement on other health care licensing boards. This bill: (1) requires each health care licensing board to refer to another health care licensing board any complaint that concerns a matter within the jurisdiction of the other health care licensing board; (2) requires each health care licensing board to notify the appropriate health authority if the board determines that the complaint concerns certain public health emergencies or other health events; (3) specifies that this bill applies to any complaint received by a health care licensing board, including, without limitation, a complaint that concerns a person or entity which is licensed by more than one health care licensing board as well as a complaint that concerns a person or entity which is licensed solely by another health care licensing board; (4) provides immunity from civil liability under certain circumstances for a health care licensing board or an agent or employee of the board who acts pursuant to this bill; and (5) defines the term health care licensing board to include licensing boards which license, certify or otherwise regulate a provider of health care or other person who may retain health care records as well as the Health Division of the Department of Health and Human Services, which licenses health care facilities.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a health care licensing board determines that a complaint received by the health care licensing board concerns a matter within the jurisdiction of another health care licensing board, the health care licensing board which received the complaint shall:
(a) Except as otherwise provided in paragraph (b), refer the complaint to the other health care licensing board within 5 days after making the determination; and
κ2011 Statutes of Nevada, Page 984 (CHAPTER 223, SB 37)κ
(b) If the health care licensing board also determines that the complaint concerns an emergency situation, immediately refer the complaint to the other health care licensing board.
2. If a health care licensing board determines that a complaint received by the health care licensing board concerns a public health emergency or other health event that is an immediate threat to the health and safety of the public in a health care facility or the office of a provider of health care, the health care licensing board shall immediately notify the appropriate health authority for the purposes of NRS 439.970.
3. A health care licensing board may refer a complaint pursuant to subsection 1 or provide notification pursuant to subsection 2 orally, electronically or in writing.
4. The provisions of subsections 1 and 2 apply to any complaint received by a health care licensing board, including, without limitation:
(a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the health care licensing board that received the complaint and by another health care licensing board; and
(b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another health care licensing board.
5. The provisions of this section do not prevent a health care licensing board from acting upon a complaint which concerns a matter within the jurisdiction of the health care licensing board regardless of whether the health care licensing board refers the complaint pursuant to subsection 1 or provides notification based upon the complaint pursuant to subsection 2.
6. A health care licensing board or an officer or employee of the health care licensing board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this section.
7. As used in this section:
(a) Health care facility means any facility licensed pursuant to chapter 449 of NRS.
(b) Health care licensing board means:
(1) A board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C, 641, 641A, 641B or 641C of NRS.
(2) The Health Division of the Department of Health and Human Services.
Sec. 2. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 985κ
Senate Bill No. 97Senator Wiener
CHAPTER 224
[Approved: June 2, 2011]
AN ACT relating to health care; extending the prospective expiration of provisions governing the list of preferred prescription drugs to be used for the Medicaid program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Department of Health and Human Services is required to develop by regulation a list of preferred prescription drugs to be used for the Medicaid program. The Department is also required to establish a list of prescription drugs that must be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs. Existing law further requires the Department to include certain specified drugs on the list of drugs excluded from the restrictions. (NRS 422.4025) Before July 1, 2010, the Department was required to exclude certain atypical and typical antipsychotic medications, anticonvulsant medications and antidiabetic medications from the restrictions that are imposed on drugs which are on the list of preferred prescription drugs, but the Legislature suspended this requirement for the period from July 1, 2010, to June 30, 2011. (Chapter 4, Statutes of Nevada 2010, 26th Special Session, p. 35) This bill extends the prospective expiration of such provisions, which has the effect of continuing the inclusion of those types of medications in the restrictions that are imposed on drugs which are on the list of preferred prescription drugs until June 30, 2015.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 4, Statutes of Nevada 2010, 26th Special Session, at page 37, is hereby amended to read as follows:
Sec. 4. This act becomes effective on July 1, 2010, and expires by limitation on June 30, [2011.] 2015.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 986κ
Senate Bill No. 59Committee on Commerce, Labor and Energy
CHAPTER 225
[Approved: June 2, 2011]
AN ACT relating to public utilities; increasing the cumulative capacity of net metering systems operating in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a public utility that supplies electricity in this State to offer net metering to the customer-generators operating within the service area of the utility until the cumulative capacity of net metering systems operating within the service area exceeds 1 percent of the peak capacity of the utility. (NRS 704.773) This bill requires a public utility that supplies electricity in this State to offer net metering to the customer-generators operating within the service area of the utility until the cumulative capacity of net metering systems operating in this State equals 2 percent of the total peak capacity of all utilities in this State.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.773 is hereby amended to read as follows:
704.773 1. A utility shall offer net metering, as set forth in NRS 704.775, to the customer-generators operating within its service area until the cumulative capacity of all [such] net metering systems operating in this State is equal to [1] 2 percent of the [utilitys] total peak [capacity.] capacity of all utilities in this State.
2. If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than 100 kilowatts, the utility:
(a) Shall offer to make available to the customer-generator an energy meter that is capable of registering the flow of electricity in two directions.
(b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.
(c) Shall not charge a customer-generator any fee or charge that would increase the customer-generators minimum monthly charge to an amount greater than that of other customers of the utility in the same rate class as the customer-generator.
3. If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than 100 kilowatts, the utility:
(a) May require the customer-generator to install at its own cost:
(1) An energy meter that is capable of measuring generation output and customer load; and
(2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.
κ2011 Statutes of Nevada, Page 987 (CHAPTER 225, SB 59)κ
(b) Except as otherwise provided in paragraph (c), may charge the customer-generator any applicable fee or charge charged to other customers of the utility in the same rate class as the customer-generator, including, without limitation, customer, demand and facility charges.
(c) Shall not charge the customer-generator any standby charge.
Κ At the time of installation or upgrade of any portion of a net metering system, the utility must allow a customer-generator governed by this subsection to pay the entire cost of the installation or upgrade of the portion of the net metering system.
4. The Commission shall adopt regulations prescribing the form and substance for a net metering tariff and a standard net metering contract. The regulations must include, without limitation:
(a) The particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to:
(1) Metering equipment;
(2) Net energy metering and billing; and
(3) Interconnection,
Κ based on the allowable size of the net metering system.
(b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.
(c) A timeline for processing applications and contracts for net metering applicants.
(d) Any other provisions the Commission finds necessary to carry out the provisions of NRS 704.766 to 704.775, inclusive.
Sec. 2. This act becomes effective on July 1, 2011.
________
Senate Bill No. 89Senator McGinness
CHAPTER 226
[Approved: June 2, 2011]
AN ACT relating to common-interest communities; revising provisions governing the audit and review of financial statements of common-interest communities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a unit owners association with an annual budget of less than $75,000 to have an independent certified public accountant review its financial statement in the year immediately preceding the year in which a study of the associations reserves is conducted unless an audit is otherwise requested by 15 percent of the voting members of the association. (NRS 116.31144) This bill exempts associations with an annual budget of less than $45,000 from this requirement.
κ2011 Statutes of Nevada, Page 988 (CHAPTER 226, SB 89)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 116.31144 is hereby amended to read as follows:
116.31144 1. Except as otherwise provided in subsection 2, the executive board shall:
(a) If the annual budget of the association is $45,000 or more but less than $75,000, cause the financial statement of the association to be reviewed by an independent certified public accountant during the year immediately preceding the year in which a study of the reserves of the association is to be conducted pursuant to NRS 116.31152.
(b) If the annual budget of the association is $75,000 or more but less than $150,000, cause the financial statement of the association to be reviewed by an independent certified public accountant every fiscal year.
(c) If the annual budget of the association is $150,000 or more, cause the financial statement of the association to be audited by an independent certified public accountant every fiscal year.
2. [For] Except as otherwise provided in this subsection, for any fiscal year, the executive board of an association [to which paragraph (a) or (b) of subsection 1 applies] shall cause the financial statement for that fiscal year to be audited by an independent certified public accountant if, within 180 days before the end of the fiscal year, 15 percent of the total number of voting members of the association submit a written request for such an audit. The provisions of this subsection do not apply to an association described in paragraph (c) of subsection 1.
3. The Commission shall adopt regulations prescribing the requirements for the auditing or reviewing of financial statements of an association pursuant to this section. Such regulations must include, without limitation:
(a) The qualifications necessary for a person to audit or review financial statements of an association; and
(b) The standards and format to be followed in auditing or reviewing financial statements of an association.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 989κ
Senate Bill No. 96Senator Hardy
CHAPTER 227
[Approved: June 2, 2011]
AN ACT relating to education; encouraging a student who receives a Governor Guinn Millennium Scholarship to volunteer at least 20 hours of community service per year; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Governor Guinn Millennium Scholarship Program and prescribes the eligibility requirements for receipt of a Millennium Scholarship. (NRS 396.911-396.938) This bill encourages a student who receives a Millennium Scholarship to volunteer at least 20 hours of community service during each year that the student receives a Millennium Scholarship.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 396.934 is hereby amended to read as follows:
396.934 1. Except as otherwise provided in this section, within the limits of money available in the Trust Fund, a student who is eligible for a Millennium Scholarship is entitled to receive:
(a) If he or she is enrolled in a community college within the System, including, without limitation, a summer academic term, $40 per credit for each lower division course and $60 per credit for each upper division course in which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less. The Board of Regents shall provide for the designation of upper and lower division courses for the purposes of this paragraph.
(b) If he or she is enrolled in a state college within the System, including, without limitation, a summer academic term, $60 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the state college that are not otherwise satisfied by other grants or scholarships, whichever is less.
(c) If he or she is enrolled in another eligible institution, including, without limitation, a summer academic term, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less.
(d) If he or she is enrolled in more than one eligible institution, including, without limitation, a summer academic term, the amount authorized pursuant to paragraph (a), (b) or (c), or a combination thereof, in accordance with procedures and guidelines established by the Board of Regents.
κ2011 Statutes of Nevada, Page 990 (CHAPTER 227, SB 96)κ
Κ In no event may a student who is eligible for a Millennium Scholarship receive more than the cost of 12 semester credits per semester pursuant to this subsection.
2. No student may be awarded a Millennium Scholarship:
(a) To pay for remedial courses.
(b) For a total amount in excess of $10,000.
3. A student who receives a Millennium Scholarship shall:
(a) Make satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection [7;] 8; and
(b) If the student graduated from high school after May 1, 2003, maintain:
(1) At least a 2.60 grade point average on a 4.0 grading scale for each semester during the first year of enrollment in the Governor Guinn Millennium Scholarship Program.
(2) At least a 2.75 grade point average on a 4.0 grading scale for each semester during the second year of enrollment in the Governor Guinn Millennium Scholarship Program and for each semester during each year of enrollment thereafter.
4. A student who receives a Millennium Scholarship is encouraged to volunteer at least 20 hours of community service for this State, a political subdivision of this State or a charitable organization that provides service to a community or the residents of a community in this State during each year in which the student receives a Millennium Scholarship.
5. If a student does not satisfy the requirements of subsection 3 during one semester of enrollment, excluding a summer academic term, he or she is not eligible for the Millennium Scholarship for the succeeding semester of enrollment. If such a student:
(a) Subsequently satisfies the requirements of subsection 3 in a semester in which he or she is not eligible for the Millennium Scholarship, the student is eligible for the Millennium Scholarship for the students next semester of enrollment.
(b) Fails a second time to satisfy the requirements of subsection 3 during any subsequent semester, excluding a summer academic term, the student is no longer eligible for a Millennium Scholarship.
[5.] 6. A Millennium Scholarship must be used only:
(a) For the payment of registration fees and laboratory fees and expenses;
(b) To purchase required textbooks and course materials; and
(c) For other costs related to the attendance of the student at the eligible institution.
[6.] 7. The Board of Regents shall certify a list of eligible students to the State Treasurer. The State Treasurer shall disburse a Millennium Scholarship for each semester on behalf of an eligible student directly to the eligible institution in which the student is enrolled, upon certification from the eligible institution of the number of credits for which the student is enrolled, which must meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection [7.]
κ2011 Statutes of Nevada, Page 991 (CHAPTER 227, SB 96)κ
certificate, as determined by the Board of Regents pursuant to subsection [7.] 8. The Millennium Scholarship must be administered by the eligible institution as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to subsection [5.] 6. If a student is enrolled in more than one eligible institution, the Millennium Scholarship must be administered by the eligible institution at which the student is enrolled in a program of study leading to a recognized degree or certificate.
[7.] 8. The Board of Regents shall establish:
(a) Criteria for determining whether a student is making satisfactory academic progress toward a recognized degree or certificate for purposes of subsection [6.] 7.
(b) Procedures to ensure that all money from a Millennium Scholarship awarded to a student that is refunded in whole or in part for any reason is refunded to the Trust Fund and not the student.
(c) Procedures and guidelines for the administration of a Millennium Scholarship for students who are enrolled in more than one eligible institution.
Sec. 4. This act becomes effective on July 1, 2011.
________
Assembly Bill No. 393Assemblymen Dondero Loop, Diaz, Smith; Aizley, Benitez-Thompson, Bobzien, Bustamante Adams, Carrillo, Conklin, Frierson, Mastroluca and Ohrenschall
CHAPTER 228
[Approved: June 2, 2011]
AN ACT relating to educational personnel; requiring the board of trustees of each school district and the governing body of each charter school to adopt a policy requiring the licensed employees of the school district or charter school to report information concerning arrests for or convictions of certain crimes; requiring the Commission on Professional Standards in Education to include in the fee for the renewal of licensure of teachers and other educational personnel the amount required for processing the fingerprints of the applicant for renewal by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation; requiring the Central Repository to investigate the criminal background of each applicant for renewal of a license submitted to the Superintendent of Public Instruction; revising other provisions governing the renewal of licensure of teachers and other educational personnel; and providing other matters properly relating thereto.
κ2011 Statutes of Nevada, Page 992 (CHAPTER 228, AB 393)κ
Legislative Counsels Digest:
Under existing law, the Department of Education is required to establish a procedure for the notification, tracking and monitoring of the status of criminal cases involving persons who are licensed by the Superintendent of Public Instruction and for the reporting by a school district or charter school to the Department if a licensed employee is arrested for certain crimes. (NRS 391.053-391.059) Section 1 of this bill requires the board of trustees of each school district and the governing body of each charter school to adopt a policy which requires a licensed employee of the school district or charter school to report to the school district or charter school if the employee is arrested for or convicted of a crime which is required to be reported pursuant to the policy.
Under existing law, an applicant for a license to teach must submit to the Superintendent of Public Instruction with his or her application a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant. (NRS 391.033) Also under existing law, the Central Repository is required to notify the Superintendent of Public Instruction if the background check indicates that an applicant for licensure has been convicted of certain criminal violations. In addition, the Central Repository is required to notify a county school district, charter school or private school if the investigation of an employee of the school district, charter school or private school whose fingerprints are submitted to the Central Repository indicates that the person has been convicted of certain criminal violations. (NRS 179A.075) An applicant for renewal of a license issued by the Superintendent of Public Instruction is not required to undergo a subsequent background investigation of his or her criminal history upon renewal of the license.
Under existing law, the Commission on Professional Standards in Education is required to fix fees of not less than $65 for the issuance and renewal of a license to teach. (NRS 391.040) Existing administrative regulations of the Commission prescribe a fee for: (1) initial licensure of $110, plus the amount charged for the criminal history of the applicant; and (2) renewal of a license of $80. (NAC 391.045, 391.070) Section 3 of this bill requires the Commission to set the fees for renewal of a license to include the fees for processing the fingerprints of the applicant for renewal by the Central Repository and the Federal Bureau of Investigation. Section 4 of this bill requires the Central Repository to investigate the criminal history of applicants for renewal of a license submitted to the Superintendent of Public Instruction. Section 5 of this bill makes the provisions of the bill effective on July 1, 2011, for the purposes of adopting regulations and policies and performing any other preparatory administrative tasks and on January 1, 2012, for all other purposes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of trustees of each school district and the governing body of each charter school shall adopt a policy which requires a licensed employee of the school district or charter school to report to the school district or charter school if the employee is arrested for or convicted of a crime. The policy must include, without limitation, an identification of:
1. The crimes for which an arrest or conviction must be reported;
2. The person to whom the report must be made; and
κ2011 Statutes of Nevada, Page 993 (CHAPTER 228, AB 393)κ
3. The time period after the arrest or conviction in which the report must be made.
Sec. 2. NRS 391.033 is hereby amended to read as follows:
391.033 1. All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.
2. An application for the issuance of a license must include the social security number of the applicant.
3. Every applicant for a license must submit with his or her application a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection 6 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.
4. The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.
5. A license must be issued to , or renewed for, as applicable, an applicant if:
(a) The Superintendent determines that the applicant is qualified;
(b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:
(1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or
(2) Indicate that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied [;] or for which he or she is currently employed, as applicable; and
(c) [The] For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.
Sec. 3. NRS 391.040 is hereby amended to read as follows:
391.040 1. The Commission shall fix fees of not less than $65 for the [issuance and renewal] :
(a) Initial issuance of a license [.] , which must include the fees for processing the fingerprints of the applicant by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation; and
(b) Renewal of a license, which must include the fees for processing the fingerprints of the applicant for renewal by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation.
2. The fee for issuing a duplicate license is the same as for issuing the original.
[2.] 3. The portion of each fee which represents the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant must be deposited with the State Treasurer for credit to the appropriate account of the Department of Public Safety. The remaining portion of the money received from the fees must be deposited with the State Treasurer for credit to the appropriate account of the Department of Education.
κ2011 Statutes of Nevada, Page 994 (CHAPTER 228, AB 393)κ
portion of the money received from the fees must be deposited with the State Treasurer for credit to the appropriate account of the Department of Education.
Sec. 3.5. NRS 391.053 is hereby amended to read as follows:
391.053 As used in NRS 391.053 to 391.059, inclusive, and section 1 of this act, arrest has the meaning ascribed to it in NRS 171.104.
Sec. 3.7. NRS 391.059 is hereby amended to read as follows:
391.059 Immunity from civil or criminal liability extends to every person who, pursuant to NRS 391.053 to 391.059, inclusive, and section 1 of this act, in good faith:
1. Participates in the making of a report;
2. Causes or conducts an investigation of a person who is licensed pursuant to this chapter and who is arrested; or
3. Submits information to the Department concerning a person who is licensed pursuant to this chapter and who is arrested.
Sec. 4. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of Criminal History is hereby created within the Records and Technology Division of the Department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the Department; and
(b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.
3. Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division. The information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
Κ within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.
4. The Division shall, in the manner prescribed by the Director of the Department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Records of criminal history; and
(2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.
κ2011 Statutes of Nevada, Page 995 (CHAPTER 228, AB 393)κ
(c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.
5. The Division may:
(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers Standards and Training Commission;
(4) For whom such information is required to be obtained pursuant to NRS 427A.735 and 449.179; or
(5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
Κ To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the persons complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.
6. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;
(2) Has applied to a county school district, charter school or private school for employment; or
(3) Is employed by a county school district, charter school or private school,
Κ and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
κ2011 Statutes of Nevada, Page 996 (CHAPTER 228, AB 393)κ
violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,
Κ who the Central Repositorys records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repositorys initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has fingerprints submitted pursuant to NRS 427A.735, 449.176 or 449.179.
(g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.
(h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The Central Repository may:
(a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.
(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
8. As used in this section:
κ2011 Statutes of Nevada, Page 997 (CHAPTER 228, AB 393)κ
(a) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, date of birth and photograph or computer-generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.
(b) Private school has the meaning ascribed to it in NRS 394.103.
Sec. 5. This act becomes effective on July 1, 2011, for the purposes of adopting any necessary regulations and policies and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2012, for all other purposes.
________
Senate Bill No. 128Committee on Judiciary
CHAPTER 229
[Approved: June 2, 2011]
AN ACT relating to guardianships; revising provisions governing the appointment, powers and duties of guardians; requiring certain guardians to undergo a background investigation at their own cost and expense; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law governs the appointment, powers and duties of guardians. (Chapter 159 of NRS) Section 7 of this bill requires a private professional guardian to undergo a background investigation at his or her own cost and expense and to present the results of the background investigation to the court upon request. Section 8 of this bill requires every guardian to file a verified acknowledgment of the duties and responsibilities of a guardian before performing any duties as a guardian. The acknowledgment must set forth certain provisions, including certain specific duties of the guardian. The court may exempt a public guardian or private professional guardian from filing an acknowledgment in each case and may instead require the guardian to file a general acknowledgment which covers all guardianships to which the guardian may be appointed. Section 13 of this bill prohibits the removal of a guardian by the court if the sole reason for removal is the lack of money to pay the compensation and expenses of the guardian.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-6. (Deleted by amendment.)
Sec. 7. NRS 159.0595 is hereby amended to read as follows:
159.0595 1. A private professional guardian, if a person, must be qualified to serve as a guardian pursuant to NRS 159.059 and must be a certified guardian.
2. A private professional guardian, if an entity, must be qualified to serve as a guardian pursuant to NRS 159.059 and must have a certified guardian involved in the day-to-day operation or management of the entity.
κ2011 Statutes of Nevada, Page 998 (CHAPTER 229, SB 128)κ
3. A private professional guardian shall, at his or her own cost and expense:
(a) Undergo a background investigation which requires the submission of a complete set of his or her fingerprints to the Central Repository for Nevada Records of Criminal History and to the Federal Bureau of Investigation for their respective reports; and
(b) Present the results of the background investigation to the court upon request.
4. As used in this section:
(a) Certified guardian means a person who is certified by the Center for Guardianship Certification or any successor organization.
(b) Entity includes, without limitation, a corporation, whether or not for profit, a limited-liability company and a partnership.
(c) Person means a natural person.
Sec. 8. NRS 159.073 is hereby amended to read as follows:
159.073 1. Every guardian , [shall,] before entering upon his or her duties as guardian and before letters of guardianship may issue [:
1.] , shall:
(a) Take and subscribe the official oath which must:
[(a)] (1) Be endorsed on the letters of guardianship; and
[(b)] (2) State that the guardian will well and faithfully perform the duties of guardian according to law.
[2.] (b) File in the proceeding the appropriate documents which include, without limitation, the full legal name of the guardian and the residence and post office addresses of the guardian.
(c) Except as otherwise required in subsection 2, make and file in the proceeding a verified acknowledgment of the duties and responsibilities of a guardian. The acknowledgement must set forth:
(1) A summary of the duties, functions and responsibilities of a guardian, including, without limitation, the duty to:
(I) Act in the best interest of the ward at all times.
(II) Provide the ward with medical, surgical, dental, psychiatric, psychological, hygienic or other care and treatment as needed, with adequate food and clothing and with safe and appropriate housing.
(III) Protect, preserve and manage the income, assets and estate of the ward and utilize the income, assets and estate of the ward solely for the benefit of the ward.
(IV) Maintain the assets of the ward in the name of the ward or the name of the guardianship. Except when the spouse of the ward is also his or her guardian, the assets of the ward must not be commingled with the assets of any third party.
(2) A summary of the statutes, regulations, rules and standards governing the duties of a guardian.
(3) A list of actions regarding the ward that require the prior approval of the court.
(4) A statement of the need for accurate recordkeeping and the filing of annual reports with the court regarding the finances and well-being of the ward.
2. The court may exempt a public guardian or private professional guardian from filing an acknowledgment in each case and, in lieu thereof, require the public guardian or private professional guardian to file a general acknowledgment covering all guardianships to which the guardian may be appointed by the court.
κ2011 Statutes of Nevada, Page 999 (CHAPTER 229, SB 128)κ
a general acknowledgment covering all guardianships to which the guardian may be appointed by the court.
Secs. 9-11. (Deleted by amendment.)
Sec. 12. NRS 159.183 is hereby amended to read as follows:
159.183 1. Subject to the discretion and approval of the court and except as otherwise provided in subsection 4, a guardian must be allowed:
(a) Reasonable compensation for the guardians services;
(b) Necessary and reasonable expenses incurred in exercising the authority and performing the duties of a guardian; and
(c) Reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services.
2. Reasonable compensation and services must be based upon similar services performed for persons who are not under a legal disability. In determining whether compensation is reasonable, the court may consider:
(a) The nature of the guardianship;
(b) The type, duration and complexity of the services required; and
(c) Any other relevant factors.
3. In the absence of an order of the court pursuant to this chapter shifting the responsibility of the payment of compensation and expenses, the payment of compensation and expenses must be paid from the estate of the ward. In evaluating the ability of a ward to pay such compensation and expenses, the court may consider:
(a) The nature, extent and liquidity of the wards assets;
(b) The disposable net income of the ward;
(c) Any foreseeable expenses; and
(d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159.079 or 159.083.
4. A private professional guardian is not allowed compensation or expenses for services incurred by the private professional guardian as a result of a petition to have him or her removed as guardian if the court removes the private professional guardian pursuant to the provisions of paragraph (b), (d), (e), (f) or (h) of subsection [2, 4, 5, 6 or 8] 1 of NRS 159.185.
Sec. 13. NRS 159.185 is hereby amended to read as follows:
159.185 1. The court may remove a guardian if the court determines that:
[1.] (a) The guardian has become mentally incompetent, unsuitable or otherwise incapable of exercising the authority and performing the duties of a guardian as provided by law;
[2.] (b) The guardian is no longer qualified to act as a guardian pursuant to NRS 159.059;
[3.] (c) The guardian has filed for bankruptcy within the previous 5 years;
[4.] (d) The guardian of the estate has mismanaged the estate of the ward;
[5.] (e) The guardian has negligently failed to perform any duty as provided by law or by any order of the court and:
[(a)] (1) The negligence resulted in injury to the ward or the estate of the ward; or
[(b)] (2) There was a substantial likelihood that the negligence would result in injury to the ward or the estate of the ward;
[6.] (f) The guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court, regardless of injury;
κ2011 Statutes of Nevada, Page 1000 (CHAPTER 229, SB 128)κ
[7.] (g) The best interests of the ward will be served by the appointment of another person as guardian; or
[8.] (h) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to NRS 159.0595.
2. A guardian may not be removed if the sole reason for removal is the lack of money to pay the compensation and expenses of the guardian.
Secs. 14 and 15. (Deleted by amendment.)
________
Senate Bill No. 112Committee on Health and Human Services
CHAPTER 230
[Approved: June 2, 2011]
AN ACT relating to juveniles; authorizing a juvenile court to review certain records relating to the custody of a child or the involvement of a child with an agency which provides child welfare services for certain purposes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the types of evidence that a juvenile court may receive during a proceeding. (NRS 62D.420) Section 8 of this bill allows the juvenile court to review certain records relating to the custody of a child or the involvement of a child with an agency which provides child welfare services when it has access to those records. Section 8 limits the use of such records by the juvenile court to assisting the court in determining the appropriate placement or plan of treatment for the child.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-7. (Deleted by amendment.)
Sec. 8. NRS 62D.420 is hereby amended to read as follows:
62D.420 1. In each proceeding conducted pursuant to the provisions of this title, the juvenile court may:
(a) Receive all competent, material and relevant evidence that may be helpful in determining the issues presented, including, but not limited to, oral and written reports; and
(b) Rely on such evidence to the extent of its probative value.
2. The juvenile court shall afford the parties and their attorneys an opportunity to examine and controvert each written report that is received into evidence and to cross-examine each person who made the written report, when reasonably available.
3. In any proceeding involving a child for which the court has access to records relating to the custody of the child or the involvement of the child with an agency which provides child welfare services, the juvenile court may review those records to assist the court in determining the appropriate placement or plan of treatment for the child.
4. Except when a record described in subsection 3 would otherwise be admissible as evidence in the proceeding, the juvenile court shall not use a record reviewed pursuant to subsection 3 to prove that the child committed a delinquent act or is in need of supervision or for any purpose other than a purpose set forth in subsection 3.
κ2011 Statutes of Nevada, Page 1001 (CHAPTER 230, SB 112)κ
record reviewed pursuant to subsection 3 to prove that the child committed a delinquent act or is in need of supervision or for any purpose other than a purpose set forth in subsection 3. Except as otherwise provided in subsection 5, such records must not be disclosed or otherwise made open to inspection unless the records are admitted as evidence and used to determine the disposition of the case.
5. The juvenile court shall afford the parties and their attorneys an opportunity to examine and address any record reviewed by the juvenile court pursuant to subsection 3.
6. As used in this section, agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 9. (Deleted by amendment.)
Sec. 10. This act becomes effective on July 1, 2011.
________
Senate Bill No. 134Senator Rhoads
CHAPTER 231
[Approved: June 2, 2011]
AN ACT relating to the City of Elko; providing for the general municipal election to be held on the date for the state general election; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The existing Charter of the City of Elko provides that the general municipal election occurs on the first Tuesday after the first Monday in June of odd-numbered years. (Elko City Charter § 5.010) This bill amends the Charter to change the date of the general municipal election to coincide with the date of the state general election, which is held in November of even-numbered years, starting in November of 2012.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.060 of the Charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 51, Statutes of Nevada 2001, at page 447, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies. Except as otherwise provided in NRS 268.325:
1. A vacancy in the City Council must be filled by a majority vote of the members of the City Council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the City Council before the vacancy occurs. In such a case, each member of the City Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the City Council pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
κ2011 Statutes of Nevada, Page 1002 (CHAPTER 231, SB 134)κ
2. No such appointment extends beyond the first Monday in :
(a) If the appointee is filling a vacancy occurring in an office for which an election is held pursuant to subsection 2 of section 5.010, July after the next municipal election, at which election the office must be filled.
(b) If the appointee is filling a vacancy occurring in an office for which an election is held pursuant to subsection 1, 3 or 4 of section 5.010, January after the next municipal election, at which election the office must be filled.
Sec. 2. Section 2.010 of the Charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 51, Statutes of Nevada 2001, at page 449, is hereby amended to read as follows:
Sec. 2.010 City Council: Qualifications; election; term of office; salary.
1. The legislative power of the City is vested in a City Council consisting of four members and the Mayor.
2. The members of the City Council must be:
(a) Bona fide residents of the City for at least 2 years before their election.
(b) Qualified electors within the City.
3. All members of the City Council must be voted upon by the registered voters of the City at large and , except as otherwise provided in section 5.010, shall serve for terms of 4 years.
4. The members of the City Council must receive a salary in an amount fixed by the City Council.
Sec. 3. Section 5.010 of the Charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 51, Statutes of Nevada 2001, at page 463, is hereby amended to read as follows:
Sec. 5.010 Municipal elections.
1. On the first Tuesday after the first Monday in June [1975, and at each successive interval of 4 years,] 2011, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, a Mayor and two members of the City Council, [who shall] all of whom hold office [for a period of 4 years and] until their successors have been elected and qualified [.] pursuant to subsection 4.
2. On the first Tuesday after the first Monday in June [1973, and at each successive interval of 4 years thereafter,] 2009, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, two members of the City Council, [who shall] both of whom hold office [for a period of 4 years and] until their successors have been elected and qualified [.] pursuant to subsection 3.
3. On the first Tuesday after the first Monday in November 2012, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, two members of the City Council, both of whom hold office for a period of 4 years and until their successors have been elected and qualified.
κ2011 Statutes of Nevada, Page 1003 (CHAPTER 231, SB 134)κ
4. On the first Tuesday after the first Monday in November 2014, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, a Mayor and two members of the City Council, all of whom hold office for a period of 4 years and until their successors have been elected and qualified.
Sec. 4. Section 5.090 of the Charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 185, Statutes of Nevada 2007, at page 628, is hereby amended to read as follows:
Sec. 5.090 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from a municipal election must be filed with the City Clerk, who shall immediately place the returns in a safe or vault. No person may handle, inspect or in any manner interfere with the returns until the returns are canvassed by the City Council.
2. The City Council shall meet within 6 working days after an election and canvass the returns and declare the result. The election returns must be sealed and kept by the City Clerk for 2 years, and no person may have access thereto except on order of a court of competent jurisdiction or by order of the City Council.
3. The City Clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first Monday in :
(a) If the officer is elected pursuant to subsection 1 or 2 of section 5.010, July next following [their] his or her election.
(b) If the officer is elected pursuant to subsection 3 or 4 of section 5.010, January next following his or her election.
4. If any election should result in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot. The Clerk shall then issue to the winner a certificate of election.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 1004κ
Senate Bill No. 205Senators Leslie and Hardy
Joint Sponsors: Assemblymen Mastroluca, Carlton; and Bobzien
CHAPTER 232
[Approved: June 2, 2011]
AN ACT relating to nursing; requiring national certification for a registered nurse to receive a certificate of recognition as an advanced practitioner of nursing; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the State Board of Nursing is authorized to grant a certificate of recognition as an advanced practitioner of nursing to a registered nurse who meets certain requirements. (NRS 632.237) This bill adds the requirement that to obtain a certificate of recognition as an advanced practitioner of nursing in Nevada the registered nurse must be certified as an advanced practitioner of nursing by a nationally recognized certification agency effective July 1, 2014. However, an advanced practitioner of nursing who receives a certificate of recognition before that date is exempt from that requirement.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 632.237 is hereby amended to read as follows:
632.237 1. The Board may grant a certificate of recognition as an advanced practitioner of nursing to a registered nurse who [has] :
(a) Has completed an educational program designed to prepare a registered nurse to:
[(a)] (1) Perform designated acts of medical diagnosis;
[(b)] (2) Prescribe therapeutic or corrective measures; and
[(c)] (3) Prescribe controlled substances, poisons, dangerous drugs and devices [,
Κ] ;
(b) Except as otherwise provided in subsection 4, submits proof that he or she is certified as an advanced practitioner of nursing by the American Board of Nursing Specialties, the National Commission for Certifying Agencies of the Institute for Credentialing Excellence, or their successor organizations, or any other nationally recognized certification agency approved by the Board; and [who meets the]
(c) Meets any other requirements established by the Board for such certification.
2. An advanced practitioner of nursing may:
(a) Engage in selected medical diagnosis and treatment; and
(b) If authorized pursuant to NRS 639.2351, prescribe controlled substances, poisons, dangerous drugs and devices,
κ2011 Statutes of Nevada, Page 1005 (CHAPTER 232, SB 205)κ
Κ pursuant to a protocol approved by a collaborating physician. A protocol must not include and an advanced practitioner of nursing shall not engage in any diagnosis, treatment or other conduct which the advanced practitioner of nursing is not qualified to perform.
3. The Board shall adopt regulations:
(a) Specifying [the] any additional training, education and experience necessary for certification as an advanced practitioner of nursing.
(b) Delineating the authorized scope of practice of an advanced practitioner of nursing.
(c) Establishing the procedure for application for certification as an advanced practitioner of nursing.
4. The provisions of paragraph (b) of subsection 1 do not apply to an advanced practitioner of nursing who obtains a certificate of recognition before July 1, 2014.
Sec. 2. This act becomes effective on July 1, 2014.
________
Senate Bill No. 322Senators Settelmeyer; Hardy and Manendo
CHAPTER 233
[Approved: June 2, 2011]
AN ACT relating to motor vehicles; revising provisions relating to enforcement of weight limits on vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the enforcement of weight limits on vehicles by specially trained members of the Nevada Highway Patrol, inspectors of the Department of Motor Vehicles and the Department of Public Safety, and to certain law enforcement personnel in counties whose population is 100,000 or more (currently Clark and Washoe Counties). The authorized law enforcement personnel, if they have reason to believe that the weight of a vehicle and load is unlawful, may require the driver to stop and submit to a weighing of the vehicle. (NRS 484D.675) This bill authorizes such a stop only if the officer has a reasonable suspicion that the vehicle is being operated unlawfully by reason of its weight, but clarifies that such reasonable suspicion is not required with respect to the weighing of a vehicle which is conducted without requiring the driver to stop the vehicle or leave the roadway. This bill also eliminates the restriction on enforcement of weight limits by local law enforcement officers in less populated counties but specifies that the authority of the law enforcement officers and inspectors is limited to enforcement within their own jurisdiction. Finally, this bill revises the training requirements for such officers.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484D.675 is hereby amended to read as follows:
484D.675 1. Authority for the enforcement of the provisions of NRS 484D.630 to 484D.680, inclusive, is vested in certain law enforcement agencies in this State.
κ2011 Statutes of Nevada, Page 1006 (CHAPTER 233, SB 322)κ
2. Any category I peace officer, officer of the Nevada Highway Patrol or inspector [having reason to believe] acting within his or her jurisdiction who has reasonable suspicion that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle either by means of portable or stationary scales and may require that the vehicle be driven to the nearest public scales, if they are within 5 miles. Reasonable suspicion is not required before use of any device that weighs a vehicle without requiring the driver to stop the vehicle or leave the roadway.
3. An officer of the Nevada Highway Patrol, a category I peace officer or an inspector upon weighing a vehicle and load as provided in subsection 2 who determines that the weight is unlawful may require the driver to stop in a suitable place and remove such portion of the load as may be necessary to reduce the gross weight of the vehicle to those limits permitted under NRS 484D.630 to 484D.680, inclusive. All materials so unloaded must be cared for by the carrier of the material and at the carriers expense. The officer of the Nevada Highway Patrol, category I peace officer or inspector may allow the driver of the inspected vehicle to continue on his or her journey if any overload does not exceed by more than 5 percent the limitations prescribed by NRS 484D.630 to 484D.680, inclusive, but the penalties provided in NRS 484D.680 must be imposed for the overload violation.
4. Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer of the Nevada Highway Patrol, a category I peace officer or an inspector upon a weighing of the vehicle to stop and otherwise comply with the provisions of NRS 484D.630 to 484D.680, inclusive, is guilty of a misdemeanor.
5. As used in this section:
(a) Category I peace officer means a peace officer, as defined in NRS 289.460, [in a county whose population is 100,000 or more] who [has] :
(1) Has received specialized training concerning vehicle weight enforcement;
(2) Is certified by the Commercial Vehicle Safety Alliance to perform a North American Standard Inspection; and
(3) Has completed a vehicle weight enforcement training program that is specific to this State and conducted by the Nevada Highway Patrol.
(b) Inspector means an inspector of the Department of Motor Vehicles or the Department of Public Safety who has completed a vehicle weight enforcement training program that is specific to this State and conducted by the Nevada Highway Patrol.
(c) Law enforcement agency has the meaning ascribed to it in NRS 202.873.
(d) North American Standard Inspection has the meaning ascribed to it in 49 C.F.R. § 350.105.
________
κ2011 Statutes of Nevada, Page 1007κ
Senate Bill No. 337Senators Kieckhefer and Copening
CHAPTER 234
[Approved: June 2, 2011]
AN ACT relating to anatomical gifts; providing under certain circumstances that certain anatomical gifts pass to a family member of the donor who is a medically suitable recipient for the gift; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the rights of donors and recipients of anatomical gifts of all or part of a human body for the purpose of transplantation, therapy, research or education. Existing law also sets forth various requirements and procedures for making and receiving anatomical gifts. (NRS 451.500-451.598) This bill provides that, before certain anatomical gifts may pass to an appropriate eye, tissue or organ bank, the gift must first pass to a family member of the donor who is: (1) a medically suitable recipient for the part; (2) a resident of this State; and (3) related to the donor within the fourth degree of consanguinity or affinity.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 451.571 is hereby amended to read as follows:
451.571 1. An anatomical gift may be made to the following persons named in the document of gift:
(a) A hospital, accredited medical school, dental school, college, university, organ procurement organization or other appropriate person, for research or education;
(b) Subject to subsection 2, a natural person designated by the person making the anatomical gift if the natural person is the recipient of the part; or
(c) An eye bank or tissue bank.
2. If an anatomical gift to a natural person under paragraph (b) of subsection 1 is not medically suitable for transplantation into the natural person, the gift, in the absence of an express, contrary indication by the person making the gift:
(a) If it is medically suitable for transplantation or therapy for other natural persons, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.
(b) If it is not medically suitable for transplantation or therapy for other natural persons, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
3. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection 1 but identifies the purpose for which an anatomical gift may be used, the following rules apply:
(a) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.
κ2011 Statutes of Nevada, Page 1008 (CHAPTER 234, SB 337)κ
(b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.
(c) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(d) If the part is an organ, an eye or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
4. For the purpose of subsection 3, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift, in the absence of an express, contrary indication by the person making the gift:
(a) If it is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with paragraphs (a), (b) and (c) of subsection 3.
(b) If it is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
5. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection 1 and does not identify the purpose of the gift, the gift, in the absence of an express, contrary indication by the person making the gift:
(a) If it is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.
(b) If it is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
6. If a document of gift specifies only a general intent to make an anatomical gift by words such as donor or organ donor or by a symbol or statement of similar import, the gift, in the absence of an express, contrary indication by the person making the gift:
(a) If it is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.
(b) If it is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
7. If a document of gift specifies only a general intent to make an anatomical gift by words such as body donor or by a symbol or statement of similar import, the gift, in the absence of an express, contrary indication by the person making the gift:
(a) If any part is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.
(b) If any part is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
κ2011 Statutes of Nevada, Page 1009 (CHAPTER 234, SB 337)κ
appropriate procurement, research or educational organization or other appropriate person for research or education.
8. For purposes of subsections 2, 5, 6 and 7, if an anatomical gift is medically suitable for transplantation or therapy, the following rules apply:
(a) If a family member of the donor resides in this State and is a medically suitable recipient for the gift, the gift passes to the family member.
(b) If no family member exists as described in paragraph (a):
(1) If the part is an eye, the gift passes to the appropriate eye bank.
[(b)] (2) If the part is tissue, the gift passes to the appropriate tissue bank.
[(c)] (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
9. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (b) of subsection 1, passes to the organ procurement organization as custodian of the organ.
10. If an anatomical gift does not pass pursuant to subsections 1 to 9, inclusive, or the decedents body or part is not used for transplantation, therapy, research or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
11. A person may not accept an anatomical gift if the person knows that the gift was not effectively made under NRS 451.558 or 451.568 or if the person knows that the decedent made a refusal under NRS 451.561 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
12. Except as otherwise provided in paragraph (b) of subsection 1 [,] and subsection 8, nothing in NRS 451.500 to 451.598, inclusive, affects the allocation of organs for transplantation or therapy.
13. As used in this section, family member means a person who is related to the donor within the fourth degree of consanguinity or affinity.
________
κ2011 Statutes of Nevada, Page 1010κ
Senate Bill No. 358Senators Denis and Brower
Joint Sponsor: Assemblyman Ohrenschall
CHAPTER 235
[Approved: June 2, 2011]
AN ACT relating to regional transportation commissions; revising provisions pertaining to vending stands provided for by such a commission; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes a priority of right for persons who are blind or visually impaired to operate vending stands in or on any public buildings or properties. (NRS 426.640) Existing law also exempts from that priority of right vending stands in any building, terminal or parking facility owned, operated or leased by a regional transportation commission in a county whose population is 400,000 or more (currently Clark County). (NRS 277A.320) Section 2 of this bill removes that exemption for both existing and future contracts. Section 3 of this bill clarifies that the removal of the exemption applies with respect to any vending stand contract entered into by such a regional transportation commission on or after the effective date of this bill, and that any such existing vending stand contract must comply with the amendatory provisions of this bill on and after July 1, 2011.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Legislature hereby finds and declares that:
1. There is a great need, as described in NRS 426.640, to provide persons who are blind with remunerative employment, enlarge the economic opportunities of persons who are blind and stimulate persons who are blind to greater efforts to make themselves self-supporting with independent livelihoods; and
2. It is the policy of the Legislature and of this State to support the needs of persons who are blind by vigorously enforcing and promoting the provisions of NRS 426.630 to 426.720, inclusive.
Sec. 2. NRS 277A.320 is hereby amended to read as follows:
277A.320 1. In a county whose population is 400,000 or more, the commission may provide for the construction, installation and maintenance of vending stands for passengers of public mass transportation in any building, terminal or parking facility owned, operated or leased by the commission.
2. The provisions of NRS 426.630 to 426.720, inclusive, [do not] apply to a vending stand constructed, installed or maintained pursuant to this section.
Sec. 3. 1. The amendatory provisions of this act apply to any contract for the operation of a vending stand that is entered into on or after the effective date of this act.
2. In addition to the provisions of subsection 1, all contracts for the operation of a vending stand that are in existence on the date on which this act becomes effective and are affected by the amendatory provisions of this act must be in compliance with the amendatory provisions of this act on and after July 1, 2011.
κ2011 Statutes of Nevada, Page 1011 (CHAPTER 235, SB 358)κ
act becomes effective and are affected by the amendatory provisions of this act must be in compliance with the amendatory provisions of this act on and after July 1, 2011.
3. As used in this section, vending stand has the meaning ascribed to it in NRS 426.630.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 111Senator Settelmeyer
Joint Sponsor: Assemblyman Kite
CHAPTER 236
[Approved: June 2, 2011]
AN ACT relating to the protection of children; requiring agencies which provide child welfare services to develop and implement a plan to ensure that certain requirements concerning the placement of children in protective custody are understood and carried out; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a person from placing a child who is under 6 years of age and who is in protective custody into a child care institution unless appropriate foster care is not available at the time of the placement or certain other conditions are met, including that the medical needs of the child cannot be met at any other placement or if the placement is necessary to avoid separating siblings. (NRS 432B.3905) This bill requires each agency which provides child welfare services to develop and implement a written plan to ensure that the provisions and exceptions for such placement of children in protective custody are understood and carried out.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.3905 is hereby amended to read as follows:
432B.3905 1. An employee of an agency which provides child welfare services or its designee, an agent or officer of a law enforcement agency, an officer of a local juvenile probation department or the local department of juvenile services or any other person who places a child in protective custody pursuant to this chapter:
(a) Except as otherwise provided in subsection 2, shall not transfer a child who is under the age of 6 years to, or place such a child in, a child care institution unless appropriate foster care is not available at the time of placement in the county in which the child resides; and
(b) Shall make all reasonable efforts to place siblings in the same location.
2. A child under the age of 6 years may be placed in a child care institution:
κ2011 Statutes of Nevada, Page 1012 (CHAPTER 236, SB 111)κ
(a) If the child requires medical services and such medical services could not be provided at any other placement; or
(b) If necessary to avoid separating siblings.
3. If a child is transferred to or placed in a child care institution in violation of subsection 1, the agency which provides child welfare services that is responsible for the child shall immediately notify the Director of the Department of Health and Human Services and shall move the child to another placement as soon as possible.
4. The Director of the Department shall, on or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a written report concerning any child under the age of 6 years who was placed in a child care institution during the previous 12 months. Such a report must include, without limitation:
(a) An explanation of the situation that required the transfer of the child to or placement of the child in a child care institution;
(b) A summary of any actions that were taken to ensure the health, welfare and safety of the child; and
(c) The length of time that the child was required to remain in the child care institution.
Κ The Director of the Legislative Counsel Bureau shall cause such report to be made available to each Senator and member of the Assembly.
5. Each agency which provides child welfare services shall develop and implement a written plan to ensure that the provisions of this section are understood and carried out.
6. As used in this section, child care institution:
(a) Means any type of home or facility that:
(1) Provides care and shelter during the day and night to 16 or more children who are in protective custody of an agency which provides child welfare services; or
(2) Provides care and shelter during the day and night, through the use of caregivers who work in shifts, to children who are in protective custody of an agency which provides child welfare services.
(b) Does not include a home or facility that provides medical services to children.
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