Senate Bill No. 164

Senate Bill No. 164-Committee on Government Affairs

(On Behalf of the Office of the State Controller)

March 3, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Changes designation of certain funds from "trust fund" to "special revenue fund." (BDR 31-531)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to public finances; changing the designation of certain funds from "trust fund" to "special revenue fund"; and providing other matters properly relating thereto.

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

Section 1 NRS 353.266 is hereby amended to read as follows:
353.266 1. The contingency fund is hereby created as a [trust] special revenue fund. Money for the fund must be provided by direct legislative appropriation.
2. Money in the contingency fund may be allocated and expended within the limitations and in the manner provided in NRS 353.268, 353.269 and 538.650:
(a) For emergency use to supplement regular legislative appropriations which fail to cover unforeseen expenses;
(b) To meet expenses [under] pursuant to the requirements of the law; or
(c) As provided by specific statute.
Sec. 2. NRS 353.288 is hereby amended to read as follows:
353.288 1. The fund to stabilize the operation of the state government is hereby created as a [trust] special revenue fund. Except as otherwise provided in subsection 2, the state controller shall deposit to the credit of the fund two-fifths of any revenue in the state general fund collected by the state for general, unrestricted uses, and not for special purposes, in excess of the amount necessary to:
(a) Pay all appropriations made for the support of the state government for the fiscal year in which that revenue will be deposited in the fund; and
(b) Attain the reserve required by NRS 353.213.
2. The balance in the fund must not exceed 10 percent of the total of all appropriations from the state general fund for the operation of all departments, institutions and agencies of the state government and authorized expenditures from the state general fund for the regulation of gaming for the fiscal year in which that revenue will be deposited in the fund.
3. Money from the fund to stabilize the operation of the state government may be appropriated only:
(a) If the total actual revenue of the state falls short by 5 percent or more of the total anticipated revenue for the biennium in which the appropriation is made; or
(b) If the legislature and the governor declare that a fiscal emergency exists.
Sec. 3. NRS 1.470 is hereby amended to read as follows:
1.470 1. The [trust] fund for the National Judicial College is hereby created [.] as a special revenue fund. The interest and income earned on the money in the [trust] fund, in an amount not exceeding $300,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of $300,000 per year must be credited to the state general fund.
2. The state treasurer shall, subject to the limitation in subsection 1, pay to the dean of the National Judicial College at the end of each quarter an amount equal to any interest and income credited to the [trust] fund during that quarter. The dean may use the money to pay expenses which relate to operating the college.
3. The state board of examiners may, upon making a determination that any portion of the principal of the money in the [trust] fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the [trust] fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.
4. The dean shall submit an itemized statement of all of the income and expenditures of the National Judicial College each year to the legislature or the interim finance committee.
Sec. 4. NRS 1.480 is hereby amended to read as follows:
1.480 1. The [trust] fund for the National College of Juvenile and Family Law is hereby created [.] as a special revenue fund. The interest and income earned on the money in the [trust] fund, in an amount not exceeding $100,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of $100,000 per year must be credited to the state general fund.
2. The state treasurer shall, subject to the limitation in subsection 1, pay to the dean of the National College of Juvenile and Family Law at the end of each quarter an amount equal to any interest and income credited to the [trust] fund during that quarter. The dean may use the money to pay expenses relating to the operation of the college.
3. The state board of examiners may, upon making a determination that any portion of the principal of the money in the [trust] fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the [trust] fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.
4. The dean shall submit an itemized statement of all of the income and expenditures of the National College of Juvenile and Family Law each year to the legislature or the interim finance committee.
Sec. 5. NRS 118B.211 is hereby amended to read as follows:
118B.211 As used in NRS 118B.211 to 118B.219, inclusive, ["trust fund"] "fund" means the [trust] fund for low-income owners of mobile homes created pursuant to NRS 118B.215.
Sec. 6. NRS 118B.213 is hereby amended to read as follows:
118B.213 1. In addition to the fee established pursuant to NRS 118B.185, except as otherwise provided in subsection 3, the owner of a mobile home park shall pay to the division an annual fee of $12 for each lot within the park. The owner shall not impose a fee or surcharge to recover from his tenants the costs resulting from the annual fee per lot paid pursuant to this subsection, or any related penalty.
2. The administrator shall notify the owner of each mobile home park in this state on or before July 1 of each year of the fee imposed pursuant to this section.
3. If on May 15 of that year the balance in the [trust] fund which is attributable to deposits pursuant to this section exceeds $1,000,000, the administrator shall not charge or collect a fee pursuant to this section. The administrator shall resume the collection in any year when the balance on May 15 is less than $750,000. The administrator shall request the state treasurer to inform him of the applicable balance of the fund on May 15 of each year.
4. If an owner fails to pay the fee within 30 days after receiving written notice from the administrator to do so, a penalty of 50 percent of the amount of the fee must be added.
5. All fees and penalties collected by the division pursuant to this section must be deposited in the state treasury for credit to the [trust] fund.
Sec. 7. NRS 118B.215 is hereby amended to read as follows:
118B.215 1. There is hereby created as a special revenue fund in the state treasury the [trust] fund for low-income owners of mobile homes, to be administered by the division. All money received for the use of the [trust] fund pursuant to NRS 118B.213 or from any other source must be deposited in the [trust] fund.
2. The interest and income earned on the money in the [trust] fund, after deducting any applicable charges, must be credited to the [trust] fund. All claims against the [trust] fund must be paid as other claims against the state are paid.
3. The money in the [trust] fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the mobile home lot on which their mobile home is located. To be eligible for assistance from the [trust] fund a person must:
(a) Except as otherwise provided in this subsection, have been a tenant in the same mobile home park in this state for at least 1 year immediately preceding his application for assistance;
(b) Own the mobile home which is subject to the tenancy;
(c) Have a monthly household income which is at or below:
(1) The federally designated level signifying poverty or $750, whichever is greater, if the person is the sole occupant of the mobile home; or
(2) The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the mobile home;
(d) Be a tenant in a mobile home park and maintain continuous tenancy in that park during the duration of the supplemental assistance; and
(e) Not have assets whose value is more than $10,000, excluding the value of the mobile home which is subject to the tenancy, the contents of that mobile home and one motor vehicle.
A person who has been a tenant of a mobile home park in this state for at least 1 year, but has not been a tenant of the mobile home park in which he resides at the time he applies for assistance for at least 1 year, is eligible for assistance from the [trust] fund if he moved to the mobile home park in which he resides at the time of his application because he was unable to pay the rent at the mobile home park from which he moved or because that park was closed.
4. The administrator shall adopt regulations establishing:
(a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the division with a written acknowledgment of his continued eligibility for assistance.
(b) The maximum amount of assistance which may be distributed to a person to supplement his monthly rent pursuant to this section.
5. As used in this section, "monthly household income" means the combined monthly incomes of the occupants of a mobile home which is subject to the tenancy for which assistance from the [trust] fund is requested.
Sec. 8. NRS 118B.2155 is hereby amended to read as follows:
118B.2155 Each application for assistance from the [trust] fund must include:
1. A statement that [any] an applicant who fails to report:
(a) Information required to be included in the application which he knew at the time he signed the application; or
(b) [Any] A change in his eligibility pursuant to NRS 118B.218,
may be personally liable to the division for any assistance incorrectly paid to him.
2. The provisions of NRS 118B.219.
Sec. 9. NRS 118B.216 is hereby amended to read as follows:
118B.216 1. The division shall notify an applicant for or recipient of assistance from the [trust] fund of its decision to deny or terminate assistance by mailing to the applicant or recipient a notice of its decision by certified mail, return receipt requested, to the last known address of the applicant or recipient. The notice must:
(a) Specify the reasons for the denial or termination of assistance; and
(b) Contain a statement informing the applicant or recipient that a hearing will be provided if a written request for a hearing is filed by the applicant or recipient within 20 days after he receives the notice.
2. An applicant or recipient may, within 20 days after he receives notice pursuant to subsection 1, file a written request for a hearing with the division. If the division does not receive a request for a hearing within 20 days after the applicant or recipient receives the notice pursuant to subsection 1, the division's decision becomes final and is not subject to judicial review.
3. If an applicant for or recipient of assistance requests a hearing within 20 days after he receives notice pursuant to subsection 1, a hearing must be conducted before a hearing officer appointed by the director of the department of business and industry or a person designated by him within 60 days after receipt of the request. The division shall notify the applicant or recipient of the time, place and date of the hearing. An applicant whose application for assistance has been denied has the burden of proving that he is entitled to receive assistance. The division has the burden of proving the grounds for terminating the assistance provided to a recipient.
4. The hearing officer shall issue a decision within 30 days after the hearing and mail a copy of the decision to the applicant or recipient. The decision of the hearing officer is a final decision for purposes of judicial review.
Sec. 10. NRS 118B.217 is hereby amended to read as follows:
118B.217 1. At least twice each year, the division shall:
(a) Prepare a list of persons who are eligible to receive assistance from the [trust] fund; and
(b) Determine whether the amount of money in the [trust] fund is sufficient to provide assistance to each person whose name appears on the list.
2. If the division determines that the amount of money in the [trust] fund is not sufficient to provide assistance to each person whose name appears on the list, the division shall determine which of those eligible persons will receive assistance from the [trust] fund.
3. The division shall prepare a list of the persons who are eligible to receive assistance from the [trust] fund but do not receive assistance because the amount of money in the [trust] fund is insufficient to provide assistance to those persons. The division shall ensure that the persons whose names appear on that list receive assistance from the [trust] fund as soon as practicable after the money to provide that assistance becomes available.
4. Each person who receives assistance from the [trust] fund must receive a percentage of his rent which is equal to the percentage of rent received by every other person who receives assistance from the [trust] fund.
Sec. 11. NRS 118B.218 is hereby amended to read as follows:
118B.218 A person who receives assistance pursuant to NRS 118B.215 shall notify the administrator of any change in his eligibility pursuant to that section within 10 days after the change. A person who violates this section is ineligible for assistance from the [trust fund for low-income owners of mobile homes.] fund.
Sec. 12. NRS 118B.2185 is hereby amended to read as follows:
118B.2185 The division may recover from a person who receives assistance from the [trust] fund an amount not to exceed the assistance incorrectly paid to him if he failed to report:
1. Information required to be included in the application which he knew at the time he signed the application; or
2. Any change in his eligibility pursuant to NRS 118B.218.
Sec. 13. NRS 118B.219 is hereby amended to read as follows:
118B.219 1. Any person who knowingly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain with the intent to cheat or defraud the division assistance from the [trust] fund in an amount of $100 or more is personally liable for:
(a) Any assistance incorrectly paid to that person;
(b) The costs of any investigation conducted by the division to determine whether that person received assistance incorrectly;
(c) Court costs;
(d) Attorney's fees; and
(e) A civil penalty of not more than $1,000.
2. The division may bring an action to recover a civil penalty imposed pursuant to subsection 1 and shall deposit any money recovered with the state treasurer for credit to the [trust] fund.
Sec. 14. NRS 232.355 is hereby amended to read as follows:
232.355 1. Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money or other property which the divisions of the department of human resources are authorized to accept must be accounted for in the department of human resources' gift fund, hereby created as a [trust] special revenue fund. The fund is a continuing fund without reversion. The department may establish such accounts in the fund as are necessary to account properly for gifts received. All money received by the division must be deposited in the state treasury for credit to the fund. The money in the fund must be paid out on claims as other claims against the state are paid. Unless otherwise specifically provided by statute, claims against the fund must be approved by the director or his delegate.
2. Gifts of property other than money may be sold or exchanged when this is deemed by the head of the facility or agency responsible for the gift to be in the best interest of the facility or agency. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the head of the facility or agency. All money received from the sale must be deposited in the state treasury to the credit of the appropriate gift account in the department of human resources' gift fund. The money may be spent only for the purposes of the facility or agency named in the title of the account. The property may not be sold or exchanged if to do so would violate the terms of the gift.
Sec. 15. NRS 375A.700 is hereby amended to read as follows:
375A.700 1. The department shall deposit all payments received pursuant to NRS 375A.100 in the state treasury:
(a) For credit to the estate tax account in the state general fund, an amount determined by the department as necessary to pay the costs of administration of this chapter and to refund any overpayments of tax.
(b) For credit to the estate tax account in the endowment fund of the University and Community College System of Nevada, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).
(c) For credit to the [trust] fund for class-size reduction, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).
2. The interest earned on the money in the estate tax account must be credited to the account.
Sec. 16. NRS 381.0064 is hereby amended to read as follows:
381.0064 1. The [trust] fund for the support of the division of museums and history of the department of museums, library and arts is hereby created as a special revenue fund in the state treasury. The interest and income earned on the money in the [trust] fund, in an amount not exceeding $300,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of $300,000 per year must be credited to the state general fund.
2. The state treasurer shall, subject to the limitation in subsection 1, pay to the administrator at the end of each quarter an amount equal to any interest and income credited to the [trust] fund during that quarter. The administrator may use the money to pay the expenses related to the operations of the division.
3. The state board of examiners may, upon making a determination that any portion of the principal of the money in the [trust] fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the [trust] fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.
4. The administrator shall submit an itemized statement of the income and expenditures of the division each year to the legislature, if it is in session or, if the legislature is not in session, to the interim finance committee.
Sec. 17. NRS 388.730 is hereby amended to read as follows:
388.730 1. There is hereby created [the trust] as a special revenue fund, the fund for class-size reduction to be administered by the superintendent of public instruction. The superintendent may accept gifts and grants from any source for deposit in the fund. All legislative appropriations, gifts and grants made to the fund become a part of the principal of the fund which may only be reduced pursuant to subsection 3 or by specific legislative action.
2. The interest and income earned from the money in the fund must be used by the superintendent to carry out the purposes of the plans adopted to reduce the pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3 before it is used for any other purpose.
3. The state board of examiners may, upon making a determination that any portion of the principal of the money in the fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee, or the senate committee on finance and the assembly committee on ways and means when the legislature is in session, that the amount so needed be transferred from the fund to the state general fund. Upon approval of the appropriate committee or committees, the money may be so transferred.
Sec. 18. NRS 397.063 is hereby amended to read as follows:
397.063 1. All contributions from students must be accounted for in the Western Interstate Commission for Higher Education's fund for student loans which is hereby created as a [trust] special revenue fund.
2. The three commissioners from the State of Nevada, acting jointly, shall administer the fund and the money in the fund must be used solely to provide:
(a) Loans to; and
(b) Contractual arrangements for educational services and facilities for,
residents of Nevada who are certified to attend graduate or professional schools in accordance with the provisions of the Western Regional Higher Education Compact.
3. Loans from the Western Interstate Commission for Higher Education's fund for student loans, before July 1, 1985, and loans made to students classified as continuing students before July 1, 1985, must be made upon the following terms:
(a) All student loans must bear interest at 5 percent per annum from the date when the student receives the loan.
(b) Each student receiving a loan must repay the loan with interest following the termination of his education or completion of his internship in accordance with the following schedule:
(1) Within 5 years for loans which total less than $10,000.
(2) Within 8 years for loans which total $10,000 or more but less than $20,000.
(3) Within 10 years for loans which total $20,000 or more.
(c) No student loan may exceed 50 percent of the student fees for any academic year.
Sec. 19. NRS 428.175 is hereby amended to read as follows:
428.175 1. The fund for hospital care to indigent persons is hereby created as a [trust] special revenue fund for the purposes described in NRS 428.115 to 428.255, inclusive.
2. All money collected or recovered pursuant to NRS 428.115 to 428.255, inclusive, and the interest earned on the money in the fund must be deposited for credit to the fund. Claims against the fund must be paid on claims approved by the board.
Sec. 20. NRS 459.0083 is hereby amended to read as follows:
459.0083 There is hereby imposed a state surcharge of $2 per cubic foot of radioactive waste received at Nevada's regional facility in Beatty. This state surcharge must be collected at the same time and in the manner provided for the compact surcharge collected pursuant to Article 5 of the Rocky Mountain Low-level Radioactive Waste Compact. Any money collected pursuant to this section which is not otherwise distributed by specific legislative appropriation must be deposited with the state treasurer for credit to the [trust] fund for the care of sites for the disposal of radioactive waste created pursuant to NRS 459.231.
Sec. 21. NRS 459.231 is hereby amended to read as follows:
459.231 1. There is hereby created as a special revenue fund in the state treasury a [trust] fund for the care of sites for the disposal of radioactive waste. The director of the department of human resources is responsible for the administration of the [trust] fund. All money held by the state treasurer or received by the director for that purpose must be deposited in the [trust] fund.
2. The money in the [trust] fund must be invested as other state funds are invested. All interest earned on the deposit or investment of the money in the [trust] fund must be credited to the [trust] fund, except that all interest earned on the money in the account created pursuant to section 5 of chapter 374, Statutes of Nevada 1961, must be credited to that account.
3. The director may expend the annual income from the [trust] fund for the purpose for which the [trust] fund is created, and any income of the fund which is unexpended at the end of any year must be added to the principal of the fund. Except as otherwise provided in section 5 of chapter 374, Statutes of Nevada 1961, the principal of the fund may be expended if approved by the legislature when in regular session or by the interim finance committee when the legislature is not in session. Claims against the fund must be paid as other claims against the state are paid.
Sec. 22. NRS 459.235 is hereby amended to read as follows:
459.235 1. All penal fines imposed in the name of a county for violations of the provisions of NRS 459.010 to 459.290, inclusive, or any regulation or order adopted or issued [under] pursuant to those provisions, must be deposited in the [trust] fund for the care of sites for the disposal of radioactive waste.
2. The state board of health may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to NRS 459.010 to 459.290, inclusive, impose and collect administrative penalties therefor and deposit the money therefrom in the [trust] fund for the care of sites for the disposal of radioactive waste.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the state board of health deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney's fees or the costs of an investigation, or both.
Sec. 23. NRS 561.405 is hereby amended to read as follows:
561.405 The rural rehabilitation [trust] fund is hereby created as a special revenue fund in the state treasury for the use of the division in carrying out the provisions of NRS 561.425 to 561.465, inclusive.
Sec. 24. NRS 590.830 is hereby amended to read as follows:
590.830 1. The fund for cleaning up discharges of petroleum is hereby created as a [trust] special revenue fund in the state treasury. The division shall administer the fund for the purposes prescribed in NRS 590.700 to 590.920, inclusive, and the board shall adopt appropriate regulations for the investigation and payment of claims against the fund. The board shall review each claim presented and authorize payment to the extent warranted by the facts of the case.
2. The expenses incurred by the division in performing its duties [under] pursuant to NRS 590.700 to 590.920, inclusive, are a charge against the fund. The interest earned on money in the fund must be credited to the fund.
Sec. 25. NRS 616A.430 is hereby amended to read as follows:
616A.430 1. There is hereby established as a [trust] special revenue fund in the state treasury the uninsured employers' claim fund, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616C.220 and 617.401. The administrator shall administer the fund and shall credit any excess money toward the assessments of the insurers for the succeeding years.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the uninsured employers' claim fund must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held [in trust] by the state treasurer as custodian thereof to be used solely for workers' compensation.
4. The state treasurer may disburse money from the fund only upon written order of the state controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest money of the state general fund. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties, based upon expected annual expenditures for claims. Assessment rates must reflect the relative hazard of the employments covered by the insurers, and must be based upon expected annual expenditures for claims.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
Sec. 26. NRS 616B.554 is hereby amended to read as follows:
616B.554 1. There is hereby established as a [trust] special revenue fund in the state treasury the subsequent injury fund for self-insured employers, which may be used only to make payments in accordance with the provisions of NRS 616B.557 and 616B.560. The board shall administer the fund based upon recommendations made by the administrator pursuant to subsection 8.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury fund for self-insured employers must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held [in trust] by the state treasurer as custodian thereof to be used solely for workers' compensation for employees of self-insured employers.
4. The state treasurer may disburse money from the fund only upon written order of the board.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by self-insured employers, and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for self-insured employers. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund for self-insured employers, or any costs associated with the fund.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any self-insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
8. The administrator shall:
(a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury fund for self-insured employers and recommend to the board any appropriate action to be taken concerning the claim; and
(b) Submit to the board any other recommendations relating to the fund.
Sec. 27. NRS 616B.575 is hereby amended to read as follows:
616B.5751. There is hereby established as a [trust] special revenue fund in the state treasury the subsequent injury fund for associations of self-insured public or private employers, which may be used only to make payments in accordance with the provisions of NRS 616B.578 and 616B.581. The board shall administer the fund based upon recommendations made by the administrator pursuant to subsection 8.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury fund for associations of self-insured public or private employers must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held [in trust] by the state treasurer as custodian thereof to be used solely for workers' compensation for employees of members of associations of self-insured public or private employers.
4. The state treasurer may disburse money from the fund only upon written order of the board.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by associations of self-insured public or private employers, and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for associations of self-insured public or private employers. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund for associations of self-insured public or private employers, or any costs associated with the fund.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any association of self-insured public or private employers that wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
8. The administrator shall:
(a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury fund for associations of self-insured public or private employers and recommend to the board any appropriate action to be taken concerning the claim; and
(b) Submit to the board any other recommendations relating to the fund.
Sec. 28. This act becomes effective upon passage and approval.